The herald. [microfilm reel], August 06, 1898, Page 8, Image 8

About The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900

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8
WHEELS OF JUSTICE
TURN VERY SLOWLY IN WATER
LITIGATION
CASES CONTINUED ONCE MORE
This Time Until Wednesday Next.
Water Company to Collect No
Rents in the Meantime
After two hours of sparring for points,
consultations, conferences and argument,
the counsel ln the water litigation ugreed
to another continuance of the matter until
Wednesday of next week. The city seemed
very loath to agree to the continuance
and insisted that, tf it were granted, th*
court should again issue a restruln.ng ordt,r
to prevent the company from collecting wa
ter reots In the Interim. Judge Shaw hud
granted such an order when the city's case
was filed ln his court, but on transferring
it to Judge Osier's jurisdiction on Thursday
th - temporary restraining order was re-
scinded, Judge Shaw finding that It would
be Improper for him to pass Judgment In
any manner on a case which was subse
quently to be heard on its merits before an
other court.
When court convened the company'?
counsel begged leave to stale the situation,
and Ssnator White set forth the facts as
follows:
"When court adjourned yesterday lt was
the agreement between counsel that thi
city's answer to the company's petition
should be ln by 2 oclock in the afternoon.
The opposing counsel were unable to get
the papers done before 6 last evening, and
Judge Chapman did not see them until this
morning. At 9:30 we were again deprived
of the opportunity to examine them by a
request, that they be returned, to er.ab'e
the city's attorneys to make copies of them.
We are. therefore, unwilling to go on with
the argument unless it be stipulated that
we have an opportunity to lite later su<h
affidavits as may be necessary to meet
the city's answer. We have dictated BUch
affidavits as we think will be necessary to
meet the answer, but cannot tell whether
or no: we have foreseen what counsel will
set forth. It was evidently a mistake to
no; have your honor come at a later date,
and we would like to proceed with the ar
gument, but do not feel that it would be
wise to go on unless counsel stipulated as
we have suggested."
Attorneys Scott and Dunn, for theieity,
were willing to agree to the company's sug
gestion, but asked in turn that, should It
be nedessary for tho city to file another
answer, the same privilege should be grant
ed to them. Senator White felt that such an
additional stipulation would make a very
complicated agreement and was unwilling
to go that far.
"The Court has been wading through
these labyrinthlan petitions for two days,"
said Judge Osier, "and understands the
Situation thoroughly, but the question Is,
arc we going to reach a conclusion quick
est by going on or by waiting?"
Senator White then asked the privilege
of a conference, and the attorneys all with
drew. After their executive session came
• consultation with the court ln his cham
bers, and at noon a continuance until next
Wednesday morning was announced.
The city's unwillingness to agree to the oon-
tlnuanre of the cases unless the restrain
ing order was again put in operation was
the cause of the long conference, and the
point was finally the subject of a compro
mise. The restraining order was not re
newed, but It was agreed on the part of the
company that no collectors should be sent
Out. All water rents paid at the office of
jhe company are to be received, and col
lections for service connections and tem
porary service contracts will be made, but
the collectors will not make their visits to
regular consumers.
Judge Oster Is supposed to be on hi? va
cation and will, therefore, not re'urn to
Ban Bernardino, but Intends spendinig the
•text few days with relatives in the coun
try.
MORE LIGHT
Hew and Voluntary Witnesses in the
Beard Seduction Case
It appears as If Ernest Beard, the boy
Who is charged with seducing Ada Voss,
has "taken a tumble" to himself and re
fused to marry the little schemer under the
terms which she proposed, namely, that
tie should previously sign a contract agree-
Eto support her after marriage and that
mother must become his surety ln the
nJaotlon to the extent of at least (250.
Yefrerdgy's developments came ln the
form of Information concerning the girl's
past character, or lack of it, and the in
formant was a resident of University
named Wicks, who saw The story of the
case In tho papers and voluntarily came to
the district attorney's office to prevent. If
possible, the wrong that he believed was
being done. Mr. Wicks stated that about
a year ago the mcther of Ada Voss. who
lives at Woodland, and Is a friend of his.
sent the girl to his home In University,
with the request that she be allowed to
remain there for a time. The mother
frankly acknowledged that the girl had
been running wild, nnd had gcrtten beyonft
her control, apparently caring for noth
ing but the company of the boys ln the
whole neighborhood. She. therefore,
thought that If the girl was thrown among
strangers for a time she might settle down.
Mr. Wicks took the girl us a protege, but
the parent's Idea that she would settle
down proved decidedly erroneous. All the
boys in the suburban town seemed to
know her ln a Jiffy, and It was only a short
tune/ till she was staying out until all
hours of the night. Her temporary guard
ian pleaded, coaxed and advised with her
in vain. The crisis came during the Fllßta
of last year, when the girl one night got
gloriously drunk and*~ralsed Cain in gen
eral, seeming to be everybody's property.
Mr. Wicks could not stand this, so tlnully
threw up his contract and nred The girl
out Into the cold, cold world. Hefore the
wind-up, however, the giddy young crea
ture confided to Mrs. Wicks that before
leaving Woodland she had for three years
heen intimate with a prominent man of the
town.
Since she left his home Mr. Wicks has
kept no account of the girl's doings or
whereabouts and her mother, now remar
ried and bearing the name of Mrs. A. J.
McDonald, has either had no Interest or
no control of her. Miss Voss is now living
at the corner of Main and Third streets,
and Is only IS years old. Beard, who stands
charged with her seduction, is employed In
an attorney's office in this city and is only
a boy. Ho is now out under bond and will
have his preliminary hi arlng in the town
ship court tomorrow afternoon at 1:30.
SUPREME COURT
Four Decisions Affirming Judgment
of the Lower Court
Four supreme court decisions handed
down yesterday affirmed the judgments of
the superior court of Los Angeles County
and In two Instances denied motions for a
new trial.
In the case of E 1.. Mavherry against
Cook & Langley, the plaintiff had been
awarded a judgment forsl3oo.lß, an amount
due from the defendants, who. as comnil- e
sion merchants, sold a lot of oranges for
May-berry. The commission men set up a
claim thnt they had become insolvent be
fore the plaintiff started his suit. The
courts found differently, however, and d\
nled a motion for a new trial. The case,
was appealed on both the motion und the
judgment finding, and TTie supreme court
now affirms both derisions.
Espan Slmonson and Bengtta Simnnson,
as husband and wife, filed a homestead
declaration In December, 1893, on a piece
of land worth about $4000. G. H. ESmery
subsequently secured a Judgment against
Bengtta Slmonson for $1043 and tried to
sell the homeate ail tract to satisfy the deb.
The sheriff was prevented from so doing
by an Injunction which the courts finally
made* permanent. The appeal has now re
sulted In an affirming order from the t-u
--prome court.
In the cases of S. C. Dodge against P. S.
Klmple. (i suit for mntiey due on a build
ing contract, and Annette Thaxter against
Wheeler M. Inglis and others, a dispute
over the boundary lines of two pieces of
land, the supreme court affirms the lower
court's judgment, and In the latter ease
denies fhe motion for a new trial.
TWO DIVORCES
Court Continues to Put Asunder What
God Hath Joined
Judge Shaw's divorce decrees have not
been very far behind the marriage li
censes in number this week .and the merry
grind goes steadily on.
Yesterday two decreeis were granted.
The first was to Addle Levy, the wife of
Samuel Levy. The couple were married
ln January of lSall. and the husband de
serted his family In the same month of
last year. The wife prayed for a decree on
this ground and it was granted, together
with the custody of their 5-year-old child.
In the second case the husband was the
petltoner, the proceeding being brought
by Arthur E. Vesper against Idell X.
Vesper, also on the ground of desertion.
They were married ln 18S1, and the deser- :
tlon took place last year. Decree was
granted as prayed for.
JUDGE ROSS SUSTAINED
Bona Fide Settlers Will Hold Their
Lands
The final decree from the United States
supreme court in the case of the govern
ment against the Southern Pacltlc railway
LOS ANGELES HERALD: SATURDAY MOKITONG, AUGUST 6, J398
company, sustaining the decision oil Judge
Ross, was signed and entered ln the cir
cuit court. This decision was rendered
some time ago, defining the rights of bona
fide settlers on the over-lapping land grants
Ol tho Atlantic & Pacilic railroad, which tho
company was alleged to hold under a wrong
construction cf the law and Involving sev
eral millions of acres. The decree is not con
strued by the court as determining the
character of any of the lands with respect
to mineral, the title to which Is not con
llrmed.
United States Court Notes
The Federal grand Jury presented Its
final report yesterday and was discharged.
The Oro Grande train robbers. Clyde Ben
nington. L. D. Halle and Albert Casner
were re-tndlcted for the same offense, the
former indictments having been re-suh
mltted to the grand Jury on! a demurrer
sustained by Judge Wellborn. Kmll Ul
rlclv of San Diego was re-Indicted for send
ing obscene matter through the malls.
Petitions In bankruptcy were filed by Sam
Hess, a saloon keeper In Santa Ana, and
Mrs. Marguret J. Cain, a boot and shoe
dealer of Azuea. Mrs. Cain's IInbl!ltie«
are 13,326.49. assets In stork, 13,(164.23. An
order of reference was made In both peti
tions to W. D. Stephens, rooms 5 and 7,
Lawyers' block, Temple strfet.
Hay Blllingsly. of Santa Ana, was ap
pointed referee in bankruptcy for Orange
county.
The t'nited States district court ad
journed for the term.
Echoes of a Mining Seal
Julia Waring Parks has brought suit in
the superior court against the Senator
Mining company of Arizona, by which sh.
seeks to recover on a note of $:!o.im This
note is made payable to John C. Beatty
,md also bears his signature us president
of the mining company. It Is dated April
22d. and is payable on demand. Plaintiff
alleges that Beatty transferred It to Har
riet A. Waring and she In turn transferred
it to plaintiff, who Is now forced to sue for
payment.
Suit for Board
Hx-Constablc Joe Hunter, who resigned
his office during the excitement over the
killing of the Garvanza Chinaman, was
yesterday a defendant In a suit for a beard
bill in Justice Young's court. The plain
tiff. Mrs. Lucy Whin ley. Is a Catallna resi
dent and the debt was Incurred by Huntei
Home time ago. As the defendant did not
jppt-ar the court awarded judgment
against him for $21 and costs.
Naturalization Record
The following Is a list of tho now citizens
sworn in by Judge Shaw's court yesterday:
Walter Oalt Barnwell, Great Britain;
Frank L. Qelchrist, Oreat Britain: Jeus
Hansen, Denmark; Adam Brandle, Ger
many: John Lowe, England; Albert Ben
son, Sweden; John Wlllock, Scotland; Hl
ram K. Williamson, Canada; John L. Ste
venson, Scotland; Hugh Aiken, Ireland;
Dennis Madlgan, England.
Court Notes
Grace M. Cook, the grandmother of Grace
Page Cook and James Bailey Cook, aged
", and 3 years, respectively, was granted a
decree of adoption In Judge Shaw's court
yesterday. Allle Cook, the mother, con
sented to the action.
Mary N. Soper, the mother of seven chil
dren ranging from 3 to 17 years of age, has
petitioned the superior court for letters of
guardianship in the matter of an estate
left to the children by deceased relatives.
Martin N. Nolte has brought suit against
F. S. Wood to eject him from certain prem
ises on which he Is alleged to have failed
to pay rent.
A s lit ln partition has been filed by i:xu
pere and Vincent Sentous against Louis
Sentous, by which lt Is desired that about
D 313 acres of the Puerto rancho and 44 acres
of another tract shall be equitably divided.
OF INTEREST TO NOTARIES
Internal Revenue Notes to Keep for
Reference
The provision In the war revenue bill
which requires a 10-rent stamp upon the
certificate required by law does not apply
to the certificate of acknowledgment of
notaries public In any case where lt Is a
part of the execution of the Instrument.
When the instrument Is properly stamped
as deed, mortgage c,r similar document, the
certificate of the clerk of the court certify
ing to notaries' official character, necessary
• makt it complete and valid to accom
plish .Is object, Is exempt from further
Remedies that manufacturers or drug
gists may have on hand stamped with nr.
eld revenue stamp under a former law .'ire
no longer valid. Dealers will be required
to stamp medicines und'r the lute law.
This decision was given by Commissioner
Scott In reply to a letter from the J. C.
Ayer company of Lowell, Mass.
A customer bringing a bottle to a drug
store for a pint of wine must have a stamp
put on by the denier. The law applies
whether the dealer or the druggist supplies
the bottle.
Certificates of stock ln corporations of
fered as collateral must be stamped if the
debt secured exceeds $1000. The stamp tax
Is to be reckoned, not en the face value of
the certificate of stock pledged, but on the
amount of the money loaned thereon.
Theatrical performances nnd venders of
patent medicines with music and variety
entertainments attached are taxable.
Church entertainments by horn" talent,
without any hired performers, do not come
under the head of "public exhibitions or
shows for money." nor does a lecture, even
when Illustrated by. lanterns views, when
gives for churches and benevolent societies,
come undpr the law.
Electric belts, though mechanical de
vices, are not taxable.
The one-eighth-cent proprietary stamps
and the |1, 13 and $5 documentary stamps
will be here in a day or two. Proprietary
stamps are being forwarde d to dealers very
rapidly, but the supply on hand will not be
adequate to the demand.
Gold Found in the Philippine Islands
On Mindanao, one of th" Philippine is
lands, gold is found in th" river bpels, but,
owing to the primitive conditions prevail
ing there. It is not known how rich thes»
deposits are. With the advance of civilisa
tion in tho- Philippines, however, this mat
ter will be fully investigated by shrewd
prospectors. Great discoveries may be
I made, hut no discovery was ever greater
1 lhan Ilostetler's Stomach Bitters, which
j civilization long ago investigated and
found to be all that is claimed for lt. In
cases of loss of appetite, indigestion, bil
! lousness and constipation it acts In a truly
wonderful manner. The bowels are made
to act mildly, the desire for food Is) In
creased, sour stomachs are sweetened, and
a healthy color Is given to the face. The
Bitters also reach the blood and purify it.
A trial is recommended.
"Flying Dutchman"
This train leaves Los Angeles ltivcrsta-
I tlon on Sundays at S:3B a. m.: Arcade depot
lat S:SO a. m. Makes no stop after leaving
Arcade depot until Santa Monica is reached,
22 minutes later. Southern Pacific company
! lead. Special service. See card In this
paper.
Latest styles wall paper at A. A. Eck
strom's, 324 South Spring strett.
THE COLORED BRETHREN
ELECT J. J. NEIMORE OF LOS AN
GELES PRESIDENT
The Business of the Congress Crowded
at the Last Minut&—Cake
Walks Condemned
PASADENA, August s.—(Office of the
Herald, 553 Colorado; street.) This was the
closing day of the Afro-American congress.
Looking back over the past four days In
which the congress has been In session th«
delegates must admit thnt they have ac
complished little besides entering a Jolly,
sociable time. In fuct. this Is admittedly
the principle use of the league. Nearly
the whole of the colored population belong,
though not all are active members. The
northern and southern parts of the state
disagree. "We don't want those northern
fellows to run everything thsir own way."
is a sentiment which is constantly being
expressed by tho south, and the northern
fellows are Inclined to endeavor to railroad
their resolutions through, elbowing their
bre'hren aside.
Considerable political strife delayed the
congress until to-night there was mora
business in hand to transact than has been
accomplished In the past three days' bcs
llon, mainly in the election of officers. At
10 o'clock orly three nominations for presi
dent had been made, viz: Dudley Bebree
J. J. Nelmore of Los Angeles
and C. Ci Flint. These nominations were
made amidst a storm of argument and chal
lenge and resulted in the next thing to a
riot. Finally at about 11 o'clock a ballot
was taken and J. J. Nelmore of I.os Angeles
was found to have been elected. The elec
tion was tlun made unanimous.
Among the resolutions passed this after
noon was one memorializing congress to
pass a bill to incorporate the Frederick
Douglass memorial and historical society,
the object ol which is to preserve the mem
ory of Frederick Douglass and his work.
When this bill has been passed the hund
snme estate of Frederick Douglass near
Washington, D, C, comprising a residence
and elaborate grounds. I'D acres ln extent
will be donated to the society. The Incom
ing state executive committee will further
the business of this resolution.
A resolution was passed condemning
cake walks.
A resolution was passed deploring the
lynching of negroes nnd providing for the
assessment of secret societies, churches,
etc., of fl each for a fund to carry out the
work of suppressing lynch law.
President McfClnley's administration was
endorsed, and the manner in which th?
present WBV is being conducted is particu
larly approved.
It was decided to ask the legislature to
repeal the statute which forbld3 blacks
to marry whites.
A resolution was passed requesting the
press and pulpit to denounce the lectures
of J. T. Graves against the black people
as utterly false.
Row S. W. Hawkins of I.os Angeles was
REGAINED HEALTH.
Gratifying Letters to Mrs. Pink*
bam From Happy Women.
"I Owe You My Life."
Mrs. E. Wooi.niSEit,
Mills, Neb., writes:
" Dear Mhs. Pinkham : —I owe my
life to your Vegetable Compound. The
doctors asiid 1 hud consumption nnd
nothing could be done for me. My
menstruation had stopped and they
snid my blood was turning to water. I
had several doctors. They all said I
could not live. 1 began the use of Lydia
E. Pinkham'! Vegetable Compound,
and it helped mo right away; menses
returned and I hnve gained in weight.
I have better health than I hnve had for
years. It Is wonderful what your Com
pound has done for mo."
I Feel Like a New Person."
Mrs. Geo. Leach,
ICO9 Belle St., Alton, 111., writes:
" Before I began to tnke your Vege
table Compound I was a great sufferer
from womb troublo. Menses would ap
pear two nnd three times in a month,
causing me to be so weak I could not
stand. I could neither sleep nor eat, and
looked so badly my friends hardly
knew me.
" I took doctor's medicine but did not
derive much benefit from it. My drug
gist gave me one of your little books,
and after reading it I decided to try
Lydia E. Pinkham's Vegetable Com
pound. I feel like a new person. I
would not give your Compound for all
the doctors' medicine in the world. I
can not praise it enough."
X Today and every Saturday dur- JC
y ing August, that our clerks may U
A enjoy a half holiday. A
6 Yille de Paris Q
(Jp 88l nml 283 Month Kroulwtf cj)
oo<x><x>o<x><>c<>o
A Mow Itooh, 248 Page*. Invaluable to
lnv lids by the FOO & WINCi If Elm CO
Win South Olive Street, Lob Angelca, Cal.
Dr. T. Foo Yen.
Msg aeala end examination free.
endorsed for tho place, of chaplain ln the
next legislature.
Brevities
The case of Violet and Will Holllns has
again come Into court. Some time ago
Violet sued Will for seduction under the
promise of marriage. Both parties nre
colored. Holllns settled the matter by
marrying the girl. Since their child was
born Holllns has failed to support his
family, and has been living with another
woman at Azusa. Holllns is considering
how to act ln the case. Mrs. Holllns and
child are being taken care of by friends.
The police wore called out at about 10
o'clock this evening by a telephone mes
sage from Mrs. Dr. Laird on South Marengo
avenue. Just south of the M. E. tabernacle
Mrs. Laird had heard a burglar In the
barn. I'pon Investigation, lt was found
that some harness hnd 'been stolen. Thero
is no clew as to the Identity of the burglar.
POSTOFFICE SERVICE
Civil Service Examination to Be Held
in October
Tho t'nited Slates civil service commis
sion announces that an examination will be
held for the postoffire service in this city
on some date between October 1 nnd 16, I*9B
All persons who desire to be examined
should apply to the secretary of the board
of examiners at Los Angeles for applica
tion blanks, and full Information relative
to the scope of the examination. Applica
tions on Form 101 must be Hied in complete
form with th" secretary of the board prior
lo the hour of closing business on Stptem
ber 1; otherwise the applicants can not be
examined. Boon after tiling applications
applicants will be notified us to the exact
date of examination.
Have No Jurisdiction
A warrant was issued for Lawrence F.
McGreal yesterday from Justice Owens'
STATE OF CALIFORNIA,
EXECUTIVE DEPARTMENT,
SACRAMENTO, July 30, ]B!>S.
WHEREAS, THE LEGISLATURE OF
the state of California, at its thirty-sec
ond session beginning on the Fourth day
of January, A. P. ISO", two-thirds of all
the members elected to each of the two
house of said legislature voting In favor
thereof, proposed the following described
amendments to the Constitution of the
state of California, to-wlt:
Amendment Number One.
(Being Senate Constitutional Amendment
No. 41.)
A resolution to propose to the people of
the stato of California an amendment to
section eighteen of article eleven of the
Constitution, in relation to revenue and
taxation, by which lt Is proposed to amend
said section to read as follows:
Section 18. Nn county, city, town, town
ship, board of education or school district
shall incur nny indebtedness or liability In
any manner or for any purpose exceed
ing in any year the Income anil revenue
provided for It for such year, without the
assert of two-thirds of the qualified elec
tors thereof, voting at an election to be
held for that purpose, nor unless before,
or at the time of incurring such Indebted
ness, provision shall be made for the col
lection of an annual tax sufficient to pay
the Interest on such Indebtedness as it falls
due. and also provision to constitute a
sinking fund for the payment of the prin
cipal thereof on or before maturity, which
shall not exceed forty years from the time
of contracting the same; provided, howev
er, that the city nnd county of ban 1 ran
cisco may at any time pay the unpaid claims
with interest thereon for materia.s fur
nished to and work done for said city and
county during the forty-third and forty
fourth fiscal years .out of the income and
revenue of any succeeding year or years;
provided that any and all claims for malt
ing, repairing, altering or tor any work done
•ipon or for any material furnished for. any
street, lane .alley, court, place or sidewalk,
or for the construction of any sewer or
sewers In said cltv and county are hereby
excepted from the provision- of this sec
tion' and in determining any claim per
mitted to be paid by this section, no stat
ute of limitations shall apply tn any man
ner- and provided further, that the city of
Vallejo in Solano county, may pay Its ex
isting indebtedness incurred in the con
struction of its water works, whenever two
thirds of the electors there..l. voting at an
election held for that purpose shall so de
cide Any indebtedness or liability incurred
contrary'to this provision, with the excep
tion hereinbefore recited, shall be void.
Amendment Number Two.
(Being Senate Constitutional Amendment
No. 10.)
A resolution proposing to th" people of
the state of California an amendment to the
Constitution of the stale, by adding a new
section to be known and designated as sec
tion seven and one-half, article eleven
thereof providing for the framing by the
Inhabitants of counties, nf local county
government acts for their own government.
The said proposed new section to read as
follows:
Section 7>4- The Inhabitants of any
county may frame a county government
act for their own government, relating to
the matters herinafter specified, and con
sistent with and subject to the Constitution
and laws of this slate, by causing a board
of fifteen freeholders, who have been, for
at least live years, qualified electors of
such county, to be elected by the qualified
electors of'such county, at any general or
special election, whose duty lt shall be
within ninety days aft-r such election, to
prepare and propose a county government
act for such county, which shall be signed
in duollcate by the members of such board,
or a majority of •-hem, und returned, one
codv thereof to the bonrd of supervisors
or other legislative body of such county,
and the other copy to be sent to the re
corder of deeds of the county. Such
nroposed county government act shall
then be published in two papers of general
circulation in such county, or if there be
not two such papers, then ln one only, for
at least twenty days, and within not less
than thirty days after such publication tt
shall be submitted to the qualllird electors
of such county, at a general or special elec
tion, and If a majority of such qualified
electors voting thereon shall ratify the
•ami it =hall thereafter be submitted to
ihe legislature for Its rejection or appro
val as a whole, without power of altera
tion or amendment, and if approved by a
maiorlty of the members elected to each
house, It shall be the county government
act of such county, and shall in such case
become the organic law thereof and super
sede any existing county government act,
and all amendments thereof, and all spe
cial laws Inconsistent with such county
government act.
A copy of such county government act.
certified by the president of the board of
Supervisors or other legislative body of
fl county, and authenticated by the seal
nf such county, setting forth the submission
of such county government act to the elec
tors and its ratification by them, shall be
made ln duplicate and deposited, one in
the office of the secretary of state, the
other after being recorded in the office
of the recorder of deeds in the county,
„i the archives of the county.
S All courts shall take judicial notice there
of The county government act so ratified
™i v be amended at intervals of not less
than two years. by proposals therefor,
submitted by the leg slatlve authority of
the county, to the qualified electors thereof,
at a general or special elect on held at leas,
forty days after the publication of such
proposals for twenty days In a newspaper
of general circulation ln such county, and
ratffled by at least three-fifths of the qual
(led electors voting thereon, and approved
In submitting any such county government
.Witness my hand and the Great Seal of the State of California, the day and
year herein first above written.
JAMES H. BVDD,
Attest: Governor.
L. H. BROWN,
Secretary of State.
[SEAL.]
court, but. as lt was later found that the
courts of Los Angeles county have no juris
diction over the alleged offense, the com
plaint was withdrawn. He was charged
with the larceny of a wagon bed. Charles
Mattlngly of Ventura claims that ne
leased a wagon to McGreal, with the under
standing that It was not to be taken out
of that county. McGreal violated his
agreement and brought the wagon Into Los
Angcks county. As this Is a violation of the
law, Mattlngly sought to have him pun
ished. The offense had been committed In
Ventura county, however, so tho courts of
that county will have to be used ln the
prosecution of McGreal.
Richard McKenna, Irvine Ferry, Philip
Kolb and Dcvi Palmer, the quartet of boys
who are accused of committing a burg.ary
on the office of the Crystal Hock Salt and
Mining company on Suntu Fe avenue, were
arraigned before Justice MorrlHon yester
day, and their examinations were set for
Tuesday. W. W. Hlner will swear to a sec
ond complaint against the boys, charging
them with entering his bicycle repair shop
and stealing a pair of tires. Richard Fer
ry, another suspected member of Hit)
youthful gang, was arrested yesterday by
Special Officer Harder.
Deputy Constable Mugnemi arrested Ah
Fawn yesterday on a warrant charging
him with petty larceny. Joe Mns'aoheu
Claimed that th- Chinese had stolen money
from him at the Central market. Masta
chea had dropped the money on the pave
ment and the Chinese claimed lt belonged
to him. Fawn whs discharged.
Partners Come Together
J. T. Fitzgerald of the Fitzgerald Music
company pleaded guilty to battery ln Jus
tice Owens' court yesterday, and will be
PROCLAMATION
lpproval of the county government act.
n sttbmittlg any such county government
id any alternative article or proposition
nay be presented for the choice of the vot
!rs, and may be voted on separately wlth
>Ut prejudice to others.
It shall ba competent in all county gov
trnment acts framed under the authority
tlven by this section, to provide for the
nanner In which, the times at which, and
he terms tot which the several township
md county officers, other than judges of
he superior court, shall be elected or ap
pointed; for their compensation; for the
lumber of such officers; for I he consoliua
lon or segregation of offices; for the num
ber of deputies that each officer shall have,
md for the compensation payable to each
if such deputies; for the manner in which
he times in which, and the terms for which
he members of all boards of election shall
;e elected or appointed; and for the con
'titittion. regulation, compensation and
tovernment of such boards, and of their
tlerks and attaches; also, to prescribe the
nanner and method by which all elections
jy the people shall be conducted; and may
n addition determine the and condt
lons upon which eleciors. political parties
md organizations may participate in any
irimary election.
Whenever any county has. in the manner
md method herein pointed out, adopted any
:ounty government act, and the same shall
lave been approved by the legislature as
iforesald, the directions of sections four
md five of this article providing for the
iniformity of a system of county govern
nents throughout the state, and likewise
providing for the election and appointment
if officers, and the regulation of their com
pensation, shall not apply. Said eolfhiy
government act shall, as to any of fhe
natters hereinabove provided for and de
-lared by such county government act,
lot be subject to any law or amendment
-nacted by the legislature, except by
intendment first submitted to the electors
md ratified ln the manner hereinabove set
forth.
Amendment Number Three
[Being Senate Constitutional Amendement
No. 44.)
A resolution proposing to the people of
:he state of California on amendment to
he Constitution of the state, by adding a
lew ta ction, to be known and designated as
iection live and one-half, article six. there
by providing for the organization of a
.-curt, to be known us the court of claims.
Phe said proposed new section to read as
lollows:
Section 5Va- The court of claims shali
■onsist of any three judges of the superior
:ourt, who may be requested by the gov
»rnor to hold court at the regular terms
hereof. The court of claims shall have ex
clusive jurisdiction to hear and determine
111 claims of every kind and character
igalnst the state, under such laws as may
H' passed by the legislature, and Its judg
nent thereon shall be final. The te"rms of
:he court of claims shall be held as follows:
In the city of Los Angeles commencing on
the second Monday of March;
In the city and county of Sun Francisco,
•ommencing on the second Monday In July,
md
In the city of Sacramento, commencing
in the second Monday of November of each
rear.
The Judges holding such term of court
-hall receive no extra compensation there
for, but shall receive their actual expenses,
to be paid out of the general fund of the
• tate treasury. The legislature shall enact
ill laws necessary to organize such court,
tn provide the procedure thereof and to
larry out the provisions of this section.
Amendment Number Four.
(Being Assembly Constitutional Amend
ment No. 27.)
A resolution to propose to the people of
the state of California an nmendemnt to
the Constitution of the state, amending ar
ticle eleven, by adding a new section there
to, to be known as section number five and
one-half, relating to consolidated city and
county governments. The said proposed
new section to read as follows:
Section ZVt. The provisions of section
four and five of this article shall not. nor
shall any legislation passed pursuant there
to apply to any consolidated city and
county government, now existing or here
after formed, which shall have become, or
shrill become organized under section seven,
or secure a charter under section eight of
this article.
Amendment Number Five.
(Being Senate Constitutional Amendement
No. 36.)
A resolution to propose to the people of
the state of California an amendment of
section fifteen and section sixteen of article
five of the Constitution of the state of Cali
fornia, by which it Is proposed to amend
said sections to read as follows:
Section 15. A lieutenant governor shall
be elected at the same time and place and
in the same manner as the governor, and
his term of office and his qualifications
shall be the same. He shall be president
of the senate, but shall only have a cast
ing vote therein.
Section 16. In case of the Impeachment
of the governor, or his removal from office
death, inability to discharge the powers'
and duties of his office, resignation, or ab
sence from the state, the powers and duties
of the office shall devolve upon the lieuten
ant governor for the residue of the term
or until the disability shall cease. And
should the lieutenant governor be im
peached, displaced, resign, die, or become
Incapable of performing the duties of his
office, or be absent fr,om the state, tfio
president pro tempore of the senate shall
act as governor until the vacancy ln the
office of governor shall be filled at the next
general election when members of the leg
islature shall be chosen, or until such dis
ability of the lieutenant governor shall
eeri.se Tn ease of a vacancy In the n eri nA
Four Bad Boys
An Innocent Fawn
sentenced this morning. Mr. Fitzgerald wai
arrested on complaint of Fred T. Hl-anchard,
who was formerly a partner with Fitzger
ald. The latter admitted having hnd a lit
tle trouble with Hlanchard last June. Jus
tice Owens continued the case until this
morning In order to allow Mr. Blanchard
to be ln court and relate the circumstances
of the flghl.
Is Still Missing
There Is no trace of Jesse 8. Stlne, son of
Chief Deputy Zanjero Stlne. The missing
man drove to ths city about four weeks
ago from his ranch at Glendale with a load
of berries, which he disposed of at the cor
ner of Fifth and Hill streets, since then
nothing hns been heard nf him. The wagon
was found the following morning hitched to
a post on New High street, and ln the wag
on were some groceries which Stlne had
purchased. His father thinks he has met
with foul play.
The public Is requested to overlook any
shortcoming that may appear In our new
store today. An Immense amount of labor
Is necessary to properly place our stocks.
New stock open today from 8 a. m. to a
p. m.
Dr. Lyon's
PERFECT
Tooth Powdei
AN ELEGANT TOILET LUXURY.
Used by ppnp] o of refinement
of governor for ony of the reasons abova
named, and neither the lieutenant governor
nor the president pro tempore of the senate
shall succeed to the powers and duties of
governor, then the powers and duties of
such office shall devolve upon the speaker
of the assembly, until the office of governor
shall be tilled at such general election.
Amendment Number Six
(Being Assembly Constitutional Amend
ment No. 38.)
A resolution to propose to tho people of
the state of California an amendment to
section six, article nine, of the Constitution
of the state of California, relating to gram
mar schools by which lt is proposed to
amend said section to read as follows:
Section (i. The public school system shall
Include primary and grummar schools, and
such high schools, evening schools, vrormul
schools and technical schools as mat be es
tablished by the legislature or by municipal
or district authority, but the entire, rev
enue derived from the state school Jund,
and the state school tux, shall be applied
exclusively to the support of primary in<X
grammar schools. Grammar schools shull
include schools organized in a school dis-,
trlct, or union of school districts, having c
more than one thousand Inhabitants, in ■
which a course of study shall be taught 1
which will prepare pupils to enter the ag
ricultural, mining, or scientific department
of the University of California.
Amendment Number Seven
(Being Assembly Constitutional Amend
ment No. 34.)
A resolution to propose to the people of
the state of California an amendment to
section two of article four of the Consti
tution, in relation to sessions of the legisla
ture, by which lt Is proposed to amend
suld section to read as follows:
Section 2. The sessions of the legislature
shnll commence at twelve oclock meridian
on the tlrst Monday after the firm day of
January next succeeding the election of its
members, und shall be biennial unless the
governor shall in the Interim convene the
legislature by proclamation. The legisla
ture shall then remain in session for twen
ty-five days, after which it must adjourn to
some date not less than thirty nor more
than sixty days from the time of adjourn
ment. If the two houses fall to agree upon
a time at which they will resume their ses
sion, the governor shall, by proclamation,
fix a date for such reconvening, which shall
he within the limits above prescribed. Upon
reassembling the legislature shall complete
Its session. No pay shall be allowed to
members for a longer period than seventy
live days, und no bills shall be introduced
in either house except at the first twenty
live days of the session, without the con
sent of three-fourths of the members
thereof.
NOW, THEREFORE, Pursuant to the
provisions of the Constitution, and an act
of the legislature of the state of California,
entitled "An act to provide for the submis
sion of proposed amendments to the Con
stitution of the state of Ca,.fornia, to the
qualified electors for their approval," ap
proved March 7, A. D. 1883, the above de
scribed proposed amendments are hereby
published and advertised to be voted upon,
by ballot, by the qualified electors of the
state, at the election to be held throughout
this state on
Tuesday, November 8, A. D. 1898.
The said proposed amendments are to be
separately voted upon In manner and form
as follows:
Bach ballot used at such election must
contain written or printed thereon the fol
lowing words, whereupon the voter may
express his choice as provided by law:
Amendment Number One, being Sen- I
ate Constitutional Amendment No.
4J, (exempting certain claims against I
the city and county of San Francisco xol
and the existing indebtedness of the
city of Vallejo for the construction
of Its water works from the provis-- —
lons of the Constitution requiring
such clatms to be paid from the In
come and revenues of the year in No
which they were Incurred.)
For the amendment?
Amendment Number Two, being, Sen
ate Constitutional Amendment No. vei
1(1 (providing for framing local county)
government acts, by Inhabitants of no
counties for their government.)
For the amendment?
AmendmentNumberThree, being Sen- '
ate Constitutional Amendment No. 44
(providing for the creation of a court
of clatms to determine claims Yes
against the state, and to consist of{
three superior Judges designated by No
the governor, to serve without extra
compensation.)
For the amendment?
Amendment Number Four, being As- (
semblv Constitutional Amendment]
No. 37 (Exempting consolidated clt
les and counties, organized or to bel Yes
organized, or holding a charter un-"! —-
der the Constitution, 'rom certain l>o
legislation In relation to counties.)
For the amendment?
Amendment Number Five, being As- (
sernbly Constitutional Amendment I
No. 36 (relating to office of governor,-!
nrovidlng for succession thereto In *"
certain cases and removing dlsabll- „„,
Sty of lieutenant governor trom hold- «•
ing other office during term.)
For the amendment.
Amendment Number Six being As- f
sembly Constitutional Amendment Yes
No 38 (relating to and deiinlng gram-{
mar schools.) No
For the amendment t
Amendment Number Seven, being As
sembly Constitutional Amendment
too 31 (nrovidlng for adjournment of Yes
legislature for not less than thlrty{
nS more than sixty days during] No
each so s9lon ->
the nmendmenir 1