davidaulloa/AmericanStories huggingface dataset:
The herald., 1895-11-12
As TO A FOUR YEAR TENURE
The Supreme Court Will Have
to Pass on It
COUNTY OFFICIALS NERVOUS
Think They Can Hold Over Even Under
an Invalid Statute
COUNTY OFFICIALS NERVOUS
But the Consensus of Local Lega, Opinion Is
That They Err-How the Matter
Could Be Tested

The public servants who are now hold
ing official position in the county court
house are making, in some instances, an
oren boast that they are there to stay for
one term of four years. They are all will
ing to admit that the law under which
the tenure OF the county officers in Los
Angeles county was changed by the last
Legislature from two years to four years
is unconstituti NAL. But they claim that
there is no legal avenue by which the
direct Issue as to the Constitutionality of
the tenure of office act can be carried to
the supreme court of the state for final
adjudication in time fol the legal prelim-
inaries, that are essential to legal cleo.
ton to be gone through with, in the
event that the supreme court should hold
that the four-year term provision was un-
constitutional. This being the case they
assert that even ii tine four-yenr term was
Knocked out they would hold over until
January 1899, because OF the fact that
their successors could not be elected in
1896, and that therefore NOBODY could
qualify to succeed them in January, 1897.
The great question involved is the
clause OF this county gOv0rnment act as
to tho term of office of certain off Gals in
certain counties. The clause is not ap-
Piled by the statute to every county in
the state. 1t extends the terms of certai n
offices in all counties save Fresno, San
Francisco and several others. 1t is not
what is ,ermed general legislation. IL is
what is called special class legislation in
that it applies only to certain counties in
the state and not to all.
The Legislature is q general body elected
from the entire state. lime and again
has the supreme court held chat this
body has not the constitutional power to
enact laws that wee not general IN their
application The supreme court has just
held IN the Fife hapeas corpus case that
the clause of the Whitney act providing
for gu mmary trial in certain cases in
the police courts in cities having over
80, 900 and under 100. 900 population is in
valid for the reason that it is special
legislation. 1t applies only to Los Ange-
les and to Oakland and is therefore not
general legislation. The supreme court
in this case has said: The lature
might provide by general law for the
summary ttial without jury of persons
charged with said offense (vaerGncy) but
we agree with the Lus A ngeles superior
court sitting in bank that there
is no valid statutory provision for such a
trial without jury"
In this county it will be seen that the
superior court mas also passed upon this
point of special legislation. There will
he smother case from this county which
the supreme court will pass upon soon
which also involves tits question OF
special legislation. 1t is tina case OF
Theodore Summerland county asael scr.
The last legislature took away all the
fees attaching TO Mr.. Sum m erland' s
Office. The law cffecting this was not
made applicable to every county in the
The herald., 1895-11-12
Divorce Business

Mrs. Francisco Ferrero was yesterday
granted a divorce by Judge Shaw, divorce
ing her from her husband, on the grounu
of extreme cruelty. Mrs. Fsrrero. through
an interpreter, told pitiful story OF the
i'll treatment to which she had been sub
jected.
The divorce suit of Mrs. A. d. Bedwell
VS.. J. i. Bedwell was bsfore Judge Van
Dyke yesterday on an order to show cause
why the father should not turn over the
custody of the children to the mother.
After hearing the facts the Judge ordered
the children committed to the care of the
Boys and Girls AID society, both parents
to have the privilege OF seeing them at
all reasonable times.
The divorce SUIT of Katie Trapant VS..
Ernest Trabant, on the ground of cruelty,
came up before judge Van Dyke yester
day, when the pleadings were read and
the hearing continued until today.
The divorce case OF McGreen VS.. No
Green was before Judge Van Dyke again
yesterday on an order to show cause why
the alimony order has not besn paid.
The matter was partially heard and cou-
tinued.
The herald., 1895-11-12
MAYNE CONVICTED OF RAPE
A Jury Declares That He De-
bauched Elsie Shipton
DEFENDANTS WEAK STORY
Only General Denial of the AIlega.
cations Against Him
EFENDANT'S WEAK STORY
Trial of Another Rape Fiend Commenced "A
Busy Day in the Divorce Line.
General Court Notes

sThe trial of Clifton L. Mayne, charged
with rape on the person OF Elsie Shipton,
came to close yesterday. AS has been
the case since the opening of the case.
the court room was crowded and the pro.
ceedings were followed with the closest
attention.
When the case was called Mayne took
the stand in his own behalf Mayne took
his situation very coolly, and in answer
to guarded questions by his leading coun.
sci. Mr.. Copeland, gavs brief outline
OF his lite. Mayne told where he was
born, his early business experiences as
well as his career in Omaha. He told
about his first and second marriages,
which he said were unhappy, and then
went on to say that his object in adopt
ing Della Shipton was to get CIR. about
the age OF his own daughter to take her
place. He denied that he had any inten-
ton OF adopting Elsie, but simply brought
her along as company for Della. Mayne
denied that he had at any time ever had
criminal intercourse with Elsie Shipton,
and stated that his relations with the
Wrights had always been OF the most cor.
dial nature until he went to San Diego.
II
after that oil he ever heard from them
was in reference to money he owed them
until he was arrested. AS to the name
Lotus, he used 1T on account of property
matters with his wife. but he told Mrs.
Shipton and the girls that this was not
his name.
10 the surprise of the audience, Mayne
was not cross-eXamined, not being asked
a single question.
At this point the defense rested, and F.
a. Donegan, former employee of
Mayne's, and Elsie Shipton were put OIL
by the people in rebuttal. This closed the
'es.imony and recess was taken.
Az the afternoon session Deputy Dis.
trict Attorney McComas opened the argu
meht for the prosecution. He was fol.
lowed by Mr.. Copeland for the defense,
VINO made an ingenious plea for his
client, and Assistant District ATTORNEY
George M. Holtun clused for the pro sec u
ton.
Judge Smith then charged the Jury. the
reading OF the instructions consuming
ahout twenty minutes time, and at 5
o'clock the jury retired to deliberate. TAX
ing with them the Bible and certificate of
birth filed as exhibits IN the case
AT 8 o'clock nothing had boon heard
from the jury room, and as 1t was thought
that verdict would be reached verv
quickly one wav or the other. talk Of a
disagreement began 10 circulate about
the court room. Judge Smith, however.
Concluded to wait, and half an hour latsr
Inc jury came into the room with a vel
dict of guilty as charged.
Mayne was greatly broken up over the
verdict, as the worst he looked for was a
enlightenment in view of the Ingenious
argument made by Mr.. Copeland. The
The herald., 1895-11-12
United State. District Court

In the United States district court
yesterday, before Judge WelIborn, Pearl
Barth olomew, the Sum NJ erland postoffi ce
robber, entered his plea of guilty. and
was let off with one years imprison m ent
in jail.
Newton Brown and Alfred Hacker
charged with cutting timb Der on govern
ment land in Fresno county, yesterday
pleaded not CAVITY. They will be tried
Willards, recently convicted OF using the
mails for the purposes of fraud in the
Beauty Wonder cons piracy, yesterday
argued motion for an arrest of jude-
ment before Judge Welborn in .he
United States district court in conse-
quence OF which sentence was deferred.
The herald., 1895-11-12

The trial of the damage suit of Mrs Da-
Wis against the Southern California Rail-
way company. which has been before
Judge Mckinley for several days past,
continued yesterday afternoon. The fea.
ture of the proceedings was the introduce
ton of expert testimony, Drs. Lasher,
Wills and N. II. Morrison being on tn.
sti nd The doctors testified az to various
heart troubles and their causes, using pa
rier maohe reproductions TO illustrate
what they meant. The case was tried
once before In Judge McKinley's court
and the plaintiff was awarded $4,000 dam
ages, but new trial was granted.
The herald., 1895-11-12
Against General rlurray

The opinion of the supreme court in
the case of Frederick N. PauIy, receiver
OF the California National bank of San
Diego, respondent. VS.. Eli II. Murray,
appellant, was received at the office of the
clerk in this city for filing yesterday.
The opinion is written by Com missioner
Van Clief, oonourred in by Commission ers
Searles and Belcher and affirmed by JUS
tees Harrison, Garroutte and Van Fleet.
The decision OF the lower court in Civ
ing Judgment against General Murray AS
surety on promissory note for $57S. 80
made by Hugh Burns, is affirmed.
The herald., 1895-11-12

up those lots The Heral1 is giving away
to all subscribers may be worth $1,000
each. Why not secure one or more and
have the deed made out in the name of
your prospective heir? If you are TAX
ing The Herald subscribe for another
copy, send it to some eastern friend or
relative and have tho town lot which
comes with 1t decided to some m EN- Der
The herald., 1895-11-12
RUPTURE

To the people who are suffering from
rupture. Professor Joseph Fandry, for
merly of Berlin, German. now OF Santa
Barbara, is practical rupture specialist
and truss manufacturers. Infor nation
free whereby you can be cured. Those
having tried all kinds of patent trusses
and found no relief, also have given up
all hope. to those people am calling their
attention. and especially ask them to
send me their addresses
The herald., 1895-11-12

The grand jury found several indict-
ments yesterday which they desired to re-
turn before Judge Smith. They got as
far as the court room door, but argument
was In progress in the Mayne rape case,
and Judge Smith declined to permit an
interruption. They are supposed to be
Cor perjury committed in the recent trial
of Mace Mayes, the Antelope valley cat
tie thief Just convicted of grand larceny.
The herald., 1895-11-12
Charged With a Heinous Oficnse

The trial of John Harraty, man past
middle life. was commenced yesterday be-
fore judge York and a jury on n charge
of assault to commit rape on the person
OF Pauline Brown. an S-year-oid girl
The defe ldant is carpenter and was at
work on house next door when it is al
legged he enticed the child into the house
and attempted to outrage her. The father
and mother of the child testified as to the
The herald., 1895-11-12

occurrence ana also Police Officer Lev
erich. The little girl was then put on the
stand, but the child was too frightened to
tell her story and Judge York continued
the hearing until today.
The herald., 1895-11-12
A Child Enjoys

The pleasant flavor. gentle action and
soothing effects of Syrup OF Figs. when
in need of a laxative, and ii the father or
mother be costive or bilious, tho most
gratifying results follow its use; so that
1t is the best family remedy known, and
every family should havs bottle in
hand.
The herald., 1895-11-12

result would Indicate. however, that the
doubts that may have been raissd BY Mr..
Copeland were set at rest in the closing
argument by Mr.. Holton.
The herald., 1895-11-12

When ordering Cocoa AMI Chocolates be sure
and ask for fIuyler's. They nave no super. oI.
The herald., 1895-11-12
California Medical and Surgical Institute


CATARhH
wecur
ecre
IT,
dainsu ndeveope dorgans sand lo
The herald., 1895-11-12

People afford to wait this proposition the lots going
off at very rapid gait They will soon be gone.
Read what the papers say about the land Talk to those who
have been see land This conveys the proper idea of its value
There no Disgusting fact that is the biggest offer newspaper
made the public.
Lancaster will grow be big will have two railroads
is the only place for town between Los Angeles and
Bakersfield.
The herald., 1895-11-12
Some information for You
A Word
About the Land

AS every one knows Lancaster is comparatively
new town. located in the center of Antelope Valley along
the line of the Southern Pacific Railroad = miles north
of Los Angeles, in Los Angeles county 1t new for tie
that up until few years ago water was Supposed
to exist only in the mountains and that it would require
large sums to bring water upon the land for irrigation
purposes But this theory has been exploded during the
past few months by striking aeSian water at depth of
only 1872 feet These wells are now to be found every
where pouring up the cearet Of pure water and vegeta-
ton of all descriptions is springing into sight Activity is
apparent in all directions New settlements are being
made throughout the valley and i'll few years more the
entire region of which Lancaster the CENTER will be the
most populous and thriving part of Los Angeles county,
Where the town is situated and where THE HERALD lots
are laid out the land is level as floor They are easily
worth from Sc to 500. The town of Lancaster is
thriving town of ESQ 800 inhabitants, and WILL w1tlln
few years, grow into place of much prominence. The
surrounding country receiving influx of settlers who
will open homes and improve the land i'll the best possible
The character of the products grown in this
gion indicates most clearly that very large population
can and will be sustained in Antelope Valley with Lam
caster its center Mail subscribers have the same
opportunity those who live in the city, The price of
THE HERALD is as follows:
The herald., 1895-06-07
GOOD NEWS FOR EX|[ES
One of EcuadOr's Principal Cities
Captured
THE FALL OF GUAYAQUH
EcuadOrean RevOlutiOnists ROut the
Government
Ignacio Robles Appointed Civil and 1iltary
Chief-The Taking of Babahoyo by
General Bowen
Associatei Press Special Wire.


PANAMA, June 6.-Guayaquil has
fallen into the hands of the revolution
lists and the rebels have proclaimed Cen
eral Ignacio civil and military chief of the
rebels. Such is the nature OF the dis
patch just receievd by Ecuadorean exiles
here, who are jubilant over the success
OF the insurgent' cause. With Guayaquil
in the hands of the insurgent party, the
rest OF the republic Will soon be compelled
to submit. Nothing has been heard as
yet OF Tyrant Flores. He is supposed to
have fled the country.
Babahoyo was taken by General Bowen
on Saturday when 800 rifles and four
krupp guns were captured and 260 prison.
ers were taken. Hauache has been occu-
pied after hard fighting by the rebels.
EsmeIaldas and Bahia, the latter OF which
is the principal port OF the province,
vhae been captured. All towns on the
coast have declared in favor of Alfaro.
WASHINGTON. June GA cablegram
dated at Guayaqull, reads:
The insurgents have possession of the
citv. Governor General Flores has re-
signed. Ignacio Robes, Liberal, has
been proclaimed militaryand civil general
municaiton with Quito by telegraph is
interrupted.
The last stat ment explains why the
state department has beard nothing of
the progress of the revolution from United
States Minister Filman, who should have
arrived at his post at Quito some time
ago. Ecuador has been in a turbulent
state for some time past ana much dissat-
isfacton was expressed by the people
generally at the conduct of the govern
ment. This was fomented by the trans
fer of the celebrated Chilean cruiser
Esmeralda from Chile to Japan unde
cover of the Ecuadorean flag early III the
spring, and since that event there have
been several revolutionary outbreaks
cumulating in this last successful attempt
to overthrow the government, for it is be-
lieved here that if Guayaquil and other
Principal coast cities have fallen into the
hands of the revolutionists, their COM
plete success will be only a matter of a
few davs
The herald., 1895-06-07
MILLION DOLLAR WEDDING
Nuptials OF James A. Burden, Jr., and
Miss Florence A. Sloane
United-The Ceremony Performed
at Lenox 1ass.

LEMON, Mass, June 6.-Two OF the
richest families in America were united
today at noon when, at Trinity church
James Abercrombie Burden, jr., and
Miss Florence Adelaide Sloane. grand
married. The most elaborate prepara-
tions have been made for the event. i'll
volvlng the expenditure OF $1,000, 900.
About 800 guests were under the care of
Mr.. and Mrs. William Douglas Sloane.
Mrs. Anson Phelps Stokes entertained
fully eighty guests at her residence.
Shadow Brook. The church was trimmed
with white and green. the colcrs OF the
Porcelain club, the most exclusive organ
izaton at Harvard university, of which
Mr.. Burden is member. The ushers.
all mem bers of the class of '93 at Har-
ward with the groom, were Thomas l..
Perkins, Louis Adams, Rufus X. Thomas,
George B. Blake, George Richmond Fer
ing, Colum bus C. Baldwin. The brides
maids were Misses Emily and Lily
Sloane, sisters of the bride. and Miss
Gertrude Vanderbilt and Miss Beatrice
Bend. The maids of honor were Miss
Ruth Twombly ana Miss Jessie Sloane.
Frederick Winthrop was the best man:
The brides dress was made by Worth, of
point lace. The veil was of very rare old
lace, fastened at the crown of the head
with bunch of orange blossoms. The
services were read by Rev, DR.. William
Grovener of Trinity church. and bless
ing was give by Rev. DR.. John Hail OF
New York.
Directly after the ceremony. traps were
in readiness to convey the guests to Elm
court, the country place of Mr.. and
Mrs. Sloane. Here bridal breakfast was
served. Among the guests was w. X.
Vanderbilt, who had not been expected.
but came up,in private car.
The bridegroom. James Abercromble
Burden. jr., is member OF the family OF
Burdens whose fortune originated in the
great iron works at Leroy, N. ", bear
ing his name. He is himself million
aire and has been a prominent flgure IN
New York society for several seasons.
The reception given at the Sloan coun-
try place, which comprises two thousand
acres and is considered to be one OF the
most valuable estates in the fashionable
colony OF Lenox. For the occasion the
preparations have been upon scale of
magniticence more than regal, involving.
it is estimated, an expenditure OF about
500, 900. The Curtis, one OF the largest
hotels in Lenox, was engaged for the ex-
elusive use of wedding guests for three
days. A special train conveyed guests
from New York to Lenox and will re-
main there until they are ready to return.
The item of expense for transportation
of $50 broughams to Lenox for the use
of the guests is estimated at $1,000. The
brides trousseau is said to have cost $40,
900. The presents have been mostly in
the form of Jewels and a conservative esti-
mate has placed the value OF the gifts
about 500. 900.
The herald., 1895-06-07
M Money or Friends

Sarah Coyvant, very deaf woman, 40
years of age, was examined on complaint
OF Mrs. Sarah Nickens on the charge OF
insanity in department four yesterday
afternoon. Mrs. Nickens said that Mrs.
Coyvant came to her house, pre-empted
on one of her bedrooms. made herself at
home and slept in the bed without per-
mission and against her protest. She de.
cared in court that she was a citizen OF
the world and had no home. After being
discharged from the county hospital
some time ago she walked the streets, be-
ing unable to procure lodgings. When
being demonstrated with by Mrs. Nickens
for STAYING at her house, she told her
that she wished her "doggone old house"
would burn down. 1t appeared more OF
q case OF distress than insanity, and the
woman was ordered sent TO the county
hospital.
The herald., 1895-06-07
VOLUNTEERS OR REGULARS
Another Decision on PensiOnabe Rights
of Soldiers
Cases OF Enlistment During 1904 and iS65-A
Nice Distinction 7ade by the
Department

WASHINGTON. June 6.--Another de-
cision has been rendered by Assistant
Secretary Reynolds bearing on the ques-
ton of the date of the civil war and the
pensionable rights of soldiers enlisted in
1864 and 1865. The conclusion reached
by Mr.. Reynolds is that in all these cases
the question to be ascertained is whether
the enlistment of the soldiers was for
service m the war OF the rebellion or for
the regular army. If the former, he is
pensionable, and if the latter, he is not.
Mr.. Reynolds cites the various orders
suspending enlistments for the war and
thosefordering commencement of enlist
ments for the regular army. He says:
''As to these volunteer enllstments in
the regular army after the cessation OF
armed hostilities, it cannot be truthfully y
SAID that their enlistment was for the
war of the rebellion"
In reference to the decision of the su-
preme court assigning August 20, 1866 as
the end OF the civil war, he says:
1.-The reasons. however. which would
admit of this holding. where the right OF
the parties in the cases involved might
be affected by the running of a statute oil
Limitations cannot be accepted to estab-
lish the dase of the termination of the
war of the rebellion where the questions
involved are whether an enlistment was
in fact for the war of the rebellion and
the service performed hereunder il
furtherance of its suppression.
The secretary therefore holds that the
enlistments IN the loyal states after Apri
3, 1S65-when recruiting in them ceased
will not be deemed enlstments i'll or fol
the war of the rebellion.
In other states, territories and the Dis
trlct of Columbia, June l, 1865, will b'
taken as the final date. as eniistm ent'
tnen ceased in those parts of the country
and July l. 1865. when the blockade o
the southern ports was raised. will b,
taken as the final date OF war enlistment
for the navy.
The herald., 1895-06-07
CHICAGO AND NORTHWESTERN AFFAIRS
Annual Dividend on Common Stock Reduced.
The Earnings

The Earnings
CHICAGO, June 6.-1he directors of the
Chicago and Northwestern today reduced
the annual dividend on common stock
to per cent. but paid Z, the usual
amount, on the preferred. The action
was not expected, as President Hughitt
had declared chat no dividend would be
paid unless it was earned, and even with
the road had an apparent deficit for the
year of $2E, 800.
The directors elected were Marvin Hug
HIT and N. X. Fairbank of Chicago,
Oliver Ames of Boston, James Stillman
OF New York, and Zenas Crane OF Dalton,
Mass. Cyrus III. Mccormick of Chicago
was elected for one year to fill the un-
expired term of Percy r. Payne, de-
ceased.
The total gross earnings were S2S. 157,-
925.a decrease OF So, s2S, 257 from the gross
earnings OF last year. OF this total de-
crease the passenger departm ent contrib
uted 81, 100, 1872, the freight S1.76S, 112.
while the miscellaneous earnings fell
off $11, 1876. The total charges including
interest and sinking funds the month
being estimated were $25. SIS. 90S. leaving
a net income from earnings of 81, 639, OIL
. decresae of $1.668, 526 from last year.
Income from investments was S24S, $685.
making a total net income of 81, sS7, 705.
Against this per cent was paid on
preferred stock--a total of 81, 563. 450 leav-
ing a balance applicable to common stock
OF 81, 324. 30. On the common stock per
cent amounting to 81, 562, 925 was paid
leaving an apparent deficit of S237 ,s39.
The dividends declared today were 134
on preferred and IL per cent on COM
mon. They are payable in New York
July 5th. No change was made in the
officers of the company.
The herald., 1895-06-07
NAVY YARDS AND DOCKS
What Commodore Matthews Says OF Those o
This Coast

What Commodore Matthews Says OF Those on
This Coast
WASHINGTON, June 6.-Comm ode re
Matthews, chief of the bureau of yards
and docks OF the navy department, re-
turned to Washington today, having been
absent a month inspecting the navy
yards and docks in the south and west.
Commodore Matthews went to Mare ISL
and. California, especially to see if the
docks at that place could be enlarged so
as to accommodate the heavy warships
OF the new navy. This could be done il
the appropriations were now available.
The money, however, cannot be used
until July 1st, and probably the work of
enlarging the dock will be commenced
soon after that date. Commodore
Matthews thinks there should be a large
wooden dock built at Mare Islanu to ac-
commodate the United States fleets on
the Pacific. The Commodore visited the
new Puget sound dock and was much
pleased With the manner in which the
work was progressing, and expects the
dock to be com pleted in September.