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The record-union. [volume] (Sacramento, Calif.) 1891-1903, March 19, 1891, Image 6

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The Senatorial Election Held in Check
by the Boodle Inquiry.
Governor Markham's Vetoes Sustained
by tho Senate—Another Bill for
Stevenson's Relief.
Sacramento, March 18, _89L
The Senate met at 10 o'clock a m., Presi
dent pro tern. Fraser in tho chair. Roll
called, and quorum present. Prayer by
the Chaplain. Reading of the journal
dispensed with.
Mr. Voorhies offered a concurrent res
olution providing that a joint committee
bo appointed on behalf of both branches
of the Legislature to inquiro into the
matter of certain alleged disclosures with
reference to some papers found in a waste
basket which it was claimed involved tho
integrity of members of the Legislature.
Tbe resolution was adopted, and the
Chair appointed as such committee
Messrs. Voorhies, Crandall and Berry.
Assembly messages were then taken
up. and the Senate, on motion of Mr.
Heacock, refused to recede from its
amendments to A. B. 235, in which tho
Assembly declined to concur.
The special order, consideration of tho
Governor's veto of A. B. 741, for the re
lief of Colonel J. D.Stevenson, was called
up, and Mr. Carpenter spoke in behalf of
sustaining the Executive's veto. Colonel
Stevenson, he said, had no legal claim
against the State. The services he had
rendered were not to the State, but to the
Federal Government, and had been again
and again rejected by it. If the Legisla
ture was solicitous to aid Colonel Steven
son, he (Carpenter) had a proposition to
make. It would take just $22 apiece for
• rich member to raise the sum named in
the MIL and he would give _•_.">. If this or
Kindred bills should be passed over the
Governor's veto, what would become of
the pledges thut Senators had made to the
Mr. Maher advocated the passage of
tin- bill over the Governor's veto. The
money expended by Colonel Stevenson,
he said, was for the beuetit of the State,
and the latter should in honor recom
pense this old citizen for his actual out
Mr. Dray upheld the Governor's action
in vetoing the bill, as did Messrs. Ostrom
and Mead. The latter moved that the
matter be laid over until Saturday, and
ilirit in tiie meantime some Senator pre
piiie a bill in accordance with the sug
gestions made in the Governor's veto
message to meet the equities of tbo claim
of • lolonel Stevenson.
Mr. Carpenter wanted the veto message
acted upon at once, and by a vote of 5
ayes to 2:1 noes tlie Senate refused to pass
the bill over the Governor's veto.
Mr. Preston was granted leave to in
troduce a bill appropriating money to
pay the salary of the phonographic re
porter in the Attorney-General's oilice
for tho remainder of the fiscal year. The
bill was made a case ol urgency, read
three times and passed.
Mr. McComas was granted leave to in
troduce a bill appropriating |1,500 to pay
the salaries of attaches of the Legislature
for the remainder of the present session.
It was made a case of urgency and passed.
Mr. ( . 11. Williams called up his mo
tion to reconsider the vote whereby S. B.
212 (repealing Section 337 of the' Penal
Code) failed to pasß on the preceding day.
Mr. Ostrom moved to indefinitely
postpone the motion, but the motion was
The roll was then called on the motion
to re. onsidcr, and it was carried—ayes 2.;,
noes 9.
Pending a vote on the previous ques
tion, the hour of noon arrived, ana the
Senate went into joint convention with
the Assembly to ballot for United States
Senator. *>n reassembling a recess was
taken until 2:30-p. .1.
Afternoon Session.
Tho Senate mcl at the hour named, tiie
Lieutenant-Governor in tlie chair, and
Mr. Mead asked and was given unani- j
inous consent to introduce a bill for the
relief of Colonel Stevenson. The bill
provides tbat the sum of $125 per month
be paid to Colonel Stevenson for the pe
riod of twenty-one months, unless he
sbouid die within that time, in which
case the payments shall cease.
The :>ill was read tho lirst time and
sent to print.
Tho Senate then resumed consideration
of the general appropriation bill, and the
Senate committee amendments were all
adopted up to the clauses appropriating
money for the support of the various
District Agricultural Associations, when
.Mi. Crandall offered a substitute for the j
entire section, reducing tho sums foi*
each district,
Messrs. Campbell of Siskiyou and Car
penter favored the amendment of Mr.
Crandall. and Mr. Mead opposed it. The
latter favored liberal support to the Agri
cultural Districts.
Without coming to a vote on the
amendments, the bill went over until 3:30
p. m. on Thursday.
Mr. Campbell of Solano moved that
the Judiciary Committee be required to
report to-morrow morning S. B. 050, re
lating to the state Übrary. Carried.
The bill is lhe one introduced by Mr.
Banks, amending the Political Code so
that tbe library snail be under the con
trol of a board of five trustees, to be ap
poiuted by the Governor.
Tlu* rules v. ere suspended, on motiou of
Mr. Maher, uld the Governor's message
vetoing.S. B. 62. relating to $2 being the
legal pay for a day's labor on all public
v. orks—whether dom* by contract or oth
er-., iso—was taken up.
Mr. Maher spoke briefly in behalf of
the bill, claiming that 110 person should
be required to labor for less than _>2 per
day. He did not think the reasons ad
vanced by the Kxocutive for vetoing the
bill weivwcll founded.
Mr. Crandall sustained the veto, and
Mr. Britt opposed it. The latter claimed
tliat the man who labored for less than 6*2
■ day was no better than a slave, and his
(Britt's) constituents would uphold him
in voting foar the passage of the bill over
the Governor's veto.
Messrs. Goucher and Dray favored sus
taining the Governor, and Mr. Mead op
posed that course.
By a vote of l> ayes to 24 noes the Sen
ate refused to pass the bill over the Gov
ernor's veto.
s. i:.s;. relating to eight hours consti
tuting a day's labor on all public work,
aiso vetoed by the Governor, was next
taken up. The debate thereon was very
brief, and the Senate refused to pass tlie
bill over the Governor's veto by a vote of
11' ayes to 18 noes.
The next cegul&r order of basineee m
the roll-call on the passage of 8. B. 812,
rt.). aling Section 3.17 of tho Penal Code,
and tho bill was passed—ayes ___„ noes 11.
Mr. Preston gave notice of a motion to
The county government bill was then,
on motion of Mr. Campbell of Solano,
called ap, wd on motion of Mr. Goucher
tnado '-I* special order for Thursday
morning, immediately after tho reading
of the.journal.
Mr. Voorhies ollered a resolution em
powering the committee appointed to
investigate tho "waste-basket" scandal,
to summon and examine witnesses.
Adopted. , , ... ..
The treneral road bill was, on motion of
Mr. Ostrom, made the special order for
Thursday at 11 a. m.
Mr. Goucher was granted leave to in
troduce a bill providing an adaitional
Superior Judge for Fresno < o«nty.
On motion of Mr. Seawell S B. 43_»
providing for a State bounty ol St. lor each
coyote scalp, was read a second and tnird
time and passed. „ ,
At 5:30 p. m. the Senate adjourned.
The House assembled at 10 a. ji.,
Speaker pro tern. Young in the chair.
Roll called; quorum present. Prayer by
the Chaplain. Reading of the journal
dispensed with.
The Act to establish a standard of
weights aud measures came up on third
reading and was passed—ayes 43, noes 9.
S. B. 500, to protect the owners of bot
tles, boxes, siphons and kegs, used in
the sale of beverages was passed—ayes 52,
noes 2.
[Speaker Coombs in the chair.]
A. B. 404, to reimburse tho Jpanese
Government for certain moneys ex
pended. Passed—ayes ots, noes 0.
A. B. 758, appropriating §2,000 for the
pay of officers and clerks of the Assem
bly. Read the second time.
A. B. 300. appropriating §50,000 for an
additional building for the Normal School
at San Jose. Read second time and
reported back unfavorably from Commit
tee of the Whole.
S. B. *KW, providing for improvements
for the Southern California State Hospital
for the Insane, was reported back favor
S. B. 44, to provide for certain im
provements and repairs at the Folsom
State Prisou and making appropriation
therefor, was reported favorably, and
made a special order for Thursday morn
S. B. 335, to pay the claim of William
Gutenberger. Reported favorably.
S. C. A. 22, relative to the exemption of
fruit trees and vines under five years of
age from taxation, was, on motion of Mr.
Shanahan. reconsidered.
Tbe exemption of the young vines and
tre."s was defended by Messrs. Clark,
Shanahan, Gould and Matlock, all of
whom believed tliat thero was an injustice
in taxing the land to its full value, and
then taxing the trees during their years
of unproductiveness.
Messrs. Cunningham, Hail, Barnard
and Jackson supported tho tax, believing
it to be just.
Mr. Jackson offered an amendment
making cattle and horses under two years
old, and sheep and hogs under one year
old, also exempt from taxation, and to
the astonishment of everybody the
amendment was adopted.
Mi-. Barnard offered an amendment ex
empting wheat one year old. Adopted.
Mr. Hail offered an amendment ex
empting unproductive mines. Here tho
House drew the line, and sat severely on
the amendment. The bill, with amend
ments, went to tho printer.
Mr. Lowe withdrew tbe resolution al
lowing mileage to those members who at
tended the funeral of Senator Hearst.
senate mesnaoks.
The Senate announced that it refused to
recede from the amendments to the
"i.uinn" bill, and appointed a committee
of conference.
The Speaker appointed as tho Houso
committee Messrs. Shanahan, Baugh
man and Bryant.
The resolution of tho Senate, concern
ing the alleged discovery of damaging
scraps of paper in the State Library, im
plicating members of the Assembly in
improper legislation, was read.
Mr. Dibble moved to tako up the reso
lution, aud hoped it would be adopted.
He said there had been in the last twenty
four hours statements in San Francisco
and Sacramento papers derogatory to his
integrity. He courted the fullest investi
gation. The account in the San Fran
cisco Bulletin, in so far as it regarded
himself, he declared to be absolutely false
in every detail. Tho statement of Captain
Mnrion in lho Record-Union wa.s a true
statement of the -case. There was not a
scrap of paper in tho possession of the
Attorney-General or anywhere else—
though he knew not what "General Hart
hail —tbat could in any way connect his
(Dibble's.) name with improper legisla
tion concerning tho United States Seua
torship or any other measure. He called
attention to his denial now, and declared
that the investigation would prove the
truth of what he said.
Mr. Young said that inasmuch as the
House was twice as large a body as the
Senate, he moved a committee of tive In
stead of threo. The resolution as amended
was adopted.
Speaker Coombs afterward appointed
Messrs. Freeman, Cram, Wentworth,
Stabler and Rice as the Committee of In
vestigation from the House.
The joint convention of House and As
sembly met at 12 _.
No further nominations were made.
On roil call Senator Campbell of So
lano began a vigorous speech concerning
certain charges of corruption, when Presi
dent Roddick ruled bim out of order.
Following is the ballot ofthe Senate:
For Estee—Bailey. Byrnes, Campbell of
Siskiyou,Carpenter, Flint, Heacock, Mc-
Comas, MeOowah, Preston, Ragsdale,
Shippee, Simpson, Sprague, Streeter,
For Felton—Banks, Broderiek, Cran
dall. Dargie, DeLong, Everett, Maher,
Mahon&y. (.eorge H. Williams —9.
For White—Berry, Britt, Goucher,
HamUli Mead, Ostrom, Seawell, Welch
For Johnston—Dray, Denison—2.
For Blanchard—Fraser—l.
Dray announced his change of vote from
Johnston to Estee, making 17.
Total vote, 35; absent, Harp, Langford,
Win. H. Williams, Wilson. Campbell of
Solano declined to vote.
Tho Assembly ballot stood: For Estee —
Ames, Barnard, Barnett of Sonoma,
Beecher, Bert, Brown, Bryant, Cargill,
Clark, Culver, Burner, Estoy, Fowler,
Freeman, Hail, Harloe, Hawley, Hock
ing, Hunewill, Johnson, Kellogg, JLacey,
Lewis, Matlock, McCall, Murphy, Smith
of Butte, .Smith of Orange, Sturtevaut,
Weston, Coombs—31.
For Felton—Alexander, Barnett of San
Francisco, Carter, Coffey, Dalv, Dennis,
Dibble, Dow, Galbraith, Glynn, Gordon,
Hayes, Hersey, Hoey, Jones, Lowe, Lux,
Lynch, Marion, Phillips, Steltz, Tennis,
fully, Wentworth,Windrow, Youug—2o.
For White—Arms, Doty. Dunn, Kakle,
Garvcr, Gould, Jackson,' Martin, Morde
cai, Mat hews, Murnan, Kenfro, Rice,
'Robertson, Shanahan, Stabler—l 6.
For Irish—Cunningham—1.
For Perkins—Crane—1.
For Blanchard—Baughman—1.
For Johnston—Bruner, Brusie—2.
Marion voted aftor the «.._, giving his
vote ior Felton, aud in vigorous terms
courted an investigation of all charges of
Mr. Bledsoe asked to be excused from
Total vote, 78; absent, Wolfskill; ex
cused, Bledsoe.
Summary of tho total vote—Estee, 47;
Felton, 35; White, 24: Blanchard, 2; John
ston, 5; Perkins, 1; Irish, 1. Total vote,
113. Necessary to a choice, 57.
Senator Crandall spoke of the charges
of corruption imp. ndinj, over the Legis
lature, ami moved an adjournment of the
joint assembly.
Mr. Galbraith seconded the motion, and
said that it was unfair to go on with the
! ballot nnder the circumstances. Mr. Fel
ton had been attacked and had lost votes,
while the only witnesses called to see the
scraps of paper had been friends of an
other candidate and that candidate him
The convention adjourned till Thurs
The House then tonk a recess.
Afternoon Session.
The House reassembled at 2:30 o'clock,
Speaker pro tern. Young in the chair, and
proceeded with the special Senate file.
S. B. 215, to authorize the Board of Fish
Commissioners to purchase the land on
which the State fish hatchery at Sisson is
situated, was passed.
The following bills were road tbe sec
ond time:
S. B. 5<.!, to extend the jurisdiction of
the Board of Harbor Commissioners over
Blast street, Sau Francisco.
S. B. 324. tq create a State Board of
Funeral Directors. Enacting clauso
stricken out. Mr. Bruner gave notice of
motion to reconsider.
S. B. 375, authorizing the Attorney-
General to dismiss certain actions.
5. B. 51, to pay the claim of George J.
M othersole.
6. B. 90, to confer further powers upon
the State Beard of Harbor Commissioners.
S. B. 151, to protect and promote horti
cultural interests, was made the special
order for Thursday ni6rnin<r.
S. B. 504, to declare the bridge across
Feather River free.
S. B. 3. concerning tho bearing of the
reports of Viewers of Public Higways.
S. B. 4. iii relation to petitions for pub
lic highways.
S. B. 5, in relation to vacating public
Substitute for S. B. 275, relating to the
sale of intoxicating liquors within a
specified distance of certain State institu
S. B. 478, to pay the Assistant Journal
Clerks of the Senate for the 20th session.
S. B. BOL to pay the Journal Clerk of
tho Assembly for completing tho journal
ofthe 20th session.
S. B. 342, for the appointment of a
guardian for the Marshall monument
and grounds.
8. B. 120, relating to the husband's con
trol and disposition of the community
S. B. i_s, relating to estates of deceased
Substitute for S. B. 492, to provido a
home for soldiers' widows and orphans
and army nurses. '
S. B. 431, relating to execution of judg
ment of death.
S. B. 295, for the purchase of a portrait
of ex-Governor Waterman.
S. B. 119, relating to the compensation
of attorneys.
S. B. 454, to provido for the printing of
the daily journals ofthe Legislature.
S. B. 455, relative to the engrossment
and enrollment of bills.
S. B. 200, relating to the continuation of
administration upon tho estates of de
ceased persons.
S. B. 391, for the payment of Con
troller's warrants which have been lost
or destroyed.
S. B. 117 was withdrawn by Mr. Mur
The bill abolishing tho Fish Commis
sion was passed.
The House took a recess till 8 p. m.
Evening Session.
Tlie House reassembled at 8 o'clock,
Speaker pro tern. Young in tho chair.
Tho following bills were passed and
titles approved:
A. B. Kit's, to provide for the creation and
organization of new counties.
Substitute for A. B. 115, to provide for
Police Courts in cities having 30,000 and
under 100,000 inhabitants.
A. B. 580, to provido for the organiza
tion and government of irrigation dis
A. B. 512, relating to the collection of
assessments in reclamation districts of
this State.
A. B. 588, relating to the printing of re
ports ot decisions ofthe Supreme Court.
S. B. 599, relating to the working, rights
of way, easement, and drainage of mines
in the State of California.
A. B. 554, relating to powers on ap
pealed cases.
. A. B. 507, to prevent destruction by fire
of property of contiguous owners.
A. B. 501, relating to the lien of deposi
taries for hire.
A. B. 78, to provide compensation to G.
B. Montgomery.
~The commission bills were made a spe
cial order for Thursday morning.
Mr. Young's bill, No. 759, appropriating
? 10,000 for the sufferers by the Tia Juana
flood, was mado a special order for Thurs
The House adjourned at 9:30.
The Apache at Work Again.
The steamer Apache is again doing
service on the river, and made her first
trip to this city on Tuosday. She has
laid in the dry dock at San Francisco for
nearly three months, and was thoroughly
overhauled. She has been newly painted
inside and out, and presents a clean and
neat appearance.
The Modoc was taken out of servico
yesterday, and will undergo repairs sim
ilar to those of the Apache. The Herald
will take the Modoc's place.
Baldwin in the Toils Again.
John Baldwin was brought to this city
yesterday, en route from Oroville to Oak
dale, in charge of Deputy Constable
Prouse. A charge of embezzlement has
been placed against him. Baldwin is the
individual who left this city niter swear
ing to a complaint charging George Mol
lusk and Tom Dunn with Battery. After
au absence ofa month he was arrested
and made to appeal against the two de
fendants, and they were heavily fined.
B'nai Israel Concert.
The congregation of B'nai Israel will
give a concert at the Metropolitan Thea
ter on the evening of March _bth for the
benefit of the church. Miss Oatman,
Miss May Carroll, Miss Barrett, Mrs.
Albert Elkus, Mr. Kinross, Mrs. Bruno,
Mrs. Saedler, and others will take part.
A feature will be a fancy dross drill by
twenty-live children trained by Miss
Maye Kewen.
Mining Company.
Articles of Incorporation of the Pea
body Gold Mining Company of San
Francisco were filed in the Secretary of
State's office yesterday. The capital
stock of the company is 1180,000, and tho
directors aro A. M. McFarland, J. W.
Thompson, A. S. Dv Bois, I. K. Hall,
Simon Novitzsky, Joseph Perrin and
James Champion.
The Judgment Stands.
A Supreme Court decision in tho ease
of R. E. Hyde (appellant) vs. John M.
Mangan and Mary A. Mangan, appealed
from Tularo County, was liled yesterday
in the Supreme Court Clerk's oflice in
this oity. It is an action of ejectment,
and the judgment is affirmed.
Didn't Pay His Board.
G. B. La Rose has sworn out a warrant
for the arrest ofa man named Blai_e, now
in Dixon, on a charge of misdemeanor.
La Rose is the proprietor of the Mansion
House Restaurant and accuses Blake of
forgetting to pay for several weeks'
Department Ono—Catlin, Judge.
Wednesday. Murch IS, 1891.
McClatchy vs. McKay—Dismissed.
Wainscott vs. Occidental Building and Loan
Association—On hearing.
Department Two-Vnn Fleet, Judge.
Wednesday, March 18, 1891.
Smith vs. Erath—Continued.
San Fbancisco. March 18,1891.
Ophir [email protected] GO Andes 1 [email protected] . 0
_Ue_.ic.U- ....4 40<cj.4 45 Scorpion ;.5c
G. AC 4 00 Benton _. 1 65
B. .St. B 8 [email protected] 50 E. B. & 11 50c
Con. Ya.-3.SKAI 1 OOlmva 15c
Kavage 3 iotcts-l 40' Baltimore 40c
Chollar 3 H) Bonanza [email protected]<>c
Potosi « 00 Now York 20c
H.iN 2 so(jL2 501*;. S. Nevada.... 10c
Point _ *_ „5 Eureka 3 75
Jacket 3 35®:. 40 Prize _ :_uc
Imperial tiOc Navajo 35c
Kentuck _50..55e Belle Isle 75c
Alpha 1 20 Mt. Diablo 2 OO
Confid'nce 7 5u N. B. Isle 70c
S. Nevada..;} [email protected] 3o Holmes 1 SO
Utah 1 25i:l 30 tiueen [email protected]
Bullion 2 1509 40 t'om'wealth sec
__.es.Bele.he 1 no N. Coiu'wlth 55fl
Occidental.- 1 50 Bodie 1 35<g. 1 50
Overman...3 75A3 05 Bulwer _ 55c
Union 3 sn<_vr. 15 Mono 80c
Alta 95® 90c'Kennedy 4 50
lulia :;oc Peer _ .15c
Caledonia [email protected] 5c Crocker _ 5c
(Silver Hill 2;>c Peerless 20c
Challenge 3 20 SS. King lOc
Lady W. 20c S.V. Water 93 50
Ophir.-.. 6 EOetßglL-Ute \V - 20c
Mexican 4 60. <, _ 55 Andes 1 SOfel s5
(i&C 3 05(33 S5 Scorpion. _ 35c
Best & B Btggii 50 Benton _.2 00
Con. Va...12 5-OIIVX. <». A C 55c
Savage 3 35 E. B. tt B _50c
H.__r N 2 45 IJaltiinore 20c
Point S 35e-2 -.(.'Bonanza. 40c
Jacket 335 New York „ 20c
Imperial 3<>c St. Louis 10c
Kentuck. _..50c£55c E.S. Nevada 10c
Chollar _ 3 30: Eureka 3 75
Potosi. ttiev c Prize _ 20c
Alpha 1 15(__1 25;Nava)o„_ 30c
Belcher 2 [email protected] ..(('Belle Isle 75c
Confidence 7 75 N. B. Isle 85c
S. Nevada _.3 35 Queen 3i*c
Utah._ l 30 Com'wculth.- _80c
Bullion 2 [email protected] 45 N. Com. AY 50c
Exchequer _»5c Bodie 1 50
Seg. Belch.l 55<-_l CO.Bulwer.-. - 50c
Overman...3 65m:. 55 Mono [email protected]
Justice- l 40 Peer „ 15c
Union.- _ 3 55 Crocker 15c
Alta 95c Ijocomotlve.: 5c
Julia _. _.30c Weldon... „ 15c
Caledonia.. 75c Peerles3 „ 200
Silver Hill 25c S. V. W _ 9'4H
Challenge 2 95 S. F. Gas 56^1
< .videnta! __1 50
The Supreme Court's Opinion in the
Matter of Bauquier's Estate.
Mrs. Rode is Not Disqualified to Act in
tho Capacity of Executrix
of the Will.
The dispute over the division of the
estate of Joseph Bauquier of this city,
who died some time ago, was settled yes
terday by a decision of the Supreme
The case is familiar to Sacramentans.
Mary C. Rode was named in the will of
Joseph Bauquier as executrix without
bonds, and she liled her petition for pro
bate of the will in the Superior Court,
and for tho issuance to her of letters testa
mentary. Objections to her appointment
were filed by her brothers, who woro also
legatees named in the will, upon the al
leged ground that in the life-time of Bau
quier she,
Intimidation and undue influence, and
for the purpose of pecuniary gain and to
obtain an unjust portion ofthe estato, in
duced her father to assign to her 31_.,5_3 88
in money and some real and personal
property. This allegation was followed
try a charge that she was incompetent to
act as executrix for want of integrity, and
that she was generally incompetent.
An answer was tiled to these ob
jections, and Judge Van Fleet made
an order declaring that Mary Rode
was incompetent to executo the
duties of the trust of executrix for
lack of integrity, and that she was antag
onistic and hostile and asserted claims
adverse to the estate. Her application to
bo appointed was accordingly denied,
and upon the order and a motion for a
new trial the appeal was taken.
The Suprenio Court says that tho word
integrity means soundness of moral prin
ciple and character, and tho evidence is
not such as would justify a finding that
Mrs. Rode was lacking "in this regard.
"We are not certain," says the court,
"from the peculiar language of the find
ing quoted, that the learned Judge of the
court below intended to say anything
moro than the adverse interests of
the petitioner would prevent her from
fairly, justly and properly protecting the
estate, and that this is a want of integrity
within the meaning of the statute. We
do not think, however, that the mere fact
that the appellant claims property as her
own which the other legatees insist be
loiij_s to the estate, would of itself, and
without some reference to the honesty of
her claim, show a want of integrity."
_____jr____t___NoES CITED.
The remaining inquiry as to whether
or not the court was justified in denying
Mrs. Rode's application upon the ground
that she wa.s antagonistic and hostile, is
answered by the Supreme Court, by
quoting sections of the Code of Civil
Procedure, and also decisions in similar
crises of the Court of Appeals of Ken
tucky, the Chancery of .Sew York and a
California Suprenio Court opinion. In
one of the cases, it was admitted that one
of the applicants could not read, write or
apeak English, and thAt she was sixtv
nine years old, but the court held that
these facts did not show any want of un
derstanding within the statute. They
might have rendered it difficult for her
to perform some of tlie duties properly,
yet they did not render it impossible.
The Supreme Court reverses Judge Van
F.oft's decision, und says that while the
court is authorized to refuse to appoint an
executor named in a will, for want of in
tegrity, yet, for manifest reasons, this
power should not be exercised except
upon clear and convincing evidence es
tablishing such disqualifying fact. The
executor may always be removed after ap
pointment unless he discharges the duty
of his trust faithfully, and as directed by
Correspondence of Interest to tho
General labile.
[Under this heading '.tlie Record-Union
will publish short letters from correspondents
on tor ies of Interest to tho general public. The
matter in theso eommunicuions will bo un
derstood to represent only the views of the
writer*. All communications must be aoeom
pinied by the name of tbe writer, not for pub
lication, unless so desired, but as a guarantee
of good faith.—Eds.]
Itnlian "Colonies."
Eds. Record-Union: Being a little
befogged I would bo glad to gain some
information. For tho past three days 1
have noticed in the extracts from various
papers, and in tho telegrams, allusions to
to the Italian colonies in New Orleans,
San Francisco, Chicago, Xew York, etc.
In the innocence of my heart I had here
tofore supposed tliat onr Government had
rigidly onforce.l the Monroe doctrine for
the past seventy years, as it certainly did
in the case of Maximilian. A part of that
doctrine was that tho monarchies of
Europe should plant no more colonies in
America. Now, to my astonishment, I_
find that Italy has been enabled to plant'
colonies in tho very heart of our country.
I should like lo be informed when aiid
how they were planted, and what the
United States Government lias been do
ing all this time. It must have been
If such really be the ease, it is time the
Monroe doctrine had the dust of ages
brushed oil' it and was put on guard
again, and Italy and all other European
nations were invited politely, as Louis
Napoleon was, to remove their colonies
from our country. Altaus.
Sacramento, March 17,1591.
Sati7i_day, March 14, 1891.
In the mat ter of Mary Jane Perry, on habeas
corpus—Let a writ issue, returnable before the
Hon. 8. IC. Dougherty, Judge of tlie Superior
Court of Sonoma County, on the 16th day of
March, 1891, at 11 o'clock; a.m. McFar
lanil, J.
12,973—Excelsior W. and Mining ("om
pany vs. Pierce—Pursuant to stipulation liled,
ordered that the submission herein be va
cated am! cause resubmitted as on March 1.
1891. The Court.
Monday, March 18,1891.
20.818—Ex parte Frank Erdmann on ha
beas corpus—Ou reading and tiling petition,
Ordered that tiie writ of habeas corpus issue
as therein prayed, returnable before the Su
perior Court in bank at San Erancisco on
Wednesday, tbe 18th day of lurch, 1891, at
10 o'clock a. ji.. and let notice of this petition
and order beserved on the District Attorney
of Baa Francisco forthwith. By the Court
Beatty. C. J.
2iJv-il 1— Ex parte A. H. Carpenter; 20,812
—Ex parte I). M. Vance—Ordered that peti
tioner tie remanded to the custody of the
Sheriff of Sacrament*:. County and the pro
ceedings dismissed. The Court. Filed March
14, 1891.
20,sio—In tbe matter of the application of
Cora Estrado for a writ of habeas corpus—
I \ksii reading and tiling )>etiti<>n, it is ordered
that a writ of habeas cor) pus issue out of and
undersell of tbe Supreme Court, State of Cali
fornia, directed to Ci.ief of Police. P. Crowley.
of said city and count v of San Emneisco, com
manding him to hay. tlie body of the said
Oorm Estrado before the Court in bank oa the
18th day of Manh, IS9I, at 10 o'clock a. tt
of tliat day. C. H. Garoutte, Justice of the Su
preme Court.
r>FPAI-I_IE>"T two.
13,373—Eme^- vs. Svea Fire Insurance
Company—Judgment affirmed. Pc Haven, J.
We concur: McFarland, J., Sharpsteln, J.
Monday. March 16.1891.
George W. Towle vs. The Pacific Improve
ment Company —On re ii ding and filing affi
davit, it is ordered tliat appellant in above
entitled action may have and he ishereby
given twenty days from date herein within
which to serve and tile his printed transcript
-on appeal in said action. Beatty, C. J., Harri
son, J., DeHaven. J., Paterson, J.
Tiksday. March 17, 1891.
13.734—Poirier vs. Gravel; 13.120—Al
bambra Addition Company vs. Mavburv
-13,586— Hill vs. Wilson; 13.587—Wilson vs.
Hll!—llehearing denied. The Court.
13.316—Cohen vs. Knox — Pursuant to
stipulation on flle and good cause appearing
therefor, it is ordered by the Court that ap
pellant's counsel may have twenty days ad-
Imt.aoa. time from date h.-renf within which
to nic brief In reply. By the Court, Beatty,
Monday, April 6,1891.
Court meets in bank at 10 a. m.
Examination of class of applicants for ad
mission to practice.
20,309—Ex purte James Halstead on habeas
14,297—C00mbs v. Bridges.
13,387—Janin v. L. <S S. F. Bank.
Tuesday, April 7,1891.
13,996—Ttbbetts v. Campbell.
14,243—Ah Sing v. Police Court.
Wednesday, April 8,1891.
20,727—Pe0p1e etc. v. Clendennln.
20,740—People v. Tom Bing.
20,711—People v. Ah Sing.
20,74 2—People v. Le.* Ouong.
20.772—Pe0p1e v. Brooks.
20,784—People v. Loul Tung.
20,796—Pe0p10 v. Staples.
20,798—People v. Bibby.
20,808-People v. Elliott.
20,756—Pe0p1e v. Chovnskl.
20,778—People v.Carroll.
TiuMtsnAY. April 9,1891.
20,780—People v. Ellsworth.
20,782—People v. Lopez.
20,779—Pe0p1e v. Freeman.
20,783—People v. Stewart.
20,601—People v. Morgan.
20,887—People v. Mitchell.
20,788—People v. Ng Yuen.
20,789—People v. Clark.
20,791—People v. Winters.
20,797—Pe0p1e vs. Johnson.
Monday, April 13,1891.
13,514—Smith v. Phoenix Insurance Com
puny of Brooklyn, N. Y.
13,515-Smith v. Tho Pensylvania Fire In
surance Company of Philadelphia.
13,516—Smith v. The American Fire In
surance Company of Philadelphia.
13,818—Ramish v. Kirschbaum & Sons.
13,896— Gow v. Marshall.
13.897—People ex rel Sabicho v. L. A. Elec
tric Kailway Company.
13,972—Thompson v. Ijiughliu.
13,997—Dunlap v. Steel**.
13.999—The Schallert-Ganahl L. Co. et al.
v. Neal rn-idow) et al.
14,025—(Jarnsey et al. v. Oothard et al.
13,240—Delguyer et al. v. Banning.
13,690— Willamette Steam Mills v. Kromer
et al.
13,821—Manning v. Den.
Tuesday, April 14,1891.
14,012—Herberger v. Husman.
14,011—Hewitt v. Dean et al.
14,014—Foss v. Hinkell.
13.915—Dietz v. The* Mission Transfer Co.
13,W99—Miller v. Wadlnham et al.
13,692—Ontario Land Imp. Co. v. Bedford
13,955—Underhill v. S. B. L. B. & I. etal.
13,810—Sornmer (receiver, etc.) v. Somers
(receiver) at ul.
13,970—Sommer v. Smith.
13,993—Tbe Ontario Bank v. Gerry et al.
14,015—Frederick et al. v. Dickey.
. , „ Wednesday, April 15,1891.
13,, 3 < —Pern v. Beaumont.
14,157—1n the matter of the bonds ofthe
Madera Irrigation District.
14.234—1n the matter of the bonds of the
Madera Irrigation District.
13,633—Mi11er v. Cueiho.
13,581—-Miller v. Cueiho.
13,991—Schultz & Yon Bergen v. McLean
et al.
14,039—Schultz & Yon Bergen v. McLean
13,843—8eed et al. v. Norton etal.
13,953—Ferguson v. Mcßean.
12,566—Luc0 v. De Toro.
Thursday, April 16, 1891.
14,077—White v. Buell.
14,118—Orcna v. Cily of Santa Barbara.
11.273—G0u1d v. Stafford.
14,353—Bonetti v. Treat etal.
14,372-llates et al. v. County of Santa
Barbara. John A. Booty et al.
14,088—& P. U. K. Co. v. Ferris et al.
14,148—Gorba v; Dobner.
13,693—Carlock et al. v. i'ognacci.
13,757—Kern County v. Neilson etal.
14,114— Hughes v. Dunlap.
11,220—Scott, trustee v. Sells et al.
13,244—Chadbouzneetal. v. Bate-!
14,351—Dyke et al. v. Tho Bank of Orange
et al.
14.331— Barrett (by his guardian) v. South
ern Pacilic Company.
Friday, April 17,1891.
14,035—Mi11s v. City of Los Angeles.
14,081—Clark v. Taylor et al.
14,083—Howell v. Burlington.
14,088—Behlow v. Shorb.
14.09s—Allen et al. v. Sun Jose L. and W.
Company et al.
14,086—Young v. Agulrre.
14,053—Peck et al. v. Board of Supervisors
of Los Angeles County.
1 1,05 1— X reamer v. Earl et al.
14,060—805e v. Foord, administrator, etc.
11,064—Painter et al. v. Pasadena L. & W
Company ot al.
14,087—Frazer v. Lynch etal.
14,169—Bcgart v. Crosby et al.
14,188—Ban Diego Lumber Company v
Wooldridgeet al.
14,216—Shirley v. Shirley.
14,218—Wheeler v. Tweed ot al.
14,223—Baires v. Story et al.
14,224—8a1res v. liabcock, Jr., otal.
14,242—Delune et al. v. P. C. Land Bureau
14,272—Potter v. Dear.
14,279—Preston v. Frey et al.
Monday, April 20,1891.
14,103—TheShallurd Ganahl Lumber Com
pany v. Stovell et al.
14,154—Mariner v. Dennison.
14.155-Sappenneld v. Main Street and Ag.
Park Ky. Company. B
14,150 —Alaniz v. Case-nave.
14,163—Banbury v. Arnold.
14,164—Notman v. Green et al.
14,171—Gamier v. Porter.
tlil' 172 ~People CX rcl- Robcrfs v- Beaudry
14,179—Warner v. Darrow.
14,180—De'foro v. Robinson et al.
14,312-Dow v. Ross.
14,323—Marston v. White at al
14,325—Kie.-sig v. Mallspaugli e t al.
14,344—Blaisdell v. McDowell.
14,345—Combination Lund Co. v. Morgan
14,299-Clurk v. Gunn. morgan.
14,808— Irwin v. McDowell.
14,846—Combination Land Co. v. Mor'-an
,14,352—Merrill v. First National Bank s!
D. et ul. '
13.S44—Dyer v. Leach et al.
Tuesday, April 21,1891.
14,181—Ballerino v. Bigelow.
14,189—La Grill et al. v. Mallard.
14,217—Ang10 Nevada Assurance Com
pany v. Nadeau.
14^B19—Forter Land and Water Company
v. Hall. r *
14,241—Morithew v. Orr, executor, etc.
H'Sii~S'r Connell v- Main and Tenth st.
14,240—W oK-oine v. Hess et al.
14,254—Burkott v. Gritlith.
14,266—Kheward v. Citizens W. Co
14,266-Lattln v. Hazard.
14,037—Judson etal. v. Gage.
14,049—Stanton v. Quinau et al.
14,052—Martin v. Cal. Central Ry.Co.
14,117-Salle v. Maver.
} . \X2;.~JV...' k v- GUI: Sheriff, etc., et al.
14,1,0—Miller v. Highland Ditch Company.
14,221—Carroll v. Seymour, Sheriff,
14,222—Carr01l v. Seymour, Sheriff, etc.
14,240—McClellan I). White v. Mclvee.
14,309—Miller vs. Cox.
Wednesday', April 22,1891.
14,280—McDnnicl v. Pattison.
14,298—Etchcpuro v. Aguirre.
14,310—Moffat v. Green wttlt et al.
14,322—Claudius v. Aguirre, Sheriff.
14,324—5 un Gabriel Land and Water Com
pany v. Y\ inner Brothers Company
14,340-Curiy v. Conley.
14,343—Newton v. Hull et al.
14,350—Hunt v. Maldonado.
14,354—DobiiiRon et al. v. McDonald.
14,355—Kockeman v. F.ickel et al
14,332—Brymer v. S. P. Co.
14,270— W. S. Green Mohave River Lime
Company ct al. v. Mrs. N. K. Clifford et al.
14,207—Comhs v. Bridges.
14,321—Johnston v. Kingetal.
14.340—Wlxnm et al. v. UodaaD, Jet al
14 33(1—San Bernardino National Bank T.
TheCoulton Land and Water Company
nSt*V*— I>Bcil!c Holling Mill Company et al.
v.TheJUversiduand Arlington Kailway Co.
14,2. 7— GlaaseU v. Coleman.
14,371—Miller v. Sours et al.
13,900—Yoang v. Donegaii.
13,639—Willamette Steam Mills v. Los An
geles. College Company.
*!_£§_—•*• **• H. R. Co. v. Bnmon Vallc.
13,9,4—George A. Blakcslee v. H. C. Hall.
A ijai,f wine glass of Angostura Bit
ters before meals will restore the appetite.
Manufactured only by Dr. J. ii. B. Siegert
&. Sons.
.lntiapolis, Jfld., Jan. 6, '90.
"J have often used ST.
JmICOBS Oil., and find it
a g&bd liniment.-'
THE CovofMd- BEST.
©hemge& _OaU« fov the $UJ» -Cjcmcv..
» ■ ■■ rrr=-r
TO-DAY, AT 9 A. M.,
Commences a Clearance Sale of
Odd lots and broken sizes from stock
taking. For a short time wonderful
Ladies', Misses' and Children's French Kid,
Dongola and Goat Button Shoes.
We Call Your Attention to a Few of tlie Special Values:
Ladies' Kid Button Shoes, worked holes, flexible sole, C. S.
and opera last, 3 to 6 $1 00
Old Ladies' Comforts, glove kid, congress and lace Shoes, soft
pliable sole, 3 to 6 1 O©
Misses' Fine Dongola Button, spring heel, long vamp, square
toe, worked holes, 12 to 1 1 00
Ladies' Serge Button, C. S. last, narrow widths, sizes %4, 5.. 1 00
Men's Fine Goat Toilet Slippers, patent leather trimmed, sizes
6to 11 1 00
Men's Glove Kid Low Shoes (Prince Alberts), elastic on side.. 1 OO
Men's Hand-sewed French Calf Low Lace Shoes, large sizes... 1 OO
Ladies' B Calf Lace Shoes, riveted double sole, sizcs*s, 6, 7, 8 98
Misses' and Youths' B Calf Lace Shoes 90
Men's Seamless Creole Congress Gaiters, plain wide toe, sizes
6to 10 1 45
Mcu's Fine Hook and Lace Shoes, square St. Louis* toe and
tip, pump soles, 0 to 9 „ 1 45
Ladies' Brocade Opera-toe Slippers, turned soles, sizes* 2 to 4% 75
Ladies-Kid Newport Ties, flexible soles, sizes t\% to«s 75
Ladies' Beaded Opera Slippers, plush, sizes 2 to 4^- 5©
Ladies' Fine French Kid Button, French last, square toe, low
heel, turned soles, B and C widths, sizes z)4, 3, <_J_ and 6;
regular, £4; sale 2 50
Ladies' French Kid Button, opera toe and heel, .pump sole, B,
C and I), 2 1/f. to 7, regular J5 Shoe 250
Men's Fine Glaze Dongola Bai, London toe 'and tip, pump
sole, sizes 7, 9 and 10; regular, £4 2 50
Ladies' French Kid Button, cork sole, French last, wide toe
and low heel, sizes 2, 3, 3^ and 4; regular, £6; sale 3 50
RED HOUSE. Sacramento. Cal.
Millinery-Imported Stock.
Latest Designs and Novelties in
The New York Milliner,
S. T. _v_l HOOVER,
l^ 5 OPENING MARCH 23d. -*%~X
"It is composed oftthe purest
ft |Hfl__ji • materials, and represents the
i /'___n\ * *"" ""Vicinal valne-of Joipaka
toirrnTri _ ■ *''n Ker 'n l^e highest degree of
j^uERJRRAf.!) 1 perfection."
£^Jf^t® "" AiKil)-tical Chemist
F~ ',V~^rr—3 Sold by Druggists and Wine
£?__} r--. —-j Merchant*.
Commission Merchants and Dealers In
l.sMldin.*. Material.
Santa Rosa, Cul., Jan. 19, 1891.
BRinns Medicixe Ids.— Gents: Yours of the
15th received. I shnll be clad toasslct you in
promoting the salt* of Dr. Leslie's Special Pre
scription. Indeed, most of what I liave bought
of you in the past four years haa been given
away, myself having been completely cored
after a life-time of headache, as 1 shall gladly
certify. Should you write to either Dr. Murk
ell or Dr. Mason, of thfc place, you may refer
to Tod <£ Crawfokd. as to the superiority ot
your Special Prescription. Your?; truly.
Price, 25 Cents. Sold by all Druggists.
Briggs Medicine Co., San Francisco, Cal.
Veterinary Surgeon.
s\ tic animals treated ut his jflß_*p,V_
infirmary, 711 Eighth street.,S??^<CriV
Officehours: From _ ta 10 .. M-.""*iM*t__3Srfc
3to6P. M. J»23-tf VTX7 T
of coal at the C. O. D. YARD, Fourth and
I streets.
this we.e_._k.
Send a Box (o Yonr Easier!. Friends.
J. O. WACHTEK. 8.|.?. BECK.
(Successor*, to Oscar S. Flint)
Ice Ci'cam and Candy Parlors
Gas Fitters. Roofing and Jobbing. Terms
reasonable. 127 .1 Street.
jgailroab ®ime ©able.
JANUARY 19, 1891.
Trains Leave and are Due to Arrive at
K:l5 A Callstoga nnd Napa I 11:40 A
3:05 P Calistoga und Napu j 8:40 1"
12:50 A '...Ashland and Portland...^ r>:f>s A
4:30 P Iteming, El Paso and East! 7:00 P
7:.{0 P -Oughts Landing 7:10 A
10:50 A Los Angeles ( 9:35 A
;Ogden und East—Second 1
12:05 P! ......Class. j 2:25 A
Central Atlantic Express!
11:00 P'...._for Ogden and East I 8:15 A
3.-00 PI Oroville _ 1.0:30 A
3.00 P Red Bluff via Marysville 10:30 A
10:40 A!.. .Redding via. Willows.... 4:00 P
2:25 A Su.ll Francisco via Benicia! 11:40 A
6:15 A San Fraucisco viaßenicia 12::;5 A
8:40 A Sun Francisco via Benicia! 10:40 P
3:05 F Suai Francisco viaßeuiciaj 8:40 P
*10:0O A riiui Francisco vlasteunieri _6:00 A
10:f.o A;.Sa_i Fran, via Livermore) 2:50 P
10.50 A Sau Jose | 2:50 P
4:30 P Santa Barbara 9:35 A
0:15 A Santa Rosa 11:40 A
3:05,P Santa Rosa. 8:40 P
8:50 A^ Stockton and Gait 7:00 P
4:30 P; Stockton and Gait 9:35 A
12:05 P1 Truckee and Reno 2:25 A
11:00 P, Truckee and Reno 8:15 A
12:05 P',...._ Colfax 8:15 A
6:15 A! Vallejo 11:40 A
3:05 Pi _ Valleio f8:40 P
*ti:.i."> A Folsom and Placerviile.. *2:40 P
•3:10 pi..Folsom and Placerviile.. «11:35 A
♦Sunday excepted. tSunday only. JMoaJ
day excepted. A_—For morning. P.—For af«
RICH ARO GRAY, Gen. Traffic Manager.
T. H. GOODMAN, Gtrneral Passenger Agent.
triends u_ Uie East.

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