davidaulloa/AmericanStories huggingface dataset:
The herald., 1898-09-30

issued in favor Of the plaintiff In the suit
Of John Wigmorc against r. T. Buell.. In
an action brought under the act concerning
trespa ssing of animals upon private lands
approved March Z, 1873. has been passed
upon by the supreme court and tho order
affirmed
The plaintiff owned certain lands In
Santa Barbara county. Ho alleged that
prior to November "a, 1895, a number Of
live stock owned by tho defendant. without
his consent, entered upon his lands to the
injury In tho sum of $500: that the value of
the animals is $780, and that pursuant
to the act he took possession Of the
trespassing animals. and has kept them
since November "a. 1885, By the present
action he sought to recover damages and
the cost of keeping. For the later item
he asks for 1850 per day.
On November 26, 1895, the suit was COM
menced, and on that day writ OF attach
ment was served and levied on the ami
mails
The act provides that persons entitled to
possession of the land treepassed upon. in
violation of the act may recover from the
owner Of the trespassing animals 'all
damages sustained, together with cost of
suit"
Buell. contended that the act was uncon-
stitutional, as 1t was in violation with Ar
ticle 1. Section H. which declares that "all
laws of a general nature shall have uni
form operation" The defendant states
that the act of March l. 1897, was made to
apply to certain counties. among them
Santa Barbara, and Is therefore not gen.
eral act, but is special legislation, in that
1t seeks to amend the codes which do act
uniformly as to all territory and all
classes Of persons.
The court holds that there is nothing
in the old constitution which forbids the
legislators from passing either local or
special laws except In respect of the forma-
ton Of corporations other than municipal.
In passing upon 1t the court says: "The
act is not unconstitutional, because 1t
gives an attachment for a trespass, and
without an affidavit. thus introducing
remedy different from that pointed out In
the code of civil procedure, subjecting ami
mails also exempt by general laws from
execution. to the attachment. The power
to pass special laws must necessarily in
clude the power to make them apply to
Especial objects without their trenching
upon the operation or resulting in the re-
peal Of previously existing laws"
The claim allowed by the court Is $500
damages and $153 only for expenses. The
plaintiff has possession Of the animals, but
holds 1t only as keeper for the sheriff.
The herald., 1898-09-30
EDUCATIONAL RALLY
Opening Of Y. M. G. A. Glasses for the
Winter Work

The Young Women's Christian associa-
ton will hold its annual educational rally
this evening at the rooms on West Second
street. This will formally open the sea-
son. the regular class work beginning next
week. The following program has been
prepared: Plano duet, Misses Douglass
and Sawyer; What Constitutes an Edu-
Gated Woman" Prof. Foshay; vocal solo,
"Sans Toi," Mrs. Gertrude Parsons; pre-
sentation of educational work, Mrs. Addie
Murphy Grigg, Mrs. Grace E. Dutton, Mrs.
Anna 8. Averill; announcement of classes;
violin solo, Miss Eloise Lemon.
At the conclusion Of the program there
will be a reception and registration of new
members. All persons interested In the
work are invited to attend
The herald., 1898-09-30
Innocent Boys Suffer

Another example of the system now in
vogue of sentencing people who are detect
ed sleeping in box cars, no matter whether
or not they may be professional hobos, was
brought to light yesterday at the county
jail. Albert Burdett and Fred Rosenberg,
two boys Of this city. started for Redlands
Wednesday. for the purpose of securing
employment. The mother of Burdett had
outfitted them as best she could and pro-
yided them with a letter TO W. A. Colby of
Redlands, requesting him to secure them
work in the cannery. The boys took the
electric car to Pasadena, and at night
crawled into box car and went to sleep.
They were discovered by an officer and TAX
en- before the justice Of the peace and SEN
fenced to serve ten days In the county jail
for vagrancy.
The herald., 1898-09-30

ple's party. Turning to the question Of
designation. he sa.d the question Of titles
might lead to complications, for every
porty having its title opposite the name
of the candidate such parties might multi
ply and In the end claim power to hold con-
ventions and to certify the nominations.
He said the law provided that the candt-
dates name should be followed by that of
his party, and contended that Mcguire
should be designated "fusionist" He
closed with an appeal to the court to pro-
tect the ddle-of-the-roadsters.
Judge Bridgeford then took up the argu-
ment and claimed that the boilers had no
right to declare the convention irregular,
since they took part in ITS actions UP to the
time the fusion agreement was brought in
He argued that Mcguire need not be a
Populist to accept the nomination of that
party. During his talk there arose a col
loQuy between the bench and counsel.
which drew out the fact that Mcguire was
excepted from the resignation clause.
Bridgeford then turned to Gator and said
he believed once on trip to St Louis he
had changed his mind on the subject Of
fusion, and had gone outside his party
and nominated Bryan and worked for his
election.
Senator White said he assumed that the
supreme court would not presume to pre-
scribe morals or rules for the Popul!st
party. The convention at Sacramento, he
said. was the true convention of the Popu-
list party. He said the difficulty was tnat
Gator and his friends went into the con-
vention to secure the place and were
beaten. Senator White said that 1t might
not have been q sanctified arena, but 1t
was good enough for Gator and his friends
until the nomination of Mcguire was
made for they di not get out. He referred
to their voting again for candidate
for governor, and then said that there was
q penal provision In the criminal code and
1t was question whether the Populist
party should be in court or elsewhere. The
question was. he said, whether the fifty
three political exiles could set up the only
simon-pure Populist ticket. White said
that the conventions adopted similar plat
FORMS Gator interrupted to say that there
was no difference on that score. and White
retorted that it was only on the score Of
the spoils, as he had always commended.
that they fell out. He argued that party
usage must control in the decision. The
court took the case on submission.
The herald., 1898-09-30
Railway N otes

The Santa Fe will reduce the Redondc
train service on Sunday by taking of the
trains leaving here at $50 a. m. and p. m
and those arriving at 5:55 p. m. and S:4'
D. m. on Sundays and the daily trains leav-
ing here at 1:3O D. m. and arriving here a,
las p. m.
The knight Templars' special will leave
for Pittsburg on the 5th of November. Il
will consist of q Santa Fe limited train
and will be run on limited time. The
Santa F'e has six of these trains. represent.
Ing an Investment Of $4,000 without the
engines.
W. H. Sheep. formerly chief clerk fol
the Santa Fe at the Needles, has been pro
NOTED to be division storekeeper.
The herald., 1898-09-30
INSURANCE TROUBLE
New Trial in the Suit of Maxson VS..
LleWellyn Granted

Tho supreme court has decided the case
of II. T. Maxson against William Llewel-
lyn in favor of the defendant, thereby ar
firming the Judgment of the lower court
Maxsoa commenced the action against the
Defendant Llewellyn as maker, and De-
fendant George Larrabee as endorser' TO
recover upon a negotiable instrument IN
the form of a check.
Iarrabee was special agent of the Mu-
tual Life Insurance company OF New
York of which Maxson was the Southern
California manager. The check was
given by Llewellyn in payment of the first
years premium upon life insurance pol
Icy to be issued by the company to him.
By its terms the check was made payable
upon a day after the date upon which 1t
was agreed the policy should be delivered.
The plaintiff pleaded that he was the owner
of the check and that he had purchased
It for value before maturity. The defend
ant denied this. and set up facts constitut-
ing Misrepresentation and fraud In the
procurement of the check. and showing at
least a partial failure Of consideration.
In the trial Maxson proved that LARA
bee represented to him that his company
would issue an exceptionally favorable pol
lev to him for the sake of the other busi-
ness which it hoped to gain. The defend
ant signed an application for policy with
this understanding, and was assured that
the application would bring the policy
agreed upon. Llewellyn gave his check
for $3.50. payable to Larrabee, but payable
on April 20, 1896. The application was
signed and the check deliverd upon De-
cember 90 1895, and the policy was to fol-
low In January. 1906 1t was delivered upon
January 20, but he returned 1t the same
day, with letter stating that the policy
was not in accordance with the terms of
the agreement. On the 23rd Maxson again
sent the policy to Lewellyn with the fol-
lowing note: II return the policy, and
shall hold you for its payment Your ap-
plication and check was in my hands De-
comber 81. and Immediately became the
property of the company, and could not be
recalled
The court holds that there was no evi-
dence that Maxson had any actual knowl-
edge of any Misrepresentation by LARA
bee. "Maxson charged fraud" said the
court, "but the evidence In support of 1t
Is insufficient. When a man makes rep
resentation in the reasonable belief that It
is true, fraud will not be imputed to him If
1t afterwards be shown to be untrue but
there must be reasonable grounds for his
belief. In this case. no belief upon the
part of Larrabee. and no reasonable
grounds for belief are shown, while, upon
the other hand. the fact that the policy
returned was not at all the policy repre-
sented. taken with the circumstances that
IL would have been to the last degree i'm
probable that an insurance company do
ing business by legitimate methods would
ever use such policy as that represented.
ore circumstances enough from which the
fraudulent character of the representa- ton
may be inferred" BY this opinion q new
trial is granted
The herald., 1898-09-30
Federal Court Notes

Dave Orman, John Jones and H. w.
Broughton, charged with leaving a camp
fire burning In the San Bernardino forest
reservation, were brought before Commits
sioner Van Dyke yesterday morning.
There were three witnesses in the case,
]. H. Hutchings, B. L. Hutchings and
Warren Day. The first had seen defend
ants in camp about quarter of a mile
from his house, but was unable to say
that they were the men who left the fire
burning. The other two witnesse were
not sure they had ever seen the accused be-
fore. The defendants were discharged.
William r. Bray of Pasadena was ad-
mitted to practice in the United States
district court.
The herald., 1898-09-30
THE ATTORNEY is RUNNING
B. Kiser Must Wait Until After the
Election for n. T. Gage

Because Henry 7. Gage. the Republican
candidate for governor. is so taken up with
the duties of electioneering and too busy
to attend to his clients business. Burton
l.. Kiser will have to wait until after elec-
ton before he can have the court investi-
gate whether or not his 1s-month-old
child is in good hands.
On the 30th Of July last Burton Kiser's s
wife, Rubie Kiser, secured a divorce, and
by the decree the child was given to the
mother. Yesterday Kiser. who Is employed
as a hoseman in the fire department. ap-
peared before Judge Clark and asked that
the baby be given to him. as he believes
that the mother and his ex-fnther-in-law
are not giving the child proper care. He
brought fifteen witnesses to prove his as
|sertions.
The court asked II Mrs. Kisers attorney
had been served with a notice Of the mo-
ton, and when told that the petitioner 3
attorney had been unable to serve Mr..
Gage with the notice. the court said that
1t would be useless to attempt to hear ne
motion until two days after election.
The herald., 1898-09-30
Got His License and Gave It Back

John p. Gillespie, resident OF San Fran
cisco, met with a disappointment at the
hands Of Cupid Kutz yesterday. Early
in the day he applied for marriage license,
stating that he wished to wed Miss Mary
c. Adams. Cupid" had no objection, and
with official dignity proceeded to place the
names, Mr. Gillespie and Miss Adams, on
the records Of Los Angeles county as pos
sible subjects for the care Of min
lister. Both were duly entered as natives
of Pennsylvania and residents Of San
Francisco. Before paying the fee Of $2
the prospective groom casually remarked
that he intended to get ahead Of the boys
In Frisco. and would he married before
they knew anything about 1t. When
called upon to explain, he stated that Miss
Adams was In San Francisco. and on his
return to that city today they would be
married at once. He laughed at the fun
he expected to have introducing his wife
to her astonished friends. He failed to
see the humor in the situation, however,
when Informed by Cupid" Kutz that
marriage licenses issued in Los Angeles
county were only good when parties were
married In the same county.
The herald., 1898-09-30
bIED

CIAARKE-In this city, September a. 1898,
Henry L. Clarke, aged 80 years
Funeral from parlors Of Orr & Hines,
647 South Broadway, Friday, September 80.
1888, at q o'clock p. m. Interment. Rosedale
cemetery. Friends invited.
PATRICK-In this city, Charles L. Pat
rick, aged II years.
Funeral services to be held today at 2:3C
.. m. from the parlors of Dexter Samson
Company. 523 South Spring street. Friends
are invited to attend.
The herald., 1898-09-30
Landlords Meet

The annual meeting of the Landlords
association was held yesterday in the
Byrne building. The officers were unani-
mously reelected for the ensuing year, as
follows: President, John Byrne, ST.; first
vice president. DIR. ]. H. Bullard; secre-
tary and manager, C. S. Walton.
The herald., 1898-09-30
A TRUCE DECLARED
Justice Morrison as Arbitrator Of q
Peace Declaration

Editors p. Ganee and J. P. Goytino did not
literally kiss each other yesterday after
noon in Justice Morrison's private cham
bers. but 1t amounted to practically the
same thing, for they came to an un4r-
standing Of mutual tolerance, and in future
the local French colony will not be divided
against itself with the feuds of the two
journalistic rivals. Ganes had beeh con-
victed Wednesday Of eriminally tbelins
0oytino. and, a. the jury had recomIhended
The herald., 1898-09-30
Small Suits Commenced Yesterday

A suit to foreclose a mortgage on eleven
lots in the Knob Hill tract was commenced
yesterday by f. C. Kimbell against Leon
ard Merrill, Susan l.. Merrill and Ira W.
Phelps. Kimbell alleges that he loaned
the defendants Merrill Sits and gave as
security a mortgage on the property in
the Knob Hill tract He asks for q judg-
ment in the amount loaned and s1S4. which
represents interest since December, 1897.
and attorneys fees.
Fannie Merrill, F. B. Wetherly ct al.
commenced suit yesterday against Susan
A. Defriez ct al to quiet title to n lot in
the Hotel Defriez subdivision.
The herald., 1898-09-30

s. TO-, IA, 1S,. 22. N, 30, NOV: o. 'ns ans
ANGELES at 6 a. m. and REDOr
10 a. m. for San Diego Sept. 2, S. 10, !
26, SO, Oct. 4, s, IL, 16, 20. "a, Is,
and every fourth day thereafter.
Cars connect via Redondo leave. Sc
depot at 9:55 a. m, or from Redon
depot at $3.50 a. m. Cars connect via P
Angeles leave S. P. r. r. depot at /:
for steamers north bound.
The steamers COOS BAY and H
leave SAN PEDRO and EAST SA
DRO for San Francisco via Ventur
pinteria. Santa Barbara. Gaviota,
Hartford, Cayucos, San Simeon, Nj
and Santa Cruz at $3.50 p. m. Sept. 1,
Il, q, rs, 20, Oct. g.. z, II. Is. 10, %, q, 8
1. and every fourth day thereafter.
Cars connect with steamers via Sar
leave s. p. r. r. (Arcade depoD at 81:
and Terminal Ry. depot at SIS 2. m.
For further information obtain FOL
The company reserves right to c
without previous notice. steamers.
dates and hours Of sailing.
w. PARRIS, A
ia W: SECOND st., Los Ant
GOODALL, PERKINS & CO.,
Gen. ARt8..
The herald., 1898-09-30
The Hillyer Estate Closed

The final account In the estate Of Mrs.
Rosa Hillyer. deceased, was accepted by
Judge Clark yesterday. The deceased
was the wife Of Captain Richard Hinyer,
one of the Oldest and best known residents
of San Pedro. The estate was valued at
$3.50.
The herald., 1898-09-30
Increased Population

The population of the United States was
yesterday increased by the addition of
Bert Cowen, a native Of England, and Ed
ward Green. a native Of Russia. Judge
Allen Is responsible for their admittance.
The herald., 1898-09-30
JoTTINQs

Lovers of good driving horses cannot
miss 1t by buying one of our No. 3 Chester
Columbus Buggy Co.'S driving wagons
They have the Bailey hangers, Iong-di
tance axles and Quick-shifting shaft coup
lings. Hawley King & Co.
The herald., 1898-09-30
Our Homo Brew

Maier & Zobelein's lager. fresh from their
brewery. on draught in all the principal
saloons; delivered promptly in bottles or
Telephone 81.
The herald., 1898-09-30

Lewis Pascoe, who stole some surgical
instruments from Drs. Bishop and Pep
per. will be sentenced by Justice Morrison
today for petty larceny
The herald., 1898-09-30
Budd's Election Proclamation Here

A copy OF the election proclamation is-
sued by Governor Budd. calling for a gen.
eral state election on Nov. 8th for tho pur-
pose Of voting On several constitutional
amendments and the election Of state Of
ficers, was received by the board Of super
visors yesterday.
The herald., 1898-09-30
Notice Of Moeti nH

A meeting Of the Democratic executive
committee will be held at Democratic head.
quarters, Nadeau hotel, Saturday, Octo.
ber I. 1S9S at D. m. r. w. HILL,
Chairman County Central Committee.
The herald., 1898-09-30

We have taken th{ agency for the Colum-
bia bicycle. Our mptto is. "Get the Best.
However, we havei good wheels for $50.
Hawley. King & Cd Broadway and Fifth.
The herald., 1898-09-30
SUIT FOR TRESPASSING

Supreme Court Decides Act of 1878 on
the Subject as Unconstitutional
The appeal from an order of the superior
1ourt refusing to dissolve an attachment
The herald., 1898-09-30
ET1wANDA WATER SUIT
Cause Ordered Re-submitted by the
Supreme Court

The judgment Of the lower court in the
suit Of F. W. Woods Of ol. W. Etiwanda
The herald., 1898-09-30
I|-lOS ANGELES
| lTERNINHI
-RAilWAY Co.
TIME CARD I'M EFFEUT SEPT. 2s
Pacific Coast Steamship

The company's
steamers SANTA
and CORONA lea'
DONDO at IL a.
PORT LOS ANGE
2:30 p. m. for San
cisco via Santa E
end Port Hartford
& 12. 16. 20. pa. 2S.
The herald., 1898-09-30

1AH> >AE< X ~ * kKN%&
The herald., 1898-08-25
SOME SUGAR FIGURES
Deductions From; the, Output Of the
Chino Factory

OA4AO = aCtS1y
ONTARIO, Aug. A-Contractor Claude
Smith, with a force of men. has been sink
ing a well in the orange grove Of Lyman
Stewart on Fourth street. At depth of
about $50 feet a vein Of water was struck,
and the water has risen to a depth OF 60
feet Everywhere within the colony Of On
tario where persons have prospected for
water their efforts have been rewarded by
an ample supply. The subject is being aRi-
tated by the town trustees OF buying ~
inches of water for the needs Of the town
but would it not be more feasible and more
like a business transaction, in view Of the
fact that everywhere in this vicinity the
result of sinking well has been successful.
for the town trustees to expend about $500
or $1,000 in prospecting for water within It's
limits?
The estimated gross tonnage Of beets
TO be worked into sugar at the Chino sugar
factory is placed at $1,000 tons this year.
The beets vary in percentage Of sugar
ranging from u per cent to % per cent Of
their weight. Should these beets average
IA per cent of saccharine matter, seven tons
of beets will make a ton Of sugar; so, at
this rate, $1,000 tons of beets will produce
S143 tons of sugar The total cost Of manu-
featuring one ton of sugar is $3S. While the
wholesale price Of sugar per ton is $1175o.
The gross tonnage of sugar being S143 tons,
and the net profit per ton $3.50, there ac-
crues a gross profit to the factory of $685.
225.50. Owing to the small revenue this
yields to the owners little less than two
thirds Of a million dollars clear. 1t has
been found necessary to reduce the wages
Of the sugar makers In the factory about
SIS 900 for the estimated 90 days run. How
over, this Is we'll offset "by an advance in
wages Of Others" viz, one mans wages
have been advanced cent per hour. IL
cents per day, or 5000 for the 30 days run.
The herald., 1898-08-25

behind the Southern California metropolis
in this particular. A statement carrying
with 1t an expression of sincere regret was
that there are $500 of these children running
around the streets of Los Angeles with no
method of forcing their attendance at
school and no accommodations for them II
they do attend. A truant officers depart
ment Is needed, but there are no funds with
which to support 1t. In their con-
Guiding line Of argument the board
stated that much Of the day had
been spent in cutting out such items
Of their estimate as they could dispense
with and the result shows that Sis. 900 is the
smallest sum possible to run the schools on
for the current fiscal year. The council
committee assured the board that the mat
ter would have due consideration.
Secretary Mendenhall of the park board.
made plea for the parks, stating that II
the demands keep up as they have been In
the last six months the auditors allow
ance for the parks will be 5000 short. The
committee took all the matters under ad-
visement and adjourned until this morning
at 10 o'clock.
The herald., 1898-08-25
CITY NEWS IN BRIEF

c. D. Howry, undertaken, Fifth and
Broadway Lowest prices in the city.
Call telephone main 4S for ambulance.
Bresee Brothers, Sixth and Broadway.
Robert Sharp & Co., funeral directors, ISL
end 1853 South Spring street. Tel. main 1929.
Watches cleaned rs cents; mainsprings.
80 cents; crystals, 10 cents. Patton, "a
South Broadway.
Justice Owens yesterday continued the
case against James Irving. charged with
assault with deadly weapon, until today.
Adams Bros. dentists, 1854 South Spring
street. Plates from "a. Painless extracting.
50 cents. Filling speciality. Hours, s to 5:
Sundays, 10 to IL.
There will be no meeting Of the Fourth
Ward Democratic club this evening, the
regular session having been postponed to
next Thursday night.
The case against Lucy Long Guey,
charged with stealing a watch and $40
from another Chinaman, was yesterday
continued by Justice Owens until today.
Do you know that framed picture makes
a most desirable wedding present? II you
are looking for anything In that line do not
fail to call at H. c. Lichtenberger's art en-
porium, 2O2 South Spring street.
DR.. Rebecca Lee Dorsey, Stimson block.
first floor, rooms 1873, 1874, 1a5. Special atten-
ton given to obstetrical cases, and all dts
eases Of women and children. Electricity
scientifically used Consultation hours, !
to s. Telephone 1921
The chap from East Los Angeles who
stopped to the slums and wrote the false
and scurrilous letter about a certain hon
orable county official and induced some
other poor fellow to sign 1t, has been time
ly spotted and will be duly loved.
The herald., 1898-08-25
Let Down the Tariff Bars

What to do with the country ceded by
Spain Is neither the most complex nor I'M
portant task that devolves upon our peo-
pie and government as result Of the war.
The Republican protective tariff has driven
our merchants from nearly all marts Of
foreign lands. 1t has given birth to those
monsters of class legislation, trusts and
monopolies, which limit production and
cheaper the wages of labor. 1t invites
nay, forces-foreign nations to inaugurate
hostile policies against our trade and to
erect against American food products and
American manufactured goods the bar
riers of prohibitive import duties. The
cause Of this cloud of evils banished into the
realm of disuse, there will he no serious OBJ
stacle to hinder the people of this republic
from marching swiftly and securely into
the full fruition of trade supremacy, COM
mercial Development and national pros
perity, for which the events of the past four
months have prepared them.-St. Louis Re-
public.