Newspaper Page Text
6
SUPREME COURT DECISIONS.
[Filed at Sacramento. March 10,1891.]
Appeal from the Superior Court of
Nevada Comity—J. W. Walling, Judge.
For appellants, John CaldweTL
For respondents, P. P. Simonds and
James A. Stidger.
IN BANK.
In the matter of the estate of)
William Westerfleld,
deceased.
Mauyß. Smitiietal., !*r n<n -
Appellants, po. 13,930.
vs. )
James C. Westerfield et j
al, Respondents. J
William AVcsterfield died intestate in
Nevada County, October 16, 1888, and on
tho 20th of that month letters of admin
istration upon his estat& were issued out
of the Superior Court of that county to j
the Public Administrator. February 27, I
1889, tho plaintiffs herein filed In said |
Superior Court their petition in the mat- ;
tor of said estate for a determination by \
the court of the interests of all parties in
the. estate, and to whom distribution]
thereof should bo made, and that upon j
tinal hearing thereof they be declared to
bo tho sole hoirs of said estate, and that
the estate be distributed to them. There
upon, upon the same day, the court
made an order that notice be given re
quiring all persons claiming to be inter
ested in said estate to appear before said |
courton the 2(»t!i day of May, 1888, and |
exhibit their respective claims of heir-
Bhip or other interest in said estate, and
directing that said notice be personally
served "on all persons herein named,
and all other persons known as
claiming any interest in said estate, j
at least thirty days before the time fixed
for said appearance;" and further
directing that "service of said notice be
made on all said persons claiming inter
est in said estate by publication thereof
in the Doily Transcript, a newspaper
published in said Nevada county, and
that said publication be made 'at least
once a week for seventy consecutive days
before the time herein named for such
appearance.'" At the time of filing said \
petition and making said order no person
Dad appeared claiming any interest in the
said estate other than the petitioners, nor
■wore any other persons named in said
petition or order. Notice as required by
said order was on the same day issued by |
the dork ot the opart, and on the 27th j
day of May, 1889, tho court made Its order
and decree, stating that "due anil legal
notice to all persons ■ claiming an interest
in said -state as heirs at law of said do
caased or otherwise lias been given, and
that the same is established of record,
and that this decree be entered in the
minutes of this court." At various dates !
prior to July 22, 1889, the plaintiffs and
the defendants herein filed their appear
ance mid respective claims of heirship, |
and on that day the court made ;
an order adjudging "that the default
of all such persons that have
not appeared herein, as aforesaid, bo and
tho same is hereby entered according to
law." <)n the 30th day of July. INS'I, the
plaintiffs herein Sled their complaint in
the matter of said estate, setting forth
their claims of heirship thereto,and mak
ing as defendants tho persons who had
previously appeared under said notice
and tiled their claims of heirship to said
estate. The defendants thereafter filed
answers to said complaint, setting forth
therein the facts constituting their claim
of beirship, and praying that they be de
clared to be the heirs at law of the deceased
wild entitled to the distribution of his es
taie. the matter was thereafter tried by tho
court, without a jury, and judgment ren
dered that the plaintiffs "are no! and were
not relatives ot said William Westerlield, I
deceased, and are not entitled to bo de
creed his hoirs at law;" and also that the
respondents herein "are tho lawful heirs
at law of said William WesterfieJd, de
ceased, and as such entitled to inherit his
estate.' 1 This judgment was entered Janu
ary !. lsiH), and tho plaintiffs, having
made a motion for a new trial upon a
statement of the case, and the same hav
ing been denied, have appealed from both
the judgment and the order denying the
new trial.
Section IGM, C. C. P., provides that
"any person claiming to be heir to the
deceased, or entitled to distribution in
whole or in any part of such estate, may
at any time after tho expiration of one
y«ar from the issuiMg of letters testa
mentary, or of administration upon such
estate, file a petition in the matter of such
estate, praying the court to ascertain and
declare tho rights of all poisons to said
estate, and all interests therein, and to
whom distribution thereof should be
made." The section further provides j
that "upon the filing of said petition the I
court shall make an order directing serv- j
ice of notice to all persons interested in
Baid estate to appear and show cause on a
day to be therein named;" and, after pre
scribing the diameter of the notice to be
given, declares "which notice shall be j
served in the same manneras a summons
in a civil action; upon proof of which
service by affidavit or otherwise to the!
satisfaction of tho court, the court shall j
thereupon acquire jurisdiction to ascer
tain and determine tho heirship. owner
ship and interest of all parties in and to
the properly of said deceased."
Proceedings for the administration of
the estates of deceased persons, and for
their distribution to those who may be
entitled thereto, including tho determi
nation of the heirs of the decedent, arc
purely statutory. The Superior Court,
while sitting as a court of probate, has
only such powers as are given it by the j
statute, and such incidental powers as
pertain to all courts for the purpose of
enabling them to exorcise the jurisdic
tion which is conferred upon them. Al
though it is a court of general jurisdic
tion, yet in the exercise of those powers
its jurisdiction is limited and special, and
whenever its acts are shown to have been I
in excess of the power conferred upon it,
or without the limits of this special juris
diction, such acts are nugatory and have
no binding effect, even upon those who
have invoked its authority or submitted
to its decision.
The authority conferred upon the Su
perior Comt by the above section to de
termine tho heirship of claimants to an
estate is a "special proceeding," within
tin 1 meaning of that term as defined in
the Code of Civil Procedure. Section 22,1
c. C. 1.. declares that "an action Is an I
ordinary proceeding in a court of justice
by which one party prosecutes another I
for the enforcement or protection of a j
right, the redress or prevention of a |
wrong, or the punishment of a public i
offense;" and Section 23, of the same code,
declares that "every other remedy is a
special proceeding."
Jurisdiction of special proceedings is
conferred by the Constitution upon the '
Superior <'ourt. but, inasmuch as special i
proceedings are only such as axe created
and authorized by statute* tho court in j
the exercise of this jurisdiction is limited •
by the terms and conditions under which
the proceedings were authorized.
It is stated in the briefs of both appel
lants and respondents that this may be
regarded as a contest to determine heir
ship under the general provisions of the
probate law. preparatory to the final dis- j
tribution of said estate. We have not
been referred, however, to any section of
the code which authorizes such proceed
ing other than Section ltit>4, and, as we
have above shown, unless authorized by
statute the Superior Court lias no power
by virtue of Its general jurisdiction in !
cases at law and in equity to entertain a
proceeding of this character. Section
Ki-'U. C. C. P., provides that distribution
of an edtato may be made on the settle
ment of tho final account, provided a pc- i
tition therefor has been filed with said
account, and Section ltklo. c. C. P., pro
vides that at any time subsequent to the
P^O^Powden
Used, ia Mill'ans of Hcmies— 4a Years the Standard.
final settlement of the account distribu
tion may be m::dv. W&enever distribu
tion is sought under either of these sec
tions the court has power to inquire into
and determine who are the heirs of the
deceased and entitled to receive the es
tate; but the terms of each of these sec
tions show that this power can be exer
cised only after the final accounts of the
administrator have been sealed.
In view of the principles above stated,
and of the statute under which the pro
ceedings herein were had, it results that
the Superior Court had do jurisdiction to
entertain the petition of the plaintiJft, or
to determine who were the legal hoirs of
the deceased.
The petition of the plaintiffs, under
which the court proceeded to act and to
render judgment was filed in the
Superior Court within less than four
months after the issuance of letters of ad
ministration upon the estate of the de
ceased, and the complaint and answers
; upon which the issues were tried were all
I tiled before the expiration of the year.
I The court, however, had no jurisdiction to
j entertain any petition for this purpose, or
j to make any order that would he binding
upon the heirs of the deceased, or upon
i those who may claim to be such heirs,
j until "after the expiration of one year
from tho issuing of letters of administra
tion upon said estate."
It does not appear from the record that
the respondents made any objection in
the court below to its want of jurisdic
tion, but they now ask that the appeal be
I dismissed upon tho ground that the pro-
I eroding was instituted before the expira
tion of a year alter the issuance of the
letters of administration upon the estate
of the deceased.
This court will not, however, dismiss
an appeal from a judgment of the Superior
| Court upon the ground that that court
had no jurisdiction to entertain the pro
ceeding when it has assumed such juris
diction and rendered an affirmative judg
ment therein. Our appellate jurisdiction
ovor tho judgments of the Superior Court
includes those in which that court im
properly assumed jurisdiction, as well as
those in which it was properly enter
tained. It is revisory of the action of that
court, and is to be exercised by aliirm
j ing, correcting, modifying or set ting aside
its judgments; whereas, if the appeal
therefrom is dismissed, the judgment
would remain as originally pronounced.
Section IG<>4, supra, provides, however,
that "all appeals herein must bo taken
| within sixty days from the date of the
entry of the judgment, or the order com
plained of." The judgment herein was
entered January 3, 1890, and the appeal
therefrom was not taken until Jane 2,
ISW. It follows, therefore, that by reason
of the failure to take the appeal from the
judgment until more than sixty days
alter its entry, we have no jurisdiction of
that appeal, and it must be dismissed.
The appeal from the order denying the
plaintiffs' motion for a new trial was,
however, taken within sixty days after
its entry, and can, therefore^ be reviewed
by us.
A commission was issued out of the
Superior Court to Orris C. Cobb to take
the depositions of several witnesses
named therein, one of whom was "Jno.
Thompson," of Cincinnati, State of Ohio.
At the.trial of the cause the respondents
ottered to read in evidence the deposition
of .James H. Thompson, taken under
said commission, to which the appellants
objected on the ground that the commis
sion to Cobb did not authorize him to
take the deposition of James If. Thomp
son, but to take that of one Jno. Thomp
son. Upon this objection being made J.
C. Meßurncy testified on behalf of the
respondents that he represented them in
the matter of taking said deposition, and
■was personally acquainted with said
James M. Thompson at the time of tho
issuance of the commission to take his
deposition, and that "tho name intended
to bo inserted in said commission was
James M. Thompson, and tho person
designated as John Thompson in said
commission was identical." It was not
shown, however, that this Tact was known
by or ever communicated to the appel
lants, and the difference in tho names
would presumptively indicate different
persons. The court overruled their ob
jections, and allowed tho deposition to be
read.
This ruling was erroneous. The com
missioner had no authority to lake the
testimony of any person other than those
named in the commission; and tho testi
mony of any person not so named was
not properly taken by him, and should
not have been received in evidence. The
real name of the person whom the de
fendants intended to examine under the
commission should have been given to
the plaintiffs and inserted In the com
mission, in order that the plaintills might
intelligently prepare their cross-inter
rogatories. This not having been done,
the taking of the testimony of James M.
Thompson was, so far as they were con
cerned, purely ex jjarte, and should have
no effect against them in determining the
issues in the case. (Brown vs. South
worth, 9 Paige 351; Scholes vs. Acker
land, 13 111. tv3o; Strayer vs. Wilson. 54
la. st>s; Denny vs. Horton, 11 Daly 3(51;
Patterson vs. Kailway Company, 54
Mich. 9L) In Blown vs. Southworth,
supra, a, commission had been issued to
take the testimony of James Hunl,
whereas the true name of the witness who
was intended to be examined, and who
was in fact examined, was Imus Hard.
Tho court, upon the objection of the de
fendant, excluded the deposition upon
the ground that, "owing to the mistake
in his Christian name, he was not one of
the witnesses that the commissioners
were authorized to examine, and would
not, therefore, by the laws of any country
be guilty of perjury if his deposition was
false." In Scholes vs. Ackerland, -supra,
a commission had been issued to take the
testimony of Seymour Rank, of Cincin
nati. The deposition of Seigmund Rank,
and signed Seigmund Rank, was taken,
and returned with the commission. The
Supreme Court held that it was error in
the trial court to admit the deposition in
evidence, saying: "The iletlimii.t directed
the commissioner to take the testimony
of one person, and under it the deposition
of another person was taken. The spe
cial authority was not pursued. The
names were essentially variant, and
clearly indicated different individuals."
We cannot agree with the respondents
that, inasmuch us other wituesses testi
fied to the same fact, this was an imma
terial error. One 01 the issues presented
for trial in tho case, and which was
sharply contested on both sides, was
whether the name of the plaintifls' father
was "Westtield" or "Westcrrield." The
respondents alleged in their answer that
the true name of the plaintiffs' father was
Charles Westtield, and the court found
that the plaintills are the "issue of Charles
Westtield and Alary Westtield, his wife."
It was for the purpose of establishing
this fact that the defendants issued the
commission to take the testimony of the
witnesses at Cincinnati. This is not a
case where an incidental and collateral
fact which may not be seriously con
tested has been shown by incompetent
evidence, but the testimony of the witness
bore directly upon the main point in is
sue. In such a case all the evidence upon
that point becomes material, and the in
troduction of any incompetent testimony
is presumed to cause an injury to the op
posite party. We cannot determine the
weight which the court below gave to tho
testimony of this witness in reaching its
conclusion upon this controverted point.
If the respondents believed that this
testimony of the witness was unnecessary
for the purpose of establishing their case,
they should have declined to introduce it
after the objection had been made thereto.
They cannot now, after insisting upon a
ruling in their favor and introducing the
testimony, say that tho error was harm
less.
Other errors appear, from the state
ment of tho ease, to have been assigned
SACRAMENTO DAILY RECOBD-TJXIoy, SATURDAY, MARCH 28, 1891.—SIX PAGES.
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dard baking powder for over a quarter of a century, and its reputation is established as the
finished, perfect leavening agent. It is always uniform, never fails in its work, makes food more
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says: " Royal Baking Powder is pure, 23 per cent, stronger, and far superior to all others."
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stitute for the Royal Baking Powder, send it back.
by tho appellants, but, inasmuch as the
error in receiving in evidence the above
deposition necessitates the reversal of the
order denying tho new trial, and in view
of what wo have said upon the jurisdic
tion of the Superior Court to entertain the
proceeding, it is unnecessary to puss upon
the correctness of the other rulings of tho
court which were excepted to by the
plaintiffs.
The appeal from the judgment is dis
missed. The order of the court below
denying a now trial is reversed, and that
court i.s directed to outer an order dis
missing the petition of the plaintiffs and
all proceedings subsequently taken there
under. Blahbisojs, J.
Wo concur:
Dk'Havkx, J.,
Mi'F.VKI.AM), J.,
Patf.hsox, J.,
SHARPSTi:iN\ J.,
Gakoutte, J.
AMUSEMENTS.
Willard Spenser's comic and spectacu
lar opera, "The Little Tycoon," was sung
to a good house at the Metropolitan The
ater last evening. There are in the com
pany and orchestra some thirty-oight
people. The ladies are young and grace
ful and, with slight exception, are hand
some, physical essentials in such an op
era, the whole text of which deals with
youth and beauty. The company is of
fair merit—not surpassingly good, and
not weak, lint tho Rafts of Mr. Willard
is ill-taken. Neither in enunciation, fig
ure, voice or action does he till the bill of
a lively, witty and vigorous young Amer
ican. The Harry of Mr. l'acie, the tenor,
is fairly good, but not brilliant. Miss
Eflio Cave makes a handsome Violet,
with a light soprano voice, used with
ease. Miss (loldthwait as Dolly Dimple,
Miss Hosmer as Miss Hurricane?
and Joseph Mealey as Teddy, have
the broadly comic 'parts and very capa
bly and merrily fill them. Miss Gold
thwaiteand Miss Hosmer are especially
happy in theirefforts. The latter's make
up as a Japanese has not been equalled.
Mr. Mandeville is the General Knicker
bocker of tho opera, and is satisfactory in
tho part. There is not a great deal of
catching mirth in the opera; in fact, the
pretty music and the beautiful love song,
tho air of which runs all through the opera.
rich costumes, handsome scenery and
graceful posingsand groupings of the peo
ple on the stage, and its neatness and
cleanliness, are what give it its hold
upon public favor. If upon genuine wit
and mirth provocation it based its claims,
it would fail. The satire in it that is
really keen and well put, is the sharp rap
given Americans who run after European
aristocrats, and the razor-edge it applies
to toft banters. The opera will be given
again this evening.
Chaplain Simmons will this evening
deliver a lecture at the Sixth-street M. K.
Church, during which he will civc a re
cital of his thrilling experience in the
Union army during the war. The press
of other cities speak of it as an exceed
ingly interesting effort, especially to old
soldiers.
On Monday evening Y. M. T;, Xo. 11,
will give a social party at Turner Hall.
SOCIAL AND PERSONAL.
Senator Goucher left for his home In Fresno
yesterday.
Miss Addie Shields has gone to San Fran
cisco for a brief visit.
Mrs. \V\ A. Buttertield, of Portland, Or., Is
on a visit to the family of City Attorney Hart.
Major W. A. Gett, Chris. Wall and O. A.
Tiovdal went to San Francisco yesterday after-
A. M. MeCollum, Secretary of the State
Veterinary Society, returned from New York
yesterday.
F. L. Orcutt. Felix Tracy and C. H. Cnm
minsrs and wife, of Sacramento, are at the
Hotel del Coronado.
Arrivals at the Capital Hotel yesterday: J.
E. (Jump. Brighton; F. G. Hail, San Francisco;
W*. B. Thorpe, Newcastle: K. H. Copp, Hock
lin; George F. Jacobs, Nevada; Julius K.
Miner, Minneapolis; Mrs. Nora S. Buttertield,
Portland; Charles s. Crocker and wife, Wills,
Nev.; C. C. Brown. Koekiin; L. Mativia, Sum
mit: E. 1). Miner. Colfax; John Glasson, Grass
Valley; \V. B. Lyon, Darby Laydon, C. 11. .Me-
Grevy, F. Gallant, San Francisco; John A.
Calilwell, Miss Hosmer, Mrs. Gold wait he, W.
Manderville, New York; Mrs. BmiMngton,
Willows: C. W. Childs, San Jose; George B.
Green, Courtland; N. O'Neill. D. Lone, W.
Gnrfleld, Geo. Stephens, Joe Cantillion. I'cter
l.ohman, M. McQuaid, H. Youn^man, II
Hines, .1. Phillips, J. Sheridan, Oakland.
Arrivals at the Golden Engle Hotel yester
day: B. D. Boswell, Berkeley; George Tennerf
L. Caro. A. T. Astor. A. A. Brediue, T. P. Bor
ensou, C. M. Gilbert. H. H. Itanium, K. L
Goodsell, New York: Mrs. M. Schatter, West
burs. Wash.: U I. Stock. Seattle; ,1. M. Bedell,
Colusa; O. G. 'Williams, Cincinnati: Mrs. J. A.
Stewart, O. Marks, S. McKay, Trueke?; W. 11.
Haiglit, Oakland; In* Moore, Los Angeles;
Fred. I^oinon, D. F. Williams, H. A. Ander
son. Boston; A. L. Xii 1. Philadelphia; George
H. Schwartz, Cincinnati: Miss Courtnev. Miss
Caurchill, S. T. BtacVliouse and wife. Willard
Spenser, Tycoon Company; Culver Gordon,
Lowell, Mass.; E. B. Manning, Connecticut; N.
S. Nichols and Wife, Jarinio; J. W. Burton,
Kcddiu^; E. T. Pierce, Chico: W. J. Webber,
St. Paul; K. Knigliton, S. P. Yotmg. Robert
Mack and wife, J. M. Thompson, A. K. Lebay,
A. Simon, Sun Francisco.
Department One—Ontlin, .Tntl^e.
Bank of D.I). Mills vs. Theresa Demurrer
■ostaiafed.
In re. J. B. White, tin insolvent debtor-
Taken under advisement.
Mollie Brady vs. Milton Brady—Motion for
alimony.
Frank D. Myers vs. Sacramento City—De
murrer continued.
.lohn F. Hiekson vs. John P. Brissel De
murrer overruled.
I.a uni Me Adams vs. Louis Me Adams—Con
tinued.
Charles W. Sumcrs vs. A. B. Davis—Appeal
from Justice Court; argued.
«
New Incorporations.
The following articles of incorporation
were tiled in the Secretary of State's office
yesterday:
Southern California De'volopment and
Manufacturing Company of Los Angeles.
Capital stock, £100,000. Directors—Chas.
G-. Cumpton, X. V. Blair, Lyman Ayer,
Mark Phelps and George K. Butler.
F. A. Week Company of San Francisco.
Capital stock, §75,000. Directors— F. A.
Wei-k, H. B. Shaw. F. A. Beckett. Milton
McMurray, C. A. Week and W. K. Dain
ger field.
Pacific Fruit Company of Los Angeles.
Capital stock. $100,000. Directors—J. R.
Lankershim, Abe Haas. Herman W.
Hellraan, K. Conn and I. X. Van Xuys.
The Capital Association of San Fran
cisco. Capital stock, 81,000,000. Directors
—Charles W. Faber, U. P. Ki.xford.
Columbus Waterhouse, A. E. Williams,
John W. Butler, K. Worth and H. C.
Somers.
Australian Mining Company of San
Francisco. Capital stock, $3,000,000. Di
rectors—George B. Tolman, Charles B.
Adams, Benj. C. Austin, Wm. H. Wick
ham and A. K. Brilliant. '
Lobos Land Company of San Francisco.
Capital stock, &1.000. Directors—M. B.
Kellogg S. M. Marks, X. G. Kittle, H. B.
Jones, H. S. DeKochemont, E. M. Ad
ams and F. R.~ King.
SUPERIOR COURT.
Church IJcttccs.
CIONggEGATIONAL CHURCH, SIXTH |
' .street, between I and .I—Tlie pastor. Rev.
J. B. Silcox, wHI preach at 11 A.M.: "Lessons '
tor Easter," and In the evening he will preach
the annual sermon to the Sacramento Coni
mandery of Knights Templar.
CALVARY 15APTIST CHURCH, I STREET,
between Twelfth and Thirteenth—Rev. A.
C. Herrick will pre;.rh ut 11 a. m. Theme: \
"The Conqueror of Death." Bible school, at ;
12:15. At 7:30 tlie pastor will speak on |
"Side Lights I]>on lliblical History from Re
cent Exciivalions in Etrypt." Baptism at the !
close of the evenftlg service. *
/ ienti:al m. k. church, eleventh
\j street, between II and I—services for
i-:isicr Sunday. Bnbject for the morning:
Captivity Led CaptWe." Easter concert at
< :..O l. m. by the cliitdn n and young people, I
assisted by the choir. Young people's meet,
lngat6:3OP. m. a cordial Invitation to all
these services la extended. C. H. Beeohgood,
pastor. * '
EMMANUEL BAPTIST CHURCH, TWEN
ty-iifth and N Btrocts—Rev. H.B. Hatch
ins, pastor. Preaching at 11 a.m.and 7:30
P.M. Sunday-school at 12:lf>.
ENGLISH LUTHERAN < Hliicll, FlRE
niin's Hull, Eighth street, hi-twten J and
X—Rev. w. s. HoskJnson, pastor. Morning,
Easter Bervlce; address; holy communion.
Evening, children's Easter service. Everyone
mad'- welcome, and specially Invited toenioy
Easter Sunday with us. *
CURST BAPTIST CHURCH. NINTH
J 1 street, between pand M—Pastor, Rev. W.
Ward Willis. Preaching at 11 a.m. and 7:80
l. m. Runday-chool, 12:15. Song service, 7.
Cordial invitation extended. *
I -IoURTKENTII-STRHKT PRESRYTERIAN
I I Church, between O and P—Rev. <:. P. Tin
uall, pastor. Services at 11 A. Jt. and 7:30
P.M. Sabhath-school at 12:15 P. M. Young
people's meeting at 6:45 P. m. Subject Tor
morning sermon: ••Christ's Triumphal Entry
Inlo.lerusjilem."
I^IRST UNITARIAN SOCIETY, CASTLE
1; Hall, northwest corner of Nintli and I
streets—Preaching at 11 a. m. by Rev. c. P
Massey. Bnbject: "The Life Which is to Be."
'J'his being the Easter occasion the choir of
this iciety will render a choice programme oi
Easter music. Scmday-echool at 12:15. A
cordial welcome to all. *
ME. CHURCH SOUTH, SEVKNT!!
. street, between J and X—Preaching by
the pastor. Rev. A. C. Bane. At 11 A.M.
Easter service: -'The Empty Toml.;" at 7:30
P. M.: "Newspapers—luaigious and Secu
lar." *
OT. PAuT J 'S~~EPISCOPAL~"cH"uii<' 11.
0 Eighth street, between 1 and J—liev. John
h.v.>n llerrlich, i-e.-tor. Easter day services
at BA. M., 11 a. M., J I-. sr. and 7:30 p. X. At
the7«op.m.service Right Rev.J.H.D. Wlnir
tiild. D. 1).. L.L. l)., liishop of the Missionary
Jurisdiction of Northern California, will ad
minister the apostolk) rite of oonflrmatlon.
1 he i P. tc service will be a children's ser\ Ice
and the Sunday-school will sing their Easier
carols. Pewholders, will please be in their
pews fifteen minutes before the hour set for
each service, as no pewi will Ik- held later.
Pt wholders can enter at tlu>tower-door. •
SIXTH-STREET M. E. CHURCH, l;E
-tween X and L streets—Rev. Arnold T.
pastor. Freacbing at 10:15 a. m.,
an Easter sermon; at 7:;S0: "Winning Souls "
Epworlh League. ii:3O p. .^r. Mrs. L. ('. Robin
son will commence revival services Thursday
April 2d, at 7:30 g.lfc * '
TTNITED BRETHREN CHURCH. FOUR-
U tecuth mid X—Rev. T. J. Bander will
preacli in the morning. At night there will
be a Sunday-school Easter concert. Welcome
all. M. S. Bovey, pastor. *
E SbT T E R I A N
>> Church, corner sixlh and L streets
Service at 10:45 A. X. Babject: "The Resur
rection Of Christ." "lathe Young Man Sain-'
will be the evening subject. The pastor. Rev
R. M. Stevenson, wi.ll preach and In the even
ing Will SUlg. BabbMo-school at I2:ir> p si
Young Pwiple's meeting at G:3O. Attention
is shown to strangers at all services. *
(Dcncrctl Itoticcs.
ESCHEPPLEMAN, OF 1320 Q STREET,
. has received a shipment of thoroughbred
poultry from Natick, Mass. It*
A LADY WHO WILL DO WRITING FOR
2\ me at her own home will receive good
wages. Address, with self-addressed stamped
envelope, MISS FLORA 1). .lONES, South
Bend, I nd.. Proprietor of tlie famous "Blush
of Roses" for the complexion. mrS6-St*
_Wi»cellarteoito.
K. A. OLMSTKAD. S. T. OLMSTKAD.
R. A. OLMSTEAD & CO.
Wish to announce that they have re
opened the store formerly occupied by
J. C. SCHADEX, corner Fourth and L
streets, with a complete stock of
Groceries, Provisions, Ktc.
The place has been renovated, and the
stock is first-class in every particu
lar, and will be sold at cash prices which -
will' defy competition. mr4-tf
FRIEND & TERRY
Lumber Company.
T\.f AIN YARD AND OFFICE 1310 SEC
i>X ond street. Branch Yard, Corner Twelfth
and J streets.
GOLD MEDAL, PABIS, 1873.
S. Baker & Co.'s
Cocoa
from which the excess ol
oil has beon removed, is
Absolutely Pure
and it is Soluble.
No Chemicals
are used in its preparation. It has
more than three times the strength of
Cocoa mixed with Starch, Arrowroot
or Sugar, and is therefore far more
economical, costing less than one cent
a ciqi. It is delicious, nourishing,
strengthening, easily digested,
and admirably adapted for invalids
as well as for persons in health.
Sold by Grocers everywhere.
W. BAKER & CO., Dorchester, Mass.
TO WEAK MEN
■** ■¥■■#11% 111 kIV youtlitul errors
enrly decay, wastlnir weakness, lost manhood, etc^
I will Bend a valuable treatise <«ealed) containing
tall particulars for home cure, FREE of chan»e. '
A. epienald medical work; should be read by every
man who U nervous and dehllitatrd. Address,
Profc F. C. FOWLER, li »odui, Conn.
mHE NEWS OF THE WORLD 13 CON- j
J. tamed In the WEEKLY UNION, '
IStccttntx literttceff.
; ptALIFORNIA TKMI'LE, NO. i, PYTHIAN
I \j .sisters.—BegularmeetlogXHXS (Saturday)
I EVENIX<; nt, 7:3(1 o'clock.
MBa JENNIE IIoKNLEIN. M. E. C.
Mis. UJ6OBQIA <H •tiikie. M. of R. C. It
A LL THE LADIES INTERESTED IN THE
i\ oreanlxation of Uie Young Women's
Christian Association will meet nt Pythian
Castle THIS (Saturday) EVENING at ?::30
; o'clock. MRS. E. THOMSON,
__lt* Chalriium Coast Y^W. C. A.
MEMBERS OK EL DORADO .-.'■;/»/.■■.
l.ou^e, No. H, I. O. O. i-'.. arc jj&f&t*-
rixiuested to meet at their hall at -*'- ,«EV"' .
-7::« i o'clock THIS (Saturday) **s* i 'ift» v *
EVENING, to vi>it BscramentoLodge, No. 2,
when tlie Grand Master will b.; present.
A. J. GARDNER, N. G.
B. BHIEEB, Secretary. it*
EEGULAR MEETING OF UNION «
) Lodge, No. 2 1, A. (). U. W., THIS .#tte\
i Saturday) EVENING, at 7::H) SRSUA,
"'clock, in (iran^ers' Hall, corner ol '■'vit'Jjf
lenili and X streets. Sojourners in- "^Z&r
Xl}' t\\- r> W- T «<JHE, M. W.
C. \\ . IIAKKit. Recorder. it
\X7ENONAH COUNCIL NO. S,^^bT
.>»!'■-■!■■■■■ ol I'ocahontas, inc,i<-^r
l; -M«. IT at Red Men's Hall, at-^K^
.:..<) o'clock. POCAHONtSs 35f**r^i
MBS. E. J. Brazii.e, K. of R. it*
xTI Lodge, No. 4,1. O. O. F you-'iSfe, r
are hereby notified to meot at vour-<^3*v* :"
liall_illls (Saturday) EVENING "'-*-*.v.><--"~
at . ::50 o'clock, to visit Sacramento Lodge
-:"• -•"']L Ull' occasion of tlie official visit of
tirand officers. Llt-J .1. R. CHILDS, N. (i.
/lAI'IToL LODQE, NO. 87, V ~
\.,' O. <I. !■'.—< >:iu ers ami nnin 1.,-rs - V^gW. -
"' ,%}','} J""(1-1' «••>■' requested t»^P!?
meet nils (Saturday) EVENING ■>^tr4ii9? i'
at , :30 o'clock, to pay a fraternal visit to Sac
raineiito Lodj;e, No. -, in honor of the recep
tion ot the Grand Master.
. . , IAY R. IUIOWN, N. G.
\\ . A. Stei'henson, Rec. See. it*
y:lrtntc^♦
WANTED_A (i(lUI) P.ARBEU. Ai'lM.V
Y> at ;> 13 Iv street. ]t*
WA NTED-T( >~ RENT, A~iulTA BLE
*V Place near city for chicken ranch. Ad
.iiess Box 2 1, this Office. mrJ7-2t*
TTI7-ANJED-A SITUATION KY A \V( >.MAN
tnToi 4 'l') J t-POIUI'III l'»ii-<work. laqnlreßoom
40, State House. j t *
WA NTED-SITLTATION AsTgaRDENER
i>y one who understands ids business
Addreea GEORGE, thla office. inrj>-: t*
\V A N, TKI 'A PIRST^LASS MI LLINERY
?> saleswoman; one who has had years of
experience. Apply to C. H. GILMAN, Red
House,.between :i a. m. and lr. m. mrji-ti
WA-y,:,"- AI.I- PERSONS "WANTING
rcllalUe mule and female helo will call
at I I. SMITH'S EMPLOYMENT OPFIC^
■■.^4 X street, at the ortiee of Capital Transfer
« ompany. mrl-lin*
\yANTED - TEAMS. - PARTIES WITH
tr t.101l niS.°. 1, tnictiull "'Sines to take con
tract to haul three million teet of lumber -ill
summer's work. For further partlcutors'ad
! ■!'V SSnf- L I>U, UAl>° MILL AND LUMBER
CO., Diamond BpringS, CM. fell-tf
WANTED-MEN ix)R~FARMB, YIN&
Jiirds. dairies and all kinds of labor
women and girls for cooking and "enerii
housework; plenty of work for desirabFe heir"
rtre^ X and L.' LOYMENT VFtKE '
1 1^ 1'1'I'11 TERMER POT
IJ !• mder will be rewarded by leaving at si j
5 ■'''''■ nirjs-jt
-1 OST-YOrXJ BULL BITCH, WHITE
1j with butfYar.s and tail. Return to msl
streeuiini reeelvereward. mr.>s-2t*
I OST-ABOUT THE MIDDLE OF JANU
iJ ary, a blue-black pilot cloth overcoat
satm-lined. made by Cavanaugli, Ganford A
Co.; makers' name stamped on a strap on the
Inside <rf the collar; also a leather-colored va
lise with a shoulder strap, containing samples
ol rubber soods, dressin<r-ease and a leather
tape-line. I'lie tinder of the above articles
will please leave the same at police head
quarters; and be rewarded. mx2s-5t
&o £ct or |lcjtt.
mo LET-NICELY IfURNISHED ROOMS,
X single or double, at 422 L street. mni-Tt*
mO LET—AN ELEGANT FURNISHED
X room; also a suite of furnished front
rooms, at 804 X street. mr27-3t»
110 RENT—FTRST-CLABS, NEWLY Fo_>
. mshed rooms at "The Pacific " 7"7 J
street ! _A^NA L _E ! JPRATT. mrj.Vl*w*
TO LET—A FLAT OF SIX ROOMS UP
Stairs,at U22 Ninth street; rent, S2G per
month. mr£j-7t*
HOTEL OP 100 ROOMS, ALIT'uS
mslied, lull of boarders and rooniers to
l>-ase; best location. Inquire at 1007 Fourth
_*_!__ mi-2-tf
I BURNISHED ROOMS AT CENTRAL
House, from $5 per month upwards; also
family rooms at low prices. HORNLEIN
BROS., Proprietors. mrl9-ly
rpO LET—THREE TENEMENTS, THREE
I rooms each; also one house, 8 rooms, part
ly furnished (suitable for lodging or boardhi"-
Isoiis.-i; also some rooms, furnished or un
lurnished, suitable for light housekeeping
For particulars apply at WOOD YARD 401
I street. All cheap rent. mrC-tf
rpo RENT-FURNISIIED AND UNFUIV
JL ntabed rooms, suitable for housckecpiii"
rents from $1 to $8. Inquire at 30'J M st.teO-tf
for gialc.
IjWR 8 \ 1.1 •: ( HEAP-A LARGE SECONB
hand farm wagon in good condition. Ap
ply at 1021 Tenth street. mriS-lt
<^f)A NEW STYLE WALNUT FRAME
OAUi pal flit bed lounges, covered in crushed
plusli, silk-trimmed; latest out. For sale at
CHAS. M. CAMI'HKI.I/S, 109 X street. Dp
bolstering and repairing. niilb-iit
FOR BALE—A FIVE HORSEPOWER EN
gine. In good order; also, small boiler. In
quire of SACRAMENTO PACKING AND
DRYING CO., Oil G street, Sacramento.
mrIMmWS
F)R BALE—A PRETTY GOOD FARM AX
a very low price, between much praised
Hiekey and Light tracts; 80 acres, all fenced;
;50 acres in wheat, 2 in alfalfa, 2 in potatoes;
small bearing orchard and vineyard, house of
4 rooms; out-buildings; 2 living springs, run
ning all the year round, and the whole farm i
lays under and only one-fourth of a mile from \
the main Bear River ditch and can all be irri
gated; only Jour miles from Ixioniis depot
prke, $2,500. Apply to CARL STRi )BEL,
broker, 317 J street. mrJ7-">t
FOR HALE—A BMART RIDING PONY,
suitable for children to ride; price, S3O.
At SO4 X street. mi-_7-;lt*
T7KJR SALE CHEAP—ONE FOUR-HORSE
P power upright engine and one small
Prentice Uro-. screw-cutting lathe. Inquire at
1303 G street. mr_-jw*
T7IOR SALE—ON INSTALLMENTS, FIVE
JC desirable building lots, with or without
nooses, in south Sacramento. Inquire Mel
vln's Installment Store, 71HK st. mr2l-tf
01 Q< \f\ f'*>R SALE—PAID-IP LEASE TO
01./4UW Blue Canyon Hotel, worth 5450,
and furniture, etc., worth Sl.ooO; will sell
lease, furniture and goods in house for $1,200.
For terms and particulars apply to L. E
SMITH, Trustee. 1217 L street, or FELTER
SON i CO., Second street, between J and X
Sacramento. mrl4-tf
F>R BALE~ONE OF THB FINBBX AND
largest saloons in the city; extra family
entrance; best location; stock and lease. In
quire at this office. mr9-tf
T,X)R SALE OR TO RENT ON LEASE—TEN^
J: acres of bottom land, one mile below
Washington, 'Yolo County; if sold will take !
smallpayment down. Apply to EDWIN X '■
ALSIP & CO., Real Estate and Insurance I
Agents, 1015 Fourth street. toil-it
It is the duty of every man of family
to provide them with a home. To enable
him to do so, we will hold the second
-GRAND
AUCTION SALE
OR
City Lots in Sonth Sacramento,
Lying East of Sacramento Avenue, at
that Large Store,
NO. 519 J STREET,
ON
ITHDRSDAY EVENING, APRIL 2,
-A-t 7:30 O'clock.
We hold the sale in the evening to enable those who
are employed through the day to attend.
The former Auction Sale was a success. ONLY A FEW
LOTS LEFT IN THIS SUBDIVISION (71 lots having been
sold at previous,sale). We have determined upon closing
them out. and this will be THE LAST OPPORTUNITY TO
OBTAIN A CHEAP AND DESIRABLE BUILDING LOT,
where streets are all graded and high taxes avoided, with
clear and pure water in abundance, at a much less cost
than in the city.
The Electric Railway being an assured success, fifteen
minutes more time is only consumed in going from a point
in the city to South Sacramento, where Lots will be sold
for 600 per cent. less.
Lots Will be Sold Without Reserve to the Highest Bidder, Consequently
a Bargain Will he Secured.
■
TERMS-One-fourth cash, deferred pay
ment in monthly installments of £10,
with interest at 7 per cent, per annum,
purchaser paying taxes.
EDWIN kTISIP & CO,
Real Estate and Insurance Agents, No. 1015 Fourth Street, Sacramento,
MAISFAGrEIRS OF SALE.
DR. S. BISHOP.
LATE RESIDENT PHYSICIAN AND su
perintendent of the Nevada State Insane
Asyhini. Office, room 12, Postollice Block
Residence, ldc; o street. mrll-lm
ARCHITECTS^
XJ I>. GOODELL AND F. H. BCHARDIN
_\ . have associated themselves together as
Architect-! and Builders. OFFICK. Pioneer
Hull. Seventh street, between .1 and K. Sacra
mento, Cal. Consultation and estimates made |
free of charge.
MRS. MARION STIRLING, M. B.
LATE LADY PRINCIPAL OF DUFFERIN
Medical College for Womea, and Superin
tendent of Women's Hospitals and Dispensa
ries In Northern British India. Diseases of
women and children a specialty. OFFICE,
Room 7, <Md_FeUo\vs' Temple.
H. F. BOOT. ALEX. NKILSON. J. DRISCOL.
ROOT, NEILSON & CO.
UNION FOUNDRY—IRON AND BRASS
Founders and Machinists, Front street.
between N and O. Castings and machinery
of every description made to order.
D. K. TRASK.
I" AWYF.R, FULTON BLOCK, LOS ANGE-
J les, Cal., attends to business In Southern
Calitornia for non-residents and attorneys.
Practices in all courts. Letters promptly
answered.
CHAKLES~Hr OATMAN, ~
A TTORNEY AND COUNSELOR-AT-LAW.
J\ OFFICK—I2O J street, .Sacramento, Cal.
Notary Public^
A. L. HART,
ATTORNEY-AT-LAW-OFFICE, SOUTH
west corner Fifth and J streets, Rooms
la, 13 and 14, Sutler Building.
Thomas w. htjmpereyT"
a ttorney and counselor-\t-law,
j\ southwest corner Hevcnth and .1 streets,
rooms 7-8, Sacramento, Cal. Notary Public.
glenttotrß.
F. F. TEBBETS,
i \imi-t. 911 sixth ■<i'-.£>£3!3SBss.
1/ betwren T and ,T. west
opposite Congregational Church.^~*-CCnLX'
DR. W. C. KEITH, "
DENTIST, LiNPLF.Y JU'ILD-^P^^b
in«, southeast corner
enth and.) streets, .Sacramento.
C. H. STEPHENSOJT,
DENTIST, CORNER SF.V- gtiKSfrgtb
enth and J streets, Silrl':'-QTrfj|g|Sj4
J. O. WACHTER. p.. c. BECK
WACHTER & BECK,
(Successors to Oscar S. Flint)
Ice Cream and Candy Parlors
WHOLESALE ICE CREAM ORDERS A
SPECIALTY.
NO. 824- J STREET.
mrl2-tf
Baker & Hamilton,
—IMPORTERS AND JOBUER3 OF—
HARDWARE, IRON, STEEL,
COAL, POWDER,
Agricultural Implements and Machines,
BARBED WIRE, CORDAGE, BELTING,
SACKAMEKTO-. .^.^.^VMTOiefTjv.
CAUTION AGAINST FRAUD.
IN THE MATTER op THE ESTATE OF
Thomas Harrigun, deceased, now pendin"
in the Probate Court, no tinal account has ever
been made nor no final settlement as vet
MARGRET HARRIUAX, executrix and ad
ministratrix, jaa-ti
PEOPLE'S SAVINGS BANK. '
Sacramento City California
GpUKßteed capital 3410,000
Paid up capital 225 500
Reserve and Barplus 56.000
Term and ordinary deposits received. l>ivl
dends paid seini-umuudly. Money loaned on
real estate only.
j. To encourage children and people o'
limited means to save, deposits of $1 will bo
received and interest paid thereon. For
further information address
O,:o. W. LoiS {g AN- F*-"""-
NATIONAL BANK OF ]). 0. MILLS & CO,
Sacramento, Cal.—Founded ISSO.
.Saturday Hours 10 a. m. to 1 p. it.
Directors and Shareholders:
B. O. MILLS 1 .-..30 si ln ~,
EDGAR MILLS, K£Wen£."3l3aB S a es
HvANK MILLER, Cashier 351 Shares
C. F. DILLMAN. Asst.Cashier. 1258nftfla
Other persons own 1,198 Shares
C;i[)lt!il and Surplus, -I<«JOU,OUO.
«a"Chrome Steel Safe Deposit Vault and.
Time Lock.
FARMERS' AND MECRAxNICS'SAVINGS BANK
Southwest corner ]"oi!rih and J streets
Baenunento, Cal.
Ciiiaranteed Capita] S«500,000
LOAXS MADE ON KEAL ESTATE IN
terest paid semi-annually on Term and
(irdliuirv liuposits.
B. I. s'L'KINMAN President
■-DVVIN K. ALSIP Vice-I'resident
D. D. WHITHKCK r,s ier
C. H. CDMMINGS Sec'.vt lt -v
JAMES M. .STEVKXSON Sui'veyor
DIRECTORS:
B. g. Stf.i.njcax, Edwin K. Aiap.
C. 11. Cusurrsroa, AY. E. t krry
Sol. KUXTOK, Jamb McNassab
J/va. M. Stkvk.vsox.
CiUFORNU STATE R4NK
And Safe Deposit Vaults,
SACRA.MKNTO, CAX..
Draws Dratts on Principal Cities of the World.
Saturday Hours, 10 A. M. to 1 P. M.
officers:
President. x. r>. rideout
Vice-president FRED'K COx
uasnier \hh< >tt
Assistant Cashier \v. c. uekbeh
DIKECTORS:
C. \V. Clahke, Jos. Steffen-s,
<iEO. C. PKl'k'tNS. FRBTD'K Cox
». D. KlDiiour, J. R. WA3BOK.
. W. E. GKBBBB.
SACRAMENTO BANK.
rpiTE OLDEST SAVINGS BANK IN THE
X city, corner Fifth nnd J streets Sacra
mento. Guaranteed capital, 9500,000- oaid
up eapital.Kold coin, J3OO.OOO; Loons on real
estate 111 California, July 1, 18UO S" S9s 4 !■>•
term and ordinary deposits, July'l i^,,','
»~',ri)y,:,!>l. Term an(f ordinary deposits'rt>
Wived. Dividends paid in January and July
Money loaned upon real estate only Tno
i'lliirkEß-WOOLWORTII NATIONAL" BANK
8«a Pino Street, San Francisco
PUD DP CAPITAL, $1,009,000. SURPLUS, $250,000.
niRECToiw:
CHARLES CROCKER X H AlTf rrp t.,
K. C. WOOIAVOKTII -WILLEH Ji:
W E IJItOWN* ;v President
\v-: h. ckocker:;;;;;:;;;;;;;;;;;;;;^ 106-11^};;^
THIS WEEK
IVI: WILL SELL
CALIFORNIA^ GLAZE FRUIT
FIFTY CEXTSJPER POUND.
Send a Box to Your Eastern Friends.
H. FISHER & CoTsio J STREET
nirl-tf
S^_Si2S£ L* ***** ro *wis
