anaheim-gazette 1904-03-03

Anaheim VOLUME XXXIV. WITH A FULL LINE OF Drugs, Stationery, Sponges, Etc., Etc., We are ready for any emergency. Do not fail to call if in need. : : : : HUTCHINSON'S Drug Store. REAL ESTATE and INSURANCE CALL AND SEE US FOR ALL KINDS OF IMPROved and unimproved orchard, farm and city properties, amongst which we have some real bargains. How about that place you wish to sell? Come in and list it with us, we are here to give you reliable service, and protect your interests. What can we do for you? SANDILANDS & BACKS, or. Los Angeles & Chartres Sts., Anaheim. C. G. McKinley Los Angeles street, Anaheim Dealer in Hay, Grain, Wood, Coal, Illuminating and Lubricating Oils Native and Imported Sulphur Agents Aetna Mineral Water Call and get prices. .....Wilbur's and Grant's Animal Foods DR. F. H. HOUCK DENTIST. OFFICE IN FEDERMAN BLK UP STAIRS PETERS' DIAMOND BRAND SHOES O.S.DAVIS DISTRIBUTOR ANAHEIM. Another large shipment of Peters Shoes Just arrived and low prices all around. : Good School Shoes Cheap for Cash Come and get them. Palace : Meat : Market W.||E. HOUK. Proprietor. Beef, Mutton, Pork, Fresh and Salted Meats, Hams, Bacon, Sausage, Lard, Prompt attention given to all orders. Telenhone Main 5 Hay, Grain, Wood, Coal, Illuminating and Lubricating Oils Native and Imported Sulphur Agents Aetna Mineral Water Call and get prices. ...Wilbur's and Grant's Animal Foods DR. F. H. HOUCK DENTIST. OFFICE IN FEDERMAN BLK UP STAIRS HOURS 9 to 5 ANAHEIM - CAL. jy15tt Herbert Allan Johnston, M.D. Office and Residence: Corner Los Angeles St. and Broadway Hours 11-12 a.m. 2-4 p.m. ANAHEIM, CALIFORNIA Dr. A. W. Bickford OFFICE AT RESIDENCE 309 West Center street. Telephone 101. ANAHEIM - CAL. FRITZ RUHMANN'S Germania Halle. BACKS' NEW BUILDING LOS ANGELES STREET Keeps on hand a Large and complete stock of liquors, wines and cigars. Cold beer always on draught Boston Bakery FRESH BREAD, PIES AND CAKES. Ice Cream and Confectionery S. Kistler, Proprietor F. BACKS, UNDERTAKER And Dealer in FURNITURE. Wall Paper, Cornices, Window Shades, Picture Frames, Upholstery Goods, Paints, Oils and Glass Sewing Machine Supplies, Etc. Cor. Los Angeles & Chartres Sta. J.M.Griffith Company A CORPORATION LUMBER DEALERS Near Railroad Depot, Anaheim, keep constantly on hand Doors, Blinds, Windows, Houldings, Posts, Shakes, Shingles, Lath, Hair Plaster of Paris. C. F. GRIM, Agent. JOSEPH BACKS, Undertaker and Embalmer Palace : Meat : Market W.J.E. HOUK, Proprietor. Beef, Mutton, Pork, Fresh and Salted Meats, Hams, Bacon, Sausage, Lard, Prompt attenton given to all orders. Telephone Main 5 THE FIRST NATIONAL BANK OF ANAHEIM OFFICERS AND DIRECTORS: W. F. BOTSFORD, PRESIDENT JOHN HARTUNG, VICE PRESIDENT C. E. HOLCOMB, CASHIER FRANK SHANLEY AND PETER WEISEL Drafts sold direct on all European Countries CENTER MARKET Carries a choice line of Fresh and Salt Meats Telephone Main 123 Center Street, ANAHEIM G. F. MARTIN, Proprietor The Fastest and Most Perfect Train Between Chicago and Southern California GOLDEN STATE LIMITED via EL PASO Southern Pacific and Rock Island Short Line Solid vestibuled and electric lighted Pullman train of double drawing room, observation and state room sleepers, buffet library car and dining room with the latest improvements without change: 66 Hours from Chicago to Southern California SUNSET EXPRESS Via NEW ORLEANS Solid vestibuled train of observation, standard Pullman and tourist sleepers and dining car to New Orleans-Meals a la carte. Connecting there with vestibuled J.M. Griffith Company A CORPORATION LUMBER DEALERS Near Sailroad Depot, Anaheim, keep constantly on hand Doors, Blinds, Windows Mouldings, Posts, Shakes, Shingles, Lath, Hair Plaster of Paris. C.F. GRIM. Agent. JOSEPH BACKS, Undertaker and Embalmer DEALER IN Furniture and Bedding Repairing Done. jel RICHARDMELROSE ATTORNEY-AT-LAW And Notary Public. Special attention given to Probate Matters. —Center Street, Anaheim. DR. W. W. ADAMS, Osteopathic Physician. Graduate of A. S. O., Kirksville, Mo. Office and Residence—130 Philadelphia St., Anaheim, California. We practice in Acute and Chronic cases and Obstetrics. City Market! F. W. PLEISCHMANN, Proprietor, CHAS. GELDERMANN, Manager. Fresh and Salted Meats. Special attention given to all orders, which will be filled promptly. Roman Wisser Favorite Saloon. Finest of Wines, Liquors & Cigars Pool & Billiard Tables Schindler's Building, Center St., Anaheim LOS ANGELES BEER ON DRAUGHT. 66 Hours from Chicago to Southern California SUNSET EXPRESS Via NEW ORLEANS Solid vestibuled train of observation, standard Pullman and tourist sleepers and dining car to New Orleans-Meals a la carte. Connecting there with vestibuled limited trains through the sunny south to all points east. Washington and New York without change. SOUTHERN PACIFIC The Weekly Gazette. Established 1870. SUBSCRIPTION, - $150 Per Year. Six months...$1 Three months...$1 Payable invariably in advance. Transient advertising rates,$1 per inch per month. The GAZETTE is issued every Thursday morning. Entered at the Anaheim Postoffice as second-class matter. RAILWAY TIME TABLE. Time of Arrival and Departure of Trains. October 21, 1903. SOUTHERN PACIFIC RAILROAD. Trains on the Southern Pacific pass Anaheim as follows: To Los Angeles. Daily...7:52 am Dally...9:49 am Daily...4:17 pm Dally...6:06 pm Pass Loara Station: To Los Angeles. Daily...7:56 am Dally...9:45 am Daily...4:27 pm Dally...5:59 am LOS ALAMITOS TRAINS. Leave Anaheim—12:40 pm Arrive Anaheim—8:00 am KUSTIN BRANCH. Leave Anaheim Arrive Anaheim 9:49 a.m. 12:40 p.m. Daily except Sunday. NEWPORT BEACH RAILWAY. Daily schedule. Leave Anaheim Arrive Anaheim 9:49 a.m. 7:58 a.m. I trains connect at Santa Ana with Nortrains. Santa Fe Time Table Effective Dec. 1, 1903. Trains on the Santa Fe Route leave Anaheim for points named as follows: To Los Angeles—7:55 am Daily...12:09pm...5:20 pm To San Diego—9:20 a.m. 7:50 m. To Santa Ana—9:20 am., 2:50 pm., 5:64 p.m. To Riverside and San Bernardino—11:35 am., 5:54 p.m. To Redlands—11:35 am. To San Jacinto and Hemet—*11:35 am. To Escondido—*2:50 pm. To Fallbrook—*9:20 am. To Redondo Beach—7:58 am.. Trains marked with a * are daily except Sunday. All others daily. Nasal Catarrh quickly yields to treatment by Ely's Cream Balm, which is agreeably aromatic. It is received through the nostrils, cleanses and heals the whole surface over which it diffuses itself. Druggists sell the 50c size; Trial size by mail, 10 cents. Test it and you are sure to continue the treatment. Announcement. To accommodate those who are partial to the use of atomizers in applying liquids into the nasal passages for catarral troubles, the proprietors prepare Cream Balm in liquid form, which will be known as Ely's Liquid Cream Balm. Price including the spraying tube is 75 cents. Druggists or by mail. The liquid form embodies the medicinal properties of the solid preparation. ANAHEIM, CALIFORNIA. THURSDAY. MARCH 3, 1904. NOTE AND COMMENT EDITOR GAZETTE:—In his "Autobiography of Seventy Years" Senator Hoar refers to the prodgal manner in which the public domain has been granted away, and says: "All this at the cost of the labor of the country. The increased tax falls in the end on the consumer. With the waste of our public land are diminished the resources of the laborer." This is another way of stating Lord Macunlay's truth that the social ease in this country is due to its vast extent of vacant land, and when this is gone American free democratic institutions will be brought to their real test. Take Senator Hoar's own state of Massachusetts, for example. Its workingmen have had to compete with a constant influx of immigration. The tariff has protected them from the foreign labor which stays home, but not from the foreign labor which pours into the industrial towns of New England. Their real relief has come from two factors which are largely dependent on each other. First, there has been a constant expansion of the market for manufactured goods, at home and abroad. Second, there has been a gradual spread of population over new areas in the west. These conditions have enabled Senator Hoar's constituents to remain at home and prosper or go tunities afforded by the Milk River valley for their people, and it is stated they will recommend this fertile section to their compatriots. The immigration agents of the Great Northern railway state that two of the Mormon apostles have also been looking into the advantages offered in the Milk River valley and there is a strong probability of a large Mormon colony, familiar of course with irrigation in all its branches, locating in this section of Montana. The policy of the Great Northern road is the encouragement of settlement throughout the territory it taps, into small irrigated farms, and to this end J. J. Hill, its president has been a steady advocate of the repeal of the desert land law, under which single ranches have been built up in Montana from government lands aggregating fifty thousand acres and upwards. With the Great Northern railroad the repeal of the land laws is a plain business proposition. Such action by congress would mean the settlement of the territory through which the road runs by thousands of small farmers and a doubling and quadrupling of the road's traffic over that resulting from the cattle and sheep raising industry on unirrigated land where it requires fifteen or twenty acres to keep a steer. RAILROAD INTERESTS IN IRRIGATION There is considerable talk among interests represented at Washington, which do not wish any disturbance of the present land laws, to the ELECTION IS LEGAL OPINION OF LOS ANGELES AT-TORNEY ON WATER TANGLE Holds Crowther's Election as Member of Board is According to Law—Numerous Instances Cited Supporting this View. Judge John D. Pope of Los Angeles has furnished the water board with the following opinion relative to the election of Mr. Crowther to a place upon the directorate: To the Board of Directors of the Anaheim Union Water Company: GENTLEMEN: I am informed that at the election recently held for directors of your company a mistake was made in counting the votes, and that the record of the meeting of stockholders shows that Chapman received 5929 and Crowther 5921. This mistake was the result of the unauthorized action of the tellers in raising a ballot showing 21 votes for Chapman to 49 votes upon the assumption that it was intended to cast 49 votes for Chapman. It is plain that votes not cast or offered can not be counted, whatever the intention of the person casting the ballot may be. There was no more legal authority for raising the vote from 21 to 49 than there would have been for counting a vote if the person intending to cast it by some accident had failed to reach the polls, or if he had sent a proxy which, by miscarriage of the First, there has been a constant expansion of the market for manufactured goods, at home and abroad. Second, there has been a gradual spread of population over new areas in the west. These conditions have enabled Senator Hoar's constituents to remain at home and prosper or go elsewhere and make new homes. And everyone of them who has moved west—as many thousands have done—means more work for those who remain behind. Cut off the great field which has served for two centuries as outlet for surplus population, and stop the growth of the home market which results from its settlement, and then indeed the nation will find that "with the waste of our public land are diminished the resources of the laborer." It is solemnly true that every acre taken for speculation and monopoly is at the cost of the country's labor. It means less opportunity in the future for every workingman and every child. This view of the matter is distinctly national and ought to be pressed home in every town and city throughout the United States. The real friends of honest settlement in the west and the real upbuilding and poouling of that section are doing all in their power to protect the forests by repealing the timber and stone act and to save the fertile public lands for homeseekers by repealing the desert land law and the commutation clause of homestead law. If the merits of the issue were fully understood there would be a popular uprising in favor of the repeal, voiced by every fair-minded newspaper and every trades union in the land. For it would be universally recognized that the matter is not of interest only to those who expect to find homes on the public domain, but also to every workman who wants to protect his standard of living. "All this at the cost of the labor of the country." The words of the venerable senator from Massachusetts are good enough for a campaign slogan, and they ought to be made to ring in the ears of every man who works for a living. WILLIAM E. SMYTHE. COLONIZING MONTANA. Word comes from Montana that numbered all the late Pioneers. RAILROAD INTERESTS IN IRRIGATION There is considerable talk among interests represented at Washington, which do not wish any disturbance of the present land laws, to the effect that the campaign favoring this repeal is being promoted by the western railroads with the idea of increasing the value of their own lands, and especially their lieu land rights in the forest reserves, the statement being made that the repeal of the timber and stone act, the desert land act and the commutation clause of the homestead act would shut out the settler from the government lands and force him to buy railroad lands. This specious argument will bear analysis from no point of view. In the first place there is no thought of repealing the homestead law which allows the settler to take up 160 acres of government land anywhere among the half billion acres of the remaining public domain, even that reserved for government irrigation purposes. The effect of the repeal of these laws would not be to stop settlement, but to stop speculative entry of immense tracts of land, simply for the purpose of "holding it for a rise" or acquiring it as additions to already immense stock ranges. Possibly such a repeal might have the effect of increasing certain railroad lands. If so it would result in two things, either stimulating the railroads to get more settlers upon it along their lands, or making it more expensive and difficult for the big stockmen to add to their grazing domains from this source, either of which would be a good thing. But the entire ownership of the railroads in land is a mere bagatelle as compared with the government domain. The government is the great land owner. The railroads, as must be recognized, are more anxious than anything else that the government shall improve its own property. Any one of the transcontinental lines would gain more through its traffic from a single great three or four million dollar project, irrigating perhaps a couple of hundred thousand acres of land, than the value of the entire land possessions of all the railroads. Guy E. MITCHELL. Sunday Closing Crewther 5921. This mistake was the result of the unauthorized action of the tellers in raising a ballot showing 21 votes for Chapman to 49 votes upon the assumption that it was intended to cast 49 votes for Chapman. It is plain that votes not cast or offered can not be counted, whatever the intention of the person casting the ballot may be. There was no more legal authority for raising the vote from 21 to 49 than there would have been for counting a vote if the person intending to cast it by some accident had failed to reach the polls, or if he had sent a proxy which, by miscarriage of the mails, had failed to reach the person to whom it was sent. While there is authority for counting a vote that is offered and illegally rejected, there can be none for counting a vote not actually cast or tendered. So it is clear that Chapman was not elected a director. What effect did the mistake of the tellers have upon the election? There is no provision in the code requiring the appointment of tellers and they have no legal authority to declare the result of an election. They are persons appointed for convenience simply, and have no right to perform any bclerical duties. Section 307 of the Civil Code declares that "In any case the director receiving the highest number of votes shall be declared elected." And it has been decided that where the officers of a stockholder's meeting arbitrarily declared a person elected who was not in fact elected, and issued a certificate of election to him, he was still not elected, and the illegal act of the officers declaring him elected was of no effect. State v. Smith, 15 Or. 98, 3, Clark & Marshall on Corp., Sec. 649. The minutes of the stockholders are prima facie evidence of the facts recited, but they are not conclusive, and if false they can not deprive a man of his office who has been legally elected. It is true that if Chapman had claimed that he was elected, and if the new board had organized with him as one of its members, it would have been necessary for Crowther, or some person aggrieved, to bring an action under section 315, Civil Code, to oust Chapman from the office. But I am informed that he did not and does not claim that he was elected, and has not taken his place on the board or assumed to act as director. On the contrary, Crowther, who was in fact elected, took part in the organization of the board and has been chosen president. There is no necessity for Crowther to bring an action to obtain the office to which he was elected, because he is already in the exercise of the duties of the office, and rightly so. A suit is not required in any case unless the person proposing to bring it has been deprived of some legal right. Section 3532 of the Civil Code says, "The law neither does nor requires idle acts." My conclusion is that Mr. Crowther, having been elected a director and having taken his place on the board and acted in its organization is not simply a de facto director, but is director de jure. If he had not been regularly "All this at the cost of the labor of the country." The words of the venerable senator from Massachusetts are good enough for a campaign alogan, and they ought to be made to ring in the ears of every man who works for a living. WILLIAM E. SMYTHE. COLONIZING MONTANA. Word comes from Montana that a number of the late Boer commanders, among them Gen. J. D. Joubert and Capt. W. A. O'Donnell have been looking over various sections of that state with a view to finding an easily irrigated location where a large Boer colony can be established. The Boers desire to homestead upon government land which can either be irrigated by their own co-operative canal building, or else will come under the government irrigation work projected in Montana. They have expressed themselves as amazed at the oppor-tion to anything else that the government shall improve its own property. Any one of the transcontinental lines would gain more through its traffic from a single great three or four million dollar project, irrigating perhaps a couple of hundred thousand acres of land, than the value of the entire land possessions of all the railroads. Guy E. Mitchell. Sunday Closing The committee is now practically as sure that the Sunday closing is a permanent thing. Our people have tried it and like it and hope to keep it up. One firm in Anaheim has been asked, so we are told, to send a wagon into the Fullerton neighborhood, and they find it pays. This gives the Fullerton families a chance to trade with Sunday closing merchants if they wish to use their influence that way. While the Fullerton merchants have not closed yet, it is hoped that they will soon. The papers there have kindly opened their columns to the discussion of the matter, and the committee has the backing of four hundred of Fullerton's best people. I WILL GIVE $1000 IF I FAIL TO CURE ANY GANGER OR TUMOR I treat before it Pleasen Deep Glades or Attaches to Beam. NO KNIFE OR PAIN, NO PAY UNTIL QUERED. NO X-RAY OR OTHER SWINDLE. A Pacific Island shrub or plant makes the cure—the most wonderful discovery on earth to-day. 3000 CANCERS cured on people you can see and talk with. ANY TUMOR, LUMP OR SORE on the lip, face or anywhere six months in, nearly always, Cancer. Poor cured free if cancer is very small on face. ANY LUMP IN WOMAN'S BREAST IS CANCER A LUMP does not gain until almost past cure, and if neglected it always polls away as the sump; thus it often takes late and still no pain. Deep in the shoulder in 50 years have cured more cancers than any other Doctor living. INVESTIGATE MY JOINTGUARANTEE. BE SURE TO GET MY 190-PAGE BOOK, sent free, with symptoms, addresses and testimonials of thousands cured, and write to them. DR. & LRS. DR. CHAMLEY & CO., ["Strictly Reliable."] 515% S. MAIN STREET, LOS ANGELES, CAL. PLEASE SEND THIS TO SOME ONE WITH CANCER. There is no necessity for Crowther to bring an action to obtain the office to which he was elected, because he is already in the exercise of the duties of the office, and rightly so. A suit is not required in any case unless the person proposing to bring it has been deprived of some legal right. Section 3532 of the Civil Code says, "The law neither does nor requires idle acts." My conclusion is that Mr. Crowther, having been elected a director and having taken his place on the board and acted in its organization is not simply a de facto director, but is director de jure. If he had not been regularly elected and had taken his place in the board and was acting as if regularly chosen he would be a de facto director. But even then his acts would be valid until some action was brought and he was ejected from the office. 3 Thomp Corp. Sec. 3893, 3894, 3899, and 2 Cook Corp., Sec. 713, declare that persons publicly exercising the functions of directors, even if not regularly elected, are de facto officers and their acts are binding upon their corporations. And so our supreme court has held in numerous cases. In San Jose Savings Bank v. Sierra Lumber Co., 63 Cal. 79, it was held that a director; who had ceased to be a stockholder and thereby became disqualified to act, was still a de facto director, and until judgment of ouster was pronounced against him his acts were binding upon the corporation. In Barrell v. Lake View Land Co., 122 Cal. 129, it was held that it was no defense to a suit brought upon a note of the corporation that the officers who executed it were not regularly elected to the places which they occupy, and it was said that "the act of persons who were at the time of the authorization of the note in suit de facto directors of the corporation can not be impeached by showing an irregularity in their election." In Balfour-Guthrie Co. v. Woodworth, 124 Cal., 199, a sale had been made under a deed of trust executed by the persons exercising the functions of directors, and an attempt was made to have the conveyance set aside on the ground that the directors authorizing it were not regularly elected. The court held the conveyance valid and binding. It follows that even if Crowther was not reg- TION IS LEGAL OF LOS ANGELES ATRNEY ON WATER TANGLE Wuther's Election as Member is According to Law— ous Instances Cited Supporting this View. John D. Pope of Los Angeles led the water board with the opinion relative to the election. Crowther to a place upon rate: Board of Directors of the Union Water Company: MEN: I am informed that at an recently held for directors company a mistake was made by the votes, and that the remeeting of stockholders Chapman received 5929 and 1921. This mistake was the unauthorized action of the raising a ballot showing 21 Chapman to 49 votes upon the that it was intended to cast Chapman. In that votes not cast or onot be counted, whatever the of the person casting the ballance. There was no more legal for raising the vote from 21 there would have been for vote if the person intending by some accident had failed the polls, or if he had sent a ch, by miscarriage of the ularly elected his acts would be in all respects valid and binding as long as he acts as director along with other members of the board. But, as already said, he was legally elected a director, and the only pretext for claiming irregularity is the false entry in the minutes of the result of the election. It has been suggested that the old board had no jurisdiction to correct the error in the minutes or to do any other act after the election of a new board. I do not think this is correct. It is true section 308 of the Civil Code says: "Immediately after their election the directors must organize by the election of a president, who must be one of their number, a secretary and treasurer." But it is familiar law that the old board continues to act until their successors are elected and have qualified. Suppose the newly elected directors should fail to immediately organize by the election of a president, etc., would the functions of the board of directors be suspended? Would not the old board continue to act until the new board organized? I think the meaning of section 308 is that it is the duty of the newly elected members to meet and organize as soon as practicable after they are elected, but until they do organize by the election of a president and a secretary they cannot act as a board, and the old board continues to conduct the affairs of the corporation. But even if this is not the case, and if the correction of the error as to the vote for Crowther was not properly made, still Crowther is in fact elected and is exercising the functions of the office, and there can be no serious question as to the validity of his acts. If Chapman were to bring an action to oust him the action would inevitably fall, because the evidence would show that Chapman was defeated and that Crowther was elected, and, under section 315 of the Civil Code, it would be the duty of the court to declare that LONDON'S GRASSHOPPER. For Nearly Three and a Half Centuries a Famous Landmark. The golden grasshopper on the tower of the Royal Exchange has been for nearly three and a half centuries a London landmark as familiar as the cross on St. Paul's or the dragon on Bow church steeple. Sir Thomas Gresham, a royal agent in three successive reigns, founded the exchange in the reign of Elizabeth. He erected at his own expense a beautiful structure in the Flemish style of architecture, with shops on the first floor. A bell tower crowned by a huge grasshopper stood on one side of the chief entrance. The bell in this tower summoned the merchants at 12 o'clock noon and 6 o'clock evening. During the great fire of 1666 the building was totally destroyed. The statues of kings and queens which ornamented the corridors were precipitated into the enormous cellars and with them the tower and grasshopper. Gresham was lovingly loved by the metropolis, and his generous services were not forgotten. From the mountain of debris the grasshopper was rescued, and it was placed—a lofty vane of gilt brass—above the new dome supported by eight Corinthian columns, and to this hour it swings to the points of the compass, perpetuating the sign and crest of the Gresham family. The old clock in this tower had four dials and chimed four times daily; on Sunday, the One Hundred and Fourth Psalm; on Monday, "God Save the King;" on Tuesday, "Waterloo March;" on Wednesday, "There’s Nae Luck about The Hoose;" on Thursday, "See, the Conquering Hero Comes;" on Friday, "Life Let Us Cherish," and on Saturday, "Foot Guards’ March." In 1888 fire again devastated the stables, beginning soon after 10 at night, and by next morning the clock tower stood was standing. It is significant that last air played by the chimneys before they went crashing through the tower roof, crushing the entrance arch below. 1921. This mistake was the unauthorized action of the raising a ballot showing 21 Chapman to 49 votes upon the fact that it was intended to cast Chapman. In that votes not cast or not be counted, whatever the person casting the ballot. There was no more legal for raising the vote from 21 there would have been for vote if the person intending by some accident had failed the polls, or if he had sent a bill, by miscarriage of the failed to reach the person was sent. While there is no counting a vote that is off illegally rejected, there can be counting a vote not acted or tendered. So it is clear man was not elected a direct effect did the mistake of the upon the election? Thereasion in the code requiring treatment of tellers and they real authority to declare the on election. They are per- pled for convenience simply, so right to perform any but ties. Section 307 of the declares that "In any case for receiving the highest votes shall be declared And it has been decided that the officers of a stockholding arbitrarily declared a per- who was not in fact elected, a certificate of election to still not elected, and the of the officers declaring him as of no effect. State v. Dr. 98, 3, Clark & Marshall Dec. 649. The minutes of the laws are prima facie evidence has recited, but they are not and if false they can not man of his office who has any elected. Note that if Chapman had not he was elected, and if the had organized with him as members, it would have been for Crowther, or some per- ved, to bring an action un- 315, Civil Code, to oust from the office. But I am that he did not and does not the was elected, and has not place on the board or act as director. On the con- ther, who was in fact elect- rent in the organization of the has been chosen president. necessity for Crowther to obtain the office to was elected, because he is al- ne exercise of the duties of and rightly so. A suit is in any case unless the per- ing to bring it has been de- some legal right. Section 307 of Civil Code says, "The law has nor requires idle acts." Sensation is that Mr. Crowther, when elected a director and then his place on the board in its organization is not sim- toto director, but is director if he had not been regularly a board, and the old board continues to conduct the affairs of the corporation. But even if this is not the case, and if the correction of the error as to the vote for Crowther was not properly made, still Crowther is it fact elected and is exercising the functions of the office, and there can be no serious question as to the validity of his acts. If Chapman were to bring an action to oust him the action would inevitably fail, because the evidence would show that Chapman was defeated and that Crowther was elected, and under section 315 of the Civil Code, it would be the duty of the court to declare that Crowther was legally chosen and that he could not be ousted from his position as director. My conclusion is that the proper course for the new board of directors is to ignore the false entry of the election made on the minutes and proceed with their business in the ordinary way. Very truly yours. JOHN D. POPE. A tale of a Molecule. The New South Wales government analyst, William M. Hamlet, delivered the presidential address in the section of chemistry at the recent meeting of the Australian Association For the Advancement of Science, the subject being "The Molecular Mechanism of an Electrolyte." He defined an electrolyte as a body in solution or state of fusion, capable of being instantaneously decomposed by a current of electricity, and he claimed that if the explanation he offered was adequate for the electrolyte it must hold good for the constitution of the matter in the universe, so that the treatise on the electrolyte has a most important scientific bearing. The method of investigating the action of one body upon any other, he reminded his audience, was brought to a high degree of accuracy by the immortal work of Sir Isaac Newton. He alluded to some observations of the late Professor Clifford, made over 20 years ago, this authority remarking, almost prophetically, "We can look forward to the time when the structure and motions in the inside of a molecule will be so well known that some future Kant or Laplace will be able to make an hypothesis about the history and formation of matter."—Nature. The Cavalry Regiment. The sabers clank'd, men look'd young and healthy and strong;the electric tramping of so many horses on the hard road, and the gallant bearing, fine seat and bright appearance of a thousand and more handsome young American men, were so good to see. An hour later another troop went by, smaller in numbers, perhaps 300 men. They, too, look'd like serviceable men, campaigners used to field and fight July 8—This forenoon, for more than an hour, again long strings of cavalry, several regiments very fine men and horses, four or five abreast. I saw them in Fourteenth street, coming in town from north. Several hundred extra horses, some of the mares with colts, trotting along. (Appear'd to be a number of prisoners too). How inspiring always the cavalry regiments. Our men are generally well mounted, feel good, and young, gay on the saddle, their blankets in a roll behind them, their old clock in this tower had four dials and chimed four times daily on Sunday, The One Hundred and Fourth Psalm; on Monday,"God Save the King," on Tuesday,"Waterloo March," on Wednesday,"There's Nae Luck about the Hoose;" on Thursday,"See, the Conquering Hero Comes;" on Friday,"Life Let Us Cherish," and on Saturday,"Foot Guards' March." In 1888 fire again devastated the stately building beginning soon after 10 at night, and by next morning the clock lowered was standing. It is significant that she last air played by the chimes before they went crashing through the tower roof, crushing the entrance arch below, was "There's Nae Luck About The Hoose;" then the eight bells ceased their clanging. The grasshopper was unharmed and to this day remains eleven feet of shimmering metal, looking down from its porch 108 feet above the busy streets.- Julian King Colford in St. Nicholas. APHORISMS. Mirth cannot move a soul in agony.- Shakespeare. Candor is the rarest virtue of sociability.-Sternau. No circumstances can repair a defect of character.-Emerson. Cheerfulness is an offshoot of goodness and of wisdom.-Bovee. Bad men excuse their faults; good men will leave them.-Johnson. There are plenty of acquaintances in the world, but very few real friends.-J.F.Davis. Charity and personal force are the only investments worth anything.- Walt Whitman. It is generally more profitable to reckon up our defects than to boast of our attainments.-Carlyle. A man cannot have an idea of perfection in another which he was never sensible of in himself.-Steele. Gratitude is the fairest blossom which springs from the soul, and the heart of man kindweth none more fragrant.- Hosea Ballou. Cures Scientific Rheumatism Mrs. A.E. Simpson, 509 Craig St., Knoxville, Tenn., writes June 10th, 1899: "I have been trying the hot baths of Hot Springs, Ark., for sciatic rheumatism, but I get more relief from Ballard's Snow Liniment than any medicine or anything I have ever tried. Enclosed find postoffice order for $1.00. Send me a large bottle by Southern Express." Sold by J.P.Hatzfeld,Anaheim. POVERDS "When the butter won't come put a penny in the churn," is an old time dairy proverb. It often seems to work though no one has ever told why. When mothers are worried because the children do not "When the butter won't come put a penny in the churn," is an old time dairy proverb. It often seems to work though no one has ever told why. When mothers are worried because the children do not gain strength and flesh we say give them Scott's Emulsion. It is like the penny in the milk because it works and because there is something astonishing about it. Scott's Emulsion is simply a milk of pure cod liver oil with some hypophosphites especially prepared for delicate stomachs. Children take to it naturally because they like the taste and the remedy takes just as naturally to the children because it is so perfectly adapted to their wants. For all weak and pale and thin children Scott's Emulsion is the most satisfactory treatment. We will send you the penny, A.C., a sample free. Be sure that this picture in the form of a label on the wrapper of every bottle of Emulsion you buy. SCOTT & BOWNE, Chemists, 409 Pearl St., N.Y.