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THE MAYOR'S VETO.
He Does Not Approve the Paving Contract. He Thinks tlte Price Is Alto- gether Too High. The Bituminous Lime Rock Company Not In It. Was It Sharp Practice That Kept Other Parties From Bidding?— The Law on the Question Discussed at Length. The paving, sewering and curbing of Pearl street has caused a whole lot of talk. Mayor Hazard will have his say today. Here is a copy of his message which will be read at the meeting of the council today : Till; MESSAGE. To the honorable the council of the city of Los Angeles: The awards to the Bituminous Lime Rock Paving and Improvement company for paving, sewering and curbing Pearl and" Figueroa streets are herewith re turned without my approval. The law under which this work is to be done provides for the payment of the same in bonds, creating a lien on the property abutting on the streets to be improved. As to whether these bonds, when issued, will constitute a valid lien on the property, is a question tbat has not yet been determined in our courts, and to one about to engage in street improvements, to be paid for in bonds, it is a very material question, and to cast any doubt upon the validity of the same is to discourage bidding for work of this character. Be fore the time for filing bids for this work had expired, J. A. Fairchild, a member of the Bituminous Lime Rock Paving and Improving company, showed to Martin Marsh, who is a street con tractor, and was acting as the agent for Frank Walker, another street contractor, who is now contracting in San Fran cisco, who had directed Mr. Marsh to put in a bid for him on this work, an opinion of Messrs. Chapman and Hen drick, reliable and reputable attorneys of our city, in which they declare, after a careful examination of the law, that, in their opinion, it would not be safe to invest in these bonds. As a result, Mr. Marsh communicated these facts to Mr Walker, and Mr. Walker in consequence thereof directed him not to bid on the work. This opinion was also shown to Adolpu Ramish, another contractor, "entirely unsolicited," so he says, by members of this same company, and he communi cated the same to J. F. Smith, a street contractor of San Bernardino, who, in consequence, refrained from bidding. This fact was also communicated to Mr. Smith by Mr. Hough, manager of the Porphyry Paving company. Suffice to say that as a result thereof but one bid was Sut in and that by the Bituminous Lime lock, Paving and Improvement com pany themselves, and these contractors claim to be justly indignant at what Chey term "sharp practice" on the part of tbe Bituminous Lime Rock people, whereby they secured the award at an excessive figure over what tbe work can be done for. Reliable contractors offer to do this work for a much lower figure and take bonds in payment therefor. Whether this opinion was circulated for the direct purpose of preventing others from bid- , ding on this work Ido not know. It is quite evident, however, that it did have that effect. • and the question that pre sents itself to us is: Are they entitled to the award? I think not. To say \ tbat there was a fair competitive bid for this work under the circumstances is to say that competitive bidding ie a mere delusion, in which open, fair competi tion does not constitute an essential element. I am in receipt of a communication from Mr. Fairchild, in which he says: "It seems to me that, inasmuch as the Vrooman act specially provides that any property-holders feeling aggrieved at the award of a contract, have fiteen days after tbe approval of the award in which to enter into a property-holders' con tract for performing the work; that the property-holders are fully protected, and that it will be only fair on your (my) part to approve the contract already awarded to one company by your city council." I do not agree with Mr. Fairchild as to the effect of a property-holder con tract, because the property-holder can only take advantage of that provision in the law when the owners of two-thirds of all the frontage seek to do so and are willing to enter into a contract and bond to do not only their own work, but the entire work on tbe street. I refer at length to this clause because your hon orable body will be assured, as I have been, tbat if work of this kind can be done for less than this contract price, tbat it is in the power of the property holders under this provision to have it done for less; that they are not obliged to submit to the exorbitant bid which may be accepted. There is absolutely no protection whatever in this clause, if one stops to consider the practical workings of the same. If the property holders should attempt to take advantage of this provision and endeavor to enter into a contract to do the work, no one would be advised thereof sooner than the contractor, and it would be an easy matter on his part ,to induce enough owners of frontage, together with the absentees, to refrain from uniting into such a contract to prevent it; and more especially would this be tbe case if there was margin of profit enough in the contract to make it an object for him to refrain from doing so. In my judg ment, this clause waß inserted in the street law, not to enable the property e owner to have his work done for a rea sonable price and to afford him protec tion thereby, but was inserted for the very purpose of making him believe he was protected when such is not the case. If the law permitted every property holder who might be dissatisfied with Highest of all in Leavening Power.—Latest U. S. Gov't Report Bating Powder ABSOLUTELY PURE THE LOS ANGELES HERALD MONDAY MORNING, NOVEMBER 16, 1891 the award to have his own work done by anyone he pleased, complying with specifications, it would be all right, and I would have uo hesitancy in approving this award, knowing that he had a rem edy if he was dissatisfied, but he has not. What proportion of property owners, and two-thirds of all oi them must be obtained, would care to enter into the business of street contracting, building sewers, sidewalks, paving, etc., and be come liable therefor under bonds ? Very few of them would desire to get mixed up in complications of this kind. Let us not be deceived on tbe suppo sition that the owners are permitted to do their own work. The protection offered them is hedged about by so many difficulties and liabilities that it might as well have been omitted from the law altogether. Here is one of the largest jobs ever let by the city, and should therefore be at the lowest price, but it will be seen that the work is to be done at the high est price ever paid for like work. Ce ment, which enters largely into the work, is cheaper than it has been and should operate to reduce the price on that class of work. But take the cement curb called for under this award in which thousands of feet are let, and the price is fixed at 65 cents per running foot, while ceanent curb under tbe same specifications (No. 12) on Twenty-eighth street, in which only a few hundred feet are let at the price of 40 cents per run ning foot, and the Twenty-eighth street award was made at your last meeting when tbe award in this case was made, both jobs being under the bond act. The same kind of sewer, same size, eight-inch, put in tbe ground the same depth, seven and a quarter feet below the grade on both streets, on Figueroa street it is $1.10 per lineal foot and 90 cents on Twenty-eighth street. On Calumet avenue the same sewer is laid eight and three-fourths feet deep, and the price therefor is 84 cents. There are but few comparisons to show a want of competition. These bids should be rejected and new bids be called for, so that all may have an equal show to bid, securing to the property holders thereby tbat fair com petition which should impress itself on all public works. Respectfully, Henry T. Hazard, Mayor. FORCED TO THE WALL. A Big Banking Bouse at Tyler, Tex., Compelled to Suspend. Tyler, Tex., Nov. 15.—The banking house of Bonner & Bonner has been forced to the wall, ft had a successful career of twenty years, and the reputa tion of being one of the solidest and soundest banks in the state. The news of the failure spread like wildfire, and was the one topic of conversation. It had been known by those familiar with its affairs that the bank was in straits, but they thought it would be able to pull through; Dut yesteraai' its paper went to protest in New Orleans. f*"d Receiver Campbell, of the International I and Great Northern railway, ran an I attachment against It for $385,218, being the amount belonging to the receiver ship on deposit. There had been deeds of trust executed by the bank as a guarantee for the railroad's deposits. Receiver Camp bell, thinking the deposits still insuffi ciently secure, ran the attachment above referred to. The failure iB in fact an assignment for tbe benefit of certain preferred creditors and the depositors generally. It is thought the loss to out side banks will be small, as most have withdrawn their balances or were secured. The individual and business deposit accounts were heavy, and the loss will be severely felt, many men losing tbe savings of years. The failure will occasion no panic at other banks ot the city. This evening the boot and shoe house of White & Co., in which Bonner & Bonner are interested, made a general assignment. So far as can be learned the bank's liabilities will exceed $500,000. The assets are said to exceed the liabilities, but as they consist of stocks and per sonal paper, it is not known whether they will realize face value. GAR/.A'S REVOLT. The Revolutionary Ball in Mexico Now Fairly Opened. San Antonio, Tex., Nov. 15.—There is no longer any doubt that Catrino Garza has opened the revolutionary ball in Mexico. A message received here says Garza attacked Guerrero yesterday evening and was only driven off after stubborn resistance on tbe part of the Mexican garrison. One Mexican soldier waa killed and another wounded. The loss on Garza's side is not known. It is evident that the insurgents have been quietly increasing their forces and have now begun an active campaign. A dis patch from Rio Grande city says the revolutionists are well armed and that they have many sympathizers among the Mexicans on this side of the border. TRAIN-ROBBERS FOILED. Flans of the Dalton Gang in Indian Ter ritory Frustrated. St. Louis, Mo., Nov. 15.—Ah attempt to rob the Missouri, Kansas and Texas southbound train at South Canadian, I. T., was frustrated by officials last night. A telegram was sent to Musco gee notifying the officers that the Dal tons were seen in the vicinity. An extra was run ahead of the regular train and guards placed in the postal and express cars. It is believed one or two of the gang got on the train at Mus-' cogee and signalled the robbers not to attempt the robbery as the train was guarded. Officers have been put on tbe trail of tbe robbers. Stockholders' Meeting. Fort Scott, Kan., Nov. 15.—A special meeting of the stockholders and direc tors of the Kansas and Colorado Pacific railroad took place yesterday. The stockholder authorized the increase of the capital stock from $20,000,000 to $27,000,000, and authorized the directors and officers to complete the purchase of the Fort Scott, Wichita and Western railroad and to lease the Colorado Pa cific road, extending from Wichita, Kan., to Pueblo, Colo. A Veteran Horseman's Death. Lexington, Ky., Nov. 15.—Rufus Lisle, a prominent horseman, is dead, aged 75. WORLD OF SPORT. CHARLEY DURFEE ISSUES A SWEEPING- CHALLENGE. He Offers to Trot Either Wanda, Frank M. or Silas Skinner—The Prospects for Winter Sport iv Los Angeles — The Holiday Rac»s. The prospect for winter sport in. Los Angeles is very encouraging. Tbe east will not be productive of anything out of the common after this week. In the event of the challenge issued by Durfee not being accepted. McKinney will be sent for a record on Tuesday afternoon. The Herald will have a special report of the day's events. This week's Breeder and Sportsman contains the following challenge : Having heard that any one of the horses that trotted against my horse, McKinney, at Los Angeles, viz.: Wanda, Frank M. and Silas Skinner, could and would be willing to trot against him in a three in five race, I hereby challenge either one of them to trot against Mc- Kinney on either of the Stockton race tracks for any amount of money they may name from $2000 to $5000; or will trot against them all, one at a time, a week between races.for $2000 aside each race. Good day and track. A deposit of $1000 must be placed in the Breeder and Sportsman office on or before Tues day, November 17, 1891, at 10:30 a.m.; the balance the day before the race. The race to commence within ten dsys after the forfeit is up. C. A. Dubfee, Stockton, Cal. It is dollars to nickels that this sweep ing challenge will not be accepted. In that event McKinnev will be sent against his record on Tuesday afternoon over the kite-shaped track. IT WAS DARK. That Is Why the Ball Tossers Wanted an Adjournment. The Seventh regiment and the Tufts- Lyon clubs crossed bats yesterday afternoon before quite a large crowd. It was a very one sided game up to the first of the fiftL inning, when the Sevenths got in and made six runs. Tyler, who had been pitching for ihe Tufts-Lyons, was taken out of tbe box and put on lirst, Morley taking the box. Morley succeeded in giving four men basef on balls and striking two out. In the seventh Tyler again took possession of the box and in the remaining four innings struck out nine of the opposing batsmen. In the last half of the tenth inning the score stood 14 to 13 in favor of the Sevenths. Two of the Tufts- Lyons were out and Graham, the third man up had two strikes, when Morley and his gangof Indians swarmed around Decker, the umpire, and tried to have him call the game on account I of darkness. Decker ordered them j off the diamond. They refused j to go and he gave the game to tbe Sev enths by a score of 9to 0. The decision met with popular approval of those present. The feature of the game was Leland's fine back-stop work and his batting. Below will be found the score by innings: 123456789 10 Seventh Reg't.O" 00060100 I—l 4. Tufts-Lyons.. 4 3 01 10040 o^l3 Base Hlls: Sevenths, 6; Tufts-Lyous, 11. Two-Base Hits: I,eland. Three-Base Hits: Splltts. Struck Out: By Tyler, 18; Morley, 2; Thur mau, 15. Umpire: Decker. NOTES. After the game the Seventh regiment, through their manager, Mr. Franklin, challenged the Tufts-Lyon club to play a match game for $100 a side and gate receipts. Whether the Tufts-Lyon club accepts remains to be seen. Mr. Morley, here is a chance to back your "stars." There was quite a sprinkling of ladies present. The national game seems to be catching on among the fair sex. ♦ A CONTEST ARRANGED. The Lightweight and the Heavyweight Police Team. Sergeant Jeffries was very indignant when he read the challenge in the Her alo directed against the heavyweight team of the police selected to pull in the coming tug of war at the pavilion. "Of course we will accept," said the gentle man who thinks that he has a gilt edged cinch. "We can pull any other fifteen men of the department." The pull between the heavyweights and the lightweights of the police de partment will take place after inspection on Tuesday. The lightweights mean business, and the team selected to up hold the prestige of the muscle and sinew of the police department can not afford to disregard the gauntlet so boldly thrown down. The second or lightweight team will be selected from the following men: Ibms, Sever ich, Loomis, Moffett, McGuire, Fowle, Walker, Ougan, Davis, Roberts, Haw thorne, Conley and Rickenbach. Officer McGuire is one of tbe lightest men in the team, but he is a stayer from Stay erville. "Those big fellows will know they have been to a tug of war," said the Apollo of the department. It is also reported that Clerk Cottle has switched off from the heavyweights and is now wagering his spare wealth on the light weights. Sergeant. Jeffries yesterday promised to deed all his property over to the sporting editor in the event of tbe lightweights winning. THE HOLIDAY RACES. The Programme for Five Days' Running; Next Month. The following programme has been ar ranged for the running meeting during the holiday week i Friday, December 25th—St. Elmo ho tel stakes for 2-year-olds, $175 added, three-quarters of a mile; owner's handi cap, purse $125, one mile and forty yardß; the Electric stakes, all ages, $250 added, $100 additional if coast record is equalled or beaten, one mile. Saturday, December 86th—All ages, $250, one and one-quarter miles; Hollen beck hotel stakes, $250, four and one half furlongs; all ages, welterweights, $125, seven-eighths of a mile. Wednesday, December 30th—2-year old handicap, purse $125, seven-eighths of a mile; Los Angeles handicap, $400, one mile; the "Cabinet" purse, $200, one-half mile heats. Thursday, December 31st— All ages, $200, one and one-half miles; selling race for 2-year-olds, $125, six and one half furlongs; all ages, $250, one mile heats. Friday, January Ist — New Year's derby, $200 added, one and one-six teenth miies; all ages, purge $300, one and one-eighth miles; handicap for all ages, $200, live-eighths of a mile. There will be several over-night purses. En tries close for all the above events with Secretary Benjamin, on Wednesday, December 2d. Programmes can now be had on application. c THE ECONOMITES' WEALTH. Dr. Cyrns Teed Did Not Get Control of Their Finances. PiTTsm no, Pa., Nov. 15.—Concerning tbe recent stories published throughout the country that Dr. Cyrus Teed, of Cali fornia, had succeeded in getting hold of the finances of the Society of Econo mies, Trustee John Dubs has published a statement detailing how Teed hap pened to visit the society and the re sult of his visit. Dubs says Teed did not get money and was not after it. He sought and won their moral support and intends to send recruits to join them. As to their finances, they are in safe hands, and there is no danger of any person becoming a member and causing any change in the system. The ap praisers are entirely in the hands of the board of elders, and no one person could get control of the society's millions. Want Revenge. The following challenge has been re ceived : Los Angeles, Nov. 15, 1891. Sporting Editor Herald : —I hereby challenge, on behalf of the Tufts-Lyon baseball nine, the Seventh Regiment nine to a game of ball for any part of $200. This is no bluff. L. V. VoI'NGWORTH, Captain of the Tufts-Lyon Arms Co. The Bicyclists. W. Jenkins, H. Cromwell and W. Tyler rode yesterday to Pomona. They returned the same day. The cyclome ters registered seventy miles. The Tables Turned. Sacramento, Nov. 15.—The tables were turned today, and Sacramento de feated San Francisco by a score of 0 to 1. The game was a one-sided affair. The Triumphant Babies. San Francisco, Nov. 15.—The*Oak lands lost both games today with San Jose. Score: Morning, 12 to 2; even ing, 16 to 2. AN ENOCH ARDJCN. A Duplicate of Tennyson'a Bero In New Mexico. •Alblqukhih'e, N. M., Nov. 15.— Eighteen years ago George Cundiff left his wife and two children in Joplin, Mo., and came west. His wife soon afterwards moved to Kansas City. Her husband neglected to write, so she soon I gave him up for dead. Three years ago ' she married I. D. Wirney, and is now I residing in this city. Cundiff wandered into the San Luis country and made a fortune. Three months ago he deter mined to find his family, and finally located his son in this city. On coming here he for tbe first time learned of his wife's marritige. After a short visit he returned home, deciding not to molest .his wife and her present husband. ITALY'S OPPORTUNITY. She Will Push Her Claims While Our Fleet is iv Chile. Chicago, Nov. 16. —A morning paper has a special from New York saying: United States Minister to Italy Porter reached here this morning on the steam er Normandia and proceeded at once to Washington, having been summoned unexpectedly from his post. He de clines to talk, but his sudden appear ance gives rise to the rumor that the Italian government thinks this an op portune time to submit a demand for an apology or money indemnity for the New Orleans affair, since our naval ves sels are concentrating in Chilean waters, and may be needed there some time. DOM PEDRO ON DECK. He Is Willing to Return to Brazil if Bis Services Are Needed. : Paris, Nov. 15.—According to an offi cial communication sent to the press, the leaders of the Brazilian colony here have received a declaration to the effect that Dorn Pedro, seeing events in Brazil tending to dismember the country, is ready to return, if tbe nation desires his presence, in order to render final service to the union, integrity and greatness of his fatherland. Dr. T. W. Van Vlick, president of the alleged "Medical University of Ohio," has been arrested at Cincinnati for issuing bogus diplomas. Mlles's Nerve and Liver |FUU Acton a new principle—regulating the liver stomach and bowels through the nerves. A new discovery. Dr. Miles's Pills speedily enre bil iousnrsM bad taste, torpid liver, piles, constipa tion. Unequal ed for men.women. children. Smallest mildest, surest! Fifty doses, 26 cts Samplesi .cc by all druggists. Shiloh's Consumption Cure. This is beyond question the most successful Cough Medicine we have ever sold, a few doses invariably cmc the worst cases of Cough, Croup and Bronchitis, while its wonderful success in the enre of Consumption is without a parallel in the history of medicine. Since its first discovery it has been sold on a guarantee, a test which no other medicine can stand. If you have a cough we earnestly ask you to try it. Price 10c, 50c and $1. If your lungs are sore, chest or back lame, use Shiloh's Porous Plaster. Sold wholesale by Haas, Barnch & Co., and all retail druggists. Good Opportunity. A Spanish gentleman speaking also French and English, will leave Los Angeles for the City of Mexico, about Dec. 10th, and offers his services as interpreter during the trip to trav elers, and will execute any commission en trusted to him. For reference, apply to Prof. A. Cuyas, at 520 Buena Vista street. Too much for tho money, those lovely trimmed hats, in latest styles, at the New York Bazaar, 148 North Spring street. BORN. BRUNNING—In this city, November 15, 1629 Temple street, to the wife of Henry Brun ning, a daughter. Peculiar In Combination, Proportion, and Process of prep aration, Hood's Sarsaparilla possesses the full carative value of the best known remedies oi the vegetable kingdom. Peculiar in strength and economy — Hood's Sar ■aparilln is tho only medicine of which can truly be said," 100 doses one dollar." Other medicines require larger doses, and do not produce as good results as i Hood's Sarsaparilla. Peculiar in its medicinal merit. Hood's Sarsa parilla accomplishes cures hitherto unknown, and has won the title of "The greatest blood purifier ever discovered." Peculiar in its " good nama at home "—there U more of Hood's Sarsaparilla sold in Lowell, Where it is made, than of aU other blood purifiers. Peculiar in its phenomenal record of sale* abroad, no other preparation has attained such popularity in so short a time. It Is Peculiar to Itself. Peculiar in the originality and effectiveness of Its advertising, its methods are continually being copied by competitors. Peculiar in the way it win* the people's confi dence, one bottle always sells another. Hood's Sarsaparilla Bold by druggists, tl; six for $8. Prepared only by C. I. HOOD ft CO., Apothecaries, Lowell, Mass. 100 Doses One Dollar SPECIAIv FOR THIS WEEK. Men's Tan Colored Kersey Overcoats, : )•( Boys' Dark School Suits, i|l.so:F==^ Men's Flannelette Overshirts, Globe Clothing Co. 249-251 SPRING ST., Near Third. DRESS GOODS CUT DOWN ! On Monday, November 16th, we will open a gigantic sale of Dress Goods, to last for 15 DAYS. WE MUST have the room for Holiday Goods. Every piece of Dress^Goods —black, colored or fancy, wool or cotton—has been CUT DOWN IN PRICE, the new price marked in plain figures on a yellow tag. This sale will last only 15 da^s. An opportunity to supply yourself with a dress at the prices we marked the goods to, is VERY SELDOM OFFERED. WINEBURGH'S, 309-311 S. Spring, below Third St. Crystal Pake. We hereby give notice that during ialr week we will have a grand exhibition in our store and Art Rooms of HAVILAND & CO. Plain and Decorated China, Dinner and Fish Sets, Game and Berry Sets. CARLSBAD Plain and Decorated China, White China for Decorating, Belgium and Bohemian Cut Glass Ware, Piano and Banquet Lamps, Bisqne Figures and Hun garian Vases, Bronzes aud Ornaments, Baby Carriages, and a thousand other articles too numerous to mention. Do not forget to look at the celebrated B. it H. 360-CANDLE POWER LAMP. MEYBERG BROS. 138,140,142 S. MAIN ST. 7-4 6m Mj JOE POHEIM ink THE ™ LOR ' hHIK " as Jus t Received a Fine Line of the Latest Styles in TB WOOLENS Wl'frif J For tlle Itoli ' ia y Trade. MJ/Bl Elegant Business Suits made R li R ■ t0 order from $20 to $35. ■ill II t 12 18 made to order ftom Pa Kni Stylish Overcoats made to or ~ • ii? '*»«lssjfc der from $20 to $36. Samples of Cloth and Rules for Self-Measure ment sent free to any address. 143 S. SPRING ST., BRYSON-BONEBRAKE BLOCK, LOS ANOELES. Pants Suits TO ORDER /|HT\ TO ORDER $3.50 julAj 515.00 4.g0 ffiWJtf 17.00 4.50 \M]W 19.00 5.50 II 23.00 6.00 II 25.00 6.50 M \ff 27. OO GA3EL THE TAILOR SBSO South Spring- Street. Carries the largest Btock on the coast. Los AogeWawo Broker, 146 N. MAIN STRUT, Opposite the Western Union Telegraph Office. L. B. COHN, Prop. Money advanced on [personal property of every description. Bargains in unredeemed pledges -9 3m PIONEER "TRUCK CO. uccesaors to McLaln A Lehman,) '• PBOPBIBTOBB OF THB Pioneer Truck & Transfer Co. Piano and Safe Moving a Specialty. Telephone 137 3 Market St Los Angeles'Cal iel-tf ROUGH, UNSIGHTLI HANDS Made soft and white by using -3 M A N U I N E.fS- M. B. HULL, sole agent. Los Angeles. Cal' P. O. Box 1332. For sale at druggists. 5