anaheim-gazette 1872-08-10

Southern California BATURDAY...AUG. 10, 1872 L. P. FISHER, 29 and 21 New Merchants' Exchange, is our authorized Agent in San Francisco FOR CONGRESS. FOURTH CONGRESSIONAL DISTRICT. E. J. C. KEWEN; OF LOS ANGELES. KEWEN FOR CONGRESS. We loist this week the name of Col. E. J. C. Kewen, for Congressional Representative from this District. We do this not as a political preference, but as a matter of local interest for Southern California, and from a profound personal regard for the high character and eminent qualifications of the candidate. We believe that the welfare of this part of the state would be promoted by having in the National Councils a man who lives here, is thoroughly identified with our interests and is emphatically one of us. With Col. Kewen at Washington it would be a moral certainty that every measure which could benefit this section of country would be pressed vigorously upon the attention of the Government and carried if possible. Besides this, the abilities and high standing of Mr. K. are such as would honor the choice of his constituents, and his presence among the great men of the Nation would add another laurel to the already brilliant reputation of our county abroad. Anterior to the formal Federal Constitution, a constitution had prevailed in not in all of the States, we ened, the confidence of men and embarrassed all traitors between individuals, by with a faithful performance engagements. To correct chiefly by restraining them which produced it, the Statutes were forbidden to impairing the obligation tracts; that is of contractual property, under which so dual could claim a right thing beneficial to his clause in the Constitution confined and ought to be to cases of this description mouth College v. Wood Wheaton 518]. In the case of the distinguished Chief maintains that the provision Constitution never has been stood to embrace other than that which respects or some object of value rights which may be assured court of justice. The author agree that the contract to be protected by the term of the first article of the Constitution, (and they are applicable to the similar State Constitution) are by which perfect rights, on finite, mixed private right property are vested [Seductory and Constitutional 618. Butler v. Pennsylvania Howard—416.] These are distinguishable from others undertaken by the Statement for the benefit of which from necessity may or discontinued as the prerequisite. [Id.] In Butlersylvania 10th Howard—in which the constructive clause in the Federal Code was elaborately discussed. LITIGANT PRINTING. A number of journalistic quacks in this state sustained a precarious existence for a time, by extortions practiced upon the people under cover of the infamous "Litigant Act." On the report of this act, last winter, these so-called newspapers, suddenly found themselves without an occupation, and fast verging upon bankruptcy from the want of a legitimate business support. Upon the loss of their accustomed pap, they of course howl dismally, and now endeavor to humbug the public into a belief that they still have some claim to the litigant printing on the pretext that their appointment by the District Judges as litigant organs constituted a contract with such papers, and gave them a species of franchise for such patronage, which terminated only with the official term of the appointing Judge. This absurd claim of course never had any foundation, and was not believed by the parties attempting to palm it upon the people, but if they could only by its means frighten timid ones into still giving them their litigant patronage it would have just as good an effect as a valid claim, and the scarecrow would thus answer every purpose of a real soldier. To show how utterly groundless was this pretext, we copy some legal opinions on the subject which are given through the columns of the Havilah Miner, by the Hon. A. C. Lawrence, District Attorney of Kern Co., Creed Haymond Esq., one of the most eminent lawyers in this state, and Hon. Wm. C. Wallace, one of our District property are vested [Seductory and Constitution 618. Butler v. Pennsylvania Howard—416.] These are distinguishable from other undertaken by the Statement for the benefit of which from necessity may or discontinued as the party requires. [Id.] In Butler sylvania 10th Howard—in which the constructive clause in the Federal Code was elaborately discussed "The selection of officer-nothing more than age-effectuating of such public is matter of public concernness, and so too are for the appointment of such but neither the one nor those arrangements to constitute any obligation to coagents, to or re-appoint the measure which brooks into being shall have useless, shall have been shall have been abrogated detrimental to the well be public. The promised care for services actually performed, during the particular agency, merely be claimed both times of compact and of to insist beyond this situation of a public policy less or detrimental, and ward for acts neither performed, would appear conceivable with neither justice nor common sense establishment of such a would arrest necessarily like progress or imprisonment; no change ventured upon, the would have to become a pension establishment or quarter a host of sincerely. The Litigant Act of the measure of public police rights and privileges are it are not protected from interference by any of the Federal or State Court. A case involving the ciple arose and was deed April term, 1872, of the Court. R.Augustus Thythe appointment of Rep Supreme Court for the years, about two years term had not expired Legislature repealed that which the appointment The Act under which appointment provided should deliver to the price fixed, a certain number of the reports, are would thus answer every purpose of a real soldier. To show how utterly groundless was this pretext, we copy some legal opinions on the subject which are given through the columns of the Havilah Miner, by the Hon. A. C. Lawrence, District Attorney of Kern Co., Creed Haymond Esq., one of the most eminent lawyers in this state, and Hon. Wm. C. Wallace, one of our District Judges. The Dist. Atty. of Kern Co., had given a large amt. of litigant patronage to the Havilah Miner, and the question being raised he immediately made a most thorough and exhaustive research into the matter, the results of which are best stated in his own words: He says: I immediately wrote to several of the most distinguished lawyers in California, for their opinions; not one of whom but what emphatically announce it as a conclusion of law; that the appointment of a newspaper by a District Judge, as the litigant paper of a county, under the Litigant Act, constituted no specises or kind of contract, as was meant or intended to be meant, in the section of the Constitution relied upon by the late litigant papers claiming and demanding now the county printing in the various counties of the State—that a contract can be made only with a person natural or artificial, never in rem—that the Legislature by an Act created and made the office (or at most a franchise) of county litigant paper, and had the perfect right and power to repeal that Act any time, and with the repeal the office (or if franchise) ceased and ended. Creed Haymond says: interests to the formation of the General Constitution, a course of legislation had prevailed in many if not all of the States, which weakened the confidence of man in man by embarrassed all transactions between individuals, by dispensing with a faithful performance of enments. To correct this misunderstanding, by restraining the power which produced it, the State Legislatures were forbidden to pass laws, impairing the obligations of conventions that is of contracts respectingerty, under which some individual could claim a right to something beneficial to himself—the same in the Constitution may be denied and ought to be confined cases of this description.” [Dartmouth College v. Woodward 4th Patent 518] In the same case distinguished Chief Justice maintains that the provision of the constitution never has been undermined to embrace other contracts that which respects property some object of value and confer as which may be asserted in a suit of justice. The authorities all agree that the contracts designed are protected by the tenth section of the first article of the Federal Constitution, (and they are alike applicable to the similar clause in State Constitution) are contracts which perfect rights, certain deeds, mixed private rights of property are vested [Sedgewick on History and Constitutional Law—Butler v. Pennsylvania, 10th Court—416.] These are rights unguishable from engagements pertained by the State Government for the benefit of all, and such from necessity may be varied discontinued as the public good interests. [Id.] In Butler v. Pennsylvania, 10th Howard—416, a case which the construction of the case in the Federal Constitution elaborately discussed it is said: into existence and created the “Litigant paper for Kern county,” and with the repeal of that Act all legal necessity or requirement to publish official and legal notice in the “Kern County Courier” ceased, and that the law in force governing the form and manner of publishing legal notices prior to the passage of the “Litigant Act” in 1870, is now in full force and effect. I hope that no citizen will be deterred from purchasing any property advertised for sale simply because the notice of sale has not been published in the “Kern County Courier.” A. C. LAWRENCE, District Attorney, Kern Co. Our people can thus see that from the opinions of the most eminent legal minds, and former supreme court decision, upon exactly the same principle, the News has no longer any claim to any preference over other papers, and that there is perfect safety in giving their litigant patronage to their local paper. The Railroad Question. Ed. Southern California. — Last week I gave to your readers a statement of facts, relating to this matter, and an examination of the ordinance passed by the Board of Supervisors, calling for a vote for or against the subsidy, will show that in every case my statement was strictly correct, except that the total amount of the bonds to be given was $385,000 instead of $375,000 at the time I wrote, the exact amount of the assessment was not known, and I did not attempt to speak positively on that point. I am quite confident that an exa- our best chance for a railroad, and that this subsidy must be given to get it; we are bound to win this fight, and the railroad will be built. Railroads are the emblems of modern progress; and the silly fool who endeavor with their piny strength to check the irresistible progress of the Locomotive will be crushed as pitilessly and relentlessly as are the ignorant and degraded victims of superstition, under the wheels of the terrible Jagermans. Wm. R. Olden. The greatest proof that the Payne Brothers are the only thorough carriage painters in town is the fact that both of our wagon shops give them their exclusive patronage, for two reasons: first that they do the very best work, and second, because they are always cheaper than any other firm. New Advertisements. E. J. C. KEWEN. JAMES G. HOWARD. KEWEN & HOWARD Attorneys at Law; ROOMS 8, 9 AND 10. DOWNEY'S BLOCK, CORNER OF Main and Temple streets, [up stairs] Los Angeles. CHAS. G. JOHNSTON, Att’y. and Counsellor at Law, AND LAND BROKER, OFFICE, Center st., ANAHEIM, with Justice Kehler. NOTICE TO HUNTERS! All persons, hunters, bee-hunters and others, are hereby cautioned against hunting bees or games on the Santa Margarita aux Mission Vieja Ranchos without permission from the undersigned. Any person so trespassing will be held responsible for any damage from fires, an are vested [Sedgewick on tory and Constitutional Law— Butler v. Pennsylvania, 10th Hoard—416.] These are rights enguishable from engagements ortaken by the State Government for the benefit of all, and both from necessity may be varied discontinued as the public good wires. [Id.] In Butler v. Pennsylvania, 10th Howard—416, a case which the construction of the case in the Federal Constitution elaborately discussed it is said: the selection of officer-, who are being more than agents for the establishing of such public purposes, better of public convenience or essity, and so too are the periods of appointment of such agents; neither the one nor the other none arrangements can constinue any obligation to continue such acts, to or re-appoint them, alter measure which brought them to being shall have been found less, shall have been fulfilled, or will have been abrogated as even imimental to the well-being of the public. The promised compensation services actually performed and applied, during the continuance of particular agency, may undoubtedly be claimed both upon princidium of compact and of equity; but insist beyond this on the perpetion of a public policy either useor detrimental, and upon a read for acts neither desired nor formed, would appear to be resailable with neither common sense. The establishment of such a principle should arrest necessarily every thing in progress or improvement in government; no changes should be furnished upon, the government would have to become one great vision establishment on which to arter a host of sinecures. The Litigant Act of 1867-8 was a measure of public policy, and the rights and privileges arising out of it are not protected from legislative interference by any provision of Federal or State Constitution. A case involving the same prindoose and was decided at the third term, 1872, of the Supreme Court. R.Augustus Thompson, held the appointment of Reporter of the Supreme Court for the term of four years, about two years of which he had not expired when the legislature repealed the Act under which the appointment was made. The Act under which he held his appointment provided that he would deliver to the State, at a price fixed, a certain number of volumes of the reports, and contained Supervisors, calling for a vote for, or against the subsidy, will show that in every case my statement was strictly correct, except that the total amt of the bonds to be given was $385,000 instead of $375,000; at the time I wrote, the exact amt. of the assessment was not known, and I did not attempt to speak positively on that point. I am quite confident that an examination of the list of the signers of the Petition favoring the railroad, will show that the names there written represented at least three-fifths of the taxable property of the county, and had there been time to obtain them, the representatives of a large portion of the remainder would also have signed. The signatures to the Protest were obtained by misrepresentations, which were made either willfully or through ignorance. Every one of them stated that the $150,000 of railroad stock was in addition to the five per cent on the assessment: this evidences a state of pitiable ignorance, or willful falsehood, as it was impossible for us to give more than the five per cent; others were induced to sign, by being told that they would be obliged to pay five per cent of their property, every year, for the next twenty years; in short no means were spared to mistify, and deceive the people. The ordinance as passed, and accepted by the Railroad Company, not only binds them to build the 75 miles of road, but to connect within a stated time, these roads with San Francisco and Fort Yuma, which will require them to construct not less than 460 miles of railroad, which they contract to do for and in consideration of our subsidy. Objection is made on account of the time demanded, to construct these roads, in reply I will say that if Stanford & Co., (a company noted for rapidity of construction) require so much time, how long would it take a company not yet organized, and which may never be? Some of our children might live to see such a road, but I don't expect The State does not purport to take a contract for the publication of the legal and other advertising. The action of the Judge is a judicial. If it is a contract a repeal of the act would not affect the legitimacy or duration of the contract. No one will contend that if this act was repealed that either the paper the proprietor would have a right not affected by the repeal. In conclusion Mr. Lawrence says: I assume and rest upon the broad principle that the Legislature has repealed the Act which brought objection made on account of the time demanded, to construct these roads, in reply I will say that if Stanford & Co., (a company noted for rapidity of construction) require so much time, how long would it take a company not yet organized, and which may never be? Some of our children might live to see such a road, but I don’t expect to. Anonymous writers may find it prudent to make infamous charges against others from their concealment, but they do not excite any intense admiration on my part, for the courage they display in doing; there is a certain class of persons who never do anything with out the certainty of an immediate reward, and who cannot understand the possibility of any one doing a disinterested action, consequently knowing that they would be only too glad to sell themselves if they had an opportunity—it is natural for them to suppose that others would do the same. To those men who never gave an hour of their time or spent a dollar of their money to benefit this county, I will say, that I have done both, and that it has been done without the hope or expectation of reward. Since I have lived in this county, I have employed my best efforts to aid in its improvement and development. I intend to continue these efforts, when I am satisfied that I am right; the opinions of the ignorant, and prejudiced are a matter of indifference to me; I know that this is Advertising is the Oil which wise men put their Lamps," —Modern Proo. L. P. FISHER, Advertising Agent, Rooms 20 and 21 MERCHANTS' EXCHANGE CALIFORNIA STREET, SAN FRANCISCO SOLICITIONS ADVERTISING AND SUBSCRIPTION the M. UTHERN CALIFORNIA, and papers published in California, Oregon and New Washington, Utah Idaho Montana, Colorado, Arizona and adjacent Territories Sandwich Island the British Possessions, Mexican Porta, Nicaragua Panama, Valperico, Japan and China; New Zealand and the Australian Colonies, the Atlantic States and Europe. ADVERTISING Has created many a new business; Has enlarged many an old business; Has revived many a dull business; Has rescued many a lost business; Has saved many a falling business; Has preserved many a large business; And insures success in any business. GIRARD’S SECRET—Stephen Girard used to In his old age: "I have always considered taking liberally and long to be the great medal of success in business, and the prelude to wear And I have made it an invariable rule to ad-time in the dailest times as well as the bus-long experience having taught me that me thus spent I well laid out, as by continually k-ing my business before the public it has seen many sales that I otherwise would have lost." Advertise your Business. Keep your Name before the Public Judicials Advertising will Insure a B-time. If Business is Dull, Advertise. If Business is Briak, Advertise. The man who didn’t believe in advertises has gone into partnership with the Sheriff, that official does the advertising. General Merchandise. AGNESI TURAL MACHINERY, HELMANN & GEORGE AGENTS FOR. Haines Headers, Russell's Threshers and Tornado Threshers Woods Howers & Reapers, The World Mowers & Reapers, Buckeye Mowers & Reapers, Ohio Mowers & Reapers. Always keep on hand a large supply of Farming Utensils, Hardware, Etc., ALSO, Dry Fire Wood Miscellaneous. THE OLDEST ESTABLISHED BUSINESS HOUSE ANAHEIM. LANGENBERGER & CO. DEALERS IN Agricultural Implement Machinery, Hardware, Grocery, Grease Wines, Liquors Etc. All kinds of Country produce purchased such as: HIDES, WOOL, CORN, BARLEF, BUTTRR AND EGS One Stock of Native Wines. Cannot Sparmied. Lumber of all kinds, at our yard in Anaheim, and at Anaheim Landing. GOODMAN & RIMPAI HAVE JUST RECEIVED A FULL AND CARRIED stock of French and Japanese Silks, Plain Dry Fire Wood HEIMANN & GEORGE, LOS ANGELES STREET, ANAHEIM. GOODMAN & RIMPAI HAVE JUST RECEIVED A FULL AND CARRIED Selected stock of French and Japanese Silks, Plain and Striped. DOLLY VARDENS, In Worsteds and Cloth. Naimsoeks, Plain and Figure Marseilles & Lace Trimming A FULL LINE OF Sash, Silk and Velvet Ribbons, DelVarden Calicoes, Lace and Embroideries, Parasols, Lace Curtains, Notions and Fancy Goods. IN THE CLOTHING LINE Suits for Men and Boys, Straw Hat Boots and Shoes, Quilters and Slipper MISSES AND INFANTS BOOTS, AND SHOES. Marseilles Quilts, Musquito Netting Our present Stock is so Complete that it is the most impossible to enumerate every article. Examine our Stock! We sell Cheapest Restaurants, Etc. CHALLENGE RESTAURANT RICHARDS & MARCOPICH, Proprietors. LOS ANGELES St., Next Enterprise H. ANAHEIM. THE PROPRIETORS HAVE ACQUIRED. THROUGH years of experience, a thorough knowledge of a Restaurant ought to be conducted, and I pledge themselves to keep a Restaurant whiche point of excellence, cannot be excelled in any of the State. Pine Wines, Ale and Porter, Oysters, Cream, and all the Deliables and Fruits of the Season. BOARD BY THE DAY, WEEK MONTH. OCEAN HOUSE ANAHEIM LANDING Always Keep on Hand a full Supply of the Best Family Greceries. Provisions, Hardware, Tobacco, CROCKERY WARE, DRY GOODS, Clothing, Boots, Shoes, Hats, Etc.