anaheim-gazette 1883-04-28

WEEKLY GAZETTE. Published every Saturday. Richard Melrose, EDITOR AND PROPRIETOR. TERMS OF SUBSCRIPTION: One Year $200 Three months SPECIAL ANNOUNCEMENT. We offer the Gazette in combination with the American Agricultural for $3 a year cash in advance, which includes postage on both. In addition, we will send free to every person who takes both papers, a magnificent Plate Engraving of Dupree's last great painting, "IN THE MEADOW," now on exhibition in New York, and offered for sale at $5000. The eminent Artist, F.S. Church, writing to a friend in the country last October, thus alludes to this picture: I was delighted this morning to see offered as a premium a reproduction of a very beautiful picture, "In The Meadow," by Dupré. This picture is an educator. This superb engraving (17) by 12 inches, exclusive of wide border is worth more than this cost of both Journals. It is mounted on heavy plate paper, and sent securely packed in tubes made expressly for the purpose. When to be mailed, 10 cents extra is required for packing, postage, etc. DECISIONS. MUNICIPAL LIABILITY — Where a vicious was constructed in the street of a city so as to injure the approaches to a lot and deprecate its value, held that the city was liable to the owner for damages — Bigney vs. City of Chicago, Supreme Court of Illinois. BILLS OF LADING. Bills of lading fraudulently issued by an agent having authority to issue bills of lading, and upon which DECISIONS. MUNICIPAL LIABILITY — Where a vadnet was constructed in the street of a city so as to injure the approaches to a lot and depreciate its value, held that the city was liable to the owner for damages — Bigney vs. City of Chicago, Supreme Court of Illinois. BILLS OF LADING — Bills of lading fraudulently issued by an agent having authority to issue bills of lading, and upon which money has been advanced in good faith, are binding upon the principal — Stoux City and Pacific Railroad Company vs. First National Bank of Fremont, Supreme Court of Nebraska. ALTERATION OF NOTE — The maker of a note may set up as a defense the alteration of such note after its execution, although he made declarations to the purchaser of the note that it was all right and there were no defenses to the same, if at the time of making the declarations, he had no notice of the alteration. — Koona vs. Davis, Supreme Court Indiana. BREACH OF CONTRACT — The damages for which one may be held liable in a contract to furnish certain articles or perform certain things are such as flow directly from his own default, and which it is reasonable to suppose were within the contemplation of the parties on their entering into the contract. — Wetmore vs. Pattison, Supreme Court of Michigan. INDORSEMENT — An indorsement in these words on a draft, "P.S.V. White or order for account Miners' National Bank, Georgetown, Colorado," signed by the President of the bank was not ambiguous and needed no explanation, either by parol or resort to usage. The plain meaning of it is that the acceptor of the draft is to pay it to the indorseer for the use of the indorser. If White paid his money as purchase money of the drafts he paid it without any consideration, for he did not purchase the draft and he may rescover his money back — White vs. Miners' National Bank of Georgetown, Supreme Court of United States. INSOLVENT CORPORATIONS — The capital stock of a corporation constitutes a trust fund for the benefit of the general creditors of the corporation. The governing officers of a corporation can not by agreement or other transaction with the stockholder release the latter from his obligation to pay to the prejudice of his creditors, except by fair and honest dealing and for a valuable consideration. The capital stock is publicly pledged to those who deal with the corporation. Unpaid stock is as much a part of this pleige and as much a part of the assets of the company as the cash which has been paid in upon it. Creditors have the same right to look to it as to anything else, and the same right to insist upon its payment as upon the payment of any other debt due to the company — County of Morgan, Illinois. RECLAIMING GOODS BEFORE DELIVERY — The right to stop goods in transit because of any failure to comply with the contract is ended when the goods reach their destination and are stored by the carrier as the agent of the purchaser. The Mason & Hamlin Organ Company sold at Chicago to one Peck, at Waverly, Iowa, two organs upon time, and shipped them by the Illinois Central Railroad late in December, 1879. The organs were unloaded at Waverly and stored in the warehouse for Peck, and about the 1st of January, Peck was compelled to suspend business because of insolvency. One Clapp, a creditor, attached the organs, and the organ company intervened in the action to reclaim property and recovered judgment. On appeal it was held that an unpaid vendor has the right to reclaim goods while in transit; and the right continues until there is an actual or constructive delivery of the possession to the purchaser. If upon the arrival of the goods at their destination they are stored in a warehouse by the carrier, as the agent of the consignee, the vendor's right of stoppage is terminated. — Clapp vs. Peck, Supreme Court of Iowa. STOCK SUSPENSION — The subscriber to the stock of a corporation is liable for all the unpaid installments, and he cannot escape this liability by assigning his stock, though the assignment is made with the approval of the officers of the corporation. In this case a bank became insolvent and its assignee brought an action against a stockholder for the unpaid installments of 75 per cent. He had assigned his stock, with the consent of the directors, before he knew of the insolvency of the bank. The Court said: "Why the stockholder should be discharged from his contract by the mere fact of his assignment of it to a third party, has not been made clear to us. The assent of the bank officers to the transfer does not help the matter, for the transferee did not assume LIFE INSURANCE. Although it would be competent for a life insurance company to contract with the insured that, in case they issue more than one policy on his life, separate proofs of death shall be issued on each policy, yet where there was no such contract, the policy merely providing for the payment of the sum thereby insured "in sixty days after due notice and proof of the death" of the insured; the plaintiff having once made such proof under another policy of the same company calling for the same mode of proof, a demand that it should be repeated is unreasonable as well as foreign to the contract between the parties. Girard Life Insurance Company vs. Mutual Life Insurance Company of New York, Supreme Court of Pennsylvania. SURETY. A surety is discharged from liability on a promissory note by a diversion or misapplication of the note by the principal, without the consent of the surety, from the purpose to which the latter was induced to execute it. An indorsement of an apparent credit upon the back of a note by the maker before delivery to the payee without the knowledge of the surety, is such an alteration of the note as will discharge the surety. Johnson va. May, Supreme Court of Indiana. When the defense is set up that the party sued is only a surety, and the fact of his surety does not appear from the instrument signed by him, he must, in order to derive any advantage therefrom, prove that the creditor has knowledge of the suretyship through the assignment is made with the approval of the officers of the corporation. In this case a bank became insolvent and its assignee brought an action against a stockholder for the unpaid installments of 75 per cent. He had assigned his stock, with the consent of the directors, before he knew of the insolvency of the bank. The Court said: "Why the stockholder should be discharged from his contract by the mere fact of his assignment of it to a third party, has not been made clear to us. The assent of the bank officers to the transfer does not help the matter, for the transferee did not assume the unpaid installments of the stock subscription, neither was the stockholder thereby released. The capital stock of a corporation is a trust fund for the protection and benefit of creditors, and this extends to the entire amount of stock subscribed."—Messersmith vs. Sharon Savings Bank, Supreme Court of Pennsylvania. WORK WITHOUT MERIT. A literary cipherer some time since endeavored to make an estimate of the number of different books there were in the world and as a result of his stupendous undertaking he now announces that in all the private and public libraries of the globe there are only 2,500,000 different volumes. If this same man had devoted that time to hunting up Dyspeptica and sufferers from Dropay, Sick Headache, Costiveness, Biliousness and Lost Appetite and suggested to them the necessity of using Swayne's Pills his work would have been more meritorious. FREE OF COST. All persons wishing to test the merits of a great remedy—one that will positively cure Consumption, Coughs, Colds, Asthma, Bronchitis, or any affection of the Throat and Lungs—are requested to call at Higgins' Drug Store and get a Trial Bottle of Dr. King's New Discovery for Consumption, free of cost, which will show you what a regular dollar-size bottle will do. AN Old Man's Belief. Have used Parker’s Ginger Tonic for my bad cough and hemorrhage I had twenty-five years. I feel like another man since I used it. Am 66 years past. Believe it sure to cure younger persons. Orner, Highspire, Pa. SWAYNES DINTMENT THE GREAT CURE FOR ITCHING PILES Symptoms are moisture, stinging, itching, worse at night, seem as if pinworms were crawling about the rectum; the private parts are often affected. As a pleasant, economical and positive cure, SWAYNES DINTMENT is superior to any article in the market. Sold by druggist, or send 50 cents in Sept. Stamp 3 Boxes, $12s. Address, Dr. Swayne & Son, Phila., Pa. Pacific Coast Steamship COMPANY. GOODALL PERKINS & CO. General Agents, San Francisco NORTHERN ROUTES. STEAMERS LEAVE SAN FRANCISCO For Wrangle, Sitka and Harrisburg, Alaska; and Nanaimo and New Westminster, B.C., as advertised in San Francisco newspapers. For Victoria, Port Townsend, Seattle, Tacoma, Steilmann and Olympia on the 16th, 20th and 30th of each month, except when these dates fall on Sunday. Steamers leave one day earlier! For Astoria and Portland, April 1st and every three days thereafter. For Kureka, Aresta and Houston, every Wednesday from Point Aransas, Coffey Lake, Little River, Whittierboro, Mendocino City and Noyonsvery Monday. BANK OF ANAHEIM. CAPITAL STOCK, $100,000.00. PLEZ JAMES...President G. B. SHAFFER...Secretary BOARD OF DIRECTORS: E. F. SPENCE, W. H. MABURY, W. K. JAMES, S. H. MOTT, P. JAMES. This Bank receives Deposits, Loans Money, Buys and Sells Exchange and Currency, makes Collections and transacts a General Banking Business. CORRESPONDENTS. First National Bank, Los Angeles Farmers and Merchants Bank, Los Angeles Pacific Bank, San Francisco First National Bank New York. DRAFTS, LETTERS OF CREDIT OR POSTAL orders issued on banks in the principal cities in all European countries. Tickets entitling the holder to passage from New York to the several ports of England, France or Germany, or from any port in those countries to New York, via the Hamburg American Market Company; sold at regular rates. Return tickets is a reduction. Certificates entitling the holder to passage on railroad from San Francisco to New York, or vice versa, issued at the established rate. Persons in Analogue or reliably desiring to send to any port in the countries named for any relative or friend can purchase tickets here and forward them to the proper person by mail. FIRST NATIONAL "THE STEARNS ALFRED ROBINSON 120 Sutter St., San Land for Sale in SUITABLE FOR THE C Oranges, Lemons, Limes, Fiqs, Almonds, W Alfalfa, Corn, Rye, Barley, Flax ALSO MANY THOUSANDS Natural Evergreen Pastures, GOOD WATER is abundant at an average On almost every acre of this land Flow obtained, and the more elevated portions can be irrigated by the water of the Most of these lands are naturally Moist to produce crops. TERMS: One-fourth cash; balance in one, two or three years in showing these lands to parties seeking land who are for purchasing elsewhere. Dr. CLARK Indian B Cures all diseases of Bowels, Kidneys, Millions testify that ing the above name nounce it to be BEST REMEDY Guaranteed to AGENTS Laboratory 77 W. 3d St, New Y FIRST NATIONAL BANK OF Los Angeles. PRESIDENT: E. F. Spence. CASHIER: W. Lacv. EUREKON FAVORITE REMEDIES! Eurekon Headache & Neuralgia A speedy cure for headache, neuralgia, rheumatism, sitation, gout, lumbago, etc. Positive cure for neuralgia in the head or face in three hours. Cures headache in one hour; rheumatism in six hours. Price sample package 23 ets; large box $1 by mail. Eurekon Hamburg Anti-Bilious Powders. The great blood purifier a mild and pleasant exhilarate, and a positive cure for constipation. Sample packages 10e., large box 25e. by mail. Eurekon Petroleumized Carbolic Camphor Cream. A perfect family ointment and an indispensable requisite for the toilet, far superior to cold cream, cosmetics, etc. Cures Nasal Catarrh in Indian Banks Cures all diseases of Bowels, Kidneys, Millions testify that the above name nounce it to be BEST REMEDY Guaranteed to Agent Laboratory 77 W. 3d St. New York Dear Sir I was troubled with Dyspepsis and kind of medicine and doctors, but found no reh which has effected a perfect cure. Harper's Weekly. ILLUSTRATED. Harper's Weekly stands at the head of American illustrated weekly journal by its unparalleled position in politics, its admirable illustrations, its carefully chosen serials, short stories, sketches, old environs contributed by the foremost artists and authors of the day, it carries instruction and entertainment to their sands of American homes. It will always be the aim of the publisher to make Harpers Weekly the most popular and attractive family newspaper in the world. HARPER'S PERIODICALS. Per Year: HARPER'S WEEKLY 24.00 HARPER'S MAGAZINE 4.00 HARPER'S BAZAR 1.00 The THREE above publications 10.00 Any TWO above named 7.00 HARPER'S YOUNG PEOPLE 1.50 HARPER'S MAGAZINE 5.00 HARPER'S YOUNG PEOPLES 5.00 HARPER'S FRANKLIN SQUARE LIBRARY. One Year of Numbers. 19.00 Postage Free to all subscribers in the United States or Canada. The volumes of the Weekly begin with the first Number for delivery of each year. When no time is mentioned, it will be understood that he subscriber wishes to communicate with the Number later after the receipt of order. The last Four Annual Volumes of Harper's Weekly, in most cloth binding, will be sent by e-mail, postage paid, or in express, treasured expense provided the freight does not exceed one dollar per volume, for $7 per jumbo case for each volume suitable for binding, will be sent by mail, postpaid on receipt of $1.00 each. Remittances should be made by Post Office Money order or letter to a voucher of less. News papers not to copy this advertisement without the express order of Harper's Brothers. Address: HARPER A BROTHERS, New York. Our Spring and Summer Price-List No. 23, has made its appearance—improved and enlarged. Over 200 pages. Over 3,000 illustrations. Contains quotations, descriptions and illustrations of nearly all articles in general use, from Adam and Eve to Sitting Bull and Mrs. Langtry. It costs us 25 cents for every copy we mail—nearly $50,000 per annum. It makes our hair red to think of it. We should have the cost of production. The book is full of brains. Send for it, and enclose 25 cents—anything or nothing—Let us hear from you. Respectfully, MONTGOMERY WARD & CO. 827 & 299 Wabash Avenue, Chicago, Ill. FRAZER AXLE GREASE. Best in the World. Get the genuine. Every package has our trade mark and is marked Frazer's. SOLD EVERYWHERE. IS A SURE CURE for all diseases of the kidneys and LIVER It has speciation on this most important organ, enabling it to throw off or mildly in infection, stimulating the healthy secretion of the Bile, and by keeping the bowels in free condition, collecting its regular discharge. Malaria. If you are suffering from malaria have the chills, are bilious, dyspeptic, or constipated, Kidney-Wort will rarely relieve and quickly cure. In the Spring to cleanse the System, every one should take a thorough course of it. SOLD BY DRUGGISTS. Price $1. HOSTETTER'S CELEBRATED STOMACH BITTERS What the great restorative, Hostetter's Stomach Bitter, will do, must be gathered from what it has done. It has effected radical cures in thousands of cases of dyspepsia, bilious disorders, intermittent fever, nervous affections, general debility, constipation, sick headache, mental despondency; and the peculiar complaints and disabilities to which the feeble are so subject. A speedy cure for headache, neuralgia, rheumatism, sitation, gout, lumbago, etc. Positive cure for neurasia in the head or face in three hours. Cures headache in one hour; rheumatism in six hours. Price sample package 23 cents; large box $1 by mail. Eurekon Hamburg Anti-Bilious POWDERS. The great blood purifier a mild and pleasant cathartic, and a positive cure for constipation. Sample packages 10c., large box 25c. by mail. Eurekon Petroleumized Carbolic CAMPHOR CREAM. A perfect family ointment and an indispensable requisite for the toilet, far superior to cold cream, cosmetics, etc. Cures Nasal Catarrh in 3 minutes—smuffled into the nostrils. In neat glass jars, enclosed in a handsome box; price 25c. by mail, postpaid, to any address. Eureka Favorite Family Remedies are for sale by Druggists generally or as the LABORATORY. Vallcjo Pharmacy! VALLEJO, CA. J. J. MACK & CO., WHOLESALE DRUGGISTS No. 11 Front St., San Francisco, Cal. WHOLESALE AGENTS. ELECTION PROCLAMATION! NOTICE IS HEREBY GIVEN TO THE QUALITY RIGHTS OF THE Town of Anaheim that in accordance with the provisions of an Act of the Legislature, approved March 18th, 1878, and entitled an Act to incorporate the Town of Anaheim, an election will be held on Monday, April 30th, 1883. At the Town Hall of the Town of Anaheim, for the election of the following officers: Five Trustees, One Assessor, One Clark, One Marshal, One Treasurer, One Justice of the Peace To serve for the ensuing year and until their successors are elected and qualified. John Hanna is hereby appointed Inspector, and Frank Ev and J.W. Hartman Julges of said election. The election shall be conducted as far as possible in accordance with the general election laws of this State. By order of the Board of Trustees. RICHARD WELROSE, Town Clerk Anahale April 4th, 1882 MOORE'S REMEDY FOR POISON OAK And other Skin Diseases. The only PREVENTATIVE And certain cure Sold by all druggists. REDINGTON & CO. General Agents, San Francisco. STEARNS RANCHOS." RED ROBINSON. TRUSTEE 120 Sutter St., San Francisco. For Sale in Lots to suit. SUITABLE FOR THE CULTURE OF Limes, Figs, Almonds, Walnuts, Apples, Peaches, Pears, Corn, Rye, Barley, Flax, Ramie, Cotton, Etc. ALSO, MANY THOUSAND ACRES OF green Pastures, suitable for Dairying. is abundant at an average depth of six feet from the surface. ery acre of this land FLOWING ARTESIAN WELLS can be more elevated portions can be by the water of the Santa Ana River. lands are naturally Moist, requiring only good cultivation R. J. NORTHAM. Anaheim, Los Angeles County, Cal. CLARK JOHNSON'S Indian Blood Syrup tures all diseases of the Stomach, Liver, bowels, Kidneys, Skin and Blood. Millions testify to its efficacy in healing the above named diseases, and pronounce it to be the BEST REMEDY KNOWN TO MAN. Guaranteed to cure Dyspepsia. AGENTS WANTED. 177 W. 3d St, New York City. Druggists sell it. R. LUEDKE. Watch Maker and Jeweler Centre Street, Anaheim. EVERY DESCRIPTION OF WATCHES, CLOCKS and Jewelry carefully repaired and warranted A fine assortment of Elgin and Waltham Watches. JEWELRY AND CLOCKS ALWAYS ON HAND KENDALL'S SPAVIN CURE The most successful Remedy ever discovered as it certain in its effects and does no harm. Saved him 1,800 Dollars. ADAMS, N.Y., Jan. 10, 1882 Dr. R.J. KENDALL A.C.O., Gents. He I used a good deal of your Kendall's Spavin Cure with great success. I thought I would let you know what it has come for me. Two years ago I had as speedy a cult as was ever raised in Jefferson County. When I was breaking him, he kicked over the cross bar and got fast and torre one o'chind legs all to oneself. I impressed the best farriers but they all said he was swolled. He had a very large Colorado pin, and I used two bottles of your Ken's Spa in Creme, and it took the hummer entirely off and he left it waived for $50 (dollars). I have它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它它，它 always cure I com letly and let the lea smooth. It is a splendid medicine for rheumatism. I have recommended it to a good man, and then all say it does the work. I was in Witherington & Kneland's drug store in Adams, the other day and saw a very fine picture you sent them. I tried to buy it, but could not; they said if I would write to you that you would send me one. I wish you would, and I will do you all the good I can. Very respectfully. E.S. Lynan Indian Blood Syrup matures all diseases of the Stomach, Liver, bowels, Kidneys, Skin and Blood. Millions testify to its efficacy in healing the above named diseases, and pronounce it to be the BEST REMEDY KNOWN TO MAN. Guaranteed to cure Dyspepsia. AGENTS WANTED. 77 W. 3d St, New York City. Druggists sell it. LIFE INSURANCE THE MUTUAL BENEFIT LIFE INSURANCE COMPANY OF NEW JERSEY. THE OLDEST AND MOST RELIABLE COMPANY IN THE UNITED STATES. THE FAMOUS, UNRIVALLED KNABE PIANO. THE HARDMAN PIANO. A strictly first-class instrument at a moderate price. THE POPULAR PEASE PIANO A. L. BANCROFT & CO., 721 Market St., San Francisco. Sole Agents for Pacific Coast. 1883. Harper's Young People. An Illustrated Weekly, 16 Pages. Sited to boys and girls of from six to sixteen years of age. Vol. IV commences November 7, 1884. The young people has been from the first successful beyond all expectation. N.Y. Evening Post. It is a splendid medicine for them nation. I have recommended it to a good man, and they all say it does the work. I was in Wilmington & Knelland's drug store, in Albany, the other day and saw a very fine picture you sent them. I tried to buy it, but could not; they said if I would write to you that you would send me one. I wish you would, and I will do you all the good I can. Very respectfully, E. S. Lynn KENDALL'S SPAVIN CURE. Price $2 per bottle, or 6 bottles for $6. All dru-gists have to can get it for you, or it will be sent to a address on receipt of price by the proprietors, the B.J. Kernan & Co., Eisenburgh Park, VT. Send for illustrated circular. SOLD BY ALL DRUGGISTS. ANTISELL 10,000 Pianos 1,000 Organs COOPERAGE A LARGE QUANTITY OF BARRELS, HALF BARRELS, 10 Gallon and 5 Gallon Kegs For Sale Cheap. B. DREYFUS & CO., Anaheim THE BRAHMIN'S ELIXIR. For all cases of Seminal Weakness, Less of Manhood, Wan of Energy, Weakness in the Back or Lotus Pain ful Dreams, Langour, Depression, etc. Prepared only by the BRAHMIN ELIXIR CO., 1904 Broadway, Oakland. Price $1 per bottle. Send for circular. 1883. Harper's Young People. An Illustrated Weekly 16 Pages. Suited to boys and girls of six to sixteen years of age. Vol. IV commences November 7, 1882. The Youth World has been from the first success far beyond anticipation (N.Y.) Evening Post. It has a distinct appeal which it steadily adores that same boy, especially the vigorous, alert for the young with a paper more active, as we as more wholesome journal. For beauties elegance of engraving, and content generally it is unassured by any publication of kind yet brought to our notice. Pittsburgh Gazette TERMS: HARPER'S YOUNG PEOPLE. $1.50. Per Year, Postage Prepaid. SINGLE NOWSAWS. Four Centes each. Specimen copy sent on receipt of Three Cents. The Voucher of Harper's Young People for real and handwritten bound in Illuminated Cloth, will be sent by mail, postage prepaid, on receipt of $5.00 each. Cover for Young People for 1892, 25 cents, postage, 35 cents additional. Remittances should be made by Postoffice Money Order or Draft, to avoid chance of loss. Newspapers are not to copy this advertisement without the express order of Harper & Brothers. Address: HARPER BROTHERS, NEW YORK. GEO. F. SILVESTER. Importer, Wholesale and Retail Dealer in SEEDS, Fruit and Evergreen Trees, Plants, Etc. Alfalfa, Grass & Clover Seeds In large quantities and offered in lots to purchasers Hedge Shears, Pruning and Budding Knices, Green House Syringes, Etc. SEED WAREHOUSE, 317 Washington Street, SAN FRANCISCO. PARKER'S GINGER TONIC A Superlative Health and Strength Restorer. If you are a mechanic or farmer, worn out with overwork, or a mother run down by family or household duties try Parker's Ginger Tonic. If you are a lawyer, minister or business man exhausted by mental strain or anxious cares, do not take intoxicating stimulants, but use Parker's Ginger Tonin. If you have Consumption, Dyspnea, Rheumatism, Kidney Complaints, or any disorder of the lungs, stomach, bowels, blood or nerves. Parker's Ginger Tonin will cure you. It is the Greatest Blood Purifier And the Best and Surest Cough Care Ever Used. If you are wasting away from age, disgustion or any disease or weakness and require a stimulant take Ginger Tonic at once; it will invigorate and build you up from the first dose but will never intensify. It has saved hundreds of lives; it may save yours. CAUTION! Refuse all substitutes. Parker's Ginger Tonin is composed of the best remedial agents in the world, and instantly different from preparations of ginger alone. Send for similar to Blisson & Co., N.Y., 50th st., & 81 st., at Denver in drugs. GREAT SAVING BUYING DOLLAR SIZE. FLORESTON Its rich and lasting fragrance has made this delightful perfume exceedingly popular. There is nothing like it. Insept upon having FLORESTON COLOGNE and look for signature of Hiscos Co. On every bottle. Any drought or dull in perfume can supply you. 51 st. and 52 st. LARGE SAVING BUYING DOLLAR SIZE. COLOCNE.