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RAILROAD LAND GRANT CASE.
i Vast Area to Ko Opened for Settlement. Decision of Judge Rosa Against, the Railway. m* Ho.ernmtnt'i Tltla Now Fnlly *.'« -tabllahad—7oo,ooo Aerea In. wlvwd —An Import ant Oaae. By an opinion tendered by Judge Roes in the United States oircuit court reeterday, 700,000 acrea of land, for merly claimed by the Southern Pacific Railway company, and lying along tbat line in tbia and Ventura counties, will bo thrown open to settlement. The suit involving this vast area wbb brought by the government against the railway company to establish tbe government's title to it. It was claimed by the rail way nnder congressional grants secured at various times by acta of congress. The opinion delivered by Judge Robs la as follows: This is a suit in equity brought by the United States, the chief object of which is tbe establishment of the alleged title of the government to about 700,000 acres of land situated in Lis Angeles and Vontura counties of this etate, des ignated, according to the public surveys of tbe United States, as odd numbered sections, and lying within the primary or 20 mile limit of the grant of July 27, 18(iti, made by congress to the Atlantic and Pacific Railroad company, and also within the primary limits of the subse quent grant of March 3, 1871, made by congress to the Southern Pacific Rail road company, and which lands Art claimed by the laßt named company and those holding under it by virtue of ita grant. For nearly 100,000 acres of these lands the United States subsequently issued its patents to the Southern Pa cific Railroad company, a large part of which land, so patented, that company conveyed, for a valuable consideration, to third persons, all ol which patents and some of which conveyances were executed prior to the institution of the suit. The Southern Pacific company also con tracted in writing witb various other persons to convey to tbem, severally, father portions of said patented lande, and still other of Baid lands embraced witfein the limits of its grant. These persons are also made parties defendant to the bill, the objects of which include the annulling of tbe said patents and the quieting of the complainant's al leged title to the whole of the lands em braced by the suit. The bill also makes parties defendant l>. 0, Mills, Garritt L. Lansing and Lloyd Teris, as trustees nf certain mortgages executed by the Southe'n Pacific Railroad company up on the lands oovered by its grant, to se cure the payment of certain bonds is sued by it. By the tirat taction of the act of July 27, 1860, (14 Stats., 202) congreßs incor porated tbe Atlantic & Pacific Railroad company, and authorized it to conetruct aud operate a railroad from a point near the town of Springfield, in the etate of Missouri, westward through Albu querque,and thence along the 36th paral lel of latitude, as near as may be found most suitable for a railroad route to tbe Colorado river at such point aa may be seleoted by such company for crossing; thence by the most practicable and eligi ble route to tbe Pacific ocean. To aid in the construction of the road, there was granted to the Atlantic & Pa cific company, by tbe 3rd section of tbe act, every alternate section of public land not mineral, designated by odd numbers, to the amount of 10 sectione ou each side of the road wherever it passes through a state, "and whenever on tbe line thereof the United Htatee bave full title not reserved, sold, grant ed, or otherwise appropriated, and free from pre-emption or other claims or rights at the time tbe line of eaid road is designated by a plat thereof filed in the office ot the commissioner of the general land office; and whenever," etc. Tbe 18th section of the act provided aa follows: "Tbat the Southern Pacifio railroad, a company incorporated under the laws of tbe state of California, is hereby author ized to connect with the eaid Atlantic and Pacific railroad formed under this act, at such point near the boundary line of the etate of California as tiiey shall deem most suitable for a railroad line to Han Francisco, and shall nave a uniform gange and rate of freight or fare with said road; and, in consideration thereof, to aid iv its construction, shall bave tbe same grants of land, subject to all the conditions and limitations herein provided, and shall be required to con struct its road under the like regulations bb to time and manner with the Atlantic and Pacific railroad herein provided for." On March 3, 1871, congress passed an net entitled "An act to incorporate the Texas Pacific Railroad company, and to aid in tbe construction of ita road, and for other purposes." (Iff Stats., 573.) I CUT THIS OUT % (NEW SERIES.) t COUPON NO. 1 I PART SO I GLIMPSES OF AMERICA 1 The Herald's Unequalled Gift to ♦ Ita Readers. ♦ S> \r OU CAN get •Clllmpaea of America" ♦ X ouly through Hie li kkald, bul upon ♦ 1 Me following remarkably Keneroui eun ♦ ditlous: Send or brlug to th.a office 3 ♦ eoupouH clipped frjm tbis paper, to- J gether with ten oentf, and wo will do w uver to you any number that tbe 01.u -* poua call for, oyer our counter, or have T the aame mailed to your address with- V nul further expense from Ptuladolph a. V Tluve coupons will be primed each cay, J numbered couaecutively from 1 to 3, X '1 lei coup iv rnunt bo complete—mere V must be none mv ;11; iv the ant of 3 J lo wiu tlx prize. Goupona Ito 3 secme a "art 18, and ai on until tho remainder i ot thia magniflloeni work of art la T tsau, dby the pub iilierj The ciniplere T uork comprla 'h 32 parts, nr DI ' p.gea, X iixiu'j luchw in tin, and will oe ur n hell abed with 000 superb photo-ea- X aMVingr, Tie pho ographs alone ln I Ihlt 101:1 irkable col talon, 11 they were on'ale ™v n noi bo purchased for lew X than $90J. Every American whoiove* X Ins ,i..m.rys"ould possess a co y. Slu a ,• 1 11 , witaont coupons, will be Hold X r .0 ent». Address X 1; (UPON DEPARTMENT HKSALD, i LOS ANQELIM. CAL. «> Cr leave at lu»lEe»a ...fiice, H23 West 4, .-; '•• nd street. X Z&F~ '''-.ita 1, 3. 4, r>, «, 7. 8, f>, 10, i 1. 1..13. 14. 15 10 and 17 are now i .1- '1* delivery ax ihe HxxaLD ollice. 2. any back number to No. 18 eau be ♦ avail d without eoupoul hy paying 2% 4> vis pisf co ; >y extrr. Persons able to » w-.-cy aiu rciular subscribers will 4, be H3«.4pt from tlilt extra paymonu By the 2'Ml section of that act it waa pro vided 03 follows: '"That for the purpose of connectin the Texan Pacific railroad with the cit of San Francisco, the Southern Pacili railroad cnmpanv of California is heieb authorized (subject lo the laws of Cali forma) to construct a line of railroai from a point at or near Tehachapi pas by way of Los Angeles to the Colorado river, with tha same rights, grantß and priviligeg aud subject to the same limi tations, restrictions und conditions as were granted to said Southern Pacific railroad oumpanv of California by th act of July 27, 186(1; provided, however that thie Bectiou shall in no way affcc or impair tbe rights, present and pre Bpectivn, of the Atlantic & Pacific Kail road company or any other railroat company." Ttiose giants were the subject of lul consideration in the cases entitled United States vs. Southern Pacific Kail road company et al, (Nos. 67, 68, 69, con lolidaMd;) Same vs. Coiton Marble ami L uio company et al, (No, 38,) ami United .-tates vs. Southern Pacific Kail ruad company et al, (Nos. 177, 172,) re ported in 45 Fed, Rep., 696, aud 46 Fed. Kep., 653. My yiewa in regard to them, while meeting with the approval of two of the justices of the supreme court— Justices Field and Gray—were by a majority of the court overruled. The cases in the supreme court will be found reported in 146 U. 8., 570 and 615. A careful examination of the op'nious of tbe majority of tbe court in tune case shows tbat it decided, among otbe tilings, tbat it was not tbe intent o congress tbat any of tbe lands embracet by tbe grant of July, 1866, to the At lantic and Pacific company should pa* conditionally to the Southern PAcitir company by the grant of March 3, 1871, but, on tbe con trary, tbat congress intended tha all lands embraced by the prior gran to the Atlantic& Pauilicuompany Bhoul< be definitely excepted from tho latte grant to the Southern Pacific company aud that the Atlantic & Pacific com pauv, having forfeited tbe lands grant ed to it by tbe act of July 27, 1886, by reaeon of its failure to comply with the conditions upon which the grant wa made, aud congress haviug, by the ac of July 6, 1886, declared tbe forfeiture the latter resulted in restoring the lands to tbe government. "The forfeit ure," said the court, "was not for tbe benefit of the Southern Pacific; it was not to enlarge the grant aa it stoot prior to tbe act ol forfeiture. It hac given to the Southern Pacific all ttiat i bad agreed id in its original grant; anc now, finding tbat the Atlantic & Pacific was guilty of a breach of a condition subsequent, it elected to enforce a for feiture for tbat breach, and a forfeiture for its uwn benefit." The court further observed : "If the act of forieiture had not been passed by congress, tbe Atlautic & Pacific could yet construct ita road, and that, con structing it, its title to these lands would become perfect." In those cases tbe defendant company contended tbat. no map of definite loca tion of ita line between tbe Colorado river and the Pacific ocean was ever tiled by tbe Atlantic & Pacifio company or approved by the secretary of the in terior. Tne supreme court said that contention was bated npon these facta : 'Tbe Atlantic & Pacifio company claim ed tbat, under ita charter, it waa author ized to build a road from tbe Colorado river to tbe Pacific ocean, and thence along tbe coast up to San Franciaco, and it tiled mapa thereof in four asctiona. San Buenaventura waa the point where the westward line first touched the Pa cific ocean. One of theae mapa was of that portion of the line extending from tbe western boundary of Los Angelea county, a point eaat of Ban Buenaven tura, and through tbat place to San Miguel miaeion, in the direction of San Franciaco. In other words, San Buena ventura was not the terminus of any line of definite location from the Colo rado river westward, whether shown by one or more maps, but only an interme diate point on one sectional map. When the four maps were filed, and in 1872, the land department, holding that tbe Atlantic and Pacific company waa au thorized to build not only from the Col orado river directly to the Pacific ocean, but also thence north to San Francisco, approved them aa establishing the line ot definite location. Subsequently, and wben Mr. Justice Lamar was secretary of the interior, the matter was re-exam ined, and it waa properly held that, un der the act of 18(1(5, tbe grant to the Atlantic and Pacifio was exhausted when its line reached the Pacific ocean. San Buenaventura wae, therefore, held to be the western terminus, and tbe location of the line approved to that point." And tbe court hehi tbat "Tbe fact that its line was located and maps filed thereof in sections is immaterial. St. Paul and Pacifio railroad va. Northern Pacific railroad, 139 IT. S., 1. Indeed, all the transcontinental roads, it ia believed, filed their mapa of route in sections. So the question ia whether the filing a map of definite location from the Colorado river through San Buenaventura to San Franciaco, under claim of right to construct a road tbe entire distance, is good aa a map of def inite location from the Colorado river to Ban Buenaventure, the latter point be ing the limit of the grant. We think, unquestionably, it is. In the present caao it is urged, en the part of the defendants, that iv the former cases the aupreme court deter mined the questions in relation to the location of the line of tbe Atlantic and Pacific company aa one of law; that there were no issues of fact in either of those cases in respect to the character of the maps there spoken of or of tbe ourveys upon which they were based, whereas, in the present case, the plead ings tender issues of fact in respect to all of those matters, upon wbich a large amount of evidence haa oeen introduced. And thie evidence, the defendants contend, estab lishes that the Atlantic and Pacific com pany never did definitely locate its line between the Colorado river and the Pa cific ocas.ii, and that the pretended mapa of definite location were but frnudulent pretenses and amounted at most to but a general designation of its contem plated route. In my opinion, tbe evi dence in the present case shows that to be true. It is unnecessary, however, to analyze it and ahow the reasons for this conclusion; bnt it is as well to state that it finds strong support iv the fact that if the mapa tiled by the Atlantic aid Pacific company in 1872, of ita route between the Colorado river and tho Pacific, ocean, were maps of tho dofinite location of ita road, it never did file any map or maps designating ita genernl route, for it is not protended that tho Atlantic and Pacifio company made more than one designation of the line in question. Yet the court in United States va. Southern Pacific Railroad compauy et al., 140 United States, 600, in speaking of thia > cry grant of July 27, 1860, as well as in th.o ease of Butiz vs. Northern Pacific Railroad company, 119 United States, 55, in spoalting of the similar grant to the Northern Pacific company, held that "congreta provided for two separate matters; one, the fixing of the general LOS ANGELES HERALD: TUESDAY MOBNING, .TUNE 26, 1894. route, and the other the designation of the line of doiinite location." Neverthe less, in view of the rulings of the su preme oourt in the former cases regard ing the grants in question, by which this court of course muit be con trolled, I do not ccc that it is essential to the government's case that this line of the Atlantic and Pacific com pany should have been definitely located ; for tbe surveys made opposite tbe lauds in controversy and maps thereof filed by it constitnted at least a designation of the general route of the road, upon which designation the law operated to withdraw ail lands within the limits of the grant 'or the benefit of the granteo. Butts vs. Northern Pacific railroad, 119 U. S., 55; St. Paul Railroad company vs. Northern Pacific Railroad company, 130 U. 8., 1. The fact that the Southern Pacific company had previously, to-wit, on the 3d day of April, 1871, filed in the office of the commissioner of the general land oflice a mapdesignating the general route of the line it was authorized to build, and did build, under and by vir tue of the act of March 3, 1871, and that thereafter, to-wit, on the 21st of April, 1872, an order was made by the commissioner of the general land office withdrawing all lands within the primary as well as the indemnity limits of that grant from sale, location, pre emption, or homostead entry, could not, under tbe rulings of the supreme court in the former cases, in any way affect the prior grant, which, up to tho time of its forfeiture on July 0, 188(3, remained effective aud paramount. While, up to the time of the withdrawal for the bene fit of the Southern Pacific company and for nearly one year thereafter, the At lantic & Pacific company bad not filed any map indicating ite line of road be tween the Colorado river and the Pacifio ocean, still, when it did so, in 1872, by maps showing, if not the definite loca tion of its line, at least its general route, (its right under its grant being, as de cided oy the supreme court, wholly un affected by the subsequent grant to tbe Southern Pacific company and con sequently by the proceedings had and taken thereunder) the law itself oper ated to withdraw all public lands with in the limits of the grant to the Atlan tic and Pacific company for the benefit of tbe grantee. (Cases supra). And the rigbts of tbe company continuing, as held by the supreme court, until the act ol forfeiture passed by congress July 6, 1886, and the forfeiture being for the benefit of the United States, the neces sary result is tbat when it occurred the lands were restored to the government and did not pass to the Southern Pacific company or to its grantees, who neces sarily took, with notice of the grants; for such grants are laws as well as con tracts. (97 U. 8., 491: 146 U. 8., 598). It results, I think, tbat there muat be a decree for tbe government, and it iB so ordered. Ross, Dietrict Judge. (Kndoreed): No. 184. U. 8. circuit court. 80. Diet, of California. The United States of America va. The South ern Pacific Railroad company et al. Opinion. Filed June 25, 1894. Wm. M. Van Dyke, Clerk. SCOTT'S TALESMAN. IT IS DRAMATIZED AND PLAYED BY THE MIDDLE CLASS Or the High School At the Kxerciaea at Aiuvlo Hall — A Large Crowd # Speeches and a Bong; by Blondel. Standing room waa at a premium in Mnsio hall yesterday afternoon at the entertainment given by tbe middle class of the high school in honor of the graduating claea. It ia on these occa sions that the pins of the Star and Cres cent Literary eociety are presented to the graduates by members of tbe mid dle class. In addition to this pleasant feature the programme included a dram atization of Scott's Talisman, in which the majority of the middle claBS took part. Tbe novel had been dramatized by some of tbe class members and the most stirring scenes were presented. The various mate characters wete cos tumed in thoroughly warlike manner, while the ladies presented a most regal appearance with their long velvet trains and elegant finery. The participants remembered their lines in fairly good style and what semblance of the tragic waa missing was more than compen sated for by the comedy in the perform ance, running as it did from the first to the list act. The following was the cast: Richard Coaur de Lion R. H. Ludlow Sir Kenne'.h W. Molntosb, jr Sir Thomas de Vaux Everett Seward balilhury P, Nolte B.r Heury de Neville Morris Newman Orand Mastjr of the Jugglers O. Spence King of France N. Vickery Hermit V. H Henderson Dwarf Jharles Wright Karl of Walleurode D. W. Packard Xl Hakim (Saladln) J. I . Blum Maiquls 01" Monserrat (ieorge Tweedy Archbishop of Tyre S. Norton llumdel, tne minstrel Fred lugstrum Marabout Wm.Woilsktli Wise insn ...E. Renfro Henry Woodstock Harry Spence Jester W. J. FoM Long Alien D. W. Packard Queen Berengario Miss Maud Gregory Lady Ediln Miss Pauline Com well Lady Call.te Misa Furrey L dy F,orlse Miss Rose Dwarf queen Ethel Williams Trie action of tbe piece was disturbed by Blondel, Richard's favorite minstrel, eang one of his beauteous ballads, which tbe audience went wild over. Previous to tbe drama Lowinsky's orchestra played The Oaliph of Bagdad, aud Harry Spence delivered the saluta tion. After the play, Mr. Walter R. Leeda addressed the graduates who came upon tbe stage. The presentation of pina followed. Misses Bertie Phelps and Mamie Young fastening the gold troph ies to the members of the senior class. Fred N. Shoemaker, president of the graduating class, responded on behalf of tbe seniors. This afternoon the seniors will hold their class day at Music hall and tomor row night the graduation exercises will be given at the Los Angelea theater. The Spanish class gives an entertainment at Music hall the next afternoon. "oru Ont In HHrnt»sa. In the harness of every day business work men and women wear oat prematurely. For Bo.ne of m it is not easy, for others again, it is is impossible to g> t out of harness. It is tho inflexible yoke, the strongly forged unbreak ab.e Shackle of imperative servitude Medial to ourselves and those most dear to us. The weight of it of en bows mauy ol us iuto the grave be fore our time, bnt it is undoubtedly true that there Is a moans of renlerlng the buriuen less onerous, and of initiating the ailments that unremitting toil—especially of a s -Solitary kind—baa a tendency to produce. Over worked clerks in counting bouaes, mill operatives,book keepers, typewriters and othera teallfy to thu reviving, restorative effects of Hottetter's Stomach Bitters, and its power of renewing puyt-icaf aud mental energy when overtasked and on the wane. Dyspepsia, failiug vigor, rheumatic, bowel and kidney complaints yle.d to this beneficent medicine, which is a preven tive of malaria and counteracts ths effects of exposure ln inclement weather. Patronize the Crystal, tbe only strictly home ice company in the city. Telephone 1351:. WANT THE LICENSE REPEALED. The Merchants' Association in the Council. They Make a Very BtPonf Protest on This Subject. Tin Saonnd-straet Oil Field Ordinance Comoa Dp for a Good u.ai of Dlsc-daston and la i.i.bl Over. The council met yesterday morning witb Presideut Teed in tbe cbair, and received a communication from the health office calling the attention of tbe council to the dltby condition ol San Fernando street, north of C illege ctree t, owing to the drainage of the Chav ez ravine. It was referred to tbe board of public works. The land committee reported adverse - |y to granting a five-year lease of reser voir site No. 7to G. Bacigalupi and tbe action ol the committee was sustained. The report of the board of public works, previously published, was submitted and the various recommendations adopted, A petition from property own ers on Main street protesting against the erection of an oil tank on Main etreet, between First and Second streets, was read, and the same referred to the chief of police with instructions to act if the law had bean violated. An ordinance waa passed providing for a sidewalk on Alvarado atreet. Mr. Innea—l wish to call attention to this matter of obstructing the streets with fencee in front of new buildings. The board of public works ordered alt of these fences back, and I now want the chief of police to tear these fences down. THE STREET OBSTRUCTIONS. Preaident Teed—ll the Btreet superin tendent has given permits unlawfully to obstruct tbe streets it ia hia duty to re move them, and not that of the chief of police. Ihe rules printed on the back of tbe atreet superintendent's permit give these people the right to use 20 feet of the Btreet. Thia is not in accord witb the law, bnt they acted in good faith and should be given an . opportunity to tear down these fencea. On motion of Mr. Innea the street superintendent was directed to have these obstructions removed. The bids for improving Figueroa street from Adams street to the city boundary line were opened and referred to the board of public works. A protest against changing tbe name of Alameda street was presented and re ferred to the board of publio works. A petition from residents in tbe vicinity of First and Uili streets pro testing against tbe firing of anvils and explosives at that point on July 4th was referred to tbe chief of police. A motion of Mr. Pessell requesting the Southern Pacific company to repair the streets between San Pedro Btreet and Central avenue occupied by the company was adopted. The report of the city engineer was presented, and ordinances of intention were passed to improve Lucas avenue from Orange to Seventh street; improve Belmont avenue from Bellevue avenue to King street. Tbe matter of the parties protesting against the ordinance requiring consent of a majority of property owners in the block for the development of oil wells, was taken up. Mr. M. E. Millett appeared before the council and claimed that the property and homes of residents in that section of the city, were damaged by the nuis ances created by these oil wells. Mr. D. F. Donegan stated that there were 30 wells in tbe dietrict with an outlay of $300 per day, and tbey were turning out oil as fuel equal to coal at $3.50 per ton. Lots had increased from $100 to $4000. Plenty of outside capital irom Chicago and other cities was com ing in rapidly, and it would be an in justice to pass an ordinance which would seriously cripple this rapidly growing industry. They are now turn ing out 200 barrels of oil a day, and within three months there will be 1000 men at work in that locality in the oil industry. AN OIL MAN'S PROTK3T. J. Doheny next appeared and stated tbat today tbere are 26 producing wells, and the total production now is 200 bar rels, and within a week it will be 300 barrels. Fully 30 new wells are in con templation, and the production now rep eents (125,000 a year, which will Boon be trebled. The cost of fuel ia being re duced here, and as this industry is de veloped it will attract lota of manufac turing concerns. Tbe ordinance which haß been presented here to cripple the oil industry in tbe Second street park district bears the earmarks of one of the gigantic corporations always heard of wherever oil is found. The development of it here materially interferes with the parties who are now getting fancy prices for coat and oil shipped here from other localities. The ordinance iB directly in the interest of the monopoly. There is more smoke developed at La Grande station or the Sen Fernando railroad yards every day than at the Second street oil field. There are hundreds of men employed at the oil field who wonld not have work today if the oil Hold were crippled. The city of Pittsburg is black with Bmoke from oil, and yet ber wealthy citizens never kick, because from the origin of that smoke is the source of wealth. Property haa doubled in value on Lake Shore aye. and in some caeca the increase haa been 300 per cent. The ordinance would give one man a monopoly in a block, and it ia a delib erate blow at the tin bucket brigade, It is not the smoke that is causing a kick, but it is the production of the oil in this community that ia exciting the opposition, A QUESTION OP CMMATB. Mr. Glassell stated that people bonght climate when they came to California and they did not want oil or smoke at tbeir doors and windows. He proposed to Keep the wells out of the block where hia property was located, and bis neigh bors would do likewise, and they would stamp out the nuisance. Mr. Innee—We ought to protect these property owners in their homes.. Mr. Campbell moved to refer tbe mat ter back to the tire commission, but it was decided to lay it over until the aft ernoon session for a further hearing. A recess was taken until 2 p. m. Afternoon Session. The council took up the appeal of Jas. M. Davies from the decision of Btreet Superintendent Watson in accepting the work on Belmont avenue, between Tem ple street and Bellovne avenue. VV. H. Davies stated that the work was defect ive in general essentials, tbe gravel in some places being ouly five inches thick instead of eight, and stone bad been u-ed which was too large; also, the side walk wae not as thick as required. David Mulrein corroborated tbe above testimony, and both gentleman were put under oath. Thomas Brooks testified that he con sidered the work was donees well as possible. Mrs. Brooks gave teatimony of a similar character. 0. K. Milner testified that he had been the inspector on tbe work and had found it up to specifications. He aaid that be was familiar with cement work, but had never done the actual labor. He had a good theoretical knowledge of the busi ness. "Do you think your knowledge by theory is as good as practical know ledge, or tbat you can learn as much by theory as practice?" asked Mr. Nickell. "Well, yes," replied Mr. Milner. "I consider that cement knowledge is her editary, and that 1 understand the busi ness, although I am not a chemist or a practical cement worker. I have been a drug clerk." Mr, O'Gara testified to tbe general good character of the work. Tbe matter waa then referred to the board of public works. The protest of Joseph Bartlett against the confirmation of the assessment war rant for the improvement of Carroll ave nue, on tbe ground tbat he had done $20 worth of work, wbich had been accepted by the street superintendent. On motion of Mr. Pessell the protest was denied, THE OIL ISSUE AGAIN. The oil well ordinance was then taken np and Assemblyman Bulla was heard on behalf of the property owners. He raised the question tbat if a well was sunk next to a man's bouse and the aame waa operated by a gaaoiine or oii engine it would jeopardize the insurance on tbe bouse. At the present time the amount of oil now being turned out was not of sufficient importance to justify the destruction of the houses of citi zens, who had a claim on the council to protect them in the interests of their vested rights. As the industry was now being developed it waa a great danger to tbe community from a tremendous con flagration in tbe city. The oil develop ment in that eection just afcer the peo ple on the hills bad secured water, would materially vitiate every insurance policy. Another point, there was no telling how Boon walls would be sunk on Adams or Figueroa Btreet, and for that reason every owner of a home waa in terested in the matter. E. E. Galbraith stated tbat he lived in the bill districts, and that no one would feel at liberty to buy property in that district for home purposes. It was death to any district in the city where an oil well was sunk and oil discovered. This was a city of homes, and the devel opment of oil wells here would bave a fatal influence in tbe east in deterring eastern people from coming out here and erecting homes while dozens of oil derricks are being erected. M. W. Turner stated that he was a new comer, and came to Los Angeles for business. He had found few manu facturing interests, and tbe reason for this fact was tbe lack of cheap fuel. If the people wanted a city of orange groves and flowers then it was right to kill the oil industry, but if they wanted a manufacturing city they roust develop cheap fuel in tne shape of the natural product, oil. There wae no gas in the oil, and for that reason there was no risk oi a great conflagration. Mr. Buiia--Would you rather Bee a city of orange trees and flowers, as we bave it now, or a city of oil wells and manufactures ? Mr. Turner —Give me a city of oil weils and manufactures every time, for it will have a future and not become a hermitage for invalids. Mr, Bailey—l bave bought a lot and lived in that district for nine years. The oil development is increasing the value of our property 100 per cent. Not only this, we are making an income from the royalties on the oil. We bave a chance to get. cheap fuel and for God's sake let ua get it. I'll take all the chances of the smoke and smell so we get oil on our laud. Tbe council has no right to take away from the people their right to develop the mineral wealth of their own land. Tbe matter was laid over until Friday with tbe understanding that the board of public works make a report. THB MERCHANTS* LICENSE TAX. A committee of the Merchants' asso ciation then appeared before the council to aßk for a repeal of tbe merchants' li cense tax. Mr. Emil Graff spoke first on the subject, and said tbat the asso ciation had taken steps to begin legal proceedings to free themselves from an onerous and illegal tax, but before going into the courts tbey wanted to confer with the council and endeavor to come to amicable arrangement. He eaid that the tax was unjust, unequal and unfair, and a discrimination against the mer chants. For this reason the tax should be abolished, and if this course was not taken tbe merchants would be compelled to resist its collection by legal process. Messrs. Jevne, sbeward and others spoke on the subject and, on motion, the matter was referred to the finance committee to prepare a license ordi nance. Mr. Jevne wanted to know if the committee would take the license off, and tbe chairman did not know. Mr. Sbeward said he bad paid the last license tax be would pay, and that be would go to jail before paying it again, as it was a tax on his energy. He thought that a saving might be made by cutting down ex peases. Mr. Munson thought that $40,000 could be cut out of tbe park appropria tion by simply maintaining them with out further extensions unless made by issuing bonds. Tbe matter was referred to the finance committee, with instructions to prepare an ordinance abolishing the license tax. An ordinance was passed for the grad ing of San Benito street, between Michi gan and Pennsylvania avenues. CITY ATTORNEY'S REPORT. The report of the city attorney was submitted an follows: As directed I have prepared and here with present the following ordinances: An ordinance granting a franchise to Marsh and othera for a telephone sys tem. Referred to the board of public works. An ordinance granting permission to improve alley in block 0 of Bonnie Brae tract by private contract. Adopted. Au ordinance granting permißsiou to improve portions of Twenty-third street. Adopted. An ordinance changing the names of certain streets. Adopted. In the matter of the petition of C. B. Miller, No. 451, a changa may be made in tbe curb ac petitioned, with the con sent of the contractor and all of tbe property owners. Filed. Adjourned. Undelivered telegrams at the Western Union telegraph office, corner Court and Main streets, June 25th, lor Mrs. Nellie M. Allen. Miss Edith Abb/, H. M. Conger. Wall paper, ao, ~',c per roll; J-ti S. Spring. MRS. EVALINE BRYSON'S SUIT. She Wants a Divorce From ex- Mayor John Bryson. Charges of Cruelty and Infidelity With Various Females. The Millionaire la Accused of Frlvo loaa Conduct After G3 Years of Harried Mfa—The t'o-Respondents. Mrs. Evaline Bryson, wife of ex-Mayor Bryson, the well known capitalist, begun divorce proceedings against him yesterday in the superior court, in what will prove a very sensational case if it ever comes to trial. It is considered problematical whether or not it wiil be tried, because the charges made by Mrs. Bryson are so salaciousjthat all the power of the old gentleman's wealth will be brought to bear to settle the matter out of oourt. It has been known for some time that a domestic storm has been brewing in the Bryson family. The escapades of the aged defendant bave been a matter of talk amongst men about town, and no doubt finally reached the ears of Mrs. Bryson. Tbe complaint was kept strictly con cealed from tbe prying gaze of news paper men, as is tbe rule in conformity to the law governing divorce proceed ln *l. . ....._....„„ .■.,,,1,1 , , n lb. about it. Yet the main points in the complaint were Boon ascertained. Mrs. Bryson charges cruelty for three years past, and adultery for the past year and a half, and in addition to a decree of divorce she seeks that she be given half of the community property, which would amount to a very large sum, as Mr. Bry son's estate is supposed to reach about f1,0U0,000 in value, and bas been ac quired since the marriage of the couple, 51 years ago. The charges of adultery are under stood to mention the names of two women as co-respondents. One of them is a Mrs. Oladius L. Lamberton, who re sides at the corner of Sixth and Olive streets, and the other a female doctor of medicine, who is said to be now in San Diego. Tbe allegations of adultery are specific, and the plaintiff claims to be in a posi tion to prove tbeir truth in a manner that will not admit of any doubt in the mind oi the court. Since the filing of the complaint it has been understood that Mrs. Bryson . has withdrawn from ttie city, and that efforts on tbe part of her husband to find her bave not met witb success. Mr. and Mrs. Bryson were married in Pennsylvania, over half a century ago, and he has been busily engaged in the accumulation of riches ever since. His business career in Lob Angeles has been a very successful one and he is identified largely with its banking and other enterprises. He ia tbe sole owner of the magnificent Bryson block at the corner of Second and Spring streets, and his possessions include other valuable prop erties, real and personal. The result of the union between Mr. and Mrc. Brvscn '.vas seven children who have grown up, and are now using every endeavor to compromise the differences between their parents. Tbe troubles between Mr. and Mrs. Bryson are not of recent date. There bave been disagreements for several years, which bave finally culminated in the complaint filed yesterday. THE SENTENCE REDUCED. Jitraca O'Kellj of HebrewTllle Sooru a Point. In tbe United states court yesterday tbe sentence of a fIOOO tine and six months' imprisonment imposed npon James O'Reily of Hebrewville, near Ra venna, was ordered Bet aside and a new sentence imposed. Judge Robs changed tbe sentence to 60 days' imprisonment and a fine of $200. Tbe point was made by O'Reily'a attorney, O. W. Eldridge. O'Reily was arrested for selling liquor witbout a special license. T POPS. Effervescent, too. Exhilarating, appetizing. Just the thing to build up the constitution. HirCS 9 Rootbeer Wholesome and strengthening, pure blood, free from boils or carbuncles. General good health —results from drinking HIRES' Rootbeer the year round. Package makes five gallons, 25c. Ask your druggist or grocer for it. Take 110 other. Send 2-cent stamp to the Charles E. Hires Co., 117 Arch St., Philadelphia, tor beauti ful picture cards. UNRIVALED MBS. NETTIK H ARKISON'R word-famed toilet articles. IN THE LEAD. LOLA MONTEZ CREME The SKIN FOOD and TISSUE UtUI.bEK preserves nnd ira u&3EM2ts32 /S?T proves the complex- WgasjfiSaigC \ lon - Prevents wrin- klea, withering, dry ,J ing, agiug of the *S_r HerFACE BLEACH _T removes freckles.tan, , m otupatches,callow- * uess, yellow skin. / r Her HAIR INVia * 1 "? ORATOR absolutely flri.,"fii prevents hnir tailing W»l uuti Smites it Que f, "jUltu. rOonV-iviv 0 and glossy, cures ail scalp humor. MRS. HaRRISON'3 FACE POWDiCIt is un equalled. Caunot injure tho mou delicate skin. Positively lmpercentible. A complete assortment for sale by MltH. I* A. BCIIROEUER, 415', 8. spring si., rooms 7 and H, Los Angelas. Hair dressing, manicuring aud facial treatments. ANSWERS TO COIUIESFONDENTB. VARA, E. W.: («.) Name a good lotion for the complex ion? (/'.) Give a cure for pimples and face eruptions. A us. — (a.) Do not endanger your complexion by any lotions. Most of ttioso upon 'he market do more harm than good. Consult some leading dermatologist who has made a study of skin diseases and it wilt be cheaper, better and safer. (A) Use atitiseplio soups. —AVw York Sum. John H. Woodbury. ISS West 42d Street. New York, is the leading Dermatologist of the world. Consultation free. Ho makes an autlseptio soap which beside* being an n c •■lli nt toilet soap has medicinal properties which will cure face eruptions. Send 100. for a sample cake, and get illustrated book upon skin diseases lree.— Editor. uran ■ surra. LOS aSOKLKS XUKaTIH. FRIDAY AND SATURDAY EVENINGS, SATURDAY MATINEE, JUNE 29 AND 30. ESTHER, The Beautiful Queen. Chorus of 100 Voices -Some of the Best Soloist* of Our tilts 1 , Frank W. Wallace, Mrs. F. L. Fuller, Mrs. J. B. Brown, Mr. Foshay, Mrs. Fred Dorn, Mr. Osgood And Others of Equal Ability. For the Benefit of the Young Men's Christian Association. Reserved Seats, 50c. Osneral Admission, 2So' FINK ART ROOMS), '.Mr. South Spring street Music Hall Block, N sxt to Los Angeles Theater Owing to the Big Patronage It Has Been De cided to Continue One Week linger. The Wonder of Art! The Genius of Poetry ! The Superbly Beautiful J ALL CONTAINED IN "AGlimßse -Harem" Relfaky's celebrated $00,000 painting. This admtrable pinture, wherever it bas been exhib ited, has excited universal admiration. On view daily and Sunday from 10 a.m. to tos p.m., and from (i to 10p.m. Admission2sa BURBANK THBATKR, Prid a. Coorsa, Manager IVKIK Commencing MONDAY. June 25 And SATURDAY MATIN IIE. Entirely New Proerarame and Last Week GHAS. A. GARDNER And His Own Company, in the Musical Comedy, FATHERLAND! Admission, 15c, 20c and 30c; box seats, 50j and 75c. Reserved aeitß on sals at box omce. Next week—"BOTTOM OK THB SEA." ADCTIONEERS. p-JAVINO LEASED THE STORE No. 206 S. Spring St., Just opposite the Hollenbeck Hotel, wo will bi prepared after July Ist to re ceive consignments of all kinds of merchandise, and b vmg the be*t loca tion iii city, wi'A cnstjli; Ttt to Bl&kfl good sales anu quick returns. HATLOGK & REED, AUCTIONEERS, 20U S. SPRING ST. A U CT lON AX RESIDENCE We are instructed by MR. E. W. BALD to dispose of the entire furniture of residence at No. 833 Union avenue on Thursday, Jane 2iSrb. at 10 a. m. Consisting ln paxtot haudsoint wicker rockers, oak rockers, oak centre tables, 2 handsome oak book cases, 1 oak writing desk, chair and. letter press, oak bedroom suits, cheiToufcrs, wardrobes, cabinet organ, refrigerator, elegant Bideboard and extension table, pictures, bric-a brac, child's carriage, kitchen furniture, L handsome ladles' saddle, 1 English campaign ing saddle, garden tools, etc Take Westlaka cable car to Union avenue. STEVENS & BROWN, Auctioneers. Office, 413 S. Rpriug street. «. *♦♦♦♦♦«•♦♦♦♦♦♦«*«•♦♦♦*♦♦♦♦♦ ♦ ♦ : FINE TAILORING, f J Perfect Kit. Best of Workman- X X ship at Moderate Prices, go to ♦ I JOE POHEIM! 1 THE TAILOR X % Rules for Measurement * ♦ Cloth Samples Sent Free. ♦ | 143 S. SPRING ST.. Bryson Blk. £ ♦♦♦♦♦♦♦♦ ♦♦♦♦♦♦♦♦ ♦♦♦♦♦♦♦»♦♦ DR. JORDAN & CO.'S fmm GREAT MUSEUM OF ANATOMY IMret 1051 Market St., San Francisco 0 gJB* 1 (Between Cth and 7th Sts.) lfrrclv a Go and learn how wonderfully yc-'l jj a. are made and how to avoid sickness VV HIK UIBeaHC - Museum enlarged with VJS thousands of new objects. Adiuis ** v eion 25 cts. Private Ofiicc—Jiamn Hulldtna; lO.il Market Street—Diseases of nun; stricture, loss of manhood, diseases of tho Bkill and kidneys quickly cured without the use ot mer cury. Treatment personally or by letter. Semi fur book. When visiting the mldwluter fair, bo sura and see Jordan's museum. ♦ ♦ ♦♦♦♦♦♦♦♦ ♦ ♦ ROBT. L. GARRETT & CO. ♦ X 380 N. Maluat., Los Angeles, £ ♦ mmi Bi&Bcreas a\d kmumeks, ♦ «> ftrtt olass equipment. Large aud well X + selected stock. Keasouable and fair <> 4* prices, Careful and skillful treatm.'U'. A 4} Special attention given to eiubilmiriK ♦ + and snipping undies do distant pans of + + 'he c.mniry, - 50"-Night calls ptom 4y 4> attended to. > 4, » T-I .|)hn.,« n». 7.-. * > ♦ I. X. MARTI N i Dealer in Ntw and y / Second-haud fu B[ n it xj i( ra , Carpets, Matting, Fold- T 7' • i hi Bed-, uffiee Do.kf tltttft and s-.. v . a. Prices ion 'JJlll \ | for cash or wil. »«ll on 1 -A- U II LLi iusiallments. Few Fur r^S"" K* ,l, " lre exchanged io **" w otd. 451 S. SPRING STREET LAND FOR SALE. BY THE LOT OR At'UK, in Co egiove. Ca huenga va'ley, a western suburb of 1.0 Ana-a les, on tbe L. A. A P R. .. No place like it lur a harae. Location beautiful. The no. iof soli, water, climate, j-cenery aud frost ess. 1.0 and see for yourself; a short drive out. or take Ihe Uabuenga dummy railroad, for furtuor infor mation apply to C COL ,232 N. Main, street. Los Angeles, or to SEWARD COLE at Cote. krove. 11-l»tl