davidaulloa/AmericanStories huggingface dataset:
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-03-24
Excerpts from Opinion of
Judge Walter BOrd1VeH

WHENEVER question arises, whether
wv quires the selection of public officer by the of the
solved favor of allowing the choice be made by popular
The universally held that the right exercise the
electoral franchise be jeaousy guarded all occasions
It clearly contemplated by the section of the charter dealing
the of him against whom the
eedngs instituted shall be elected by the people The courts
themselves when the incumbent against
proceedings naugraed has resigned after the
election ordered unless the charter plainly demands it.
The consttutionay provisions
not questioned by the plaintiff Indeed it must now be regarded
they violate either the the federal
constitution the point having been practically determined by the
decision of supreme the Thaer and the court
respect without discussion of their merit demer
Having in mind the general principles which have adj
verted the manifest objects the recall provisions OF the charter
election has actually been called before the
resignation of the it cannot be concluded that the plaintiff
free from that doubt which always required
extraordinary remedy of injunction is allowed and
therefore must be denied This conclusion can be reached with
reading anything the charter emitting anything
which has been placed therein
There further reason why plaintiff may be granted
political of the It's for such
that desired here would be dangerous exercise OF judicial
power
Any party interested questioning the result Of the election
has his remedy He institute quo warranto proceed
ngs rights of declared elected to and ndc
ed in the office OF mayor.
By the second action plaintiff enjon the city audi
auditing bill which has already been incurred Tor part
of the expenses If the defendants acting in bad
ah if they attempting to exercise legislative or admins
which clearly beyond their powers as grant
ed by the state laws the municipal charter the court might
restrain them already stated such not made out
by plaintiffs complaint and for that reason the injunction must
be denied
Fred G Wheeler has applied for permission to intervene and
TO on with the plaintiff in contestng the defendants claim The
conclusion renders the intervention unnecessary and the
application is dsaowed
The defendants demurrer the complaint in each action is
sustained without leave to the plaintiff amend and each action
lis ordered dismissed.
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-03-24
ELECTION MUST BE
HELD, IS DECISION
OF JUDGE BORDWELL
Attempt to Thwart Will of the People by
Blocking Movement to Choose
New Mayor Fails
Jurist Rules That 1t Is Not the Province of Courts
to Lay Down Mandate Denying to Voters
Privilege of Naming Successor to Official
Who Proves Derect to Duty

n, recall principle has another Judge
Bordwe of the superior 1870 o'clock last night hand
ed down decision refusing restrain the officials
Angeles from proceeding with the recall election Friday from
the instituted by Henry Jones against city officials
to tie up the election.
The based his decision primarily the prncir
question whether the requires The
of public officer by the of the people by other
method doubts be resolved favor of allowing the
to be made by popular vote
further ruled that the payment of the expenses of the recall
election be enoned the officials acting good
the recall
visions of the charter have been upheld by the court
is VICTORY FOR RECALL
The decision complete victory for the recall 1t that
election Friday which the citizens of Los Angeles will choose
a mayor, go without further interference
Judge Bordwell completed his only after of the
labor. Early morning found him quiet
superior having transferred other departments The
day valley of legal volumes and field of notatons
compiled decision containing nearly 5000
words which ucdy reviewed the Issues controversy by both
Sides the principles of law by which the be
erned its decision and applied them with uristc toougness
the perplexng problem.
80 last night Judge Bordwel accompanied by his
tary Waldo W. Faloon small the occupied
Longey Bagey ninth floor of the International
Savings building the decision for which Los Angeles
have waited with the greatest interest dictated and
three hours later shape to place in the records
NO APPEAL TO BE TAKEN
No appeal will be taken from Judge Bordwes decision, but
the the mayoeect passed
expressed by opponents of the recall last night
will take appeal said Edwin A. Meserve, after he
decision "The election will be allowed to go
without We WILL however seek have the status of
successful candidate decided in court by warranto
ceedngs.
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-03-24
BY CAPT. AUGUSTA E. MUELLER

was weren the air after leaving Tourna
park Saturday afternoon and had gone Straw
berry per altitude 10000 feet when made the land
ing without ballast and knew must land
watched Eer favorable point The landing peculiar and
very interesting one.
We place with hardly much growing it between two
decided land The landing good
desired point and hard coming down The bas
far from the edge OF the
yon good shape and not injured The landing was fou-
the mountain accomplish
but nobody scared
1t was showing cod dark falling, had to
look idea of where the landing
spot was started AS did any house made
camp canyon for the night Mr. Cray had match in his
lining successful to make fire. which did and
kept burning night continued but
duly cold though it pleasant as Pasadena
turned to Sunday morning and walked
along creek all day in the AS darkness coming
found which Colby and glad to find
Mr. Colby at home 1t had been hard day and all were tired and
hungry We did hold back attack Mr. Cobys store
food although he has go long for supplies We
something very glad to have roof
heads
Monday was snow andan day thought the best
to take especially since had had hard
tramp So we Tuesday morning, when started to
Swtze camp all right and teephoned to Paa
dena.
ballast when landed but we had not so much
clearing when the United States went to Arr
The landing itself not difficult but
liar, and a fortunate
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-03-24
BIG AUDIENCE CHEERS WHEN NEWS OF
THE DECISION is READ BY JUDGE WORKS

TNTHUSIASM and determination
1 H that argue ill for the opponents
IL of the recall in Los Angeles were
manifested by a large audience at
Simpson auditorium last night at the
meeting under the auspices of the re-
call campaign committee. The audi
ence left no doubt as to it's sentiments
favoring the recall election, and 1t also
extended remarkable ovation 10
Thomas Lee Woolwine.
When Judge John d. works, VINO
presided read an announcement OF
Judge Bordwell's decision denying the
| Injunction men and women stood up
over the auditorium and cheered for
the recall for several minutes They
cheered again when Judge works pald
an earnest tribute to the stand for
principle made by Mr.. WoolWAiie last
year.
They cheered when George Alexander
insisted that enough votes must be
cast for the recall Friday to make 1t
unnecessary to invoke the princlple
again in Los Angeles for ten years.
When Mai. Henry T. Lee said that
due credit must be given to Judge
Works for his argument against the
| election injunctions there were more
cheers. and also when Mr.. Woolwine
said that the people of Los Angeles
must give credit to The Herald for q
| large snare or Lne SUCCESS VI tiO hiONS-
ment for decent city government.
Thirty Thousand Votes for Recall
While the audience cheered frequent
Nv and showed it's enthusiasm in other
ways, there were numerous evidences
of determination to carry the hght
through. The speakers were often In
terrupted by confirmatory statements
from those who were listening. This
was especially true in connection with
references relative to an emphatic vote
on election day in behalf of the recall
"I ask you earnestly to vote for your
own interests" said George Alexander
Never mind the Candidate just hap
pen to be the man put up. The recall
| is the issue involved. Go to the polls
and vote to sustain the recall, and
make it emphatic. Make 1T certain IN
this city that when man fails to do
his duty in public office he VIII be
| taken down.
"Then you won't have SO much
trouble. They make a fuss about the
expense of the recall 1t is certain that
| If we had had the recall IN erect IN
our county government of late years,
which is unfortunately not the case.
several times it might have saved
enough on little jobs that were put
through to pay the cost or a dozen
recall elections. =,
"The recall will not fail. 1t win
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-03-24
SURVIVORS OF EXCITING VOYAGE INTO AIR
RETURN TO PASADENA AND TELL EXPERIENCE

to the exact situation of the MANNED
and bruised bodies of the balloon party
gave the six men considerable surprise
last night.
Shortly after passing over Camp
Sierra, where the last word was OBJ
tanned by Pasadena friends until the
message came yesterday afternoon that
the party had walked into Switzer's
camp the balloon was carried over
Strawberry peak, heading almost due
north.
With but one and one-half sacks of
ballast left, landing was necessary.
and Capt. Muelier's attention was
called to good spot between two can
yons and just south of Tujunga creek.
The balloon was brought down, and at
the right moment the rip cord was
pulled, and an excellent landing was
made without injuring the balloon or
even overturning the basket.
Wrong Direction Followed
Tujunga creek was followed from
Fern. canyon, where the landing was
made, but III the wrong direction to
(ContinIed on Page Five)
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-03-24
GRx Associated press.1


NEW YORK, March Outstanding on
the bridge of the steamship
Az Hamburg amid the enthusiastic
cheering of thousands of persons who
had assembled to bid him good bye,
Theodore Roosevelt sailed for Africa
today.
He was smiling happily and showed
unmistakably his pleasure at the
warmth of the reception accorded him.
Beside him stood his son Kermit and
Captain Burmeister, commander of the
vessel. The big ship left her pier at
six minutes past IL o'clock and she
slowly made her way out into the chan
mel amid the cheers that completely
drowned the music of the bands which
were playing THE Star Spangled Ban
ner."
The distinguished traveller was still
on the bridge watching the scene as
the vessel was warped out into the
stream and headed down the bay.
The cheering continued as long as the
ship was within hearing distance.
One of the former presidents last
acts before the vessel sailed was to
send message to President Taft, read
ing:
Last Message to Taft
Parting thanks, love, and sincerity"
President Taft's good bye gift to his
predecessor was gold pencil inscribed
with the word: Good bye, and good
luck"
The crowds on the pier and on the
steamer were SO great that the former
president was severely jostled several
Continued Page Two)
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-03-24


OIx balloonists tramped to the foot
of the upper Arroyo Seco late
~ yesterday afternoon-Capt. A. E.
Mueller, Lane Gillian, Sidney Cray. r.
C. Halsted, Harold Parker and f. c.
Dodschutz, who had been two hours in
the air and seventy-two hours getting
back, after leaving Tournament park at
Pasadena in the balloon American
at $3.50 O'Clock Saturday afternoon.
A landing was made the other side of
Strawberry peak at $50 o'clock the
same afternoon, and after night In
the snow and days tramp along Tu-
junga creek in snow and rain the party
recuperated at Colby's ranch, and
tramped back to Switzer's camp yes
terday.
The trip was interesting and fully
enjoyed by the party, although they
found Pasadena fully worked up
through the sensational reports of their
probable death. They did not consider
themselves in great danger at any
time. and all said they thoroughly en-
joyed the trip. But the reaction in
Pasadena from the tenseness brought
shout by the newspaper speculation as
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-03-24
Match Found by One
of Party Prevents
Freezing
ALLESCAPElNJURY
Aeronauts Land Near
Strawberry Noun
tain in Canyon
PASADENA ELATED
The Gas Bag American Is
Not Harmed--Balloon
to Be Brought to
Los Angeles

Ty hungry but unnjud party baoonists
consisting of Capt. A. E. Mueller r. C. Halsted Harold A.
Parker Edward Dodschutz Lane c. Gillian and Sidney Cray
arrived Swtzes o'clock yesterday afternoon
o'clock they reoed their friends the foot of the trail
there conveyed homeward
party Groo onehaf mile from the
summit of Strawberry mountain at o'clock Saturday evening and
night the a Sunday and Monday the ranch
house Colby Springs. ys-
Yesterday morning they through Swift
zer's camp
ballonss who feared had peshed in
the mountains
taken
searching parties which have been paong the
ans.
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-03-24
Railway Hearing Continues

PHOENIX, March 23.-F. A. Jones,
traffic manager of the Maricopa Coun-
ty Commercial club. and complainant
in the cases brought against the rail-
roads before Interstate Examiner
Lyons, this morning concluded his tes-
timony in all the cases against the
Southern Pacific, Santa Fe and thirty
trunk lines and branches between
Phoenix and New York. The witness
established that the Phoenix rates are
made by adding the through rate east
to the coast and local, and the coast
to Phoenix, or by adding the through
rate to Ell Paso and the local Ell Paso
rate to Phoenix.
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-03-24

prove a good investment, and will pay
for itself. 1t will not be used in
discriminatory. You try the recall on
such men as Leslie Hewitt, Harry Le-
lande and others you can think Of
why, with such men it would be a total
failure. So if the public official will
behave himself he will not fear the
recall, and 1 hope to do well enough to
keep it away from me.
"On Friday we want enough votes to
make the recall so successful that it
won't be necessary again for ten years.
want to see 10000 votes cast for the
recall on election day. Go to the polls
and vote"
Judge John d. Works and Major
Henry T. Lee made stirring speeches on
the same lines, adding valuable in
formation as to the legal status of the
recall.
Thomas Lee Woolwine made the
principal speech OF the evening. He
referred to the causes which led to
the establishment of the present move
ment and showed how every device in
reach of the political machine was put
forth to stop it. He reiterated the
charges he made at the opening or the
grand jury agitation that vice was pro-
tected in Los Angeles last year, and
discussed in an emphatic manner the
attitude of District Attorney Fred
ericks. He was repeatedly cheered by
his audience and at the conclusion or
the meeting many who heard MIN
crowded on the platform to congratu-
late him.
when 1 charged unhesitatingly. that
vice was being protected in Los Ange-
les" said Mr. Woolwine, District At
torney Fredericks came out with
statement offering me the use Of fund
of 81 900. 900 for an investigation. He
had absolutely no authority to make
any such an offer, but intended it
purely as a trap to catch me.
IT went before the grand jury. l
hadn't been there long enough to tell
one-tenth of my story when that man
discharged me and then publicly pro-
claimed that there was nothing in my
charges, that I hadn't a scintilla of
evidence. The incident Is closed said
he, but the truth seems to have come
out nevertheless.
''The papers have said that i shall
tell you some of the questions which
CONTINUED on Page Threel
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-03-24
LOCAL

BOSS" Walter Parker is summoned by
grand jury to give testimony in present
hearing into alleged wrongdoing Of city
officials.
Socialists at Peoples theater admit Alex
ander's record is excellent.
Six balloonists return In safety having
found shelter in Colby's ranch house.
Councilmen differ scales measure and
action on proposed ordinance to regulate
weights is delayed again.
Candidate for presidency on Prohibition
ticket at last election urges abolition of
capital punishment.
Man who says he welded again. believing
his first spouse was dead. has second mar
rlage annulled
Machine bosses drop McAleer and will
line up for Wheeler
Masonic trowel will be taken up in ball
loon Chicago today.
Hollywood woman released from jail in
Portland, Ore. on promising she will not
marry Japanese.
Aged harnessmaker's life attacked for
second time.
Professor Adams of Yale school obtains
divorce.
Charges against assistants in public libra
ry dismissed.
Economic factors affecting health of
women discussed before Womens Socialist
union.
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-03-24
To Favor Japanese

WASHINGTON, March 2S.-Direc-
tions have been issued by Assistant
Secretary Reynolds of the treasury to
customs officers in New York to ex-
tend especial courtesy to the members
of the Japanese exposition commission
who will arrive on the Lusitania Thurs
day or Friday. The commissioners are
coming to America in the interest or
the Japanese exposition, which will be
held In 1917
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-03-24
ROOSEVELT ON
WAY TO AFRICA
TO HUNT LIONS
FORMER PRESIDENT SAILS ON
STEAMER HAMBURG
GREAT CROWDS CHEER PARTY
AT NEW YORK HARBoR
Great Vessel MaenIficentIy Prepared.
Voyage AuspiciousIy Begun-Last
Message Is to Taft-Stan-
pede at Docks
ON BOARD STEAMSHIP HAMBURG,

ON BOARD STEAMSHIP HAMBURG,
March 23 (Via Wireless) Theodore
Ro0seyelt's first hours at sea were
passed very pleasantly. The big ship
plowed her way through smooth seas
that gllstened under the sunny sky.
The former president and his party
had lunch at Captain Burmeister's ta-
BILE and entered into animated discus
sion of the expedition.
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-03-24
THE NEWS SUMMARY
FORECAST

For Los Angeles and vicinity:
Cloudy Wednesday, possibly light
showers; light south winds. Maximum
temperature yesterday, SIS degrees;
minimum, As degrees.
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-03-24
Pioneer Nevadan Dies

CARSON, New. March 2S.--A. Leo
pold Stern, deputy United States mar
shall, died today He was a. pioneer
resident of Nevada and 50 years old.
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-03-24
FOREIGN

Word received in London that daring expedi-
tion to south pole has broken worlds record
and reached within eleven miles OF antarctic
center
Great Britain plans to solve war problem in
Balkans
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-03-24
EASTERN

Former President Roosevelt sails from New
York for Africa, via Naples, on long hunting
expedition and is given tremendous ovation by
vast throng. Voyage begins with excellent
weather.
Kidnapers of Willie Whitla captured by po-
lice at Cleveland; woman and man accused;
her possession. and man attempts to run, but
Is apprehended.
Alleged bank robber of Monrovia leaves Day
ton, o., in the custody of Sheriff Hammel Of
Los Angeles to face trial here.
Great Greensboro bridge connecting New York
and Brooklyn thrown open to traffic.
Democrats of congress engage in factional
dispute and Champ Clark is censured, as
well as so-called boilers.
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-03-24
COAST

James Bryce, British ambassador to United,
States, receives honorary degree of LIZ d. at
University of California.
Lumber-laden schooner wrecked off coast OF
Oregon.
Peaks of Washington range reserved for
Olympic elk.
Epworth league in conference at Stockton.
Governor Curry of New Mexico withdraws
resignation.
Jury to try Attorney Newburgh at San Fran
cisco yet incomplete.
Pioneer Nevadan dies at Carson City.
Hotel men of Reno arrested on charge of
aiding thieves.
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-03-24

q (rhe full text of Judge Bordweirs {
8 opinion will be found on Page So
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-03-24
STATE LEGISLATURE

California legislature to adjourn at 10 o'clock
this morning.
favorableN report ON anti-Asiatic substitute
resolution to congress, which assembly adopts.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1909-02-12
Girls Outer Gar
nents at Reduced
Prices.

Grls' Percsie Dresses, iu checks,
poll a-dots aud ring Effects, trimmed
with white bad aad light blue percaie
high neck; long sleeves; full gathered
skirt; all sizss.
SPECIAL price, 81 80 Zach.
Girls White Iodis LiDon Gulmpes,
trimmed viii embroidery and fioe tueks;
long sleeves; iaslen in bsck; sll sizes.
75c each. Were s1.00.
G rls' AID Misses Ederdown B Ia
Robes, 10 pain Ond iieured effects, lnm-
med with satin aud cord to match.
So so each. Were $500.
G rls and Misses Eiderdown Bsth
Robes, 10 plain piuk, blue, and garnet;
tapd-embroidsred cord to match.
50 95 escb, Were $500.
Third hoor--G st.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1909-02-12
MABSHAIS AND DEPUTIES IN
DICTED.

The Wayne county, w, Va, grand
jury yesterday returned indictu Its for
murder sgsinst all the deputy Uoited
States manhsls aud deputy ,hsrffi who
10 December made the raid on the VIM
son home, on TOg river, in which VII
lism Vinsou and Deputy Sheriff Joseph
Literal, of Louisa, Ky, we're killed and
a number of others il jared.
1t bad been alleged that Joseph Vsr :
son had been engaged in the Illegal 81 g
of liquor and had frequently defed 3 :
ret. 1t was this that caused posse
deputy Uaitsd States msrsta's aud
other officials to make the raid, in which
fully 100 shots we're 6red.
The deputy sheriff of Louifa. k, had
pref red his services especially for the
raid. Those indicted ioT the murder are
Daniel w. Ouuningt am, of Charleston
Sam Davis, J )seph Messenger, and John
Bfum field, Of Huntington; Sheriff Dick
StJue, ofL0uis, KY, Roland Sllmonds
and Thomas Cochran of Cassville.
The allegation was made before the
grand jury that the officisls after fling
on the Vinson home made rsid on
the interior, and breaking open a trunk
csrrled away more than s 500 in money
and other valusbles.
The attorneys for the indicted men,
after their arrest, will institute habea'
corpus proceedings in an attempt tC
throw their cssss into the Federal tri-
buUsl instead Of the courts Of Wayne
county.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1909-02-12

O5. The som tctsl is made up from il
different groups, which are set fcrIh iu
the stitemeDt.
The largest sinaIs it,m is $5S, 729. Sc,
which was aid to @. NJ. Hsmbrlgbt,
John o. NJ l,er. Z II. Mcmahon, F. j.
Rogers, u. @. Keller and other, for SER
vices rendered in organizing outside Mil
Wsukee county.
The next big smount is $40. 4S5 "a,
paid sn advertising agency snd others
for newspaper advertising. F'r postage
be spent $ll.S9O. w. K KOeII wss
paid $8.4l6 &c for expenses incurred 10
crEauiliug NJ lwaukee county, exclusive
OF items not otherwise accounted fer,
but including organization on primary
day.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1909-02-12
For Sale.

For sale.
6 Room Brick HOUSE.side lot; if sold now it
can be broushtttS 81. 400 Qnick il you want II.
CORNER PROPERTY Room Frame
HOUSE large lot. suitable for business
sna PSI, ,2s). Easy tens.
ROBr. ELL lott,
Real Estate Agent.
febl1 81 i27 South Royal street.