davidaulloa/AmericanStories huggingface dataset:
Daily Los Angeles herald., 1879-04-06
THE CONVICT LABOR ou Es r1oN.

THE CONVICT LABOR CUES rI0N.
EDITOR HERALD:-Although not
wishing to be dragged into any
newspaper controversy, but simply
sense of duty to express my
views on the Constitution, which is
freighted in my judgment with
great calamity to our State, still
I can not refrain from swering
the Erpress's question in yester.
days issue, sis the writer aware
that, under the present contract
system, the labor of the convicts is
hired out by the State to furniture,
and other manufacturers. who have
already competed out of existence Q
the small manufactured employ.
ing free laborW
I answer " Yes" do know that
convict labor is let out to contract.
ors who pay, / believe, so cents per
day for this labor. I also know
that the manufactured articles sold
by these men have been lower in
price than the same manufactured
articles made by others. IknOw this
has given great dissatisfaction to the
manufacturing interests in the
State for the reasons that the Er-
press has stated, viz, the men us
ing this cheap labor could under
sell those using Q dearer one.
The ELpreas says Furniture
making, the manufacture OF har-
ness and saddles, and other trades.
have been steadily followed in the
prison for the past twenty years, to
the great detriment of free labor,
and the section to which Mr.. de
Rarth Shorb objects is designed to
put an end to it.n
Here is the amusing part Of it:
If contractors using labor at SO
cents per day in the production of
any line of manufactures "compet-
ed out of existence the small man
ufacturers using free labor" how
much easier could they have ac-
complished this providing they paid
nothing for their labor. Will not
the State occupy the position Of the
contractor, who paid nothing? and
is this the way to afford relief to
the small manufacturers? I will
leave the question to others to an.
swer. Respectfully.
J. DE BARTH SHoRB.
San Marino, April 81, 1879.
Daily Los Angeles herald., 1879-04-06
The Best is the Cheapest.

Averill Mixed Paint; mixed
ready for use. White and all
shades and colors, In any quantity
required. Universally acknowl
edged to be the best and most dura-
BILE In all climates. The genuine
to be had In Los Angeles only O.
Harper, Moore & Co.'s Agents.
o. s. ORRICK, Gen. Agt..
San francisco.
Daily Los Angeles herald., 1879-04-06
Merchant Tailor.

Mr.. f. Veyessett, No. 7 Spring
street, calls the attention of the gen.
tlemen of Los Angeles to his large
stock of fashionable goods, compris.
Ing the latest styles of English and
Scotch tweeds, French and English
.iiagonals, broadcloths, casimerss,
silk and silk velvet vestings and all
other fashionable goods.
Mr.. F. Lindquist, one of the most
experienced and artistic cutters, Is
connected with this house and will
guarantee q perfect fit in all cases.
Jan. 5.tf.
Daily Los Angeles herald., 1879-04-06
A DOUBLE SHOT FROM GRANGER.
The New Constitution and Agricultural
Colleges.

EDITOR HERALD: Article 0, sec
ton !, Of our New Constitution,
says: "a general diffusion oi
knowledge and intelligence being
essential to the preservation of the
rights and liberties Of the people,
the Legislature shall encourage, by
all suitable means, the promotion
of intellectual, scientific, moral and
agricultural improvement
This sounds well, but what does
1t all mean? What are the equitable
means" the Legislature can use in
promotion of intellectual, scientific,
moral and agricultural develop
ment.n Are there any other means
at com mand excepting by the ere.
alton of schools charged with this
great work, and sustained at State
expense?
Is not this section, and the one
eliminating the high schools from
our system, singularly at variance?
In the first section the Legislature
is commanded to do that which the
other section absolutely prevents
Its doing. Does the course pre-
scribed in the primary and gram
mar schools accomplish all that this
section commands? II so, then the
high schools should be abolished,
and I can see no reason for the con-
tinuance of the University itself.
In order to promote agricultural
improvement" beyond what the
primary school course accom-.
plishes, the Constitution provides,
In article 4, section %, mo money
shall ever be appropriated or drawn
from the State Treasury for the use
or benefit Of any cooperative asso.
clation, asylum, hospital, or any
institution not under the exclusive
management and control OF the
State as State institution, nor
shall any grant or donation of
property ever be made thereto by
the State.n This helps agriculture
immensely by preventing the Leg
islature from giving any assistance
to the different agricultural socie.
ties throughout the State. These
societies organized for good pur-
poses must necessarily discontinue
their work. Respectfully,
]. DE BARTH SHORE.
Daily Los Angeles herald., 1879-04-06
Re.Opening.

+. Neitzke, the pioneer under
taker of Los Angeles, has re-opened
the establishment at No. 8 Spring
street (the old stand), where he
will hereafter be found in readiness
to attend to all business in his line.
The finest hearse in the city Is con-
nected with this establishment.
Daily Los Angeles herald., 1879-04-06

A telegram from Hon. B. D.
Woolf, Clerk of the Supreme Court,
reached Los Angeles yesterday,
stating that the judgment and or
der Of Judge Sepulveda In the case
of the Farmers and Merchants
Bank VS.. John G.. Downey had
been affirmed and that a remittitur
had been ordered to issue at once.
There has been 80 much discussion
Of constitutional law of late, part
of 1t contributed by the defendant
to this suit, that 1t Is pleasant to
know that the Supreme judicial
tribunal of California stands ready
to affirm the old fashioned doctrine
of the responsibility Of trustees.
In the HERALD Of December 29th,
1877, we published in full the opin-
ion and judgment of Judge Sepul.
veda in this famous case. 1t con-
tanned the following resume of the
facts:
This is an action by an :ncorpo-
rated bank against one who, at the
time Of the acts complained of. was
one OF Its directors, and its Presi.
dent. The complaint alleges SUBJ
stantially, that while President of
the bank, and a director, the de-
fendant and o. w. Childs, also
director, made loan of $15, 900 of
funds belonging to the bank, and
that in consideration of said loan,
the defendant and o. w. Childs
were to receive the one.third of all
the money (after deducting expen-
ses) to be realized from a certain
land speculation entered into by
Lindenfeldt and Melchert, to whom
the said loan OF $4,000 was made.
1t was contemplated that the veu-
ture would yield $4,000 and this
amount, after deducting expenses,
was to DO divided, two.thirds to
Lidenfeldt and Melchert, and one
third to defendant and o. w.
Childs. o. w. Guilds assigned his
interest In the matter to plaintiff
before the action was comm enced,
Plaintiffdemands judgment against
the defendant, requiring him to ex.
ecute to plaintiff an assignment of
all the right, title and Interest of
defendant In and to all the moneys
due or to be due him by the terms
Of the agreement made with Lin.
denfeldt and Melchert.
Judge Sepulveds next entered
into an exhaustive discussion of
the law and authorities governing
the conduct of persons managing
fiduciary trusts-the relation in
which our distinguished fellow cit
izen, Ex-Governor Downey, stood,
as its then President, to the
Farmers & Merchants Bank. He
concluded his able opinion as fol-
lows:
In view Of the foregoing princi.
Piles, I am constrained, after q pa.
tient and careful examination of
the evidence in this case, to come
the conclusion that the defendant
Is liable. The intlmation that the
case would be appealed In any
event, relieves me from sense of
responsibility as the party agrisved
will soon find full satisfaction, "
my views OF the law Of the cases
are held not to be correct by the
Supreme Court.
Let judgment be entered for
plaintiff.
After the lapse of a little over
fifteen months the Supreme Court
has affirmed Judge Sepulveda's
judgment, giving an impressive
lesson to persons more or less dis
tinguished who are called upon to
administer flduciary trusts.
Daily Los Angeles herald., 1879-04-06
LOCAL BREvITIES.
Palm Sunday.
The COLOR GUARD.

The Color GUARD.
The public schools reopen to.
morrow.
The Board of Supervisors meet
tomorrow.
A lost bracelet Is advertised for in
our New To-Day.
The steamer Senator will arrive
from San Francisco 10. morrow.
An experienced woman nurse is
advertised for in our New To- Day.
See advertisement of shawl
found, elsewhere in this mornings
HERALD.
The Hutchinson Family give o
farewell concert at the Fort Street
M. e. Church. See advertisement.
Angelefios at San Francisco ho-
tells on the 4th: L. NJ. Sanford, o.
r. Camp, The Baldwin; J. A. Bid.
well, Palace.
Col. E. e. Hewitt left yesterday
on u brief visit to San Francisco.
He will probably be back by the
middle Of the week.
See notice of f. X. Haines, trav-
cling agent of Wheeler g. Wilson's i
Sewing Machine Company, which
appears elsewhere.
The COLOR GUARD.
The San Francisco Post, Of the
4th inst, re.publislles from the
HERALD, IA Changers Views"
written by Mr.. J. de Barth Shorb.
Mr.. Julius Lyons, District Court
Reporter, left yesterday on two
or three days. paseo to the South.
ern end of the county.
The foot race at Agricultural
Park to-day, between the Messrs.
Thompson aud Davis, will doubt-
less attract q large crowd to that
popular resort.
Rev. A r. Mathes, of Farming
ton, Illinois, will officiate at the
Presbyterian Church, Good Tenn
plars' Hall, morning and evening,
to-day.
Judge Sepulveda, who has been
holding Court at San Buenaventu-
ra for Judge Fawcett, returned
home by yesterdays overland
train.
Rev. ]. d. Wells, Pastor Of the
Unitarian Congregation, has great
ly improved In health, and, we un
derstand, will officiate at Union
Hall to-day.
THE COLOR GUARD.
Mr.. George L. Shaw has been au
thorized to solicit advertisement!
for the Voice from, the Clouds. tn.
paper to be distributed by Professor
Hawley, the aerOnaut.
Mr.. +. Veyssett, No. Z Spring
street, has received large stock o
new Spring goods which he will
| Iudk6 UP III Puo iptCop S'yiO :"
greatly reduced prices.
Mr.. G. @. Lips is "doing" Cotton
Though opposed, on general princi
pies, to too much water, he will
look into the navigation of tn
Santa Ana river during his brie
business trip.
The following passengers arrive
by yesterday's overland train
Judge Sepulveda, Miss Aguirre, w
IL. Mills, w. #. Peterson, w
Briggs, Mrs. 8. e. Booth, Florenc
Wilson, Geo. d. Gardner, Mrs. An
Roche.
The Messrs. Doak & Co., an
, nounce. In an advertisement else
: where, that on Tuesday mornin
, they will again "mislead d the pub
lie In the sewing machine matter.
Our readers may therefore look fc
q new chapter on this INTEREST," nI
topic.
|. Turn Verein Hall was LITERAL
! |jammed last night, by people .
tracted by the skill with whic
Daily Los Angeles herald., 1879-04-06
SAN FRANCISCO, March / 4

ton, explains itself:
SAN FRANCISCO, March 18th.
M. NORTON, Los Angeles: Utter and complete demor-
aizaon of the market in consequence of the failure Of
Messrs Godchaux Bros and several Of the largest retail
houses in the city, Sell balance Of bankrupt stock at any
sacrifice, in order to make for immense quantity
of goods bought here prices unprecedented in the his
tory of trade. [Signed] M. NORTON.
In obedience to the above instructions, will sell The
balance of the Great Bankrupt Stock Greater Sacicc
than ever, must make room for the NEW STOCK
just arrived and which comprises the and latest
styles in all lines of goods purchased in San Francisco and
through agents in New York at such prices will
able us to sell way below former figures
We ask only that intending purchasers of Dry GooDs
FANCY GOODS HOSIERY, CLOTHING, Doors SHOES AND
FURNISHING GooDs, into whose hands this paper comes
should patiently read this column and then make it their
business to call and examine the goods advertised
1t is useless give Price Lists which often look very
encng paper but which, examination of the goods
advertised, prove to be dear at any price.
NGWe can only say once more, COME AND SEE
US, WE PROMISE TO SURPRISE YOU!
Daily Los Angeles herald., 1879-04-06

The Russian Electric Baths of r.
Hughes andWife are located at No.
l5 Main street, opposite the Pico
House. Gentleman and la
dies will be waited upon by persons
of their own sex. novl4tf
Daily Los Angeles herald., 1879-04-06
The Ladies' Candy Factory

And lunch room has been removed
two doors below the old stand on
Spring street, where we are now
prepared to furnish hot lunch, tea,
coffee and chocolate at all hours;
also we keep constantly on hand q
fine assortment of fresh candles
and cakes of our own manufacture.
Remember the place, No. 13 Spring
street. MRS. A. Il. BEELER.
fah2tf
Daily Los Angeles herald., 1879-04-06
To the Ladies'.

Iwould inform the ladies that |
am prepared to execute hair-work
with neatnass and dispatch. Orders
from the country promptly attend
ed to. Satisfaction guaranteed.
MRS. ]. 8. HEWITT,
Near new depot, San Fernando
straet, Los Angeles. febll-lm
Daily Los Angeles herald., 1879-04-06

Joe Bayer, OF Congress Hall, has
iust received q consignment OF
boca lager beer. 1t Is o su.
perb article and cannot be excelled
a. draught beer. Oysters,
ehrimps, hot aud cold lunches Of all
kinds, constantly on hand. Give
him q call. Corner Main and Re-
quena streets. opposite the y. s.
Hotal. %
Daily Los Angeles herald., 1879-04-06
Notice..

The Ladies' Oyster Rooms, Re-
quena street, near Main, opposite
the United States Hotel, are again
opened to the ladies and will be
carried on in a strictly respectable
way, 90 that all ladies, with or
without escorts, may feel at ease
and receive prompt and respectful
attention. Oysters In every style,
shrImps, tea, coffee, etc., constantly
on hand. JOE BAYER.
oct 4 tt
Daily Los Angeles herald., 1879-04-06
Supreme Court Decision.
FILLED April 8, 1870.]
THE CITY OF Los ANGELES ! NJ
va. }eoIn
RAI,DWIN 0ot0'

BALDWIN. WV
SYLLABUS.
1.-The City of Los AngeJes Is not
the owner OF the corpus Of the
water in the Los Angeles river.
"A judgment determining the
rights of parties as riparian
proprietors on the same stream
of water 10 conclusive when the
conditions remain unchanged.
l. The claim set up by the city In
this action, that the city II the
owner of the corpus of the water in
the Los Angeles river, finds no
support in the evidence.
2. Nor does the fact that the city
Is lower riparian proprietor enti.
tie her to judgment In her favor.
The defendants are upper riparian
propriet0rs on the same stream.
In the former action between these
parties it was adjudged that the
diversion Of the water by the de-
fendants, to the extent and in the
manner in which they diverted it.,
was such as, being riparian propri.
etors. they might lawfully make.
The conditions do not appear to be
different now from what they then
we've. The diversion by the de.
fendants is the same now as then,
and while these conditions con-
tinue unchanged, the judgment
rendered in the former action oper-
ates as a bar between the parties
here.
Judgment and order affirmed.
WALLACE, @. ].
We concur:
NILES, J.
MCKINsTRY, ].
Justice Rhodes, in an elaborate
and lucid manner, in an opinion
which occupies q column of the
Bulletin, reviews the whole ques'
ton at issue and concludes by
agreeing with the decision OF CHIEF
Justice Wallace and the other JUS
tices.
Daily Los Angeles herald., 1879-04-06

Iuvalids who are suffering from
chronic kidney and liver diseases,
rheumatism, dyspepsia, scrofula, !,
aud all cutaneous affections, should
10 to Fulton's Sulphur Wells, To-
Gated thirteen miles from Los An
celes, on the Anaheim railroad.
This water Is, beyond q question,
6no- oc16tf
Daily Los Angeles herald., 1879-04-06

Bought direct from the manufac-
turers.
nY Parties will do we'll to call
on us before purchasing elsewhere.
HARPER, MOORE Il Co.
Daily Los Angeles herald., 1879-04-06
OLDEST AUCTION HOUSE
IN SOUTHERN CALIFORNIA.

Saturdays, commencing at 10 O'Clock A..
M. and closiRg at 4 O'Clock p. M. Cash
advances made on live stock, goods,
wares and mere handise. Will buy fur
niture. merchandise and rolling stock at
all times.
Having secured the services OF Mr.. T..
w. MOVES as salesman for one year. the
old friends and patrons of the house are
respectfully invited TO give me a call.
Special sales made in any part of the
city or county.
Rs-Terms below competition.
j. g. DETURK.
e. W. MOVES. AuctiOneer. jaltf
Daily Los Angeles herald., 1879-04-06
COURT REPORTS.

OisIrief ...........SEPULvEDA J
SATURDAY, April s, 1878.
Pallett vs.. Hswkins-Twenty
days additional time to prepare and
serve statement on motion for
new trial.
Daily Los Angeles herald., 1879-04-06
No. 1870 Hill Street.

Nicely furnished rooms with first
class board, use of parlor and piano.
Best locality In the city. Terms
reasonable. Mrs. J. NJ Carey, No.
1870 Hill street. ocl2
Daily Los Angeles herald., 1879-04-06

90 to McKenzies for PURE OLD
ROURBoN AND RYE WHISTLES,
FRENCH BRANDIEs, SCoToH AND
IRISH MALTWHIsKIEs by the BOT.
TIE OR GALLON. Goods delivered
free Of charge.
Daily Los Angeles herald., 1879-04-06

Gentlemen, II you wish q
good ut and good goods, please call
at 50 Main street.
Daily Los Angeles herald., 1879-04-06

Razors Of every make at Suther.
lands gun store, IS Main street. 2
Daily Los Angeles herald., 1879-04-06

A large and complete assortment
Of the latest improved trusses just
received by Heinzeman & Ellis.
All In need of truss will do well
to call ON them.
Daily Los Angeles herald., 1879-04-06
AN IMPORTANT LAND CASE.

A Rssfarmatlon Of the Old Law Of Piduciary
Trusts "A Judgment In Favor Of the
Farmers and Merchants Bank Against a
Former President.
Daily Los Angeles herald., 1879-04-06
Properly rr.a-rers.
CONVEYANCEs,

FROM JUDsoN. GILLETTE GIBsON'B TRA n
scRrPro OF RECORDS, APSIL s. 1879.
Daily Los Angeles herald., 1879-04-06

AVsH 3 anvas nome. Agonts wanted.
81. AM AzMasss's1siss - w. nsIiAdxxiy
Daily Los Angeles herald., 1879-04-06

Old hats re-made at No. 8 Aliso
street. n7tf
Daily Los Angeles herald., 1879-04-06

SET FOR MONDAY.
Estate OF Farrell-Final acc Junt
and distribution.
Estate of Arte Cloves, alias Nc
Carthy, deceased-Petition for let
tera.
Estate OF E. s. Parker, deceased
Final account and distribution.
Estate of John Mstrovich, de-
ceased-Final account.
McGarvin VS.. Ames County
Court).
Daily Los Angeles herald., 1879-04-06

Second hand clothing bought and
sold at No. 8 Also street. n7tf
Daily Los Angeles herald., 1879-04-06

Fine New York cigars at Nc
KensIe's, only ons bit each.
Daily Los Angeles herald., 1879-04-06

Get your old clothes cleaned and
dysd at No. 8 Alis0 street. n7tf
Daily Los Angeles herald., 1879-04-06
PANIC IN DRY GOODS

The following dispatch received here from Mr.. M. Nor
ton, explains itself:
Daily Los Angeles herald., 1879-04-06
WAR DEPARTMENT, SIGNAL SERVICE,
US. ARMY.

Division OF kilograms and Reports for
the benefit of Commerce and Agriculture.
Report OF observations taken at Los An
geles, CAL, April 5. 1870.
Daily Los Angeles herald., 1879-04-06

Cheap prices ct SutherlanPs gun
store. rs Main street. 2my7
Daily Los Angeles herald., 1879-04-06
Rubber Paint! Rubber Paint!

The undersigned offer the best
rubber paint In the market, mixed
ready for use, all shades and coiars,
at the following prices:
White q shades in S gal. cans. 8l50 pr gal
l.65
" Ito
Wagon Colors in $50 "
Daily Los Angeles herald., 1879-04-06

Probate Court........-.-.s STEPHENS. ].
SATURDAY, April 5, 1879.
Estate Of Nichols Booth, de.
ceased-The Judge OF this Court
being disqualified to act in this es.
tate, it Is hereby ordered that the
same be transferred to San Ber-
nardino county.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-12-09
THE INDIANS DRAW THEIR HUNT.
ING KNIVES.
They are Confronted by the Revolver,
of the Whites.
THE SPEECH OF OURAY TO THE
COMMISSION.

Los PINos, December 6. Saturday wit.
messed some decidedly animated occurrences
at the commissioner meeting. The Utes
came inside the agency building at noon.
Among them were Jack, Colorow, Ouray and
twelve ether White River Utes. Gen. Hatch
addressed the Indians, setting forth the full
demands of the commissioners and the deter
mination to wait no longer, and put the ques-
ton whether they would deliver up for trial
the twelve Indians asked for. The Indians
consulted among themselves, but did not
seemed inclined to reply at all, when Hatch
again asked if the guilty Indians were to be
surrendered. No one moved or spoke for a
few minutes, when Colorow lighted the pipe
of peace and each Indian present drew his
knife and laid it on his knees. Colorow then
passed the pipe to the next man without
smoking it, and it went around. When the
circle was finished he jumped to his feet,
pulled his knife out and threw it forcibly on
the floor, quivering and ringing. Instantly
every Indian laid his hand on his knife or
pistol. The whites did the same, and the
two parties stood confronting and defying each
other for some moments, each waiting for the
ether to move. Finally Ouray said:
I'VE cannot deliver up Indians unless they
are tried in Washington. They must not be
tried in Colorado; Colorado people are all
our enemies, and to give them up to be tried
in this State would be to surrender them to
be hanged. We will bring them here and
then you decide who are guilty. They shall
be taken to Washington and the President
shall determine guilt or innocence. Doug
lass will have to go. We know he was in
the White River trouble, and you shall decide
who else. Upon this condition and no other
will We surrender the guilty Indians.
Hatch accented the condition subject to
advices from Washington. Colorow and
Jack were dispatched to bring in the Indians
called for, and will return with them in five
days.
WASHINGTON, December 8. No instruc-
tons will be sent to Gen. Hatch until to-mor-
row.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-12-09
HallOWell Local News.

The funeral of Mr.. Eli Fall, whose sudden
death has already been announced, was held
in the Baptist church, in this city, on Sab
bath afternoon last. Large delegations of
stone cutters and members of the Temple of
Honor occupied the centre pews of the
church, and escorted the body to the ceme-
terry. An impressive discourse was delivered
by Rev. Mr. Grovenor, pastor of the Method
ist church. Mr.. Fall was man highly re-
spected as an honest, upright, Christian citi-
zen, and his family have the heartfelt sympa.
thy of this community in their great affiiction.
We learn that the meeting of the Temper
ance Reform Club, at the Cniversalist vestry,
on Sabbath afternoon, was fully attended,
and of unusual interest.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-12-09
CHIN
China and Japan.

Hone KONG, November ID. The endeavors
of western agents to foment discOrd with
Japan, keenly detected and exposed by Gen.
Grant, are now belved to be wholly baffied,
although there still remains a possibility that
growing domestic disorders of China may
csuse the government to attempt diversion
by outside quarrel. This contingency, how
ever, becomes daily less probable. Nor
denskjold and officers and crew Of the Vega
receive unbounded attention and hospitality.
There is marked discomfort Of American res
idents, at the unsettled condition of United
States representation here.
YOKOHAMA, November %. Efforts to stir
up ill feeling between Japan and China are
still pursued by interested European agents,
but the Japanese government is fully alive to
the wisdom of Grants counsel, and are re-
solved to maintain 4 pacific attitude unless
absolutely forced to hostility.