The record-union. [volume], January 22, 1891, Page 4, Image 4

About The record-union. [volume] (Sacramento, Calif.) 1891-1903

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4
SUPREME COURT DECISIONS.
[Filed January 4, 1891.]
Appeal from Snperlor Court, Contra Costa
County—Joseph P. Jones, Judge.
For appellant. W. S. Tinning.
For respondent, Chase, chase & Miller.
IN BANK.
W. A. Xi ns wood, Respondent, 1
vs. INo. 13,894.
A. J. Soto. Appellant. )
The respondent was elected Superintendent
of Bonoou for Contra Costa County at the
? general election held in 1880. His term was
our years, commencing 0:1 the final Monday
oi rannary following. In due time he quali
fied and entered upon the discharge of his
duties, and has ever since continued to hold
the office.
At the time of his election, Contra Costa
was a county ofthe seventeenth class, and the
Couuty Government Act contained the fol
lowing provision in regard to his salary:
"Sea&raa 179. Ii- counties of the seven-'
teenth class, tbe county officers shall receive
bs compensation for the services required of
them by law, or by virtue of their oiiice, the
following salaries, to wit: * * *
"11. The Superintendent of Schools,
*>TLBOO pas* annum." iStats. ISS.">, p. 170.)
In March, 1 889, Section 15520f thel'oliticul
Code was amended so as to read as follows:
"See. 1552. Kaeh County Superintendent
shall receive his actual and necessary travel
ing expanses, said expenses to be allowed by
the Board of Supervisors, and to he paid out
of the county general fund; provided, thai
this amount shall not exceed ten dollars per
district i>er annum. He shall aitao be allowed
postage and expieasage, payable out of the
county school fund, two dollars for each
school district; provided, that ill incorporated
cities each school containing three hundred
pupils shall be considered equal to one school
district."
After tins amended section took effect the
respondent incurred. In the performance of
bis official duties as school Buperintendent in
visiting schools in Ids county, actual and ne
cessary traveling expenses to the amount of
ST 0 75. For mis amouut he presented a
claim to the Board of Supervisors, properly
itemized and verified, for allowance. The
claim was examined and allowed bythe board
and a warrant was ordered drawn on the
County Treasurer therefor. The appellant
was ( ounty Auditor at the time, and as such
refused to draw the warrant ordered, and
thereupon this proceeding was commenced to
compel him to do so.
After a hearing the court below granted the
prayer of the petition and ordered a
peremptory writ of mandate to issue,
commanding the appellant to forthwith
draw his warrant in favor of the
petitioner upon the County Treasurer for the
amount allowed and ordered paid by the
Board of Supervisors. From that order or
judgment this appeal is prosecuted.
The only contention ol appellant is that Sec
tion 1,052, copra, is Inapplicable and unconsti
tutional, so Car as the r< SpOßdent is concerned,
it having been passed after he was elected to
ofliee, because, in authorizing the payment of
his necessary traveling expenses, it in effect in
creases the compensation or salary allowed
him at tlie time ol his election.
The clause ofthe Constitution retted upon
reads as follows: "The compensation Of any
county, city, town or municipal officer shall
not be increased after his election or during
his term Of office." (Art. XL. Sec. 9.)
The words "compensation*' and "salary"
"Were evidently used synonymously in the
Constitution and in the County Government
Act. Thus in Art. V., Sec. 19. of the Constitu
tion it la provided: "The Governor, Lieuten
ant-Governor, Secretary of state, Controller,
Treasurer, Attorn, y-i iencrai and Siir-.cyor-
General shall, at stated times during their
c< ntlnnance In office, receive tor their se^ Ices
a compensation which shall not be Increased
or diminished during the term for which they
shall have been elected," etc. In Article IX,
Section 2, it is provided: "A Superintendent
ot Public instruction shall, at each guber
natorial election after the adoption of this
Const itulie-n,be elected by the qualilicd electors
of the stale. He shall receive a salary equal
to thai ot the Secretary of State." etc. "And In
Article VI.. Section 17, this language is used:
"The Justices ofthe Supreme Court and Judges
of the Superior Court shall severally, at
Stated times during their continuance In
office, receive for their services acompensatJon
which shall not be increased or diminished
after their election, nor during the term for
which they shall havo been elected. The .sal
aries of the Justices of the Supreme Court.
shall be paid by the State. One-half Of the sal
ary Of each Superior Court Judge shall be
paid by the state; the other half thereof shall
1 c 1 aid oy the county for which he is elected.
During the term of the first Judges elected un
der this Constitution, the annual salaries of
the Justices ofthe supreme Court snail be six
thousand dollars each." In the County <iov
ernment Act the same language is used at the
commencement of each BCctlOß, which fixes
the compensation Of couniy officers. It is:
"Tiie county officers shall receive as compensa
tion for the services required of them by law,
or by virtue of their office, the following sala
ries."
since the adoption of the; present Constitu
tion many Acts have tx-eii pnnnod by the
Legislature, after the commencement of "terms
of office, providing for the payment of neces
sary expenses incident to the offices. Among
them tiie following may be noted:
The Just ices of ihe Supreme Court and "the
Judges of the Superior Court, who were first
elected under the Constitution, entered unon
the discharge of their duties as such on'the
first Monday of January, 1880. In April fol
lowing, an Act was passed to amend Part I. of
the Code of civil Procedure and substituting a
new Part 1., to take the place thereof. (See
Am. to Codes. 1 sso. p. gj.j By Section 47 of
this Act it was provided that the Supreme
Court shall hold regular sessions at the Capital
Of the State, at the city nnd county ol San
Francisco and at the city of Los Angeles; and
thai "The Justices and officers ot" the Supreme
Court shall be allowed their actual traveling
expenses In going to and from their respective
places ot residence upon the business ofthe
court, or to attend its session." By Section
" 1 it is provided that a Judge of any Super
ior Court may hold the Superior Court
in any county, at the request of the Judge
of thai county, "and. -upon tbe request
ofthi Governor, it shall be his duty to do bo."
And by Section 100 it is provided that "A
Judge so holding a court, at the request of the
Governor, shall be-allowed his actual expenses
in going to. returning front and attending
ui«ou the business of such court, which shall
tie a charge against the treasury of the count v
where such court is lield aud paid out of the
general fund thereof."
iiie constitutionality of these provisions
has in ver been questioned, so Car as we are ad
vised. In any court or elsewhere, and vet, if
the theory ofthe appellant be true, they would
seem to have Been subject to the same ob
jections raised here, during the terms ofthe
Justices and Judges wlio were in office at the
time Ihe Act was passed.
The question now presented for decision
does not appear to have been ever passed
upon by the supreme Court of tin's State, but
a similar question was before the Supreme
Court of Illinois in Briscoe vs. Clark County
(96 111. 009).
The Constitution of that State provid
ed that the County Board should fix
the compensation or all county officers,
With the amount of their necessary-expenses,
"provided that the compensation of no officer
shall be increased or diminished during his
f. nu ol office." Tiie Supreme Court held that
it was the salary of the county officer—the
compensation for the personal discharge of
official duty—which the board was forhiuden
to change. The compensation or salary was
to be lixed in advance, but the expenses were
; _ .
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SACKAMifaJSTO DAILY KECOreP-tTOTOy, :THITRSI>AIr, JANUARY 22, 1891.—SIX PAGES.
to lie determined by the necessity which the
business of the office should develop, and
basing so. the allowance- for expenses could
be Increased.
I:i (Hir opinion, it was the compensation for
services to be rendered, and not the incidental
expenses ofthe office, that the Legislature was
forbidden by Section y of Article XI. of the
Constitution to raise.
We therefore advise that the judgment ap
1. aled from he affirmed.
We concur: Belcher, C. C.
Foots, C.
Gifwox, C.
THE COURT.
For the reasons given In the foregoing opin
ion, the jodginentappealed trom is affirmed.
Filed. Jr.nnary 12,1891.
Appeal from Buperior Co-art, Santa Barbara
County—R. M. Diflard, Judge.
For appellant, Putnam i-c Nichols.
For respondent, 15. F. Thomas, W. P.
Butcher.
DEPARTMENT ONE.
Petti x<; k k. i tespondeiit,')
vs. VNo. 10,735.
Fast, Appellant. \
Action to recover the sum of 81,950. al
leged tobe due plaint ill". Bar the balance of the
purchase price of load conveyed by plaintiff
to defendant. The court below gave plaintiff
judgment for that sum, and also denied
defendant's motion (bra new trial, and the
defendant appeals from such judgment and
order.
The facts an found show, that on November
17, 18SG, plaintiff executed to appellant a
deed of his t'ai-m. the appellant (agreeing In
writing to pay therefor the sum of $4,000,
and to give one-half of all, in excess of that
BtLrn, which -ihe farm can bu Bold for Within
i wo year-." such additional sum "to be also a
part of the purchase price, when so sold (bra
larger sum." It Is also found that on Sop.
temhi-r 1, 1887, "appellant entered into an
agreement in writing with one Kd. Culbert,
whereby he sold to said Culbert the said par
cels of land for the sum of $8,000."
The principal question to be determined on
this appeal is whether the Undine of the court
in relation to The sale of the land is justified hy
tlie evidence. It was shown upon the trial thai
on September l, 1.--S7. the appellant and one
Culbert entered Into an agreement in writing
by .which the appellant "promises and agree!
to (Kill and convey unto the party of ihe second
pari it'ulbert) anil to make and execute and
deliver lo him a died" of the land purchased
by appellant from the plaintiff in this action.
tlie said Cul bert "io have and to bold all and
singular said premises, together with all the
tenements, heredltatnenta and appurtenances
thereunto belonging * * * except that por
tion of the timber thereon,hereinafter men
tioned and reserved unto the party of flu- first
part." The agreement farther recited that the
appellant was to have all the timber on said
land, "except that on the southern line on the
mesa, adjoining the Rlncon Rancho, and on
the east end of said mesa."
Itls clear that under appellant's agreement
with respondent an actual state of the farm
Within the time limited was not indispensabiy
lii eessary in order to establish as a fact, the
price for Which It could have been sold, and
thus fix the liability of appellant thereunder.
The appellant would not have been at liberty
to reject any bona flile offer of purchase for a
sum exceeding §5,000 without the consent of
the respondent. But the complaint .alleges an
actual sale to Culbert for the sum Of $8,000,
and the Court so finds, and it is therefore
necessary to consider whether such fact was
established upon the trial.
The appellant insists that there was no sale
to Culbert at all, but only an agreement to sell.
But WC arc Of opinion that such contention
cannot be sustained. In the ease of Baton vs.
Kiciicri, (S:t Cal. 185), the plaintiff therein
was to wait for any balance that might be due
him until certain mining property was sold
and ah executory con tract for the sate <>f the
mine was made, and the court held that the
plaintiff could recover, saving: "The word
••■lid'does not mccssarily and in all connec
tions mean that a conveyance must be made,
or that the title must pass."
The fact that no money was received by ap
pellant on the contract is immaterial. The
transaction v.as none the less a sale, and by it
the equitable title of the property sold passed
to Culbert. But in one respect the evidence
does not sustain the finding of the court as to
tiiis sale. The written agreement of sale con
tained a reservation of standing timber, and,
we think, notwithstanding some confusion in
the e\ idence, that the real transaction be!wet n
appellant and Culbert was a sale of the farm
for the sum of 80,000, and the appellant re
serving the growing timber thereon as speci
fied In the contract Ol sale. The fact that this
timber may have been estimated by both a]>
pellant and < inlbert as ofthe value of 82,000,
or that appellant's price for the land with tim
ber standing was 88,000. and with a reserva
tion of such timber "HJ.OOO, cannot change the
terms of'the actual sale, as made to appear by
the written contract of sale. By that contract,
as we have said, the farm was sold for the sum
of SO.OOO, the appellant reserving as an In
terest iiierem the standing timber referred to,
and proof 01' such a contract is at variance
with the contract alleged In the complaint aad
found by the court, and the finding that the
farm was Bold for the sum of $8,000 is not
sustained by tlie evidence.
Undoubtedly the respondent's right to re
cover on his contract IS not limited to the sum
agreed to be paid by Culbert, but if he seeks to
recover more it must be upon a complaint
which shows the bets as they really exist. It
is clear that upon the execution of tbecon
tract of sale appellant disabled himself from
thereafter accepting any bona fide oiler for the
form,aad the respondent became entitled to
recover, not only upon Hie basis of the price
agreed to be paid oy Colbert, but in addition
thereto one-half of the market, value of the
standing timber reserved, or. at his option,
one-half of the net sum for wliicli such timber
may have been sold by appellant.
Judgment aud order reversed.
De Have*-, J.
We concur:
Paterson, J.
Cakoutte, J.
[Filed January 17,1891.]
IN BANK.
The People ex kel. Laise,"!
Respondents,^ No. 14,070.
G. G. Tykbell, Appellant. J
On November 17. ISS4, during a recess of
the Legislature, a vacancy existed in the mem
bership of the state Board of Health, and on
that day the appellant, Tyrrell, was appointed
a member of said board, and in the commis
sion Issued to him by the <4overnor it was re
cited that lie was thereby appointed "a mem
ber of the State Board of Health, vice F. W.
Hatch, deceased,/or the term expiring January
IK 188 S. Appellant duly qualified as such
Officer November 111, IKB I,nnd since that date
has continued to discharge the duties of said
office-.
Cpon January 20. 1885, the Legislature be
ing in session, the Governor transmitted to
the Senate a message informing that body of
appellant's said appointment, on November
1 7, 1884, "far the term vf four yean, vice F. \i'.
Hatch, deceased," and the Senate was re
quested to consent thereto. The Senate took
action upon said message, and fhe question,
"will the Senate advise and consent to the ap^
DOintment of G. Q. Tyrrell of Sacramento as a
member of the State Board of Health for the
term of four years, vice F. W. Hatch de
ceased?" was decided in the affirmative. The
Governor did not thereafter issue to appellant
any commission for said office, nor has he
since such action of" the Senate taken any
oath of office as a member of said Board.
On .March is. I ssl), during a recess of the
Legislature, the Governor appointed the re
lator. Lv "me. to the said office of member of
the state Board of Health, and upon that day
he duly qualified as such.
The- judgment of the court below was in
.'a vor Ol the relator, and ousting the appellant
from said office. From this judgment and an
order denying his motion for anew trial the
del. ndant, Tyrrell, appeals.
We think the commission issued by the
Governor to appellant on November 17
1964, must be held to have legal effect!
simply as an appointment toT.ll the vacancy
then existing, until the adjournment of the
next session of the Legislature, as tbe Gov
ernor was not authorized to make an appoint
ment lor any longer lime than during the
recess ofthe Legislature. (Pol. Code, Section
1000..
Upon the issuance of this commission the !
appointment to till such vacancy temporarily
was complete, ami needed no action of the
Senate to confirm, it (People vs. Cbzneau 20
cal. 504). And we think that under this com
mission tlie appellant was vested with the
right to hold said office until tlie appointment
andqauilfieation of a antecessor, in the mode
provided by law. Section 879 of the Political
Code declares: "Every officer must continue
to discbarge the duties of his office, although
his term has expired, until his successor liiis
qualified," and Section 1000 of tiie Political
Code- doe- not create an exception to this
rule. In the case of officers temporarily ai>
pototedby the Governor. Tne language Tot
that section, "but the person so appointed can
only hold tiie office until the adjournment
of tlie next session of the Legislature"
simply means when construed with Section
s7i'. as it must be. that the term of such ap
pointed officer shall expire upon the aniourn
in-nt of the next session of tin- Legislature,
.1 id his successor may take his place; but if
n> successor has been appointed, then the
v ry condition of affairs intended to be pro
vided flwby section 879 has arisen and that
s -ctinn applies.
It la the nettled law of this state that the
m -re expiration of tbe term of tlie incumbent
M an office does not create a vacanev therein
such as the Governor alone ts authorized to
fill by the appoinmeut of a Successor, ipi-ople
vs. Tilton, 37 Cal. 014; People vs. BisselL49
Cal. 407.)
It would follow from this that the appoint
ment of the relator during a recess of the
Legislature was invalid, unless, under Section
"'•.■ as of the Political code, a vacanev was
created by tbe failure of the appellant to take
and file his official oath arter the confirmation
of the Senate. The obligation to take and file
such oath did not arise unless the message of
the Governor announcing the appointment of
appellant during the recess, und the action of
the Senate advising and consenting to the
same, runs, i; uted an appointment of appellant
as his own. successor. But even construing
these acta M the Governor and Senate as a
nomination and confirmation of appellant as
his own successor (and whether tliev can be so
construed we do not determine;, such appoint
ment was not completed, ao commission
havinp- Ixx-n subsequently issued to theap
pellttnl. In the matter of an executive ap
pointment, with the consent ofthe Senate, the
issuance of a commission is not a mere minis
terial act, but isa part of the aci oat appoint
ment. If is this act which completes the ap
pointment, as well as perpetuates the evidence
of it. (People vs. Murray, 70 N. Y. 5260 And
this is also the doctrine of the case of Conger
vs. Gilmer 182 Cul., 7(i).
It follows mat the court below cired in ren
dering judgment for the relator upon the find
ings.
Judgment and order reversed.
DkHaven, J.
v. c concur.
SIIAUI-sl-El^, J.
Hl-ATTY, «'. .1.
Harriso*, J.
Oajnm ."TTS..I. ■
McF.VKL.viti), J.
[Filed January 12,1891.]
IN BANK.
Benson, Respondent, ")
vs. -No. 12,(,G1.
Suotwell, Appellant.)
11V THE COUIIT.
January 10. 1891.
After a careful reconsideration of this case
we are satisfied that, although the tacts have
beam stated too strongly against the respond
ent with respect to the first point discussed
in i lv- leading-opinion heretofore Sled, the de
cision is nevertheless correct and fully sus
tained upon the -round staled ami relied upon
in the oonctnruig opinion of Mr. .hi- Ice
Works. For this reason respondent's petition
for a rehearing is denied.
" 3 _<^ TSa
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S., Is the popular remedy for chil
dren. It Is safe, palatable and does
the work. David Zartman, of In
dependence, 0., says:
"S. 3. S. CURED MY
BABY OF THE WORST
CASE OF CATARRH I
EVER SAW A CHILD
WITH. THE NASAL
DISCHARGE WAS
VERY LARGE AND
OFFENSIVE, S. S. 9-
MADE A PERMA
NENT CURE."
Boolts on Blood and Skin diseases free.
THE SWIFT SPECIFIC CO., ATLANTA, GA-
Ileal ©state, (&U.
HOW TO IKE A DOLLAR
Go a Long Way.
I'nrchnse at farm, l-also all your own
produce, trade it for groceries and
what you need. In a few years, if you
are industrious, you will have ;i valu
able _____ and he independent, while
the clerk will he tn__g_Q*g along in tin.
same easy maimer, harely making a
living for his limiily.
EdwinK. Alsip&Co.,
THE OLDEST AND LEADING
Real Estate Agents
OF CENTRAL CALIFORNIA,
NO. 1015 FOURTH STREET, SACRAMENTO.
Houses Rented, Money to Loan,
Insurance Placed, Cata
loues Issued Monthly.
We offer an opportunity to purchase a
farm for a small payment, and on terms
that you can pay for It out of the earnings.
For S5OO cash—A tract of 37 acres, seven
miles southeast of Sacramento; deferred
payment* in annual installments of tf-JoO,
with seven per cent, interest. Full price or
land, **45 pt-raem No improvements.
For $2,750— Five acres adjoining Oak Park,
ten minutes' walk from terminus of electric
railway; lias a small house and barn, _!i
acrea In alfalfa. 2 acres in fruit trees; will
sell for >SOO cash payment, balance on easy
ternis. This i.s a nic-e place for anyone wish
ing a home near the city.
ti. ■ A wise man profits by experience.
So does the man who selects a good farm
in preference to working for wages.
For S-l.ooo—Eighty acres near Loomis. in Pla
cer county; has several acres in vlnevard;
can all be irrigated. Terms—sl,ooo cash,
balance in ten annual payments, with Inter
est at seven per cent.
For Sl 3,000—A splendid fruit ranch of 80
acrear- 40 acres in choice fruit and table
ttrapes; small dwcllim; and barn; ;l' a miles
from tlie city, on Frail Ridge. The cheapest
ami best fruit farm in the vicinity of Sacra
mento.
A good understanding is the foundation
of knowledge. A wise man is therefore
known by his selection. If you are not
capable of so doing, call on
EDWIN K. ALSIP & CO.
They willfput you on the right "Tract."
THE ELECTRIC RAILWAY
WILL BRING ALL PROPERTY ADJOlN
intrits terminus from 15 to _0 minutes
nearer the business center of our city. I have
2, S and 10-aere Tracts
Of very Rich Lund, located five to ten blocks
distant from this line, wliicli I will sell for
CASH or in INSTALLMENT;-;. The prices
will remain as at present for 30 days. If you
contemplate buying
It Will Pay You to See Me.
M. j. dilLman,
At Bell Conservatory, Tenth and V streets.
«S-At office of Flint & Thompson. 305 J
Street, from 11 to 1 o'clock. Residence, 14'_0
0 street. frlfrtt
W. P. COLEMAN,
Real Estate Salesroom, 325 J st.
l\A C_n(\ WILL BUY IGO ACRES TWO
'iii.t/Ov miles from Elk Grove. Good fruit
and Rrain land. COS
QO 7AA ICO ACRES IN EL DORADO
QH_* i UU. county, two miles from railroad
station; small vineyard and orchard; -rood
house and barn; " 00 acres fenced. 653
QA ACRES. NEAR LINCOLN, PLACER
O\J county, 535 per acre; good land. <i_7
-*y__A 20 ACRES, NEAR NEWCASTLE;
VIUV. good fruit land. _____ IS A BAR
GAIN; must be sold.
MONEY TO LOAN.
P. BOHL. E. A. CROUCH.
MILLS & HAWK,
Real Estate Dealers,
."JOl J street, Cor. Third, Sacramento.
1 Q(\ ACRE RANCH FOR SALE. ONLY
IOU tive miles from Sacramento; all fenced;
oranges growing on the place; all the land till
able; eight-room dwelling, barns, etc.: wind
mills, tanks, etc.; a splendid place, and so
near tho city that it is quite desirable; it is for
Immediate sale; one-half can remain on mort
gage. COME AND SEE US.
Agency Union Insurance Company.
LAWTON, BARNETT & CoT
REAL ESTATE,
Insurance, Loans Tfegotiated, Houses io Rent, Collections.
4Q_ .7 street, Sacramento, Cal.
BIDS FOR
.»•■ ' ■
Bids will be received and opened
WEDNESDAY, February 4, 1801, at 2
P. It, by the Board of Supervisors, for
the following supplies for the County
Hospital for three months, commencing
February 4, 1801:
MEAT, BREAD AXD GROCERIES.
THOS. JENKINS,
ja2o-iot Chirman Hospital Committee
MMER'S "GLYGEROLE ff IB
For Coughs 3-r-i<_i Colds.
A SPEEDY AND RELIABLE CURE.
Fourth and X streets and all Sacramento
druggists. Jal3-0m
_s*-*t-*lo unb l&estauremtsr.
GOLDEN EAGLE HOTEL,
Corner Seventh nnd X streets.
STRICTLY FIRST-CLASS. FREE 'RUS TO
and from the cars.
W. O. BOWERS, Proprietor.
CAPITAL HOTEL,
Corner Seventh aud X streets, Sacramento.
QTRIOTLY FIRNT-CLAB3. FREE 'RUS
j_) found from the Cars. 15. 11. BROWN, lor
merly of the Stato Hoaae Hotel, Proprietor.
,!^te^^i_^^^ If
WESTERN HOTEL,
rpilF, LEADING HOUSE OF SACRA-
L mento, CaL Meals, _5 cent.-?. V.'.M. LAND,
Proprietor. Free 'Biw to and from hotel.
INTERNATIONAL HOTEL
IjIOUKTH ANI) X STREETS, THK i"'HE \F
-1 est and best hotel In the city. Mettle, 23
cents; Rooms, 23 and 50 cents; Hoard, is I per
week; Hoard ami Lodging, SJJQ per month.
n_C-tf W. A. CASW_KU^ Proprietor.
THE SADDLE ROCK
Restaurant and Oyster House.
ITU RFT-C LASS HOUSE IN EVERY RE- !
JD spect. Ladies'uininij-i-ooni separate. Open
day unci night. BUCKMANN &. CAKKI
GHER, Proprietors. No. 1019 Second street,
between J and X, .Sacramento.
F»ACIEIC~ HOTEL,
Corner X aud _____ sts., Sacramento.
pENTRALLY LOCATED, AND CONVE
\j nient to nil places of amusement. The best
family Hotel in the city. The tabic always
supplied with the best the market affords.
Street Cars from the depot pass the door every
five minutes. .Meals. _5 cents.
C. F. SINGLETON, Proprietor.
ST. DAVID'S,
715 Howard Street, near Third, San Francisco,
4 FIRST-CLASS LODGING HOTEL, CON-
J_\_ taining _00 rooms; water and gas in
cueh room; no better beds in the world; no
(.-nest allowed to use the linen once used by an
other; a large reading room; hot and cold
water baths free. Price of Rooms—Per night,
50 and 75 cents; jxt week, from S2 upwards.
Open all night. R. HUGHES, Proprietor.
*t£--At .Market-street Ferry take Omnibus
Line of street cars for Third and Howard. TTS
j COMPOUND [
gSulphur Powder! 1 1
THE
Most Perfect Laxative and Cathartic
KNOWN!
Will Give Instant Relief and Effect Perma
nent Cures in Cases of
HABITUAL CONSTIPATION,
INDIGESTION,
PILES,
BILIOUSNESS,
DISEASED LIVER,
SCIATICA,
RHEUMATISM,
GRAVEL, ETC,, ETC.
Tlie Greatest Blood Purifier
OK THE AGE.
Pleasantest to tho Tasto! Wonderful in
Its Results!
PUT UP ONLY BY THE
W. H. BONE CO.,
12 Bush street, San Francisco.
KIRK, GEARY _. CO., Sole Agents. Rtc.a
mento. jalG-tf
TRUSTEES* SALE OF REAL ESTATE.
VirHEREAS, OLIVER E. HOTCHKISS
VV made & certain deed of trust to W. P.
Coleman and F. R. Dray, elated December 12,
lSh9,and recorded on the 13 th da vol' De
cember, 1889, in Rook Number 131 of Trust
Deeds, at page 305 and following, records of
the County of Sacramento, Stat" of California.
the said trust deed conveying tlie ival prop
erty hereinafter described, lor" the purpose of
secLiring the payment of a certain promissory
note of even date therewith, made by Oliver
E. Hotchkiss; and whereas default has been
made in the payment of the principal nnd in
terest of said note, now. therefore, by the au
thority vested in them by said trust deed, and
upon application of the owner and holder of
said note, the undersigned, as such Trustees
will, on MONDAY, the 9th day of February.
1891, between the hours of lo and 11 o'clock
A. __, in front of the Court-house door, in tlie
City of Sacramento, County of Sacramento,
State of California, sell at public auction to
the highest bidder for cash, in United States
gold coin, all the said real property, situate in
the County of Sacramento, state of California,
and described as follows, to wit: Aliof sections
twenty-two (23) and twenty-seven (:J7) in
Township Eight fS). north of Range Seven (7i
east. Mount Diablo base and meridian, lying
north of that part of the Omoehumnes or
Sheldon Grant, known as Upper Daylor
Estate, excepting 1 herefrom the west
hulf of the northwest quarter of said
section twenty-two (22). and contain
ing five hundred and forty-three Js4.'!i
acres, more or less; also, all water rights and
water ditches and privileges now or hereafter
in any way appertaining to, or used, or con
nected with said lands, together with all the
improvements and appurtenances belonging
to said land.
Sacramento, January 14,1891.
F. R. DRAY, Trustee.
Jals-TTS3w W. P. COLEMAN, Trustee^
SHERWOOD HALL NURSERIES
Timothy Hop_ins,
MENLO PARK, SAN MATEO COUNTY, CAL
Carnations, Itoses, Chrysanthemums
and Cnt Flowers.
43- SWEET PEA SEED A SPECI ALTYVS3.
' SPECIALTY FOR THIS WEEK:
Quaker Drops!
SIO X STREET.
jao-tf
ganktna $o*l*o*.
NATIONAL BANK OF I). 0. MILLS _ CO,
Sacramento, CaL—Founded, 1850.
Saturday Hours 10 A. 8. to 11\ v.
Directors and Shareholders:
D. O. MILLS l,r>;-s Shares
EDGAR MILLS, President LSI}-" Sluues
S. PRENTISS SM ITH, Vicc-Pres. 250 Shares
FRANK MILLER, Cashier 301 Shares
C. F. DILLMAN. Asst. Cashier... 125 Shares
Other persons own 1,1 SiS Shares
Capital and Sui-plns, 9600,000.
«*- Chrome Steel Safe Deposit Vault and
Time Lock.
FARMERS" AND MECHANICS' SAYINGS BANK
Southwest Corner Fourth and J streets,
Sacramento, Cal.
Guaranteed Capital 5f.100.000
LOANS MADE ON REAL ESTATE. IX
terest paid semi-annually on Term and
Ordinary Deposits.
B. U. STEINMAN President
EDWINK. ALSIP Vice-President
D. D. WHITBECK Cashier
C. H. CUMMINGS Secretary
.1 AMES M. STEVENSON Surveyor
DIRECTORS:
B. U. BT__K___W, Euvix K. Ai_;rr,
C. H. Cummixos, W. E. _______
Sor.. Runyon, Jamks McN______
_J.as. Stevenson.
CALIFORNLiSI'ATE BANIT
And Safe Deposit Vaults,
SACRAMENTO, CAL.
Draws Drafts on Principal Cities of the World.
Saturday Hours, 10 A. M. to i P. AI.
oi-l'rcEr_s: »
President N. D. RIDEOUT
Vice-President FBED'K COX
Ca_hit*_ A. ABBOTT
Aa.sistant Casliier W. E. GEEBEB
EIK_CTOK.S:
C. W. Cr.AiiKK, .Io«. Stiffens,
Gko. C. Peukixs. FhkdTk Cox,
N. I). Ridkout, j. R. V/atsox,
_^V. I-:. Oebukii.
PEOPLE'S SAVINGS BANK^
Sacranaonto City California
pAPITAL STOCK PAID UP, SSSS.SOO*
\__J Reserve aud Surplus, So-1.V5." •id. Term
and Oi-dli-ary Deposits received. Dividends
paid sentl-anntially. Sfoney loaned on Beat
Bstate only. WM. BECKMAN, President.
Gt'.o. W. Lior.EX z, Casi dor.
_A<i_____m bank:
milE OLDEST SAVINGS BANK IN THE
JL city, corner of Fifth and J streets, Sacra
mento. Guaranteed capital, $500,OOO; paid
np capital, yoWl OO in, $800,000: loans on real
estate In California, July 1,1890,aJ5,595,4'12;
tenia and ordinary deposits, July 1. I^tlO.
82,_0_,894. Term ana ordinary dcpoßlts re
ceived. DivicU-iuls paid In January and Ji-.lv.
Money loaned upon real estate only. Tho
limic doc;- exclusively a savings bank l.usi
ness. Information furnished upon applica
tion to W. P. COLKMAN, President.
_iX}^. it. Hamii.ti'ix, Cashier.
(lldß^mWiW NATIONAL B__^
32S Pine street, Sau Francisco.
taid-up cahtal, ji ,000,000. surplus, $250,000.
DIBECTOES:
CHARLES CROCKEII E. H. MILLER. JR.
R. C. WOOLWORTH President
W.E. BROWN Vice-President
W. 11. CROCKER Cashier
§tCCtrO, 3.TVo_iUCl'*, (Btc.
CULTIVATED WHITE WILD OATS
And ALFALFA SEED in lots to suit.
W. H. WOOD & CO.,
WHOLESALE PRODUCE,
Nos. 117 to 125 J Street. Sacramento.
S. GERSON _&T~CO7
—WHOLESALE—
Fruit, Produce and Commission Mereknts,
SACRA^IENTO, CAL.
P. O. Box 170.
CURTIS BROS. & CO~
GESEEAL COMMISSION MERCHANTS,
Wholesale Dealers in Fruit and Produce,
SOS, 310, 313 X St., Sacramento.
Telephone 37. Postoffice Box 335.
W. R~ STRONGC6.7
Wholesale Fruit and Produce Dealers,
SACILAMENTO. CAL. L
.EUGENE J. GKEGOKY. FK.VXK GREGORY.
GREGORY BROS. CO.,
SUCCESSORS TO GREGORY, BARNES &
CO., Nos. I_(> and l:.»s J st.. Sacramento,
wholesale dealers in Produce and Fruit. Full
stocks ot" Potatoes, Vegetables, Green and
Dried Fruits, Beans, Alfalfa. Butter, Ejrs-s,
Cheese, Poultry. Etc., always on hand. Orders
filled at LOWkST RATES.
THE PARKER
HMLIRLESS SHOTGUN
A T THE ANNUAL TOT*RNAMFNT OF
jc\_ ISS'.i. held at Cannes, France, tlie i-rar.d
prize, consist! ug of:.'.ooo francsand a valua
ble amp, was won will: ihe Parker Hammer
lr--s. The tirst Parker Hammerless gun made
won the championsliip of America at Decatur,
111. Send for Illustrated circular.
PARKER BROS., Makers,
MERIDEN, CT.
New York Salesroom, 07 Chambers St.
"NO HUMBUG," S CENTS
"Spanish Blossom." IO Cents.
THE BEST 5 AND 10-CENT CIGAR EVER
PLACED ON THE MARKET.
A. HERTZEL,,
Dealer in Cigars nnd Tobacco, No. 82GK street
HENRY ECKHARDT, GUNSMiTII,
MANUFACTURER AND DEALER IN
< Jung, Rifles. Re-vol vers. Ammunition and
Sporting Goods. All the leading makes of
Guns and Rifles ut popular prices—Parker,
Lefever. Colts, Smith. Ithaca, new Batter and
new make Guns. First-class (jun and Rifle
Work. Send for price-list of Guns. No. £23
K_Street, Sacramento. Cal.
CAUTION AGAINST FRAUD.
IN THE MATTER OF THE ESTATE OF
Thomas Harridan, di.ceased, r.ow jK-ndiii"
in the Probate Court, no final arcouut v.is ever
been made nor no final settlement as vet
MARGRET HARRIGAN, cs-xutrix and'ad
minlstratri_. Jaa-lta
gn*ixt߻9 (Lav^c.
ARCHITECTS.
ND. GOODELL AND F. H. SCITABDIN
. have associated themselves togelhur a-.
Architects and Builders, Office. Pioneer Hall,
Seventh street, betwec.i J: nd X, Sacramento,
Cal. Consultation and »•**..uates made free ot
charge.
~MRS7__AKION STIRLING. 3f. D..
LATE. LADY PRINCIPAL OF DUFEEBTN
Medical College for Women,and Superin
tendent of Women's Hospitals ami Dispen
saries in Northern British India. Diseases ot
women and children a specialty. OFFICE—
Room 7, Odd Fellows' Temple
H. F. KOOT. ALEX. KKIISOST. J. DRISCOL.
ROOT. NEILSON & CO..
TTNION FOUNDRY— [RON AND BRASS
l_; Founders and Machinists, Front street,
bet ween N and O. C.istin-js and machinery oi
every description made to order.
gLttarri-**j 0 - at-gam.
~GH___LESH. OATMAIf,
* TTORNEY AND COUNSELOR AT LAW.
Jr\ Ofliee—<l_o J street, Sacramento, Cai.
Notary Public.
A. L. HABT,
a ITOBNEY-AT-LAW—OFFICE: SOOTH
__. west corner Flflh and J streets, ltooitis
12,13 and 14, Bntter BnUdtng. __ J^
THOMAS W. HUMPHSEY.
ATTORNEY AND COUNSELOR AT LAW.
southwest, corner So. -eul'ri and J streot.i;
NoiM-y Public. Collections. Sacrameuto. Cal.
genttoivy-
F. ?. TEBB2TS.
DENTIST, 914 SIXTH BT_dßa___^
between I and J, west •Li'ic.'J?s3^w_fik
opposite O^ngregationa 1 Chnrclu^*l-Lu__.^P
DrTw. C. ETEITH,
DENTIST. LINDLEY BUILD-
ing. soutlu-a.'.; corner Se • - |^s?v;e>__!»
cnti: auil ,f tlreets, Sacramonio.jn*Brt____S__
Cai.__ u-u>is2'
C. H. STEPHENSON^-
DENTIST. CORNER SEV-__?_3_l_3*t"»
enthand .1 ;- : -.-.t.s, o\cr l*-{fsa_l?s&fo
on'a Dry Goods store.
DENTIST -^ F^^
____s^^^y___iy st s At-1
J. F^AKE CiARK.
UNDERTAKING PARLORS,
1017 as!) lOIG Fcunii strsct, Sacraarsic.
EMBALMING A S!'l-::'l.\ LTY.—UJ-MIP.CE
H.CLARK. Funeral Diroct-i.-auui t'ouaty
i'orotic:-. Telephone No. \:;._.
REEVES & LOS 6; Uadcrtakers,
No. 000 .1 Strct-'t.
KEEP ON HAND EVE_t_TKINO IN TH*_
Undertaking line. AI"o. Agents for tin*
Indestructible Burial Cm _et«(-jßtiriccfec„i-_ii»
orders from cil.v or court try attended to pi ,:!
hours. No Ice used. Embalmingn upcclahy.
W. J. KAVANAUGH, Undertaker.
No. 513 .Tst., hot. Fifth and Sixth.
ALWAYS ON II AND A LARGE ASSOKT
mcr.t of Metallic and Wooden Caskets.
Burial Cases, Coffins and Shrouds raniished.
Collin orders will receive prompt attention on
short notice and at the lowest rates. O'Qco
open day and night.
Finest Lunch House in the City,
CAPITAL ALE VAULTS, NAGELE &
svensson. Proprietors. Lunch from 11
a.m. to 2 p.m. Clam Chowder and Mussel
Soup every evening from G to 12 o'clock.
Finest brands of Wines, Liquors antl Cigars.
CONCORDIA BEER HALL,
No. 1021 Fourth street.
HAVING MADE EXTENSIVE IMPROVE
naents the public are now cordial!-, in
\ Ited to a first-class resort. Sandwiches of .--'1
kinds. Buffitlo Beer on draught and In bot
tles. The finest Wines, Liquors and CiaKirs on
hand. 11. gQHNE, Proprietor.
EBNER BROS.,
110-1 IS Iv Street, Front and Second,
Saei-iiineiito,
IMPORTERS AND WHOLESALE DEAL
ers in Wines and Liqnors. Agents for tlio
celebrated I'nmmery and Greno Chauapaguas.
M. CRONAN, _
230 X St., and 1108-IHO Third St.,
Sacramento, Cal.,
IMPORTED AND WHOLESALE DEALER
in Fine Whiskies, Brandies and Cham
pagne.
JAMES WOODBURN,
No. 417 X Street. Sacramento, CaL.
TMFORTER AND WHOLESALE DEALER
L In fine Whiskies, Brandies, Wines and
Liquors. Thanking my old friends and pa
trons for their former patronage. I solicit a
continuance ol the same. All orders will bo
promptly and carefuily rilled.
|^ai^rl-la^ «_Dime ©able,
SOUTHERN PACIFIC COMPANY.
PACIFIC SYSTEM.
Jetr-tLtciry 19, 189.x.
Trains Leave and aro dufc to
Arrive ai Sacramento.
LEAVE j TRAINS BUS DAILY. |..RRIf2
6:15 A! Coiistoga and N&pa 11:40 A
3:05 PI Cali»io»a and Nana 8:40 P
1_:50 A ...Ashkiiul and Portland... aiss A
4:30 P Deming. E: Patso and East 7:00 P
7:_o P KnightslxtntUng 7:10 A
10:50 A Los Angeles ! e:.i a
lOgden and Eari— Second
12:05 P! Class I _*__ A
Central Atlantic E_T»reSS
11:00 P forOgden and Es_Tt 8:15 A
3:00 Pj Orovitlo 10:30 A
3:00 PLBed l'lufTvl.i Marysville 10:30 V
10:40 A Reddinj- via Willow* 4:00 P
2:25 A San Fr-.ncisc • vi_ BonicU 11-10 A
6:15 AlSan Fmnelaoo via Benlc a 12.3P A
8:40 A San Frcxiciaco via BealMa 10.40 P
3:05 PSan Francisco vis Bcnlcial trAO r
10:00 a Sau Francisco via steamer I |B:QAA
10:50 A sau Franco rla LivermcraM i:6!» p
10:50 A Sar. .lose 1 _;ft6 P
4:30 P| Santa Barbara | B-.3.
6:15 A| Scuta Kosa VsAO A
3:05 P .SasnUi It'.s;; f.//.) a*
8:50 Ai Htocklonand Gall 7:00 P
4:30 P] Stocktou aaJ OaH 9:.j A
12:05 P' Trnckcoand Be«io 6:2-iA
11:00 Pi Trnckeeaad Keuc 8:15 A
12:05 P Colfax 815 A
6:15 A Vallejo li:4tl a
3:05 P VeJlejo rSr-SU P
*6:35 A ...Folsom and Piacerrllle.. '2:40 P
*3:10 P ...l-'ol.vun and Placcryllle... ~il:Ss A
•Sunday tsxeepted. fSunday only. >Mon
day excepted. A.—For morulng. P.—>For
afu moon.
RICHARD GRAY. C-:-.. Tratii- Mar.ar-er.
T. 11. GOODMAN, General P:u>sengcr Agtut.
Baker & Hamilton,
• —EtnPOBTSHS AXD JOBSZXtS OF—
HARDWARE, IRON, STEEL,
COAL, POWDER,
\griciiltural ImplciiiPiits and Haste,
BARBED WIRE, CORDAGE. BELTING.
SACRAMENTO CALIFORNIA.
H.S. CROCKER & CO."
20S AND aio J STREET,
Tho Leading Stationers,
film AID LITHOGRAPHERS.
AGENTS FOR CALIGRAPH TYPE
WRITER AND SUPPLIES.
MANUFACTURERS OF BLANK 3COXS
Ul7-U
BTENOGrSnND 7\'FEWMTKC~-
AT Cs*S}a* J STRtET. BOOM 4,
JalO-lm*