Newspaper Page Text
BUSINESS ENTERPRISE. in !■- Herald Steam Printi.no: H.iUsk makes a specialty of Legal P.inting. Briefs, Transcripts, etc., p lutes] at low rates. Pieducod Prices. i utter my stock of doors, sashes, eic, at the following reduced pri eas" WINDOW SASH. 8e11i.... H 35 ))i\> 1 50 BxM 1 03 i Ixl2 I §8 tOxU 1 75 •'ixlii - -o 13x28 2 75 Hx32 3 00 16xS6 3 35 nxlti 3 50 Other sizes iv proportion. doors. 1'..6x6.6xl inch $1 GO It.6xß.Bxlt, moulded 1 90 o.oxo.oxli " 2 12 2.8x6.8x1j " 2 25 ■Jl.l0x«.10xll " 250 Hx7xl f " 2 76 Every other size in proportion. Also great reduction iv paints, oils and glass, at No. 28 Los Arfgeles street, under tho White House. B. Raphael. Im-sept27 The Russian Electric Baths of R. Hughes and Wife are located at No. 15 Main street, opposite the Pico House. Gentleman and la dles will be waited upou by persons >f their own sex. novlltf Spring eye needles (our own make) at Sutherland's gun store, 75 Main street. 2my7 At Pearson's Oriental saloon, i) iwney Block, you can got a but tle of excellent champagne for SI, tine whiskies, Imported direot from Kentucky, milk punches of a per fection which .reflects unbounded honor on their compounders and oipltal Havana cigars, the latter for a hit. s2<slm Philadelphia Brewery. Uier has a Palateffllan effect, as H-nry Well, tlie brewer of the Philadelphia Brew9ry, will testify, Gio I beer makes musole aud fat, and all the regular patrons of the Philadelphia Brewery are. strong an I healthy. It mikes ths sick well and the healthy stronger; p'lysle Is unnecessary and doctors ars played out, If you usa the Phil a Islphia boer. Leave orders at the brewery or semi them by mail. De li .rerei free to any part of tha city, a ti li lit. No. 130 Hill Street. Nioely furnished rooms wil h first class board, use of parlor and piano. Beet locality in the city. Terras reasonable. Mrs. J. M. Carey, No. 130 Hill street. ocl2 Invalids who aro suffering from chronic kidney an I liver diseases, rheumatism, dyspepsia, scrofula, and all cutaneous affections, should goto Fulton's Sulphur., Wells, lo cated thirteen miles from Lis An geles, nu the Anaheim railroad. This water Is, beyond a question, fine. oeldtf A. T. MuOonouuh, late of 39 Spring str.'ct, has just opened the Acjii; of Fashion ut No. lit, Tem ple street, where he will be pleased to meet his old customers aud the public iv general, to whom, us be fore, he guarantees the most stylish and bast littiug clothes to be bad in the city. Razors of every make ut Suther land's guv store, 75 Main street. 2 Notice. The Ladies' Oyster Rooms, Re pjena street, near Main, opposite the United States Hotel, are again opened to the ladies and will he sarrled on iv a stricily respectable way, so that all ladies, with or without escorts, may feel at ease and reoetv* prompt and respectful ittentlon. Oysters in every style, ihrimpi, tea, coffee, etc., constantly •a hand. Job Bayur. ►it 4 tf Just Arrived. AshtpmsntofGoiNNßSS' Extra dror/r. direct from Liverpool, lv pints and quarts. Alex. Mukenjsiij. 127 Main street, Poust building, Los Augeles. au2l-tl Joe Bayer, of Congress Hall, has lust reoeived v consignment of boca lager beer. It is a su perb article and cannot bo excelled %i a draught beer. Oysters, shrimps, hot and cold lunches of all kinds, constantly on hand. Give him a oall. Corner Main und Re uueua streets, opposite the U. 8. Hotel. 09 Fishing tackle and cutlery at Sutherland's gun store, 75 Main street. 2ray7 A. McKEiUI.;, UfcAl.Klt IN Fine Wines & Liquors. M. & H. W. CatherwooJ's PHILADELPHIA Fino Old Whiskies J ruin their agents, DICKSON, DoWt'.'.K A Co., .'inu Krauolsco; also, j. n. cutter's Old Bourbon and Rvo Whiskies, * rom thelragonts, A. P. Hotallng ,& Co., Sjn KranclMCo. by the H tbi, or (Jallou, at wholesale pilces. Genuine Scotch and Irish Whiskey. English Ales and Porter. •V HK!s.VSIIM,EIi©OM 1. provided wltb tho purest WINES, LIQUORS AND IM POKTED HAVANA CIGARS. mar KNQI.I -11 ALE ON DItAUOnT. Pouot's Building-. Main street, near Court. Los Angeles, fel-t! A Bow of Pearls Glistening through ooral llpa Is certainly a pleastns object; but a row of dUoo! -ored, bespeck led teeth In any mouth at all Is a grievous'lrawlneK. Art'l io this that such a set or teeth Is usu i lly aocooi punled by inn.mo breath, and one can scarcely Imagine anything moro obtee tlooa'ile. BDZODONT, the great puria-r or ths breath and wbltener of tho teeth obviates ibie state of tbe nioutb oom pleiely, re eulng Its dental oenupanls from destruotlon. and eounteruotlDg tho influence upon tbeeuamelot acid seore tlont In the moutb. TUESDAY ~..0CT. 29, Ts7& Herald Steam Printing; House. The lacllllles or the Hekai.d attain Printing House for doing Job work aro not surpassed In California outskle ot Han Francisco and Sacramento. All work oil trusted to us will be executod with ueal ness and dispatch at tbe lowest living rates. NPKt'IAI MSPVMIJk lleroufler notices of Companies,socie ties, churches, etc, will ouly bo Inserted In tlie Hehai.ii as paid advertisements. We reserve, for Places of Worship, a grat is directory, which will appear every Sunday morning. WAR DEPARTMENT, SIGNAL SERVICE, U. S. ARMY. Division of Telegrams ami Reports for the benefit of Commerce and Agriculture, lleport of observations taken at Los Au geles, GtU., Oct. 28, 1878. a 1 A. tp.: Maximum Thermometer, 82 Minimum " 49 J. M. Kit a nt/„ Observer. LOCAL BREVITIES. The steamer Aucon is due from Han Francisco this morning. A first class dressmaker adver tises for a situation In our New To- Day. Air. Sam A. Tuttle got back from Han Francisco by Sunday's over laud train. Judge S. lieydsnfell, of Hau Francisco, arrived In Los Angeles by Sunday's overland train. No Eastern mail arrived yester day, owing to some obstruction on tlie railioad east of San Francisco. Music at GuV saloon, corner First and Los Angeles streets, every bight. Best beerilvo cents a glass. Mr. J. 8. Slauson, President oi! the Los A"geles County Bank, re turned from San Francisco ovei laud Sunday. The Grand Army of tbe Repub lic have rented Uuiou Hall and the next mnetiug of the Sooiety will be held at that place. A lady who is capable of teach ing music aud understands dress making advertises for a situation, lv this morning's Herald. Henry Koch, c mvicted of arson for burning Ihe Central Hotel, near the depot, some mouths ago, was yesterday sentenced to five years in the State's Prison. A girl to 600 b and do general housework can hear of a good situ ation by applying at the Qtilncy Hall clothing store, corner of Maiu and GommetClal streets. Arrive 1 at Wilmington, O.it. 28, schooner Birhara, Iliggius master, from Russian Gulch, with 2730 rail road ties and 300 posls for Western Development Company. In the Supreme Court yesterday the decision of Judge Sepulveda in the Boord of Public Works oase was affirmed from the bench, Judge MoKiustry announcing that the act of the Legislututo was of ilself line nisiiiutinn.il and, consequent ly, void. Do not forget the auction sale of lots, by E. W. Noyes, at the Wash ington Gardens, at 11 o'clock this morning. They are among Ihe most desirable in the city, and to persons seeking a beautiful home site, ths opportunity is the best ever offered. The case of tlie city vs. the own ers of the Feliz Ranch will be ar gued in the Supreme Court to-day. City Attorney Godfrey will appear for the city uud Judge Heydeuleldt, Messrs. Howard, Brousseau & Howard and F. Ganahl for the ranch owners. Mr. R. 1,. Collins has Btted up a market at No. 37, Spring street, and will open this morning with a stook of fine beef, mutton, sausage, etc. Residents of this neighbor hood will find the shop a great convenience and Mr. Collins a most obliging dealer. Officer Ketler yesterday reoeived the congratulations of his friends on being the father of boy twins, a pair of bouncers, which Mrs. Ket ler had presented him In the morn ing. We join wilh Charley's friends lv wishing the hoys v long aud prosperous career. A lire broke out at San Diego at 4 o'clock on Sunday morning aud destroyed the following buildings: .New England Restaurant, Young & Gray's furniture store, Ron Bailey's saloon, A. 11. Julian's store, W. A. Beers'* store, Fisher aud Snyder's saloon and barber shop, and Fishst'l house in tho rear. We Would ask why it is that pe destrians ou Main street, when they resell a portion of that thor oughfare between tho places of Mr. Charles R, Johnston and Coun cilman Jones, tire obliged lo bend nearly double to save faces, hats, bonnets and body from being abraded, municipal ordinances to the contrary and notwithstanding. Why not trim these trees, ns the law directs? Between 12 and 1 o'clock litis morning officers Trlbolet and Be nltes arrested four of tho gang of San Francisco hoodlums, who were up before Judge Peel the other day, for creating a dletuibanco in a barn on Alameda street. When locked up in jail one of them an nounced that lie could whip any man in (own. The boast and the loud noise excited the Iro of the sleeping inmates of the Hotel Thompson, and they turned out of their bunks and gave the uew com ers such a drubbing as soon made Iheni change their boasting into v supplication for mercy. They will be examined before Judge iVel this moruiug, when, it is to be hoped, he will nut again turu themirr).""" We confess that we were not proud of the fruit exhibit of Los Augeles couuty at tho late Fair. Los Angeles last year produced and sold nearly ten millions of or anges and more grapes than any other county of the State outside of the Napa valley, and yet here is what tho Sau Diego Newt has to say of the fruit exhibits of our Pa vilion, uuder tlie caption of "Funny:" "Our San Diego people went to Los Angeles with the ex pectation of seeing loads of oranges und grapes on exhibition at ihe Fair, from tbe great orange and grape county—Loa Augeles. There was not exoeedtug ten pounds of grapes on exhibition, and not a single orange. One gentleman toouk up from here five, raised in Paradise valley, but did not enter tbem, thinking there would be bushels on the ground. Now it would have been a joke if ho had takeu the ten dollar premium on five oranges raised in Ban Diego oounty, which he Certainly would have done bad be entered tbem, aud we wish he had done so." This neglect was tbe in >re unpardoua ble because it was Just übout this seasou that we made our superb fruit aud floral exhibit on the com pletion of the Southern Pacific Railway—an exhibit that, by urn versal concession,was never rivaled in the State of California. Yesterday morning SherifTMttch ell and Deputy Cells arrested Miguel Coraraato and Jose Alvlsu on the charge of murder. About three weeks ago these two men, iv on m pauy with Joed Vulenztielu, were driving from a email grog gery below town to the Jabon* eru, when it Is alleged that a fracas arose between Ihetn uud the lust named man was killed. Tbe other two took the body to Mr. Rubin's place and reported that he Irad fallen out of the Wagon and, striking upon his head, hud thus been tallied. A coroner's jury heard tho testimony of the two men nnd tendered a verdict of accidental tleulh. The brother of deceased subsequently came down from San Bernardino county, and upou Investigation, discovered evidence pointing strongly lo murder. It was this which occasioned thu arrests. A double team broke loose some where on Maiu street yesterday af ternoon and ran along that thor oughfare at a furious rate. On Up per Main street the horses ran Into the horse of Mr. Htrolim, who, ac companied by a couple of ladies, was coming ovtT from Eist Los Angeles. Iv the collision the run aways tried to separate and go oue on each side of Mr. Strnhm's horse, but Were unable lo do so, the bar ou the end of the pole striking his animal ou tbe head and knocking itdowu. The shock threw the la dies out of the wagon, one of whom was seriously hurt, and tho other received n number of severe bruises. Tho McFaJden Brother* have sold their stenmer Newport to the Pacific Coast Steamship Company. We are told tli at there is au agree ment by which the grain of about three-fourths of the farmers of Santa Ana Is to be carried at four dollars a ton to Sin Francisco, und this contract has abnut two years longer to run. There are in store at the Wilson wharf, besides, twenty thousand sacks of grain for which transportation to San Fran oisco Is to be furnished at three dollars and a half a ton, wharfage included. These contracts are both assumed by the i'aoitio Coast Steamship Company. We had the pleasure of meeting Capt. Rnberts, of the Los Angeles Company's wells in the Sespe, yes terday. Ho iufortns us that the new machinery of tho company will arrive in a week at the utmost. Io two weeks from date the new rigs will be in place aud a consid arable oil ou'eome may be looked for in view of the fact that petro leum has risen to tho height of seven hundred feet In the well. We learn that there have been sev eral flattering offers to purchase the property of the Los Angeles Company from San Francisco par ties. Los Augeles lately is especially favored hy tramps. Iv addition to the gang nf 10 whloh arrived last week, several detaohments are now on route to this city. Tiie con ductor of Sunday's overland train from San Francisco Informed Chief Harris that he bad ejected from tils train on the way down 41 tramps, as follows: At Tulare, 13; Sumner, 12; Rivena. 12; Newhali, 7. Those put off at the last named stations are probably already in the city and it would behoove the owners of chickens and other portable prop erty to keep a brigiit lookout, as these genl ry are generally hungry and not ut all particular as to wh provisions they feed upon. The Incarceration of a brother chip In the State's Prison does net seem to have a deterrent iuflnonoe on horse-thieves. It was only on Saturday that Tapis went up to San Qoeutin for a term of years; and yet, on the same evening, some one entered the corral ot Mr. C. Claik, In East Lvi Angeles, and stole his horse, uud Mr. Ward, of the same place, lost a saddle, bride and horae-blunket, taken hy the same thief, probably. The second Unitarian Thursday entertainment, will bo given al Union Hall next Thursday even ing. In addition to Ihe usual pro grammu the shadow paninmline nf "Tho Babes In tbe Wood" will be given. From one who has been permitted to witness tlie rehearsals we lenrn that "The B>bes In the Wood" Will be represented with greater completeness than any thing of the kind ever before pre aenlen in this city. The entertain ment will conclude with the usual dance. The public will please take no tice that the Mechanics' Store re ceives new goods ueurly every day and we wish to stale that tile pub lic will find our prices lower tbun elsewhere. We Intend to give you low prices at all times, and it will be a great advantagutn you to pa' run ze the Mechanics' Store, 40 Main Street, opposite tbe Saint Charles Hotel. THE LANKERSHIM FLOUR MILL. The Inauguration of Flour Manufacture ou a Largs Seals la Loi Angslea—A Hallway Dspot Tranaformed Into • Warsbouai With Kill Attached, Pursuant to annnuueement, the new Lankershlm flour mill was open to visitors yesterday. The Messrs. Liukershim <fc Co. have purchased tbe old depot and grounds of the Southern Pacific Ratlway, corner of Commercial and Alameda streets. The frame depot building proper they have converted into a warehouse for the storage of some thirty thousand sacks of wheat, the product of their San Fernando ranch. At the side and towards tbo rear nf tho depot building, they have erected a large and handsome mill of brick, filled with the latest and most ap proved machinery. AS WE KNTEKED Wo encountered Mr. Isaac Lauker shim, the father of wheat growing on a large scale In Los Angeles snd San Diego count ies. He was super intending the sacking of the new made flour. He at once, with great pnliieiies-, proceeded to snow v* over the building. We Inspected with liveiy ourioslty the French burr stones, four run of which were grinding the wheat iuto pearly H 'ur, while one of the other four was employed upon middlings. These stones are massive ami beau tifui; and, covered with tlie white flour, they looked like marble. We next took a glance at the engine room, where we inspected a marvel of a Scott & Kckert cut-off engine, of one hundred and fifty horse power. We were led iv turn over the whole three stoiiea. A wonder ful congeries of wheels anil cogs regulate I tie bolting process. A irreul number of sifters deliver the wheat, freed from all Impur ties and imperfect grains, to the burrs, which do their work on the "demmtloii grind" principle. THE CAPACITY OF THE MILL, If Worked (luring the whole twenty four houis, is five hundred barrels or flour, which can be Increased to six hundred. A twelve hour run would, of course, be half of that. Mr. Lankershirn Informs us that the San Fernando valley this year yielded only a quarter of a wheat crop. Owing tv the " rust " much of 11 was not cut. The thirty thous alld sacks in store in the old depot building, witli un ample reserve of seed for nextyeer'adrop, represents ibe total yield of the Lai.kershim r.iiieh this season. However, tak ing one year with another. Mr. Lenkerelllno is quite content with tanning in L,oa Angelea county. Croat twelve to fourteen thousand barreleot flour as the yield of one farm will Ou very well for a year of fluids which lodged the grain aud caused it to "rust." When we consider the considerable area of wheat throughout the county ut largo whicn yielded what iv tbe ftasi would lie regarded as an "ay erage" crop, we are justified in as suming that our whole people will i his year be fed ou Los Angeles flour. SUPREME COURT. Monday, Oct. 28. Court met pursuant to'adjourn ment . Present—Win. T. Wallace, C. J.; J B. Crockett, J.; A. L. Rhodes, J.; A. C. Niles, J.; E. W. MeKin »iry, J ; D. B. Woolf, Clerk. 6,078-Babe vs Coyne—Judgment affirmed. 5 979-MyCoy vs Brlaut—Judg ment and order reversed without costs. (McKinstry, J., aud Wallace, C. J., expressed no opinion.) 4,sG7—Morenhaut vs Wilson- Judgment reversed and cause re manded for a new trial, and tbe opinion heretofore delivered will aland as the opinion of the Court. 6,973—Huston vs Leach—Judg ment and order affirmed. 6,247—Jackson vs Lo Bar—Judg ment reversed and cause remanded with an order to the Court below to vacate the order strikiug out por tions of tho complaint aud the or der dismissing the action. (Wallace, C. J., did not express an opinion.) 6093—Morgan vs Chester—Judg ment und order affirmed. Remit titur forth with. 0221—McDonald vs HoFarland et al—On motion of Chase & Leach for appellants und filing of a peti tion for rehearing, ordered that a stay nf proceedings be granted uu lil ihe same is delermln"d. 5-19> — Paruell et al vs Yoakum et ul-Ou motion of Arick and stipu lation on file, ordered that Ihe or der heretofore entered herein eon* liiiUiug causa for ihe term he va cated and set aside, and it is fur ther ordered that Ihe appeal be und the same is hereby dismissed. 6073 and 6181 —Livermore el ill vs Jewett et al—On motion of God frey, ordered tiiat the remittiturs lien in Issue forthwith. 6133-Livermore et al vs Webb el al —On motion of Godfrey, or dered that tho remittitur herein is-ue forthwith. 6151—l.iverinoro et al vs Green et al—On motion of Godfrey, or dered tbat the remittitur berelu issue forthwith. Vitkery, et al vs L"a!—On mo tion or lluzaru) for appellant and silpulaiion on tile, ordered that ihiscau-e bu pi ced at the toot of O'tlendar of the present term for argument. Perry ef al vs Young, et al—Ar uurd by Biokuell for respondents and Smith lor appellauts and cause submitted. J. E. Griffin admitted to practice ou motion of A. Brunsou and li cense fioin Supreme Court of Illi nois. s,B66—Johnston vs Hellmau—Ar cucd by Brunsou irom appellant and Go I,rev for respondent aud judiir.ieut affirmed. 6,867 —De Cells vs Urunson—Ar gued by Ross and Smith for appel lant aud 1. i-1 in in und Graves for respondent and cause submit ted. s,Bßo—De Cells vs Mac Clay, et al — Argued by Bislinp lur appellant Poi ter uud further argument con tinued until to-morrow. Court adjourned until to-mm row at 10 o'clock A. M. Scribner't Mayaaina for Noveui ber contains a long illustrated arti cle entitled "A Night with Eli son," iv the ooursc of which it ia staled that Mr. Edison posiiively disbelieves the Newtonian theory of gravitation, and credits tho whole phenomenon to electrical at traction and repulsiou. Supreme Court Opinions. By the Court. Filed Oct. 28, 1878. McCoy ) vs. 16979. Bbiant J If the bonds in coutroversy would have been void in the hands of an innocent holder for value and would not have constituted a valid charge against the city of Ban Die go, "it must follow, as v conse "quenco, that by no legal possibil ity can tha plaintiff or the other "taxpayers" of the city be injured by the supposed illegal acts of the defendants. Linden vs. Case, 48 Cal„ 174. The first question, therefore, to be determined, is, whether the bonds would have been void iv the hands of a bona fide holder for value. 'The authority to issue the bonds, is ls>. veil exclusively from ordinances numbered 7 and 22 of the Trustees of the city, which were aub.equeutly ratlllod and validated by the act of the Legisla ture of February 24, 1874. (Stat utes 1873-4, p. 155. Ordinance No. 7 provide! Ihat the bunds are "to he issued at such limes and in suob manner as said Board of Trustees may direct;" and ordinance No. 22 iv tha fourtli section provides that tlie bonds are to be issued "to such person or per sons and at such time or times as saitl Board of Trustees may, by res olution, direct;" aud tiie 'fifth sec tion, after providing for the sign ing of the bonds, etc., then provides that the "clerk shall then deliver sairl bonds, thus signed aud sealed, to such parson or persons and at such time or times as said Bind may, by resolution, direct." The bonds in Controversy were issued and delivered to Bowers and were payable to bin) "or the lawful holder thereof;" and the Court Muds '•that no resolution of said Board of Trustees was ever passed author izing said bonds to be issued to said B wers or designating the denom ination of the same." "Ii is a general ami fundameiilal principle nf law tliar. all person* contracting Willi a municipal cor poral inn must, at their peril, in quire into the power ol Un- corpora lion or its officers lo make the con tract; ami a contract beyond the scope of the c npo ate power is void, although It be under Ihe seal of the corporation." (Dillon on Municipal Corporations, Sec 372 ) And where the mode ot contract ing "is specially and plainly prescribed and limited, that mode is exclusive and must be pursued, or tbe contract will not hind the corporation." Dillon on mun. oor|i. Seotlon 373 Iv Argenti vs Han Francisco, 10 Oal., 233, Mr. Justice Field siy-: "A municipal corporal inn can only act Iv Ihe Oases and ip Hie mode prescribed by its olisrter." in MoOracken vs Bau Fiaucisco, ]fl Cal , 620, the same learned Judge, in delivering the opinion uf tiie Court, sa\s the Common Council "were the mere agents of the corporation, aud pos sessed only such powers as were specially delegated to them by the charter, ami wheu that instrument granted a power with a specific designation as to tho mode in which II should be used, the mode was restrictive—no other mode could he followed " Iv Zoltmau vs. Sun Fianclscn, 20 Cal., 102, the Court says "the lule is geueral and applies to the corporate authorities of ail municipal bodies, wheu the mode iv which their power on any given subject can be exercised is prescribed by their charter, the mode must bo followed. The mode iv such cases constitutes I he meas ure of tbe power." The same prop osition was affirmed in Murphy vs. Napa County, 20 Oat., 6U2; French vs. Teach maker, Si Cal, 550; Herzo vs. San Francisco, 33 Cal., lii; People vs Tomllnsoo, 33 Cal., 5U7, and in later cases. In titis case, (ha onii naitees, as ratified by the uct of the legisla ture, prescribed definitely and pre cisely the mode unci the ouly mode in which the bonds could be issued end delivered, to wit, by a resolu tion of the Board of Trustees, di recting when and to whom the bonds were to bo issued and deliv ered. Nor can this requirement be regarded as merely directory, a vi olation of which would not impair tliu validity of tho houds. Ou the contrary, it was Intended us a pre caution nguluat an abuse of its power by the ISonril of Trustees and to prevent a fraudulent or unau thorized delivery bylheolerk to a person not entitled to receive the bonds. Uoder the terms of tlio or dinance, uo bond could be issued or delivered, exeaptupnu a resolution of the Board uppouriug upon its minutes or the record of its pro ceedings, thus furnishing a most important safeguard against fraud and an abuse of power. Every per son dealing iv the b.mds is bound at his peril to inquire whether they were issued in the mode prescribed; and as the mode is tho measur* ot tiie power, the bonds would be void in the hands of a holder for value without aotlial notice if issue! in any other mode. We are therefore uf .pinion that, the bonds la con troversy would be void in the hands of a bona fide holder, anil would not be a valid charge the city. It result* that the plaintiff at a tax-payer, 04U sutler uo ilaiu- If the bonds are put iv circula tion, aud has no cause of action. Judgment tttitl order ravened and 0 ttise remanded without noets. (Mr. Justice MvKinstry and Mr. Cliief Justice Walluou expressed no opinion. ) By the Court. Filed Oat, 2S, IS7B. Jackson, ) vs. \ No. 6,247. Ut Bar. ) The Unurt erred In sustulniuj: the defendants motion to strike out portions of the complaint. The matters stricken out constitu ted portions of the cause of action, and could have been reached only by special deinurrei. It U only Ir relevant or redundant mutim which muy be stricken from a pleading by virtue of the provisions nl » 453 0. 0. P. An uveriueiil of a fael 0"U -stitullng tile plaintiff's cause of action cannot be said lo be irrele vant or redundant to Itself. Judg ment reversed and Ciu.B remanded with directions lo overrule the mo tion to strike out portions of the complaint. CONCURRING OPINION. I conour ln the Judgment revers ing the judgment below on the ground that the juris I lotion of the District Court was determinable by reference to the ad damnum clauses of tlio oticinal complaint. I dissent from Ihe views express ed in the opinion Hud from the di rection Unit the motion to strike out he denied. The portions of tbe complaint stricken out were Irreln \antaud redundant because they added nothing to lb- legal . licit of the other averments. They were therefore, properly stricken out. A demurrer lies only to an entire count of a pleading, anil oaunot be resorted to a means of disposing of a portion of a distinct count, when the rest thereof contains a state ment of a cause of nc lon. McfCINSTIIY, J. Wallace, C. J., did not express an oplniou. By the Court. Filed Ol!. 23, 1873. Babe ) vs. [-No. 0,078. Coyne I When the record and proceedings iv the case of Patrick vs Horton, including the papers in the attach ment proceedings iv that case were offered in evideuce Ihe plaintiff objected on the ground, among others, tbat the affidavit on which the attachment was issued was in sufficient; and that the amended affidavit, filed by leave of the Court, was filed after the levy of the attachment, and after the com mencement of this action. The Court found, and for ihe purposes of this question, it must be taken to be true, tbat the goods, when attached were in tho possession of Horton, and were attached as his property. In proceedings lv the action of Patrick vs Horton, the Court denied the motion of Hurton to dissolve the attachment, and gave Patrick leave to die au amended affidavit for an attach ment, as of the date of tlie original affidavit. These orders and all! da vits were valid aa against Horton, unless set aside In direct proceed ings for that purpose. Tho prop erty in controversy, when seized, being in Hurton'* possession, the sheriff would make out a prima facie cass of justification of the seizure of tho property as tho property of Horton by the production of the writ of attachment, and the proceedings aud affidavit above mentioned, The sheriff was entitled to show such justification, irrespective of any questions respecting Ihe sale to the. plaintiffs lessor, as being, for any reason, fraudulent or Void Judgment ullirmud. By the Court. Filed Oct. 2S, 1573. Huston ) VS. !• No 5.073. Leach J The clause of the by which the defendant Wilson |« enjoined "Irom in any manner interiering " with the waters of said springs, so "as to prevent tbe aume or any "part thereof from flowing luto " Lylle Creek," only applies to de fined stream*, and does not restrain blm from availing himself of per colations, even though he might thereby diminish tne water which would otherwise Issue from i he ftprl tigs. Judgment and order affirmed. A Capital Idea. We ha''e been shown si list con taining about forty names of the most sociable geutlainau of the city, who propose to organize a social clul). We notice that it is composel solely of bachelors, and from the great interest they take in the matter it promises lo he a lasting Institution iv our city. These gentlemen will organize |,q. mediately, and will hold their first meeting to-night. They will en deavor to obtain suitable apart ments in the Baiter Block. Their membership is sure to Increase very fast, the present nucleus Insuring success from the beginning. A cmh is a necessity in our city ntnl We ere glad that one is being or ganized under tho leadership of the gentlemen who have tho move ment Iv baud. They Must Come Down. Is what thousands of ladies say in this city. They mii-i c ime down! Yes; come down on prices. Who Is to be credited with tho reduc tions that have occurred withiu tho last two months? Nobody else but the great IXL Auction Company, which is a great benefit, to tho poor and rich alike. Since they opened their store they have sold more dry goods, clothing, boots and shoes than all the other merchants to gether, llow is it that they did such an immense business? holh the public and the merchants ask. This is the great poi.it which ull stores tire after and cannot ex plain. It Is a very simple one, anil still nobody oan do tbe same, .lv t j see bOW the IXL has compelled ad the merchants lo sell their goods Cheaper than they ever did before, and still they cannot compete with the low figures of the IXL. This groat establishment has offered $5 000 reward in San Francisco and New York to auybody who could purchase the same lino of goods at the prices for which they tiro sell ing them. No ouo has yet claimed the reward nor ever will. If there are any ladies in this city, winch wednu it, who have not yet been to this marvellously cheap store, I hey hud better gu at once and con vlnee themselves of the truth of our statement. It Is located at No, 9 Commercial street, und even If they should not buy, they will be sure to receive polite attention ut the great IXb Auction stole. Properly Transfers. * in* j* loesoH, mi, i.st r a.« uihh'lns rasa •OßteToi esooans,oos* ?n t-;s. CU.N VBVANCUS. I II Leahy to John L Leahy—2 acres on .Seen id 8 rest, Tustin iMo ; t-6) David V Wahiron and lai.ieilne, his wne.to S H Molt, W H Per y and \v Woo iW'irtn —1.0 la, blk I. In * al.lron's sub.llv sion of lot 2, block 1, Hancock's amvey; t&iO. Lo■ Auifelss iby Homestead Assncl i boil to Paul 3, hi itng— Lot 1. alock It, of KUljdlvil on lots Q and 7, blk U,Hancock's survey: t mO It in-it Halnc. to Qeo W Maine*—in acres In .-\rttsia tr oi, itanono I.os U <yolel, end una half water liiiin two ane-oin wells, nifti* ol way.i-te; S 000. Win J Montgomery lo .win Mi ulgom ery—st J.; land ileeortsad in uee ■ tioiu J..0 X iioyie, book 16. page 81; $> A 11 Wise io \ ii Rowan—Agreomeat to convey six a"r''«, boUudoJ W uj suuta Ana gr in lor S43J. A 1 .l i- --ii ana A B r hamnan to I.os augeles county—Land lor ioad*ln Uan chniswiiltutode Santa Ana. Attention Ladies. Mrs. Panel has arrived fnim San Francisco with the latest fashions iv millinery aud fancy goods, which she intends to sell at the lowest prices. Call and see the stylish hats for $5, formerly sold for $10; French garments sold for from $8 to $10; school hats at 25 cents apiece; and all goods at tho same low rales. Ladies are invi.ed to call and examine our prices, at "Pioneer" Millinery Slore, No. 78 Main street. oct!B,lw BORN. KKTI.KII—In IhlscUy.O •'. tttu, to the wife ol Charles Keller, iwla bnys. NEW ADVERTISEMENTS. Immense Importations AND EXTRAORDINARY K,EJDTJOTIOIsrSI IN Dry Goods and Fancy Goods. DILLON & KENEALY Beg to inform their patrons ami the public t hat they are now r- eel <•!•>* "j the LAROEST and CHOICEST stock of DRY GOODS Hint FANCY j GOODS ever imported to Los Angeles. Our buyers iv New Yok ami Europe have purchased the LATEST and MOST STYLI-H goods I manufactured at uuprecedeutedly low prices. We are therefore eva- ,5 bled to ofter goods iv the following departments at Extraordinarily Reduced Prices: Black and Colored Silks, in all the new shades, Shawls, Dress Goods in every Style and Variety, ALL REDUCED! Hosiery, Embroideries, Fancy Goods, Ladies' and Gents' Furnishing Goods, Reduced! Flannels, Blankets, Quilts, Towels, Napkins, Waterproofs, Cassimeres, All Reduced! Prints, Muslins and Sheetings, Bleached and Unbleached, Reduced Below Manufacturers' Cost! A Special Line of Best Brands Ginghams and Yard-wide WHITE PIQUES. - ' A. MAGNIFICENT STOCK OF Ladies' Fall and Winter Cloaks. DILLON & KENEALY, .gHm / SPECIAL NOTICE. '] FOB THIRTY DAYS ONLY. Having to make room for my Winter Goods, I offer my present >3 Magnificent Stock of BOOTS dks .^HO^TIS| At Lower Prices Than Ever Sold Before. Those having in mind the saving of money, would do well to call at i once. I will give BARGAINS. I KEEP NO TRASH GOODS. All are of tho best manufacture. AT SLANEY'S, .00 MAIN STREET. LOS ANGELES. TOT.i&.Z*., WAR,WAR! IN THE DRY 600DS BUSINESS. 13. LAVBNTHAL OFFERS &75,000 WORTH OF GOODS > | TO BE SOLD AT Less Tlietn. Cost, To Retire from Business. Prices no object. Come and examine my stock, hurt's satisfy yourself. NO HUMBUG. Great reduction in prices at wholesale. E. LAVE X Til AL, HKLLMAN BLOCK, cor.Los Angeles & Commercial Sts. 06-ir 6i rVSJMOfjDS' fil>ol> Wliislcy Has been fonn-1 n remedy for INMQES- Tiu.N, Lll Hl'hi SI A and NsiK- It Is toy- r-Ign in lv eflleaov for Medicinal & Family Purposes. The yeutoM faculty ooucur la. the ladgeseiit toot it <■ A I KRI: (-TIMUI.ANT AND TONIC AND THE CONQUKHOK OK DYSl'lil'alA. Noosgenlllae unless labeled wltli the ilaualura nf tl. simmoMjs, fc<.le Pro prietor, ovor ihe cork. P3EUSS & SCHUMACHER, ->OLE AORNTT3 FOA LOS ANGELES CITY AND COUNTY, Who will mpply thu tm t* at the same price nnil term* lh..t IN* goo is fan !>• had from the pl\if>ri«.Oi, iv -Sun t-inn- C.KCO. h'JI-lltl \AM'iu U ; Kat-vwe t » PM* -!•! l„ T lv be mm '■ ' ■■<~. tu l I' -,b-i <i'l "iri tel-wie iMMII »i» \ if *M ,' ■ !_!; ■ H UW MHterfuJ "HIOMtiM fIYRdBCOPt." aa>l Ul atbff Af*fH-' f*s- Selbßa artttlea '■ Fo"«'.« Chart. *" ata. Orrmartipr* bmIM f»r ft WrM. Hmij.li Qhait, ".1 irta. *-«nd e*v.t*l card tW full r-rtWaiare. K. R.—l ba»e •rrwtgvarwtt ned* aad earn jm iptlt any artiste wasted hr annn ot wmunrn, mf Atnrdcea er KftLrn neke. CO. k&l AM. Seta kJau.Jt.ci. mi. It* - filar uV Ckeaaa, MERCHANT TAILOR. J. STRELITZ, Fashionble Merchant Tailor, No. 11 TRMPLE Block, f prlny urn, LoaAogeles. He has lln-I.A bUi «r, KINKST AND BERT STOCK I I' I.ML K INQ ESTABLISHMENT lo >..unn 111 Calt'ornia. Hla old cualon.tr- aim ha Subtle will find It tbe plao <> ,-.-i HKhi' TYLEB and WrriMS ohm liable NEWEST BEOADCLOi lis, BEAVERS, DOKisKINr?, DIAGONALS, FANCY CASSIMKKBie, VELVET & SILK VELVEriNO, Constantly on hand. Rf.'i i> :ouie prill' oipal j-enllemen of the city, toi wt.i.ni tie has made clothing. o*-.No necessity to send to San Krsn* Cisco foraood citina suits. de.-.to-tf , »> S. SPEEDY & CO., Pork Packers. 5G ALISO ST., Los Angeles. Raited Meats, Lard lv Tierces, Sniok.'.l Meats, l.ard In Cans, Pickled I'ork, Lard iv Cuddies, BACON AND HAMS. I Frrib Backbone*, Leaf Lard. • j F resb Spare-ribs. Tendeiluldt, I Hogs beads and fro 1 . Trimmings. ctTtt J