davidaulloa/AmericanStories huggingface dataset:
The herald., 1897-09-29
A PARK LOST
Central Park Was Never Dedicated
and Is Private Property

Central Park Was Never Dedicated
and Il Private Property
Judge Van Dyke yesterday handed
down an opinion In the case Of the city
of Los Angeles against E. F. Kyor, q
| suit wherein the city sought to quiet
| title TO Central park The defendant
| denied that it had ever been offered by
the owner to be dedicated as a public
| park, and claimed 1t as his private prop
erty.
The court finds that the block in ques-
tion, on Central avenue, was never dedi-
Gated for public use. In quoting from
a California decision the court says:
Property cannot be taken for public
use without compensation unless the
owner is willing, and this willingness
should be manifested by clear and un-
mistakable acts. Parties are not to be
done out Of their property by doubtful
implication, no matter how greatly the
public may be inconvenienced. Has the
owner freely given, or is he by some act
estopped from denying that he has, is
the real inquiry in every such case.
Otherwise 1t would constitute taking
in invitum for public use without COM
pensation.
In July, 1887, ard long time prior, the
defendant owned body Of land lying
south of and outside of the city bounda-
ries in the Vernon district, embracing
the Central Park tract On July % Of
that year he entered into an agreement
with the Los Angeles ard Vernon Street
Railroad company to convey said lands
embraced in the Central Park tract for
$100, 900, to be paid in inStallments. The
railroad company entered into possess
sion Of the tract, made map of the
same and filed it for record. This map
had delineated upon it block called
Central Park" embracing about eight
acres. The railroad company put bench
es and seats in front of the orange orch
ard-for that is what it really was-in
front Of the dwelling house occupied by
defendant. But others than those rid
ing on the cars were not restricted from
entering and occupying the seats. From
the time of the agreement with the rail-
road company the grounds embraced
within the park have been cared for
either by the defendant or those who
were in possession under him. The
orchard was cultivated and the fruit
sold and the shrubbery and flowers
cared for in the same way, and the whole
block has been assessed and taxes paiG
the same as before the filing of the map
In 1890 some of the streets in Central
Park tract as shown on the map, were
abandoned, and after the incorporation
of that district within the city the de-
fendant offered to sell the park block in
question to the city for public spark,
and petition was presented on behalf
of citizens in that portion of the city to
the park commissioners that the pur-
chase be made. Instead of complying
with the suggestion. the present action
was begun, on the theory that dedica-
tion had already been made of the block
in question as public park.
The supreme court has held that ded-
ication includes both the offer and the
acceptance of the offer. Inasmuch as
dedication as thus defined was never
made of Central park, Judge Var Dyke
found for the defendant as already in
dicated.
The herald., 1897-09-29

QO15N Esther Byos; final account of ad-
ministration.
Q2S73) Philip Sampson; final account and
petition for discharge.
Q3OS9) b. Emmert; final account of dis
tribution.
Q321O w. J. Quinn; final account and
distribution.
Q697S) John Dunn; final account of ad-
ministrator.
IN. p. 1886 Lenore Gilmore.
IN P. 220O F. Coulter, jr.; probate OF
will.
IN. P. 1900 August Ferlin; confirmation
of sale of real estate.
IN. P. 1900 Marcus G. Settle; final ac-
count and distribu tion Netition for
final discharge.
GsS7O P. Colling.
(s573) P. Wooley.
(12252) George Reynolds.
C1S2) Mary l.. Brennon.
q56S2) E. D. Wilson.
(17964) B. Mueller.
DEPARTMENT THREE-Judge York.
Wilde VS.. Field.
Wilde VS.. Cole.
DEPARTMENT FOUR-Judge Van Dyke.
(2S20S) Downey estate VS.. Southern Pa
cific Railway company.
DEPARTMENT FIVE-Judge Shaw.
(22S35) Bowering VS.. Adams.
DEPARTMENT SIX-Judge Allen.
(2679O Holmes VS.. Pasadena and Mount
Wilson Railway Co.
TOWNSHIP COURT-Justice Young.
Burton VS.. Burlingham; trial.
People VS.. Walker; misdemeanor
People VS.. Bird; felony.
Cuccia VS.. Abila; motion to set aside de-
fault.
The herald., 1897-09-29
HELD FOR BATTERY
The More Serious Charge Of Rape
Against Dilly Is Dismissed

The charge of attempted rape on
which George Dilly was arrested al
Westlake park Monday night was yes
terday changed to simple charge ol
assault and battery. This was done be.
cause there seemed insufficient evidence
to convict on the more serious com
plant, as there had been no witnesses
to the offense besides the complaining
witness. The watchman who arrested
Dilly can testify to the assault so fai
as the battery is concerned.
Dilly was arraigned yesterday and an.
nounced his determination to fight thu
case. October 1 was the date set fol
pleading.
The herald., 1897-09-29

they have averaged the one inch under
four miners inches Of pressure. which
the contract calls for.
The case has been pending for three
years, and now that 1t has come to trial
will occupy from one to two weeks in
trial.
The herald., 1897-09-29
COURT CALENDAR
Cases to Be Called in the Department.
Today

DEPARTMENT ONE-Judge Smith.
(2392) Albert Mayhem; trial.
(2S20S) Downey estate vs.. Southern Pa
cific Railway Co.: argument from Sep
tember 25
DEPARTMENT TWO-Judge Clark.
IN. p. 210D NARROW minors; petition to
sell real estate.
IN. P. 273) Fannie D. Northrop; final ac-
count and petition for distribution.
C009O Sarah J. Wise; final account and
petition for discharge.
The herald., 1897-09-29

You wifi make money buying Pacific
Consolidated mining stock. S. H. Ellis. 21s
Stimson block.
The herald., 1897-09-29

Largest variety Concord business wag-
ons and top delivery wagons. Hawley.
King & Co.
The herald., 1897-09-29

All prices of wall paper greatly reduced
A. A. Eckstrom, 1924 South Spring street.
The herald., 1897-09-29

Hawley. King & Co., .,cor5th st. and Bwy.
agents genuine Columbus Buggy compan,
buggies and Victor bicycles.
The herald., 1897-09-29

Everything on wheels Hawley. KIM
& Co., cor. Fifth street and Broadway.
The herald., 1897-09-29

Agents Victor, Heating. World ar
March bicycles. Hawley. King & Co.
The herald., 1897-09-29
BORN

CRAM-To Mr.. and Mrs. c. H. Cram, at
Camulos ranch, Ventura county, a daugh.
ter, September %, 1897.
The herald., 1897-09-29
IoTTINGs
Our Home t3rsw

5000 Our Home BfsW
Mater = Zobelein's lager. fresh from their
brewery. on draught in all the principal
saloons: delivered promptly in bottles or
kegs. ONCE and brewery. 40 Also street;
talnrahnna Of
The herald., 1897-09-29

..f. WoIcott's Miniug Manual
Contains the new mining laws of the state
and valuable mining dictionary; price, q
cents; also Wolcott's mining blanks; all
lhooksellers.
The herald., 1897-09-29
DR.. WONG HIM
831 South Hope Street, Los Ange.
les, CAL

DIR. WONG HIM, sS1
8. Hope ST.. Los Angeles,
| !
Cal.-Dear Sir: In JUS 20
tice to you and for the
benefit Of others, / wish K@
to make q statement OF
my was afflicted
with liberation OF the NJ
rectum and hemorrhage - - NJ
of the bowels. was n 0S Z,
treated by two good doc NJ
tors, until lost 32pounds " T.. " n
of flesh and became so -.S'
weak from loss Of blood
that was unable to at
tend to business. then \>-
commenced doctoring
with Dr.. Wong Him. The
bleeding stopped and
commenced to improve -
with the first dose Of medicine, and at the end Of
four months had regainec my lost flesh and
health, and today am well and sound. In DR..
Won. HIm's honesty. integrity and ability to cufo
any disease that he says he can cure, I have un-
bounded confidence and faith and would recon.
mend him to all needing q doctor. Yours truly.
President Citizens Bank, South Riverside, Cal,
Sept 8, 1897
Cured Of Stomach and Liver Troubles by Dr..
To the Public-It gives me great pleasure to say
that Dr. Wong Hims treatment In my case has
been most successful For years l have been
troubled with the kidney and stomach troubles. 1
received no permanent help. Dr. Wong Him's
treatment has removed all tendency of these trOu-
bles and seems to be permanent In Its results.
like DIR. Wong Him's Ideas of Herb Treatment
cleaning and renovatiug the system before building
1t up again. am certainly pleased TO say that he
has done q great deal OF good to me, and that
have found him to be we'll educated man, unae.
summing and kind. commanding the respect OF all
s'o0 peop''' very MISS STELLA HUNTER,
Los Angeles. CAL, April 30 1897. go Bellevue Ave.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-02-23
Against Tobacco Splitting.

A Chicago man has brought suit
gainst the street car company of that
city because he was elected from one
of their cars recently for splitting to-
oaccO on the floor. The com papy have
printed and framed rules staring that
passengers could not eXpectOrate on the
ar floor, but it seems that In this case
the ilueS did not serve as preventive.
The company evidently thought tina
If 1t could not force the man into decent
abb is it could at least make an exam
pie of him. Tue case has uot yet come
60 trial and it will be watched with
considera BILE interest. America is
country of great deal of boosted lib
erty, says the Two Republics. People
are licensed to drink themselves to
death and some people seem to feel that
there ought to be no law preventing a
man from making bog of himself.
There is a point, however, where per-
sonal liberty overlaps upon the ground
of ones neigh boz and tobacco chewers
come as near reaching the brink d.
any other set of human begins. 1t is
interesting to state that the school
children of Cincinnati are being taught
cleanliness in this regard to the tune
of Yankee DOODLE and the words
run as follows:
Do not spit upon the street,
In cars or public places:
This is far from being neat,
And leaves unWhOlesOme traces
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-02-23

A REVIVAL preacher from the red
wood forests of Hum boldt county, Cali
fornia, whose language is said to. be of
the vigorous and somewhat Iurid style,
is stirring up the sinners OF Sacramento,
the capital of that state, though SO far
his efforts do not appear to have had
much effect upon the Legislators there
assembled. Evidently he considers
marriage failure In some cases, for
in one of mis- recent ''hallelujah" SER
mons he said: where there is no love
and no rel gion in marriages there will
be nell on EARTH
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-02-23
The New Cattle Rates.

ST. Louis Republic: The Southwest
ern Traffic association has authorized
rates as follows:
Effective Feb. %, rates on beef cattle
to Chicago may be l04c per 100 pounds
higher than the authorized rate to st.
Louis from points in Texas, described
as follows:
From territory north of and including
Austin, on the International and Great
Northern railroad, but not including
stations south of Palestine in the direC-
tion of Houston.
From West Point and points north
thereof on the Missouri, Kansas and
Texas and San Antonio and Arkansas
Pass railways, but not including sta
tions west of Smithvtlle on the Missouri,
Kansas and Texas railway.
From Hampstead and north on the
Houston and Texas Central railroad
From Burke and north on the HOus-
ton, East and West Texas railway.
From Kenney and Marlboro and
points north on the Gulf, Colorado and
Santa Fe railway.
From all stations, Ell Paso to Sierra
Blanca, inclusive.
From all stations on the Texas and
Pacific ailway east of Sierra Blanca,
From all stations on the Galveston,
Harrisburg and San Antonio railway,
EAST of Sierra Blanca, to and including
Valentine.
From a II other territory in Texas,
through rates may be HE per 100
pounds higher than the authorized
rates to St. Louis.
Effective Feb. 25, rate of 80 cents per
100 pounds may be applied on popular
Iun Der, carloads, from Memphis to
Texas common points; class d differ
entails to apply to points taking higher
than common point rates.
Effective, Feb. 25, Sc cents per 100
pounds United States currency, on bones
arloads, Queretaro, Mexico, to New
O leans.
Effective, Feb. 25, cattle, trainload
oIs of not less than twelve cars, Mag
dalena, N. M , to Panhandle, Tex. via
Trinidad. S75 per car.
Effective Feb. %, rates on horses,
muIe s, hogs and sheep, I xa7 points TO
Omaha, will be on sums OF locals
through Kansas City.
A circu ar has been issued by
ndent Lawton of the South
western Weight and Inspection bureau:
giving notice that the jurisdiction of
he bureau has been extended to cover
reig hit traffic having origin and desli
cation in the republic of Mexico, pass
ing over lines of members of the
Traffic association.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-02-23

THE king OF Greece was placed on
the throne by the powers, and there is
not drop of Grecian blood in his
veins. He is sor OF the king of Den
mark, brother of the princess of Wal
es, and is the uncle of the car of Rus
STA. 1t was these facts, perhaps. coupled
with the glad tidings flashed over the
wires few days since, that the Greeks
in Crete had just massacred 1000 Mos
lens, that caused the United States
senate on Saturday last to rush
through, by unanimous vote, resolu-
tion expressing sympathy with Greece
Sin the present conflict" Every dog
in community will begin chewing on
the legs of the bottom dog in fight
but civilized men ought to act differ
entity
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-02-23

THE stiff price aud steadily increas-
ing demand for copper makes the build
Ell Paso up through eastern New Mex
leo pressing necessity, so that the
great copper deposits stretching for
many miles aIor G The cas- ern slope of
the San Andreas range of mounta. ms
may be made available. If that road
Is not constructed at early day the
Santa Fee railroad people Will tinu it
profitable t. put out spur to tap that
rIcn region, and this would mean
heavy loss TO Ell Paso.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-02-23

HE house committee on labor, ac-
cord ny To d Wash ngton u spat;h, Ia 5
authorized d favorabl1 report On the
Ii to prevent or punish couspirac es
to BLACKLIST. L proviues That a COM
bIndtion to prevent the empl ynent of
any person on a transportation line be-
eau, e of participation IN any strike or
labor trouble, or membership in aoy
lawful labor union or organizat ION,
shall be an unlawful consp racy and
pun sued as such, unless III, gal acts
strike or labor trouble. Any person
injured by such conspiracy may sue for
damages sustained, and in cases where
malice is shown full exemplary dam
ages may be recovered.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-02-23
Pleasant Pellets

The pheasant Pellets" gently
stimulate and invigorate the liver TO
throw off biliousness: and tone up the
stomach to secrete the digestive juices,
and overcome dyspepsia. The entire
digestive or alimeutary, tract is put in
motion in the regular, steady way of
nature and health. This is what
makes the pheasant Pei ets'' so i'm
mensely superior to the numerous
purging pills which wrench and weak
en- the system. Druggists may get
more profit out OF those other pills but
you don't.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-02-23
A Kansas Dissertation.

a Kansas editor recently had the
good fortune to be invited to wed
ding in his town and was so over
whelmed with the splendor of the oc-
casion that he devoted two columns
to a description of the event. He says:
eve were little late in getting there,
owing to some job work which we had
to get out. but when we arrived the
grand and scintilating glitter of the
surroundings almost took our breath. -
He describes the bride as being array
ed IN "lovely gown of some white
substance" and declares that her
manner was sw- city affable as she
moved about among the enthrailing
splendOr of the scene like u glorious
angel fresh from the cherubim and
seraphlm. surrounded by bevy of
beautiful bridesmaids as lovely as the
black-eyed houris of paradise"
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-02-23

Valentine day has come and gone,
with scarcely a ripple in the postOtfice.
love-sick swans and sweethearts wer'
so numerous that extra reports were
made to the department at Washing
ton: but this year the increase over the
average daily mail was so slight that
the regular force handled it without
The store valentine has
gone the way CT Christmas card. The
only valentines exchanged by the So
cial set were those made by the sender,
either painted or embroidered.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-02-23

THE ordinary mind may regard it as
little singular that congress should
make an appropriation to pay the
Southern Pacific company 81, 1920, 40
for transportation at time when the
Southern Pacific company owes the
government several millions of dollars.
But it may be that this is done to make
the books balance-by placing the
cash on one side and the accounts on
the other.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-02-23

THE propensity of legislators for
passing laws to regulate every thing
under the sun was we'll illustrated re-
Gently by California senator, who
introduced bill in the senate of that
state Regulating the hours of labor of
persons emp Dyed in bakeries.'' Such
a law would literally take the cake"
but the bill was defeated by % tot
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-02-23

With all the N lions in Jew els worn
in wreckless profnsion at the Bradley
Martin ball but one loss has been re-
ported, and that seems to be complete,
as detectives can find nothing of it.
Miss Gilbert, an English woman, who
attended with David Won Fitch, ex-
consul to Austria, lost diamond pen
dant. family heirloom, valued at $1,000.
AS The young lady remained until day
light she probably had her moneys
worth.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-02-23

THE legislature OF the state of Wash
ington is considering, and will proba-
bly, pass, a measure somewhat similar
to the South Carolina disprnsary
ga nOna
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-02-23

CLEVELAND II going To follow in the
footsteps of Bryan ard write book,
the ouly difference being that Bryan
wrote about what might have been"
while Cleveland will write about what
has been since his election to the may
Orality of Buffalo.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-02-23

THE story is being published broad
cast In England that certain colonial
ton schemes and land -setting enter
prjses in California are fakes ard
frauds, and Califnrrians are correspond
ingly ind gnant.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-02-23

E. Fl. r. GREEN. National republican
commitments for this state and pres
ident of the r. xas Midlaud ra lway,
recently contracted for 200 miles of
new steel rails, which he says will
be used in railroad b. lding In Texas.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-02-23
Mexican Central Railway

Is the only standard gauge line be-
tween the United States border and
Mexico City.
Mexico S known as an all the year
round tourist resort for pleasure travel.
Health resorts and mineral springs ad-
apted to al the various ills to which
human flesh is heir are found in the
great country. Climate unsurpassed
For full particulars address
r. +. COMFORT,
Cnmr Agent. El PazO. Tex g.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-02-23
ADVERTISING RATES.

Rates of advertising in the Daily or Weekly
edition made known application at the
publication office. Or ring up telephone num-
Der No. and representative of the business
department viii call and quote prices and
Contract for space.
Locals 10 cents per line in every instance
for first insertion, and cents per line for each
additional insertion.
Legal notices of every description 81 per
nch each insertion.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-02-23

Tucson is at present enjoying a sea-
son of prosperity that exceeds any
previous growth IN the history of that
city. 1t is natural center of business
in rich mining and good cattle coun-
try.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-02-23

General Manager w. H Hoia bird. of
The Pecos Irrigation and Improvement
company and the Roswell Land aud
Water company has resigned to accept
t i said, u more lucrative pO- ition in
California where be has now gone.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-02-23

The Argus says: Every sack Of
sugar shipped from the Eddy factory is
p substantial confirmation of the exec
Ience of the Pecos valley as a sugar
producing section. Aud there are
macy sacks going out, too"
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-02-23

The production of beat sugar in Cali
fornia for the season of 1896,
just closed, is given at 64,500, PIG
pounds, divided thus: Wat-onvil,e,
IS. 500, PIG pounds: Chino, $1,000, OOO
pounds and Alvarado 10, 600, 900 pounds.
This will be largely exec -deo by the
crop of 1S9T.-RedlandS CitrOgraph
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-02-23
Texas and Pacific Excursion List.

INAUGURATION OF PRESIDENT
ELECT MCKINLEY-Was D. c.
March An: tickets on sale February
21th and 2Sth final limit for return
March 10Th; one fare for the round trip
S54. 10, with choice of routes via New
Orleans, Shreveport. Memphis or St.
Louis.
MARDI GRAs-New Orleans, La,
tickets on sale February Goth and 9th,
final limit for return. March 18th, at
rate of one fare for the round trip S33.-
20 no change Of cars b4tween FL Paso
and New Orleans.
X. OF p. UNIFORM RANK-Hot
Springs Ark, May l6.h. Tickets on
sale May 18th and l5sh; final limit for
return May 26th. One fare for the
round trip 500 90
INTERNATIONAL CONVENTION Y. NJ.
c. a. Mobile, Ala, April Dist to 18th,
rate of one fare for the round Fri p
$3.50 to duly accredited delegates,
certified by local secretaries. Tickets
on sale April 18th aud 10Th final limit
for return April 30th.
In addition to the above there will
be reduced rates via lei PaSo route"
Texas and Pacific to meetings to be
held in Buffalo, n. Y, @. a. r. Ma
tiOnal Encampment IN August, Annual
convention National Educational as
sociation, Milwaukee, July 9Th to 9th.
Southern Baptist convention. w lming-
ton S. G.. May 9TH to l4th. United
Confederate Veteran reunion Nash
vile, Tenn, May 9th to 18th. For
further Information call on Or address.
E. S. STEPHENS, B. F. DARBYSHIRE,
Depot agent, Genl agent.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-02-23
THE WEEkLYHERALD.

A large eight page paper giving the
local events of the week. published
every Saturday. just the paper to
send friends for information regard
ing El faso. Price 400 per year
six months 81 90.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-02-23

The Sant+ road has awarded $40, 0C0
tie contract to Carlos Gabaldon, of San
Miguel county,N NJ.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-02-23
Notice to all Travellers.

Travellers Insurance Tickets have
a gain placed on sale at the Southern
Pacific city and depot ticket Off { e.
T r.. HUNT Com'l Agent.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-02-23
Sunshine comes, no matter how

Sunshine comes, no matter how
dark the clouds are. when the woman
who is borne down by woman's trou bles
turns to DR.. PIerce's Favorite Prescrip-
ton. If her life Is made gloomy by the
chronic weaknesses, delicate derange-
mcnts, aud painful disorders that affiict
her Sex, they are completely cured. If
she's OverwOrked, nervous or run
down" she has new life and strength.
"Favorite Prescription" is q powerful.
invi gOratiug tonic and a soothing and
siren gthen.ng nervine, purely vegeta-
bic, perfectly harmi ess. 1t regulates
and promotes al the proper functions
of womanhood, improves digestion, en-
riches the blood. diapels aches and
pains, brings refreshing sleep, and
restores health and vigor