davidaulloa/AmericanStories huggingface dataset:
The herald., 1895-07-28
THE vI0NES STREET SEWER
An Inspection Shows That Il y WeaI
Lined

An Inspection Shows That Il b Wsll
Lined
There has been much said about the
Vignes street sewer. and yesterday Hon.
Abbott Kinney sent the following state.
ment to The Herald:
81 have examined two sections Of tho
Vignes street sewer recently constructed
and in process of construction today, J uly
9th. the work Is being done in q very
careful way under the supervision oi In
spector Bryant. The sections finishe cd
are thoroughly well done. A four-inch
stream of water run into the ditch to
pack the dirt over the sewer for twenty
four hours has produced no sign of
moisture in the sewer. The whole WORK,
as far as examined it. is a credit to the
contractors. Mess's. FricK Bros. Indeed.
1t is a special credit in view of the nu-
mcrous cases of grossly defective sewer
work done i'll this city. take this op-
portunity If suggesting that the city rule
regarding sewer connections should be
modified where the sewer is very deep
and in difficult ground. Such connections
should be permitted as to the prelimin.
ary work near the sewer in cases where
the soil is sandy or ditncult and where
the sewer is seventeen or eighteen feet
deep while the main ditch is open. A
carefully guarded policy OF this kind
would materially lessen the cost OF pri.
vate connections and also save much in
terruption of traffic and keep the streets
from a second cutting up not easy to
properly replace"
The herald., 1895-07-28
A Tendency to Judicial Capitalization

Editor Herald Has the United States
circuit court the right, when the four
teenth amendment to the constitution is
envoked. "that life, ,lliberty and property
is being taken without due process of
law" to consider the question whether a
state has violated the federal constitution
by making this or that public use?
If the United States circuit court finds
that the complainant has not had due
process of law" or not had his day
in court because the act complained
OF has not been properly administered in
his case. has it the right, under the
mere appeal to the fourteenth amend.
ment. to discuss or to bring into question
a legislative act or statute disputng the
right of state to decide just what shall
be called py it as public use? II the fed.
eral courts have the right to review and
overthrow the legislature OF a state on its
internal policy, when the rights OF any
one are the same, whether living in
the state or elsewhere. then We would like
to ask what use have we for a legislature
or q supreme courtf Why not abolish all
state courts and begin all our processes
in the United States &C urts? Why the use
less and costly machinery OF state courts
if on questions of purely local interest
the United States court can come in and
overthrow all our legislative enactments
and all our supreme court decisions?
Those who have suffered most by the
encroachments OF the federal judiciary on
the rights that belong to the states are
ready and willing to admit the power and
usefulness of the United States courts,
within their proper jurisdiction; yet they
look with alarm when they see the leels-
lative enactments on purely state matters
and the confirmation OF the same by the
highest courts of the state swept away BY
the mere fiat of United States court.
which has only one idea and that is to
show to state the superiority OF a feder-
al court over that of a state.
This idea of conflict between the
rights of a state and those Of the United
States was the basal idea which brought
on the civil war. The sword settled the
supremacy of the United States authority
over that of the stUte. 1t did not, now
ever answer the good arguments OF Mad
ison and Jefferson in favor of states
managing their own internal affairs to
suit their own local interests.
1t may have been well enough to settle
by arms the supremacy OF the United
States over states. but the application OF
this principle is working so as to de- troy
the validity of an act of the state OF ga l.
fornia and the force of q decision OF Cali.
fornia courts on questions purely. local.
when they are called into question hy
some nonresident who is not willing to
submit to the same terms which citizen
of California deems Just. The question
is, Is it altogether best to leave our IN
ternal and home affairs to be admiListel.
The herald., 1895-07-28
The University Association

Persons of either sex seeking employ
ment OF high grade will find an invita-
tion under appropriate heading in an
other column. Among the many plans
for popular education the University as
sociation of Chicago com bines new and
meritvrious features. The university
extension courses are conferring their
benefits upon those who listen to the lect-
ures and are. with Ckautauqua work. do
ing much good.
ing and bringing within reach Of study
clubs or solitary students the most i'm
portant branches of college study. A
large number OF distinguished educators
OF the east are Iaboring with great sue
cess in this work. and have determ ned
to present the matter to the people OF
California. The Pacific coast secretary
can be found at the Hotel Nadeau for q
few days.
The herald., 1895-07-28
ARE WE TOO nUcH GOVERNED PEOPLE

Are we not oppressed by weight of un-
necessary. perplexing, conflicting. and in
their tortuous uselessness, pernicious
laws? Ever since the promulgation of
the decalogue there has been no end to
the making OF laws. Townships.
cities, counties. and states in our country
for the past century have been recording
ordinances and statutes, while the acts of
congress and federal statutes. together
with decisions of state and federal jud ses
torn an intermInable mess of vexatious
lumb ber of words. which bind the hands
and fetter the feet of justice to such an
extent that most men will allow them
selves to be imposed upon, or even Ioh-
bed up to certain limits rather than to
appeal to the courts for remedy that is
but problematical no matter how much
right the complainer may have on his
side. nor how upright the judge. So far
has the suspicion of the efficiency of
law and courts gone, that it business
man engages in an important lawsuit it
affects his credit more or less, and the
community look upon a litigious person
as just degree better than public often
der.
A correspondent in another column calls
attention to a most trying phase of this
interfering result of the present compli-
Gated system of law. The Wright act
creating irrigation districts was tested
aH through the California courts to the
state supreme court; then case involv
ing it was taken to the federal supreme
court. where it has been resting in a
pigeon-hole for many months. Mean
while, case is brought in a circuit fed
eral court and the decision knocks the
act out completely. and disastrously at
fects the credit of the state, renders
worthless millions of dollars worth of
securities, and deals staggering blow to
agricultural interests, and creates another
issue to be paased upon by the United
States supreme court after it settles the
points IN the case now pending.
Supposng that that august tribunal
sustains the act as concerns the issues in
the two cases, there is nothing to prevent
another circuit judge from finding some
other supposed defect in the law and so
opening the whole disastrous controversy
again.
The remedy for all these evils is not
plain. but the people ale thinking much
on this and similar questions and in
time the existing defects will at least be
amellorated; first, there should be in
creased tinality, decision should decide;
in the procuring of justice and the preser-
vation and presentation of their individ-
sual rights the poor should be given all
the facilities and weapons OF legal war;
fare that now only the rich can buy or
hire; there should be ruthless sweeping
away of abused rechnicalit;es. which only
serve to obstruct right and aid wrong; in
both criminal and civil processes there
should be no delay, no recourse to purely
obstructive measures; and last, but most
important of all. right should be more
and law less considered.
TO the ambitious young statesman and
publicisJ these ideas are commended for
the people will call him blessed indeed
who brings about any steps in such re-
formative lines.
The herald., 1895-07-28
I1nIGRATION AND PROSPERITY

2 The tide of imm grafton rises and falls
In due proportion to the business condi-
tions of the country. When word goes
out that business is good in the United
States there is a noticeable increase in
the number of inn migrants. 1t is also true
that as soon as it becomes known abroad
that we are having dull times here, the
steerage quarters of the liners are compar-
stively empty. The preliminary official
statement shows that during the last fis-
cal yeai the number of immigrants was
276, 1874. as against 81, ,C12 during the fiscal
year l893-94.
Now that there is general revival of
business all over the country, there will
soon be a large increase in the number of
I'm migra Such is the casa already.
for the report for June shows an increase g
Of more than 10000 over June of 1894
Statistics indicate unmistakably that i'm =
migration is quickly affected by changes
from prosperity to depression, or vice
versa.
Before the panic OF 1873 immigration
had been rapidly increasing until it
reached bigh-water mark in that year.
when the figures reached 459 S03. Then
came the panic and the figure dropped
to 3l3, 339 for 1874. immigration continued
to all off until the minimum of 1873, 469
was recehed in 1873. Then followed gem
eral reviva. of business. and word to that
effect has no sooner gone abroad when
INN igrs.Ion began at once to increase
until the maximum OF 7SS, ,992 in 1882 was
reached.
The panic of 1884 was marked by de-
crease in immigration from 51S, 592 in 1888
to 1868 As soon as the panic OF 1884
had spent its force, and another era of
The herald., 1895-07-28
Pecention

Miss Anna Matthew gave q most enjoy
able reception Friday evening at her resi-
dence. Penn Villa, Boyle Heights. to the
bridesmaids and ushers who officiated
at the recent Van Cleve-Davis wedding,
Misses Jessie Davis. Flora Parker,
Matthew and Messrs. Shaw and Martin.
The garden was made brilliant with
many Chinese lanterns and the parlors
were effectively embellished with palms.
vines and roses. Vocal and instrumental
music and dancing all CONT bined to make
a very pleasant evening. Refreshments
were served. Those invited were: Misses
Flora Parker. Jessie Davis. Lillian Bo-
ward, Edythe Norveil. Josephine viii :
liams. Lillian Whelplay. NJ. Overman.
Ida. Jennie and Kittie Collins. Alice Nc
Comas Dell and Lind LIE Berge, Miss
Sutton. Mrs. Davis. Mrs. Rochester. Pet
Stuart. Eva Mcclure. Mess.s. Shaw, Mar
tin, Garrett. Whelpley. DR.. Murnhy.
korber, Norviel. Crist. Richardson, Skin
ner, Parker, Porter. f. Staples.
The herald., 1895-07-28
Riparian Again

Editor Herald viii our city officials
please explain to the riparian owners be-
low the city why and by what right they
take all of the surplus waters of the river
and sell 1t to parties outside of the city?
In suit brought some thres years ago
by the Vernon Irrigation company
against the city and II. NJ. Ames ct al. to
determine the right to the waters OF the
Los Angeles river. it was decided by the
supreme court (the highest court in our
state and next to the highest IN tne
United States) that the city of Los Ange-
les had the first and Dest right to wnat
water was required for municipal use
ana for use in the city, but no more.
They were prohibited from taking any
water and selling it to be used outside of
the city.
three wears, and costing $4,000 or $4,000
was over the right of the city to sell the
surplus waters of the river to parties out
side of the city. 1t was conceded, to be-
gin with, the city had right to the
waters for all city use, but no more. The
whole dispute and contention was over
the right of the city to sell to outside
parties, and in that case the decision
leads (I quote from the decision):
Here the title. if any, is gained
through continuous use which is for bid
den. and the corporation cannot hold or
use the property without the continued
violation OF its charter.
1t involves the continuous exercise of
powers with which the corporation IS not
vested, il Is not authorized to carry on
the business of selling water to outside
parties, and its officers are therefore not
empowered to appropriate water for that
purpose.
Can the English language explain any,
thing more plainly?
This decision on this right OF the city
is final; no appeal has been taken; mono
is proposed. There is but one court
higher that it can be appealed to, and
that is the United States supreme court
at Washington.
Now, will the officials of the city please
explain why they take all the water Uf the
river and sell it outside Of the city and
deprive the riparian and the real
owners of AL of it?
F. ST. call attention to the above:
The corporation cannot hold or use
the property without the continued vio-
lation of its charter"
RIPARIAN.
The herald., 1895-07-28

ed by courts whose judges get their ap.
pointments and their salaries thousands OF
miles away from and are absolutely inde-
pendent of state control or the opinions
Of our state judiciary?
The question is ali the time coming up,
Why should the United States judiciary
be the final arbiter on questions as to the
legislative authority OF a state as to what
it thought best as q means OF developing
its local and hom interests. w.
The herald., 1895-07-28
California Novelty Company

The articles Of incorporation of the
California Metal and Novelty company of
this city were filed yesterday with the
county clerk. The company will manu-
facture all kinds of articles in wood and
metal and other material. The capital
stock is $50. 600; subscribed $6U0C. The
directors and stockholder- are: Henry L.
Pinney. $500; T. W. Phelps, $1,000: F.
X. Harris. J. G. Cham berlain and W. J.
Boyle, $500 each.
The herald., 1895-07-28
Nelson Won II

sued R. T. Nelson and others for
$3.50 for services rendered. lost his SUIT
yesterday, Judge Shaw finding in favor
OF the defendants. Garrett drew three
sets of plans for house for Nelson and
one set was accepted and paid for. Gar
rett sued for payment for the other two
sets, but his claim was denied.
The herald., 1895-07-28
SUNDAY. JULY rs, 1898.
SUBSCRIBERS, ATTENTION

4hose who are leaving for out Of town
pers changed and secure regular deliv ,
cry each morning without any extra trou-
BILE.
The Herald is delivered every morning
in every town in Southern California.
Send in your changes.
The herald., 1895-07-28
Coroner's InuueSts

Coroner Campbell held an inqhest at
Azusa yesterday on the remains of Marion
Miller. A verdict of death by suicide
was found.
An autopsy was performed on the re-
mains of James De Long, who died at
the Russ house Friday night, and dis
closed the fact that death had been
caused by kidney trouble. verdict was
found in accordance with the facts.
The herald., 1895-07-28
TWO INDIANS AND A HEATHEN
Whisky DIsturbs the Peace Of the Town Of
San .Iacinfn

San Jacinto
Yook Wah was arranged before United
States Commissioner Van Dyke yester-
day, charged with selling liquor to In
diAns of the Saboba reservation, named
Jose Maria Mojavo and Dolores Arieta
Yook kept restaurant at San Jacinto
and it was there the crime was commit
ed. he giving them bottle of red eye in
exchange for a modest so cents. Con-
sta BILE Edward Nelson happened by and
perceived the Los RECALLING themselves.
so he confiscated the liquor and reduced
Iook to subjection. The commissioner
held the Chinaman to answer.
The herald., 1895-07-28

The eastern seaside resorts nave not dis
covered sea serpent this summer. but
the New York World has found the man
who has fed Jne. According to the ac-
count the sea serpent ate two hams and
four cans of soup (uncanned) for break
fast. lie then started in the direction of
Pleasant Beach, the CJney Island of
Bridgeport. probably IN search of peanuts
and cookies. But as Mr.. Serpent has not
put in an appearance at the beach i. is
The herald., 1895-07-28
ERRINGTON, THE MURDERER
The Information Against Him Yesterday Be-
fore Judge Smith

Another step toward hanging J. Bidwel
Errington was made yesterday by the dis
trlct attorney. The preliminary proceed
inGs in the superior court were begun by
the filing of an information before Judge
Smith charging the calloused assassin
with the murder on June 18th. OF Her.
29th Monday
The herald., 1895-07-28

Vice-President Huntington If the
Southern Pacific company says that the
matter Of Division Superintendent Muir's
promotion has not yet come before the
board of directors, the inference being
that it will soon be considered.
The herald., 1895-07-28

Rabbi Blum has not come forward with
any diploma or showing of graduation
at a college or university showing that
he is qualified to suprlant Miss Whitney
as high school French teacher. Re-
spectfully submitted to the board of edu-
patiop
The herald., 1895-07-28

The amount and character of stuff that
has been written since Henry NJ. Stanley
toated into parliament on the crest OF
the recent wave oil Tory victory only
proves that the newspaper fellows should
count jealousy as not the least of their
many attributes.
The herald., 1895-07-28

1t is refreshing in these days of trick
cry to find piece of public work that is
honestly performed. Mr.. Abbot Kinney
elsewhere records the result of an inspec-
tion of the Vlgnes-street sewer. which he
found creditable in all particulars. Mira
bile dictu
The herald., 1895-07-28
CURRENT COMMENT

The Santa fe, in its So round-trip ex.
cursion rate to San Diego. and the South
ern, Pacific, in its equally low rate to San
ia Barbara, will be apt to learn that such
reductions form the best possible stimu-
liant to business.
The herald., 1895-07-28

Midsummer excursion of Southern
Pacific Saturday. July 9th. Tickets good
returning within thirty days. Trains
will leave Arcade Depot s, 10 a. m. and 2
p. m. Pasadena a. m.
The herald., 1895-07-28
WiIson 0ot Thirty OaYa

Lawrence Wilson, charged with assault
with a deadly weapon upon f. Mehler
early in June, yesterday withdrew his
plea of not guilty, pleaded guilty OF sim.
pie assault and was sentenced to serve
thirty days in the county bastile.
The herald., 1895-07-28

Tho Ameer of Afghanistan has pre-
sented Queen Victoria with a jewel
casket said to be the most elaborate ever
manufactured The ameer probably
offered the casket as sort OF compensa-
ton for the cats caught, skinned and
eaten as new species of rabbit by his
sons Tetinue while occupying Marlbor-
ouGh house.
The herald., 1895-07-28
To Loan

We have $1,000 that we desire to place al
low Iate of interest one year with privi-
lege of five or longer. Arthur Bray & Co.
230Ia S.SpIing ST.
The herald., 1895-07-28
ANNOUNCEMENTS

EASTERN OFFICE: 43 and As. Tribune build
ing, New York.
FRANK 8. GRAY. Eastern Agent
Tho papers of all delinquent mail subscribers
to the Daily Herald will be promptly discon-
tinued hereafter No papers Will be sent to
subscribers by mail unless the same have been
paid for IL advance
No contributions returned
The herald., 1895-07-28
Terminal Island

The pavilion and bath house are open
for the season. Fish dinners. fine bath
ing, boating and sailing.
The herald., 1895-07-28
TO THE EDITOR

1.-THE Herald under TIL is heading prints COM
munications. but does not assume RESPONSE
bility for the sentiments expressed.
The herald., 1895-07-28

Now at Port Los Angeles. We run right
by it. Southern Pacitc's round trip, so
cents.
The herald., 1895-07-28
The Whale

A full line of lunch goods can be had at
H. Jevne's.
The herald., 1895-07-28

A. A. Eckstrom of 324 s. Spring ST.. is where
you want to go looking for good wall paper at
lie right price
The herald., 1895-07-28
supposed that he must have heard OF Cap
tain Steere and is headed for Ballona.

The state OF New Hampshire mas
brought suit against the Manchester and
Lawrence Railway company to recover
$3.50, ,UOO the amount claimed as due the
state, it being the excess earnings over
10 per cent profit. Such was the contract
by which the charter was granted, but
the railroad company has never "antied."
The railroad ought to have secured a
president of the Z. P. Huntington school
then the profits would appear on the
books as deficit.
While the man portion OF the great
Santa Fe railway system is in the throes
of financial embarrassment, the Southern
California railway. n portion of that COM
pany's holdings. has not only remained
free from receivers clutches BUT is
steadily doing fine business. This is due
to two special dispensations OF providence
one, that 1t is managed by that sterling
railway genius Mir. X. II. Wade; the
other, because it is located in Gods coun-
try, Southern California.
A robber who was wanted for some
shady transactions was recently captured
near Washington, d. c. He was hiding
under pile of brush, and when taken
remarked that he might have gotten
away but that he was afraid to move from
fear Of two snakes, also tenants of the
brush heap. Now the trouble out here is
that our highwaymen and train robbers
are afraid of neither snakes nor sheriffs.
Since the Christian Endeavor societies
have developed into such grand organi-
zation, folks in Haverhill. Mass, are max
ing life unpleasant to certain two old
r:aids of that city. 1t has developed that
the Rev. Mr.. Clark. the founder of the
Christian Endeavorers. was prevented
from taking charge of Haverhll church
by 1.-TWO spiteful old maids" Does it
ever occur to those folks that had Rev.
Mr.. Clark gone to Haverhill the societies
might never have been founded. 1t was
six months later while in charge of a
country" church that the divine evolved
and put into operation his idea. Had he
gone to Haverhill the ''spiteful old
maids" might have taken up his time.
The herald., 1895-07-28

The wall paper dealer OF the city is Eek
strum, 324 South Spring street.