Newspaper Page Text
Was Judge Wallace Justified in Ap
pointing an Elisor?
Arguments on tho Question Before
the Supreme Court in
The petition of Elwood Bruner of this
••ity for a writ of prohibition, designed
to restrain Judge Wallace ofthe Superior
Court of San Francisco from proceeding
.--gainst him on the indictments recently
found by the Grand Jury of the metropo
lis, charging Brunei- with malfeasance in
office and perjury, was heard !>y the Su
preme Court, sitting in bank, yesterday
at the Capitol.
Mr. limner was in court accompanied
by his attorneys, J. C. Campbell and ex-
Judge Chamberlain. Judge Wallace and
lhe San Francisco Grand Jury were rep
uted by Attorney-General Hart, Dis
trict Attorney Barnes of San Francisco
und ex-Judge A. L. Rhodes. Every
available seat in the courtroom was occu
pied by attorneys, politicians and other
C \mi-.:__i.i.'s AK<;r>n_NT.
The Bruner petition was the first mat
er taken up, and Attorney Campbell
proceeded at once to give the Justices his
x-easons for believing that the Grand Jury
which indicted his client i.s an illegal
body, and therefore had not the power to
Mr. Campbell said that the indictments
were Illegal in the lirst place, even if tho
Grand Jury were a legal body, because
one of them set forth that th.' alleged
me was committed in San Francisco
Countj r. If such a crime had been coin
tea it must have been in Sacramento
inty, therefore the Grand Jury had uo
isdiction. The second indictment was
tor perjury alleged to have been oom-
Ltted when giving the testimony upon
which the first indictment was found;
reforeif the Grand Jury had no juri -
di -lion in the first place, the alleged
perjured evidence was immaterial, and
he lecond indictment must also lalL
Mr. Campl ell next attack, d the legality
of the Grand Jury itself He read Sec
tion 8 of Article i or' ihe Constitution
of California, which provides that a Grand
Jury most he ••drawn and sumn.
in each county at least once a year, lie
laid gr.a.t sties- upon the conjunction,
»nd said that this term proved that
JUDGE WALLACE'S METHOD
Was iUegaL If tho section had read
■*drawn or summoned" it would have
beeu discretionary with Judge Wallace
whether he drew ihe names irom ihe box
n the customary way. or summoned the
jurors himself, as he bad virtually done.
rhe section 71;< 1 not contemplate that a
Supi rior Judge should accept ten men
from the regular Grand Jury panel, ex
cuse some «>i" them, and then, ignoring
the balance of the venire, appoint an cli
*•_• to complete the panel. The Constitu
tion designated in unmistakable lan
the exact manner in which a
Grand Jury shall be drawn, and virtu
ally prohibited the adoption of different
methods—any other method was a viola
tion of the Constitution. One of tlie fun
damental principles of the United States
Constitution, as well as that of California,
was that no citizen shall be deprived of
his liberty or his property without due
law. in the petitioner's case
this principle had not beeu carried out.
The manner of
SELECTING TIIK GtRAND JURY
Which indicted him was an innovation—
• an argument in itself against itself.
Judge Wallace .should have first shown a
right to proceed as he did. When an in
iividual desires to do something which
the law does not provide for on its dee,
ho must show a better reason for
Lng. Before Judge Wallace could pro
is he had there should hav<
some fact warranting him for not follow
ng .nit the strict letter of the law. l rom
whom did lie receive his power? From
ihe people. And the same people also
sleet a Sheriff in whom they vest the
luthority to summon the Grand Jury
after he is provided with the names. Be
fore Judge Wallace could legally appoint
ior to usurp tiie duties of the Sher
iff, it should lirst have been shown that
the Sheriff was not qualified to act- either
by being an Interested party, or by hav
ing been under indictment hints,
Bat, argued Mr. Campbell, tbe law had
even provided a successor to the Sheriff
in case cf his disqualification, it had
provided that when it appeared that the
Sheriff should not act, the CountyCoro
lould summon the jury. It was not
until alter both the Sheriff and Coroner
wore disqualified that an elisor could ie
WERE NOT DISQUALIFIED.
Mr. Campbell defied the opposing side
to find a single adjudicated case in all
their law books wherein the acts of a
Grand Jury which had been summoned
in the manner that Judge Wallace
d, had not been .-et aside. When it
was shown that the proper officers were
not disqualifi. d, it was unlawful for any
one else to summon the jurymen.
In the present case, continued the at
orney, tlie Grand Jury had not been
•(elected by the proper officers, but on
;he contrary by a private individual.
Di<i the court have the right to appoint an
under the circumstances? Was
there any occasion for it? Certainly the
records did not show it. Therewasno
showing that either the Sheriff or Coro
ner, or both, were incapacitated from act
Judge .McFarland—Does it appear from
ord, Mr. Campbell, that the court
below had jxo reasons for the action
Mr. Campbell—lt shows that the action
was of the court's own volition, no rea
son being given whatever.
COMPARED To THB CZAK.
Resuming his argument Mr. Campbell
declared that if the Supreme Court should
sustain Judge Wallace it would make the
Csar of Russia blush with shame and lie
would send to this country for a pat* nt
on the process. The rules* of the San
Francisco Superior Court provided that
the various Judges of the'court should
furnish the names from which the Pre
siding Judge shall draw the Grand
Jurors. Judge Wallace had violated one
of his own rules, to say nothing of the
Mr. Bruner, said the attorney, was
E laced in an awful predicament fey the
igh-handed manner in which Judge
ice ami tho San Francisco < irand
Jury had been carrying on matters. If
he failed to appear before tlie Grand Jury
dd have bee* sent to jail for con
tempt; if he did appear before the Grand
Jury, but refused to testify against him
self a similar fate awaited him: then by
testifying he is indicted for an alleged
crime and because the (.rand Jury does
not see lit to believe some of the testi
mony on which ihey baaed their first In
dictment they put a second indictment—
this time for perjury—against him.
Chief Justice Beatty asked the attorney
if he thought that a writ of prohibition
was tlie proper manner in which to reach
Mr. Campbell replied in tho affirmative,
and then real an F.astern decision in
which it was set forth that prohibition
was preferable in cutting otf illegal pro
cedures, rather than correcting the errors
after they were committed. Mr. Camp
bell concluded his argume.it with an ap
peal to the court to consider well the
scope of the question before deciding.
The liberty of no citizen would 7- -
Bach power as Judge Wallace has taken
upon himself is conferred upon the ju
THK OTHER SIDE.
When Mr. Campbell had concluded,
Judge Rhodes argued the ocher side oi'
the question. He said he wished it un
derstood thai he did nol appear in the
case to prosecute Mr. Bruner. Lie was
only there to uphold the legality ofthe
Judge Khodes contended that the Pre
siding Judge <>f tne Superior Court was
by law given a good deal of discretion.
The law contemplated that this discretion
SACKAMEXTO DAILY RECOKD-rSTOy, TUESDAY, yOYE3rBETI VT n 1891.—SIX PAGES.
H rest in him, because it was neoes
. that some one should hold this bal
ancing power. « n course H was possible
that this |iower could be abused, but it
bad not been looked upon by tbe law
makers as probable. Mr. Rhodes then
read some sections ofthe Codes to offset
those quoted by Mr. Campbell, and
argued that it was not necessary that the
Sheriff and Coroner should be shown to
be incompetent to summon the jurors be
fore an elisor could be called in. The
law was plain that the court could call
up'>n tbe Sheriff or appoint an elisor just,
as was deemed fit.
QUESTION PROM THE NOTCH.
"I am under the impression," inter
rupted Justice McFarland, "that those
sections you bave been reading have ref
erence to the selection of trial jurors.
Do you think that should apply to the
method of selecting (/rand Jurors?"
Mr. Rhodes said he would reach that
point in the coarse of his argument, and
ceded to discuss at length the discre
tionary powers ofa Presiding Judge. Me
I not concluded when the noon recess
When court reconvened in the after
noon Attorney Rhodes resumed his ar
gument. He cited a section of the code,
dratted, by Stephen J. Field, John 11.
Dwindle and Jackson Temple in 1*74, in
which it was provided thai a court
might, in its discretion and under certain
circumstances, authorize even the Bailiff
to summon a jury. The Judge insisted
that the San Francisco court did acquire
: jurisdiction in forming the Grand Jury.
: When a court has jurisdiction of the sub
ject matter, it has jurisdiction to even
mmit error. There mm bo no excess of
I jurisdiction that cannot he remedied on
[appeal. The acts of ack facto Judge or
riff or Grand Jury are just as legal as
if a Judge or Sheriff or (irand
i Jury de jure.
HOW TO do IT.
It appeared, be argued, that a Dumber
food and lawful citizens had been im- ;
paneleiasa Grand Jury, and bad been
recognized as such by .fudge Wallace, it i
was, therefore, a lawful body, in sup
position Attorney Rhodes
read an Eastern decision. In this c ■
tiai law had been passed requiring
: that the Board of Supervisors should ;
t the list from which the Grand Jury
v.. s drawn; subsequently a special law
ssed requiring that the Recorder
should do this work. A man was in- |
ted by a Grand Jury selected bythe
order, and upon conviction appealed.
Tbe special Act was declared unconstitu- I
tional, yel the Grand Jury was consid
er* d a lav, ful body and its acts '.■;• re ap
Justice McFarland interrupted the '
speaker again, to ascertain exactly what '
Mr. Rhodes' position w..s. He wanted
to know it" the attorney contended that
the San Francisco-Grand Jury cannot be |
attacked, no matter how many deviations t
were made from n;e usual custom —that I
is, if the court could go out into the j
street and summon whoeverhepleased.
Mr. Rhodes admitted that this was his .
tention. liis principal point, b >w
ever, was that tho a< tion of such a Grand
Jury could not be attack* d by means of a
. of pr hibitioh; the matter could
only be brought up on appeal after a con- j
. tion had been had on one of the in- ■
. c\ .-.]■: SUBMITTED.
Attorney Campbell replied briefly, de
voting himself principally to reiterating
his strongest point—namely, thai there
were no grounds for appointing an elisor.
He added that the appointment of elis s
9 becoming epidi micat the-me; ropolis.
Judge Wallace was not content with ap
inting-an elisor to select«irand .1 urors,
ont he had again leaped over the Shi riff
an i Coroner and appointed an elisor to
select trial jurors to pass upon the indict
in. vis found by bis < Irand •> ury.
Ie the case wus submitted Lawyer
rrett McEnerny of San Francisco ad
dressed tbe court, lie appeared for Sen
ator W. 11. Williams, another one of the
Grand Jury's victims, and wanted to -u\>\
lan objection to those put in by Brunt r's
attorney. He spoke very briefly and to ;
the point. Hi- objection wa • that the i
manner of selecting the jury was uncon
ttional, inasmuch as it was established
by a special Act of the Legislature, and
therefore conflicted with the section of j
the Constitution which prohibits special ■
n Mr. McEnerny concluded, the i
case was. submitted and taken uiuler ad- ;
visement by the court.
Cases Disposed of Yesterday by Judge
In Judge Cravens' tribunal yesterday
morning, there was a good sized Monday
calendar. Pat McGinnis pleaded guilty
to a charge of drunkenness, and was
ordered to pay a t'me of |10.
The cases of Mary Drown and Mrs.
Adams, charged with battery, were con
tinued until November ;7th.
Henry Meyers was ordered, to jail for
thirty days for petit larceny.
i ieorge Chasen was tinea s"> for drunk
The cases of William Ellsworth, Emil
Rein rich and Dan 'iVino, charged wiih
keeping their saloons open after mid
night, were continued until the 20th inst.
U. S. DISTRICT JUDGE.
Prematpro Rumorof Judge \ an Fleet's
Appointment as Shoh.
There was a rumor about the city yes
terday thai Judge Van Fleet had been
appointed to Bncced Judge Morrow »s
United states District Judge, and that the
latter had been promoted to the Circuit
It appe irs that Judge Morrow has been
assigned |o the Circuit b ;nch for the pre -
ent, where he will probably remain, if
anybody should be appointed to the Dis
trict Judgeship pending the meeting of
Congress it will probably be Judge Van
The fallowing article-; of incorporation
wero filed in tho Secretary of State's
Berkeley Savings Bank of Berkeley.
Capital st.wk, 950,000. Directors—C. r'..
Merriam, F. K. Shattuck, W. 17 Sell, J-
K. Stewart, C. K. Clark, Thomas Harm
and J. li. Little.
tk of Berkeley. Capital stock, $75,-
Same directors as preceding article.
United investment Company of San
Diego. Capital stock, $1,000,000. D
ora—Hosmer P. McKoon, A. J. Wight
man, George Fuller, W. H. Kitto and ii.
F. Norer s-.
The Farmers' Protective Union of
Bradley. Capital stock. f£o,ooo. Di
rectors— J. A. llackett. J. T. Donaldson,
Thomas Bowden, David Manning, Fred.
Cochran. John W. Jones, Hugh C.
Donaugh and Joshne F. Betto.
Street Fires Ordinance.
The Trustees yesterday passed an ordi
nance providing that rubbish may be
burned up to 12 o'clock noon, but after
that hour tires must be extinguished.
This is doubtless the '.est that eau be
done, and it will give abundant oppor
tunity to dispose ot' accumulations of
loaves aud other rubbish. The police
should now see that the ordinance is
Letter Carriers" Hull.
On the evening ofthe 10th of December
the .Sacramento branch of the National
Letter Carriers 1 Association will give its
first annual ball at Turner Hall. The
members intend to make it one of the
most enjoyable balls of the season.
BUBSTTI'UTIOJfS of well-known adver
tised articles seem to be the order of the
day. We deem it ouly justice to our
patrons to warn our readers against this
form of piracy- When you want an
article, ask your merchant or druggist
for it and don't accept a substitute.
Berlin Cough Cure.
For couehs and colds and all lung and
throat auctions this article lias superior
merit. It Is perfectly harmless, -rives imme.
Hate relief, and cures the wnw cases in from
tiro to three days. Indorsed by our best pbj-
Trya bottie and you will always
k< y.it. Price, f>o cents a bottle. The W. tl.
iy.ii_-. >au Francisco, sole propri
etor!. Kirk. Oeary A Co., sole agents. Try C,
C. Liniment for aches aud pains.
IT WAS NOT A GIFT.
Colonel Stevenson's Claim Against the
State Was a Valid One,
At Least So Far ns the Court Knows—
The Act Allowing it Was Xot,
An important opinion of the Supreme
Court was filed yesterday in Deputy
Clerk Govan's office in this city, in the
case of Colonel J. 1). Stevenson vs. Con
troller Colgan (appellant). The decision
Avill be of universal interest, inasmuch
as it is tiie first case of the kind that has
ever been passed upon by the Supreme
Court, it involves the question of "gifts
by the Legislature," which has been agi
: tating the mind* of people throughout
the State. The but Legislature passdd an
Act which reads as follows:
Section l. Tbe aaux of one bundieJ and
twenty-five Collars pr month, paya
monthly, forth* period of twenty one mon
i- hereby appropr ated outo bi
.■'.ity Dot otherwise a to r.
al , for the iel .t ..(' ('olonel Jon vim
S evenson; provided, however, thai said
pr< prla lon shall
• ..-<».. If be Rha.l die ■•:«.' ■. ', ; i loU ba< '■
I tliis-,Aci io beacccp ed by tlu* si i-voi'Oi
in full ],:.... no-':il il
every l; nd and v.
n to bave c.s
. or oth i ■'. i-e.
pay BENT Ki'l •'!-'. .
Controller Colg - tl to dra
i warrants, and in bis answer to the com
plaint he says i bal n never .
nor has "an.-, claimof any kind oi , i ur
, whatsoevi r against tbe State of Calh rnia
for servi - rendered oor for any othi r
thing done, nt r for anytifii j of vj I
furnisl c i to the State," and that the i
:•:■■ pi iati >□ made by _....■ AH cf tlie I
iHlature was tub nded as a git to
N.viri: : of th
nson in his an wei
ml ma] way toall :;■ ;. ; prior lo I
I admission of California as a Stato be ■
li d money and pcrfoi me i ervices in
j surveying and pre; ar ug chart -
j bay ( f Suisun and the Sacramenio and
San Joaquin Riv I
A demurrer to the answer was sus
tained by the.trial court und jn !gi
« is rendered iv favor of Stevenson.
Controller then appeal . .
th i: D*;
The Supreme Court opinion, which
j was written by Justice Dell ay en, I
quotes Sec ion 31 of Article [V. oi ih .
Constitution in relation to the power of
the Legislature in the matter of
iipproj nations, and the court t ion
on to say:
"By tb se pro^ isi i a of the< tonstitu- \
I tion there is denied to tbe Tyegislatu.ro 1
it to make direct . j.; roj riatroi •
ividuals troln gem ral eonsidi
ofcharity, or grati ude, or be ause of
; some supposed inor ; obligji n n sti
pie of the State, and such as
a just and generous man, nltbongfa under
no legal liability so to do, might be -«•■ ill
ing to recognize in his dealings ■
others less fortunate than himself.
was because of i uses which had ere] I
into legislation, by reason of tho un
iimiteapowertheretofon ■ xercisedbj I
Lire in determining what indi
vidual claims should be recognized by
private act, aud to relieve in soon
_' c legisl tors from the importuniti
persons interested in securing sue!,
I propriatious that the
POWKB OF To I. : EOISI.ATURK
Was thus limited by the present I
j union-.l' this State.- In lids .view th
lean be no doubt that if the facts aro as
alleged in the an werofthe defendant,
the Act under co isideration ought never
. to have been passed.
"But these facts do not appear upon
; the Efccc ofthe Act itself, and the qu
is thus presented, whether U is compe-
I tent for the court iv this or any
' form of action to receive evidence
\ aliunde to establish such facts, and thus
lo impeach and overthrow a law which,
upon its face, and independent of proof,
is presumptively valid.
'This case, as thus present 7. is to he
: distinguished irom thos ■ in which ii has
i be,-n held that the court may look into
the journals of the Legislature for the
purpose of determining whether a st.it
utc was in fact passed by the requisite
votes required by the Constitution. Iv
such cases the question is, whether the
j law was in fact < nacted, and not whether
the Legislature, in passing the 8 tat vie,
■■ properly discharged its duty by the pre
j 17ciliary ascertainment of facts which
i alone would justify such legislative ac
tion. In our opinion, the question Avhich
we huv stated, as the one for decision
here, must be answered in Che negative.
THE POWERS 0.1 (
•'While the conns have undoubted
power to declare v statute invalid when
it appears to them in the courseof judicial
action to be iv conflict with the C< ng|
tion, yet they can only do so when tho
questlou arises as a pure question ef law,
unmixed with matters of fact, the exist
ence of Which mnst lie determined upon
a trial, and as a result of. it may be. ,'■
dieting evidence. When the right to
act a law depends upon the ex is
facts, it is the duty of the Legislature,
irepassing the bill, and ofthe Gov
ernor before approving it, to become
satisfied in some appro] riate way that
facts exist, and no authority is
nferred upon 'he courts to hear evi
dence and determine, as a question of
'. whether these co-ordinate depart
ments of lhe State Government have
!> operly discharged such duty.
"The authority and duty "to ascertain
the facts which ought to control legisla
i tive action are, from the necessity of the
case, devolved by the Constitution upon
those to whom it has given the power to
: slate, add their decision that tho facts
exist is conclusive upon tbe courts in the
absence of an explicit provision in the
< onstitution giving tlie judiciary the
right tq re> low such action.
M \lTi;r.s to BE CONSIDSBSD.
"We therefore»hold that, in passing
upon the constitutionality of a statute,
tie- court must confine itself to ;i consid
eration of those matters Which api
upon the faco of the law, and those fa ;<
ot which it can take judicial notice. It
the law, when thus considered, i- not
'upon its bee unconstitutional the court
j will notg(s behind it, and by a resort to
i evidenoo undertake to ascertain whether
the Legislature iv i.s enactment observed
the restrictions which the Constitution
imposed upon it as a duty, and to the per
formance which ;t> memt en wore
j bound by their oaths of office."
The Supreme Court Meet cites "Coolov
I on Constitutional Limitations," and sev-
I oral cases before Eastern courts, and
tea that this view seems to be sustained
Ly the decisions ofthe highest courts of
other States, and is in harmony with the
centra! idea of the Constitution in pre
scribing the independence and equality
of the three great departments of the
THE JCIXiMENT AFFIRMED.
In conclusion, the court says: "As al
ready stated, the Act in question does not
show upon its face the nature of the claim
which the petitioner made against the
State, or that the appropriation there! >v
made is a gift. The statute is unusual in
form, and it may be difficult to assign
any good reason for the singular pro
vision that the State shall discharge by
monthly installments the indebtedness
which the Act admits, and in the event of
petitioner's death before it is fully paid,
shall be released from the payment of any
balance then due: but this does not affect
the question of the power of the Legis
lature to ■-o provide, nor authorize the
court to declare that it was enacted in ab
solute disregard of the Constitution. The
judgment is affirmed."
A Man Named n. L. Millet Expires at
the City Hotel.
Last Thursday a man engaged a room
at the City Hotel, and registered as 11. L.
Sullot. Yesterday morning he called the
clork. and asked for additional bedding,
saying that he was not feeling well. The
extra clothing was supplied.
A short time afterward the clerk re
turned to tbe room and found Sullet on
the floor, where he appeared to have
fallen. He raised the man m>, and had
just placed him on the bed when he ex
The body was taken possession of by
Coroner Clark, who will endeavor to
ascertain who Sullet was and where ho
An autopsy was held on the body un
der the direction of Dr. <7 A. White, as
sisted by Wallace Terry. Three small
punctured wounds were found upon the
forehead, two of which were two and a
half inches above the outer edge of the
right eyebrows, and the third directly
over the center angle ofthe rigid eye.
Slight abrasions were found upon the
I center of the forehead, right, cheek-bone
: and on tho right side of the nose.
DE. White did not believe thai any of
wounds were sufficient to cause
: death, and upon further Investigation
found that death resulted from fatty de
: generation of the heart.
THERE WILL BE A RUSH.
Art Students in the Market Looking
. It would scarcely be thought that the
students in lii study at the Seh<
Design would need to search uurt
models in life to nose and drape and cos
tume for them. But so it is that they
find it necessary to advertise for models,
b sh male and f male..
Cf " •' want variety—old age,
youth and middle _ ge, gr ■ autv,
and knotty, :n irh vn ather
hulks—andjoow and Uien a child, ruddy
and s-r. o; : . o• i
At any rate, here is an opportunity to
earn a lew dimes hones) ly, and th
cular and athlei ie, as %voll as tit. ■.•- i ful
and ■:.!. can make .
and undergo a sizing up to s c if they
will fill the bill and mai.
How tin o<j Themselves
; In (Ity.
>c ;: d, N'oyeuiber I4tb.j
'own ♦ it, on i .te occu ion <>» tho
thirty-third anniversary of the organiiui
tion • I .. •■,'. -.. tj. Tl c
town with visitoVj, and mem
:. -. who reside
of ihe < ounty.
1 on o lery, No. _j, nr
•i •'■"■ evening irain, ace unpaui d
. Auburn, ■■ 'oliiix an I
Truckee delegatioi s, and tho Crm
nd. Titey imi tat the di
Nevada Commandery,and, headed bvtho
band, v ci c eacoi ted up tow n, w h
comi lodations had been provided for
The evening was spont at Masonic '
wher h ork was bold, am
onferred, niter which tho
matched to tbe ( >< la\ Fellows'
nd sat down to a sumptu
ous haiKju \. i.!••__. ! .
A. Tarn. With music and champagne,
and sin eche .
away, the atlhir lasting until nearly
To-daj some of the visitors returned
home, while others spent the <i.-.v in visit
ing the mines of this disti id ami
.. Knights arc
j of men, ihe Sacramento
tlion comprising th siness
men of the city.
Real Estate Transfers.
Th. following real estate transfers have
been recordeePsince our last rep irt:
. Hotchkiss to W. M. Whitney—
v 15, township 8 north, range 7 oast;
■' to mortgage ol $ .. • .
Samuel Ginsberg to Louis Phillips—
uid west half ol 10l .. 1 nnd I. Tenth
..I. streets, being at} undivided
i ci ; $10,
Sameto Albert Elkus—An undivided
, on i-l liird of above lots;
. Morgan to Georire A. Morgan—
, Cndividi d en»-fifth interest in nor!
quarter of nonthfast quarter of section
j 12, township 7 north, range I •
Fruit-Growers' Convent lon.
The Fruit-growers' Convention will
meet in Marysville to-day. The pro
gramme pro* icies lor a discussion on the
lirst day of "Processing, Selecting and
Gathering Fruit": second day, "Insect
Pests and Tree Diseases"; Third .lav,
.it lo he Produced and
ting"; fourth day, "Protection to
Fruit Industry." The fifth day, Satur
day, will be devoted to excursions into
Yuba, Sutter and Butte Counties. A num
ber of Sacramento fruit-growers wiil be
Improvements at tho shop*.
There will shortly be constructed a
three-story bripk structure al the railroad
works, as an addition to tlie present
building containing the genera] offic s.
'1 be Grsl two stories win he occupied lor
oifiees of H. J, Small, lien Welch nd
Clerk Bonte. The npper story will
lie used as a drafting-room.
Ni w Attorneys.
The SupriMiii> < 'ourt yesterday admitted
to practice a class of applicants composed
of Messrs. Trabuccp, Stanford, Jordan*
Gre< M, Tilden, Jas. L. Gallagher, Wool
wich, Killer, Conner, Roy Gallagher,
I ipson, Darlington, Lewitt, 'Kple,
ne, Arthur H. Ashley, Henderson
and Robert O. Baldwin.
AL!, in want of anything in music remem
ber </'" stock and si lis the
cb ..." t. i Plant s, ii..- beat, are
indestructible. Cooper's, Seventh and J. •
.stmnaw A- Son's, popular Pease and
br 11 Hani Gabler Bros.' pianos; easy install
ments. A.J. Pomiuer, corner Ninth and .I.*
Both tbe method and results when
Syrup of Figs is taken; it is pleasant
and refreshing to the taste, and acts
gently yet promptly on the Kidney?,
Liver and Bowels, cleanses the sys
tem effectually, dispels colds, head
aches and fevers and cures habitual
constipation. Syrup of Figs is the
only remedy of its kind ever pro
duced, pleasing to the taste and ac
ceptable to the stomach, prompt in
its action and truly beneficial in its
effects, prepared only from the most
healthy and agreeable substances, its
many excellent qualities commend it
to all and have made it the most
popular remedy known.
Syrup of Figs is for sale in 50c
and 61 bottles by all leading drug
gists. Any reliable druggist who
may not have it on hand will pro
cure it promptly for any one who
wishes to try it Bo not accept any
CALIFORNIA FIG SYRUP CO.
SAN FRANCISCO, CAL.
IOUISVIUS. KY. mem york. ftft
TOcmnieb &a\ixx for the Qeo 4f,oit*c.
At 9 o'clock we will continue the sale of those
Elegant Bonnet Ribbons!
Nothing like the quality and price has ever been seen in this
Silk Grosgrain Ribbons, satin edge, in all colors,
No. 2 to No. 22, Sy_ to lOc per yard.
No. 12 Black Silk Grograin Ribbon, satin edge,
9c; No. 16, 10c per yard.
I Blankets and Comfortables.!
Onr values are so great in these goods that we had a big
call yesterday and hundreds of pairs were sold.
Gray Blankets, from $1 20 per pair up.
Large Figured Calicoes and Sateen Comfortables,
A special line of Fancy-striped Chudder Cloth,
in handsome designs for wrappers, 15e per yard.
Nottingham lace Curtains.
We call your special attention to this line, as the
prices and qualities are unequaled, 60c, 75c,
$1, $1 45, $1 75 and $2 per pair.
Extra values in Nottingham Curtain Lace, 12>£,
25 and 40c per yard and up.
RED HOUSE. SACRAMENTO.
AHEAD OF ALL, MAGEE RANGES.
Just received the second carload ol those celebrated
MAGEE RANGES, the world's best. This makes the second
carload this month. Our sales on the MAGEE RANGES are
rapidly increasing. Buy a MAGEE and you will use no
other. Prices for a No. 7, $29 and up.
1 have the largest and most complete stock of
FJCLP2.LOP2. HEATING STOVES
On the coast, and at the lowest prices. I also have a larae in
voice of HOT-AIR FURNACES. Parties wishing a Furnace
for their residence will do well to call on me before givinq
their order, for I have the only Furnace auaranteed to heat
five rooms with no more fuel than you would use in an or
dinary Parlor Stove. Be sure andsee them. lam sole agent.
H. K. WALLACETBI3^Ts~J St.. Sacrarrmnt.n
OUR SPECIAL SALE
Will continue a few davs
longer. This isniiopponu
nity which should not be
We have received a new
&n<l elegant line of PICTURE
MOLDINGS in all the new
styles of finish.
You Should See Them.
1016 Second stroet. nl-3m
SCHAW, INGRAM, BATCHER
217 and 219 J Street.
Iron, Steel and Pipe.
Agents for Oliver's Patent
Chilled and Casaday Sulky and
Canton Steel, Hazard Pow
der, Gillingham Portland Ce-
.NOTICE TO WELL BORERS.
QEALED PROPOSALS WILL P.E RE-
O celved by N. M.Orr. Secretary ofthe P
of Directors of the State Asvluai for the in
sane at Stockton, at his office, 209 Channel
street, until 9:30 o'clock a. m.,
Thursday, December 10, 1891,
For boring a well lor j?aa on the grounds ol
.To Insane Aevlum at Stockton.
The specifications for said well and the
terms and conditions upon which blda wiil be
received and a contract lei lor perforating the
said work may be obtained by addressing
VS. M. ORR, s <->e:.irv.S!o;kt..i'..
Stockton, t al.. November 11, 1891, nl3-td
wmm specific mixture.
WITH THIS REMEDY PERSONS CAM
cure themselves without the least ex
posure, change of diet or chance in applica
tion to business. The medicinecmtuins noth
■ ins that is oi the least injurv to thr constitu-
I tion A*k your druggist lor IU Price. *i a
The I Leading I- Photographer,
PostoSucc Building, Fourth and K Sts.
Bf XcavAAvc^ <soav ci-KmcJ^co: £ 00.».wv.
MB ™Cafe^\^ y aOvvuysxo*v,tv\\AA^vv»
CROCKER'S, mm J Street
;__jg"_Open Evenings ThLs •Week.
SHERWOOD HALL NURSERIES^
lIENLO PARK, SAN MATEO COUNTY, CAL
Carnations, Roses. Chrysanthemums
and Cut Flowers.
JB- SWEET PEA -SEED A SPECIALTY.-^*
THE NEWS OF THE WORLD EVERY
day ia the RECORD-LNiuN.
1 faywj Vid\v_\ £anb».
A GAPAI COLON!.
Basy Fruit-Growers in a Prettt
Yolo Valley—Tancred and Ita
JN THE SPIUNG OF LAST YEAB
Robert A. and Neal D. Barker associated
themselves with William McKay, all of Oak
land, with a view of searching out a suitable
*oaation m which to engage in tho profitable
occupation of fruitgrowing. After visiting
n.any localities, they decided on the Capay
Valley, Yolo County, and tho Rhodes tract at
Negotiations were opened with the Capay
alley Land Company, owning trie tract in
Qicstion. WitJi w. IT. Mills, the General
Agent of that company, they arranged for the
purchase of about 220 acres of foothill land
This being more than they had thought of
taking lor their own use, they spoko to a
number of friends about it. with the result
that the tract was divided among the follow
Ing people: B. L. Hickok, 40 acres; W.T.
Parnett, 20 acres; N. T. Greathead, 20 acres!
Mrs. L. Greathead, 20 acres; \V. .McKay. 20
sens; N. I). Barker, 20 acres 8. A. Barker,
20 acres; J. P. Brownlee, 20 acres; E. H. Has-
Iptt, 10 acres; Joseph Barker, 10 acres; A. W.
Kelly io acres, and Frederick Kelly, 10 acres.'
Ho far this had been merely a private ven
tore of the gentlemen above named, but In
talking up the question of dividing the land
already purchased, it was found that so many
more would like to join it than the area ofthe
purchase would admit of, that it was sug
gested on all hands, "Why not get some mors
land and divide it up in the same way?"
Then followed the idea of a stock company to
take hold of a larger tract and arrange for the
cultivation of the whole of it, aft r subdividing
it according to the requirements cf the sub
scribers. A provisional board was formed, a
prospectus Issued, and finally, on the sth of
June, 1890, the Western Co-operative Col
onization and Improvement Company was
duly registered and proceeded to business,
with the foil,-win- officers: President, Will
tern McKay; Vice-President, M. P. Brown;
Directors-H. C. Ellis. Cimrle Brooke and
Et. A. Barker; Secretary and General Manager,
Neal D. Barker; Solicitor, C. E. Snook; Treas
urer. First National Bank of Oakland.
The balance ofthe tract, 373 acres, was pur
chased. A contract wus entered into for tho
purchase ol a larze number of fruit trees,
vines, etc. This early purchase of trees was
the means of saving between #3.000 and
9 4,000 to the company, the prices in some
cases having more than doubled since then.
The ideas which the prospectus set forth
have been but slightly modified and the
progress of the company has heen uninter
rupted. Those who went into it doubtingly
have become enthusiastic, and almost all tho
members arranged to set out all their lands in
fruit trees, etc., the lirst year. Consequently
in this, the first season, some 40,000 trees and
between 20.000 and 30.000 vines will be
The satisfactory working of this scheme has
had the etrcct of attracting considerable at
tention to the work of the Colony Company,
and a number or people are now desirous of
Joining in with them. An additional 200
Seres have been added to tho sixty acres
For the company is predicten a very bright
future, as v.eil as for the beautiful valley in
which ther operations are conducted. How
this marvelous little garden has come to be so
long neglected is a puzzle to every one who
has \isited it, but one thing is very sure, and
that is that this neglect will never again be
felt in the valley.
The fruits set out are mostly ofthe standard
varieties—peaches, apricots, Bartlett pears,
prunes, figs, raisin grapes, etc., while along
both sides of the avenues, throughout tha
tract,walnuts will throw their graceful shade.
A considerable number of citrus trees are also
being set out; quite a sufficient number to
demonstrate that these truits can be success
fully grown In the valley, about which the
colonists appear to have no doubt, provided
proper care is given to the young trees. Neal
I). Barker, General Manager of the company,
resides on the tract, and to his care is to be as
cribed much of the success of the venture.
Mention should be made of the town-site,
about which there is a pleasant innovation
which might with profit be followed by more
ambitious places. A small park of Home three
acres has been laid out right in the center of
the town. Tiiis park it is proposed to beautify
by planting in it from time to time as many
or the beauties and curiosities of tree and
shrub life as may be obtained by diligent
search and a wise expenditure of money? It
is not expected that Tancred will ever bo a
large and busy city, but It is thought that it
can be mado a very pleasant little place to
A petition has been circulated recently and
very largely signed, asking the county to ac
cept Island avenue, on the colony tract, as a
county road, and to build a bridge across
Cache Creek at this point, in order to give the
settlers on the east side of the creek access to
fimcred Station. The Tancred colonists are
quite willing to give the necessary right of
way, and are very desirous of having a bridge
there, as the colony lands extend along both
6ides of the stream. It is thought that It
would be a very wise expenditure ot public
money to grant them this very necessary im
provement, as the operations of such com
panies are of widespread benefit to the whole
county and State. The attractions and com
forts of the cities are well known, but to those
who are willing to settle on the land and show
that the country also affords attractions and
comforts and ways of making money pleas
antly, every inducement should be held forth.
The following is a list of the principal mem
bers or the Tancred Colony, with the number
or acres owned by each, and a fact worthy ol
mention Is that in each contract or deed is
sued by the Colony Company there is a pro*
vision that no intoxicating liquor shall ever
be manufactured or sold on the land. The ap
parent success oithe enterprise shows that
the ideas and plans of the colony, as set forth
in the prospectus some time ago, are not im
practicable: C. T. Hull, Berkeley, 5 acres; W,
P. Hammon. Oakland, 14 acre-; C. B. Kassou,
San Francisco, 11 acres; Jos. Barker, IO acres;
A. W. Kelly. Kincardine, Ont.. 6 acres; N. T.
Greathead, 5 acres; R. G. Greathead. Oakland
10 acres; R. A. Barker, San Francisco, XO
acres; N. D. Barker, Tancred, 10 acres; Dr. K.
Favor, San Francißco, :>7 acres; J. P. Brownlee.
Kincardine, Ont., 9 acres: V,'. T. Burnett,
Berkeley, 5 seres; M. P. Brown, 10 acres;
Chas. Brook, Sr., Oakland. IO acres; W. G.
Boutelle, Berkeley, 20 acres: 11 rs. T. A.Crelin,
Oakland, 5 acres; C. H. Peach, Tancred, 5
acres; 11. C. Ellis. Oakland, 10 acres; J. Van
stone, Winnipeg, 10 acres; F. A. Vauston«%
Tancred, 5 acres; E. Wads worth, Sacramento,
5 acres; M. A. Thomas, Oakland, o seres]
James Graham, San Francisco, 11 acres; A.
stark, 12 acres; J. Stark, 10 acres; Mrs. It,
Vrooman, 5 acres; C. E. Snook, 10 acres; <J«
T. Greathead, 12 acres; Wm. McKay, 6 acresj
Mrs. Wm. McKay, Oakland, 5 acres; Mrs. :■%
C. Wooley, Brooklyn, N. Y., 10 acres; I
Beckley, Oakland, 5 acres; T. A. Marriett, 3
acres; J. C. Harrison, Tancred, 5 acres. Th*
land reserved by the Colony Company, im\
dintfclu townsite, consists of 61 acres.