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5600 luge-US gmW, Is Published eveiy morning except Monday by THE I.OS A \ <; 1,3,1> t ITYASI) «'OVN TY PRINTIXU A.V» I'l III.ISMIM. COMPANY. OFFICE—Herald Stea.ni nook nnd Job Printing House, Spriiiir street, opposite the Court House. TKKMS: Per annum, by mall or express SlO six months " " •> Three months " " ' 3 Delivered by carriers, per week SK cents Advertisements inserted at liberal rates. The Book Table. Only a few of the monthlies for April have as yet been received. The unprecedented storm iv the Sierra, with the attendant obstruction of the road must, we suppose, bear the hlame rather than any negligence in mails. lfarpcr } 8 assigns the place of honor to a well illustrated article upon the "Farallone Islands," with their rug ged Cliffs frowning across the restless waters upon the ships that come and go by the Golden Gate. The sea lions and the gulls, with the dashing spray of the surf, help to make up a very readable article. All illustrated con tribution from the pen of Olive Logan reveals to the public the mysteries of the stage—the ropes and pulleys, the Bengal lights and the shams that go to make up the mimic life, lived for a short hour. The deeper tragedy hid den behind many a calm face in the boxes, the wordless tragedy of hard human life, even Olive Logan's pen does not touch. King up the curtain, society would amuse itself! The artibt, in his illustration of the transforma tion of the old witch into a fairy, has certainly pictured a very substantial fairy. A well written piece upon "Oliver Goldsmith," with its reminis cences of the days when literature meant starvation, will be read by those whose literary palate has tasted the delicate Uavor of the "Citizen of the World," and who have smiled at the honest simplicity of the good old "Vicar," or who have not forgotten the days painted by the magic of John son in that delectable spot which we all so long for, yet cannot find, "The Happy Valley." The Overland for April has two es pecially noticeable pieces. Joseph Weed replies to the January article of General Sherman upon the Vigilance Committee of San Francisco. The sympathies of those who know the full meaning of powerful villainy and weak courts and the stern necessity begotten by such a state of society, will certainly be with Mr. Weed in Ins defense of the "Vigilance Com mittee," rather than with General Sherman in his impeachment of it. Dr. Stillman having completed the series of papers under the title of "Seeking the Golden Fleece," now commences " From Colchis back to Argos." While reading this scries of interesting papers, go and read Morris' "Jason." Next upon our table lies a volume in green anil gold; yet when you turn to the contents the coloring is sombre and sad. It is like the leafless tree wound round with the trailing ivy's green, or like the grass growing by the tomb: without, life and bright colors; within, the sorrow of hopeless ness and death. It is a very sad book; not a healthy on ) for minds prone to brood and question; better put it down and go out in the sunshine where there is warmth, and life, and light. Yet you cannot put it down and forget it; it is too true a picture of the dark, doubting, despairing moments that come to every thoughtful life. "Enigmas of Life," by W. R. Greg. Hear the author in his preface: "In the later years of life the intellectual vision, if often clearer, usually grows less confident and enterprising. Age is content to think, where youth would have been anxious to demonstrate and establish; and problems and enigmas which at thirty I fancied I might be able to solve, I find at sixty I must be satisfied simply to propound." Not a cheerful conclusion, yet one sadly true. These are a few of the enigmas which so painfully weigh upon the author: Under the heading of "Real izable Ideals " comes a plaintive dis cussion—rather a querying—of the blasted hopes, the ever near, ever-fad ing vision of human perfectability, of the great mysteries of pain, of want, of destitution, of the ever-present effects of vice and sin, of the endless warring of good with evil, yet the evil remaining unvanquished. Then, un der the heading of "Malthus Notwith standing," a disoussiouof the doctrine whether physical want and suffering are a portion of the law of nature — that is, of God—because of the appar ent fact that population increases more rapidly than the means of sus tenance. Whether physical want is by inevitable law endemic in old countries, the same as cholera is said to be in the Delta of the Ganges? Then, a querying of the painful, seem ingly unjust law of the transmission of the seeds of disease and bodily ill from infirm, guilty parent to innocent offspring; and wlt'j this the strange fact that in races and classes of society wherein the mental and moral nature are most thoroughly developed, and where one might expect to find the transmission of a healthy organiza Los Angeles Daily Herald. tion —in these races and these social ranks, the power of reproduction seems to be diminished and the family dies out, leaving mankind to bo re newed from therankaof the untrained, of the uneducated; thus a great law of incompatibility between mental de velopment and sexual fecundity com ing in to prevent the lifting of the hu man race to a higher plana and bring* ing it ever hack to the starting point of ignorance. Then the pains, the evils, the chastisements that come upon the quivering flesh; the sorrow, the voiceless woe of the hearts that bleed and make no sign. "Why are they aent? For good?" " Yet," says the author sadly, "there are chastisements that do not chasten; there are trials that do not purify, and sorrows that do not elevate. There are pains and privations that harden the tender heart without softening the stubborn will; there is light that leads astray; there are virtues that dig their own grave. There are pure searchers after truth whose martyr spirit has never reached the martyr's crown, whose struggle for the light which God has commanded them to seek has only led them into 'a land of darkness, as darkness itself, and where the light is as darkness.' There are souls to be reckoned by the million, low, grovel ling, undeveloped, desperately bad, and which could scarcely, save by miracle, have been other than they are. What becomes of them? Why are they here? What do they mean? It is hard to find no answer to such questions." "Yet," says the author, "I must believe there is some solution to the problems, though I can give no reason for the faith—only the alterna tive, the thought that evil is in the order of the universe, even as good, is too hopeless, too terrible. Problems and enigmas which at thirty I fancied I might be able to solve, I find at sixty I must be satisfied simply to pro pound." Below the Snow Line. There are two great continental rail road routes within the snowbelt. The Northern Pacific is not a com pleted road, but it will be subject to all the contingencies of snowstorms and biting coltl weather. The Central Pacific has had a hard battle for weeks witli the drifting snow. Trains with mails and passengers have been de layed for days at a time in the fearful snow-drifts of the mountains. No de vice has yet been found to keep a track clear of drifting snow. Two or three Winters ago, when the road was ob structed, it was said that such stop pages would not occur again, because all the exposed places would be pro tected, and the appliances for keeping nn open road would be ample for all contingencies. But the snowstorms locked the trains in the mountains in spite of all that steam could do to set them free. It may be set down now as a fact that no continental railroad within the snow line can be placed beyond the contingency of obstructing snowstorms. If ever the Southern Pacific Kail road is completed it will have this ad vantage: it will be Delow the snow belt and the line of besieging frost. We may not know the worst of these mountain storms yet. But they are terrible enough to turn public atten tion to the great importance of one continental route which shall be ex empt from these troubles. —F. Bul letin. Every Winter makes it more appar ent that the Southern Trans-coutinen tal Kailroad must be built. Not a year ago the San Francisco papers general ly believed it to their interest to oppose the" southern line. But Stanford's movements on the Oakland side and the freight anil fare question force the support of an opposition road below the snow-line. The interests of this part of the State demand the early construction of the road, and our rep resentatives are expected to labor for this object. COLORADO DLSEKT. Senator Jones has received several hundred letters from scientific men and others living in various parts of the country in reference to, expressing great interest in the Colorado Desert Survey, made at his expense, and of which mention was made iv the dis patches last week. He will, in the course of a few days, oiler a resolution instructing the Senate Committee on Commerce to inquire into the expedi ency of directing a survey to be made by Government engineers with a view to determine the practicability of sub merging the Colorado and Mojave deserts and Death Valley, and report ing what would be the probable ellect of such submersion upon the climate and the agricultural and commercial interests of the surrounding country in California, Nevada and Arizona. Seldom in the history of the world has it been in the power of man to make great and permanent changes in the climate of a large area of country. The facts stated in the original article in the Overland, make it a more than probable case. A thorough survey by Government engineers accompanied by a party of scientific men should be made, and a full report had. With all the facts collected by such a commis sion, and accurate surveys published the matter would be fully discussed by scientific men and associations un til true theories would be deduced. A permanent increase in the rain fall over the Southern part of California and over Arizona would furnish homes and food for millions yet to come. N. Palmer, who recently purchased a part of the Mott tract near Santa Ana, will soon commence planting 5,000 blue gum, and about the same number of locust and other trees. Mr. P. is a firm believer in the general utility of the gum tree.—[Southern Californian. LOS ANGELES, SUNDAY MOKNING. MARCH 29, 1874. Late Telegrams. EASTERN. Philadelphia, March 27tb. Wool is dull but firm, the supply be ing unusually light. Colorado, wash ed, 25©30 c.; Colorado, unwashed, 21@ 23c; extra and merino pulled, 45@50; Texas fine ami medium, 25(§ .'loc.; Texas coarse 21@20C. j California, line and medium, 86@32c.; California coarse. 23C» 27c. Col. W. G. Fanell of Covington, a correspondent of the Cincinnati Commercial, shot and killed Hon. Harvey Meres in Coviugton this noon. Both were very prominent men in Kentucky politics. The shooting was the result of a long standing quarrel. The Supreme Court has granted an order to show cause why a writ of mandamus ..should not be issued against Judge Davis, on motion of counsel of Tweed, who claims there were certain exceptions token in the course of the trial and noted by the stenographer in his minutes which the Judge improperly refused to allow in setting the case on appeal. The order is made returnable on tbe 3d of April, and the counsel of Tweed are given until the loth to submit further affi davit*. Susquehanna, Va., March 28th. The Sheriff witli forty men appeared here this morning, but was unable to do anything with the strikers, the posse all sympathizing with them. The strikers held an excited meeting this morning. They are firm and will allow no trains to pass or any business done until the railroad accedes to their demands. The company have the al ternative to accede to the demands of the men or send for the military. The Cambridge Club beat the Ox fords in the boat race by four lengths. FOREIGN. LONDON, March 27th. lii the House|of Commons to-day a member asked for the number and terms anil places of imprisonment of Fenian convicts, and the opinion of the Government whether the time had not come for their release. Cross, Home Minister, replied that the total number was sixteen. Eleven were ex soldiers sentenced for life for assisting insurgents. Two were sentenced for five years, one for seven years, and the remaining two for life, for man slaughter. Pacific Coast Telegrams. SAN FRANCISCO. Sax Francisco, March 28til. Passengers per Senator: For San Pedro—Thomas Barnes, W Weihs, 0 F Lewelling, A Ellis, W C Wesserman, Mrs II Colin, W \V Par ker and wife, Ii Clayton, F A Wein shanks, Mrs Steinbach, C FJtfjman, Wm Hope, M Leonard, J T Boyle, S B Moore, H E Grant, John Simpson, Jean Errecca, Sancho Errecca, P Et chart, Jose Oxarart, P Sandrowa, W L Lake, Robt Dulsel, T Neff, Mrs P Kortz and child, RCarrarez, G Julian, L Weeks, J C Addingtoa, W H Crit tenden, II Crittenden, D Northrup, W Franklin, N A Weller. Santa Barbara—C S Whitcomb, B Spraguc, L W Moore, Thos Hasmer, Mrs and Miss Franconi, Mrs Frank Moran, J Marhuez, J M Monera and wife, I) C Dean and wife, (.'apt Bacid and wife, H Buckman, M Boyean, W H Orr, L P Cook, E C Benson, Mr Bars tow, Mrs J Mayhew, Miss C SUin ner, Mr E Fairehild and wife, Capt Marriott, John Schneider, Martin Ry an, P Pfeifer, Mr Johnson, M Powell, A N Flint, A Urasen, F Bayley. A dispatch from Portland to-day says the Indians on the Malheur Reserva tion are creating trouble and threaten to massacre Linville, the agent, and all hands at the agency. Troops have been sent from Fort Harny to quell the disturbances. The steamer Colima has been heard from. Sho broke three blades of her propellor and put into a small cove in the Cerros Islands and sent men to San Diego. A small boat from thescrew steamer Montana arrived at San Diego at 3 A. M. with Wells, Fargo & Co.'s messen ger and Captain Heffrous, I. M. S. S. Co.'s agent at Acapulco, who reported the Montana outside awaiting their re turn from delivering dispatches. They report that March loth the Colima lost three blades of her propellor and put into Cerros Island, off the coast of Lower California, and sent a boat's crew to San Diego, who after battling with the winds nine days were picked up by the Montana. She then re turned for the Colima, but met her in tow of the Arizona. They were last seen March 27th, at 11:30 A. X, San Bkunakdino, March 2Sth. Great excitement prevails in Hoi comb Valley, ten or fifteen teams left to-day for there. Our city is perfectly crowded with miners from all parts who are getting outfits ready and leav ing daily for llolcomb Valley. The rainfall at Grass Valley this sea son amounts to 4~2 inches; at Petalu ma, 22; at San Rafael, 30; at Santa Rosa, 28; at Sacramento, 22; at San Jose, 11, and at Los Angeles, 22. Nothing to Do. H. CLAY PREUSS Why, in this beautiful vineyard of; Cod, The noblest ol' lands that toot ever (rod; With a domain so rich, and a clI mule so fair, Where man walks the earth as free as the air, Vr*hy«J|l this "land of the Hod, White and Bum" Are so many thousands with nothing to do? The masses run mad with de im for gain- All would grow rich without labor or pain, Hani, old-fashioned work they view with dis gust, And would elutoh. in n moment, the bright yellow dnst." By tricking, by gambling, or some baser way All madly aspire to be rich in a day; lint failures are many, and fortunes are few, And so there are t housunds with nothing to do. Monopoly, too, with its strong limn hand, Is crushing the li!e from our beautiful land. Our high men iii power are boiigl.t by its gold, And already it rules us as tyrants of old. Millions are taxed to enrich but the few, And thousands are starving witli nothing to do. The TradeV Union nun. like poor wretched tools, Are a]iing the rich by their hard, selfish rules. They deny the poor rigid to oiiryoung people ' now Of earning their bread by the sweat of their brow! Our country is filled with a sad, yelpingerew i if young men nnd women with nothing to do. Ami this rising race, who should build up our Stale, All! what in tin' future will be their sad fat;? How will they live, and how will they die? Let Ihe poorliouse, the prison and gibbet re ply! Fathers and mothers, oh! think of the doom That awaits your own blood ill tlie future to come. Ah! tenlblo fact,that a nation must rue, So many thousands, and nothing to do! The Brave Daughter's Defense. F. P. CALLAWAY It was a sad day for the Ncckers. William Neeker, the good, honest man who bad risen up at liis country's need, and l>y his wise counsel saved France from financial ruin, was to-day hnmiliateil by the bitter reproaches of liis sovereign and the nobility. His notable corn-laws, which only a great financier could have conceived and executed, had lifted from the na tion an ci'orinous debt, and replenish ed her (. usury. Louis XVI. rested on Neeker to support bis tottering throne, and the people looked up to him as me only man who could save France from bankruptcy. Some of his recent acts, however, had excited clamor among the royalists, who were at heart his enemies, and with base ingratitude they now overwhelmed him with unjust censure. Louise Germaine Neeker, who sat in her little boudoir above her father*l library, listened with aching heart to liis slow, heavy step, as he paced liis room wearily to anil fro like one who bends under A great burden. Although only a girl of fifteen, she understood well the anguish of his soul. Her love for her father was one of the passions of her life, and all of his sorrows were ter sorrows. It was a stormy day; the rain pat tered in a sorrowful monotone against the quaint old mullioned windows; the wind wailed mournfully around the turrets and gables of the old cha teau, and now tossed the branches of neighboring trees wildly against the casements, which rattled and shud dered as with pain. Louise stood in an oriel window and gazed out fearlessly into the darkening sky and raving storm. It suited her fearless nature, and she loved to watch it in' its wildest moods. Her imagina tion was so vivid that she could see in the flying clouds the oenii of the storm, whose eves Hashed lightning, and whose chariot wheels rolled like thun der over the sky. She often fancied that she heard the carven gargoyles under the eaves shriek when the storm was at its highest, and that the stony lions below crouched low as the foam ing ruin dashed over their shaggy manes. At such times as these, beautiful thought! would thrill her soul like strains of music, and she could dash off whole pages of rhymes which, In a few moments, she would give to the Humes. Her father's guests, who were attracted to the bright young girl by her charming ways and spark ling sallies of wit, wondered more at her brilliant talents as an improvisa tors. At a moment's warning, she would improvise the most charming little songs, accompanying them with music of such beauty and tenderness that her listeners were always enrap tured. But there was no poetry in her soul now. Her father's sorrow seemed to crush all joy out of her young life. Now and then, as the storm lulled, she could hear her mother trying In vain to comfort him. She threw herself on a low couch and sobbed pas sionately. Oh ! if her father only had some true, noble friend, she thought, to stand up bravely and tell the people what be had done for them, what a preserver he had been to France in her hour of need ! But who was brave enough to face the strong tide of royalist's reproaches? None!- no, not one she could think of in her sor row. She remembered the cruel words of malloe Which her father had read to them from the morning journals, and they seemed to burn themselves into her* brain. She leaned her head on her hands and tried to think of some thing she could do to help her father. If she were a king, she would have his enemies banished to the farthest cor ners of the earth. If she were a gen eral at the head of an army, she would destroy them. If she were only a sol dier, she would make them answer for those bitter, unjust words at the point of the bayonet. But she was neither a king, a general, or a soldier —she was only a little girl—there was only one weapon at her command. Would it avail ? Her whole face was Illumined with a glorious thought. Springing to her feet, she ran to lock her doors, then wheeled a little writing desk into her favorite oriel window. For a few mo ments she sat leaning her face upon ber bunds. The wind rattled her case ment, the rain hurried past; the Hy ing cloud-genii peered curiously in, but none could divine her thoughts. She might have been asking help from Him who is a stronghold in the day of trouble. Her arm was weak, but llis.was strong. She commenced writing. The first page was blotted with tears and thrown away. The second shared the same fate." The third page she commenced oarfully, writing in a bold, masculine hand. As she wrote on, her father's wrongs rose up vividly before her; her indignation waxed hotter and hotter; bitter sarcasm Hashed along her lines. The wild music of the storm, too, pouring in upon her soul, was breathed on every page that left her hand. Who was not a beautiful girl; her features were irregular; her complex ion that of the French brunette. But an artist might have chosen to paint her as she sat there in the gray light streaming through the ancient win dow, her raven curls fastened careless ly back with knots of scarlet ribbon, her cheeks glowing with excitement, her large dark eyes sparkling with soul-fire. There was a radiance of more than beauty in her young face. It was deep twilight before she fin ished her work and unlocked her doors. Kinging for a servant, she bade him mail a letter with all speed. "But, Mademoiselle," said Pierre, hesitating, "the night is dark and stormy. Must it go." u lt must!" and Louise Germaine Necker stamped her little foot passion ately. "Pierre, the house of the Neck er family depends upon it." "Pardon me, Mademoiselle, it shall go," replied Pierre. "You have been a soldier, Pierre, and I know you are brave, so I trust you. But listen—no one in Paris must know that you come at a Necker's bid ding. And hush!—noone, not evenin our own chateau, must suspect your errand." "You may trust me to keep a se cret," said Pierre, bowing gratefully as Louise placed a purse in his hands. Laying her linger warningly on her lips, she then dismissed him. It seemed to Louise as if morning never would come, but it dawned at last, clear and radiant. A bluer sky never bent over the purple hills and bloomimr vales of France. Louise threw open her casement and leaned out (o breathe the fresh morning air, fragrant from kissing "ruin-awakened fiowers." Little chil dren were singing as they gleaned the fields; distant bells were chiming for matins; and a lark, soaring from his lowly nest, thrilled her heart with his joyful carolings. She fancied that even the green monsters under the eves and over the windows of the old chateau, were grinning and leering in (he sunlight Seeing iter father in the garden, she ran down to him to say good morning, and join him in his walk. He smiled as he took her hand, and asked her if the could sing a song which would match that of the lark, for the lark was still soaring and caroling in the blue heavens. Louise looked up and listened rap turously for a few moments to the blithe music falling upon her with the sunshine; then, Mlf her heart echoed the ecstacy of the heavenly minstrel, she caroled out this joyous little song: "I have no wings to fly, birdie, To soar like thee on high So tar and tree. But my song shall rise, birdie, Above the sunny skies. Tri-la! trl-le! tri-le! "We both will sing of love, birdie, I on earth, and though above, Sonn of glee. The angels all will hear, birdie, Oar songs so Joyous, clear. Trl-la! tri-le! tri-le!" "The lark could not do better than that daughter," said tho father, kiss ing her with pride. The mail now arrived, and Louise, although a wild hope was beating madly at her breast, dared not trust herself to watch her father as he open ed his letters and papers; so she stroll ed on alone over the lawn skirting a park. Dreamily she watched the golden clouds llo'ating lazily through the blue above her, and commenced to build beautiful air-castles, for this was a favorite pastime of hers. In after years, when she became a great lady, she said to Napoleon once: "Do you never build castles in the air, General? Do you never go and dwell in them ? Do you never dream to charm away the monotony of life?" "No, madam," said he, "I leave dreams to sleep and retain reason for my waking hours." "Then," said Louise, "you can never be either amused or surprised." Presently she was called into the breakfast room, where she found her father and mother joyfully talking over some very good news. It seemed that an anonymous article had appear ed in one of the morning papers warmly defending Neeker, indignant ly reciting liis wrongs and in beauti ful and passionate words proving that he had done right. Louise changed color as her father commenced to read the article aloud. Neeker paused once or twice as though in surprise, but it was not until he had almost reached the end that he detect ed his daughter's style. Throwing the paper aside, he exclaimed with a trembling voice: "Louise, my brave daughter, you are my defender!" "Can it be true?" cried her mother, clasping Louise in her arms, while tears of joy sprang to her eyes. Louise could scarcely answer for weeping. Oh, that was a glad morn ing for the Neeker family! Well might her parents feel proud of Louise. Her eloquent defense struck even her father's enemies with shame. The people loved Neeker more than ever before. His daughter had struck mightier blows with her pen than a general could have done with his army. Louise Germaine Neeker is now known as Madame de Stael, a great and wise woman, who loved freedom and stirred the hearts of her country men with her own heroic patriotism. Napoleon feared her burning eloquence and the power of her pen more than the armed hosts of his enemies. From a girl she loved to talk of the wonders and beauties of nature, and the immortality of the soul, and she has left France and the world a rich inheritance in her works, so full of beautiful and sublime thoughts thoughts that will "roll on from soul to soul forever." Finney's compulsory education bill passed the Senate latt Tuesday by the casting vote of the presiding officer, but sections six and seven, providing for the visitation of private schools, were stricken out. It provides that school children who do not go to any other school, or who are not at home, must go to the public school for a certain time each year. The Santa ltosa Democrat says that Eugene Light has invented a grain sower which he attaches to an ordinary gang plow. The machine is complete and perfect. Its advantages are that it plows, sows and harrows the ground at one operation. It will put in from three and a half to four acres a day, and do the work well. Its motive power is four horses. Supreme Court Decisions. January term, 1874. youno vs. Bhinn [3,192]. State Lands—Certificate of Pur chase. —The provision in Section 4 of the act of March 18, 1808, that the certificateujf purchase of State lands shall be received as prima facie evi dence of title, applies to all such certificates issued after the act took eli'ect. Better Right to Title in Land. — Where two persons seek to acquire the title to the same land, one under the laws of the State, and the other under the laws of the United States, and both proceeded according to law, the one who first commenced proceedings to acquire the title has the better right to it. Appeal from the District Court of the Seventh Judicial District, Sono ma county. The action was eject ment, and the judgment having pass ed to the plaintiff, the defendant ap pealed therefrom and from an order denying a motion for a new trial. The other facts are stated in the opin ion. A. Thomas for appellant, Mel vill Johnson for respondent. Opinion of the Court [Young vs. Shinn, No. 3,l92—Filed March 18th, 1874] : The lands in controversy were selected on the part of the State, and a certificate of location was issued to the plaintiff in 1863; but as the lands had not been surveyed by the United States, the certificate was void. The official plat of the survey of the township was returned to the Register of the proper land office on the 28th of November, 1865, and on the 9th day of December, 1860, the plaintiff relocated the lands; and on the loth day of April, 1867, the lands in controversy were listed to the State. On the loth of April, 1870, the Register of the State Land Office issued to the plaint ill' a certificate of purchase, reciting there in that it appeared from the certificate of the County Treasurer, bearing date December 9th, 1865, that the plaintiff had paid twenty per cent of the pur chase money and the interest on the balance, etc. The defendant claims the premises as a part of his homestead claim, taken up under the act of Congress of May 20, 1862, and produced the receipt issued to him by the Register of the United States Land Office at San Francisco, dated December 18, 1865, for the fees required to be paid upon the filing of a homestead claim. The fourth section of the act of March 28, 1868 (Statutes 1867-8, p. 508), pro vides that the certificate of purchase "shall be received in any court of jus tice in the State as being prima facie evidence of title," and that provision is applicable to all certificates of pur chase issued after that act took effect. The certificate of purchase gave the plaintiff the right of possession of the premises, unless the proceedings on his part were rendered unavailing by the homestead claim of the defendant; and conceding that the latter proved that he had taken the requisite steps to acquire a homestead, and that it would be valid and entitle him to the possession, except for the proceedings taken by the plaintiff, the question presented is: which party acquired the better right—which party would ac quire the title, if each should there after proceed in the mode prescribed by law? The party who first com menced his proceedings to acquire the title has the better right. (Smith vs. Athem, 34 Cal., 506). The plaintiff relocated the land be fore the defendant filed his homestead claim, and that act secured him the better right to purchase the premises. Judgment and order affirmed. Rhodes, J. We concur: Crockett, J. McKINSTRY, J. NILES, J. Wallace, C J. NEWS ITEMS. Boston has one colored policeman. The total number of Granges is how said to be 11,000. Chicago pork packers have handled 1,483,830 hogs this season. Loafers are to be excluded from the Legislative halls of Wisconsin. A bill has been introduced into the Ohio Legislature to elect police otti cers. A man at Carlisle, Ky., was re cently lined $2 50 for shooting another man. Discoveries of State, county and mu nicipal frauds are said to average $500, --000 a day. A New York Arm has on exhibition a $40,000 diamond. Its weight is about 54 carats. The Board of Visitors of Michigan University say that the female students are fully equal to the male students in all their studies. An idea of the terrible nature of the India famine may be gathered from the fact that rice is selling at four cents per pound, which is exactly the price of a laborer's daily pay. Practcal Railroad Legislation. The Senate has now before it the Chamber of Commerce Railroad bill introduced by A'drieh—which passed the Assembly on Friday last, and it is to be hoped that it will neither be de feated nor choaked off by delay. This is the bill which establishes a Board of Railroad Commissioners, with such full authority for control of lines of transportation as is given by the Eng lish system and rather more than is accorded to a like Board under the new law of Pennsylvania. It is not open to the serious objections which are urged against bills arbitrarily and inflexibly establishing rates of fares and freights, while it tends to the at tainment of all the good results which could be hoped for from such enact ments. For this reason, as also for the further one that it is the best bill for railroad control which is now in shape for action in the limited time at the disposal of the Legislature, we hope to see it favorably acted upon without delay. After all the flurry over the import ant subject of fares and freights it seems likely that no practical results will be obtained during this session of the Legislature. The Irwin bill sleeps "on the table" of the Senate side by side with the Freeman bill. The action of the Senate yesterday practi cally kills the former measure. It will require a two-third vote to take up either bill now, and it will be next to impossible to secure such a vote. NUMBER 150. The Growing Crops. Farmers in different portions of Co lusa county represent the prospects for an unusually large crop of grain as very flattering. The Sutter Banner says: "A. N. Stevenson, one of our most enterpris ing farmers, has put in 640 acres of grain this season, 300 being Winter sown. He did the work with ten head of horses, two of which are colts broke in this winter. The crop is in splendid condition." A correspondent of the Chico Enter prise, March 20th, says : "The crops in Butte county are not looking well, and the continuous rains, cold nights and frosts have kept back the young grain, giving it a brown, dead appear ance, and in many places preventing its coming above the ground. A correspondent says of the crops around Santa Rosa: "We made a circuit of twenty-five miles around the fanning region lying west of Santa Rosa, along the Sebastapol road to the southward through Bluch Yalfcey via Sabastapol, the Laguna country and by the Redwood road home. There is more wheat in the ground than we ex- Fected to see after the continued rains, t looks healthy and vigorous. There will be through this section the usual amount of grain seeded, but vegetation is from a month to six weeks later than usual. Fruit trees have just bloomed, while upon more hardy growth the buds are just beginning to swell." The Marysvilfe Appeal says : "The following paragraph is afloat on the press wave: ' The crops in Sutter county are in sph ndid condition. Much of the grain crop Is so forward and rank that the farmers are turning their stock upon it to eat it down.' The crops in Sutter county generally speaking are quite backward. Though they present a healthy green they are not forward. There are however a few fields of barley, bordering on the tule lauds, which was growing so rank that about a hundred head of cattle be longing to Townsend & Co. were turned in to eat it down. The crops in Sutter county have improved rapidly since the change in the weather, and tho prospects for a full yield is flattering. The same is also true of crops in Yuba county." It is stated that the grain crop along the upper Sacramento is in splendid condition—equal to anything of the kind ever seen —and, unless some very unusual and unfavorable weather is experienced, the crop will be so large that the carrying capacity of the steamers and railroads will be taxed to their utmost. The Napa Reporter says the farming prospects about Calistoga are not flat tering the present season. But few of the farmers have any considerable por tion of their crops in, and the rains will make it very late getting much more grain sown. All that many ex pect is a good crop of hay and only a moderate yield of grain. The farmers in Pope valley have all got their crops in and are satisfied with the present prospect of an abund ant harvest. Nearl yall the valley is sown in grain this year, though what ground has been reserved for hay will, by its prosent appearance, turn off an abundance. The Catholics and Temperance. In St. Louis, recently, at the regular monthly meeting of the Father Mat thew Young Men's Total Abstinence and Benevolent Society, tho Rev. Father Donahue made a few remarks on the subject of temperance. He said : "I am very thankful for tho very great honor you have done me, by a very cordial invitation to address you. lam surprised and highly edified to see so many defenders of the virtue of temperance before me. I did not think your body was so numerous and vigorous. I regret very much that I can have but little to say. I would not undertake to say much on the sub ject of temperance without prepara tion, and as this isthelast day of our Holy Mission, I have time to sny but a word or two. There are a few simple points that you ought always keep be fore you. One of these is that intem perance is a mortal sin and that tem perance is the command of God. When we violate this express and arbitrary order we are disobedient, and wilfully so, and guilty of a great sin. Yours is a total abstinence society, and there is a great difference between that and temperance. The former stands much higher in the sight of God. Temper ance is not a mere stone in the build ing—it is one of the mighty pillars in the edifice of morality. It is, I might say, the keystone of the arch. Intem perance is the mo9t prolific source of evil incident to human life. It is the parent of murder, robbery, theft, and all the offences known in the calendar of crime. Among my daily visits with poor Christians I find drink to be the root of all their evils. When a man is drunk he is apt to commit crime. His tendencies are that way, and if he does not actually commit wrong, it is because it does not come in his way. The drunken man who commits murder is just as amenable to God as if he did it in his sober mo ments. The pillars of our Church rest upon temperance. If there is anyone here who has been addicted to drink, and who is familiar with the terrible evils that grow out of a passion for strong driuk, his experience will teach him there is no morality and no religion without temperance. I hope you will continue to maintain the great interest which you now seem to manifest in the cause. None of you are saints, but I respect you for your abstinence, and when I shall go else where I shall refer to you with pride, and as a model for the imitation of other societies. A Very Powerful Speaker. A special dispatch to the San Fran cisco Chronicle dated at Nevada (Cal.), March 24th, says: Last night the so called Dr. Haskell held forth at the theater. After commencing his lec ture he took occasion to grossly insult a young lady in the audience, who, he said, was whispering. He was hissed and prevented from proceeding for nearly half an hour. Most of the ladies left the theater. The excitement be came intense, and it was with great difficulty that the police, with the as sistance of the Sheriff' and the min isters of the Methodist and Congrega tional Churches, prevented a serious riot. The Doctor apologized and begged pardon in the most abject manner. One policeman captured five dozen of eggs.