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THE CITY FUNDS. They Are Awarded to the City Bank by Law. Judge Van Dyke Hands Down an Elaborate Opinion. The City Conneil Left Without a Leg: to Stand On. The Taxpayers Are to Get the Benefit of $20,000 Interest on the Use of the Public Honeys. The people are well acquainted with the contest for the uae of the city moneys. The new charter provides a way to let the funds out at interest. Under thia law the City Bank bid 4 L a per cent per annum for the uae of the money. Certain interested parties tried to prevent this, and the last movement waa a suit brought by Mr. Jesse Yar nell, as a bondsman on the City Treas urer's bond, to restrain the Treasurer from letting the money go out of his hands. To this the attorneys of the bank, the Meaars. Grafl', Gibbon & Creighton, demurred, and yesterday Judge Van Dyke handed down an opin ion austaining the demurrer, and thus niling that the City Bank must get the money. J. S. Chapman, Eaq., the at torney for Yarnell, ia in San Diego, and nothing will be done until he returns in a day or two, when the judgment will be formally entered and the money pro bably turned over to the bank. After reviewing the history of the ease, Judge Van Dyke's opinion goes on to set forth the reasons for the decision he has come to, as follows: The charter of this city was framed by freeholders in pursuance of Section 8, Article XI, of the State constitution, as amended in 1887. As that section first stood, a charter framed by freeholders could only be made in a city containing more than 100,000 inhabitants. By the amendment of 1887 a similar provision was added as to cities containing a popu lation of 10,000 and not more than 100,000. In Brooks vs. Fischer, 79 Cal. 173, it was held by our Supreme Court that the charter of this city was framed and ap proved in accordance with the pro visions of the constitution. The aection of the constitution in question provides that when such charter is submitted to the Legislature for its approval, and has been approved as therein provided, it "shall become the organic law" of said city, "and shall supersede any existing charter, and all amendments thereof, and all special laws inconsistent with ■aid charter." It is, therefore, a law, and of as high dignity as though it had been passed by the ordinary law-making power (in a case where there is no con stitutional prohibition of such action on the part of the Legislature). Under the former constitution the Legislature, that is, the ordinary law-making power, passed special laws incorporating cities and towns, and prescribed the duties of tne- various officers of the same, there being no limitation as in the present constitution in that respect. The charter of this city, passed by the Legis lature under the former constitution, in 1878, contained a provision similar to the one embodied in the present charter in reference to the deposit of the public lands in a bank. It is intimated on the part of counsel for plaintiff that no action was ever taken under the old charter for the purpose of depositing the pub lic funds in a bank, for tlie reason that there was some question about its validity. It is difficult to see wherein guch a provision under the former con stitution should be invalid, for the rea son, as stated, that there was no restric tion upon the legislative power in refer ence to the incorporation of cities and towns, and the Legislature therefore pos sessed full power in the premises. It has always been held where there is no such restriction, that municipal corpora tions were entirely subject to legislative control in the use and disposition of mu nicipal property and funds. In other words, the power of the Legislature in the premises is only limited by the Con stitution of the United States and the constitution of its own State. It is not pretended, nor could it well be shown, that such legislation in the least infringes upon the Constitution of the United States; and in the former State constitu tion there was no limitation in reference to the power of the Legislature over mu nicipal corporations, as already stated. The people of the State, however, in adopting the present constitution, saw fit to limit the power of the Legislature in reference to municipal corporations, *nd accordingly declared that "corpora tions for municipal purposes shall not be created by special laws, but the Leg islature, by general laws, shall provide for the incorporation, organization and classification in proportion to population •f cities and towns.'' (Section 6, Article XI.) These general acts of incorpora tion, however, cannot be imposed upon any city or town, but cities or towns may become incorporated under such general laws, the same as corporations For pri vate purposes may be organized by com plying with the general law on the sub ject of private corporations. The constitution also provides another mode of incorporating cities and towns having a population of over 10,000 in habitants. That mode is pointed out in Section 8, Article XL, and consists in SKr ftnung of a charter by freeholders, as in the case under consideration. This mode is outside of the general law making power. It is not originated by a bill introduced into one of the two houses of the Legislature and passed as in the legislative article provided, and submitted to the Governor for his ap proval. But it is nevertheless a law and ranks the same as general acts of incor poration adopted in the usual manner of passing laws. The only restriction im posed upon such acts of incorporation, whether originating from the freehold era, or passed by the Legislature in the shape of general laws, is as follows: "And cities and towns heretofore or hereafter organized and all charters thereof framed or adopted by authority of this constitution, shall be subject to and controlled by general laws.'' —Sec. ft, Art. XI. And in addition thereto, of course, they must be in conformity with the provisions of the constitution. Plaintiff's counsel contend that the provision of the charter in question, providing for placing the public funds in a bank of deposit is in-conflict with Section 16, Article XI, of the constitu tion, which reads as follows: "All moneys, assessments and taxes belonging to or collected for the use of any county, zity, town ; or other public or municipal cjri.oration, coming into THE LOS ANGELES HERALD: TUESDAY MORNING, APRIL 29, 1890. the hands of any officer thereof, shall immediately be deposited with the Treasurer, or other legal depository, to the credit of such city, town, or other corporation respectively, for the benefit of the funds to which they respect ively belong." The provision of the charter reada: "That the bank offering the highest rate of interest shall be ap pointed the depository of public money." And the contract and bond require the faithful keeping and proper disburse ment of all such moneys, and the pay ment of all warrants drawn upon the City Treasurer, so long as there is suf ficient money in the fund upon which said warrant is drawn, and sufficient money to the credit of said city on de posit in said bank, to pay the same. Plaintiff's counsel contend that the "other legal depository" referred to in the constitution means some other of ficer than the Treasurer. If it meant some other officer it would have been quite aa easy to have used the term "or other officer" as the term "or other legal depository." Besides, in the construc tion of statutes or constitutions, it must be assumed that the members of the Legislature, or of the convention that framed the constitution, had in view the condition of things at the time of the passage of the law or of the adoption of the constitution, and used terms ap plicable to such conditions. It appears in thia case that prior to the adoption of the present constitution there was a provision in the former char ter of this city, and perhaps in charters of other cities, for depositing the public funda, under certain conditions, in banks of deposit. It is but fair, therefore, to presume that this term "or other legal depository" referred to such depository. It is also strenuously contended on the part of counsel for the plaintiff that no power can be conferred upon a mu nicipal body to levy or collect taxes for the purpose of loaning the same to any one j that taxes can only be levied arid collected for public uses. But granting this, it does not appear in this case that taxes have been levied or collected for the purpose of loaning or depositing the same, but only in the ordinary course, and for the purpose of meeting demands upon the public treasury. The question is, where the funds raised by assessment and taxation for public purposes, shall be kept or deposited, awaiting drafts on the same for the pay ment of salaries or other public pur poses ? It appears by admissions in the argu ment in this case that, for years, it has been the practice of the City Treasurer to deposit the public funds in one or more of the banks of deposit of the city for safe keeping; and it was probably thought as well to receive some compen sation, if it could be had, for the privi lege of receiving such deposits, as to have the funds used without any consid eration, provided the city could be as well secured. And this, no doubt, was the reason of the provisions in the old charter, as well as tne present one. It is not the object of a municipal cor poration to buy land for the mere pur pose of selling or leasing the same—that is to go into the real estate business— still, when a city or town owns or has become possessed of lands or real estate which it has no immediate uae for, it is entirely proper to sell the same, or to lease it until such time as it may be sold to advantage or required for use. And accordingly provision will be found in most city charters, whether framed by general law or special enactment, author izing the lease, as well as the sale, of such municipal property. Such a pro vision will be found in the present charter, and was in the old charter, and is also in the general law in reference to municipal corporations. If it be consistent with the object of municipal government for a city to de rive profit from the use of its lands in stead of allowing them to be occupied gratuitously, it is difficult to see why it would be less so for the city to receive some benefit, if possible, for the priv ilege of receiving on deposit (or using even) it funda, until such time as they be required in the ordinary course of its business. However, with the policy of the law the court has nothing to do further than where it may throw light upon the legis lation and aid in the construction of a doubtful provision. Plaintiff's counsel contend also that the provision of the.charter in question is in conflict with Section 424 of the penal code, one of the general laws of the State. That section provides that every officer of any county, city, town or district, and every other " person charged with the receipt, safe-keeping, transfer or disbursement of public moneys, who, without authority of law, appropriates the same to his own use, or loans or makes profit out of the same, for any purpose not authorized in law, or unlawfully deposits tbe same in any bank, or changes or converts any por tion without authority of law, or wil fully refuses to pay over on demand any public moneys upon presentation of a draft from competent authority, or wil fully omits to transfer the same when required by law, or wilfully refuses to pay over to any officer authorized by law to receive the same any moneys received by him under any duty imposed by law, is" guilty of a felony. It will be seen from this provision that it prohibits only such acts as are done without authority of law; so that if the provision of the charter in question be valid, then the deposit of the public funds as therein provided will be by authority of law and consequently not against the provision of the penal code referred to. The other points made by the learned counsel on the part of the plaintiff I do not consider as showing any constitu tional incompatibility with the section of the charter in question. In constru ing a constitution, like a statute, all of its provisions are to be taken together, and one cannot be said to be superior or paramount to the other. Another rule controlling the courts is that a law is presumed to be valid, and to justify the court in holding it or any of its pro visions to be void, it must appear to be plainly in conflict with some provision of the constitution. The rule is well stated by Chief Jus tice Marshall in Fletcher vs. Peck, (i Cranch, 128, as follows: "The question whether a law be void for repugnancy to the constitution is at all times a ques tion of much delicacy, which ought seldom, if ever, to be decided in the affirmative in a doubtful case. The court, when impelled by duty to render such a judgment, would be unworthy of its station could it be unmindful of the solemn obligation which that station imposes. But it is not on slight impli cations and vague conjecture that a Legislature is to be pronounced to have transcended its powers and its acts to be considered as void. The opposition be tween the constitution and the law should be such that the judge feels a clear and strong conviction of their in compatibility with each other." As already stated, this charter, although not first emanating from the Legislature, was framed and passed in accordance with the constitution, and has all of the sanctity or presumptions in its favor of any law passed by the ordinary law-making power in the usual way. In other words, it is another mode of en acting a law under the constitution. Governed by the rules referred to, and not being able to discover any clear in compatibility between the provisions of the charter in question and the constitu tion and general laws passed thereun der, I must hold that its provisions are valid, and that it is the duty of the de fendant, the City Treasurer, to comply with the ordinance and action of the Council and city authorities thereunder, and that the plaintiff is not entitled to an injunction restraining the defendant, the City Treasurer, from so doing. The order to show cause will, there fore, be discharged and the action dis missed. It is so ordered. Walter Van Dyke, Judge. SUMMONS. IN THE SUPERIOR COURT, OF THE STATE of California, in and for the County of Los Angeles. Thomas Wilson Shaw, plaintiff, vs. W. B. Bullard. James H. Dodge, Frank H. Lowell and Cedelia M. Lowell, defendants. No. 12,548. Action brought in the Superior Court of the State of California, in and for the County of Los Angeles, and the complaint filed in said County of Los Angeles, in the office of the Clerk of said Superior Court The People of the State of California send greeting to: W. B. Bullard, James H. Dodge, Frank H. Lowell and Cedelia M. Lowell, defendants. You are hereby required to appear in an action brought against you by the aljove-named plaintiff, iv the Superior Court of the State of California, in and for Los Angeles County, and to answer the complaint filed therein, within ten days, (exclusive of the day of service), after the service on you of this summons, if served within this county; or, if served elsewhere, within thirty days, or judgment by default will be taken against you according to the prayer of said complaint. Said action is brought to procure a judgment in favor of plaintiff against defendants, James H. Dodge and W. B. Bullard, for the sum of $3,957.57. together with interest thereon from the 11th day ofDecember, 1889, at the rate of ten per cent. "pTr annum, compounded semi annually', and for a foreclosure in favor of plaintitt'of a certain agreement for the purchase of the real property hereinafter described, by said Bullard and Dodge from plaintiff, to-wit: anageement,dated Junethellth, 1887, whereby glaintiff agreed to sell said premises to said ullard and Dodge, said foreclosure being founded upon the alleged non-payment of the balance of the purchase price due to plaintiff under said contract; the further object of said action being to procure in said action a fore closure decree providing, among other things, that the said lands and premises be sold by the Sheriff of Los Angeles County, and the proceeds of such sale applied to the payment of costs and expenses incurred by plaintiff" in said action, and to the expenses 01 said sale, and to the payment of the amount due to plaintiff upon said agreement of sale, to-wit, the amount hereinbefore mentioned: that plaintiff or any party to the suit may become a purchaser at said sale; that the Sheriff execute a deed to the purchaser, and that judgment and execution be had against defendants. James H. Dodge and W. B. Bullard, for any deficiency that may remain due to plaintiff after so as aforesaid applying all of the said moneys properly applicable therefor, and for equitable relief. The property affected by said action is situated in the County of Los Angeles, in the State of California, and is described as follows, to-wit: Lots number thirty-four (34) and thirty-five (35) in the Woodworth tract, and also part of lots number forty-three (43) and forty-four (44) in the Woodworth tract, described by metes and bounds, to-wit: Beginning at the north easterly corner of said lot number forty-three (431, thence southwesterly in a direct line to a point in the south boundary line of lot number forty-four (44), (99 5-10) ninety-nine and five tenths feet easterly from the southwesterly corner of lot number forty - four (44), thence easterly along the southerly line of lot number forty-four (44) to the south easterly corner of lot number forty-four (44), thence along the northeasterly boundary line of lots numbers forty-three (43) and forty-four (44) to the place of beginning. Reference is here made to a map of Woodworth tract on record in the Recorder's office, of Los Angeles County, In book twelve (12), page ninety-two (92) of miscellaneous records; and for costs of suit. Reference is had to complaint for partic ulars. And you are hereby notified that if you fail to appear and answer the said complaint as above required, the said plaintiff will cause your default to be entered and will apply to the Court for the relief demanded in the complaint. Given under my hand and the seal of the Superior Court of the State of California, in and for the County of Los Angeles, this 3d day of March, in the year of our Lord one thousand eight hundred and ninety. [seal] C. H. DUNSMOOR, Clerk. By W. D. Rogers, Deputy Clerk. W. P. Gardiner, attorney for plaintiff. ap'2-wea-10t USE tpiONEEb Desiccated * GoeoANUT Medals awarded at all Fairsjwherever exhibited L. G. SRESOVICH & CO., Proprietors, 505 and 507 Sansome St., San Francisco ap2-mon-wed-frs-lm LIEBIG COMPANY'S EXTRACT OF MEAT. FINEST MEAT FLAVORING STOCK FOR Soups, Made Dishes and Sauces. Annual sales 800,000 jars. Genuine only) with Ar*J _m fac-simile of Baron \_Cm »■ _. 0m Lichig'a signature in JF ■ <- BLL'I IM acrossTTg *J had of all Storekeepers, grocers and druggists. s2mon<fcthurl2m Buy your Hardware, Tinware, Cook, Oil, Gas and Gasoline Stoves, and get your Plumbimr and GaBfitting done by CHAPMAN & PAUL, Nos. 12 and 14 Commercial Street and 314 South Spring Street. TELEPHONE NO. 422. BRANCH 418. LINKS OF TKAVKL. Southern Pacific Company. IMPORTANT CHANGE OF TIME. SUNDAY, APRIL 13th, 1890, Trains leave and are due to arrive at LOS ANGELES (ARCADE DEPOT), Fifth street, dally, as follows: Leave For | destination. | Arr. From || 3:50 p. m.] Banning IJlo:o4a.ra. 5:10 p.m. Banning 10:00 p.m. 9:00 a.m. Colton 8:57 a.m. 113:50 p. m.l Colton ||10:04 a.m. 2:10 p.m Colton 4:20 pm 5:10 p. m Deniing and East.... 10:00 p. m 5:10 p. m El Paso and East. ... 10:00 p. m. 12:35 p. m Long Beach 11:55 a.m. q.M, m (Long Beach andj a . o n„ „, 9.00 a.m. j Ban Pedro. 8.20 a.m. vmn m Long Beach and ...-,«„„ 5.10 p.m. j San Pedro. j 4 :15 p.m. 10:40 p. m Ogden and East 7:25 a. m. Ogden and East 10:40 p. m Portland, Or 7:25 a. m. 9:00 a. m Riverside 8:57 a. m. ||3:50 p. m Riverside || 10:04 a.m. 2:10 p.m. Riverside 4:20 p.m. Riverside 10:00 p. m. 9:00 a.m. San Bernardino 8:57 a.m. || 3:50 p. m. .. San Bernardino ||10:04 a.m. 2:10 p.m.! San Bernardino 4:20 p.m. 1 San Bernardino 10:00 p. m. 9:00 a.m.! Redlands ||10:04 a.m. || 3:50 p.m. | Redlands 10:00 p.m. 1:40 p. m. ;San Fran, and Sacram'to 7:25 a. m. 10:40 p. m. San Fran, and Sacram'to 4:10 p. m. 9:55 a. m. Santa Ana and Anaheim 8:55 a. m. 5:03 p. m. Santa Ana and Anaheim 3:35 p. m. 1:40 p. ra Santa Barbara 4:10 p. m. 7:25 a. m Santa Barbara 9:05 p.m. 9:37 a. m Santa Monica 8:33 a. m. 1:07 p.m Santa Monica 12:13 p. m. 5:12 p. m Santa Monica 4:28 p. m. ||0:10 p. m Santa Monica ||«:50 a. ra. 4:28 p.m Tustin 9:20 a.m. ||10:2aa.m Whittier || 1:45 p. in 5:20 p. ra Whittier 8:28 a. ra. Local and through tickets sold, baggage checked, Pullman sleeping car reservations made, and general information given upon ap plication to J. M. CRAWLEY. Asst. G. Pas. Act., No. 300 S. Spring st., cor. Second, CHARLES SEYLER, Agent at Depot. II Sundays excepted. A. N. TOWNE, G(*eral Manager. T. H.tJboDMAN, al 3m Gen'l Passenger and Ticket Agt. Soiita California R'y Co. "SANTA FE ROUTE." IN EFFECT SUNDAY, MARCH 10, 1890. Arrive. | Los Angeles. I Leave. * 4:00 p.m.! Overland *10:15 a. m. •11:45 a. M. ! .San Diego Coast Line.'* 8:15 a.m. * 9:00 p. mJ.San Diego Coast Live.]* 2:50 p.m. * 4:00 p. m.| Raymond & Pasadenai*lo:ls a. m. * 9:55 a. m. La'da Park ct Pasadena * 8:30 a.m. * 2:30 p. m. La'da Park <& Pasadena!*l2:ls p. m. * 4:50 p. m. La'da Park & Pasadena * 2:50 p.m. * 0:30 p.m. La'da Park it Pasadena:* 4:00 p.m. *10:30 p. m. La'da Park & Pasadena|* 9:05 p. m. t 7:40 a. m. La'daPark it Pasadena f 5:22 p. m. i 8:50 a. m Pasadena If 7:45 a.m. * 9:55 a.m. (. .San Bernardino..) * 8:30 a.m. * 4:00 p.m. 1 via 5 *10:15 a.m. * 0:30 p.m. t Pasadena > * 4:00 p.m. * 5:20 p.m. (Riverside and Sanj |* 9:20 a.m. (10:30 a.m. (Berd'o via Orange) jt 4:01 p.m. * 9:55 a. m Duarte * 8:30 a.m. * 6:30p.m Duarte * 4:00 p.;ra. t 7:40 a. m Duarte t 5:22 p.m. * 8:55 a. in Santa Ana * 8:15 a.m. *11:45a.m Santa Ana I* 2:50 p.m. * 5:20 p.m Santa Ana • 5:05 p.m. * 9:00 p.m.i Santa Ana * 8:10 a. m.j... Redondo Reach ... *10:15 a.m •12:10 p. m.1.... Redondo Beach.... |* 1:00 p. m * 3:55 p. m.1.... Redondo Beach .. j* 5:25 p. m * 9:55 a. m. Redlands and Mentonei*lo:ls a. m. * 4:00 p.m. Redlands and Mentone:* 4:00 p.m. * 6:30 p. m.|Redlandsand Mentone' *Daily. tDaily except Sunday. ED. CHAMBERS, Ticket Agent, First-street Depot. CHAS. T. PARSONS, Ticket Agent, 129 North Spring street. Depot at foot of First street. f23 S. G. V. Rapid Transit R'y. Leave Commercial street, Los Angeles, via S. P. R. R., for Alhambra, Monrovia and Way Stations, WEEK DAYS Forenoon, Afternoon, 9:00 3:54 Leave Monrovia for Alhambra, Los Angeles and Way Stations, Forenoon, Afternoon, 8:00 3:20 SUNDAYS The same time, except 3:54 p. m. train from Commercial street, will leave at 2:14 p. m. Pas sengers transfer at Ramona. Time between Los Angeles and Monrovia one hour. INTERMEDIATE STATIONS BETWEEN TERMINAL POINTS, BEGINNING AT LOS ANGELES: Soto Street, San Marino, Batz, San Gabriel, Ramona, Sunny Slope, Alhambra, Chapman, Mayberry, Baldwin, Lake Vineyard, Arcadia, Special privileges to parties erecting residen ces on the line of this road. E. F. SPENCE, F. Q. STORY, President. Gen. Manager. al-3m " Pacific CoastSteamsliip Co. GOODALL, PERKINS & CO., GENERAL Agents, San Francisco. Northern routes embrace lines for Portland, Ore.; Victoria, B. C, and Puget Sound, Alaska, and all coast points. , SOUTHERN ROUTES. Time Table for April, 1890. LEAVE SAN FRANCISCO. For Port Harford ... ]S. S. Pomona, April 2,10, 18, Santa Barbara. .1 20 and May 4. San Pedro fS. S. Mexico, April 0, 14, 22, San Diego J 30 and May 8. For \S. S. Los Angeles, April 4, Redondo 1 12, 20, 28 and May 6. San Pedro and [S. 8. Eureka, April 8, 16, 24 Way Ports J and May 2. LEAVE SAN PEDRO. For 1 S. S. Pomona, April 4,12, 20, I 28, and May 6. San Diego IS. S. Mexico, April 8, 16, 24 J and May 2. LEAVE SAN PEDRO. For 1 S. 8. Mexico, April 2,10, 18, San Francisco... 1 26 and May 4. Port Harford.... fS. S. Pomona, April 6, 14, 22, Santa Baroara. . J 30 and May 8. LEAVE SAN PEDRO AND REDONDO. For 1 S. S. Eureka, April 3, 11, 19, San Francisco I 27 and May 5. and [S. 8. Los Angeles, April 7, Way Ports J 15, 23, and May 1. Cars to connect with steamers leave S. P. R.R. depot, Fifth street, Los Angeles, as follows: With the Mexico and Corona at 9:50 o'clock a. m.; with Los Angeles and Eureka, going north, at 5:10 o'clock p. m. Passengers per Los Angeles and Eureka, via Redondo, leave Santa Fe depot at 5:25 p. m. Plans of steamers' cabins at agent's office, where berths may be secured. The steamers Los Angeles and Eureka will call regularly at Newport pier for and with freight aud passengers. The company reserve the right to change the steamers or their days of sailing. «§y»For passage or freight as above or for tickets to and from all important points in Europe, apply to W. PARRIS, Agent, Office, No. 124 West Second st., Los Angeles. Compagnie Generale Transatlantique. FRENCH LINK TO HAVRE. COMPANY'S PIER (NEW) NO. 42A±ajTL , North river, foot of Morton street. JHSEa&L Travelers by this line avoid both tranßit by Eng lish railway and the discomfort of crossing the Channel in a small boat. LA BRETAGNE, Santelli, Saturday, April 19. 5:00 a. m. LA GASCOGNE, Boyer, Saturday, April 20, 10:00 a. m. LA CHAMPAGNE, Saturday, May 3, 4 a. m. For freight or passage apply to A. FORGET, Agent. No. 3. Bowling Green, New York. Tickets for sale by all railroad and steamship offices in Los Angeles. J. F. FUGAZI & CO., Agents, 5 Montgomery avenue, San Francisco. d'29-tf HONOLULU TOURS TROPICAL SCENES. THE MOST UNIQUE AND CHARMING TRIP IN THE WORLD. The next steamer, the MARIPOSA sails from San Francisco, May 3rd. ROUND TRIP TICKETS—Los Angeles to Honolulu and return, $125. Apply to C. H. WHITE, Ticket Agent S. P. Co., or H. B. RICE, Special Tourist Agent Oceanic S. S. Co., 200 South Spring street, cor Second street, Los Angeles, Cal. ap3-3m LUMBER TARDB. FOR SALE AT A GREAT SACRIFICE 2000EastIakeDoors ALL SIZES Will be sold for the next thirty days at 45 PER CENT. Off the book price, for cash. Clark & Humphreys San Pedro Street, near Seventh. apls-lm CLARK ft HUMPHREYS DEALERS IN ALL KINDS OF LUMBER San Pedro Street, NEAR SEVENTH, P. O. Box 1235. Telephone 178. apls-3m PERRY, MOTT <St COS LUMBER YARDS AND PLANING MILLS, No. 76 Commercial Street. al tf Kerekhoff-Cuzner MILL AND LUMBER CO., WHOLESALE AND RETAIL. Main Office: LOS ANGELES. Wholesale Yard at SAN PEDRO. Branch Yards—Pomona, Pasadena, Lamanda, Azusa, Burbank. Planing Mills—Los Angeles and Pomona. Cargoes furnished to order. WESTERN LUMBER CO. YARD: Corner Ninth and San Pedro Streets. LUMBER of all classes can be had at this yard. f6_tf J. M. Griffith, President. H. G. Stevenson, Vice-Pres. and Treas. T. E. Nichols, Secy. E. L. Chandler, Supt J. M. GRIFFITH COMPANY, Lumber Dealers And Manufacturers of DOORS, WINDOWS, BLINDS, STAIRS, Mill work of every description. 934 N. Alameda Street, Los Angeles. al tf IPPS'S COCOA. BREAKFAST. "By a thorough knowledge of the natural laws which govern the operations of digestion and nutrition, and by a careful application of the fine properties of well selected Cocoa, Mr. Epps has provided our breakfast tables with a delicately flavored beverage which may save us many heavy doctor's bills. It is by the judi cious use of such articles of diet that a constitu tion may be gradually built up until strong enough to resist every tendency to disease. Hun dreds of subtile maladies are floating around us ready to attack wherever there Is a weak point. We may escape many a fatal shaft by keeping ourselves well fortified with pure blood and a properly nourished frame."—Civil Service Ga zette. Made simply with boiling water or milk. Sold only in half-pound tins, by grocers, labeled thus: JAMES EPPS & CO., Homoeopathic Chem ists. London, England. se2-tuAth<tw-12m Telephone No. 385. P. 0. Box 1555. JUNCTION WAREHOUSE, C. RAPHAEL Sc CO., Junction Downey Avenue and San Fer nando Street. Grain, Wool, Merchandise and House hold Goods taken in Storage. Cash Advanced for Freight and all Class of Storage, Etc., Etc. MERCHANDISE BBJOKEHS. Railroad switch to our door. Correspondence solicited. al2-3m N. GLASS, Brother of the late Charles Glass, has opened a New Blacksmith Shop, At S4O South Spring Street, between Sixth and Seventh, And solicits the public patronage. Good work and lowest prices. apl3-3m Richmond Stables, J. N. BUTCHER, Proprietor. STYLISH LIVELY IJIGS. Horses Boarded by the Day, Week or Month at Reasonable Rates. • ap3-lm O. B. FULLER Sc 00. (Successors to McLain & Lehman,) Pioneer Truck & Transfer Co. No. 3 Market St., Los Angeles, Cal. Safe and Piano Moving. All kinds of Truck- Work. Telephone 137. al tf C. F. HEINZEMAN, Druggist & Chemist, No. lag N. Main St., Los Angeles, Cal. Prescriptions carefully compounded day and night. d2l-tf STOCKHOLDERS' MEETING. OFFICE OF THE CUCAMONGA FRUIT Land Company, Los Angeles, CaL, April I.sth, 1890. Notice is hereby given that the regular annual meeting of the stockholders of the Cucamonga Fruit Land Company, will be held at the office of the company, In the Farmers and Merchants Bank, Los Angeles, CaL, 011 Monday, May sth, 1890, at 9 o'clock a.m., for the pur pose of electing a Boagd of Directors for the ensuing year, and for the transaction of such other business as Aay be brought before the meeting. 0. C. MATTHAY, Secretary. apl7-14t NOTICE OP ASSESSMENT. At a meeting of the Directors of the Los Nietos Irrigation Company, held March 29, 1890, at their office in Los Nietos, an assessment of $1.00 per share was levied on the stock of the com pany for the purpose of constructing ditches and putting the water Into the same, said assess ment to be due from date, and delinquent on the 30th day of April, 1890. By order of the Board. J. H. MARTIN, President. ap7-td CHAS. LANE, Secretary. LEOAX. In the Circnit States, Ninth Circuit, Southern District of California. \\TATERLOO MINING COMPANY (A COR- T T poratinu), Complainant, vs. Southern Pa cific Railroad Company (a corporation), Atlantic and Pacific Railway Company (a corporation), Purdy Rclyea, W. S. Porter, John W. Pearson, E M. Railton. Henry Black, William White, John Williams, Peter Pink, Charles Green and Rich ard Roe. Defendants.—ln Equity. Order directing absent defendants to appear It appearing to the satisfaction of the court from the verified bill of complainant that the defendants in the above-entitled suit are none of them inhabitants of the southern district of California, or are to be found within said dis trict, and that none of them will voluntarily appear thereto; and it further appearing that this suit is brought to enforce a claim to and to remove a cloud upon tlie title to real estate and a cloud upon the title to mining claims within said southern district of California, consisting of the land and the mining claims of the com plainant in the above-entitled bill; It is therefore ordered and directed that the following named defendants, who are absent from, are not inhabitants of, and cannot be found in, said southern district of California, viz., Southern Pacific Railroad Company, which is a corporation, and a citizen of the State of California, having Its office and principal place of business in the city and county of San Fran cisco, State of California; Atlantic and Pacific Railroad Company, a corporation duly organ ized and existing, with the right to sue ana be sued, plead and be impleaded, defend and be defended, in all courts of law and equity in the United states, under and by virtue of the laws of the United States of America by an act of Congress approved July 27. 1800, and hav ing its office and principal place of business in and also having an office for the transaction of its business in the city and county of San Francisco, state of California; Purdy Relvea, whom the complainant is in formed and believes is a citizen of tlie State of California, and a resident of the city and county of San Francisco, in said State; W. S. Porter, whom the complainant is informed arid be lieves is a subject of the Queen Of Great Britain, an alien, and a resident of Melbourne, Aus tralia; John W. Pearson, a citizen of the State of California, and a resident of the city of Oak land, in the county of Alameda, in Baid State; and E. M. Railton, whom the complainant is informed and believes is a citizen of California, and a resident of said city of Oakland, in said State of California, and etich of them do appear, plead, answer, or demur, in said suit, by the second day of June. 1890, and that this order be served on each of said defendants, if practi cable, wherever found, by delivering a copy thereof, together with a copy of the bill of com plaint, each certified by the solicitor of com plainant to be a correct copy, at least twenty days before said second day of June, 1890, such service to l>e made by such persons as the solicitor of complainant may choose, and to be proved by the affidavit of the person serving the same, and that for service of this order upon any absent defendant or defendants upon whom personol service thereof is not practicable, a copy of this order, certified to be correct by the solicitor of complainant, be published in the Los Angeles Herald, a daily newspaper pub lished at Los Angeles, in the State of California, not less Whan once a week, for six consecutive weeks, before the second day of June, 1890, and it is further ordered that In case any of such absent defendants shall not appear, plead, answer, or demur, within the time limited by this order, or within such further time as this court may allow, and upon proof of said serv ice and of publication of this order, and of per formance of the directions herein contained, this court will entertain jurisdiction of said suit, and will proceed to the hearing and adjudication thereof in the same manner as if each of said absent defendants had been served with process within the southern district of California, but said adjudication will, as re gards said absent defendant or defendants who may not appear in said suit, aft'eot only the property and rights, which are the subject of said Euit, which are under the jurisdiction of this court. ROSS, Dist. Judge. Dated March 31,1890. I hereby certify the foregoing order directing absent defendants to appear to be a correct copy of the original. A. H. Ricketts, Solicitor and Counsel for Complainant. apB-tu9t NOTICE OF FORECLOSURE SALE. JAMES HICKSON, PLAINTIFF, VS. Z. Decker, Administrator, with the will an nexed, of C. Mulcahv. deceased, defendant. Sheriffs sale. No. 12,457. Order of sale und decree of foreclosure and sale. Under and by virtue of an order of sale and decree of foreclosure and sale, issued out of the Superior Court of the County of Los Angeles, State of California, on the 29th day of March, A. D. 1890, in the above entitled action wherein James Hickson, the above named plaintiff, obtained a judgment and decree of foreclos ure and sale against Z. Decker, adminis trator, defendant, on the 29th day of March, A. D. 1890. for the sum of 1880.50 in lawful money of the United States, which said decree was, on the 3d day of April, A. D. 1890, re corded in judgment book 10 of said Court, at page 224,1 am commanded to sell all that certain lot, piece or parcel of land, situate, lying ahd being in the County of Los Angeles, State of Calilornia, and bounded and described as fol lows: Commencing at a point in the town of Savana at a rock thirty or thirty-one feet north of the junction of the Duarte and Savana road with the El Monte end Los Angeles road, at or near Savana brick store built by Douglas Snyder and sold by him to William Smith; thence at right angles west ninety-nine (99) feet and eight (8) inches; thence at right angles south, or nearly south, to the El Monte and Los Angeles road; thence east to the junction of said Duarte and Savana road with said El Monte and Los An geles road: thence north, or nearly north, to the place of beginning, and being part of the land described in a deed of conveyance from said Douglas Snyder to William Smith, dated May 20th, 1879, and recorded in book 68, page 422, of deeds of the records of said county, together with all and singular the appurtenances there unto belonging. Public notice is hereby given that on Thurs day, the Ist day of May, A. D. 1890, at 12 o'clock m. of that day, in front of the Court House door of the County of Los Angeles, on Spring street, I will, in obedience to said order of sale and decree of foreclosure and sale, sell the above described property, or so much thereof as may be necessary to satisfy said judgment, with interest and costs, etc., to the highest and best bidder, for cash, lawful money of the United States. Dated the 7th day of April, 1890. M. G. AGUIRRE, Sheriff of Los Angeles County. By A. M. Thornton, Under Sheriff. Wm. D. Stephens, attorney for plaintiff. apB-tu-4t NOTICE OF FORECLOSURE SALE. DA. KUGHEN, PLAINTIFF, VS. CYRUS • Mathews and Maria E. Gray, defendants. Sheriff's Sale. No. 11,914. Order of sale and decree of foreclosure and sale. Under and by virtue of an order of sale and decree of foreclosure and sale, issued out of the Superior Court of the County of Los Angeles, State of California, on the 16th day of April, A. D. 1890, in the above entitled action, wherein D. A. Kughen, the above-named plaintiff, obtained a judgment and decree of foreclosure and sale against Cyrus Mathews, et al., defend ants, on the 16th day of April, A. D. 1890, for the sum of $1,658.10, in lawful money of the United States, which said decree was on the 18th day of April, A. D. 1890, recorded in judgment book 17, of said Court, at page 83, I am commanded to sell all that certain lot, piece or parcel of land, situate, lying and being In the County of Los Angeles, State of Califor nia, and bounded and described as follows: An undivided three-fourths (%) interest in and to the following property, lenown as lot number sixteen (16), of the Wood and Banbury tract, a subdivision of the south one-half of lot 5, block "H," San Pasqual tract, as per map of said Wood and Banbury tract, recorded in book eleven (11), page forty-five (45;, miscellaneous records of Los Angeles county. Public notice is hereby given, that on Mon day, the 19th day of May, A. D. 1890, at 12 o'clock m. of that day, in front of the court house door of the County of Los Angeles, on Spring street, I will, in obedience to said order of sale and decree of foreclosure and sale, sell the above described property, or bo much thereof as may be necessary to satisfy said judgment, with interest and costs, etc., to the highest and best bidder, for cash, lawful money of the United States. M. G. AGUIRRE, Sheriff of Los Angeles County. By A. M Thornton, Under Sheriff. Dated this 24th day of April, 1890. J. L. Murphy, attorney for plaintiff. apr2s-fri-4t NOTICE TO CREDITORS. INSTATE OF MORRIS RUSSELL, DECEASED. li Notice is hereby given by the undersigned executor of the estate of Morris Russell, de ceased, to the creditors of, aud all persons hav ing claims against the said deceased, to exhibit the same with the necessary vouchers, within four months after the first publication of this notice to the said James Russell, executor of said deceased, at the office of Wm. D. Stephens, his attorney, in the Sawyer's building, Los An geles, in the county of Los Angeles, California Dated this 22d day of March, A. D., tB9O JAMES RUSSELL, Executor of Morris Russell, deceased. M 24 Mo 5 t. NOTICE. THE LOS ANGELES CITY WATER COM pany will strictly enforce the following rule: The hours for sprinkling are between 6 and 8 o'clock a. m. and 6 and 8 o'clock p. m. Foi a violation of the above regulation the water will be shut off and a fine of $2 will be oharged before water will be turned on again.