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12 DEEMS PENALTY UNDULY SEVERE WANTS LAW ON FICTITIOUS CHECKS ALTERED OFFENSE CLASSED AT PRESENT ALWAYS AS FELONY Deputy District Attorney McCormick Endeavors to Procure Passage of Amendment to State Penal Code An effort is now on foot, started by Deputy District Attorney Paul McCor mick, to change article 476 Aof the penal code of the state relative to thu issuance of fictitious checks. Accord ing to the code as it now stands, the issuance of a fictitious check, whether lor 10 cents or $10,000, is a felony, pun ishable by imprisonment for not less than one year. The issuance of a fic titious check may have been a caie less or unintentional act by a law-abid ing, solvent citizen, as In the case of bank overdrafts where men have cred it. But, according to the law, a man who issues a fictitious check, no matter ■what his justification or the amount of the check, is a felon. Dozens of people have appeared at I the central police station during the past few weeks seeking criminal pro ceedings against issuers of alleged fic titious checks. Some of these were merchants who had accepted checks for fcmall amounts from poor customers who meantime had overdrawn their ac counts. Most of these checks were for amounts under $2.50. No jury can be found that will convict a man of a fel ony? for passing a check of such a small amount, especially when there is some plausible reason for his doing so. A drunken man may give a check for a meal, not knowing what he is doing, and according to the law he is guilty of a felony. The result is that the deputy district attorneys are unable to get convictions. Even a judge will hesitate to inflict such unreasonable and severe punish ment for so slight an offense. "In or der to make the law effective it must be reasonable," explained Mr. McCor mick yesterday. "Prosecution would be more effective if the offense of issu ing fictitious checks In small amounts could be made a misdemeanor instead of a felony." A letter was sent by Mr. McCormick yesterday to Assemblyman William J. Hanlon of the judiciary committee of the assembly, explaining^the situation. Mr. Hanlon was urged to introduce a bill amending penal code article 476 A so as to made the issuance of fictitious checks of $50 and under a misdemeanor. "In this way we can secure more convictions and the ends of the law will be better attained than under the pres ent arrangement," said Mr. McCormick. In his letter to Assemblyman Hanlon Mr. McCormick cited the example of the theft of bicycles. "Most bicycles are under $50 in value, and the offense is classed as petty larceny. Thus we are able to secure convictions and have been successful in largely putting a stop to the theft of bicycles. But if the crime of stealing a bicycle were 4 classed as a felony we would not be *, able to get any jury to convict a bicycle i hief, for it would realize the punish n lent was too severe for the crime cora xt fitted." Mi *V FIND HEIR OF ROBBER'S VICTIM 3N FOREIGN LAND O. nly one person: .has been heard from as £ '. result of the> Inquiry begun in Oc totie r to discover relatives of E. L. Bom*, "nan, who was shot and killed by a rotob er in Long- Beach almost three mosit hs ago. Bouman left an estate vala« 'd at $9766, a'ceording to an ap prai* ?ment in t;he hands of Frank Bry son, i mblic administrator. Mr. Bryson, as special administrator, has c arried hfls search for heirs into many states and to Europe. The first response was received yesterday in a letter from I£. Bouman of Loesburg, Hollan d, who says he is a brother of the dec eased and asks for information. No clv« ! to th c Identity of the man who shot Be uman has been found. Eat a t the Angelua grill. Furniture Bargains We Have Absolutely Decided to Quit the Furniture Business. We can and will sell furniture at lower prices than any store in the t -city. Not a few "baits" here and *there. Everything radically reduced. Investigate, compare, and you will be convinced we . can save you money. WE HAVE: Dressers Iron Beds Brass Beds Chiffoniers ■ Bed Davenports Leather Couches Turkish Rockers Leather Rockers Library Tables Library Chairs Dining Tables Dining Chairs Parlor Furniture Ladies' Desks Music Cabinets Mission Rockers Mission Chairs Bookcases Rugs, Carpets Draperies, etc. Dußois & Davidson Furniture Company 212-214 West Sixth Street, Bet. Spring and Broadway. [MUNICIPAL AfllßSlW MUNICIPAL AFFAIRS BISHOP CONATY ASKS MONEY BE REFUNDED WANTS ASSESSMENT FOR STREET RETURNED Paid $3977 Under Protest and Now Claims Proceedings for Sixteenth Street Improvement Are Void Bishop T. J. Conaty has made formal demand on the city council for a re fund of $3977.85, which is the amount he paid the board of public works, un der formal protest, as an assessment on his property for the opening and wid ening of Sixteenth street, between Nor mandie and Arlington street. In his *sraand Bishop Conaty charges that a number of technicalities in the street improvement law were not ob served, and that the assessment there fore is null and void. He declares as his first point that the entire proceed ings for the opening and widening of the street were nullified through delay on the part of the city attorney's office in bringing the proper condemnation proceedings. The law declares proceed ings must be brought within sixty days after the ordinance ordering the work is approved. The ordinance for the condemnation of property to widen Sixteenth street was approved September 28, 1905, and Bishop Conaty represents proceedings were not begun in the superior court until December 22, 1905. Another complaint, and which if as represented appears an injustice, is that before proceedings were begun for this improvement Bishop Conaty trans ferred a portion of the parcel of land against which his assessment is made to the Los Angeles-Pacific for a right of way_^He declares that in sipte of the fact that this portion of the prop erty had passed out of his hands the assessment for it was charged against himself. Minor technicalities, such as the proper publication of the necessary no tices in connection with the work, are stated, and the demand is concluded by the declaration that the amount of the assessment is totally disproportion ate to the benefit to be derived. PARLIAMENTARY POINT WORRIES SECRETARY McKeag Puzzled to Know Whether Motion Lost by Tie Vote Disposed of Application Before Board A fine point in parlimentary law is troubling .Charles McKeag, secretary of the police and fire commissions. The cause of his trouble came up at the meeting of the fire commission yester day and he is at a loss to know whether an application for a gasoline engine was denied or merely a motion lost. The question was involved in the application of A. D. Perkins for a per mit to install a gasoline engine at 315 East Thirty-third street, where he has a factory for the manufacture of auto mobile wind shields. The matter has been before the fire commission for several weeks, as there is a vigorous protest against granting the permit by property owners in the vicinity. At the last meeting of the commis sion the mayor opposed granting the permit. The mayor was called away and could not sit with the commission yesterday, but left word if the Perkins application came up he was opposed to granting it because of the fire risk involved. When the application came up for action Commissioner Kolff moved it be granted and Commissioner McGarry seconded the motion. On the roll call Commissioners Kolff and Mc- Garry voted "yes" and Commissioners Schwamm and Larronde voted "no." The vote was a tie and Schwamm, who was acting as chairman, declared it lost. McKeag argues that had the motion been to deny the permit the vote would have been the same and the motion would have lost. Therefore the permit would not have been denied, neither would it have been granted. The mo tion being to grant the permit and this motion being lost, the permit was not granted. By the same process of reasoning the permit was not denied. In order to straighten out matters it is probable it will be taken up at the next meeting and finally disposed of. It is seldom there is a split vote among Mayor Harper's commissions. AUCTIONEER WILDE MAKES PROFIT ON CITY TAX SALE Sells Eleven Pieces of Property for $257 on Which $97 in Taxes and Penalties Are Due Yesterday's "dead hoss" sale conduct ed on the city hall steps by Charles L. Wilde, deputy city clerk, netted $257.20. There were eleven parcels of property In the sale, and the taxes with accrued penalties and all only amount to $97.35. This gave the city a clear profit of $159.85 for the tax sale. Over one piece of land in Garvanza the competition was keen. The amount of taxes on the property was but $16.31, but a number of bidders ran the amount up to $100, and it was finally knocked down for $101. In two weeks Mr. Wilde will hold an other tax auction and expects to have keen competition, as there are some ex cellent pieces of property to be sold. FIRE COMMISSIONERS MAKE SOME DEPARTMENT CHANGES A number of transfers were made by the fire commission yesterday on account of the resignation of Captain Charles H. Balzer of Engine company No. 17. This is a second class captaincy and Lieutenant Henry Stoermer of Engine company No. 9, who was first on the civil service eligible list, was ap pointed to the place. Walter V. Moon, first on the eligible list for lieutenant, was promoted from hoseman to Stoer mer's position. A position being avcant in the first class captaincies two second class cap tains were nominated for the place. One was Martin O'Malley, nominated by Commissioner McGarry, and the other Ira J. Maxwell, nominated by Commissioner Kolff. Maxwell was Los Angeles Herald COMMISSION HEARS CHARGES IN SECRET ONE PATROLMAN DROPPED FROM DEPARTMENT Woman's Loyalty to Husband Involved in Case Referred to Chief for Investigation—Officer Fined $30 At a secret meeting of the police commission in the police station yes terday a number of charges against patrolmen were heard and summary punishment meted out in two instances. Patrolman G. V. Ross was dismissed from the service for neglect of duty. He was discharged from the force by the McAleer police commission on the same charge, but the present commis sion had him reinstated at the head of the eligible list on his promise to be very good in the future. He forgot his promise and yesterday his star was taken from him. Patrolman W. F. Droegmeyer was fined $30 and ordered returned to work without loss of time for neglect of duty. He was reported to the chief of police by his sergeant for-refusing to go after a thief that had been pointed out to him. A pawnbroker named Silverstine tried to induce Droegmeyer to arrest a man he claimed was a thief. The suspect entered his Main street pawnshop and tried to sell a watch. Silverstine's records showed the watch to be owned by another person and he tried to de tain the suspect while he sent for the police. The man with the watch grew suspicious and hurriedly left the pawn shop. Following him out of the place, Silverstine saw Droegmeyer and asked him to arrest the man. The patrol man refused to have anything to do with the matter. The police commission was not duly impressed by the loyalty of a wife for her husband. Mrs. F. D. Staggs made charges of conduct unbecoming an of ficer against Patrolman E. W. Dorsey. Mrs. Staggs was not called into the conference to sustain her charges against the patrolman, but the matter' was referred to Chief Broadhead for investigation and report. Wifely Devotion Mrs. Staggs charged that while she and her husband were preparing for bed Christmas night at their home, 303 West Ninth street, they got into a friendly scuffle over an insignificant matter and in her excitement she screamed. Within a few minutes they heard a pounding on the door of their room and wlien her husband opened the door a pastrolman, whose name she did not know and two other men, ran into the room. She says they charged her husband with beating and choking her and smothering her with a pillo.w, which she says was not true, and which she toLd them was not true. She says they spoke j-udely to her, telling her to .shut her mouth or they would take boith to the police station. The patrolman whom she did not know took her husband down stairs and said he was going to take him to the j jail, but while waiting for the wagon Patrolman Doraey arrived and released I the man. Later she said Dorsey and the first patrolman came back to their room and took her husband away and later she found him locked up in the station. Charges of conduct unbecoming an j officer, preferred against Patrolman Henry J. Toomey by C. D. Hamilton, also met with little consideration from the police commission, largely because of a report which Chief Broadhead dug up. This report showed that Toomey had arrested Hamilton at 3 o'clock in the morning of January 7 on suspicion. Toomey had found him at that hour with two stoves and an ironing- board for which he did not give a satisfactory account. PROSECUTING ATTORNEY WANTS MORE OFFICE ROOM Police Commission in Secret Confer ence at Police Station Recom mends to Council That Request Be Granted Paul J. McCormick, deputy district attorney in charge of the city prose cutor's office, has asked Chief Broad head, as custodian of the central police station, to provide more adequate quar ters for himself and his assistants, and at the secret meeting of the police com mission held at the police station yes terday the matter was referred to the council with the recommendation that the request be granted. Four deputy district attorneys are in charge of the prosecution of city cases, and they have but two small rooms for their accommodations. The other four rooms of the suite are occupied by the city attorney's assistants. LICENSE CLERK'S REPORT SHOWS LARGE REVENUE More Than Half a Million Dollars Paid Into City Treasury for Privi lege of Doing Busi ness The last report year, ending Novem ber 30, 1908, was a banner one for the amount of revenue received from licenses, according to the annual report of^E. B. Lovie, license clerk. This report shows that $644,300.35 was collected in license fees, in addition to which $12,210 has been collected for dog licenses since June 1, the end of the fiscal year. These licenses include everything; wholesale, retail and restaurant, liquor, auctioneers, mediums, billboards and In all sixty-seven different businesses and professions which are under the license ordinances. ELEVEN FATROLMEN ARE APPOINTED BY COMMISSION Eleven of the fifteen patrolmen al lowed the police force for the next sixty days by the council were ap pointed by the police commission at their secret session yesterday after noon. The eleven are: W. L. Hagenbaugh, George H. Day, James F. Bean, Ray A. Hagenbaugh, G. B. Eisner, James H. Shafer, Harold Nlelson, D. C. Huling, Henry C. Ohowell, Phillip Bomar and Arthur J. White. GREATEST OF ALL SILK SALES 7600 Yards Bright New Weaves-The Surplus Lot Aft* of a Big Silk Mill-Great 75c, $1 and $1.25 Values T^ Silks that we bought at a tremendous sacrifice. Silks that we are going to sell under the same conditions. Read the headlines again. Just imagine, new silks right out of their original cases. A bit of good fortune—a lucky trade wind. The cleanest and best lot of silks that has come our way in many a day. They are worth dollar for dollar. The entire lot— yards— be thrown on sale today at one price—49c. They are worth 75c, $1.00 and $1.25. 27-Inch Satin Foulards Silk Overstripe Plaids 27-Inch Tussah Pongee 26-Inch Plain Colored Taffetas 20-Inch Black Taffetas All Silk Colored Pongees, Etc. Fancy Chevron Silks 26-Inch Black Taffetas Aisle 5, Friday. Hurry for best selection. A Manufacturer's Clean-up /J|§|i|k vll»^.?n F"lly 500 Children's Coats Bought rl% no (IMfcflmMk cjfik j>/=at Less Than Half Just Two Lots SA== wMmfmh ||iik^_J^^:^^ Now then, for news of what wo believe to be th 2 greatest sale of children's coats ever held on v^Wof A mWtf **//$ l>^^^f~^^M^ There are 500 of —the entire surplus of a well-known manufacturer. We paid spot N«f ff ll^v^i \V^«?^J;^&fl£s *^*^2y casn and took every one he had left. The price we paid was less than half, and we're going \ / :|i 'sLJiss& i £|<y£gfiffl?gJiP^y to sell them at less than half. 7 lp ■ r if 1 \»^K Y^2^s^m^^<y3 Beautiful broadcloth, serge and Packard flannel coats, as well as the fine bearskin coats; ,'/. Ik-' (■' HJwNv 3* \ ffllw'^^ I nearly every different color you can think of, including the best browns, navy blue, fancy checks •// juj \ y/§&%<4^}&&f:?&)l and novelties- Plenty of red coats. All are splendidly made and trimmed. Not shoddy coats 'ft -Ml i» \ \ IlM2a£&9& made for sale purposes, but high grade garments, every one of them. Lined with the best of ft :m « > M l \ r^^ k'<^^^^^l//l^\ sateen. Truly, it's to be the sensation of the town. Just two prices, this way: I -M J %\^ica&* /i3^'^iB^P rS^I ' —Children's Coats fi^y pa Lot 2 —Children's Coats $2 no r*R*'v^ i^p^ Worth $5, $6 and $7.50.. »P^.OU Worth $7.50 to $12.50 $0.70 jIT i^mi^M^-^^^m^' We'd be justified in asking $5.00 for them, Coats -of the finest broadcloth, fancy bearskin, shad- I / \ VI W ~s)fl§7Z' —' an(^ they'd sell like wildfire at that price, ow stripe velvet. The very best of linings, the best «£■? A— V_J JtLJ^j Every color and style in this lot, and ever of trimmings and the most expensive buttons; not /j 4^ . \ ■^SbSeL- - so many bearskins. Why, they shouldn't last a one worth less than $7.50, and from that they - .^SjfH Jt' A throughout the day at the price—$2.50. range to $5.50, $10 and $12,50. Priced at $3.98. " ' 4SB^& <J&t : «^ Groceries for Bargain Friday Top Coats for Boys, 2i to 10 Yrs, $2.45 Nice lean strips.* Can lancy Asparagrus Tips 45c gale price $2.45. ■ a tk= e~»ii r™.-,,,i*.i*.A ha. Package Fore*, Ideal Breakfast Food.loc -n *r* i ■**'.-.-.. 9 i^bs. sugar, Granulated Me 6 F^ Rolled Oatg Boys' Corduroy <*1 Boys' Knicker Suits if 10 Ban, Sa" soap 25C C~a,n Sugar Corn, Blue I^bel Bike PantS ....Jl Values to $6.00 $OAD 6 Lbs. Good Broken Rice 25c Brand, Can 9c Knickerbocker style, with buckles Made of good, sturdy materials in 7 Lbs. Pink Beans - Fancy Almonds, Paper Shell, Pound.".l4c atknee: fine grade English cordu- neat patterns of brown, tan. green _ w BX „„ „. „ roy; riveted buttons; taped seam. and gray shades. You'll appreciate Lb. 83c Coffee, Broadway Extra 30c 3 % .p oun Cans Salmon, Columbia All sizes sto 16 years. Today only, the heavy Italian lining and the Pkg. Fancy Seeded Raisins 8c River .'..25 c second floor, $1.00. workmanship—s3.4s. fAmWAISAMPZESALE- p B""i"»'" ™" i^r. . ' Prices take another big tumble «ft§ J 15c White India |r\ Sijs 15"^ 1/1 C* I J C IJ L AC\ Linon at IUC m Values Seldom tqualed at 4vc, -c sheer nuaiy n mi t of i 2 wm I * yards. >.o phone or mail orders. W AQ rt <h| Or ~^A Cfi AA Today, yard, 10c. * 08c, $1.25 and $3.00 4o<rwhit pT que j 0 »* o it. . er\<J-/ II j if i Assorted Welts IVC Many Selling at 5©% Under Value Bolt of 15c Eng . tl , 0 We planned this annual sample sale of shopping bags, and sent our buyer to the market with a determination to lish Longcloth. •• • «pl«l y eclipse the previous year's sale. Manufacturers who appreciate past favors and future business handed us the . „. —1*». cream of these samples. This year we were extremely fortunate, and present here four lots that are value wonders, v than m.«iin7t thu nriw every one of them, both shopping bags and purses. and more dii Table P m . 4 110 ILO I I A STANDARD DRESS PRINTS 5c LOt I 1 LOl L \ LOt «5 1 LOt 4 1 Good patterns, medium colors; i"^'*' " useful lengths. Limit of 12 yards. Consisting of seal and Small, medium and This assortment consists Bags that are worth up No phone or mail orders. Today, walrus leather bags; large size bags; assort- of bags and purses of as high as $10, but none yard sc. nickel and gunmetal ed leathers, moire, silk different colors; best of of them less than $4.50. 28-IN. PERCALES DRESS STYUES6c frames; Vienna and and leather lined; have leathers; values range Seal, walrus, French kid Good, firm grade; cheaper than strap handles. Different inside attachments; up to $4. The best of and alligator; fancy lin- calico. Neat figures and stripes, shapes. A bargain you'll many finger purses in- the maker's samples. ing; newest attach- 36-inch OUTING flannel ioc appreciate—sl.oo At\ eluded; values Qo r Special sale «1 IE ments. Sale $ 5 j)(| a material that would sell at values.. .".^"C tos3.soat ?OC price «pi.£O price -JJO.VU 12% c in the 27-inch width, and I I 1 this is 36. Yard, 10c. , WANT LIBERTY BELL BROUGHT TO PACIFIC MILLION CLUB ASKS HARPER TO CO-OPERATE Philadelphia Requested to Send His toric OM Relic to Coast for Ex hibition at Ail Large Cities The Million club of San Francisco has written the mayor asking him to take up the matter with the civic bod ies of Los Angeles in an effort to have the Liberty Bell brought from Philadel phia to the coast. It is planned to have all the large cities on the coast, including Portland, Seattle, San Francisco, Los Angeles and San Diego, set up a demand for the Liberty Bell that will reach to Phil adelphia and produce such a clamor the custodians of the bell will have to heed. The bell has never been this far west. When it travels, as it has in the past to worlds expositions, it is placed on a specially constructed car and is ac companied by a guard of honor, armed to the teeth and prepared to defend it with their lives. At whatever city the bell stops for a few hours it is made the occasion of a gala day, especially with the school children, v,ho cover it with flowers and hold patriotic demon strations in its honor. It is planned to have the bell ex hibited all along the Pacific coast and placed on exhibition at Seattle during the time of the Alaska-Yukon-Pacific exposition. The expense of moving the r.«ell with its guard amounts to thou sands of dollars, the trip to the last exposition at St. Louis costing approx imately $30,000. The expense of mov ing is borne by Philadelphia. HOSEMAN IS ORDERED TO PAY HIS DEBTS By order of the fire commission Harry Hicks must pay all his debts and a fine of ten days' pay or forfeit his position in the fire department. He was reported to the commission by his captain for leaving quarters without leave. When the commission investigated the matter it found Hicks owed a number of bills in the city. As it is the policy of the commission to compel the city employes over whom it has jurisdiction to keep square with the world, it ordered Hicks to pay his bills. The fine of ten days' pay was tacked on for leaving quarters without leave. MAKE FUTILE ATTEMPT TO HOLD UP POLICE OFFICER Patrolman Toolan Grapples with and Captures Mexican Wielding Gun, Both of Whose Companions Promptly Run A daring attempt to hold up a police officer was made early yesterday morning by three highwaymen who mistook the officer for an ordinary citi zen. One of the men is now in jail and the other two are being sought. Patrolman Toolan was walking along his beat on San Pedro street early yes terday morning, his uniform and star hidden by his rain coat. He saw three men standing in the shadow of a build ing and approached them. As he drew near the men sprang out at him, one covering him with a gun while the other two prepared to search him. Immediately the officer grappled with the man holding the gun. Too late the men saw they had attacked an officer, and the two companions fled, while Toolan was scuffling with the gun man. He finally succeeded in getting the weapon away from the man and Joe Sanchez is today a prisoner in the po lice station, charged with carrying con cealed weapons. Sanchez is a well dressed Mexican and admits not having worked for more than six months. He refused to reveal the identity of his companions and pre serves a stolid silence. Sanchez was sentenced to forty days' imprisonment by Justice Austin yesterday afternoon. It is hoped by the detectives that no will decide to tell the names of his would-be companions in crime before the expiration of fcis term. FRIDAY, JANUARY 15, 1909. HOTEL ALEXANDRIA AFTERNOON TEA Will be served in the Main Salon off Marble Lobby from 4 until 6 o'clock during the winter season, beginning Monday, Jan. 11. FIFTY CENTS MUSIC MUSIC BRACKETT SHOW IS BOOKED FOR AN EXTENDED LOCAL ENGAGEMENT The management of the Brackett moving picture entertainment has decided to continue its Los Angeles engagement indefinitely, so pronounced has been the public's appreciation of the excellent bills offered at the popular little theater. Hundreds of The Herald's holders of free coupons are in daily attendance, and all have been enthusiastic in their approval of Mr. Brackett's high-class entertain ment. Los Angeles has more moving picture shows than any other city of the same population in the country, and yet the at tendance at the Brackett house continues to increase steadily. The management constantly has in mind its purpose to provide a clean, bright, educational entertainment, and has more than succeeded. Free Admission (Good Only on Date of Issue.) THIS coupon entitles the bearer to one Free Admission to the famous Brackett Show at 423 South Spring street, be tween the hours of 12 o'clock noon and 6 o'clock p. m. \l presented no later than the date at the bottom of this coupon. The BRACKETT SHOWS are guaranteed to The Herald In writ- Ing by Mr. Brackett to be HIGH CLASS, CLEAN AND EDUCA TIONAL in character. This Is la keeping with The Herald policy wherein nothing morbid, no horrors or monstrosities may be pre sented to its readers. [Charge o Lo* Angeles Herald.] A city ordinance prohibits children less than fourteen years old from en tering any place of amusement ualess accompanied by an older person. Friday, January 15, 1909.