wire bed ofl to-dayat - chronicling america · 2017. 12. 19. · is it constitutional? the law...

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IS IT CONSTITUTIONAL? The Law Appropriating Money for the World's Fair. Can the $300,000 bo Expended by the Commissioners—Synopsis of the Briefs. There is now on hearing before the Su- preme Court of this State a very interest- ing proceeding, involving the question of the constitutionality of the so-called World's Fair bill. The last Legislature passed an Act appropriating the sum of $.'500,000 to pay the expenses of maintain- ing an exhibit of the products of tho State of California, and for the purpose of properly representing the State at the World's Columbian Exposition to bo held in Chicago in 1«!«, and also provid- ing for the appointment of seven Com- missioners, one each from the Con- gressional Districts of tho State, who should constitute the World's Fair Com- mission. At the time of the passage of this Act by the Legislature, there was and still fa a wide divergence of opinion both as to the policy of the Act and as to its constitutionality. In accordance with the provisions of the Act the Governor appointed tho requisite number of Com- missioners, who have given tho necos- -i;y bonds and have proceeded vigor- ously upon tho discharge of their duties Lts such Commissioners. Among other items of expense is one of $85 for rent of an oilice used by the California World's Fair Commission. Demand was made by the commission on the State Controller for a warrant on the Treasurer to pay tins amount, which the Controller refused to issue. The World's Fair Commission thon com- menced a proceeding in mandamus to compel E. P. Colgan, State Controller, to issue the said warrant, and the case is now before the Supreme Court upon a demurrer to plaintiff's petition. The point relied upon by defendant, in a brief lately filed, is that the Act of tho .Legislature creating the commission ami granting tho appropriation is unconsti- tutional, and cites Article IV., Section 2^, Of the State Constitution, viz: **Nomoney shall ever be appropriated or drawn from the State Treasury for the use (or benefit) of any corporation, asso- iation, asylum or hospital, or any other institution not under the exclusive man- agement and control of the State as a State itution, nor shall any grant or dona- tion ofproperty ever bo made thereto by the State." "Article IV., Section 31. The Legisla- ture shall have no power to give or lend the credit of tho State in aid of any per- non, association or corporation, whether municipal or otherwise, or to pledge the credit thereof in any manner whatever for the payment of liabilities of any in- dividual, association, municipal or other corporation whatever, nor shall it hare the power to make any gift, or authorize the making of any gift, of any public money or thing of value to any \u25a0tinlirulual, mu- nicipal, or other corporation, whatever." "Article IV., Section 3ii. The Legisla- ture shall have no power * topay, or authorize the payment of any claim hereafter created against the state' under any agreement or contract made •without express authority of law, and all such unauthorized agreements or con- tracts shall be null and void." [The italics arc ours.] The defendant contends that the legis- lative Act is inhibited by the foregoing provisions of the Constitution for three reasons: First—The management and control .•md the "work and object" in view are not exclusively in the State as a State in- stitution. Second—This Act carried out according to its own terms aids a private corpora- tion. Third—The use of the appropriation is not a public uso. In support of the first contention de- fendant urges: That the Act of Congress providing for the World's Fair in etlect says that the < 'alilornia Commission cannot exclu- sively or at all control and manago her exhibits or her products in the Colum- bian Exposition, to do which the |900,000 was appropriated—but that uuder said Act of Congress the National Commission Will have almost complete control of tho exhibition, prepare and classify exhibits, determine the i>!an and scope of the exhi- bition, ana generally have charge of all I Intercourse with the exhibitors and the representatives of foreign nations. That the National Commission and the California Commission cannot each at -aine time have exclusive control management of the California ex- hibit, and lor that reason alone the Act is plainly unoonstitution.il. That the commission must do a largo part of its work outside of the State's limits. That California, under the guise of ex- pepding money fora State institution, is t-.muz u> expend it under three authori- ties: 1. General laws of Illinois. 2. I n- <. v the law a and regulations of Congress. •':. Under the by-law powers of a private Illinois corporation. Itself subject to tho local Legislature's future control. In support ofthe second point made by adant, "that this Act. carried out ;u:- Ltngtoits <»un terms,aids \u25a0 private corporation," defendant argues: That there is a private corporation tn | Chicago which virtually controls th<- World's Fair. That this corporation will control us Xhibitors, and then asks and answers tho pertinent question, "'Who can control this Illinois corporation?" "Nobody but its Directors and the Legislature ti r." That there is no moans of knowing or cotapeUing this iprivate corporation of i ing and expending the Sli 1,000,000 j railed for by the Ait of Congress. That the California Commission, by ! Obtaining the consent of the National I Commission to select a site for their build- ing, -have thus (airlyconceded thr- supe- rior authority of the National Conun \u25a0ion. [n support of tho third contention of lefenaant—"the use of theappropria- Is not a public use" be argues that I ion can only be for a public U Tho right to tax depends upon the ulti- . purpose and omd for which the fund is raised. While it may be true, as contended for by plaintiff, thai State advertisement is desirable and that the ultimate object of this expenditure is t . attention to the resources, greatness, grandeur and possibilities of our State, the State's money can only be ;; In Sid of a public project—an object which is within the purposes for which govern- I mentsare established—and that tho ex- penditure of this appropriation of the people's money would be an arbitrary exercise of power— violation of the < onstitutionai rights of those from whom the money is taken. And an unjustifiable usurpation. iiii: oomxssioirros* n The plaintiff contends that the Act of the Legislature creating the commission and appropriating ss'ioo.ooa for tho pur- - therein mentioned hi constitutional. Thai the Legislature bas the same un- limited power of legislation that resides I i;i the British Parliament except as Ined by the provisions of the State \u25a0 onfttitutions. \ i c rtainly does not violate . \u25a0• n3l of Article IV. ntitution. I ure h:-.s not loaned tho ' it.' in :i\.\ at any person or r lon, municipal or ruiso. The State has created no j dgc. It ha* n.>t made a giftto any money appropriated Is t-> 1 c us<'! For purchasing materials, etc. for I State, i!,,. titl< to w Inch tho uniissioners ing simply the porchasine or contracting agents. That tit. \ : ,v not violate any of the provisions of Section 330f Article IV., for the appropriation is not nads to p*y any claim again*! the State under an agreement or contract made without ox- j. rc«s authority of law. That the Commissioners are only au- thorized to expend the money when they have entered into contracts for the State for its benefit, and have received valuable consideration. Upon such con- tracts they are to pay the money. That the State becomes the owner of the materials and the buildings to be erected to exhibit the whole products of California. The display is also under State control, so far an the Legislature has chosen to en- act, and where not so it certainly may be subjected to such absolute control when- ever the Legislature chooses. This commission is not created for pe- cuniary profit, but for tho benefit of tho State. Tho Commissioners are simply the agents of the State for making con- tracts on the part of the State and for dis- bursiug the money of the Slate upon such contracts for the State. , The objection made to the expenditure of the money in question could equally well be made to the expenditure of all moneys appropriated for the maintenance of State institutions, prisons, asylums, etc. As to the contention of defendant that the Stato cannot own, control or manage an institution outside of the State, the, commission urges that this State and all States have at all times and must neces- sarily carry on institutions outside of the State. That the State has sent an agent to Australia to procure parasites for the pro- tection of fruit trees. That physicians are sent out of the State to conventions of health officers of the various States to ascertain the best inodo of treating epidemic diseases. That these Acts and appropriations have never been questioned, notwithstanding all the powers of these various State agents have been exercised outside of the State. The plaintiff urges that this appropria- tion is not a gift, and that the State has the undoubted right to expend money to display its products. That there is nothing in the argument that some of the money may be improp- erly expended. The courts willprcsumo that every State officer will perform his doty according to law. The chief objection made to the Ace is that the building will be erected on land not owned by the State. In answer to this tho Supreme Court of this State, in McCauley vs. Brooks, 10 Cal. 11, has de- cided that there is nothing in the Consti- tution prohibiting tho State from erecting a building on leased ground, hence the court must presume that the Commis- sioners willlease or obtain a right to oc- cupy space in Chicago at such feasible and practicable point as they may select for the State building. The State will own the building, and may remove the same at the termination of the exposition. This Act is not special legislation, and not in violation of any of the provisions of Section 25 of Article IV. of the Consti- tution. The appropriation is for the State, not for any individual. Never be- fore did anyone .contend that an appro- priation to a State Fair was special legis- lation. The expenditure is for the bene- fit of the State. The brief of the Attorney-General, from which this argument for the plaint- iff is largely taken, shows that a Very large proportion of the States of the Union have appropriated large sums for the very purpose of making Stato exhib- its at the World's Fair. In the discussion of this* case each party has cited numerous and well-con- sidered authorities in support of the va- rious positions assumed by them. While the amount at stake in this pro- ceeding is a very Insignificant one, still upon the decision of this case rests the validity of the Act of the Legislature creating the commission, and appropri- ating money for the California State ex- hibit at the World's Columbian Exhibi- tion. The decision of the Supreme Court will be awaited with anxiety by many, and with much curiosity and interest by all. A BURGLAR. Major Ennis and His Family Startled at Night. j The Thief Ringed Out with a Mask, a, Bnll's-ey© I^antern and an Ulster. When burglars steal anything Irom Major Enuis' home, it will be on someoc- casionwhen the Major is not in the im- mediate vicinity of the house. He has ! always said so, and an experience which he had early Thursday morning at his residence, on Eighteenth and 0 streets, proves that he is a man of his word, but that he relies to a great extent on the as- | sistance of his wife. \u25b2bout half-past 1 o'clock Thursday morning, Mrs. Ennis awoke and noticed a dim light in a room adjoining the bed- room. She thought at first that it was one of the family, and rather faintly asked "ifthat was Scott," hor son. Receiving no reply, she arose and walked to the door, and, to her horror, saw that it was a burglar. The man was very tall, wore an ulster of light colored material, and a mask, and had his feet wrapped with cloths. 1!< carried a bull's-eye lantern f n bis hand, but the moment he saw Mrs. Knnis standing in the doorway he turned the light out and rushed towards the back part of the house. Mrs. Bnnis awoke her husband, and, pistol in hand, he started in pursuit, but did not even get a glance at the burglar. The rear window off the kitchen and the back door were found open, showing that the thief entered through the window and then opened the door, in order to make a hurries! exit in case of an emergency—a precaution that proved to bo a very wise one on this occasion. The thief did not take anything from the house with him in his flight. Major Ennis says he would have given flOtothe executors of tho burglar's es- I tate just to have gotten one shot at him. Some of his friends who claim to know what kind of a pistol the Major owns, say, however, that tho weapon has not bad a load iv it for years. Mrs. Ennis was quite badly frightened, bnt effectively recovered from the shock when her husband wonderingiy remarked that the thief must have been some fellow who had seen him make a %i "killing" at tho Golden Eagle a few hours before. Police Court. YA. Martin was found guilty of va- grancy by Judge Cravens yesterday. The evidence showed that Martin gained a livelihood by begging. He will be sen- tenced to-day. Joe Kingsberry, charged with vagrancy, was given a reasonable time within which to leave the city. < harles Besoot wss fined 910 for drunk- enness, and Joe Longnecker, who was brought in on a similar charge, forfeited his deposit. l'an O'Hara, charged with misde- meanor, had his trial set for tho 'Jlm in- stant. Bam Brown was ordered to appi ar next Monday to answer to a charge of attempt to rob. Berlin Cough Care. For roughs and folds and all Inns nnd tlmrvt attentions this article lias superior imnt. It is perfectly harmless, gives fmme- \u25a0 i iicfand cures tli«' worst ca^e- In from two to three days. Indorsed i>v our best phy- sicians. Try \u25a0 ixittlf :it!d you wilt always K<t]>ii. Priee,fifty oents*>bottle. TheW H Bone Company, san Francisco, cole propri- etors. Kirfc, Qeanrdk Co. sole agents. Tryc. ('. liniment )or af't\<•>< and pains. * - m !:ami:nto, C'ai,.. January 2:1, 1887 Thiß is to certify th«t we are thoroughly well i>loiisfd with the splendid Mftthuokek !' a!iM !r-«ni John K. OoOpCT't music store «!.xh we iMil at our eOßOerl last ovenintr! >n ;md tone are as perfect us can he ob- tained in a piano. / I I.IA TKEHELLA PA I-1. MUBIN, ' E. STEINIk»KK. To ti!K IVblic—Durliiß fair time the only ] l.ico to buy the U'st lun<h meat and fine Hiuißps, made fresh every day, is at Odell A h< : tog's, 1090 Kstrati \u2666 Resdot leave :<U orden lor goods at Cham- bcrlaiu ikCo.'a 611 X street. INCOMPLETE RECORDS. The Chairman of the Supervisors Finds Considerable Fault. Clork Ithonds Kicks Back—That Hicks- vlllo Bridge Affaln—Troublo Ovor a Folsom Alley. The Board of Supervisors resumed its session yesterday, all the members being present and Chairman Greer presiding. When Clerk Khoads read the minutes of the previous day's session, the Chair- man complained that they were not full enough. lie recollected many little mat- ters that had come before the board and no mention was made of them in the clerk's record. HE KICKKD BACK. Clerk Rhoads did not take kindly to this. "1 am not a shorthand reporter!" he said, "and am not able to take all the talk that this board indulges in." "What about the reports from the dif- ferent committees yesteiday?" asked the Chairman. "They were all oral and in the form of a general talk between the members. If the Chairman of tho committees will sub- mit their reports in writing they will ap- pear on the minutes, but I am unable to take a report which winds up in a half hour's discussion." Chairman Greer wished to submit the matter to the hoard. He thought at all events tho minutes should hereafter be more explicit. But as the other members of the board were not paying much attention to what was going on the matter was dropped without any action being taken. Mr. Khoads assured the Chairman, however, that he would do the best he could with the minutes. TROUBLES AT FOLSOM. Tho remainder of the forenoon session j was taken up in examining tbe monthly bills against the county. At the after- noon session the long-standing difficulty between Dr. Lyons ;>.ni widow Hanlon of Folsom came up for hearing again. It I appears that an alley had once divided the property of these two persons, but Dr. Lyons closed it up and used it for a garden. Mrs. Hanlon appealed to the Supervisors several times to have the alley reopened, but nothing was ever done in the matter. Mrs. Hanlon claimed that by reason of the doctor's usurpation she was unable to get water on to her place and was otherwise inconvenienced. A letter from Dr. Lyons was received yesterday stating that the writer had no objection to parties running water for irrigation purposes through his lots, and j that the claim of Mrs. Hanlon that he re- fused to give her such permission was a slander on him. After considerable discussion on the subject the board decided to order the alley opened. THAT HICKBVILLEBRIDGE. The repairs on the Hicksvillo bridge were the subject of another talk yester- day. In going over a pile of bills Mr. Bates came across one for |282 for E. S, Barry of Elk Grove. This was for a part of the work done on the bridge. When the Road Committee reported to the board several weeks ago that this bridge was in a dangerous condition, it was also reported that the repairs would not cost over §150 at the most. The board authorized Chairman Jenkins of the committee to have the work done, but placed no limit on the amount to be paid out. Naturally, when a bill for 8282 for only a part of the work came up yesterday there was a howl from the other members of the board. Mr. Jenkins explained that the amount of repairs needed had been under-esti- j mated. A great many timbers were rot- ten and needed replacing, which had not been noticed by the committee. Mr. Bates said he supposed the county was now at the mercy of Contractor Barry. The latter could string the work out so that it would last until next year. The work, he thought, should have been given out by contract in the first place. TO EXAMIXD IT. Chairman Greer suggested that it would be wise for tho Road Committee to visit the bridge again and ascertain exactly what further work was necessary. He thought that the committee should look into the matter Monday. There was considerable desultory dis- ! cussion on the subject. Mr. Bates said he '• would not go Monday, nor at all. He had seen the bridge and knew all about it. It was finally agreed, however, that the j committee should visit the bridge some time during next week. After the discussion was all over, Mr. Jenkins announced that he had received a letter from Contractor Barry in which the latter stated that tho bridge would be finished by tho end of this week. "Why didn't you say something about that belore, and save us all of this wind?" said Chairman Greer, turning away in difgust. The committee will examine the bridge just the same. After examining some more bills the board adjourned until the 20th inst. EVERYBODY'S COLUMN. Correspondence of Interest to the General Public. [Under this heading the Rf.cord-Uxios will publish short letters Irom correspondents on topics of interest to the general public. The matter in those communications will lie un- derstood to represent only the views of the writers. All communications must be accom- panied by the name of the writer, not for pub- lication, unless so desired, but as a guarantee or good faith.—Eiw.j Trades Unions and Apprentices. Eds. Rkcord-Uvion : I have read with much interest the opening address of Hon. Frederick Cox, President of the State Agricultural Society, delivered at the Pavilion on Thursday evening, and published in the Record-Union of yes- terday morning. The address is able and scholarly, but there are soino sentences in it to which I crave space in your col- umns to briefly call attention. In speak- ing oi the tendency of boys and young men to leave rural. occupations and seek employment in towns and cities, Mr. Cox says: "He sinks into the clerkship or learns tho mere rudiments of a trade from which he never rises. « * * The power of the trades unions prevents tho majority of our boys from learning trades." Tho first portion of this quotation is a truism, and tho exceptions thereto are scarcely one in a thousand. But it is to the misleading or rather disparaging as- sertion of the last portion of the extract that I wish to direct attention. Mr. Cox is a clear-headed and far- sighted business man, but, like the majority of men iv successful busi- ness life, ho has failed to inform himself of the true attitude of trades unions with regard to apprentices. From a some- what familiar knowledge of the motives and rules of these useful associations I can stato that their governing motive in limiting the number of appren- tices to a certain percentage of the journeymen employed is to overcome the deadly blight which otherwise would fall upon every branch of skilled labor where the master only gives the appren- tice the "mere rudiments of a trade," in return for from live to seven years' faith- ful service. We maintain that the em- ployer shall teach the apprentice every branch of his calling and send him forth thoroughly equipped to maintain the honor and skill of his occupation. What Mr. Cox says in another portion of his add ress in regard to man a who plants hundreds of acres in fruit—that "he is simply a gambler for quantity not qual- ity, and a detriment to the State" —will apply with two-fold force to the employer who desires to employ twenty apprentices to one journeyman. A market glutted with poor and undesirable fruit is not half so injurious to the State as a labor market overstocked with men who have only half learned the trades by which they seek to earn a livelihood. Tho relation of master and apprentice is reciprocal; the apprentice gives a number of years of his young manhood to his em- ployer, in return for which the employer is required by the laws of trade unions, and by justice and equity, to turn him out a master of his calling, not a "botch," who will always be compelled to work for such pittance as the greed of tho own- ers of large and slip-shod establishments choose to give him. It takes as much time to learn to be a good mechanic as it does to be a doctor or lawyer, and he who attempts to teach a boy a trade should, take as much pride in thoroughly equip- ping him in his vocation as a legal or medical institution does in tho attain- ments of their pupils. In conclusion, I | maintain that trade unions are the best friends apprentices can have. C. M. Hariu.sox. "Down With Carpet-Baggers Again. Eds. Record-Union: The Evening Bee is right. Jiy what right does Dr. Reider dare to come within the ancient walls of our city, and presume to talk to our high and mighty Board of Supervisors, while "the acid of his last Los Angeles orange still permeatestho lining of his stomach?" It is indeed well lor us old citizens that the doctor hasn't got any boy, for it is all our four hundred respectable liquor mar- kets can do to supply our own boys with the necessary spirits and manhood to re- | sent the onslaught of carpet-baggers of I tho Dr. lieider and J. 11. Henry kind upon the peaceful slumbers of our old citizens. "Down with carpet-baggers." J. M'COMBER MINORS. The Guardianship Contest Settled Jackson AVihs. Tho contest over the guardianship'of the McComber minors was disposed of by Superior Judge Van Fleet yesterday. There were two petitions for letters of guardianship, one filed by Miss Phillips, a niece of the deceased, and A. A. Jack- son, McComber's brother-in-law. Mc- Coniber, it will be remembered, was a resident of Folsom, and was mentally p.nbalanced for some time before his death. While in that condition Jackson was appointed his guardian. In the court yesterday tho three oldest McComber children took tho witness- stand and stated that they preferred Jackson as their guardian/ The two youngest ones were not permitted to tes- tify, but said they wanted to go with Miss 4 Phillips. Judge Van Fleet said ho did not feel disposed to divide the family up, and issued letters of guardianship to Jackson. The estate is worth about 320,000. ROW IN A SALOON. Warrants of Arrest for the Two Par- ties Who Engaged in It. An intoxicated individual, who swore that he never touched a drop of liquor in his life, came to City Attorney Hart yes- terday morning and caused a warrant to be issued charging tho proprietor of a saloon on Seventh and E streets with battery. The complainant said his name was P. H. Ellsworth, and he claimed that the saloon-keeper beat him with a club. He did not know why tho assault was com- mitted, but in answer to questions by the City Attorney ho admitted having re- ferred to the saloon-keeper's wife in very indecent language. Shortly after Ellsworth left tho Station- house the proprietor of the saloon swore to a complaint charging him with dis- turbing tho peace. Norton and Little Satisfied. Tbe cases of John Norton and Stove Little, the two men who tried to shoot each other on Second street several nights ago, were dismissed in the Polico Court yesterday. Neither defendant wanted to testify against the other and they so stated in court. Notwithstanding the fact that the dif- ferences between the two men were settled and each agreed not to prosecute the other, the peace was disturbod and firearms wero discharged within the city limits. *_ TnE confidence of people who have tried Hood's Sarsaparilla, in this prepara- tion, is remarkable. It has cured many who have tailed to derive any good what- ever from other articles. For diseases caused by impure blood or low state of the system it is unsurpassed. Stkixvtat\u25a0* Sox's, popular Pease and brilliant Gabler Bros.' pianos: easy install- ments. A. J. Pomjner, corner Ninth and J. * Qamnxa Eastern coal oil and gasoline at Chamberlain & Co.'s, 6xl X street. \u2666 SACRAMENTO DAILY RECOKP-r^Toy, SATTTRPAY, SEPTEMBER 12, 1891.—EIGHT PAGES. 3 DIED. RAMSEY—In this city, September Bth, \V. Franklin Ramsey, a native of Ohio, aged 33 yeurs. *y Friends and acquaintances are respect- fully invited to attend the funeral to-day at 3 p. M., from Clark's undertaking parlors 1017 and 1019 Fourth street, between J and X streets. MILLS—In Cortez.Nev., September 10th, W. r. Mills, nephew of D. O. and Edgar Mills, and brother of James E. Mills of Sacramento a native of New York. * Reasons Why Dr. Price's Delicious Flavoring Extracts of Lemon, Vanilla, etc., Are Superior to All Others. .. They are prepared from the choicest and purest materials. They contain no poisonous oils or ethers. They are highly concentrated. They are more economical as they require less to flavor. No delicacies are ever spoiled by their use. They impart the true flavor of the fruit from which they are made. ©hangefr Qaily foe ptcinstach, gubin & (£<*\u2666 During Fair Our Stores Will Remain Open Evening Until 8 O'cloclc. Saturdays Until 10 O'clock. TO-DAY AT 9:3® A. M., SPECIAL SjPjILE O!F MESS m ID CHALLIS. Challis, in this season's designs, 4e a yard. Double-faced Challis, small figures on tinted grounds. Sale price, 6c a yard. Extra-fine French Challis, handsome designs and this season's goods, 40c a yard. Choice Fall Suitings, 36 inches wide, in de- sirable stripes on mixed gray grounds; will make excellent winter suits or wrap- pers. In this lot are a few pieces of All- wool Cardinal Ladies' Cloth. Price, 18c a yard. An assortment of stylish Autumn Suitings, consisting of Imported Homespuns, All- wool Tricots, and a good assortment of various weaves. The regular value of these goods is from BO to 60c a yard. i-Tice, o(Jc a yard. bßxas goods department. SOMETHING" NEW. Foundation Collars for silk or wool dresses. Made of buckram, in the tall, rolling shape now so much worn. Will not crush down and always retain their graceful shape. Price, 25e. FINE LEATHER PURSES. Purses and other Leather Goods are now to be seen at their best. The full winter stock is in. We show purses from 5c to $5 in value, and in dozens of novel shapes. The real Seal and Alligator Purses are especially handsome, some being very plain, others with sterling silver clasps and ornaments. Handbags also abound, but the story of new things in that line is almost too long to begin to tell. Weinstock, Lubin & Co. 400 to 412 X St., Sacramento. For tho Pavilion in tho evening, also (j£g_<ff| [ 'l^jp6^f^s?**S! rfr-WM fift BEAUTIFUL HATS |PpS9pP 610, 621 and 623 J Street. S^lff JmKrSfirS* BIG VALUES IS (MJUffllmmi AT CHAS. M. CAMPBELL'S, 409 X St. See our PINE BEDROOM SET (8 pieces) $17 WIRE SPRINGS, $2 50. PATENT KITCHEN TABLES, $4. FALL OPENING OF PARIS PATTERNS AT BON MARCHE, B2^Z J" ST. All the Latest Novelties in Millinery. EMA SWEENEY. POINTERS There arc few people attending the State Fair who do not bet some money on the races. Almost all receive pointers on the best way to win. Now we desire to give a few pointers on two subjects : ON THE RACES And the buying of Clothing. Always place your money on the winning horse in the race and then make sure of your winning by visiting our store and purchasing FINE CLOTHING, FURNISHING GOODS, HATS and CAPS, BOOTS and SHOES, etc We are.jn the midst of our Grand Removal Sale and are selling goods in all departments at prices lower than ever READ THE LIST And call and inspect the goods: Men's Black Worsted Suits, worth $5, now $2 SO Men's Fancy Worsted Suits, worth $6, now $3 OO Men's Fancy Cassimere Suits, worth $8, now $4 OO Men's Fancy Cheviot All-wool Suits, worth $10, now $5 75 Men's Extra Fancy Cheviot All-wool Suits, worth Jl2, now $6 SO Men's Fine Worsted All-wool Broadwales, worth $17 50, now $12 SO Men's Fine French Imported Black Corkscrew, worth $22 50, now $15 OO Men's Fine French Imported Worsteds, in broad and narrow wales, worth $25 now _, $17 3O Boys' Sailor Suits, worth $1 25, now 45c Boys' Suits, long pants, union cassimere; 13 to 18, worth $4, now $2 25 Boys' Suits, long pants, all-wool cassimere, worth $5 50, now $3 OO H. MARKS, MECHANICAL CLOTHING HOUSE, 414 X STREET Woven Wire Mattresses, -- $2 73 Bed Lounges, 12 Ofl Solid Walnut Wardrobe, - - 22 00 Antique Bedroom Set 7 pieces, 24 00 TUeso nro only a~fo^~ofthe mauy Daw Plains to bo found ut Li'JlOßt'aS Call and see our 3ne stock of Furniture >X anil- Carpets. StoroOpen Every Evening till S o'clock. 02O_AND 922 X STREET A Wl! TO SB RESTORED TO HEALTH AND streiißth after years of suffering is irukvd a Messing, it is Draetknll; a im- caved. By &£&rfil WILLIAM BENJAMIN TKIUCS. cio X Jtreet, realized thai hv was :I sk-u man. 110 wouM arise In the morning Geellng tired* bta nerves were unstrung, nnd there was an r- oeptlbleabsence of ambition. He could n.vt eal or sleep well and h.> began to ::<> Into a «!.-- clife. Ho preferred good health to sympathy and instead <>f waiting until he was past human aid h<- visited the Dnetnr Williams Dispensary. His case was one of general de- bility. He took four weeks' treatment and was discharged a perfectly cored man. Mr. Trlgea will gladly corroborate this statement Buflferera from CATARRH, Bronohitls and all Throat and Lung Diseases permanently cuied. NERVOUS DEIULITV, restating trt>m errors of youth, marital excesses, etc- and c rasing exhausting drains, lost i>f mem- ory, ambition and manlypower, Impedimenta to marriage, and wreeklng the victim men- tally and physically. BLOOD and skfn diseases, socb as Bcrofala, Syphilis, Ulcers, Blotches, affecting .body, throat and bones, are speedily and thoroughly eradicated from the system. URINARY AND KIDNEY troubles,pain- fui. too frequent, dlffloult or badly-colored Drine. pains In the. ba.'k. stricture Varlcoccle ami all private diseases CURED FOR LIF* Young, middle-aged or old men suffering from the effects offolilee :m<: ex.-esses rest to perfect health, munhond and vigor I>KS. \v. and S. WTT.TJAMB, Physjcians. Burgeons and Specialists, are graduates of tho best Americin and English Colleges in all branched of medicine and surgerj ; are llceni l- atesof the California state Board of Medical Examlners,and are legitimately enrolled in Mi.- Btate < official Bsglsb r. ii the; cannoi cure you of a chronic ailment, you will waste your time and money in trying others CONSULTATION FREE. SJDOCTOR WILLIAMS DISPENSARY, Gl'J X Street. Sncmmonto. < ul.. and nt •^8 Geary Street, San FranH^co. Officj'. HOTTBS—9 a. m. to 1 i>. M.,and iitoB P. M.; Sundays, 10 A. M. to 12 M. KILGORE & CO., —AGENTS FOR Studebaker Bros. wagons, carriages, BUGGIES and CARTS. Tho latest styles and tho bost ruade vehicles in tho world. Pacific Gas Engine, The leading and only successful Gas Engine in the market. 1000,1002,1004, 1006 X Street, SACRAMENTO. PLAZA CASH GROCERY lIOECKEL <fc CO., Proprietors, DEALFHSIX GROCERIES. PROVISIONS. ETC. Bulk Tgg»s and Coffees a Specialty. N. E. Cor. Tenth and J Streets. Free delivery of goods to any part of tho <ity. Boo.tf V. SCHNERR 6b COT (Successors to Postrl *i Pchnorr), Nos. mi and 1113 Front Street, Sacramento. Cat T)ROPRIETORS CAPITAL .SODA WORKS L and General Agents Frcdorirksburg Brew* ing Company, dealers in Wines, Imported Mineral Waters. Carbonated Drinks. Flasks, etc. Our Sarsaparilln, Irc.n and Vichy Watr-r and California Orange Cider still lead on thit uoast on account of their healthfulness, purity, delicate flavor and keeping qualities. «S* How are of liTßsponslbl* parties, who, under all sorts of misrepresenta- tion, offbrffor Bale similar but vastly Inferior zooda mndo In outside towns. O Kr^UbUZUJN tj remedy. When it is uaed or the roosts or in nest boxes, will kill all lice on th< hen*. Ask your dealer for It, or scud direct to v:s. Price 50eta per quart can, by express. Circulars frc«v Petaluma Incubator Co.. Petaluma. Cal FOP?. SjPILE. Q WA HEAD CHOICE fgfet£K fC')\) Spanish Merino (fivfiiSJbecf-c?^-^ Bueksat Whitney's, near TMffTOnV^*^^ Rot-kiln, Placer County, sJjpf X l&Br^n JOHN T. WHITNEY, dM Kocklln, Cal.a29-lm* Tft lift Alf ftflFgkl Scoria,, ftwm I W nbnll Ifflbll youthful errors *arly decay, wasting weaJmesa, lost manhood, etc, I will Rend a valuable troatl.so (npolod) containing full particulars for taama cure, FRBB of charge. A. eplendid medical work; should bs read by orery man who Is nervorn and d^hllltatpd. Adlr^si, BProfc F. C. FO WliZiK. JTlooda*. Conn* T>K. T. FELIX OOVBAI'D'S OBIEXTAIi JL> CBEA». OR JIAGI4AL ItlimMKU £s A Removes Tan, Pimples, SSrg Freckles, Moth Patches, - &1T '^Vs. Rash and skin sgi^ T^&C^""^" diseases, and cv» a»2a W^-^VSK /?MJ.).auty,anddenes ESgfe 1% ' rJF &$/ detection, lihas 2~ Z va 9/ y±y stood the test °* »C 3 '-Jr &T 40 years, and is so 032 2 JL >^**%- harmlesswetaste P<2a;S i *^^^»- 911 it to be sure it Is •>af "*^ a-t ]3 ( properly made. ,«9 S, <r<rwA \ Accept no coun- _J is.- _^* !C4^ -i-J'-rrfA \ toneit of similar fC^iSlr^ > ] - \ name. Dr. L. A. /'J^V*^&7»i I 1 Saver said to a I. S I r\ \^ **^ "An you ladies X **< &\jr w<!l use them, I recommend'Oou« raud'B Cream' as the least harmful of all U»e Sfetn preparations." For sale by all druraistn and flvney Koodß dealers in the t'nited States,Canados and V I- rope. FRED. T. HOPKINS, Proprietor 37 Great Jones street Mew York*. jws-TTS3DIit

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Page 1: Wire Bed Ofl TO-DAYAT - Chronicling America · 2017. 12. 19. · IS IT CONSTITUTIONAL? The Law Appropriating Money for the World's Fair. Can the $300,000 bo Expended by the Commissioners—Synopsis

IS IT CONSTITUTIONAL?

The Law Appropriating Money forthe World's Fair.

Can the $300,000 bo Expended by the

Commissioners—Synopsis

of the Briefs.

There is now on hearing before the Su-preme Court of this State a very interest-ing proceeding, involving the question ofthe constitutionality of the so-calledWorld's Fair bill. The last Legislaturepassed an Act appropriating the sum of$.'500,000 to pay the expenses of maintain-ing an exhibit of the products of thoState of California, and for the purpose ofproperly representing the State at theWorld's Columbian Exposition to boheld in Chicago in 1«!«, and also provid-ing for the appointment of seven Com-missioners, one each from the Con-gressional Districts of tho State, whoshould constitute the World's Fair Com-mission. At the time of the passage ofthis Act by the Legislature, there wasand still fa a wide divergence of opinionboth as to the policy of the Act and as toits constitutionality. In accordance withthe provisions of the Act the Governorappointed tho requisite number of Com-missioners, who have given tho necos--i;y bonds and have proceeded vigor-ously upon tho discharge of their dutiesLts such Commissioners. Among otheritems of expense is one of $85 for rent ofan oilice used by the California World'sFair Commission.

Demand was made by the commissionon the State Controller for a warrant onthe Treasurer to pay tins amount, whichthe Controller refused to issue. TheWorld's Fair Commission thon com-menced a proceeding in mandamus tocompel E. P. Colgan, State Controller, toissue the said warrant, and the case isnow before the Supreme Court upon ademurrer to plaintiff's petition.

The point relied upon by defendant, ina brief lately filed, is that the Act of tho.Legislature creating the commission amigranting tho appropriation is unconsti-tutional, and cites Article IV., Section 2^,Of the State Constitution, viz:

**Nomoney shall ever be appropriatedor drawn from the State Treasury for theuse (or benefit) of any corporation, asso-

iation, asylum or hospital, or any otherinstitution not under the exclusive man-agement and control ofthe State as a State

itution, nor shall any grant or dona-tion ofproperty ever bo made thereto bythe State."

"Article IV., Section 31. The Legisla-ture shall have no power to give or lendthe credit of tho State in aid ofany per-non, association or corporation, whethermunicipal or otherwise, or to pledge thecredit thereof in any manner whateverfor the payment of liabilities of any in-dividual, association, municipal or othercorporation whatever, nor shall it hare thepower to make any gift, or authorize themaking of any gift, of any public moneyor thing of value to any \u25a0tinlirulual, mu-nicipal, or other corporation, whatever."

"Article IV., Section 3ii. The Legisla-ture shallhave no power • * • topay,or authorize the payment of any claimhereafter created against the state'under any agreement or contract made•without express authority of law, andall such unauthorized agreements or con-tracts shall be null and void."

[The italics arc ours.]The defendant contends that the legis-

lative Act is inhibited by the foregoingprovisions of the Constitution for threereasons:

First—The management and control.•md the "work and object" in view arenot exclusively in the State as a State in-stitution.

Second—This Act carried out accordingto its own terms aids a private corpora-tion.

Third—The use of the appropriation isnot a public uso.

In support of the first contention de-fendant urges:

That the Act of Congress providing forthe World's Fair in etlect says that the< 'alilornia Commission cannot exclu-sively or at all control and manago herexhibits or her products in the Colum-bian Exposition, to do which the |900,000was appropriated—but that uuder saidAct of Congress the NationalCommissionWill have almost complete control of thoexhibition, prepare and classify exhibits,determine the i>!an and scope ofthe exhi-bition, ana generally have charge of allIIntercourse with the exhibitors and therepresentatives offoreign nations.

That the National Commission and theCalifornia Commission cannot each at

-aine time have exclusive controlmanagement of the California ex-

hibit, and lor that reason alone the Act isplainly unoonstitution.il.

That the commission must do a largopart of its work outside of the State'slimits.

That California, under the guise of ex-pepding money fora State institution, ist-.muz u> expend itunder three authori-ties: 1. General laws of Illinois. 2. I n-<. v the law a and regulations of Congress.•':. Under the by-law powers ofa privateIllinois corporation. Itselfsubject to tholocal Legislature's future control.

In support ofthe second point made byadant, "that this Act. carried out ;u:-Ltngtoits <»un terms,aids \u25a0 private

corporation," defendant argues:That there is a private corporation tn |

Chicago which virtually controls th<-World's Fair.That this corporation will control us

Xhibitors, and then asks and answerstho pertinent question, "'Who can controlthis Illinois corporation?" "Nobodybut its Directors and the Legislatureti r."

That there is no moans of knowing orcotapeUing this iprivate corporation ofi ing and expending the Sli 1,000,000 jrailed for by the Ait of Congress.

That the California Commission, by !Obtaining the consent of the National ICommission to select a site for their build-ing, -have thus (airlyconceded thr- supe-rior authority of the National Conun\u25a0ion.

[n support of tho third contention oflefenaant—"the use of theappropria-Is not a public use" be argues that I

• ion can only be for a public UTho right to tax depends upon the ulti-. purpose and omd for whichthe fund is raised. While it may be true,as contended for by plaintiff, thai Stateadvertisement is desirable and that theultimate object of this expenditure is t. attention to the resources, greatness,grandeur and possibilities of our State,

the State's money can only be ;;In Sid ofa public project—an object whichis within the purposes for which govern- Imentsare established—and that tho ex-penditure of this appropriation of thepeople's money would be an arbitraryexercise of power—• violation of the< onstitutionai rights of those from whomthe money is taken. And an unjustifiableusurpation.

iiii: oomxssioirros* nThe plaintiff contends that the Act of

the Legislature creating the commissionand appropriating ss'ioo.ooa for tho pur-- therein mentioned hi constitutional.

Thai the Legislature bas the same un-limited power of legislation that resides Ii;i the British Parliament except as

Ined by the provisions of the State\u25a0 onfttitutions.

\ i c rtainly does not violate. • \u25a0• n3l of Article IV.ntitution.

I ure h:-.s not loaned tho' it.' in :i\.\ at any person or

r lon, municipal orruiso. The State has created no

j dgc. It ha* n.>t made a gifttoanymoney appropriated Is t->

1 c us<'! For purchasing materials, etc. for IState, i!,,. titl< to w Inch tho

uniissioners i» ing simplythe porchasine or contracting agents.

That tit. \ : ,v not violate any ofthe provisions ofSection 330f Article IV.,for the appropriation is not nads top*yany claim again*! the State under anagreement or contract made without ox-j. rc«s authority of law.

That the Commissioners are only au-

thorized to expend the money whenthey have entered into contracts for theState for its benefit, and have receivedvaluable consideration. Upon such con-tracts they are to pay the money.

That the State becomes the owner ofthe materials and the buildings to beerected to exhibit the whole products ofCalifornia.

The display is also under State control,so far an the Legislature has chosen to en-act, and where not so it certainly may besubjected to such absolute control when-ever the Legislature chooses.

This commission is not created for pe-cuniary profit, but for tho benefit of thoState. Tho Commissioners are simplythe agents of the State for making con-tracts on the part of the State and for dis-bursiug the money of the Slate uponsuch contracts for the State. ,

The objection made to the expenditureof the money in question could equallywell be made to the expenditure of allmoneys appropriated for the maintenanceof State institutions, prisons, asylums,etc.

As to the contention of defendant thatthe Stato cannot own, control or managean institution outside of the State, the,commission urges that this State and allStates have at all times and must neces-sarily carry on institutions outside of theState.

That the State has sent an agent toAustralia to procure parasites for the pro-tection of fruit trees.

That physicians are sent out of theState to conventions of health officers ofthe various States to ascertain the bestinodo of treating epidemic diseases.

That these Acts and appropriations havenever been questioned, notwithstandingall the powers of these various Stateagents have been exercised outside of theState.

The plaintiffurges that this appropria-tion is not a gift, and that the State hasthe undoubted right to expend money todisplay its products.

That there is nothing in the argumentthat some of the money may be improp-erly expended. The courts willprcsumothat every State officer will perform hisdoty according to law.

The chief objection made to the Ace isthat the building will be erected on landnot owned by the State. In answer tothis tho Supreme Court of this State, inMcCauley vs. Brooks, 10 Cal. 11, has de-cided that there is nothing in the Consti-tution prohibiting tho State from erectinga building on leased ground, hence thecourt must presume that the Commis-sioners willlease or obtain a right to oc-cupy space in Chicago at such feasibleand practicable point as they may selectfor the State building. The State willown the building, and may remove thesame at the termination of the exposition.

This Act is not special legislation, andnot in violation of any of the provisionsof Section 25 of Article IV. of the Consti-tution. The appropriation is for theState, not for any individual. Never be-fore did anyone .contend that an appro-priation to a State Fair was special legis-lation. The expenditure is for the bene-fit of the State.

The brief of the Attorney-General,from which this argument for the plaint-iff is largely taken, shows that a Verylarge proportion of the States of theUnion have appropriated large sums forthe very purpose of making Stato exhib-its at the World's Fair.

In the discussion of this* case eachparty has cited numerous and well-con-sidered authorities in support of the va-rious positions assumed by them.

While the amount at stake in this pro-ceeding is a very Insignificant one, stillupon the decision of this case rests thevalidity of the Act of the Legislaturecreating the commission, and appropri-ating money for the California State ex-hibit at the World's Columbian Exhibi-tion. The decision of the Supreme Courtwill be awaited with anxiety by many,and with much curiosity and interest byall.

A BURGLAR.

Major Ennis and His Family Startledat Night.

j The Thief Ringed Out with a Mask,

a, Bnll's-ey© I^antern andan Ulster.

When burglars steal anything IromMajor Enuis' home, it willbe on someoc-casionwhen the Major is not in the im-mediate vicinity of the house. He has

! always said so, and an experience whichhe had early Thursday morning at hisresidence, on Eighteenth and 0 streets,proves that he is a man of his word, butthat he relies to a great extent on the as-

| sistance of his wife.\u25b2bout half-past 1 o'clock Thursday

morning, Mrs. Ennis awoke and noticeda dim light in a room adjoining the bed-room. She thought at first that it wasone of the family, and rather faintly asked"ifthat was Scott," hor son. Receivingno reply, she arose and walked to thedoor, and, to her horror, saw that it was aburglar. The man was very tall, worean ulster of light colored material, and amask, and had his feet wrapped withcloths. 1!< carried a bull's-eye lantern fnbis hand, but the moment he saw Mrs.Knnis standing in the doorway he turnedthe light out and rushed towards the backpart of the house.

Mrs. Bnnis awoke her husband, and,pistol in hand, he started in pursuit, butdid not even get a glance at the burglar.The rear window offthe kitchen and theback door were found open, showing thatthe thief entered through the window andthen opened the door, in order to make ahurries! exit in case of an emergency—aprecaution that proved to bo a very wiseone on this occasion.

The thief did not take anything fromthe house with him in his flight.

Major Ennis says he would have givenflOtothe executors of tho burglar's es- Itate just to have gotten one shot at him.Some of his friends who claim to knowwhat kind of a pistol the Major owns,say, however, that tho weapon has notbad a load iv it for years.

Mrs. Ennis was quite badly frightened,bnt effectively recovered from the shockwhen her husband wonderingiy remarkedthat the thief must have been some fellowwho had seen him make a %i "killing" attho Golden Eagle a few hours before.

Police Court.YA. Martin was found guilty of va-

grancy by Judge Cravens yesterday.The evidence showed that Martin gaineda livelihood by begging. He will be sen-tenced to-day.

Joe Kingsberry, charged with vagrancy,was given a reasonable time within whichto leave the city.

< harles Besoot wss fined 910 for drunk-enness, and Joe Longnecker, who wasbrought in on a similar charge, forfeitedhis deposit.

l'an O'Hara, charged with misde-meanor, had his trial set for tho 'Jlm in-stant.

Bam Brown was ordered to appi ar nextMonday to answer to a charge of attemptto rob.

Berlin Cough Care.For roughs and folds and all Inns nnd

tlmrvt attentions this article lias superiorimnt. Itis perfectly harmless, gives fmme-

\u25a0

i iicfand cures tli«' worst ca^e- In fromtwo to three days. Indorsed i>v our best phy-sicians. Try \u25a0 ixittlf :it!d you wilt alwaysK<t]>ii. Priee,fifty oents*>bottle. TheW HBone Company, san Francisco, cole propri-etors. Kirfc, Qeanrdk Co. sole agents. Tryc.('. liniment )or af't\<•>< and pains. *- m !:ami:nto, C'ai,.. January 2:1, 1887Thiß is to certify th«t we are thoroughlywell i>loiisfd with the splendid Mftthuokek!' a!iM !r-«ni John K. OoOpCT't music store«!.xh we iMil at our eOßOerl last ovenintr!

>n ;md tone are as perfect us can he ob-tained in a piano. / I I.IATKEHELLAPA I-1. MUBIN, '• E. STEINIk»KK.

To ti!K IVblic—Durliiß fair time the only] l.ico to buy the U'st lun<h meat and fineHiuißps, made fresh every day, is at Odell Ah< : tog's, 1090 Kstrati \u2666

Resdot leave :<U orden lor goods at Cham-bcrlaiu ikCo.'a 611 X street. •

INCOMPLETE RECORDS.

The Chairman of the SupervisorsFinds Considerable Fault.

Clork Ithonds Kicks Back—That Hicks-

vlllo Bridge Affaln—TroubloOvor a Folsom Alley.

The Board of Supervisors resumed itssession yesterday, all the members beingpresent and Chairman Greer presiding.

When Clerk Khoads read the minutesof the previous day's session, the Chair-man complained that they were not fullenough. lie recollected many little mat-ters that had come before the board andno mention was made of them in theclerk's record.

HE KICKKD BACK.Clerk Rhoads did not take kindly to

this. "1 am not a shorthand reporter!"he said, "and am not able to take all thetalk that this board indulges in."

"What about the reports from the dif-ferent committees yesteiday?" asked theChairman.

"They were all oral and in the form of ageneral talk between the members. Ifthe Chairman of tho committees will sub-mit their reports in writing they will ap-pear on the minutes, but I am unable totake a report which winds up in a halfhour's discussion."

Chairman Greer wished to submit thematter to the hoard. He thought at allevents tho minutes should hereafter bemore explicit.

But as the other members of the boardwere not paying much attention to whatwas going on the matter was droppedwithout any action being taken. Mr.Khoads assured the Chairman, however,that he would do the best he could withthe minutes.

TROUBLES AT FOLSOM.Tho remainder of the forenoon session j

was taken up in examining tbe monthlybills against the county. At the after-noon session the long-standing difficultybetween Dr. Lyons ;>.ni widow Hanlon ofFolsom came up for hearing again. It Iappears that an alley had once dividedthe property of these two persons, butDr. Lyons closed it up and used it for agarden. Mrs. Hanlon appealed to theSupervisors several times to have thealley reopened, but nothing was everdone in the matter. Mrs. Hanlon claimedthat by reason of the doctor's usurpationshe was unable to get water on to herplace and was otherwise inconvenienced.

A letter from Dr. Lyons was receivedyesterday stating that the writer had noobjection to parties running water forirrigation purposes through his lots, and jthat the claim of Mrs. Hanlon that he re-fused to give her such permission was aslander on him.

After considerable discussion on thesubject the board decided to order thealley opened.

THAT HICKBVILLEBRIDGE.The repairs on the Hicksvillo bridge

were the subject of another talk yester-day. In going over a pile of bills Mr.Bates came across one for |282 for E. S,Barry of Elk Grove. This was for a partof the work done on the bridge.

When the Road Committee reported tothe board several weeks ago that thisbridge was in a dangerous condition, itwas also reported that the repairs wouldnot cost over §150 at the most. The boardauthorized Chairman Jenkins of thecommittee to have the work done, butplaced no limit on the amount to be paidout.

Naturally, when a bill for 8282 for onlya part of the work came up yesterdaythere was a howl from the other membersof the board.

Mr. Jenkins explained that the amountof repairs needed had been under-esti-

jmated. A great many timbers were rot-ten and needed replacing, which had notbeen noticed by the committee.

Mr. Bates said he supposed the countywas now at the mercy of ContractorBarry. The latter could string the workout so that it would last until next year.The work, he thought, should have beengiven out by contract in the first place.

TO EXAMIXD IT.Chairman Greer suggested that it would

be wise for tho Road Committee to visitthe bridge again and ascertain exactlywhat further work was necessary. Hethought that the committee should lookinto the matter Monday.

There was considerable desultory dis- !cussion on the subject. Mr. Bates said he '•would not go Monday, nor at all. Hehad seen the bridge and knew all about it.

Itwas finally agreed, however, that the jcommittee should visit the bridge sometime during next week.

After the discussion was all over, Mr.Jenkins announced that he had receiveda letter from Contractor Barry in whichthe latter stated that tho bridge would befinished by tho end of this week.

"Why didn't you say something aboutthat belore, and save us all of this wind?"said Chairman Greer, turning away indifgust.

The committee willexamine the bridgejust the same.

After examining some more bills theboard adjourned until the 20th inst.

EVERYBODY'S COLUMN.Correspondence of Interest to the

General Public.[Under this heading the Rf.cord-Uxios

willpublish short letters Irom correspondentson topics of interest to the general public. Thematter in those communications will lie un-derstood to represent only the views of thewriters. Allcommunications must be accom-panied by the name of the writer, not for pub-lication, unless so desired, but as a guaranteeor good faith.—Eiw.j

Trades Unions and Apprentices.Eds. Rkcord-Uvion : I have read

with much interest the opening addressof Hon. Frederick Cox, President of theState Agricultural Society, delivered atthe Pavilion on Thursday evening, andpublished in the Record-Union of yes-terday morning. The address is able andscholarly, but there are soino sentencesin it to which Icrave space in your col-umns to briefly call attention. In speak-ing oi the tendency of boys and youngmen to leave rural. occupations andseek employment in towns and cities,Mr. Cox says:

"He sinks into the clerkship or learnstho mere rudiments of a trade from whichhe never rises. « * * The power of

the trades unions prevents tho majorityof our boys from learning trades."

Tho first portion of this quotation is atruism, and tho exceptions thereto arescarcely one in a thousand. But it is tothe misleading or rather disparaging as-sertion of the last portion of the extractthat Iwish to direct attention.

Mr. Cox is a clear-headed and far-sighted business man, • but, likethe majority of men iv successful busi-ness life, ho has failed to inform himselfofthe true attitude of trades unions withregard to apprentices. From a some-what familiar knowledge of the motivesand rules of these useful associations Ican stato that their governing motive inlimiting the number of appren-tices to a certain percentage of thejourneymen employed is to overcome thedeadly blight which otherwise would fallupon every branch of skilled laborwhere the master only gives the appren-tice the "mere rudiments of a trade," inreturn for from live to seven years' faith-ful service. We maintain that the em-ployer shall teach the apprentice everybranch of his calling and send him forththoroughly equipped to maintain thehonor and skill of his occupation.

What Mr. Cox says in another portionofhis add ress inregard to man a who plantshundreds of acres in fruit—that "he issimply a gambler for quantity not qual-ity, and a detriment to the State" —willapply with two-fold force to the employerwho desires to employ twenty apprenticesto one journeyman. A market gluttedwith poor and undesirable fruit is nothalf so injurious to the State as a labormarket overstocked with men who haveonly half learned the trades by whichthey seek to earn a livelihood.

Tho relation of master and apprentice isreciprocal; the apprentice gives a numberofyears ofhis young manhood to his em-ployer, in return for which the employeris required by the laws of trade unions,and by justice and equity, to turn him outa master of his calling, not a "botch,"who will always be compelled to workfor such pittance as the greed of tho own-ers of large and slip-shod establishmentschoose to give him. It takes as muchtime to learn to be a good mechanic as itdoes to be a doctor or lawyer, and he whoattempts to teach a boy a trade should,take as much pride in thoroughly equip-ping him in his vocation as a legal ormedical institution does in tho attain-ments of theirpupils. In conclusion, I

| maintain that trade unions are the bestfriends apprentices can have.

C. M. Hariu.sox."Down With Carpet-Baggers Again.

Eds. Record-Union: The Evening Beeis right. Jiy what right does Dr. Reiderdare to come within the ancient walls ofour city, and presume to talk to our highand mighty Board of Supervisors, while"the acid of his last Los Angeles orangestill permeatestho liningof his stomach?"It is indeed well lor us old citizens thatthe doctor hasn't got any boy, for it is allour four hundred respectable liquor mar-kets can do to supply our own boys withthe necessary spirits and manhood to re-

| sent the onslaught of carpet-baggers ofI tho Dr. lieider and J. 11. Henry kind

upon the peaceful slumbers of our oldcitizens. "Down with carpet-baggers."

J.

M'COMBER MINORS.The Guardianship Contest Settled —

Jackson AVihs.Tho contest over the guardianship'of

the McComber minors was disposed of bySuperior Judge Van Fleet yesterday.

There were two petitions for letters ofguardianship, one filed by Miss Phillips,a niece of the deceased, and A. A. Jack-son, McComber's brother-in-law. Mc-Coniber, it will be remembered, was aresident of Folsom, and was mentallyp.nbalanced for some time before hisdeath. While in that condition Jacksonwas appointed his guardian.

In the court yesterday tho three oldestMcComber children took tho witness-stand and stated that they preferredJackson as their guardian/ The twoyoungest ones were not permitted to tes-tify, but said they wanted to go with Miss 4Phillips.

Judge Van Fleet said ho did not feeldisposed to divide the family up, andissued letters of guardianship to Jackson.

The estate is worth about 320,000.

ROW IN A SALOON.Warrants of Arrest for the Two Par-

ties Who Engaged in It.An intoxicated individual, who swore

that he never touched a drop of liquor inhis life, came to City Attorney Hart yes-terday morning and caused a warrant tobe issued charging tho proprietor of asaloon on Seventh and E streets withbattery.

The complainant said his name was P.H. Ellsworth, and he claimed that thesaloon-keeper beat him with a club. Hedid not know why tho assault was com-mitted, but in answer to questions by theCity Attorney ho admitted having re-ferred to the saloon-keeper's wife in veryindecent language.

Shortly after Ellsworth left tho Station-house the proprietor of the saloon sworeto a complaint charging him with dis-turbing tho peace.

Norton and Little Satisfied.Tbe cases of John Norton and Stove

Little, the two men who tried to shooteach other on Second street several nightsago, were dismissed in the Polico Courtyesterday. Neither defendant wanted totestify against the other and they sostated in court.

Notwithstanding the fact that the dif-ferences between the two men weresettled and each agreed not to prosecutethe other, the peace was disturbod andfirearms wero discharged within the citylimits.

*_

TnE confidence of people who havetried Hood's Sarsaparilla, in this prepara-tion, is remarkable. It has cured manywho have tailed to derive any good what-ever from other articles. For diseasescaused by impure blood or low state of thesystem it is unsurpassed.

Stkixvtat\u25a0* Sox's, popular Pease andbrilliant Gabler Bros.' pianos: easy install-ments. A. J. Pomjner, corner Ninth and J. *

Qamnxa Eastern coal oil and gasoline atChamberlain & Co.'s, 6xlX street. \u2666

SACRAMENTO DAILY RECOKP-r^Toy, SATTTRPAY, SEPTEMBER 12, 1891.—EIGHT PAGES.3

DIED.RAMSEY—In this city, September Bth, \V.

Franklin Ramsey, a native of Ohio, aged 33yeurs.*yFriends and acquaintances are respect-

fully invited to attend the funeral to-dayat 3 p. M., from Clark's undertaking parlors1017 and 1019 Fourth street, between Jand X streets.

MILLS—In Cortez.Nev., September 10th, W.r. Mills, nephew of D. O. and Edgar Mills,and brother ofJames E. Mills of Sacramentoa native ofNew York. *

Reasons WhyDr. Price's Delicious FlavoringExtracts of Lemon, Vanilla, etc.,Are Superior to All Others. • . .

They are prepared from the choicest andpurest materials.

They contain no poisonous oils or ethers.They are highly concentrated.They are more economical as they require

less to flavor.No delicacies are ever spoiled by their use.

They impart the true flavor of thefruit from which they are made.

©hangefr Qaily foe ptcinstach, gubin & (£<*\u2666

During Fair Our Stores Will Remain Open EveningUntil 8 O'cloclc. Saturdays Until 10 O'clock.

TO-DAY AT 9:3® A. M.,SPECIAL SjPjILE O!F

MESS m ID CHALLIS.Challis, inthis season's designs, 4e a yard.Double-faced Challis, small figures on tinted

grounds. Sale price, 6c a yard.Extra-fine French Challis, handsome designs

and this season's goods, 40c a yard.Choice Fall Suitings, 36 inches wide, in de-

sirable stripes on mixed gray grounds;willmake excellent winter suits or wrap-pers. In this lot are a few pieces of All-wool Cardinal Ladies' Cloth. Price, 18c ayard.

An assortment of stylish Autumn Suitings,consisting of Imported Homespuns, All-wool Tricots, and a good assortment ofvarious weaves. The regular value ofthese goods is from BO to 60c a yard.i-Tice, o(Jc a yard. bßxas goods department.

SOMETHING" NEW.Foundation Collars for silk or wool dresses.

Made of buckram, in the tall, rolling shapenow so much worn. Will not crush downand always retain their graceful shape.Price, 25e.

FINE LEATHER PURSES.Purses and other Leather Goods are now

to be seen at their best. The fullwinter stockis in. We show purses from 5c to $5 invalue, and in dozens of novel shapes. Thereal Seal and Alligator Purses are especiallyhandsome, some being very plain, otherswith sterling silver clasps and ornaments.

Handbags also abound, but the story ofnew things in that line is almost too long tobegin to tell.

Weinstock, Lubin & Co.400 to 412 X St., Sacramento.

For tho Pavilion in tho evening, also (j£g_<ff| [ 'l^jp6^f^s?**S! rfr-WM fift

BEAUTIFUL HATS |PpS9pP

610, 621 and 623 J Street. S^lff JmKrSfirS*

BIG VALUES IS (MJUffllmmiAT

CHAS. M. CAMPBELL'S, 409 X St.See our PINE BEDROOM SET (8 pieces) $17WIRE SPRINGS, $2 50.PATENT KITCHEN TABLES, $4.

FALL OPENING OF PARIS PATTERNSAT

BON MARCHE, B2^Z J" ST.All the Latest Novelties in Millinery.

EMA SWEENEY.

POINTERSThere arc few people attending the State Fair who do not bet some

money on the races. Almost all receive pointers on the best way to win.Now we desire to give a few pointers on two subjects :

ON THE RACESAnd the buying of Clothing. Always place your money on the winninghorse in the race and then make sure of your winning by visiting our storeand purchasing FINE CLOTHING, FURNISHING GOODS, HATS and CAPS,BOOTS and SHOES, etc We are.jn the midst of our Grand Removal Saleand are selling goods in all departments at prices lower than ever

READ THE LISTAnd call and inspect the goods:

Men's Black Worsted Suits, worth $5, now $2 SOMen's Fancy Worsted Suits, worth $6, now $3 OOMen's Fancy Cassimere Suits, worth $8, now $4 OOMen's Fancy Cheviot All-wool Suits, worth $10, now $5 75Men's Extra Fancy Cheviot All-wool Suits, worth Jl2, now $6 SOMen's Fine Worsted All-woolBroadwales, worth $17 50, now $12 SOMen's Fine French Imported Black Corkscrew, worth $22 50, now $15 OOMen's Fine French Imported Worsteds, in broad and narrow wales, worth $25 now_, $17 3OBoys' Sailor Suits, worth $1 25, now 45cBoys' Suits, long pants, union cassimere; 13 to 18, worth $4, now $2 25Boys' Suits, long pants, all-wool cassimere, worth $5 50, now $3 OO

H. MARKS, MECHANICAL CLOTHING HOUSE, 414 X STREET

Woven Wire Mattresses, - - $2 73Bed Lounges, 12 OflSolid Walnut Wardrobe, - - 22 00Antique Bedroom Set 7 pieces, 24 00TUeso nro only a~fo^~ofthe mauy DawPlains to bo found ut

Li'JlOßt'aSCall and see our 3ne stock of

Furniture >X anil- Carpets.StoroOpen Every Evening till S o'clock.

02O_AND 922 X STREET

A Wl!TO SB RESTORED TO HEALTH AND

streiißth after years of suffering is irukvda Messing, it is Draetknll; a im- caved.

By &£&rfil

WILLIAM BENJAMIN TKIUCS. cio XJtreet, realized thai hv was :I sk-u man. 110wouM arise In the morning Geellng tired* btanerves were unstrung, nnd there was an r-oeptlbleabsence of ambition. He could n.vteal or sleep well and h.> began to ::<> Into a «!.--clife. Ho preferred good health to sympathyand instead <>f waiting until he was pasthuman aid h<- visited the Dnetnr WilliamsDispensary. His case was one of general de-bility. He took four weeks' treatment andwas discharged a perfectly cored man. Mr.Trlgea will gladly corroborate this statementBuflferera from CATARRH, Bronohitls andall Throat and Lung Diseases permanentlycuied. NERVOUS DEIULITV, restatingtrt>m errors of youth, marital excesses, etc-and c rasing exhausting drains, lost i>f mem-ory, ambition and manlypower, Impedimentato marriage, and wreeklng the victim men-tallyand physically.

BLOOD and skfn diseases, socb asBcrofala, Syphilis, Ulcers, Blotches, affecting.body, throat and bones, are speedily andthoroughly eradicated from the system.

URINARY AND KIDNEY troubles,pain-fui. too frequent, dlffloult or badly-coloredDrine. pains In the. ba.'k. stricture Varlcoccleami all private diseases CURED FOR LIF*Young, middle-aged or old men sufferingfrom the effects offolilee :m<: ex.-esses restto perfect health, munhond and vigor

I>KS. \v. and S. WTT.TJAMB, Physjcians.Burgeons and Specialists, are graduates of thobest Americin and English Colleges in allbranched of medicine and surgerj ; are llceni l-atesof the California state Board of MedicalExamlners,and are legitimately enrolled inMi.- Btate < official Bsglsb r. ii the; cannoi cureyou ofa chronic ailment, you will waste yourtime and money in trying others

CONSULTATION FREE.

SJDOCTOR WILLIAMS DISPENSARY,Gl'J X Street. Sncmmonto. < ul.. and nt

•^8 Geary Street, San FranH^co.Officj'. HOTTBS—9 a. m. to 1 i>. M.,and iitoB

P. M.; Sundays, 10 A. M. to 12 M.

KILGORE & CO.,—AGENTS FOR

Studebaker Bros.wagons, carriages,

BUGGIES and CARTS.Tho latest styles and tho bost ruadevehicles in tho world.

Pacific Gas Engine,The leading and only successful

Gas Engine in the market.

1000,1002,1004, 1006 X Street,SACRAMENTO.

PLAZA CASH GROCERYlIOECKEL <fc CO., Proprietors,

DEALFHSIX

GROCERIES. PROVISIONS. ETC.Bulk Tgg»s and Coffees a

Specialty.

N. E. Cor. Tenth and J Streets.Free delivery of goods to any part of tho

<ity. Boo.tf

V. SCHNERR 6b COT(Successors to Postrl *i Pchnorr),

Nos. mi and 1113 Front Street, Sacramento. CatT)ROPRIETORS CAPITAL .SODA WORKSL and General Agents Frcdorirksburg Brew*ing Company, dealers in Wines, ImportedMineral Waters. Carbonated Drinks. Flasks,etc.

Our Sarsaparilln, Irc.n and VichyWatr-r andCalifornia Orange Cider still lead on thituoast onaccount of their healthfulness, purity,delicate flavor and keeping qualities.

«S* How are of liTßsponslbl* parties,who, under all sorts ofmisrepresenta-tion, offbrffor Bale similar but vastlyInferior zooda mndo In outside towns.

O Kr^UbUZUJN tjremedy. When itis uaed orthe roosts or in nest boxes, will kill all lice on th<hen*. Ask your dealer for It, or scud direct to v:s.Price 50eta per quart can, by express. Circulars frc«vPetaluma Incubator Co.. Petaluma. Cal

FOP?. SjPILE.Q WA HEAD CHOICE fgfet£KfC')\) Spanish Merino (fivfiiSJbecf-c?^-^Bueksat Whitney's, near TMffTOnV^*^^Rot-kiln, Placer County, sJjpf Xl&Br^n

JOHN T. WHITNEY, dMKocklln, Cal.a29-lm*

Tft liftAlfftflFgkl Scoria,, ftwm

I W nbnll Ifflbllyouthfulerrors*arly decay, wasting weaJmesa, lost manhood, etc,I will Rend a valuable troatl.so (npolod) containingfull particulars for taama cure, FRBB of charge.A. eplendid medical work; should bs read by oreryman who Is nervorn and d^hllltatpd. Adlr^si,BProfc F. C. FO WliZiK.JTlooda*. Conn*

T>K. T. FELIX OOVBAI'D'S OBIEXTAIiJL> CBEA». OR JIAGI4ALItlimMKU£s A Removes Tan, Pimples,SSrg Freckles, Moth Patches,- u£ &1T '^Vs. Rash and skinsgi^ T^&C^""^" diseases, and cv»

a»2a W^-^VSK /?MJ.).auty,anddenesESgfe 1% ' rJF &$/ detection, lihas

2~ Z va 9/ y±y stood the test °*»C 3 '-Jr &T 40 years, and is so032 2 JL >^**%- harmlesswetasteP<2a;S i

*^^^»- 911 it to be sure it Is•>af "*^ a-t ]3 • ( properly made.

,«9 S, <r<rwA \ Accept no coun-_J is.- _^*!C4^ -i-J'-rrfA \ toneit of similar

fC^iSlr^ > ] - \ name. Dr. L. A./'J^V*^&7»i I 1 Saver said to a

I. S I r\ \^ **^ "An you ladiesX **< &\jr w<!l use them, I

recommend'Oou«raud'B Cream' as the least harmful of all U»e Sfetnpreparations." For sale by all druraistn and flvneyKoodß dealers in the t'nited States,Canados and V I-rope. FRED. T. HOPKINS, Proprietor 37 GreatJones street Mew York*. jws-TTS3DIit