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THE CONTEST. Assessor Fischer Kestrained by the Superior Court. THE CHANGE OF GOVERNMENT. Result of the Caucus of the Council- Elect—What It is Said to Mean. The telegraph yesterday morning bronght word that a writ had been issued by the Supreme Court restraining City Assessor Fischer from assessing the prop erty of J. Marion Brooks under the new Charter. This restraining order, which was received and served by the Sheriff yesterday afternoon, is as follows: In the Supreme Court of the State of Califor nia,!. Marion Brooks, petitioner, against John Eisch»r, City Assessor of the City of Los An geles, respondent. Prohibition—The people of the State of California to John Fischer, City Assessor of the city of Los Angeles, State of Cal ifornia, greeting: Whsrsas, It has been made manifest to our Supreme Court by the affidavit of J. Marion Brooks, the party beneficially interested, that in the matter of asseisiug property in the city of Los Angeles you, exercising judicial func tions have exceeded your jurisdiction, and that there is no special nor any other plain, speedy and adequate remedy; we therefore command yon to show cause before this court, in bank, at the city of Los Angeles, on Tuesday, April 2 1889 at2r. M.,why you should not be ab solutely restrained from further proceedings in said matter. The n Honorable W. H. Beady, Chief Justice of our Supreme Court, at the court room, in the city of San Francisco, this 19th day of March A. D. 1889. .„„., [Seal J. D. BPENCE, Clerk. By Ben M. Maddcx, Deputy Clerk. The petition on which the above was issued reads as fellows: In the Superior Court of the State of Califor nia, J. Marlon Brooks, petitioner, vs. City As sessor of the City of Los Angeles. J. Marion Brooks, being duiy swora, Bays: That he is a citizen of the State of California, and a resident and taxpayer of the City of Los Angeles in said State. Tnat the defendant was duly elected city As sessor of the City of Los Auaeles on the 3d day of December, 1888, and qualified as such and entered upon the duties of said office, and has ever since, and does now, perform the duties of said office. That on the 20th day of October, 1888. the qualified electors of said city ratified a chater lor the government of said city, framed as provided by Section 8, Article 11, of the Con stitution of'the State of California, and there alter, to-wlt, on the — day of , 1889, a resolution was Introduced in the Senate of thebtate of California, the Legislature being then in session, entitled "Senate Joint Resolu tion No. B," purporting to be a resolution ap proving the aforesaid enarter. That a majority of the members elected to the Senate and the •asjority of the members elected to the Assem bly, voted in favor of said resolution on the 23d day of January, 1889. i he said Charter was neverlsubmitted to the Legislature of the State of California for its ap proval or rejection as provided by section 8 of article 11 of the Constitution. That neither the said rt solution nor the said charter was ever read on three several days in each House, nor was either declared a case of urgency. Thai neither said resolution nor said Charter was ever presented to the Governor of the Sate of California for his approval or rejection, nor either of them signed or approved by said Gov ernor. That by the terms of said Charter and the Constitution of the State said Charter took effect on the 23d day of January, 1889. That among other thiugs it is provided by said Charter that the City Assessor shall assess all the taxable property within the Baid city to the persons by whom it was owned or claimed, or in whose possession or control it was at 12 o'clock meridian on the first Monday of March next preceding, and within Bucb time and in such manner as prescribed by said Charter. That the powers and duties of the City Assessor in relation to the assessment of property prescribed by the laws existing prior to the framing of the aforessid Charter were other than, and essentially different from, the powers and duties provided in the aforesaid Charter. That, notwithstanding that said charter has never been submitted to the Legislature for its approval or rejection, and never presented to and signed by the Governor, the Bald defend ant, as city Assessor, without and in excess of the duties and powers conferred by prior laws, threatens, and is now proceeding, to assess all taxable property in said city according to and by virtne of the provisions of said charter, and not otherwise, and particularly the property of your petitioner, notwithstanding his attention has been called to excess of jsrisdiction. That petitioner Is a person beneficially inter ested and has no plain, speedy or adequate rem edy in the ordinary course of law. That all the facts set forth above are within the knowledge of the petitioner. That this application is made to the Bupreme Coart for the reason that the questions involved are of great public concern, affecting the en tire revenue of the city of Los Angeles, and the duties and powers of all the officers of said city, and a determination by a lower court would not be a satisfactory and final adjudica tion of the matter. Wherefore, your petitioner prays for an alter native writ of prohibition commanding the de fendant to refrain from fuither proceeding In the matter specified herein until the further order of the Court, and to show cause before this Court at a time and place specified in the writ, why he should not be absolutely re strained frcm any further proceedings In said matter. WHAT IS SAID. As was to have been expected, the re straining order created considerable talk on the streets, and there was some doubt at first as to whether or not it would affect the change of city officers, which will probably take place to-day. It was thought at first that the present Council, which will meet at 9 o'clock this morn ing, might refuse to turn over its man agement of city affairs to the Council elect nntil a decision has been reached by the Supreme Court; but, later in the day, it was the general opinion that nothing of the kind would be attempted, since the writ was directed to no one but the Assessor. It was held that if the present Council decided to hold on, the affairs of the city will be in a very much mixed state before a decision is received. The matter will not be heard until April 2nd, and the Supreme Court may not render its decision ftr ninety days, City Attorney McFarlaud, who was met on tbe street, said that it was rather strange that the order should be directed to an officer who will not take his seat under the new Charter until January Ist, 1890. He evidently referred to section 196 of the new Charter, which reads, "Provided, that the City Assessor elected at a general municipal election, shall en ter upon the discharge of his duties on the first Monday in January after his election; and, provided, that the officers elected at the first general municipal election after the taking effect of this Charter, except tbe City Assessor, shall, after having qualified as herein provided, enter upon the discharge of the duties of the offices to which they have been respectively elected," etc. THE CAUCUS. Notwithstanding the issuance of the writ, the Council-elect made prepara tions yesterday to take their seats this morning. All of its members met yes terday afternoon at the California Bank rooms to fill the vacancy in the Police Commission created by the declination of General E. P. Johnson. This Com mission is considered the most impor tant of those created by the new Charter, and more than the ordinary amount of interest was taken in the result of the caucus, for upon the man chosen de pended tbe certainty as to who is to be Chief ot Police. It was supposed that K. J. Northam might be able to capture the fifth vote, it being stated that be had four, and by this means ob tain the appointment. It appears that Mr. Northam was not successful, for Major W. C. Furrey was the one chosen. Some time ago it was stated that Major Furrey was opposed to Frank Burns for THE LOS ANGELES DAILY HERALD: THUKSDAT MORMNG, MARCH 21. 1589 Chief of Police, bat it is new stated that his appointment makes the appointment of Mr. Burns certain, and it is under stood that it was partly on account of this fact that he was chosen. It is stated as a certainty that the vote for Mr. Burns for Chief will be Hazard, Furrey and Bilderiain, and that the other two mem bers of the Commiasion, Messrs. Lindley and Knox, will not vote on the question. Whether these things prove true, remains to be seen. It was rumored on the streets yesterday that the Commission would not be confirmed by the new Council when it takes its seat, but those who are supposed to know stated that the caucus was binding, and that there would be no break. The expiring Council will meet at 9 o'clock this morning and finish its busi ness, and the members of the Board of Education to-night will give way to their successors. Other city officers it is ex pected will turn over their offices at noon to-day. SAMUEL BURKE. HYNES. The Name of Mr. H. It. Wilkin•» MMMM« Since the announcement of the resigna tion of Mr. H. B. Wilkins, the general freight and passenger agent of the Cali fornia Central and California Southern roads, the railroad men here have been hard at work guessing as to who would get the vacant chair. One of the rumors was that Mr. Williamson Dunn would receive the honors, and a contemporary announced it as almost authentic yester day, but as stated in Tuesday's Herald, the new official comes from the East. His name, for some unexplained reason, has been withheld even from the rail road men, only about four or five of the chief employees in the Santa Fe office knowing it, while the other railroad men were kept out in the cold altogether. The Herald is, however, enabled to an nounce authoritatively this morn ing that the new official is Mr. Samuel Burke Hynes, at present the General Freight Agent for the Santa Fe, with headquarters in To peka, Kansas. Mr. Hynes is, compara tively speaking, a young man, having been born at Hanover, Ind., on June 13, 1842. He did not enter the railway ser vice until June, 1574, and from that time to December, 1876, was General South ern Agent for the Atchison, Topeka and Santa Fe, at St. Louis. He then became general agent at the same place, and was transferred to Chicago with the same title in December, 1880. In 1882 he be came General Freight and Passenger Agent of the Kansas City, Lawrence and Southern Kansas road, and in 1883 Gen eral Freight and Passenger Agent of the Southern Kansas road, with headquar ters at Lawrence, Ks. From there he was transferred to Topeka as General Freight Agent for the Atchison, that be ing the position he now holds. Although Mr. Wilkins' resignation takes effect on April Ist, it is probable that he will hold the reins of office a little longer than that date, as there is no certainty as to the exact date of Mr. Hayes' transfer. The new agent is spoken of well by all who know him, and has probably been transferred here at his own request, as he is in poor health. It is feared that his taking office will mean a good many changes in the estab lishment in the Phillips block, as at the time he was transferred from Lawrence to Topeka he took a good many of his subordinate officials with him. Expressions of regret are to be heard not only in the Santa Fe office, but in general business officea about Mr. Wil kins' retirement. Wherever his new office may be (for particulars regarding it are still withheld) he will take with him the best wishes of the legion of friends he has made in Southern California. ADDITIONAL POINTERS. Further information received at a late hour by the Herald, announce the fol lowing other important changes in the company: Mr. C. A. Parker will take Mr. Hyne's place as general freight agent; Traffic Manager W. F. White will remove his headquarters to Chicago; Mr. F. C. Gay will take the place made vacant by the resignation of Mr. Em mons Blame, and Mr. J. J. Byrne will become his assistant. THE SALT LAKE ROAD. Work Will Probably be Commenced Within Thirty Dayt. General W. H. Hart, the well-known legal luminiary of San Francisco, arrived in town yesterday for a visit, and has taken up quarters at the Westminister. Speaking about the Salt Lake Railroad, Mr. Hart, who is one of the legal ad visers of the Union Pacific, said that the delay in commencing operations is being caused by the non-compliance, so far, of the Utah Railroad to meet its agreement of share and share alike with the Marble syndicate in the matter of expenses in return for right of way, etc. Advices from Salt Lake indicate, how ever, that the pot is commencing to boil, for the Tribune, of that city in a recent issue contains the following: "J. K. Gil lespie believes from what he has heard through responsible parties, within the last day or two, that dirt will be flying on the Utah Southern extension inside of thirty days. John Sharp, Jr., of the Southern, says that coal shipments into Los Angeles could be made for eight dollars and up wards per ton, whereas inferior coal is now selling in Southern California for from $20 to $40 per ton, also that the profit from the sale of coal to outside parties and the saving to the Railroad Company would more than pay the in terest on the bonds. While Professor Jenney did not give the report of his findings in the case, those who have talked with him gather that his report to Engineer Bogue, of the Union Pacific, on the resources along the proposed line to Los Angeles, will be highly favsrable to the extension." Death of the Constable. Yesterday morning the last episode of the Garvanza tragedy took place, in the death of the constable, Anton Harnisch feger. He received the bullet from Sprague's pistol about 3 o'clock Sunday afternoon, and he lived about sixty hours. The wound was just one inch above his eye, and, from the first, death was inevitable. The Coroner held an inquest yesterday morning, and the jury brought in a verdict to the effect that death resulted from a gunshot wound in the head, inflicted with a revolver in the hands of B. F. Sprague. Testimony was given on the circumstances of the shoot ing by W. F. D. Jones, P. E. King and A. F. Wagner, all of whom were in the party that went to arrest Sprague. This Week All-Wool Suits 59.80. Tliey may say they can, but they can't beat us on prices, and be sure to call on E. Adams, the Ctothter, 15 8 Spring st. No Surf or Stlnsrarees In the placid waters of the Bay at Gatalina. „^ bj . ■ noulQ ' the spirit of man be content? Why, for various reasons; in the first place, he can buy a Grand Republic Clgarro for 5 cents, four Buffos for 10 cents. Harmony cures neuralgia. 143 E. First it. I LETTERS FROM THE PEOPLE I The tenor of communications appearing in this column is not necessarily endorsed by the editors of the Herald. The writer who desires to be heard in it should always accompany his screed with his full name, not necessarily for publication but as a guarantee of good faith. | Reservoir No. 4—What the Attorney Thinks of the Title to These Lauds. Editors Herald: I extract from your issue of Tuesday, the 19th instant, the following remarks upon the proceed ing of the Council of the previous day: "The Council also sat down heavily and properly on a project by which several well intending citizens of Los Angeles propo.=ed to get a deed from the city to some 93 acres of land, worth a round million dollars according to that excellent authority on city real estate v lues, Councilman Ben. Cohn. The city claims to own all the land involved, on which is located Reservoir No. 4, and it was invited to accept a deed to 37 acres and give a deed to 93 to Messrs. Tom Keefe and others." In your issue of to-day you correct the above by substituting the name of Mr. Kelly for that of Keefe. BeiDg the attorney of the gentlemen referred to, and feeling sure that you would not intentionally do injustice, either to them or to myself, I beg leave to submit to you and to the public through your columns, a brief explana tion of the transaction; from which it will appear that you have been misled as to the nature of the transaction. The water in reservoir No. 4, when raised to the highest level which the present dam admits of, covers a tract of, I think, something less than twenty acres; but it was originally designed to raise the dam ten feet higher, and when this is done it will cover about nin.-ty three acres of land. The city does not claim, and never has claimed, to own these ninety-three acres of land, or any part of it. Whatever rights it has there in were acquired some years ago by pur chase from the Canal and Reservoir Company; and that company, many years before, had conveyed all of the lands included within the said ninety three acres to various parties, reserving merely the right to overflow them with the waters of the reservoir. At the time of the purchase by the city, the title of the Reservoir Company to these ninety three acres of land was examined by Mr. Henry T. Lee, a prominent lawyer of this city, who had been employed by the Council for that purpose; and he re ported that at that time the Canal and Reservoir Company had no right what ever in any of the lands, except merely the right of overflow; and it was perfectly well understood by the Council that all that they purchased was merely such right of overflow. The abstract was filed with the petition of Messrs. Kelly & Co., and was examined by the present City Attorney, who made the same re port; and, indeed, the matter is so plain that any one, whether a lawyer or not, that will take the trouble to look at the deeds, will find that there can be no doubt whatever about the facts as I state them. Of the ninety-three acres of land re ferred to, the portions covered by lots 5 and 6, block 41, and lots 3 and 6 of block 40, were purchrsed, many years before the title of the city accrued, from the Canal and Reservoir Company, by the predecessors in title of Messrs. Kelly & Co., and the title is now unquestionably vested in them, subject only to the right of overflow. As the matter now stands the right of the city consists simply in the privilege of raising its dam so as to flood the lands in question, but it has no right to excavate, or even put a pick into any of said landß. The proposition of Messrs. Kelly & Co. was to convey to the city in fee simple all of the land lying South of Park street and west of Montana avenue, and block 5, and thus to vest in it the ab solute title, on condition that the Coun cil would quitclaim to them its right of overflowing the lands to the north and east of the streets referred to. The lat ter right is of no value, as the water that could be stored in that part of the reservoir would be so shallow as to amount to very little, and the result would be that these lands would be alternately overflowed and left uncov ered, and would thus serve only to breed fevers and disease. On the other hand, the city would acquire the absolute title to the land lying south and west of the two streets referred to, and would be able, either to improve it by excavating the shallow parts, or, in case of the abandonment of the reservoir, would be able to devote it to such purposes as it thought proper. Supposing that the same arrangement should be made with the parties owning the land under the "Western part of the reservoir, the result would be that, instead of a right to over flow the 93 acres, the city would obtain the absolute ownership of 37. There can be no doubt that this would be an extremely good bargain for the city; and, no business man, standing in the position of the city, would hesitate a moment to make the trade. The trouble is, however, that the right of overflowing lands which it never has overflowed, and which, under no cir cumstances, will it ever be desirable to oveiflow, casta a cloud upon the title of Messrs. Kelly & Co., and prevents them from in any way utilizing the land. For the city to refuse to make a trade so ad vantageous would therefore simply be to repeat the role of the dog in the manger; and, while such a policy will be injurious to the gentlemen referred to, it will be equally injurious to the interests of the city. I was present at the meeting of the Council in question, and I was aston ished at the assertions which Mr. Cohn permitted himself to make, and which seem to have a very considerable influ ence upon certain other members of the Council. Those assertions were (first), specifically, that the city was asked to deed away, for nothing, ninety-three acres of land, worth $1,000,000; and (second), generally, that it was a thiev ing transaction. Ab the whole area of the reservoir is only ninety-three acres, and the city by the transaction would obtain the absolute title to thirty-seven, it is very obvious that the first assertion, at least, is un-i true. With regard to the second, in view of the fact that the trade was unanimously recommended by gentlemen of the char acter and position of those constituting the committee to which it was referred, and based upon the reports of the pres ent City Attorney, and of eminent coun sel previously employed, it can only be regarded as unjustifiable and slanderous; and I venture, also, to say that there is nothing in the character of the gentle men who presented the petition, or of their attorney, to justify any such suspi cion. We have simply made to the city an honest proposition, which it is for it to accept or reject, and we think, also, it was one eminently advantageous to the city. Respectfully, your obedient ser vant, George H. Smith. The Vienna Bakery Makes a specialty of ice-cream, wedding cakes and serving suppers for balls, parties, etc. The largest, neatest and cheapest dining-rooms on the coast. Open sll night. J g . I REDONDO BEACH. We respectfully invite the attention of the public to the following facts relative to this property : It is the nearest port to Los Angeles, where freight and passenger vessels of largest size can transfer direct to rail way cars. It will be connected with Los Angeles and the general system by TWO LINKS OF RAILWAY. On one of these a 6rst-class service will be provided, and HOURLY TEAINS Will be run during the daytime, thus making REDONDO the SEASIDE SUBURB OF LOS ANGELES. It will also have the Finest Hotel Between Coronado and Monterey, to be erected immediately ; has the finest beach for bathing and the best fishing on the Coast; is abundantly supplied with PURE, SOFT WATER, And has the richest soil of any seaside resort in the country. It will have elegant and commodious buildings for the permanent use of the CHATAUQUA ASSEMBLY, And has a greater variety of attractions for the tourist and health-seeker than can elsewhere be found on the shores of the Pacific. This property has been subdivided into lots, suitably arranged both for homes and business purposes, and the Com pany propose to spare no expense in making Redondo the Most Popular Resort in California. For particulars as to property and terms of sale, inquire of REDONDO BEACH COMPANY, Court and Main Streets, Los Angeles, Cal. INGLE WOOD The Centinela-Inglewood Land Company offer for sale choice residence lots in one of the most beautiful orange groves in California. Is located midway between Los Angeles and the sea and has a perfect climate, the result of protection from high winds and sudden changes in tempera ture. The town is provided with a magnificent water system derived from Flowing Artesian Wells. One of the railway lines of the Santa Fe system runs through thia place, and affords easy access to Los Angeles or the seaside. Eucalyptus Avenue The Company also have for sale land adjacent to the town, in tracts of from One Acre to One Section. The soil is a rich, sandy loam, and for the growth of the orange, lemon, and all the deciduous fruits, as well as for vegetables, flowers, or nursery stock CANNOT BE EXCELLED IN THE STATE. Considering the uniformity in the character of the soil, its great productiveness, and the comparatively trifling cost of cultivation, these lands are offered at a bargain. Terms of Sale—One-fourth cash; balance in one, two and three years at a low rate of interest. i ADDRESS— Centinela-Inglewood Land Company, COTJBT AND MAIN STREETS, : LOS ANSELEB, CAL. , WOOD AND MJfIBER YARDS. LUMBER DEALERS, SAN PEDRO ST., NEAR SEVENTH. Are selling lumber at the following prices, >wing to the removal of the San Pedro-Street iailroad: Hough Oregon Pine, 820 in., ni. Redwood, M2«* HI., o. 1 Humboldt MitnsUs, D2.H5 M. Surf Lumber at accordingly low prices. ma-lm P. Q. Box. 1,235. Telephone, 178. MEW HOUSE. Wagon Material, Hardwood, Iron, Steel, Blacksmiths' Coal and Tools, Cabinet Woods, eto. JOHN WIGMORE & 00. 13 and 15 South Low Angeles Street. ml tf 80HALLEKT-GANAHL i i nsti.it coiaPANV. MAIN OFFICE AND YARD — Corner First and Alameda Street!, LOS ANGELKB, GAL. BBANCH YARDS — East Los Angeles Lumber Yard, cor. Hoff and Water streets. Washington-street Lumber Yard, cor. Washing ton street and lirand avenue. Qarvauia Lumber Yard. Garvauza. j 28tf .'. A. Hemderson President, J. K. Smdbb Vice-Pros, and Treat, W.M.E. Marshall Secretary, SOUTHERfTeTLIFORNIA LUMBER COMPANY. LUMBER AND BUILDING MATERIAL, Office and yard, 180 East First St., Lot Angeles ].19-tf J. M. Urifflth, President. H. G. Btevenson, Vice-Pres. Rnd Treat. T. E. Nichols, Secy. E. L. Chandler, Sapt. 0. GRIFFITH COMPANY, LUMBER DEALERS. And Manufacturers of Doors. Windows, Rllnda, Stairs, Mill work of every description. 539 N. Alameda St., L.es Angeles. ml-tf UUH si no i. K-i i ZWKR Mill and Lumber Company, Wholesale and Betall Dealers in 1, TJ M B El ]R! Yards at ban Pedro (Wharf), Los Angeles (Main office), Pomona, Pasadena, Paenta, La manda, -Monrovia, Asosa, Glendora. Loido burg, Burbank. Planing Mills at Los Angeles, Pomona, Mon rovia. n25-tf Western Lumber Co. YARD: Cor. Ninth and San Peuro Streets. IjUaiBKR of all class can be had at this yard, me-tf B. D. ROZHLL. A. ROIBLL. ROZELL BROS., —DEALERS IK— Lumber and Buildinjr Material. Yard corner Main and Jefferson Sts., Telephone No. 745. Los Angeles, Gal, i 15tf PERRY, MOTT & CO'S~ Lumber Yards AND PLANING MILLS, N0.76 Commercial Street ml-tf "C I OTT T I /v treated witnoat rlo 1 U L.A ' n « ™of the knife or deten tion from business, also all other diseases of the rectum. Cure guaranteed. C. EDIiAR VII I 11, m. D., graduate Cleveland Homoeopathic Hospital College 1874. Assistant in '76 and '77 to N. Schneider. Dean and Professor of Surgery in Cleveland College; also Surgeon of L. 8. <Si M. S. K. R. Removed to corner Main and Seventh streets, Robart's block, Los Angeles, Cal. References given. Consultation free. Send for pamphlet. Office hours, 9 a. m. to 4 r. Trie m. Sundays and holidays t**l I . M excepted. nilStf * ' JOE POHEIM THE TAILOR, Makes the Best Fitting Clothes in tha State at 25 per cent less than any other Tailor on the Pacific Coest. Suits made TO FRO & ER $25-°? Pants made t Vrom R 6^? 203 Montgomery Street. 724 Market and 111; 1 & lU2 Market St SAN FMiiCISCO. 105, 107 and 109 Santa Clara Street, SAM JOSE. 49 and 51 South Soring Street, and 268 North Main Street, LOS ANGELES. 10JH & 1023 Fourth Street. SAN »lE(}o._ NAUD'S WAREHOUSE, R. G. Wrtbi, Proprietor. GKA I N, WOOIj —and— Lieneral Merchandise Warehouse. Advances made on wool. Stobagb, Commission and Inscranoe. Agents for all kinds of AgTlcnltsrsJ Imple nents. Wholesale and retail deal»r» iv Im >orted and Domestic Wines, Brandies and Whiskies. 634 to 66K Alameda street. m!2-tf Old Gold and Silver Bought —AND— lewelry Manufactured to Order Oil REPAIRED, BY JULES WOLTER, 1% Commercial St. (Upstairs). leerschaum Pipes and Cigar Holders neatly repaired and monntc-d. ml 6 lm 8. A. WlM^ main st., ~JEnj&usa£ —FACTORY AGENT FOR — Babyßug-gies.etc. O. B. FULLER & CO., (Successors to McLaln & Lehman.) Moneer Truck and Transfer Co, No. 3 Market St., Los Angeles, Cal. afe and Piano Moving. All kinds of TrnckWork Tklbphonr 137. ml tf JAKER IRON WORKS. >42-561 Buena Vista St.. Los Angeles. .djoining Southern Pacific Ground _■■ 122.