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The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, December 05, 1894, Image 3

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn85042461/1894-12-05/ed-1/seq-3/

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The Lexow Committee After
Couusel Goff Makes the Culprits
Witnesses Compelled to Answer Many
Embarrassing Questions— A
Ureen Goods Healer
By the associated Prets.
Nkw York, Dao. 4 —The first witness
celled before tbe Lexow committee to
ds* was Charles E. Dameeox, book
keeper (or the French Cooks' society,
lie did not, however, have some of bis
books, whiob Mr. Goff thought neces
sary, and his examination wae adjourned
nutil this afternoon.
Edward H. Hoyler, a real estate deal
er, was then called to the stand.
"How long have you been out of the
Oswego bond-swindling business?" hs
wss asked.
"I was never in it."
Tbe witness stated tbat he had been
engaged in selling and baying Austrian
bonds for 10 years. Mr. Goff put a num
ber of questions designed to show that
tbe witness bad been permitted by the
police to conduct a swindling business.
He was dismissed with instructions to
produce tbe books used in his transac
Mr. Andrews, commissioner of street
cleaning, was sworn and entered a gen
eta! denial of the charge of bribery
while an excise commissioner, trougbt
by a witness named Tomlinson.
August Lewis was called to tbe stand
and contradicted statements as to tbe
granting of tbe sale ol licenses. Then
Andrews was recalled and stated that
he was not positive about tbe man, but
tbat a man claiming to be Lswls, bad
appeared before the board and that the
license had been granted him. Mr.
Goff preseed Andrews for an explana
tion of why a license should have been
refused oue person and granted to an
other, known to be the representative of
the Bret, to conducts saloon npon the
same premises. There were several ani
mated passages between counsel and
witness. Andrews' evidence was not
occluded when tbe comuaittee took a
Afier recess Mr. Golf excused all wit
nesses except those connected with
Commistioner Andrews' case until to
Mr. Andrews resumed tbe stand. Mr.
Guff wonted to know if there had been
a hearing before tbe whole board on tbe
application of Lambert. The witness
could not remember. Lambert's appli
cation had been refused. Witness said
tl-.ere bad been a bearing in the Lewis
case, but Mr. Goff eaid he could find no
record of it aud called a witness to show
that he bad all tbe records in tbe case.
"You eaid you always wrote opinions
for reiusiog licenses. Why was none
written for refusing the notorious Tor
looi aud a long account written of this
esse?" asked Nr. Goff.
Mr. Andrews evaded tbe question.
"You granted tbe licenses on tbe
Koyal hotel on Fortv-aecond atreet and
Griffith's hotel. .Sixth avenue and Forty
fonrth etreets?"
''Yes; no protests were made againat
"Yon always beard of the Royal hotel
tbat it was a nice family hotel, did you
"Yes, sir; I knew respectable people
wbo lived there."
"Then you regarded the Hotel Royal
in the same way you did the Tortoni?"
"No; I can't aay I did."
"And yon thought tbe Bt. Omar hotel,
on Sixth avenue, was a nice, clean, fam
ily hotel?"
"I think I beard something, some
rumor, I think, concerning tbe St. Omer
hotel; but wben the application was
made there waa no objection and no
protest was made to the application, and
so it was granted."
In tbe memorandum made by tbe
witness at the time, aa he said that ex-
Police Justice White personally vouched
for Lewis. Kx-Police Juatice White was
then put on tbe stand.
"Did you ever see that man August
Lewis, before?" aaked Mi. Qoff, while
Lewis stood beside hia.
"I never did."
"Did you ever go with him to the ex
cise board to vonoh for him?"
"No sir, I never did."
White wai then let go. Hs looked
Mr. Andrews took his placs on the
stand. He reiterated his conviction
that White had vouched for Lewis,'
whioh White again denied.
Mr. Goff read a letter of Jane 27, 1885,
written by Andrews to Joseph S. Miller,
commissioner ol internal revenue, in
which he endorsed Tomlinson in the
highest possible terms, saying ha was
worthy of any confidence, and a man of
Unquestionable integrity. He had
known him for 18 yeara. Mr. Goff then
tried to get the witnesa to explain why
he had oome to think Tomlinson un
worthy of confidence, thus leading up
to the spite which caused bis testimony
against Andrews. The witness could
give none. There bad been no change
in his regard for Tomlinson np to 1889.
Tomlinson rsmained with the excise
board after the withdrawal of it. Tom
linson bad been a connty Democrat, but
changed to Tammany Hall in 1888. Mr.
Goff asked him if be had not accepted a
bribe of $500 for the Tortoni license.
Witness denied it.
Inspectors Collins and Haggerty were
compelled to resign from tbe excise de
partment on account of theft and the
sale of an old license In order tbat tha
purchaser might sscure a new one.
"How did the men obtain those
things?" asked Mr, Goff.
"I don't know."
"Tbey stole tbem, did tbsy not?"
"I presume tbey did."
"And yet, after this breach of rules of
the commission, tbev were only asked
to resign," said Mr. Goff, sarcastically.
"And the matter waa kept hushed up
as much as poaaible?''
"I believe it waa."
Mr. Goff then turned his attention to
Advocation Clerk Bisland, who secured
lv* po ?, ltion on the exeme board through
the influence of Andrews.
Ihe latter admitted Bisland sent $500
a year to his (Andrews') wife in Calilor
nta He also admittsd brewer John
Km.pen dad discounted one of his
note- N i one else had done so. He
kept .i account with ibe Lincoln Na
tional tin,.*. He bad once sworn In
supplementary proceedings that he
oaoed real estate. He frequently de
posited checks at the Lmooln bank to
the order of Mr. K e j M , » c \«rk in the
excise detfartuieut. This was to avoid
judgment tor creditors of the defunct
ritar, of which ue har i bt , eil , stock .
''older. Xhuee aggregated $0000. Com
missioner Andrews testified he bad re
cently deposited $1000 at tho Lincoln
bank, winch be bad borrowed from Ssu
ator George Plunkett. Mr. Goff mani
fested some surprise.
"Now, as a matter of fact, was not
tbat $1000 another bribe?" he asked.
"No, sir; it was a loan."
"Was it not a loan in consideration
for contracts Plunkett got from your de
"Has he any contraots with your de
partment at all?"
"Only the soow contract in tha lower
"And was this $1000 ever paid baok to
"How was tbat done?"
"I borrowed $1000 from Thomas J.
Dunn to pay it."
• "Well, why did you borrow the
money from Dunn?"
This brought out the fact tbat Com
miaaioner Andrews sscured his preaent
eituation through Charles W. Dayton,
from whom be borrowed several toon
sand dollars several years ago.
Postmaster Dayton told tbe witnesa
that he needed the money and the com
missioner borrowed money from Dunn
with which to pay Dayton.
"You were in jail aeveral years ago,
were' yon not?" Mr. Andrews was
"For three weeks, yes."
"For refusing to turn over certain
money in your hands to the proper auth
"No, sir; for contempt of court."
"And in order to get out of jail yon
promised you would go back to your
profession of dialect actor and earn
enough money to pay tbe judgment
rendered against you 7"
"That was 20 years ago and I hardly
remember all the details of the case.".
"And was this judgment ever paid?"
"Every cent of it."
"And do you mean to say that you do
not know that you are a defaulting re
ceiver now?"
"I am not."
The bearing was adjourned until to
Mr. Goff said to the witness: "If we
need to again, Mr. Commisaioner, we
will send for you."
Aasistant Attorney Francis L. Well
man was today summoned to appear
before the Lexow committee as a wit
Miebael Ryan, the green goods wit
ness before the Lexow oommittee, was
today indicted by the grand jury for
Colonel Fellows' Trial.
Nkw York, Deo. 4.—The hearing of
the charges agaiußt District Attorney
Fellows was continued today. Lawyer
Phillippa abowed that Charles Jahne,
brother of the boodling alderman, had
gone on the bonda of 13 persons for sums
iggregating almost $40,000. Mr. Phis
lips took up a number of cases in whioh
indictments bad been found, but In none
of which the defendanti had been
brought to trial. He included the cases
uf Allen, tbe pool room keeper, and Jobu
D. Eno, the Fifth avenue bank embez
Bhki.no tbb slums,
John Barns Imbibing; Impressions of
t.ir In Mew Yorke.
New Yore. Dec. 4. —John Burns, M.
P., with bis colleagues, continued bis
tour of tbe city today. Among tne com
ments he made were:
"On tba way to Central park one
thing tbat forcibly struck me was the
great number of churches there are in
what I gathered to be the richest part ol
New York.
"Vanderbilt'e manaion I could not
help being struck with. Why in a dis
trict where tbere are so many churches
Mr. Vanderbilt should have an iron
and brick wall around his house, I
don't know. Perhaps Mr. Vanderbilt
Mr. Burns, with Mr. Holmes, Presi
dent Gompers aad of other delegates to
the convention of the American Fed
eration Trades and Labor unions, will
leave for Denver tomorrow evening by
the Niokle Plate.
Tha Saltan Willing to Submit to For
eign Investigation.
London, Dee. 4.—Tho Times today
says it believes Earl Kimberly, secretary
of state for foreign affairs, made an en
ergetio representation to the porte tbat
the letter's order to tba Turkish com
mit tion to make a searobing inquiry
Into the Armenian massacre, was not
enough, ac the report of a purely Turk
ish eommiasion would not inspire any
publio confidence. Tbe Times adds tbat
the sultan is reported to be ready to ad
mit an independent element to form
part ol the commission,
It Commenesd to Rain Shortly After
Boon after midnight the rain com
menced to fall, and up to the hoar ol
going to press it continued to descend,
not in torrents it is true, bnt steadily
and in sufficient quantity to give reason
lor hoping that the amount will prove
to be sufficient aa a starter.
This good beginning will relievo Los
Angeles of any possible cessation of tbe
unexampled prospertiy that prevails,
and insures good times.
Ktaler'e Jag.
Charles Etzler, the ex-pal ol "Kid"
Thompson, the alleged Roscoe train
robber, lodged at the polioe station
last nigbt He was found by Officer
Cox on New High street with too
much of tbe ardent on board, and had
fallen, cutting his face badly.
Upon its being disoovered that he was
a witness in the Roacoe train robbery
case, he wae turned in with the lodgers
to sleep off his jag.
Bignor . Bianchora, tba government
nominee, waa elected preaident of the
Italian chamber of deputies today by a
large majority.
When Baby was sick, wo her Castoria,
When sho was a Child, she cried for Castoria.
When she became Miss, she clung to Castoria.
When she had Children, she gave them Castoria.
Try *. or<o. Srrßltepoclnh «3 W,
nn«ifelled for puritr -nd fliynr TVech*
&Co , cor. Comerr/i & Almnoda tel. 3<)»
Kreeelo & Brume, funeral directors,
Broadway and Si xth street. Tel 243,
Wall paper, bung, 100 roll 328 8. Spr.ng.
Dr. Parker, dentist, 120; 3 West First street. ."
One ol tbe most enjoyable events of
tbe season was given Thanksgiving even
ing by the Misses Mathewe aud New
kirk in entertainment nf their guest,
Mies Soffern of New York. The ladies
were assisted in receiving by Mr. L. J.
aud General Mathewe. The parlor was
tastefully decorated with white and yel
low chrysanthemums, with trailing
smilaz over ourtalna, pictures and mir
rors. Tbe reception rooms were redo
lent witb tba perfume of La France
roses, while the dinging room was made
bright with the American Beauty roses
and carnation pinks, and over walls and
pictures olimbed tbe "ivy green." Tbe
center table was graced by a banquet
lamp, and festoons of -milex came trom
tbe ceiling to the f< nr corners ol the
table, on each of wbicu stood a bowl of
pinks and roses, while tbe snowy dam
ask waa almost bidden by scattered vio
lets. Small tables atood about tbe room
from which dainty refreshmenta were
served. Progressive angling was tbe
feature of the evening. The ladies'
first prize, a Bohemian vaee, was won
by Miaa Grace Fuller, while Mr. Homer
Toberman earrled off the honors for the
gentlemen, a silver satchel tag. The
consolation prizes were given to Mrs.
Howry and Mr. Ralph Tomberman, tbe
former a paper weight and tbe latter a
Brownie pen wiper. During the even
ing ohaming vocal solos were rendered
by Mra. Walter D. Wise, Miss Metcalf
and Mrs. John R. Mathews, and a very
delightful piano solo by Miaa Oonradi.
The guests present were: Mines. M. F.
Heraey of Gilroy, M. L. Mathewe, Mr.
and Mrs. J. R. Toberman. O tf, Hnert
O L. Tedford, J. F. Humphreys, W. D.
Wiae, L. J. Mathews. R. Berry and
John R. Mathews; Misses Suffer n,
Metcalf, Conradi, Hendricks, Goldsbor
ougb, Fuller M. Mathews, H. Mathews,
Vance, Keller, Ida Mathews, Cora Math
ews, Ida Newkiik, Lizzie Newkirk; Dra.
Cboate.MoOartyand Hendricks; Meesrs.
Kolmar, Burgoyne, C. 8. Vance, Golds
borough, J. G. Vance, R. and H. Tober
man, Heneley. Kemper, Edwards, Bal
four Vance and W. Mathews.
Frank Murray, tbe advance manager
of tbe American Extravaganza company,
which will present Aladdin, Jr., at the
Los Angeles theater next week, has,
with bis assistants, taken poiaession of
the offices and tbe advertising depart
ment of Manager Wvatt'a theater. Mr.
Murray will not only bill Los Angelea
itaeif. bat he will bill all tbe surround
ing towns as well. Speaking of tbe new
ballets in Aladdin, Jr., Mr. Murray said
last nigbt: "Tbe new premieres danss
oses in Aladdin, Jr , cannot, I am sure,
be excelled on any of the stages of tbe
London and Paris theaters. Tney are
botb young and handsome and are at
the very pinnacle of their art. Martha
Irmler has been with tbe Ameri
can Extravaganza company for
tbree years, and is a great favorite
everywhere. The new premiere, Mile.
Catharine Bsrtbo, who will make her
first appearance in Los Angeles on tbe
opening nigbt of Aladdin, Jr., was en
gaged by Mr. Hsnderson direetiy from
the Imperial theater, Moscow. She is
certainly tbe finest ballet dancer seen in
Russia for many years. Her education
was scoured under the best teachers in
Europe, as well as Russia, and I doubt
if there is a better system ol schooling
anywhere than ia tbe land of the czar,
where the theater is such a powerful
faotor both in social and state affairs.
Irmler and Bartho dancing together,
eaoh moving to the same measure, glid
ing and floating about in perfect rybthm,
is a picture that is not soon forgotten."
Sale of reserved seats opens tomorrow
Here's a Chance for Ton to Make
a Kace.
Editor Herald :—Will yon kindly in
fer* the following challenge in your next
issue? I will be in Los Angeles in about
three weeks and will go Mr. Albert
Sebook any kind of a race he wishes to
name, any distaaoe from one to 100
miles for $100 a side or more. My rea
son for sending this challenge is that
wben I left San Frauoiseo to go to San
Jose, tbree weeks or a month ago,
Sohoek told me he waa going to remain
in 'Frisco and settle down there, and as
soon as I had left tbe oity he com
menced talking about me to some
friends who told me all when I got
back, and to my surprise Mr. Schook
had left for Los Angeles, which proves
all through that be was telling me a
falsehood all the time. He also told
my bicycle friends that he oould defeat
me any distance, and I wish to ask him
to come out like a man and accept this
challenge and decide to the press and tbe
general public who is the best man, and
do it in a ataightforward way, and not
go around behind my back telling people
how easy he can do it, and we will have
a blooded race, for any of the above dis
tances. I will give Mr. Schook a gentle
reminder that he never defeated me in
his life, while I have defeated bim 10 or
15 times; but if be thinks he has got
fast enough to best me, now let him
oome to the front.
Respectfully yours,
John 8. Piu.nl k,
Champion Profesaional Bioyclist of the
Worid from 50 to 1042 Miles.
Almond Eyed Manufacturers.
Ah Sing and Ah Loy, the two celes
tials charged with haying unlawfully
engaged in the manufacture of opium
for smoking purposes, not being pos
sessed of a license, were brought before
United States Cemmissioner Van Dyke
yesterday for examination. Neither of
the defendants having retained counsel
to defend them, a continuance was
granted until Saturday next in order
that arrangements be made in this di
For rheumatism I have found nothing
equal to Chamberlain's Pain Balm. It
relieves tbe pain as soon as applied.—J.
W. Young, West Liberty, W. Va. The
prompt relief it affords is alone worth
many times tbe cor-t, 50 cents. Its con
tinued use will effect a permanent cure.
Forsale by Off & Vaughn, corner Fourth
and Spring streets, and C. F. Heinze
man, 222 North Main street, druggists.
Hoi.l.a . BKOK.
J, c. Cerf, San Fraae »: b. a. K-itsrit Hi
Fnnieis o; <:. n. 1 i-h dsn Francisco J. "■.
Day ■« sua Kr suo; <; hi v. ■ • r... ia -, 'an
Francisco; !. r ken, m. i oum ~v> linen
aril, New U ti o; >ir. aud Mi. 'f. W. Oul.o ,
.mbambi. ; 1 . Uer, Aio-<q org v, v. 11.
.ro v. J. a. M"v Miry, J. i>. btraytton, L'h . .
JliMi l£. A ire ti, M Hf.t. l.\ uarrlale, i c.
-a. d; I- J. Bai ay I'bie 0.-, A. T . 1 I'O'/.
AiUauib »: U. ft. Ijeovi.le, Pasadena; Mr. nd
Mm. W. K. Peep-, .Vims Fae ps, orcein r,
Mass ; D. L >rd, S"Ut.. Hiv n.d : J. W. .S nee,
Ferris; J. W Carbart, Burbauk; W. M. Zelier,
XcK-Rlrom for wall paper, SOS S. Main st
Dr. Price's Cream Baking Powder
World's Fair Highest Medal acd Diploma.
Lots of Business, Bat Nothing
Startling Done.
The Date of the Special Bond Elec-
tion Set.
Passage of the Ordinance Calling for tha
Bond Election aod Settling the
Mailer of lutereat on
the Bonds.
Yeaterday'a council meeting was not
a very apirited one, perhaps owing to
tbe fact tbat the members bave not
been able, aa yet, to entirely eliminate
the election from their minds. How
ever, a large amount of business was
transacted and another large amount
was left over for an adjourned session to
be held today beginning at 10 o'clock.
The weekly report of the free labor
bureau showed 79 applications and 50
positions secured.
The report of tbe board of public
works was read. Tbe very first recom
mendation, reoommending that Broad
way, between Sixth and Seventh streets
be repaired with porphyry, caused
Mr. lanes moved that it be referred
back, and after a little squall the mo
tion prevailed.
The petition from William Niles ask
ing that the grade of Twentieth street
between Maple avenue and Trinity Btreet
be established, waa passed,
The petition from William S. de Van
and others, tbat Grand avenue between
Court and Temple atreeta be graded and
sewered, was referred to the city en
J. J. Maekey's petition was filed.
The city engineer was instructed to
present an ordinance of intention for
grades to be established on Davin street
from First to Fourth, and on Second
from a point 150 feet westerly from
Davin street to a point 124 feet easterly
from the aame atreet.
Tbe petition from John Weber and
others for permiseion to grad gravel
and curb Twenty-seventh atreet uetween
Maple avenue and Sau Pedro atreet was
Bids were opened for atreet work and
sewering and referred to the board of
public works and sewer committee.
Mr. Stratton was heard in regard to
the sewering of Bellevue avenue. He
considered it an unnecessary piece of
work. A sewer is already laid on one
side of the street. The matter went
over one week.
Tbe bid of tbe Los Angelea Lighting
company to perform tbe eervice for two
years aa required by the specifications,
at $11 per month, for each 2000 candle
power arc light and $16.75 for eaoh 3000
oandle power aro light, was referred to
the gas and light committee.
Mr. Mansion moved that tbe electric
company be notified to repair the road
bed between the rails of tbeir tracks on
Second street, and that <f the work is
not done to bave it done by tbe street
superintendent and charged to the elec
tric company. Tbe motion carried.
The clerk waa iuatruoted tb aese*a ihe
Loa Angelea Electric Construction com
pany $100 for benefits on the weat side
of Broadway, between Ninth and Tenth
The Hill street sever coming up, on
the matter of the appeal from tbe as
sessment oi the Btreet superintendent,
Mr. Rbodee moved that $12,500 be taken
from come fund and refunded to the
property owners. Tbe motion wsb made
aimply to get tbe sense of the council
on tbe amount to be appropriated. Tbe
money, Mr. Rhodes explained, was to
oome from tbe internal sewer and outfall
sewer funds. Tbe motion was referred
to the finance committee.
Mr. Strobm moved tbat tbe appeal of
tbe property ownere of tbe Hill etreet
sewer district be denied. Tbe motion
Tbe street superintendent waa allowed
an extra clerk to straigbten up the books
for bis successor.
The request of the etreet superin
tendent that a new bridge be built over
tbe Arroyo de loa Posas. on Aliso street,
was referred to tbe bridge committee.
Tbe gas and light committee reported
favorable to tbe acceptance of tbe bid
of tbe Lorn Angelea Lighting company,
and the b d was accepted.
Tbe bond and contract of Rader Bros.,
to repair sprinkling hydrants for one
year from December Ist for $525, was
The ordinance of intention to sidewalk
Tenth street was filed.
The ordinance of intention to widen
Thalia street was passed.
Mr. Nickell moved that the superin
tendent of buildings be directed to pre
pare and present the necessary plans
aud specifications for the erection of
tbree fire engine houses for tbe three
new chemicals. The motion prevailed.
Tbe oity engineer presented an ordi
nance of intention to grade and gravel
Tehama street, from Bridge to State
The city attorney presented the ordi
nance calling for tbe epscial election for
voting bonds for city improvements.
Tbe date set ior the holding of tbe elec
tion was 'Vednesday, the 9th of Janu
ary, 1895. The rate of interest which
the bonds shall bear was placed at 5 per
cent. The interest was made payable
semi-annually, on tbe Ist of April and
Ist of Ocfober of each year.
A message was reoeived from the
mayor appointing Samuel C. Gordon
and Charles P. Bockina aa members of
the board of engineera.
Mr. Teed moved tbat tbe zanja com
mittee and water overaeer be inetrnoted
to replace tbe rotten wooden oovera on
the wells over the zanja on the weat side
of Main etreet with good, safe iron
covers. The motion prevailed.
Mr. Teed moved that tbe water over
seor be instructed to close the pipe
where tbe Arroyo de los Reyes empties
into the zanja 8 R, aud thus allow the
oil now running into the zanja aud foul
ing the irrigating w ter to empty on the
• treet. The motion wae oarried.
A. Teed in ted that cr <.<•<»«;«* be
c detracted es follows: Over Twentv
fottrlb sueet on the weet c de ot Me n,
.•v«r T»euly-tbir«i etreet on (fast il ■
o( <ir»:id »<?uiie. Keie:-»d to board oi
public tftti is g
Mr. feed noted >h.tt trt a city engi
neer pree«m en nrotuaucn of Intention
tor v t-eineitt Hidewnlk on both side* ol
Vlt,> 11 Btreet lrom 'A a»hin«'lou etreet 10
.lelfeniuii Hi rent bu 'eet aide nud (ro v
letfVleon Street to tlte cit I foils foai
feel vr de, Tbe motion prevailed
>be ordinance oi iutentloß to im
prove 1 eh:', in a street passed.
Ibe ordinance to Cuns'rnot a redwood
curb on Lone:: street lrom Brooklyn to
Philadelphia, and atmb and gravel the
street was passed
The ordinance for a redwood curb and
cement walk on the north side of Ken
sington road was paused*
Tho ordinance o! intention for aide
walk on Seventh atreet from Main
atreet to Wall s'reetwaa passed.
Tbe ordinance of intention to change
tbe grade of atreeta in tbe Figueroa
street Improvement matter on petition
of O. T. Johnson, Will D. Gould and
others, was pasaed.
Tbe ordinance of intention to con
struct a sewer along Westlake avenue
was pasaed.
The matter of the hearing of tbe pro
test on tbe Figueroa Btreet improvement
was set for next Teoaday at 10 o'clock.
The petitions were laid over until
City Attorney MoFarlaud .•.'Mrr-taso tho
Council on tho Hnbjeot.
City Attorney McFarland addressed
tbe following; communication regarding
the Spilman water auit to tbe city coun
cil yesterday:
Los Angeles, Cel., Dec. 4, 1894.
To the Honorable Council of Los Angelo.-.
Gentlemen:—While tbe controversy
whioh has been raging; about tbe Spil
man suit has been terminated, yet I
feel that the people are atixious to know
that the rights of the city to the waters
of the river have been proteoted. Judge
Van Dyke stated in court wben the
stipulation was made tbat it completely
protected all of the city's rights to tbe
river as well as to its sources. While I
was positive upon that point I was curi
ous :o know what other lawyers thought
of the matter and consequently took
rains to pet the opinions nf anvaral lead
ing attorneys, who,having examined tbe
complaint and stipulation, and being in
formed that there wae about 107 acres
of laud, half of whicb ran across tbe
river bed, they very kindly gave me the
following opinions:
Los Anoiles, Cel., Nov. 29, 1894.
To Charles McFaiUud, Esq., Olty Attorney:
Dear Sir :—At your request 1 have ex
amined the complaint together with tbe
stipulation entered into in the Spilman
case, in whioh the city was called npon
and compelled to assert its title to the
waters contained in 107 acrea of land;
53 auras of whicb lie upon a mesa ad
joining the river bank and the remain
der of which lies in tbe river bottom and
a portion running across the river bed.
In my opinion tbe city's rigbt to all tbe
waters of tbe river, as well aa its feeders,
eources, springs and underground flow,
in all the lands described in the com
plaint, including the river bottom, ie
fully and completely protected by tbe
stipulation in this auit. It certainly
could not bave got any more had you
tried the oaae and received ail tbe city
claimed or could bave claimed in tbia
matter, and I am of the opinion that
tbia etipulation wbiob tbe city entered
intopnta it in poaition to hereafter as
sert whatever rights it may have to tbe
waters of tbe river or to ita aourcea, in
oaae any effort ia made by developments
upon tbia land to lessen tbe flow of the
river. Very respectfully,
Stephen M. Whits.
I bave examinod the papers in the
above case aud concur in the op'nion
oi Senator White.
Robert N. Bulla.
I also concur in the opinion uf Senator
White, above expressed.
I am familiar wuu tha quextions in
volved in the above-mentioned suit
through the preparation of another euit
of a similar character, and in my opin
ion Mr. McFarland obtained greater
concessions for the advantage of the
city tban tbe law or aupreme court
wonld ever award to the city upon a
trial. R. EL F. Vakiel.
Los Akoelks, Nov, 80, 1894.
To Charles McFarland, City Attorney, Los An
geles, Cal :
Dear Mr:—At your request we bave
examined tbe stipulation entered into
by and between tbe attorneys for plain*,
tiff and defendant, respectively, in the
aotion of W. T. Spilmsn vs. City of Loa
Angelea. aa published in tbe Fxpreaa of
tbe 27tb mat., aud would aay tbat, in
our opinion, aaid etipulaiion recognizee,
admlte and protects tbe ownership of
aaid oity of Los Angeles in all the waters
of tbe Los Ar.gelea river, and alao In all
tbe watera forming part of ita aoureea,
feeders, springs, and all eubterranean
waters flowing into the aame and tribu
taries thereof. Yours truly,
Wellborn & Hutton.
Los Anqbles, Cal., Nov 30, 1894
Charles 11. McFarland, Ksq., City Attorney,
Loa Angeles, Cal.
Dear Sir: —I have examined a copy
of the etipulation entered into in the
case of VV. T. Hpilman va. The Oity of
Loa Angelea. lam of tbe opinion that
the rights of the city are completely pro
tected by subdiviaion "third," "fourth"
and "fifth" of that stipulation.
Clauses "third" and "fourth" recog
nize the city's ownership of all the
watera of tbe Los Angeles river, and of
all tbe waters forming part of its
"sources, underground flow, feeders,
springs and all subterranean watera
flowing into the fame and tributary
thereto;" while e<aas«- 'fifth" limits the
right oi Mr. Spillman "to develop aud
uae only co much of aaid waters as do
not constitute a part ol tbe sources,
feeders, springs, underground flow and
subterranean watera of tbe Loa Angeloa
rivers, and as not tributary thereto."
I cannot conceive of any interest
whicb Los Angelea city can have in the
watera referred to in tbe stipulation, ex
cept tbe intereat which ia affirmatively
given to the city by clauaea third and
fourth, and from wbich Mr. Spilmsn ia
affirmatively excluded by tbe fifth
clause. Very respectfully youra,
W. P. Gardiner.
Los Angeles, Cal , Nov 30, 1894.
Charles McFarland, Esq,, City Attorney:
Dear Sir:—At your request we have
examined the stipulation entered into
by yon on behalf of the city in the suit
of W. T. Spilman, plaintiff, againat the
city of Loa Angeles, defendant.
lo our opinion, you obtained for the
city in tbat etipulation a better settle
ment of the matter, aud an adjudication
of right iv and for tbe oity, more ad
vantageous to the city tban you oould
possibly bave obtained in a trial of the
By your discretion and acumen the
inteiesis of tbe puolic were not only
amply projected, but proteoted by a
.treat eaviim of cost t the c tv.
Our attention being oalled particular'
ly to the qavstioa ol extent ami location
of the laud described, wa wiafe 1.0 cay
that it :s wholly immaterial, for, wber
evei the land deicnhad in the complaint
may be aitiiatud, or whatever tbe
amount thereof, tho stipulation nOlde
good as between the partica so tha no
tion. Very teapeciiuiiy yours,
Lammkis Wh.de,
It.will be Oeerved tb*t 1 we* portico
lei to Btais'to them th*anmbe> o! ec.es
kbo ihe location ot tbe land with refer
Mil «,0 the r Mir, • ,».:-. i iol foi tue
n aauu thai I a>,b Daisied h? the uiap ut
the city eiuin er into mas. DR a state
ment which was not correct either as to
tha number of acres or the location of
the land. An explanation of bow such
mistake occurred will tally appear in a
communication from tbe city engineer
to me upon tbat subject, whioh ia as
Los Angeles, Cal., Dec. 4, 1894.
Chai. McFarland, Esq., Cily Attorney.
Dear Sir:—ln answer to your inquiry
concerning the published interview in
regard to the Spilman stipulation, the
following are the facts in tbe aase:
About a month before tbe case was
set for trial you called me into your
office, banded me a copy of the com
plaint filed in the SDiiman suit and
asked me to have a survey and map
made of tbe land deecribed in the com
plaint. I returned to my office, where I
found Mr. Spilman. He told me that be
wae very anxious to have his euit against
tbe city tried as soon as possible, and
tbat he would let me bave a blue-print
ol bis map. I replied to him to bring
over bis map, which he did, on the fol
lowing day. Alter showing it to me Mr.
Spilman volunteered to take me up the
river and show me the land. I then
told bim tbat I would give Mr. Burr
Baseell charge of tba surveys for tbe
case, and that he should take Basaell up
and ahow bim tbe land, and the corners
thereof, aothat he could tie in tbe same
and plat the land shown upon his
(Spilmsn's) map upon our city map,
ebowing Crystal springs and vicinity.
Bassetl accompanied Mr. Spilman and
was ehotvn corners of the 53-acro tract
marked on Spilman'a map. Tbe field
work necessary to connect two aornora
of this 53 acre tract waa commenced a
few daya afterward and tbe work waa
platted upon our city map hereinbefore
mentioned. Mr. Spilman'a mapahowed
courses and diatancea of the 53 acre
tract, and tho boundaries of toe came
were tinted and marked with a very
haavv line anH th? £r6£ c! 53 25 3CISS
marked within thie border or heavy line.
I assnmed that thia Spilman map was
correct and platted tbe land upon the
city map aa it waa shown upon the
Spilman map, instead of plotting it by
the deacription in the complaint you
banded me. You having examined tbe
city map which waa made for the pur
posee of thia euit, and having found
tbat ia ebowed only 53 acres, aod hav
ing been told by me tbat the 53 acre
tract did not run across the river you
were certainly justified in so stating in
your communication to the city council.
Very respectfully,
J. H. Dockweiler.
It forlunately happens that thia mis
take of tbe engineer in n> way preju
dices tbe righta of tbe oity. Tbe etipu
lation givea tbe oity tbe rigbt to all uf
the watera of the rivet aa well aa to all
tbe water in all uf tbe land deacribed in
the complaint whicb forms a part of its
sources, feeders and springs. So it will
be xeon tbat tbe number of acres is im
material, and so far as the location of
the land is concerned it is also imma
terial. Iv fact, if any attempt is made
to develop water in tbe river bottom tbe
city can make out a case for an injunc
tion much more easily tban it oould
against a development only upon the
dry lend. I can only add tbat if I had
tbe cane before me in court I would do
exactly as I bave done.
Very respectfully.
City Attorney
Charles H-<ut>a La<m His F..citing and
ta Injured.
A painter namud '.Charles LTonba, wbo
n. V « llf Xr„,»l, .„„, ~ _ .SfASI
ti.1.,V8 V .- V. 1 « 1 ■U. ... LIU .. ™-J -i ' . .
Ion: bia looting while ascendiug a ladder
about 3:30 yesterday afternoon at the
corner of First and Belmont street?, and
fell a distance of 30 feet, severely injur
ing hie spine and partially paralysing
b m below the hips.
it ie feared that he is injared inter-'
nallv.mul at i> l»(e hour ne tvasin a pr«
car ous condition, He was removed to
the -<H«tvine hospital, wtmre he was at
tended bt Dr. Urvant, who pronouncva
his juries serious though not ueoeaaar
ily tatal.
H. McOnc, tbo 0»a«, Wanti to Make a
Tbe following challenge explains its
The owner of tbe celebrated $10,000
trottir.g dog Ned, issues tbe following
I hereby agree to match my dng Ned
against any pony under 13 bands high,
or any yearling, barring lour, for any
reasonable amonnt from $300 up, to trot
to barnsss and sulky, quarter-mile
heats, best two in three, to take place at
Agricultural park. For further Infor
mation, address H. McOuk,
Care Metropolitan Turf club, 126 West
Second street.
Brings comfort and improvement and
tends to personal enjoyment when
rightly used. The many, who livo bet
ter than others and enjoy life more, with
less expenditure, by more promptly
adapting the world's best products to
the needs of physical being, will attest
the value to health of the pure liquid
laxative principles embraced in the
remedy, Syrup of Figs.
Its excellence is due to its presenting
in the form most ncceptabl' and pleas
ant to the taste, the refreshing and truly
beneficial properties of a perfect lax
ative; effectually cleansing the system
dispelling colds, headaches and fevers
and permanently curing constipation.
It has g'.ven satisfaction to millions and
met with the approval of the medical
profession because it acts on the Kid
Beys, Live? and Bowels without weak
wing them nnd tt is pi feotlji free from
evei '■■ objijctioanDle »oi>»tauce.
Svinpof Fki is for sain tr all drug.
. , ."...v,. <JS*. )>«»•'<•", it. in man
trfaettti-ed by the California Fig Slyrup
W.oiiU. whose uvme h printed on every
laekage. r'mo tha Bam%,-Sy«»p of-Figs,
J. M OtHßttt. W-«. loan I. irKliiti, V,-p»«s
K. 1 Orirfi.q, renrsotrv an,; Tr asarcr.
X, ri CTuadilii ..i .it ot indent
J it&ir'fn , COMPAM*
And Manufacturers ol
Mill Work of Ev uy i) rcriptlon.
yJ4 N, Alameda so, Los Angelea
Letter of Gen. Haldorman in
Yesterday's Herald.
A Well Known Los Angeles
Physician's Opinion of it.
Nerves and Brain Get Worn
and Need Repair.
The Cause of Sleeplensnesg t^i
Nervous Debility.
Los An?eles People Praise ralno**
Celery Compound.
Tbe portrait and open letter oi Gen.
John A. Halderman, United Statu Mia«
ister to Siam, pnbliihed in yesterday's
Hep.ald, is comtneuted upon as follows
by a well known local physician:
"Gen. Halderman says that in con
sequence of the demands made upon his
strength by personal and official busi
ness, bis nerves were so weakened tbat
he could not sleep; he took Paine'a cel
ery oompound and the results were more
than satisfactory. This great remsdy (
which the best men in my profession
freely prescribe, made tbe general well.
"f h»v« seen many ■«'?•! cases irs my
own practice.
"Where mental worry, overwork or
excesses interfere with complete rest oi
the delicate nervous mechanism, weak
ness and disease inevitably follow. The
recovery from those disorders, from ncr»
vous debility and lack of vigor must
oome, then, through plenty of sleep,and
more than anything else from a rapid,
complete repair ol the weakened, worn
out nervous tissuea.
''This is a very brief outline of tbe
soond physiological principle according
to which Paine's celery compound was
first prepared by Prof. Edward E.
Phelps, M. D., LL., D„ of the Dartmouth
Medical School. The incredible success
ol this remarkable nerve restorer and
olood-builder is doe eimply to this close
following of Nature's way of repairing
worn-out tissues among all the countless
forms of a,innate existence.
"When the nerves ache with neuralgia
and tbe body grows thin, and there is
distress of aome of the vital organa, tha
overworked body needa help. A prompt,
complete feeding of tbo entire system
witb Paine'a celery compound will keep
up tbe strength and save the weakened
parts from sucoumblng to disease. In
tbia peculiar ability to invigorate tba
hodv, to make new blood and to regelate
.the nerves, .lea the great value of Paiae'i
celer compound In all waotlog dieeoaea
and in ell disorders of tbe kidneye, liver
nud stomach. It rescues thaky, en*
feebled nerves from prostration and re
moves that feeling of utter exhaustion
that cause* so much dependency among
ao many nervous, worried men and
"It makes flesh, blood and strong
"It means today health, strength and
Gold Medal Paris Exposition ICJO.
CRESTA RUNM Is situated a few ml'-a
>,i mm hoi tbe towu of Livermore, Alameda
iw* oo tally jol.ct.-d on account of soil
anl elimHtic (toudltioua wnlc*. gave pioavne of
th i h gh-st po»sibi« u-t. uheuca in win-sol loa
aautertt' .tud claret types No m.state was
in tnis sel oit.M, for today CRBsTa
It!.AN A wines c i apfavorably with the
fluent viuhMres ol France and itre served to the
tv sis of all the cadiu" hotels, restaurants and
club-on tho Pacirlc Uaast
Only a limited quantity is rcnnin aunuslty.
No expense is spared in tha matins' and oara
of ihe wine-, and whan ready for consump.iou
they are carefully b >ttled.
Parties order nt these winas should see that
the words CRESTA HLANCA are ou
every bolt c. A new brand of wine h&j la'ely
beon tut on the market and in being sold aa
Cresta Bla.ica or Weimora's wines. Bach wines
shoa<d be refused if Cresta lHanca wines are
on'er-il. A fac-sliullo of a label oa the genu
ine wluo ia
319 Pine St., Ban Fraucl-.Co.
In order to meet ths requirements ot tho
times a reduction in prices has been mail*,
1 doz. 2 &07..
Quarts Pints
Paulerne Souvenir if 0.00 $ 7.00
Haul Sauterne S.rjvenir 9.00 10.00
Chateau Yquem Souv uir— 11.00 12.00
Table d'Hoto Souvenir $5 50 $([.OO
St. Jul en Souvenir 7.00 H.oO
ICrgaux couveulr 8.00 y.OO
124 and 126 North Spring Street,
Agent for Los Angeles county.
11-1 cod lm
! Lots from $-?2«, to $950, ~J
j Ceiatut Sidewalk*, aiti \**ur.
gitm-l -"»■«. nonrtStrtctt ■'*
1 11 /or. *»Nt ii (i-iOii real 1« jc»: l»t iv the
.1 > H tllU-ALi-i ill b. S ,lf Agent.
11 d 00 3m
1 J "'o r J ! <M,r«»lr«lth bu.luru, ara.
!ffI#3SIRI(BWl X '" J '''*'" •"'lrix'drriurd •Isaarlee
8l^r!l r IBSaBd»2SSI > *' ! ' lI>H far Tuluublr InfbnaatUa rM
■"■ - m iimuiit uoasa,
I'mrri»i,s.«r, I'lsßSiaiasO.
Aaiims a, Jfaw «• CJU«a««, u£

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