davidaulloa/AmericanStories huggingface dataset:
Los Angeles daily herald., 1890-01-07
U. s. SUPREME COURT.
Utah Case Decided-The Neagle
Case Set for Hearing.


WASHINGTON, January 6.-The United
States Supreme Court today rendered an
opinion in the case of Nephi W. Clayton,
appellant, versus the People of the Ter
ritory of Utah. The appeal is from the
Supreme Court of the Territory, This
case arises ont of the peculiar situation
OF affairs in Utah caused by the Mormon
question. Clayton was elected Auditor
Of Public Accounts of Utah in 1879, and
has held the Office ever since, refusing to
turn over his Office to Arthur Pratt, ap-
pointed to the place by Governor Murray.
of Utah. 1t is contended that Clayton is
unlawfully in Office, for the reason that
an act Of the Legislature of Utah
passed in 1862, creating tbs Office
and providing that it should be
filled by popular election, is in
contravention of the organic act of the
Territory, which vested the appointments
of all, except local, officers in the Gov
ernor. The Supreme Court OF Utah de.
cided against Clayton, and this court
affirms the judgment.
The decision of the State Supreme
Court in the case of James Jack, elected
Treasurer OF the Territory, was also af-
frmed.
Tne Neagle case, arising out of the,
killing of Judge Terry in California last
summer, was set down for. argument
March 1st. as was also the case of the
Tulare Railroad Company of California.
involving the right of the State to impose
special taxation on railroads.
Los Angeles daily herald., 1890-01-07

Council, or signed by the Mayor on
behalf Of the city, as required
by the charter. He also says that the
bill for SOL rendered by Fosmir was for
additional work, which was necessary.
The stopping short at s299-one dollar
less than the $500 limit which the
charter requires to be contracted for by
bids-and the addition of this SOL as a
supplemental bill-proves completely
what the HERALD has all along asserted
that the provisions OF the charter are
being shamefully evaded, and the bills
split up into fractions to give a color o
legality to the fraud.
The Mayors message is authority fol
the statement that the work cost 81 ,50t
| more than it should have cost. Somncl
for Mr.. McLain and his card. We shal
have something 30 say of the genera
merits of the question raised by tn
HERALD elsewhere.
Los Angeles daily herald., 1890-01-07
A MINE DISASTER.
Miners Imprisoned Behind a wall
of Fire.

WILKEsBARRE, January 6.-At the
Nottingham mine, in Plymouth, this
evening, where CAVERN occurred last
week. terrific explosion of sRas oc.
Cured. The brattice work and timber
at once caught fire and burned
furiously. Five men were caught
between the cave-in and fire, and
their exit cut off. The report
spread, and in few minutes q hundred
men. women and children gathered al
the mouth of the slope. The wives and
children OF the imprisoned mem lost all
centrol of themselves, and sorrowful
scenes were witnessed. About half an
hour after the fire broke out.
John Humphreys and John Rich.
ards were lowered into the mine. When
they reached the fire they heard cries
and shouts on the other side. Putting
their hands before their faces thew
plunged through the fire, and dragged
the five imprisoned men out. one by one,
uninjured. Thomas Richards, who was
in another part of the mine, was fatally
burned. Water is coming through
near where the cavern occurred last
week, and the miners fear the river NAV
break into the mine. Should this hap
pen many mines would be drowned out
beyond the hope of reclaiming them, and
operations would have to be suspended.
Los Angeles daily herald., 1890-01-07
INrERsrATE COMMERCE..
Proposed Amend ments and Addi
tfOns To the Law.

PIODO&e0 a AmGuOmCehtS anu Aa0A-
tfons 10 the Law.
WASHINGTON, January 6.-In the third
annual report, submitted to Congress to-
day. of the Interstate Commerce Com
miseion, recommendations looking to the
amendment of the law in the following
particulars are made:
First An amendment to the first sec
ton to correct antiquities of language
and make more definite the transporta-
ton, both interstate and international,
intended to be subject to the provisions
of the act.
Second-An amendment to the third
section, relating to the rating and inter-
change of traffic between carriers; to
better provide for through traffic at
through rates over connecting lines.
Third-An amendment to the twelfth
section, relating to the attendance OF
witnesses, and the taking of testimony
by dispositions.
Fourth-An amendment to the twenty
second section, allowing the free trans.
portation of persons injured in railway
accidents, and of the families of railroad
employees.
The new sections suggested are:
First-The Prohibition of the pay
ment of commissions by one railroad
company to ticket agents Of another.
Second-The abolition of ticket bro
kerage, by requiring the ticket seller tt
be duly authorized by the railroad com
pany which assumes the responsibility
for his acts.
Third-Requiring mileage to be paid TO
cars used belonging to private companiei
or individuals.
Fourth-The extension of the law I,
make it apply to common carriers by
water routes.
Los Angeles daily herald., 1890-01-07
Juch opera COMPANY.

A telegram was received last night by
Mr.. Fennessey, agent OF the Juch Opera
Company, stating that the company will
not play here this week. It is given as q
reason for their non-appearance that the
railroad company will not guarantee the
transit of the company to this city.
This seems strange in view of the fact
that passengers are arriving here daily
from the North. The company will play
in San Francisco next week and arrange.
ments will be made for visit to Los
Angeles later in the season. Purchasers
of tickets at the advance sale will be re-.
funded on presentation of their coupons
at the box office.
Los Angeles daily herald., 1890-01-07
THE text of franchise to a new wat,

company was published yesterday in the
HERALD. There eeems to be dis
position in the Council to hurriedly pass
the measure. As it grants the rights
and privileges incident to the public
distribution Of water for fifty years, we
may we'll ask the Council to 60 slow in
the matter. Quite plum is put into
the franchise in the shape of requiring
the company to furnish water for extin-
gushing fires, for public buildings, etc.,
free OF charge. Curiously enough these
very rights were reserved to the city Of
San Francisco in the original franchise to
George H. Ensign, under which the Spring
Valley Water Company now operates
but in spite of the reservation the city
has been a rate-payer for years for all
the water it consumes. The argument
used by the company to enforce rates
against the city was that if the city got
it's water free the consumers would have
to make up for it in higher rates than
would otherwise be charged. In other
words, the water furnished for public
Los Angeles daily herald., 1890-01-07
LA GRIPPE,s VICTIMS.
The Epidemic ls No Respect0r
Persons.

The Epidemic ls No Respector OF
Persons.
New York. January 6-'Ihe vital sta.
tistics for the twenty-four hours ended at
noon today, show the number of deaths
to be l46, decrease of 100 compared
with the previous twenty-four hours. 1t
is believed at sanitary headquarters that
the worst of the influenza epidemic is
over. The sick list in the police depart.
ment, however, shows no abatement, but
the reverse.
PHILADELPHIA, January Cover 230
policemen of this city are eick of la
grippe. Three deaths due to the malady
we're reported today. One hundred and
sixty-two deaths pulmonary difficulties
occurred last week.
Boston, January 6.-Nineteen hundred
pupils are absent from the public schools
and down with influenza. The death
rate per day is higher than ever known
before.
WASHINGTON. January 6.-Secretary
Window is suffering with severe cold,
and it is feared he has Ia grippe. Con.
gresham @. H. Gibson, of Maryland, is
seriously i'll in Baltimore from pneu-
monia consequent to la grippe.
ALBANY, N. Y, January 6.-La grippe
is creating pro ound impression in the
Mohawk valley. At Amsterdam there
are 1000 cases. Among the sufferers are
the three principal ply sicians. At Fort
Plain 5000 have it; at Canajoharie,
5000. Several hundred cases are re-
ported at Fultonville and st. townsville.
CORNWALL, Ont, January 6-Three
hundred cases of influenza are here.
NIAGARA FALLS, Ont, January 6.-La
grippe has broken out here. Over one
hundred cases are reported, principally
among railway employees. The men on
the Michigan Central and Grand Trunk
roads have to work double time.
LONDON, January 6.-The number OF
cases of influenza in this city is con-
stantiy increasing. A large number of
nurses in the hospitals, doctors and
clergymen are prostrated. The epidemic
continues to spread among the police.
Many members of the police force of
Bradford are incapacitated for work by
influenza. A number of employees in
the postal and telegraph service at
Belfast, are suffering from influenza.
The disease has also attacked many
college students and professors.
PARIS, January 6.-Inhuenza is de-
creasing here.
GIBRALTAR, January 6.-Infuenza has
made its appearance here. There is no
interruption of communication between
the American squadron of evolution and
the shore.
Los Angeles daily herald., 1890-01-07
A Gross Breach of the Inv,

Mayor Hazard returned Yesterday Il
the Council without his approval the
items for the remodeling of the old City
Hall animadverted upon in the HERALD
His message was that of an honest man
and good citizen who sympathized
with the taxpayers. OF course the Coun-
Gil paid no attention to his protest, and
referred the extortionate items to the
Building Committee, who had incurred
these expenses without warrant of law.
That body will next Monday report that
the items are all right, the Mayors veto
will be overruled, and the taxpayers will
be robbed, as usual. That is the size OF
it. In addition, the Mayor, in special
message, has drawn attention to the eva
sion of the charter involved in splitting
up bills 80 that they ehall fall below two
regulations of our municipal organic law,
the first of which provides that no bill of
the amount of $500 shall be contracted
for without an order of Council, and the
second ordains that for any work exceed.
ing $500 in amount bids shall be invited.
Our esteemed contemporary, the Er.
press, attempts to break the force of our
arraignment of the Council for it's m ami
fest violation of the law. In the same
issue of that paper which contained its
feeble plea, there were printed two able
messages of Republican Mayor almost
identical in language and presentment of
facts with the articles which have ap.
peared in the HERALD. Instead of ac-
cepting Mr.. Hazards counsel, and call.
ing halt in their nefarious proceedings,
the grave and reverend seigneurs of the
City Council scof at these documents as
"scolding" messages. Things have come
to pretty pass when a Council, unani-
mously Republican, instead of accepting
the honest and ssgacious counsels of q
Republican Mayor, attempt to cast
ridicule upon them. The people have
their eye upon these civic individuals.
Popular resentment may be delayed, but
it is gathering resistless force. Every
member of the Council who on Monday
next shall vote to despoil the city treas
ury by paying these unlawful bills will
have made a record for himself which
years of repentance will not blot out.
Los Angeles daily herald., 1890-01-07
mr.. McLain and His card.

An individual named McLain pub
fishes a wordy and ill-devised and ILL
advised card in the HERALD this morn
ing. This gentle contractor is doubtless
unaware of that aphorism Of Goethe
which wound up with the pregnant SEN
tence that silence is golden. In the
front portion Of the aphorism, the hind
part of which we have quoted, the Herr
Goethe says that speech at best is only
silvern. AS matter of fact, Mr.. McLain's g
speech is scarcely up to the average
of pewter. He says that there was a
proposition to evade the law by giving
the contract for the remodeling of the
old City Hall to J. M. Skinner. No
statement to this effect was made in the
HERALD. What we said was that Mr..
Skinner had offered to do the Work for
$1,000. He also says that he did the
work which Mr.. Skinner offered to do for
81 900 for 81, 200. This cannot be known,
rs neither Mr.. SINNERS plan nor Mr..
McLain's plan was ever adopted
by the Council. What the HERALD
does know, and what the citizens know,
from a plain statement of the facts, is
that the law was fagrantly violated, of
which fact McLain's card itself gives
abundant evidence.
McLain denies that there were two
bills from the California Lumber Com
pany, two from Crane Bros, and he adds
that there was no bill whatever from
the Los Angeles Lumber Company.
The list of demands printed in
the local columns of the HER
AID was taken from the de-
mands in the hands of the Mayor,
which is the source of authoritative,
official statements in such matters,
maugre Mr.. McLain's somewhat insight
ficant ipse di9it. Mr.. McLain says that
there was special contract made with
Mr.. Fosmir by the city to furnish the work
on one of the bills for $299. No such con-
tract was ever made by the city. No
such contract was ever approved by the
Los Angeles daily herald., 1890-01-07
Cable Flashes.

Parnell has retained Sir Charles Rus
sell ia the O'Shea case.
The condition of the Dowager Empress
Augusta is improving rapidly.
Queen Victoria has rheumatism anc
will not be able to open Parliament in
person.
President Carnot has entirely recov
cred from an attack of influenza.
the remains of the ex-Empress of Bra.
zil have been brought to Lisbon from
Oporto. The interment will be in the
Braganza pantheon.
The Boulangists are concentratipe
their political efforts in Paris. The latest
phase of the Boulangist conspiracy is
that the municipal government shall con.
troll the police, and Boulanger shall con.
troll the municipal government.
1t is confirmed that Russia has sent a
circular note to all the powers that
signed the treaty of Berlin, in regard to
the violation OF the treaty by the present
condition of things in Bulgaria, and par.
ticularly by the pretended sovereignty of
Prince Ferdinand.
More doubt is now cast upon the report
OF the massacre of DR.. Peters. Den.
hardt wires to the Emin Relief Commit.
tee that he has received from DR.. Peters.
addressed to the committee, letters which
are of later date than that of the re-
ported massacre, and which were written
at place on the Peters, route, beyond
that at which it was reported he was
killed.
The London Times Lisbon correspon-
dent says: "Another note from Lord
Salisbury was delivered today. 1t is be-
lieved that the note threatens that un-
less prompt satisfaction for Pinto's. action
is made, there will be rupture of dipIo-
matte relations. The Cabinet immedi-
ately convened" A dispatch to the
Standard says the Portuguese Govern.
ment has employed German engineers to
lay torpedoes in the Tagus in view of
possible action by the British fleet. 81
Los Angeles daily herald., 1890-01-07

A Reminder and a Reminiscence.
The City Charter provides that the
Council shall cause proposals to be pub
lished in the press for bids to take care
Of the city moneys. Last year, in spite
of the fact that responsible Savings
Bank of Los Angeles undertook to take
care of the municipal funds, and to pay
therefor handsome premium, these
funds we're kept in the favored banks OF
the City, Ring. By this unlawful and
indefensible action the city of Los
Angeles has been defrauded of large
sum of money, which would have been
exceedingly valuable in such times as
these, and this was done absolutely
without any warrant. For the past
year, owing to this infamous action oi
the City Council, the burdens OF the
taxpayers have been largely and un.
necessarily increased. Still, on the
scriptural principle of letting the dead
past bury its dead, we address our
selves to the present conjunc.
ture, and remind the City Clerk
that, according to the charter, he must
as soon as possible after the first Tues
day in January, advertise for proposals
from banks and other responsible per.
sons, to take care of the city funds for q
consideration. He would do well, there.
fore, to insert an advertisement to that
purport at once; and the Council would
do we'll, when the bids are received, to
award the custody of the public moneys
to the lowest and best bidder. There
ought to be some mode of Judicial pro-
cedure which would render the
Councilmen personally liable for
such a gross breach of the
law. The charter is singularly deficient
in providing penalties for the infraction
of its provisions. Doubtless, however,
the law itself, if invoked, contains in ite
range, common law or equitable, some
protection to the hard.bested taxpayer.
If it does not, it ought to contain it. For
every dollar out of which the City
Treasury has been defrauded by this
peculiar policy, the Councilmen indi.
vidually and collectively ought to be
responsible.
Los Angeles daily herald., 1890-01-07

1T WOULD not be safe for any fair
minded person to allow the fact that Mr..
Parnell has been made correspondent in
the suit for divorce, instituted by Captain
O'Shea, to raise any serious prejudice
against the great champion of Irish
home-rdle. There are many suspicious
circumstances connected with the asso-
citation of the name of Mr.. Parnell with
a scandal of this prominent character at
this particular time. The case of Parnell
against the Times is at that peculiar
stage where the commission is making
up its final report to be submitted to
Parliament. Although Captain O'Shea's
alleged domestic grievance dates back as
far as 1886, it is somewhat singular
that he should have waited to this par
ticular time to ventilate it before the
courts. 1t will not be forgotten that
O'Shea appeared in the witness-box for
the Times to prove the genuineness OF
the forgeries of Pigott, who took refuge
in suicide when his crimes were discov-
cred. Nor will it add to the weight OF
O'Shea's charges against Parnell that
the latter endorsed him six years ago as
safe person to represent the Irish Ma.
tionalists in Parliament, and who, when
he secured his seat, betrayed both his
friend and his cause. O'Shea is evi.
IDENTIFY a political commodity, and looks
for a reward commemorate with the
value of his services if he can help Sails
bury at this crisis by giving the Home.
Rule party black eye through their
1eadar
Los Angeles daily herald., 1890-01-07
BEYOND TIE ROCKIES.
Fatal Explosion of Naphtha
at Lima, Ohio.
A SERIOUS MINING DISASTER.
A H0wling Blizzard Prevailing In
Kansas-La Grippe's Many
Victims.
Associated Press Dispatches to the HERALD

Associated Press Dispatches to the HERALD.
LIMA, Ohio. January 6.-This after.
noon one of the large stills of the
naphtha works at the Standards Solar
Refinery exploded with a force felt all
over the city. A number of the men al
work were covered with debris. The oil
Immediately caught fire, causing consid.
ersble excitement. William Culver, fore.
man, was found insensible under a pile
of brick with bad cash in
his head. Peter Devine had his
right leg broken in two places,
and was badly bruised and burned
Their injuries are fatal. J. F. Deyman,
William Murphy, J. l., Caller, L. E.
Helser, Walter Evans, Frank White and
John Sullivan were seriously burned
Charles Lahdkammer was thrown quite
a distance into tank of water and came
near drowning. The fire was quickly
e1tinguished.
Los Angeles daily herald., 1890-01-07
Eaalern Echoes.

There have been no new developments
in the Senatorial situation in Ohio.
The Lee-Deming Grocery Company, oi
St. Louis, has confessed Judgment in the
sum of $6S,000. The firms liabilities
are $242, 900; assets, 100000.
General T. @. Jordan, prominent ex
Confederate and for several years At
torney- General of Arkansas, WAS founc
dead on his ranch near Gainesville
Texas. 1us.
At Keene, N. H., freight trains on The
South Chester railroad collided- En-
gineer S. w. Slate and Fireman Gibson
were killed. Others are reported in
jured.
A misplaced switch wrecked freigh,
train on the Shenandoah Valley road
near Charlestown, w. Va. The engi
neer and fireman were badly, and Che
brakeman fatally, hurt.
The engagement is reported of Miss
Ellen Bayard, youngest daughter of the
ex Secretary of State, to Count Lewen
haupt, formerly connected with the Swe'
dish legation in Washington.
It is rumored that Sir Charles Tuppei
will shortly cross the ocean again, and
that he will be authorized by the British
Government to assist Sir Julian Paunce.
fote in the fishery negotiations at Wash.
ington.
Dispatches from Kansas and Missouri
say q blizzard of considerable severity
prevails throughout those two States
The temperature is generally near the
zero point, and the snow is drifting
badly.
A band of Mexican horse-thieves am.
bushed party consisting of three men
two women and four children, near Chi.
huahua, Saturday, and shot and killed
two of the men. The murderers SUP.
posed the murdered men were officers
A military guard has been sent to arrest
the Msxicans, and if captured they viii
be summarily dealt with.
Edward Church, a 17-year-old boy
living with his father, near Huntington
w. Va. is charged with poisoning the
entire family by putting poison in the
bread. One little girl is dead and fou,
others of the family are in critical con.
dition. The young murderer confessed
to friend and then fed. He has no,
been apprehended.
Application has been made for q
receiver for the furniture house of R
Dsimel & Bros, the most extensive
manufacturers of parlor furniture ir
Chicago. Frank A. Helmer has been
appointed receiver in bonds for 500 900,
The total liabilities will probably ex
ceed $500, 900, while the assets at the
most liberal estimate cannot exceed
$3.50 900. The heaviest claims are ir
the East.
A mail train on the Pennsylvania rail
road, when passing through Tyrone
ably fatally injured Conductor Worley
The men were standing on the track and
were struck by the engine. At Benn's
creek, about ten miles east of Pittsburg
the j. me train ran over and killed two
unknown men, supposed to be Hungarian
laborers. They stepped out of their
cabin on to the track directly in front oI
the engine, and were run down and
horribly mangled'
Los Angeles daily herald., 1890-01-07
Public Opinion Against Him,

TRENTON, N. j., January 6-Dr.
Kniffin, the husband of the woman found
smothered to death in bed Friday morn
ing, took an ounce of econite and pashad
his wrists and throat with razor. Doc-
tors were summoned and stanched the
flow of blood. The jugular vein was not
reached. Owing to the largeness of the
dose Of aconite, it acted as an emetic.
and was all thrown off. The doctor ID
out of danger. He says he attempted
his life because he was discouraged bv
the strong tide of public feeling against
him.
Los Angeles daily herald., 1890-01-07
Blizzard I'm Kansas.

EMPoRIA, Kan, January 6.-The worst
blizzard OF the season struck this place
yesterday afternoon and has been in
progress ever since, with fierce west
wind. accompanied by snow. The Their
mometer fell fifty-two degrees in few
hours, and this morning was twenty-four
degrees below the freezing point. The
storm continues this evening, and il ia
feared railroad travel will be DELAYED
Los Angeles daily herald., 1890-01-07
Will Tour the State.

sAN FRANcIsCo, January 6.-The Rail-
road Commissioners will soon undertake
tour of the State, visiting the various
shipping and passenger csnters, With the
view of acquainting themselves with the
railroads OF the State, and to give anv
who have complaints to make, an oppor.
tunity of ventilating them.
Los Angeles daily herald., 1890-01-07
The heLaunch,np n, . sr,

BATH, Me-, January 6.-The full.rigged
ship Rappahannock, the first built here
since 1886, was launched from the ward
of SewaIl&Co today. The Rappahannock
is the largest vessel ever built in Maine.
and her carrying capacity exceeds that
of any square-rigged wooden chip built
on the Atlantic Coast. A. Sewall & Co.
and others of San Francisco, ara owners.
AS the outcome of President Harrison's
visit here in August, Mr.. Sewell received
from the President framed portrait Of