davidaulloa/AmericanStories huggingface dataset:
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-09-29

Hank johnson; Rivera Stables, CHI. G.
Pavilion.
Race No. "a. the Citrus Belt handicap
-Dickey e. Co., CHI. m. Mastera; S. ".
Childs, br. m. Lady washington MIS-.
Dolan. CHI. e. Howard; W. H. Spence, CHI.
h. Condo; Lonje.s q Whitney, 6. m.
Oracle s.: c. L. Mcdonald, br.s. Hue
meme; NJ. A. Forster, S. 6. Nacho b.;
Peter Weber. b. 6. Reno; Owens Bros.
b. g. Polassi; Garden City stables, Oh.
Ike L.; George Rose. b.f. Lady Jane;
Walter Mabsn, BIC. Red Head; Mrs: M.
Stables Ls'I b. g.. e. Sleepy u Charley: Rivera
stables, CHI. m. Molly Adams filly.
Race No, 25 free selling raceI,Dickey q
Co., b; b. Combat; s; V; ohilds' Or. m.
Capron Mat Bohnert, s.g. George BONN
eIt; J. Rutherford, b. Z. Brilliant; Lon
jers & Whitney, GIN. Oracle s; Loniers
Il Whitney, b. g. Linville; G. l.. Nc
Dnald, br. 8. Hueneme; Mrs: e. Starkey,
D. g. Jim Bozman; M. A. Forster, sb.g.
G. Weber, b. G. Hello; P. Weber CHI. 6.
Rem; A. Garcia, br. m. Vestal; Garden
City stables, CHI. G. Ike D.. Garden City
stables, b. m. warragood; George Rose.
br. f. Lady Jane, b. 6. Middleton; Owens
Bros, b. &. Polaski Owens Bros. b.. g;
Two CneeTS, NalItT -haueH, p.o' i'ou
Heau; Walter Maben, b. g. Juan
Bernard; J. Il. Garner. SIN. Miss Rath-
born; Mrs. M. E. Tucker, &. m. Manuela;
Rivera stables. Big. Sleepy Charley;
Rivera stables, CHI. m. Molly Adams filiy.
Race No. rs. the Junior handicap OF
year-ods-All Mine, Lima; Al Morine,
Oh. C. Peru; G. I. Thacker, Chine; q. |.
Thacker, bf. Sirvo; Chas. W. Chappell.
Bell Oak; Cbns. W. Chaprell, Sir Collier /;
Mrs. Emma Rurgles. b. F. Nevere; G..
i. Mcdonald, ch. s. Prince Hooker. M.
A. Forster. b. G. George +. Amen, Little
Pearl.
Race No. 81. Agricultural Park stake
Dickey e. Co., b. h. Pescador; r. E. Do
Ian, CHI. e. Howard; Menchaca, oh S.
Hockhooking Jr. M. A.. Forste. s. g.
Nacho B.; p. Weber, br. h. Jerome s. !;
Garden City stables, CHI. C. Ike H.;
Gearden City stables. cb. f. Annette Wal
ter Mapen, b. C. Juan Bernard; Walter
Maoen, b. C. Red Head; Rivera stables,
Big. Sleepy Charley, b. 6. Hank Johnson,
CHI o. Pavilion.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-09-29
CONCERT AT WESTLAKE
The Programme for This Afternoon an Excel
lent One

The Programme for This Afternoon an Excel
lent One
The following programme will be pre-
sented at Westlake park this afternoon
by the Los Angeles band. G. Cam, di-
rector.
Overture, The jolly Robbers, Suppe.
La Palaom, bv request, Missud.
Potpourri, from the Huguenots, Meyer
beer.
Waltz, Baden Baden, Bousquet.
Trumerie, Schmuann.
Guard Mount, characteristic piece,
Eilenbe-g.
lntermission.
Overture Martha, Flotow.
Waltz, Visions of Paradise, Bennett.
The Mill in the Forest, Eilenberg.
Selection, The Army Chaplain, MIL
locker.
Mazurka de Concert, l.. Gartner.
Mach, Apollo, Moses.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-09-29
SIX O'CLOCK CLOSING


The Clerks Union Is Sanguine and Looking
for Success
The Clerks union for some time past
has been trying to persuade the Spring
street merchants to close their respective
establishments at Pr Saturdays ex-
copied. In about eight days time the
union obtained the signatures OF nearly
5000 persons asking that the stores close
at the hour mentioned. This ompllsn-
ment was sufficient, it was thought, to
show definitely the drift of public SEN u
ment and further agitation upon she part
OF the union ceased. AS all OF the stores
did not close, the Clerks union again got
to work and has secured the separate
agreements of all proprietors OF stores on
the street to close at o'clock, save and
except one.
The clerks are sanguine as to the sue.
cess of tie movement. 1t is understood
that NUN Der of the Spring street mer-
chants have openly expressed their
wishes for its entire success. one indeed
going so far as to promise q o'clock clos
ing independently of ell others.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-09-29

The Bosotn store, one of the largest dry
goods emporiums in the state of Cali
fornia, which has long been located on
North Spring street. has moved into its
own magnificent quarters just completed
on South Broadway opposite the city hall.
The firm have four full stores and base
ment, with frontage of sixty feet on
Broadway, and the entire building will
be occupied by them in the conduct of
their business. On the list OF October the
new store will be thrown open to the
public, at which time the firm will show
one of the largest and most handsome
stocks ever opened on the coast.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-09-29
WILL HAVE A BULL FIGHT
The Exhibition viii Take Place at Race Track
Sunday

The success of the Spanish toreadors at
San Bernardino was so pronounced that 1t
has been decided to repeat the exhibition
here, and at the race track on Sunday
afternoon an exhibition will be given in
which all of the features of the old time
Mexican bull fights will be given, except
the actual killing of the bulls. This will
be an entertainments which ladies can
attend. and from which all unpleasant
and offensive features will be eliminated !;
and to those who have never seen a bull
fight rare opportunity will be afforded to
witness this famous Mexican sport.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-09-29
THE BUILDING RECORD


More Permits So Far Than All Of Last
Year
The building record closed last evening
with permits for new buildings aggregat-
ing IN value $40, IT'S. Those to cost $1,000
and over are as follows:
To Johnson & Keeny company, for a
$2500 and $4,000 dwelling on Twenty first
street; for $1,000 dwelling on Ruth ave-
nue. between Fifth and Sixth streets; for
a $1400 dwelling on Town avenue between
Fifth and Sixth Streets. .sss
To Mrs. S. E.eM. Brainard, for a $1,000
dwelling on Eleventh street. ~
10 Mrs. J. Il. Mueller, for a $1175
dwelling on Ninth street near Buckley.
The permits for buildings so far issued
since January LIST are more than all of
those issued for the hole OF last year.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-09-29
CROATlENS AND SLAVONICUS
The Distinction Between the Two Is Not Cen
orally Clear

The Slavoniou colony of this city is
indignant because in quarre1s occurring
among Creations, who have their own
and distinct local organization, the
papers allude to them as Slavonicus, and
cites the case of Troanovitch and Pupich
as in point.
The Slavonicus must remem Der that re-
porters are largely dependent upon other
people for information and exercise what
care they may. they cannot be looked
upon as infallible. The distinction be-
tween CroatIan and a Slavonicus is not
by any means as clear as it might be to
the ordinary mind, and this in part &C
counts for errors such as the one alluded
to.-(Ed.)
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-09-29
MAIN STREET PAVING

No One Knows Just Where the City Is at In
the natter
The Union Saving com pany was to have
signed the contract for paving Main
street last evening. The company failed
do so and insists that the legal COM
plications in the matter prevent them
from attempting the work as had been
agreed upon. The matter is to be p
pealed to the superior court. The bond
in the case is $50, 900. The council will
probably readvertise the work
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-09-29
KIER HARDIE COMING
The sociaIistic Member of Parliament Due
This Week

This Week
Kier Hardie the Socialistic member of
the late English parliament, was expected
to arrivs in this city yesterday. He did
not make his appearance. and he will
probably not show up today. Lemuel
Biddle, who is the manager of the coop
erative store on North Nam street, thinks
that Harde will be in Los Angeles by
Thursday of this week. He is scheduled
to deliver two lectures in Los Angeles
under the auspices of the Socialistic-
Labor party. Hardie comprises the
Soclal-Labur party III the English house
of commons. He is making a tour Of
propagation of the United States and is
at present at some point between this
city and San Francisco.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-09-29
A Long-Needed Necessity-A New Departure

The beautiful shoe store known as
Howell's Palace of Footwear has added a
new feature to their establishment in the
way of prettily arranged parlor, where
ladies Can rest after being fatigued from
walking or shopping, and h ave their
shoes cleaned ana clothes brushed free
of charge. An invitation is extended to
all the ladies' to make themselves at
home at Howell's Palace of Footwear,
Ill South Spring street, Nadeau block.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-09-29

The Alpine division of the Mount Lowe
railway is now|oren from Echo mountain
to Mount Lowe springs. among the fra
grandest OF all MOUNTAIN. CANYON and VAL
ley scenery. Thin section is mile lon
ger than the entife Mount Washington
railway. with fares at only one-third the
cost Weekly or monthly guests at Echo
Mountain house will receive rebate of
al Mount Lowe railway fares. Rates as
low as any other like accom- M cd ations.
See Mount Love railway time table, this
bapsr.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-09-29
Woman Suffrage Meeting

The Los Angeles Woman Suffrage asso-
September 80, in the Temperance temple,
to discuss plan for local work for the
constitutional amendment. All men and
women interested in the success of this
work are cordially invited to be present.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-09-29
No. I436 Rich Street

That is a cosy fvs-room cottage with
a barn, fine i'm proved lot 50x13o, just a
step from the new Third street electric
car line. street all graded and severed.
one of the choice locations of the city,
being only three blocks from Figueroa
and next to Sixteenth. Price $1,000; lot is
worth $4,000 at the rate of $40 month.
This is snap. Langworthy Co., 226 5.
Spring. Take the ramIcaboozry.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-09-29
Santa Barbara-ventura Excursion

Monday, October It'll. Round trip from
Los Angeles, $3.50. from other points as
far east as banning, $3. Tickets good re-
turning until November 18th. Stop overs
at Ventura. Trains leave Los Angeles
500. 1880 am, 200 pm. Special from
Pasadena $3.50 am. Southern Pacific Co.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-09-29
DISEASED MEAT

A Number OF Butchers Said to Be Handling
the Stuff
DR.. Blackington, meat and milk in
spector, will next week present to the
city board of health long list of shops
which persist in supplying to the public
diseased meats.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-09-29
THEY ARE ARMED

Conductors and rlotcrmen VIII Take No norc
Chances
Severa of the conductors and motorneers
running late at night out into the su-
burbs yesterday applied to the mayor for
permission to carry concealed weapons.
The request was complied with after the
mayor had cautioned the men to be very
careful in the use OF the weapons. should
there ever be occasion for them to be used
and not kill any inoffenslve bystandev.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-09-29

The wall paper dealer of the city is Eek
from, 324 South Spring street
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-09-29

Eckstrom does the wall paper business ofthe
city He has large stock. good taste and cor
rect pricea
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-09-29

WEATHER REPORT - United States
department OF agriculture weather
bureaus report received at Los An
relies September Is, 1885.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-09-29
CITY NEWS in BRIEF

TEMPERATURE-Re of observations
taken at Los Angeles Sept. IS. The
barometer is reduced to sea level.
Time. Bar. 1Ther. XII m W. d Vel Wher
6 200 a. M %. ss 80 20 f l Clear
8 90 p. m. 1884 rs oil w tClear
Maximum temperature. %.
Minimum temperature. So
FORECAST-Sept. 2S.-For Southern
California: Generally fair. except
showers in extreme southwest por-
ton tonight; probably cooler along
the southern coast Gu Sunday; fresh
westerly winds.
The San Francisco call., 1895-07-17
THE DECISION.
Carpenters Grant Was an Illegal Delega-
tion of Power,

Carpenters Grant Was an Illegal Delega-
tion of Power,
After reciting the text of the case the
opinion proceeds:
The land embraced within the description
contained in the complaint includes all the
land lying below the line of ordinary high
water and within the boundaries of the city of
Oakland as originally fixed by the statu tes in
cooperating said city (save that portion now
known as Lake Merritt.) In all il includes
nearly 5000 acres of submerged land.
The complaint alleges that the plaintiff is the
owner in fee of said lands, but that the title
thereto is vested in, and held, by the plaintiff
as public corporation and governmental
agency of the State of California for the COM
mon benefit of all the people of the State.
SUBSTANCE OF THE ANSWER.
The answer denies the title of the plaintiff in
and to any portion of said lands, and alleges
title in fee in the defendant, except certain
portions of said harbor and bay decided to third
parties, and two pieces of said harbor lands
heretofore decided TO plaintiff; one, tract of
land situated below Peralta street; and one
tract of land situated in said harbor between
the center line of Franklin street and the
easterly line of Webster street in said city.
The answer also AYERS that the Government
of the United States, through its engineers and
the Secretary of War, has established a bulk
head and pierbead line of said harbor; that
said bulk line is mainly established upon the
line of ordinary low-water mark, and that the
pierhead line is established between said bulk
head line and the channel OF the estuary; and
that all the land in said harbor and bay beyond
the pierhead line is solely under the control
and management of the Government of the
United States; and, as to these last-named
lands, situated below the pierhead lines, the
IL IL 11f
Government of the United States for harbor
and for commercial purposes: but, conceding,
however, that without such dedication the
Government has full power and authority, with
OF without the consent of the owner in fee, to
appropriate the same for public uses in the
interest of commerce and navigation.
The proceedings of the Board of Trus-
The San Francisco call., 1895-07-17
OAKLAND GIVEN HER WATER FRONT.

tees who conveyed the land to Carpenter
are reviewed at great length, and the testi.
mony on both sides is carefully weighed
Much reference is made and many quota
tions are taken from the Chicago decision,
and the definition of public lands is made
very clear and exhaustive.
Coming down to the conclusions of fact,
the court says:
THE CITYs RIGHTS.
1t will thus be seen that, admitting for the
sake of the argument by charter the city of
Oakland was granted the power ordinarily
vested in the Legislature, to regulate and de.
clare the uses to which these lands were to be
put-to fix waterfront boundary and to fill
and reclaim lands lying below high-tide mark
yeta grant of such power to private person
or corporation am cunts to an abdication of one
of the duties devolving upon the municipality
or the State.
But have looked in vain for any express au-
thority conferred by the Legislature upon
either the town or city of Oakland whereby it
was given the right to I'LL in or change the
The San Francisco call., 1895-07-17
The Southern Pacific Railroad Company Had
No Valid Title.

the north side of the estuary,
around the east end, along the south
line of the estuary on the Ala
media side, and thence southwesterly
from Alameda Point to ship channel, thus
taking in not only the water front of Oak
land but also the water front of what is
now the city of Alameda, both its northern
and western water front. In later years
the boundaries of the city of Oakland and
its present boundary on the south is as
follows: A line running from the eastern
end of the canal and estuary down to the
center of the estuary thence along its
center westward to its mouth, and thence
to ship channel in the bay, thus excluding
from the present city OF Oakland the
southern half of the estuary and paral-
telegram extending southwesterly about
half a mile wide and two miles long.
This southern strip, Judge Ogden holds, is
no longer within the jurisdiction and con-
troll of the city of Oakland, from which it
would follow that it is either under the
jurisdiction and control of the city OF Ala
media or under the jurisdiction and control
of the State of California directly.
"Third-He holds that where the water
front company has made or caused to be
made improvements actually used in aid
of commerce and navigation, as to
those small pieces the city is estopped to
take possession or take them away from
the waterfront company on the doctrine
of estoppel founded practically on natural
justice-i. e., if the city after the COM
promise of 1868 has stood by and seen the
defendant expend money on certain par
cells and use them not in violation Of but
in aid of commerce and navigation, she,
the city, ought not now to be permitted to
take them away from such defendant so
using these parcels. 1t is to be observed
that the nature of the use is included in
his determination, namely, that the use is
not an exclusive private use, but one de-
voted to commerce and navigation, which
subserves the public use and benefit.
The San Francisco call., 1895-07-17

Continued on Second Page.
The San Francisco call., 1895-07-17

property is held by the State by virtue of her
sovereignty in trust for the public. The trust
with which they are held, therefore, is gov
ernmental and cannot be alienated except in
those instances mentioned of parcels used in
the improvement of the interest thus held"
The Supreme Court of this State has not
varied from the rule here stated, except in GER
tain cases, where they have held that patent
of the United States confirmatory OF Mexican
grant conveyed the land below tide waters.
This was upon the theory that where grants
had been made by the Mexican Government,
while sovereign of California territory, this
Government was bound by the treaty Of Guada-
lupe Hidalgo to confirm. And even in the abb
sence of such treaty refusal to confirm
The San Francisco call., 1895-07-17
ONE URGED SILVER, THE OTHER GOLD

part with its title to land held in trust for the
benefit Of the people, to be converted into
private ownership. lConceding that II nad
that power)
No case has been presented to the court
wherein it has been squarely held that grant
of all the land under navigable waters imme-
diately in front OF and around maritime city
was valid.
At common law all streams in which the tide
GIBBS and flows are navigsble streams, and this
rule does not depend upon the navigability or
non-navigability in fact of q stream, but upon
the criterion afforded by the influx and refux
of the tide.
The learned jurist who wrote the opinion in
the case of Illinois Central Railroad Company
VS.. Illinois (supra) there said:
''We cannot, 1t is true, cite any authority
where grant of this kind has been held in
valid, for we believe that no instance exists
where the harbor of a great city and its COM
merce have been allowed to pass into the con-
troll of any private corporation. But the deci-
sions are numerous which declare that such
The San Francisco call., 1895-07-17
WHAT 1T MEANS.
Oakland Can Furnish Ample Room for One
Hundred Railroads.

Oakland Can Furnish Ample Room for One
Hundred Railroads.
Attorney W. r. Davis, the leading coun-
sci for the city of Oakland throughout the
trial, was asked yesterday to express as
succinctly as possible just what the de-
cision means.
Under the decision" he said, "the city
of Oakland and the public recover every
thing that she could ever need, and the
property thus recovered will furnish ample
room for one hundred railroads with all
their landings, depots and every facility
known to commerce.
Three principles are also laid down
very clearly.
"First-That the city's claim and title is
held good, and prevails against all private
claims. This ground of the decision is
based upon the character of the property
concerned, namely: that it is a part of the
bay of San Francisco, is covered by natural
tides, is navigable in fact, and declared
navigable by the Legislature. This por-
ton of the opinion follows the contention
of the city and her counsel made from the
beginning, and is in conformity with the
doctrine laid down in the Chicago lake.
front case.
"second-Judge Ogden holds that while
the title to the entire water front described
in the act of 1852 incorporating the old
town of Oakland is vested in the town of
Oakland, portion of it has now be-
come divested by reason of the change in
the boundaries of the present city of Oak
land. will make this clear. The old town
of Oakland's boundary line ran around
the east shore of Lake Merritt along
The San Francisco call., 1895-07-17

public character of any considerable portion
of the tide lands within It's borders.
Upon the contrary, by its solemn act passe,.
In 1851, the Legislature declared the estuary
of San Antonio from its mouth to the Embar
cadero to be navigable, thereby dedicating it
to public use.
The statutes of 1867-6s empowered the city
of Oakland to issue bonds for removing OBJ
structions at the mouth of the estuary and to
keep the channel of said creek open for navi-
cation.
In 1859 the Legislature passed an act to I'M
prove the navigation of San Antonio Creek and
constituting the Board of Supervisors a board
of commissioners for that purpose.
In 1875 the Legislature (statutes 1876 page
The San Francisco call., 1895-07-17
control Of their streets and

cipalities in - control Of their streets and
IL would follow from the views above ex-
pressed that the conveyance from the town of
Oakland to Carpenter is void as against public
policy.
If void, could the subsequent ordinances of
confirmation cure the defect?
Confirmation may make good & voidable or
defeasible estate, but cannot operate upon or
aid an estate which is void in law.
ENeither can the act of the Legislature in con-
firmlng the ordinances of the Board of Trustees
be construed into new grant of these tide
lands to Carpenter. Nothing short of very
explicit expression by the Legislature would
justify court in holding that it intended to
The San Francisco call., 1895-07-17

567) granted the right to the city of Oakland
to open streets to the channel of said creek and
to deep water in the bay of San Francisco.
This is the first express authority given to
the city of Oakland to encroach upon the
navigable waters, save by the erection of
wharves.
1t has been contended by defendant that
because the United States through its War
Department has adopted 'plan OF Oakland
harbor.n whereon is delineated pierhead and
bulkhead lines, without further legisla-
ton it has the right to fill in up to the bulk
head line and construct piers up to the pier
head line.
Under the Federal constitution Congress is
given the power to regulate commerce, etc.,
and it has been held that whenever Congress
exercises this form of regulation, State regula-
ton must invariably give way But this regu-
lation is of political nature.
The San Francisco call., 1895-07-17
POWER OF THE LEGISLATURE.

We're it not for the language used in the
Chicago case already quoted 1t would remain
extremely doubtful whether the Legislature
has the power to delegate to municipalities the
sole power OF controlling the governing tide
lands and navigable waters thereon.
Ordinarily no greater power can be granted
a municipality over navigable waters and the
land hereunder than can be granted to muni-
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-03-03
Finest Broom

IN the country 9 strings.
brass cap Usual CSC