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THE SMELTER WILL BE BUILT.
The Opposition to It Not Consid ered Well Based. Alameda Street's Double Track Ques tion Postponed. Proceeding-it Yesterday of the Oily Coun cil—The Cudahy Slaughter House Hatter Net Settled—Mls eellaneooa Matters. The city council met yesterday morn ing, with President Bonsall in the chair. There was a full board present. MESSAGE FROM THK MAYOB. The following message from the mayor was received: "At the request of your honorable body I herewith return an ordinance providing for the improvement of Third Btreet between Main and Grand avenue." On motion of Mr- Rees, the vote by which the ordinance was adopted was rescinded—ayes, 8; noes, 0. THE A LAMBDA STBEBT MATTER. Ex-Governor Downey and several other property holders on Alameda street were in attendance, to protest against the granting of tbe requisite room for another track on tbat street to the Southern Pacific company. As the matter waß in committee of the whole and had not vet been reported back from that committee, it was moved and carried that the council make this mat ter the special order for Tuesday, De cember 27th, at 2 p.m. REPORT OF CITY TRBABURKR. City Treasurer Johnson presented a petition asking for the employment of two extra clerks in bis office from the present time to the end of his official term. He also asked that steps be taken to enable him, in turning his books over to his successor, to get credit for $8829 12 charged to him on the auditor's books, accumulations of interest in the hands of the depository of public funds. Re ferred to city attorney. Mr. Innes called the attention of the council to the fact that tbe expenses of the city government were already over $15,000 in excess of estimates for the year; and he was willing to put on the breaks now. A few drops of water soon grow into a river, and a few dollare here and there soon amount to large sums of money He asked Mr. Rees what he thought of the matter as chairman of the finance committee. Mr. Rees said he thought the banks cou .d afford to pay tbe clerks' salaries to the city treasurer. Tbe banks are making $60 000 per annum out of the city's necessities and they should be able to pay for all clerk hire necessary to the treasurer. Mr. Rees moved tbat an ordinance be drafted by the city attorney and re ported back at the afternoon session. Carried. REPORT OF OAS AND LIGHT COMMITTED. The finance committee reported in fa vor of filing a number of petitions here tofore reported to the committee. Tbe petitions were filed in accordance with a unanimous vote. They also reported tbat petitions 760, 704, 512, 544, 683, 684, 643, 511, 601 and 522 be filed. Adopted. Tbis means that all these petitions, which are for electric lights at various points, are re fused. THK SMELTER AFFAIR AGAIN. The smelter petition came up for con sideration and Mr. Rees desired to in troduce tbe evidence of a Mr. Reagan. Ue spoke very briefly, saying: Mr. President: I lived for three years within 40 yards of a smelter and was never sick 10 hours of my lite from this cause. I lived in a town where 300 men got their living out of a smelter, and if any man had eaid: 'Take away the smelters,' he would have been taken out and lynched." The opposing side of the proposition was presented by Mr. Galbraitb, who said that she establishment of a smelter would depreciate the value of all real estate within half a mile of the smelter, on Boyle Heights or anywhero else. Mr. Donegan, who is a smelter em ploye himself, and claimed to be con versant with all tbe outlines of the case, said that he had lived for years in the vicinity of smelters and never had been sick a day while in such employ. Letters from various parties, bearing on either side of the case, were read by the clerk. Mr. Rees then offered a motion that the smelter company be required, before any contract be signed, to furnish a drawing of their proposed works in order that the same may be submitted to san itary experts before any contract or lease is signed. Mr. Frank was evidently against the establishment of a smelter. He gave his experience when a boy in Saxony, where tbe smokestacks are from 250 to 300 feet high; and even then the vege tation is killed off for a radius of two miles. Men bave their clothing ruined by these smelter fumes who never go within half a mile of tbe furnace, lie said he had a home on Boyle Heights and all he had was in it. He loved bis little home, but he loved hiß family bet ter; and if the smelter should be estab lished there, his property on Boyle Heights would be for sale at 50 cents on tbe dollar. MB. MARKS BEGS TO DIFFER. Mr. Marks of Boyle Heights said that he owned an acre and a half near the site of tbe propoeeu smelter and he was awaiting his time to put up some cot tage residences on tbat land. They could not build the smelter any too soon to suit him. Mr. Rees moved that action on the approval of the contract be deferred un til proper planß and specifications of the furnaces be exhibited to this council in sufficient detail to enable this body to judge of tbe matter intelligently. The motion was lost; ayes 2, noes 7. The motion to grant the use of water to the smelter then passed by a v ote of 7 to 2. BOABD OF PUBLIC WORKS. The report of the committee on public works was then taken up and consid ered by sections. The several matters recommended were acted upon in ac cordance with the report as published in Saturday's Hbbald. Mr. Moore, ohief of the tire depart ment, appeared before the council and made a requisition for a telephone in his office. He had made a similar re quest on a previous occasion, which had been disallowed by tbe board at the pre vious session. THE PACKING HOUSE MATTER. The question of leasing a piece of ground to tne Cudahy Packing company for the purpose of erecting a slaughter house within the city limits brought out a numberofspeakers, including Di. Mac- Kcenler bowels follow tbe use of TUTT'B PILLfI. Gowan, tbe health officer, who eaid tbat this thing of distributing slaughter houses all over the outskirts of the city entailed too much travel upon the mar ket inspectors, who had to go in all di rections to inspect tbe meats as fast as slaughtered. What tbe city now needs is auabbattoir of 10 or a dosen slaughter houses all built alongside of one an other, outside the city limits. The health of the city demands tbat these slaughtering places be daily inspected, which cannot be done if they are scat tered all over tbe county from Santa Monica to San Gabriel. Mr. Rees said he was in favor of any movement that brought new and addi tional business to the city and wanted to see the business go ahead and prosper. But he was not willing to go ahead and grant exclusive privileges to any person with ut granting equal Drivilegea to all. He wanted to see time granted on this matter, so that the council could determine upon the question between this and the next meeting. Mr. Tufts sent up an amendment by which he moved to amend the licensing of slaughter houses. The whole subject matter went over to next Friday at 10 o'clock. DRIVING CATTLE IN DAYLIGHT. A communication was received from the city attorney enclosing the draft of an ordinance to regulate the driving of cattle, bogs and sheep in daylight through the streets. It provides for not over 50 head to be driven, except attend ed by three drivers. Mr. Nickell moved the ordinance go over to the next year. Mr. Rhodes objected. He thought the ordinance had originated with this conncil, and they should dispose of it. Mr. Nickell said there was a good enough law now for any ordinary condi tion of affairs. This ordinance did not originate in this council, nor in the city attorney's office. It is the work of the attorney of a packing company tbat con templates establishing a branch here. After quite a severe debate on the mer its of tbe question it was finally laid on the table by a vote of 5 to 3. THE TREASURER'S CLERKS. The city attorney enclosed the draft of an ordinance providing for the employ ment of two clerks for the city treasurer at $80 each from the present day to tbe 2d day of January, 1803, wbich was read a third time under suspension of the rules and passed by a vote of 6 to 2. TUB THIRTY FIRST STREET SIDEWALK. An ordinance to lay a cement sidewalk of five feet in width on Thirty-first street from Figueroa street to Estrella avenue, was now taken up. Tbe prop erty holders were to be allowed to do this work by private contract provided they paid all expenses, but this has not been done. There are two lots the owner of wbich has not signed tbe peti tion. This was the ordinance returned in the mayor's message at the morning session. Mr. Tufts moved to suspend the rules and place the ordinance on its passage. Tbe ordinance passed by 7 ayes and 1 no (Mr. Rhodes.) OPENING OV EIGHTH STREET. The commissioners appointed to open Eighth street reported they had been unable to obtain proper maps of said street up to date and have done nothing sinco, hence ask but one day's pay. The same (Mr. Rhodes in the chair)sort of a report was made by the commis sioners on Pic > street. ALPINE STREET GOES OVER, An ordinance of intention to grade this street, which has been before tbe council lor six weeks was, after some more dilatory motions, laid over to the incoming council. Tbe same disposition waa made of an ordin ance to change tbe name of Adobe street, end ordinances to sidewalk por tions of Franklin and Winston streets shared the same fate. THE NEW CLERK'S BOND. The official bond of Charles A. Luck enbach, in the penal sum of $5000 for tbe performance ol bis duties as city clerk was filed, with J hn S Maltman, M. G. McKoon, A. E. Pomeroy and Charles Forrester as sureties. THOSE SEWER CONTRACTS. The bonds of Frick Bros., contractors on section seven of the outfall sewer, was then approved and the contract for ouch section awarded to them. A simi lar ruling wsb made in the case of sec tion nine of the same work. The vote was 6 ayes and 1 no, Mr. Summerland voting in the negative. The penalties in all these contracts are $50 per day for each day of delay in the completion of said work. The bonds of the same par ties for construction of sections two and five of eaid woik were likewise ap proved. The bonds of M. O. Hughes as con tractor on section eight of eaid work was referred back to enable the parties to sign the justification upon the bond. MISCELLANEOUS BUSINESS. The lease from the city to Hiram Smith of a certain portion of the Fire men's cemetery was read and approved by a unanimous vote. The ordinance for improving Santee street has been vetoed, but on reconsid eration, Mr. Alford moved to lay the ordinance on tbe table, as paving is to be done by private contract. Carried. A final ordinance to sewer Rosas street was passed. Final ordinance for improving Broad way, fiom Tenth to Main, was passed. Mr. Innes moved to reconsider the aioption of the recommendation to put in a box culvert across Carr street at the west side of Main and a cross walk from the south side of Carr to car tracks. Tbe motion was lost. A proposal was offered to improve •alv street, by W. O. Wolff, grading 21)4 cents per lineal foot, curbing 28>£ cents per foot. Referred to the board of public works. An ordinance declaring the width of a cement walk on Washington street, between Main and Central avenue, 16 feet, waß passed. FINANCE COMMITTEE REPORT. The finance committee reported, recommending return of the following amounts for various assessments on property: A. 0. Brown, $2; P. H. Do mingui-z, $2. Adopted. Also, that de mand for $60 be presented against the city for its share of expenses of opening Huff street. Adopted. Also, that tbe city engineer report amount drawn from cash fund as part of expense of his office wbich should have been drawn from tLe outfall sewer fund. Adopted. Also, that the auditor transfer from the out fall sewer fund to tbe internal sewer fund $12 500, right of way paid to D. Freeman, and $700, right of way paid to King, Clark and Luizinger. Adopted. Also, that $20,000 be transferred from tbe outfall sewer fund to the common school fund, temporarily. Adopted. Mr. Bonsall moved that as there was a large amount of business to be consid ered in committee of tbe whole, wben the council arij urn it adjourn to Friday, the 23d, at 10 a. m. Adopted. And at 4:10 p. m. tbe council ad journed. Indigestion. Clulneu T*xe Beecchms' Pius. LOS ANGELES HERALD : TUESDAY MORNING, DECEMBER 20, 1892. "At j^anquets. Clubs, and in Homes, APOLLINARIS Natural Table Water is ever a welcome guest." N. Y. TIMES, Mar. icth, 1892. IT WAS DECISION DAY IN COURT Judges Van Dyke and Wade Hand Down Opinions. The Points In Brief of the Documents iv Question. A Number of Oases More or Less Im portant Which Reached Their Final Point Yesterday, Court Notes. Judge Van Dyke yesterday handed down an opinion in tbe case of S. McX" ley, jr., vs. John Brown et al., in wb interesting questions relative to power of the state to require cert acts of national banks are discus counsel admitting that some of points have not heretofore been ruled upon. The opinion, which is quite long, says in reviewing the case that the plaintiff is the endorsee of a promissory note made to a national bank. The de fense relied upon was raised by way of plea in abatement on the part of defend ants that tbe national bank, endorser or assignor of tbe note in question, had not complied with the requirements of tbe statute of this state of 1876, requiring tbe publication and recording of certain statements of banks and banking cor porations doing business in the state. Tbe state law in question, as one of its penalties, provides tbat no corporation or person who fails to comply with such provision shall maintain or prosecute any action or proceeding in any court in the state, nor shall any assignee of any such corporation or pers »n maintain any action until the law has been complied with on the part of the assignor. It waß stipulated on tbe trial in this case that tbe national bank in question had not complied with the state law; also, that, except for this defense, tbe plaintiff was entitled to recover. The question piesented, therefore, was whether the legislative act of 1876 is applicable to national banks. This question Judge Van Dyke discusses at considerable length. Referring to the state legislation on this subject be says: "In 1878 this state passed what is known as the bank commissioners' act, and in the case of Bank of British Co lumbia vs. Cahn (79 Cal., 463) it was held that the act creating the board of bank commissioners did not repeal or supersede the act of 1876 requiring the publishing and recording of statements; that tbe earlier act was simply for the protection of persons dealing with the banks of California by requiring notice of its financial condition to be pub lished and recorded, whereas the bank commissioners' act is to enable the com missioners to investigate and supervise the condition of the banks." "In other words,'' the court contin ued, "the bank commissioners' act is visitorial in its nature, and it is conceded tbat this act does not apply to national bankß. But tbe defendant's counsel claims tbat inasmuch as this act of 1876 is not visitorial in its nature it does not apply." The court goes on to say that the real question is whether the state possesses any power whatever over national bankß so as to interfere with their pow ers to carry out the functions by wbich they, as national banks, are designed to serve the government of tbe United States. Defendant's counsel admitted that the precise question involved had not come up, but referred to cases which, from analogy, be claimed supported bis contention. But an examination of these cases, the court holds, shows that the state legislation involved in them did not impose additional conditions upon the bank as sucb before it could transact business or maintain suits in court, ns it does in the act of 1876. In other words, although congress declares that a babking association formed under its act may sue in all states, the state law prohibits it from doing so until it performs tbe additional acts specified. After discussing further the powers of the government and the states in theee matters the court concludes by Baying that he is of tbe opinion that the state law of 1876 does not apply to national banks, and tbat tbe plea in abatement should be overruled and judgment go for the plaintiff, and it is so ordered. OPINIONS BY JUDGE WADE. Interesting; Water Ri K hts Cage—A New Trial—A foreclosure Case. Judge Wade yesterday banded down an opinion giving judgment for the de fendant in quite an interesting water rights case, tbat of W. M. Bristol vs. F. B. Alderson. The opinion is quite along one, and in substance was as follows: The action, the court says, is one in volving the title to certain water and water rights, in other words, an ease ment which consists of tbe right to use water arising on the land of another and flowing through an artificial channel. Mr. Cate, who is the plaintiff's grant or, owned as one tract tbe premises up on which tbe water rises, tbe tract of 15 acres owned and occupied by plain tiff, and a small tract of five acres lying between the two, and upon which he re sided with bis family. October 24,1887, Cate conveyed tbe water-bearing portion, a tract of 141 acres to the defendant, with a reservation reserving and except ing the water and water rights thereto fore conveyed by George Cate to W. H. Carlin; and reserving also sufficient water for the domestic use, drinking and cooking of the family of the first part. May 12. 1888, Gate conveyed the 16 acres, which was then part of a 20 --acre tract npon which he lived, to the No Chris man aad Mew Tear's table should be without a bottle of Angostura Bitters, the world renowned appetiser of exquisite flavor. Be ware oi counterfeits. plaintiff, together with its appurten ances. His dwelling house and other domestic structures were upon the five acre tract which he still retained. August 4,1888, Cate conveyed this five acre tract to tbe defendant. September 10,1891, Cate made another deed to the plaintiff for a nominal consideration, re citing that it was mane as supplemen tary to the former deed, to the same premises, but expressly including in the latter conveyance the water and water rights reserved by himself in bis former deed to Alderson of the 141-acre tract. It recited also tbat the intention of the grantor was to convey the water right as appurtenant to the 15-acre tract in the original deed. After discussing the reservation clauses at some length and the interpretation of the language used, the court t .' 'les "ollawa.: ""oner other tne piaiu...... detachment is upon deienuau* „ and not on that of plaintiff, i'iaiut... claims an easement in these pipes and in this land of defendant's, and claims title to the waters there flowing to the amount of 500 gallons daily. The onus probandi rests upon him, and it will not suffice for him to present a mere scin tilla of evidence. If-Cate had a vend able right to this water, it was of a cer tain amount, or of an amount capable of reduction to certainty. There is no evi dence of what this amount is or was. "Plaintiff also seeks to have bis title quieted to this easement. As well might he ask to have his title to a parcel of land quieted, and leave the court to guess at tbe number of acres, if any, to wbich he was entitled, with a strong possibility against his being entitled to anything whatever. "The judgment in this case ehould be for defendant, and it is so ordered. De fendant will prepare and submit find ings in accordance herewith." Judge Wade also granted a new trial yesterday in accordance with the follow ing brief opinion, in the case of J. H. W. Pattison vs. The Consolidated Elec tric Railway company : "There seems to have been sufficient evidence offered by plaintiff, when the judgment roll made the evidence of claim under color of title sufficient to amount to construc tive possession of the lot in question, to entitle plaintiff to judgment—in the absence of a better right on the part of defendant. Therefore tbe non-suit should be set aside, and it is so ordered, and a new suit granted." Judgment was also ordered by Judge Wade for plaintiff in the case of Myer vs. Uuarte et al.; an action to foreclose a mortgage, in accordance with a short opinion. The defence was tbat a subse quent mortgage upon tbe same property, given to secure a distinct debt, bad been foreclosed by the plaintiff, and the property sold to satisfy the judgment, and that the first mortgage sought to be foreclosed in the present action was for a debt wbich was overdue when the action was brought on the subsequent debt and mortgage. In giving judg ment for plaintiff, the court says tbat if the defendant bad made a timely mo tion for tbe consolidation of the two cases, it might have been favorably en tertained, but as one of tbe actons has been permitted tc go to judgment, no good reason is apparent why the other should not follow the came course. Court Notes. In the foreclosure case of William Riley vs. J. F. Chamberlain et al., Judge Wade yesterday gave judgment by de fault in favor of plaintiff for $2000. In the case of C. E. De Camp vs. G.W. Bryson, Judge Wade ordered findings and judgment for plaintiff for the amount of the payment acknowledged in the contract and intereat from date of recission. William Pollard, a native of Canada, was admitted to citizenship by Judge Van Dyke. In the case of Grovanole et al. vs. Ur quldez, before Judge Van Dyke, tbe cause was tried and submitted on briefs to be filed. Wingate Lindsey, charged with steal ing a lot of harness, was tried before Justice Stanton, who reversed his deci sion until today, when the defendant will be tried on a charge of stealing some carpenters' tools. Chris Jann pleaded not guilty to the charge of rape against him before Judge I Smith yesterday, and also entered a plea ef having been once in jeopardy by reason of his former trial on the charge of incest. The cause was set for trial for January 18, 1803. Hearing on tbe demurrer to the com plaint cbarging Claude L. Hill with embezzlement was continued yesterday by Judge Smith until December 22d. The record was ordered closed by Judge Smith yesterday in the case of Ah Yung, it being shown that after conviction he committed suicide in the county jail. The trial calendar in Judge McKin ley'e court went over yesterday until next Tuesday, be being absent in San Bernardino trying a cause. An information was filed yesterday on motion of tbe district attorney, cbarg ing Fred Kopp with forgery and De cember 20th was set for his arraign ment. The defendant is accused of forging a check August 26th, on the California bank of Los Angeles for $20, to which he signed the name of Anna Kopp, the check being payable to tbe order of August Miller, that name ap-1 pearing also on tbe back, and that he presented it for payment. Bucklen's Arnica Halve The best salve In the world for cats, brulsos, ■ores, ulcers, salt rheum, fever sores, tetter, chapped hands, chilblains, corns and all skin eruptions, and positively cures piles, or no pay required. It Is guaranteed to give perfect sat isfaction, or money refunded. Price, 25 cents per box. For sale by O. F. Helnseman. Buggy robes, borse blankets at Toy's old re liable saddlery boose, 816 N. Los Angeles st. WATCHES JEWELRY DIAMONDS TT^SM^FREE! ALL THIS WEEK With every purchase of TEN DOLLARS OR MORE, We will give you a FINE, FAT TURKEY. THIS IS a voluntary contribution on our part to your Christmas feast. We guarantee you the lowest prices ou CLOTHING, HATS, FURNISHING GOODS and BOYS' CLOTHING, and you get your turkey free. In other words, our present to you of a turkey is equivalent to a discount on our regular prices. LONDON CLOTHING COMPANY, CORNER SPRING AND TEMPLE STS. HEADQUARTERS for OVERCOATS. . 12-19 3t SEOOND ANNUAL. FREE GIFT SALE -3-OF DOLLS—rf- To every purchaser of Shoes of $2.50 AND UPWARDS. THE QUEEN Shoe Store, 162-164 N. Main street, will give, free of charge, a beautiful Christmas Prize Doll on and after November 25, 1892. Our prices are the most reasonable; our shoes wear the best. Satisfaction always guaranteed. 83T SEE SHOW WINDOW, *^sgr A. 13. GREENEWALD'S, COR. FIRST AND SPRING STS., Is the place to buy your Xmas presents in Cigars, Cigarholders, Pipes, Etc. He carries the largest line In imported, Koy West and domestic cigars, and an extra fin stock of holiday goods to select from. Inspect our elegant line of goods before purchasing else where. Prices reasonable. AT 125 S. SPRING OUR PRICES show that they are the lowest in the city. Cur house Is crowded all day. Goods first class and strictly as represented You will SAVB TWENTY FIVE TO FIFTY PER CENT by giving us a call this week. OTHERS DESIRE TO SELL, BUT WE MUST SELL! WAGNER'S OLD STAND, 135 BOUTH SPRING ST. 3