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The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, February 01, 1898, Image 8

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn85042461/1898-02-01/ed-1/seq-8/

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Council Defines Its Position
On the Question
Opinion of the City's Legal Advisers
as to Methods Pursued—Seven
Members' Sentiments
Below will be found the report In full
of the water supply committee of the
city council as presented to that body at
yesterday afternoon's session. While
ostensibly from the members of the com
mittee alone, Messrs. Nickell, Toll and
Blanchard, it was compiled as the au
thoritative statement of the majority of
the council on water matters and the po
sition taken by the members as to mu
nicipal ownership and the means for
facilitating that end. Although upon
reading the document was hut received
and tiled, later in the session it was for
mally adopted by every member of the
council save one, Gridar being absent,
The report goes exhaustively into ev
ery move made by the present council in
the water question, and ls as follow s:
Your water supply committee to whom
your honorable- body has entrusted from
time to lime the matter of conducting
negotiations with the Los Angeles City!,
Water company, looking to the taking',
over by the city of the Improvements added : ,
during the term of the existing lease by |
said company to the original water plant ,
of the city, and to whom also was en- f
trusted the matter of estimating the cost t
of a new plant., as well as estimating the ,
value of the above-mentioned improve- |
ments made to the old plant, is Impelled t
at this time, having in mind the best in- ,
terests of the citizens of the municipality
which yon have Ihe honor to represent. <
to make the following report of the work 1
accomplished by this committee und the 1
city engineer, acting under your valued '
instructions and ihe advice of counsel I
representing the city, and also to set forth i
for your adoption a declaration of the-I*
most effective line of action lo pursue In c
order to accomplish the most speedy real!- t
cation of the peoples' desire for munk-i- !
pal ownership of the water system of this 1
Tlie instructions received by this com- ?
mlttee have always been positive as to the <
unanimous desire of the council lo brine M
about actual municipal ownership at the I
earliest possible moment. Kxpression has t
never been given by any member, either '
in committee or in discussion of ihe ques- *
tion In open council, of a sentiment nega- '
live 10 ihe one ardent desire for munici
pal ownership. In Hie various reports of c
this committee the presence of this senti- 1
ment has been frequently referred to, in
fact Ihe basic question of municipal own- •
orshlp was affirmatively settled at the or
ganization of tills council and has never I
since then been reopened by word or act. t
The wnter supply committee is provided 1
for in ihe code of rules governing the or
ganization of your honorable body, and 1
to it tire naturally referred all matters 1
pertaining to the water supply Of the City. '
Tills committee having been constituted at
the Initial meeting of this council Jan- '
vary 1. 1897, It was on January 11. 1*97. the r
time of the next meeting of the council '
fully prepared to receive any Instructions 1
the council might wish to give il. iience the
motion of Mr. Hlanohnrd Introduced at the '
last named session was deemed perfectly 1
proper and was accepted by the council '
BB the initial step toward tlie sceom- c '
pllshment of municipal ownership. Said ! '
motion was v? follows:
".Mr. Blanchard moves that th- water | 1
supply committee lie instructed to confer'* 1
with the city engineer and report to the 0
council as to the best procedure for BC
quiring a water plant to be owned by the
So acceptable was this motion that Its '
adoption was without debate or dissent. !
Later in the same session Mr. Grlder. after
having voted lor 4ie Blanchard motion '.
.which empowered the water supply com
mittee to lake the matter up. Introduced
the following resolution:
'Resolved, thai public Interest and ne
cessity demand that the city of Los Ange- '~
les should own a complete system of water- I
works for the use of said city and its in- ;
habitants; ami to ihe end that this coun- '
ell may have prompt and full information
ln the premises as to the best and most r
ay ailable system and the cost I hereof
Whether constructed by said city or ac- '
quired by purchase, it is ordered that the I
city engineer of said city do Immediately j :l
make full ami complete plans of an en- '
llrely new system sufficient In all respects j "
10 furnish sold city and its Inhabitants
with an abundance of pure water, tind that
Said engineer do also report to this c-oun- '1
«il therewith a careful estimate- of Ihe cost
of such new system." v
This resolution bad been rendered so B
clearly superfluous by the previous adop- 11
tion of the Blanchard motion as lo make "
11 Impossible for ihe council to seriously ,
consider it. Had the (irider resolution !
been presented lirsl It would, after amend
ing. so as to very properly refer the matter 9
to the water supply committee for joint '[
action with the engineer, have rendered
the Blanchard motion unnecessary ami ac
complished thi- same purpose as the latter ',
— nothing more. lience. your commlttee
la 11 to discover how in the adoption of the
Blanchard motion, which was disposed of [
without debate before Hie Introduction of
ihe other, nnd in the rejection of the Gri- ,
der resolution, any negative influence was
exerted upon the question of municipal
ownership. Certainly ill,. Blanchard mo
tion was first in point of time, its adop
tion carried a reference of tin- matter toi,!
the proper committee, and that commit- .
tee covered the full scope of (lie resolu-1 (
. tion in its recommendations one week i
later. ! 1
On January 13, 1897. the .lute of the re-1 ,
ceipt of instructions from the clerk of ~
your honorable body based upon the J
Blanchard motion this committee laid a
meeting, of which tin following are the r
sftlelul minutes:
"Meeting of the water supply commit- ,
te held January 13,1897. Meeting called to t
order by Chairman F. M. Nickell. Pres- v
enl Messrs. Blanchard and Toll of the r
committee and J. 11. Dockweiier, city en
gineer. _
"Upon moiion ('. 11. Toll was chosen ,
secretary ot the committee. Il was stated s
by Mr. Dockweiier thai plans and specifl- I
OatiOnS could be provided BHlflclent to give a
an approximate cosi of a new system of t
waterworks for from $600 to $1000. c
"After general discussion of the work
before the committee. In the course of v
which the quest lon of securing a water 1 6
supply from tin- mountains was duly con- i
Sldered, it was decided, upon motion, that t
the following report be transmitted to the
council as an expression of the commit- .
"lee's desires." t
The recommendations contained in said i
report were: First, that the city engine! r i
be Instructed to prepare an approximate o
estimate of Ihe cost ol' a complete water- i
works for the- entire city, using the Los i
Angeles river as a source of water supply, i
and present the same to the council at th
earliest possible date: second, that the com
mlttee be authorised to draw requisition
lor necensary expense, and, third, that th
committee be empowered to take sucl
action as may be deemed necessary to opei
Decollations with the Los Angeles CM]
Water company, looking to the taking ove
I of the Improvements added to the watei
plant of the city.
On Jan. 20, 1897, instructions from youl
honorable body, based upon above repori
of this committee, were received from tin
clerk. In keeping therewith, a IBestlnl
of the commit!* was Immediately called foi
Jan. 24. 18(7, of which the following are
• the official minutes!
"Meeting of the water supply committee
Jan. 24. 1897.
"Meeting called to order by Chairman
F. M. Nlcke.ll. Present: Messrs. Blanch
i ard and Toll of the committee and J. R.
Dockweiier. city engineer.
"Upon motion. Ihe city engineer was in
sttnoted to rent the necessary rooms, em
ploy the necessary assistance and prose
cute 10 an early completion such plans
and specifications as were required to fur-
I nlsh an estimate of the approximate cost
of a new system of waterworks for the
"It was the sense of the committee thai
when the result of the work of the en
gineer ls finally known it be held In Strict
confidence und secrecy by each member cf
' the committee, the engineer and the em
-1 ployes In possession of the same, until
■such time as the committee may deem II
I expedient to make the fact! known to the
1 , public. This action was deemed necessary
iln order that any publicity of the cost of
la new system might no! Interfere with
; pending negotiations with the water com-
Ipany looking to the purchase of their
i plant."
I It was considered highly probable by the
committee that the preparation of plans
'for a new plant would require much more
time In execution than the mere procure
ment of the wnter company's price for
old plant, hence the work upon new
plana was allowed to procrcss until Feb.
24. 1807. before active negotiations were
opened with the old company.
The minutes of the meeting of committee
on lhat date are as follows:
' "Meeting of the water supply commit
! tee. Feb. 24. 1597.
i "Meeting called to order by Chairman
F. M. Nickell. Present: Messrs. Blanch*
ar.l and Toll of the committee
| "The secretary was Instructed to pur
: chase such record books and supplies as
(may be needed to preserve the minutes of
the various meetings of the committee.
"Fpon motion the secretary was in
structed to Indite letters to the Los An
geles City Water company, setting forth
that the committee desire to enter into
negotiations with the respective companies
looking to the purchase of their plant in
the event the city council should deem It
desirable to purchase same for the city."
The day following above-named meeting
(Feb. 2.",. 18971 letters were mailed to the
Los Angeles City Water company. High
land Water company and the West Side
Water company, conveying the desire of
the city to acquire their respective plants
at a reasonable price, and asking the re
spective companies to co-operate with this
committee to the end that a speedy de
termination might be reached In the prem
ises. Replies to above-mentioned letters
were received as follows:
Under date of March 4. 1897, from West
Side Water company stating they did not
contemplate sale. Cnder date of March
9, 1597. from bos Angeles City Water com
pany, stating its willingness to sell plant
to olty. Under date of March 13. 1897, from
Highland Water company, signifying
willingness to meet our committee at any
time and place designated.
On March 26, 1897. a meeting of the water
committee was held, of which the follow
ing are the official minutes:
"Meeting of water supply committee,
March 2:.. 1897.
"Meeting called to order by Chairman
F. M. Nickell. Present: Messrs. Blanch
ard and Toll of the committee anil J. II
Uoekweiler. city engineer.
"betters were received and read from
the Los Angeles City Water company, the
Highland Water company and the West
Mini Water company.
"The chairman informed tin committee
that the city engineer was about ready to
report the result of the estimation he had j
been making as to the cost of a new water
plant for the city.
"Upon motion it was decided to Instruct I
the city engineer when he delivers his es I
timate of the cost of the new water plant
that it lie handed to the chairman of this
committee under seal, to be so retained
by the chairman until the Information Is
needed in determining as to the reasona
bleness of any proposition Ihe Los An
geles city Water company may submit,
or until a majority of the committee deem
it expedient to make the information pub
'It was decided, upon motion, that the
chairman of this committee arrange with
the proper officials of the Los Angeles City I
Water company for a conference on Tues
day. March :|O. 1887, with this committee,
looking to the opening of negotiations for
the purchase of Its plant."
Owing to the absence from tin- city of
some of the representatives of the water
company, the meeting designed for March
30, 1897, was delayed until April 9, 1887, id'
which the following are the official min
"Joint meeting of the water supply com
mittee and representatives of the Los An
geles City Wilier company, held in Presi
dent Silver's office, April 9, ls:i7.
"Present—F. M. Nickell, E. L. Blanchard
and C. 11. Toll of the committee, and
Messrs. S. H. Mott, W. J. Brod rick. Drake
and Minor, representing Los Angeles City
Water company.
"ll was stated by Mr. Nickell on the
part of the committee thai the city •,r Los
Angeles was desirous of owning its own
water plant, either by purchase of the
existing plant or the construction of a
new one. and that the purpose of this
meeting was to open negotiations looking
to the purchase uf the plant of the Los
Angeles City Water company, In the event
that a satisfactory price could he arrived
at. and thai it was now the desire of the
committee to know the position of the
water company In the premises.
It was stated by Mr. Mott of the water
company that their company was willing
to sell their plant at a fair price and that
they courted the fullest Investigation and
closest examination of their properties:
thnt they would furnish a schedule and
would personally accompany the commit
tee ami exhibit their various properties
to tln-m.
"II was stated on the part of the com
mittee that nothing but the most complete
exposition of the company's properties
would serve the purpose of the commit
tee; lhal they must know what these vari
ous properties consist of. where they are
located, and the lencth of service up to
the present time of pipe. etc.. In order
that they might place before the council,
and tin- council in turn place before the
people, full details and information, ln
order that a proper conclusion could he ar
rived at on the part of the people as to the
most desirable procedure for them to
take; that is. whether It would be better
to purchase th" existing plant at the val
uation arrived at or construct an entire
new plant.
"In keeping with this statement.it was
arranged that the committee of the coun
cil, accompanied by the city engineer,
should nieet representatives of the wate»
company Thursday morning. April 16th,
at :i ol lock, to visit and Investigate a por
tion of all of the properties of the water
ci impany."
dm April :,. ivi;, the dty engineer filed
With the chairman of this committee, un
der seal, his very able and oomprchenslve
report as to the estimated cost of an en
tirely m w water plant for the entire city.
At a regular meeting of the council on
April 111. lst»7. upon request of the council
to do so. this committee (lied the above
mentioned report of the city engineer. The
object of the committee In desiring to
avoid publicity of the amount of cost of
new plant was for the purely politic reason
of depriving the water company of the
necessarily large figure representing the
le cost of a new plant as a basis for fixing
i- a price upon their plant. People unnc
is qualnted with the difference In detail might
le be led Into a comparison of prices highly
h favorable to the old company. Hence the
n committee wanted to be in position to set
> both conclusions before the people at one
tr and the same time, and have them feel the
r assurance that each was arrived at Inde
pendent of the other,
ir Representatives of the water company
t having state.! at meeting of April 9, 1897.
c that they would furnish the committee
S with a complete schedule of the various
r items of their plant, the way appeared open
c for gaining such definite knowledge as
will enable the city engineer to arrive at
'. a very accurate estimate of their value.
It became the earnest desire of the com
ti mlttee to secure this authentic data from
- the company, rather than attempt to ar
rive by conjecture or by .supertlclal exam
ination at a knowledge of the kind, loca
tion and extent ot use of the company's
- properties.
As stated ln the report of this commlt
s tee of date April 2d, 1897, "It was the con
- elusion of the committee that in no other
I way could your honorable body arrive at
i' a correct knowledge of the company's
plant in all its details. . . . Having pur
t sued an ordinary business eoursc and pro
- cured from the water company all details
I as to quality, extent, location, duration of
f service and price of the component tea
- tares of their plant. It will become the duty
I of the council to apply such tests ami lines
I of Investigation as will fully verify the in
' formation furnished by the company. The
water company have evinced a willingness
to supply all the information desired, and
1 t hey are now preparing the schedule asked
for by the committee."
But even this reasonable position of the
committee was assailed by an clement In
' the council advocating thai instead of
waiting a few days for a complete sched
' tile, maps. etc.. then being compiled by
the city engineer at the water company's
office, the council instruct the engineer
to go out upon the streets of the city and
by Indiscriminate digging tind out the very
1 , details being furnished at that time by
] the company, without remonstrance or
On May' 10, 1897, accompanying a report
to the council, the committee submitted
complete Information as to the property
of the water company In schedule, map
and tabulated form. This report recites
that the schedule shows real estate, rights
to develop water, rights of way. conduits,
tunnels, pipe and flume lines, distribution
pipe system, linings, reservoir sites, res
ervoirs, pump stations, stock on hand,
water sources and developments, while
the map shows exact locations of all these
properties throughout the city and adja
cent territory. This report also carried
the following recommendation:
"That the city engineer he instructed lo
proceed at once to determine, by use of tlie
data here supplied, the following conclu
"First, the correctness of the data fur
-1 (shed by the water company.
Second, the cost of a new plant identical
in all respects with the present plant.
"Third, the present real worth of the
old plant.
"Fourth. Us available value to ihe city
as a pari of an ultimate complete plant."
At a meeting of the committee July 21.
1897, a communication from the Los An
geles Water company was read, offering
to sell their plant to the city for ihe sum
of IS.iw.uci'. This offer was submitted to
the council July 2ii. 1-i'T. at which time
the city engineer also presented his report
showing the estimated present value of
the water company's plant to be 81,803,850,
Including house connections.
Instructions were received by this com
mittee July 27. lstf7. based upon the reso
lution of Mr. Silver, to make to the Los
Angeles City Water company a formal ten
der of 11.190,655 for an option for the pur
chase of their plant on or before July 1.
IS3S. On the same day a letter was duly
addressed to the water company making
known the desire of your honorable body,
formally tendering the amount above
named, and askinc an Immediate reply.
By letter dated the following day. July
2S. 1897. the water company communicated
Its refusal to accept the above named
By this refusal to accept, the city's offer
i was terminated, for the time being, at
I least, the effort of this committee act
ing under Instructions from your honor
j able body, to acquire the Los Angeles
1 Water company's plant by purchase he
fore the expiration of the existing lease
This effort having lis Inception In the
report of this committee of date of July
13. l-> 97. had been prosecuted with all the
diligence consistent with tlie magnitude of
the transaction and the convenience of the
large number of interested parties, and the
outcome, after so much labor and so great
a sacrifice of time, was deeply regretted
by ibis committee. In order that no time
should be lost by Inactivity of the com
mittee or the council, a meeting of the
committee was held Friday evening, July
80, 1 >P7. at which the following are the
"A call meeting of t he water supply c-orn
mittee held in tlie committee room of the
city hall Friday evening. July 3:>th.
Present. Messrs. Nickell and Toll of the
committee and City Engineer Dockweiier.
"Chairman Nickell stated that the object
<>f the meeting was to consider the advis
ability of reporting to the council In favor
of Immediate work upon the headworks
system included in Mr. Dockweller'l re
port for a new writer system for the city,
it was Mr. Dockweller's opinion thai this
portion of a new system should be built
entirely Independent of the entire plant,
and could he use 1 in case the city ptir
chasd the old plant or ultimately built v
new plant, and he strongly urged the
taking of Immediate steps looking to the
commencement of work upon this portion
of ihe system, furnishing figures and data
in support of his position.
"I'pon motion it was ordered that the
committee make a report on the following
.Monoay recommending:
"Tiie appointment of a consulting hoard
of engineers to pass upon the correctness
and (feasibility of the city engineer's
plans for a new water system, ln so far as
they pretaln to portions embraced in the
headworks system.
"Tlie beginning of work upon Ihis sys
tem, providing no legal objections existed
thereto, and the taking of Immediate steps
to open negotiations with the water com
pany looking to the settlement by arbitra
tion of the price to pass from Ihe city to
said company for the purchase of said
As a result of this meeting a report of
this committee was sent to the council
August 2. 1897, from which we quote:
"Your committee realizes that another
fixed station in the progress of the solu
tion of the problem of municipal owner
ship has now been reached, and that it is
the last, save one only, regarding Which
there should have been no difference of
opinion as to their order of sequence or
their necessity of execution We would
designate these undebatable stages
already passed as. llrst. ihe de
cision for municipal ownership: sec
ond, the estimated cost of a new
water system, third, Hie estimated value
of the old plant, and fourth, the formal
offer to purchase the old plaSI ut ihe
j value so determined. The attaining of I
these stations in the above logical order
should have prompted only unanimity of
action on Ihe part of all members of the
legislative branch of the municipality, and
We can hut iterate that any other attitude
on the part of any member of ihe city
government Is ill advised, uncslled for.
and is dictated by motives antagonistic
to the welfare of the city at large.
We beg to cite that from the first meeting
of this committee down to Hie present
time some feature of work attending the
solution of I his problem has been in opera
tion or pendency, • Delays have been fan
cied and unreal: progress has been steady
and uninterrupted, and results substantial
and satisfactory, affording a basis and
sure foundation upon which all future
action can safely rest. This report car
ried three recommendations, as follows:
First, the appointment of a consulting
8 board of engineers to pass upon that por
- Hon of Engineer Dockweiler's plans for
t a new water system which pertains to the
y headworks system. Including conduit nnd
c reservoir. Second, to afford the people
1 an opportunity to vote for bonds to eon
-0 struct said headworks system, provided
p no legal objections exist. Third, to sub
" mlt lo the water company a plan for ar
bitrating the question of the value of the
V improvements made lo the plant.
This report at the time of Its reading
1 was referred to the city attorney for his
■ opinion as to any legal objections to the
1 active prosecution of the work proposed.
s In a report tiled In council August 9. 1897,
' signed by the city attorney and Messrs.
• Lee and Scott of counsel, an opinion Is
' given averse to the first two recommenda
-1 Hons of the committee, hut favorable to
the last recommendation to arbitrate.
Baaed upon Mr. Ashman's resolution to
" Immediately proceed to arbitration, in
■ ItTUCtIOnS were received from your hon
orable body. August 11. ISP7, to notify the
' water company that It was the desire of
" the city to submit to arbitration the ques
tion of the value of the Improvements
1 made to the plant. On the same day a
1 letter wus mailed, addressed to the duly
" authorized representatives of the water
" company, communicating the desire of
[ your honorable body to proceed at once to
' arbitration.
Under date of August 19. 1*97. reported
to council August 23. 1597. a letter was re
-1 celved from the water comptny stating
' Inability to definitely reply to the request
' to arbitrate until the return to the city
' of their legal advisor.
1 On September 7. 1597. no further reply
having been received from the water com
pany regarding arbitration, the city attor
ney, in answer to request of council, re
ported that "If the contract entered Into
July 20, 1868. which expires July 20th of next
year, is valid, the water company cannot
be compelled to arbitrate until after the
expiration of the contract as provided
therein." At the same session of the coun
cil Mr. Hutchison's motion prevailed re
questing that the city attorney prepare
an opinion as to the legality of the water j
works contract of IS6S. As has been here- |
tofore stated, this council has ever been,
nverse to assuming any position which ;
I would In any way commit the city author!- j
ties upon the question of the validity of
the contract, deeming it of prime Impor
tance that the legal department should be
free from such useless limitations In the
conduit of s matter of such Import, where
such grave legal questions entered so
largely Into its solution.
In keeping with this request, the city
attorney repotted to council September 21,
1897, a letter from Messrs. Lee and Scott
of counsel, concurred In by Mr. Dunn,
In which counsel, after citing good and
valid reasons for such advice, admonished
the council against Insisting upon n flat
opinion as to the validity of contract.
However, a majority of the council de
manded a flat opinion thereon, and the
same was tiled during that session of coun
cil. Bald opinion held "that those por
tions of the contract are valid and bind
ing which relate to property rights In the
improvements and increments made by
the water company to the plant originally
turned oyer to it by the city, and to the
obligations of both parties to submit the
value of such improvements and Incre
ments to arbitration and obligation of the
city to pay to the company the value
thereof so ascertained, and that the rights
of the city arising under these provisions
of the contract can he enforced."
in the presence of two legal opinions,
one of which decides that if contract is
valid the water company cannot be forced
to arbitrate before expiration of said con
tract, while the other decides that this
contract is a valid one. the question of en
forcing arbitration at this time was quite
effectually disposed of.
On November 22. 1897, a numerously
signed petition was filed asking that coun
cil "at once take the necessary steps for
calling a bond election to build an entirely
new water system for the city of Los An
gell B." Said petition was referred to
this committee and by it duly considered
at a meeting held December 2. 1897. of
which meeting the following are the min
"Meeting of the water supply committee,
December 2. 1597.
"Present—Chairman Nickell and Messrs.
Blanchard and Toll of the committee.
".Me ting was called to consider the pe
tition asking that steps lie taken immedi- '
ately to build an entirely new system of
water works fur tlie whole city.
"Upon examination of the petition it '
was found to have been signed by :j"bl cit
izens of all classes.
"It appearing that legal complications
might arise from granting the request of
the petitioners, on motion the secretary
was Instructed, with the city Attorney
Dunn and associate counsel Lee and
Scott fur a joint meeting, at which time
tin- 1,-gal phases could be discussed."
Agreeable with this action of the com
mittee, a meeting was arranged for De
cember 1897, of which the following are
tin* minutest
"Meeting of the water supply committee,
December ,!. 1897.
I'res.-nt—Chairman Nickell and Messrs.
Blanchard and Toll of the committee, the
mayor, members of the council, attorneys
of petitioners and of city and interested
"Petition was read by the secretary and
the eh sires of the petitioners explained by
Judge Wright. After full discussion of the
various phases of the question involved,
II was moved and seconded that the com
mittee report to the council, making two
"First—That no steps be taken at this
time looking toward the Immediate con
struction of a new system of water works;
"Second—That steps be taken at once
looking to the determination of the value
of the Improvements made by the water
company upon the water plant. In keeping
with the conditions of the contract under
which the water company are now operat
ing, tin- object being to perform any acts
necessary to enable the city to provide the
necessary funds to pay for said improve
ments at tie- expiration of the present
lease-. July 22. 1898."
| $10,000 Worth of Shoes Too Many
H V SfllC y We're overstocked with shoes. Our shelves are full of them. We have cases and §
[2j cases °* shoes that remain unpacked. Hundreds and hundreds of cases of Spring
jXf 1 Goods are on the road from the East and more will follow. We must reduce our \Q
23 stock at once and for a few weeks will sell shoes at the following prices: j» •»» > g$
<t Ladles' and Children's Shoes : Men's and Boys' Shoes . j£]
s& Over 300 pairs Ladies' Kid Shoes, clearing out, Aflr ilB cases Gents' Satin Calf Shoes, all sizes, new toes, lace (tl 7-5 2j
CjJ pei pair TIOC or congress; were $2.50; now V'l»4Mf ll •!
51 130 pairs Hand-sewed Kid Shoes, all sizes, button or lace, <£| A A 308 pairs Men's Calf Shoes, all styles and sizes, a fine d»| AC \' , ff\
a very stylish and neat shoe; always sell at ?2.50; to goat $1.4U appearing shoe that will wear $3.00 worth, for »pi.lU {*£
5) 300 pairs Oxford Ties, in endless varieties and styles; <P| i\c\ TJv™l H, " d " M « m Sho " $2.75 §
yj worth $2.00, 52.50 and $3.00, at s make); were $5.00, to go at *T ' rt>
v£ , . ■ „,.._ ■• ■ « * 10 cases Boys' Shoes, to be closed out, ffl flfl ltf\
j2j 630 pairs ot "Sample" Shoes, high and low in prices, »t -ye per pair ejlIeWU [i* 5
ft ranging from $2.00 to $5.00, to be closed out tor J over , nri'paVrV Sh«s',' odds' and e^d's',' including Shoes of every de- §
fj| 135 pairs Children's and Misses' Shoes, odds and ends; TCn • scriptlon—Men's, Boys', Ladies and Misses' Shoes, fljl 5s
come and pick out a pair for lOL • worth from $2.00 to $5.00; your choice for *pi*tiO rtj
§| ====•»»*•• Shoe \ cf
I Mammoth Shoe House t sale J I
Jj 317 South Spring St. Between Third and Fourth gj
• At this meeting- It was stated by Judge
r j Wright, representing the petitioners, that
a I Inasmuch as the previous negotiations be
-1 tween the city and the water company to
c purchase Improvements, also the offer of
- the city to arbitrate, had not been desfg
-1 nated nor recognised as having been made
- under the terms of the contract, the city
■ was not at this time In position to grant
i the request of the petitioners. Your com
mittee knew It was a matter of earnest
r solicitation on the part of your honorable
t body lest by premature and 111-advlsed
. action, a great hardship might he Inflicted
upon the worthy taxpayers of this munici
pality. If any disposition to over-seal-
OUSness along this line was evinced by this
i committee It was inspired by the full
- knowledge on the part of its members that
> our cltlsens desired but one wnter plant
at a time, and that for the time lielng. at
> least, we were resting under obligations.
■ moral and legal, to treat with the Los An
. geles City Water company for the restora
■ Hon of the city's plant upon payment for
r Improvements made thereto.
A report In keeping with the foregoing
i action Of the commute was tiled with the
I council Pec. ti. lss". from which we quote:
"The question of Immediate construction
• being disposed of. discussion was had upon
the question of taking such steps as would
i remove the legal difficulties which now ex
ist to the construction of new works prior
I to termination or present lease. In short,
what can be done by your honorable body
to enable you to raise the funds and enter
upon the construction of an entirely new
system of waterworks prior to the termina
tion of present lease contract without sub
jecting the people you represent to the
payment of not Only the cost of a new
plant, but the value of the Improvements
made by the water company to the old
plunt as well, Upon this subject your com
mittee finds a difference of opinion, both
I legal and civic: nor does It by Its recom
' mendatlon herein pretend to decide that
' the way is clear for a successful outcome
! along lines suggested, but being nctuaed
by a desire to leave no stone unturned to
| acquire a municipal water plant, new or
i old. at the earliest moment consistent with
I the Interests of the community, your com
' mlttee begs to submit the following recom
i mendations:
"First—Thnt no action be taken at this
, time to construct an entirely new water
' system: and.
"Second—That the city attorney be in
structed to prepare a resolution looking
to negotiations attempting to agree with
the water company upon the value of the
Improvements made by them, as provided
in the contract with said water company,
dated July 22. 1868. In order thnt the city
may pay to the water company at the ex
piration of said contract the amount of
compensation agreed upon to cover value
of the said Improvements made by said
water company during term of lease."
On Dec. 13. 1537. the necessary resolution
was presented by the attorney and adopted
by the council.
Under date of Dec. 15, IM>7. a copy of
above resolutions, with instructions, was
received by this committee from your
honorable body, anil on the following day,
Dec. 16. ISIIT. a letter was Indited to the
water company, signifying the desire of
this committee to enter upon the work con
templated in the resolution, and asking the
co-opertlon of the company. To this letter
a reply was received Dec. 26. ISII7. stating
the willingness of the company to sell. If
an agreement could be reached as to terms
of sale. On Dec. 29, 1897. a second letter
was written by the committee, asking that
some day In the following week be desig
nated for a meeting. To this a reply was
received Monday. Jan. 17. 1898. staling that
representatives will he appointed by the
hoard of directors and the committee will
be Informed at once who they are: that
their attorneys will be in the city about
the middle of February, and the company
would like to have matters so advanced by
that time that they may have the assist
ance of their attorneys In bringing matters
to conclusion.
Further than as above stated your com
mittee is without Instruction from your
honorable body. The various commissions
entrusted to this committee have at all
times been prosecuted, with an earnest de
sire to supplement by the energy and zeal
of this committee, the honest effort being
continually exercised by your honorable
body in the dlrertlon of municipal owner
ship of a water system. The foregoing re
view of the work of council, legal advisers,
engineer and committee must convince
any honest mind that everything has been
done that could safely he undertaken, that
every inch of advanced ground has been
occupied as fast as possible, and that now
the lapse of a brief period of time and the
execution of such acts as may be suggested
by the city's lepal advisers are all that
separate us from municipal ownership In
There has never been any doubt as to the
wishes of the people In this matter: their
attitude has been positive and unequivo
cal for municipal ownership, and no act
of council, legal advisers, engineer or com
mittee can be honestly interpreted to mean
anything but complete acquiescence to this
demand. If more radical action has been
declined from time to time, it has been
done in obedience to legal barriers and
with the one object of avoiding complica
tions which would avail naught but to
defer the actual acquirement of municipal
As the business man in the conduct cf
his practical affairs entrusts all legal
questions to competent legal advisers, so
those now in authority In municipal affairs
have deemed It hut Justice lo the citizens
whose interests they represent to make
of this matter a legal rather than a politi
cal contest. At all times have Ihe legal
advisers of the city been fully consulted
and the degree of respect evinced for their
able advice Is shown by the accompanying
letter from Messrs. W. K. Dunn nnd Lee
& Scott. Desiring to leave undone no step
possible of execution, this committee has
asked legal counsel lo suggest any further
action deemed advisable at the present
time; it is in answer to this request that
the enclosed letter Is submitted.
LOS AN'f'.ELES. Cal.. January 21). IR9R.
To the Water Supply Committee of the
Council of the City of Los Angeles—Gen
tlemen: We are In receipt of your eommu
nlcatlon of date 27th January Instant, ask
ing- u« for any advice we may have to five
with regard to any action to b* taken by
the council' at this juncture of Its affairs
with the City Water company.
In our Judgment, the council has up to
this time taken all the steps advisable
from a legal standpoint in the matter of
the taking over by the city of the water
works und plant now In the possession of
the City Water company, under tho terms
of the existing contract nnd lease between
the company's predecessors and the city.
We shall have suggestions to submit from
time to time for your consideration in pur
suunce of what we believe to be the proper
plan of procedure on the part of the city,
but we have none to offer at present.
We may properly say In this connection
that your committee and the council have
sought and followed our udviee In all ac
tion it has taken ln this matter, ns well
as ln refraining to tnke certnln steps sug
gested by a desire to carry out the will of
the people for municipal ownership of a
system of wnter works at the curliest pos
sible moment, but which action we, us the
lcgnl advisers of the city, could not ap
We reenll but one Instunce In which our
advice bus been disregarded, and that was
when council required from us, against
our protest, a formal opinion upon the
validity of the water contract und lease.
Our protest was bused upon our tlrm con
viction that, in a contest of this character,
where the vital Interests of the city are at
stake. It ls v suicidal policy to Inform our
opponents of the position and plans adopt
ed for the maintaining of the city's rights
by premature public announcement or dis
cussion of the sume.
Respectfully submitted.
(Signed) W. E. DUNN, Attorney.
LEE & SCOTT, of Counsel.
In keeping with the Justified feeling of
dependence upon wdse legal gutdnnee In
solving the complicated phases of lids
all important subject, your committee feel
11 to be a wise. Judicious und prudent policy
to move at the present and In the future
In strict conformity with the advice of the
city's counsel, being always zealous ln the
defense of every right and assuming Un
aggressive wherever the Interests of the
city demand such action.
Your committee respectfully await such
further commissions as your honorable
body may from time to time entrust to It.
The report was received and filed.
At the evening session, after all other
business had been closed up. Council
man Baker moved that the report of the
water committee be taken from the file.
There was no opposition, and Chairman
Silver inquired If there was any further
business before the council.
Councilman Baker again took the
floor. "I move that the report of the
water committee be approved," said he.
The motion was seconded by Council
man Mathuss.
There was a moment of silence nnd
then the motion was put.
Cnuncllmen Ashman, Silver, Baker,
Blanchard, Mathuss, Nickell, Hutch
ison and Toll voted In the affirmative.
"The motion is carried unanimously."
said the chairman, "und the report of th>
water committee is udopted."
The council then adjourned.
Cannot Be Outlawed in the Civil
STOCKTON, Cal., Jan. 31, —The Su
perior Court this morning dismissed the
case of the Third Haptlst Church against
F. C. Goodman, pastor of the Second
Baptist Church, thereby sustaining the
demurrer of the defendant, on the
ground that the court had no Jurisdic
tion relating to religious differences be
tween churches.
The action was brought by W. A.
Brlnkley, pastor of the Third Church
(colored), and In the complaint he de
manded damages and prayed that the
rival church be closed up on an order of
the court on the grounds of "ecclesiasti
cal outlawry." Pastor Brlnkly was the
attorney for the plaintiffs, he having re
cently been granted a license to practice
In his decision, which was quite
lengthy. Judge Budd declared that the
court had no jurisdiction to either close
up the rival church, revoke the clerical
license of the pastor, or that it had any
jurisdiction whatsoever.
Sacramento Police Courts Have No
Legal Existence
SACRAMENTO. Jan. 31.—Judge E. C.
Hart of the Superior Court today ren
dered a decision in a habeas corpus case,
the effect of which is to abolish the Po
lice Court of Sacramento, the Judge
holding that under the law and the new
charter there ls no warrant for the ex
istence of such court. Therefore all
convictions had in that court, as a Po
lice Court, are void. He says the court
has no legal existence whatsoever.
The present officials of the court, how
ever, will, it ls believed, hold their places
by reason of a clause in the charter pro
viding for the creation of a City Justice's
Court. But the decision promises to
give rise to many interesting complica
tions in regard to this matter, us well
as to proceedings held In the past few
years in the police tribunal.
A Feud Ended
M'MINNVILLE, Ore., Jan. 31.—Fred
Clemens and Paul Duclo were out hunt
ing and met by accident near the Wi
llamette River. Duclo saw Clemens and
changed his course to meet him. When
within ten feet Duclo told Clemens he
Intended to kill him, and brought his gun
to his shoulder. Clemens warned him
to lower the weapon, and, as the warning
was not heeded, Clemens quickly raised
his gun and fired at Duclo's face and
killed him instantly. Duclo was found
dead with the cocked gun by his side. A
Coroner's Jury verdict was justifiable
homicide. A feud had existed between
the men.
By Dunkards Colonised ln the Holy
CHICAGO, Jan. 31.—A special to the
Tribune from Schubert, Kan., says:
George Yantic and A. M. Hyde started
last night on their Journey to the Holy
Land, where they go to carry assistance
to a colony of Dunkards, who went to the
Palestine In November, 1896.
Mr. and Mrs. Joseph Myers and Mr.
and Mrs. Yantic claimed to have re
ceived a revelation from God with direc
tion to visit the Holy Land. At the head
of a party of Dunkards they started In
November, 1896. Nothing was heard
from them by friendß until recently,
when a letter reached the brother of
Yantic at Shubert -relating tales of suf
fering, distress and death.
The party went direct to Jerusalem.
They traveled some distance from there
to find further evidences of Divine revo
lution. The death list so far is now
known includes live persons from Smith
County, Kansas, two from Shubert and
three from Philadelphia.
Harity Not Removed
WASHINGTON. Jan. 31.—Chairman
Jones of the Democratic National Com
mittee, says there Is no truth ln the
statement that he removed Wm. F. Har
rly and substituted the man designated
by the Pennsylvania Democratic State
Committee as his successor.
LAHIMORE, N. D.. Jan. 31.—The
First National Bank of this city did not
open Its doors today. It appears that
the bank has not been In easy condition
for some time, owing to slow collections.
During the last sixty days there have
been withdrawals of deposits amount
ing to $60,000. The bank has a capital of
150,000. and on December 16 last owed
depositors $71,734. Bank Examiner En
heyser has been placed In charge.
Will Breed a Pest
CHICAGO, Jan. 31.—A special to the
Chronicle from Lexington, Ky., says: An
establishment for the breeding of Jack
rabbits will be a new enterprise here.
General W. H. Gentry, who bred Rose
Turner and a number of other trotting
horses, has bought 30 head of JaeU
rabbits. He is building an enclosure on
live acres of ground suitable for breeding
rabbits, and proposes to chase them with
his hounds for the amusement of himself
and friends.
General Gentry is a member of the
National Fox Hunters' Association.
The racing will be done over a 500-acre
tract of land adjoining the rabbit park.
A Moderate Drinker
NEW YORK. Jan. 31.—0n board the
steamer Alexandria, which arrived last
night from London, was Lieut. Thomas
Walsh, U. S. A., who has been sent home
in the care of Captain Marshall, on ac
count of alcoholic mania. At quaran
tine, Walsh attempted to jump over
board. He was secured and locked In
his stateroom, where he will be kept
until turned over to the care of friends.
A Perjurer Sentenced
SACRAMENTO, Jan. 31.—Richard
Shaw was today sentenced by Judge
Hart of the Superior Court to seven
years' imprisonment ln the penitentiary
at Folsom. Shaw had sworn falsely at
the trial of Lynch, Howard and Duvis,
robbers, who are now serving time in
State's Prison.
Easily Ascertained
"I don't deny that he's brilliant, but
has he staying qualities?"
"H-m-ml I dqn't know. You might in
vite him to call."—Chicago Journal.
Opinion of an Eminent Jurist
Ballot reform in New York was neces
sary, says an eminent Jurist, because mere
politicians by trade who had no Interest
in government or politics except to en
rich and aggrandize themselves sought
perpetual control. There are other excel
lent reforms besides that of the ballot.
Conspicuous among them is the reform,
promptly and thoroughly effected. In a
disordered physical system by Hosteller's
Stomach Hitters, which counteracts ten
dencies to serious disease bred by a de
ficiency of vital stamina. Irregularity of
the bowels, stomach, liver or kidneys, and
Inquietude of the nerves. This sterling
medicine, which has for nearly half a cen
tury won because It deserves popular favor,
is commended by physicians of eminence
who accord It their approval, not only for
lis excellent qualities In a remedial capac
ity, hut also for Its serviceable properties
BS a medicinal stimulant. II soothes and
strengthens the nerves and Is far prefer
able to the heady, unmedlcated stimuli of
Albert Henry Miller: born October 31,
1874; (lied January 31. 1898. Funeral tomor
row, Tuesday, February Ist, at 2 p. m.,
at 220 8. Water st.

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