The Los Angeles Times from Los Angeles, California • 18

SosBngcigESciily dimes. THUK.SDAY MOIiXIXG. MO, 1M0-UAHT II THE PUBLIC SERVICE In the Courts and Offices. AT THE COURTHOUSE. SUIT IS FILED TO TEST LAW Angeli'S, was postpone! In Judge court yrsterday.

until July The plaintiff i opposing; the enforcement of the ordinance fixing the tidier rates ta be charged by the Union Hollywood Water Company, on the ground that it is not sufficient to enable the stot-khul-Jera to earn a fair dividend on their investment. cUco, and in fh for sixty acres of Un-i. belonging to Croiker, in bottom county, alleged to worth Crucker repreend. it is said, that there as plenty of timbt-r on the land, alien, a a matter of fact, there was none at all worth si raking of and coiuludo that he has been swiodlwd in th deal. Quality behavior The conditions Imposed by the court ere: That the defendant will remain within the Mat? of California; obey the lavs of 4kl State; observe good morals In her conduct; that she will entirely cease and desist from the practice of midwifery; that she will not be, directly or Indirectly, connected with, nor pecuniarily interested In.

the conduct or management of "any maternity home or tying-In hospital, nor make any such institution her temporary or permanent abiding place. In behalf of th clemency of the court there mere the arguments, that It was the general belief Mrs. Smith had been convicted on her former prnM rftlh. than fin the evidence SUMMARY OF THE DAY. City Attorney Hewitt has ruld out the Lfht conuanies" targe referendum pr-l lion.

An was brought tn the Superior Court yesterday by the District to determine the question whether public service corporations are liable to payment of certain per rent. rf their gr receipts for franchise prlvile. The Initial suit was broufht against the Pacific Light and Power Company. Catharine E. Smith, the convicted chi'il stealer, was allowed probation by Judge Davis, under severe condition as to her future conduct.

Laura E. Charnock began her ease yesterday lit Judge Rives's court for a share of the estate left by "Unci John" Charnock. The question of an BICMSE of nur t1if tn guarantee if'und the purcha Clt.iPE I irfc Jjt right tor thaple bki. A gmrou iih bettla or t-'ura I a.Kornia Grape Joi" fe'litrial kattla, bi doiea PM M.Ka nark Itrand Opnd for jour amplltic Theie ara (pirn-did tlur in f-R'lea. Packed In qujrl acrw-top Jara.

Sweet Mixed, fciweet Relish I jj, jr Gherkitia, Chow Chow I a. jar Sour Onions. Smir Uilla rar ft. during demonstration MACARONI Mada aftar tha Italian aiyla. r.ut under tha U.

Government Food Laws. I Tons Brand, al alaea Mararonl Spaghetti or 1 1 nc Vermicelli, OIOS.OI. 2 lbs. for 25c CAIJFORM. KirE OI.IYEft Ufillum aixe, par quart Large elxe.

pr quart JOr Eira large n. quart 40a KW KAsTKBN IIEKSE Full Cream rtilar Jfo par epaclal. Ih ltn CALIFORNIA ll. CRKAM CHEF.fcE Regular 26a per ape.clsl. BAKED BEANS In Individual pan, per pan IS CCDFIH.

mlddlea, extra thick, par pound lie SALMON BF.LI.ir.fi, taai'jy pink, dium SALMON' BELLItS, faucr pink. large I 2 lbs. for 45c Hotel RnaatiHl Freah Dally FOR Ot FANCY NORTHERN' YELLOW FRFK I kAlra Fane, Ana- PfcACIIE 5-lb. basket, special piEW I IPS. MASON JARS For preaervlne; Pint Mason Jara.

dox Quart Mason Jar, Half-gal. Mason Jars. dog. ftne Jelly Glasses. doi.

Paro Wax, for scaling. pk( ISc LiC Guaranteed QfAMTY GroeeritL barked lift hr a knovl- prlc on any article that la not aatlifactorr. MW SKASOU TEAS paveltiat reeeltrd ahlpment of (ha aa-eon'a Jaraa Teas. Thaaa ara tha rat pit-Una and potaeaa that rtra, dxl-kata flavor su sousht after by lav. era of Japan Tea a.

Na. Japan Tea, aalta regularly at He per lb: Tiuraday aparial. per lb. No. 10 Japan Tea.

aalls regularly al IMS per Thursday apaclal. per Ih. 0e Parnate cup avaltinf at tha atora. Sample aant to your address ra-Queat. riNKAPri.E Rich Hawaiian.

Fruit of Irarinua flavor. No. iS cana allred Special raa, da. lbs. for 25c 8MOKFD HALIBUT, varr ftpe.

par pound S0 GRAHAM RAf 'RE RS Special freah from lha evaa Bishop A t'a. tha flneat Graham "ranker poulbla make pkaa. fee 55 LARD White Rna Brand I'ure Lard J-lh. paila, each SIM) i-lb. alla.

each 1-lb. paila. each SARDINES F.irelda Brand Norwegian timekad flarrilnea. Regular for tic. Ppvrlnl 10 ran, l.l dog MIMi'TK GELATINE Tha pear nt hem all.

Krsular package. 1A Special BXM'kases I5e Blend Coffee-a-2 lbs. for 45c THVRfiD AY 8PFC1AL Ground to Your Order 15e helm hHspuerrles. haskat fOR tie 2IS- 18 SO'SPitlNG'eST' 99 for all Ages. VALTE MO Money Is a strong outspoken ally.

Money does talk. The list of our Officers and Directors talks, too talks of confidence, and soljtj reliability. Come iq and get acquainted. Come NOW New Dividend Period Starts July 1st We solicit your account on the merits of our tank. 4 per interest paid on Savings Deposits, 3 per cent, on Special Checking counte.

No, account too small to recelvq our very best attenlton and service. JURY DISAGREED. The Jury in Jjf'g Willis's court considering, the evidence fn the tae against Joseph J. Fleming-, iharged with the seduction of Mrs. Agnes imeonoff.

dis-asreej and was discharged by the court yesterday morning. The vote stood eight to four for the convic tion, it is alleged. OF BURNS. In Judgre Davis's court t-t-terday. Ralph Burns, who had pleaded guilty of grand larceny In horse stellnr.

filed an application for probation. Th matter will be dis- posed of July t. SENT TO PRIftON. F. R.

Rozales, who pleaded guilty to an infamous crime, was sentenced by JuJge Willis, yesterday to three years In Folsom, H. I. Oliver, who pleaded guilty a charge of forgery, was put away in. th tarn place for Ave years. DECREE OF ANNULLMENT.

Th marriage of Elizabeth A. Anderson and Andrew Monroe Anderson, was annulled by Judge James, yesterday, after the evidence of witnesses show, inar that just previous to their mar. riage, the defendant had been an in mate of the insane asylum at Ukiah, Mendocino county, from November Id, 1S06, to January 81, 1907. The wife testified that she did not now of that fact at th time of the ceremony. Sh said her husband always acted queer-ly, and that he left her about a year ago.

and has not since been heard from. Mrs. Anderson lives at Watts LABORER'S CLAIM. William Wh-lan, a laborer employed In work along Jefferson street, on April 28, last brought an action against the Electric Dispatch Company in the Superior Court, yesterday. He alleges that op that date he was struck and run over by an electric machine owned by the defendant company and severely In jure his ured.

He asks for $20,000 damages for hurts. WALL FELL 'IN. While at work on the Nay building, on Union street, Pasadena, March 10, 1910, one of the dirt walls fell, injuring Charles Kuhl. The Injured man yesterday brought an action against A. B.

Tlr-rell, the contractor, alleging that It was through his negligence that the accident happened. Kuhl asks for LOOO damages. SAYS HE WAS HURT. Jacob Fass brought suit yesterday tegainst th Los Angeles Railway for $10,000 dam. ages, on account of Injuries alleged to have been suffered by the.

plaintiff while trying to alight from a car of the company at Main and Ninth streets, March 22, last. SUIT'S TO CONDEMN. Actions were brought by tho Los Angoles In ter-Urban Railway Company yesterday against Sarah B. Brock, the United Investment Company, and others, to condemn land needed for the con struction of the proposed traction line between Covina and Ontario, San Ber nardino county. The court is masked to ascertain the.

value of the land sought to be "appropriated by the com pany. V- INCORPORATIONS. Articles of in corporation were filed yesterday by the Buffalo Club. John Merz, Henry Klaus, Joseph Simon, Ir ving A. Ralde and J.

E. Van Every; Metropolitan Dye Works, capital stock, $10,000, Josephine Daggett, Ella O. Gorsuoh and Isaac Rosenthal, subscribed, Bell Oil Company, capital stock, $100,000, In corporators, C. E- Lapp. F.

Merrill. L. Moen, H. O. Wheeler.

and J. W. Eberle, subscribed, West ern Light and Fixture Company, capi tal stock, Jio.noo, incorporators, F. 8 Smith, J. L.

Kline and M. S. Kline, subscribed, $5000; Los Angeles Motor Boat Club, incorporators, Georga H. Rector, Henry Fleetwood. H.

P. Usher, Cosy Dunkleberg, James M. Shuck, W. E. Ross and A.

C. Parsons; Arrowhead Cold Springs Company, capital stock, $10,000, incorporators, A. B. McDonald, W. C.

Day, F. A. Mc Donald. S. F.

Lee and Bernard Potter. subscribed, $5. DISSOLUTION OF CORPORATION. The West Coast Automobile Club, filed a petition yesterday praying for the dissolution of the corporation. The principal stockholders are C.

A. Mags E. R. Elliott and Elizabeth Elitoit. ADOPTION.

A petition was filed In the Superior Court yesterday by Archie and Alice T. Yaple, asking that they be allowed to adopt Margaret Al len, a minor, born June 1R. 1909. and deserted by its parents. Thomas W.

Connolly and Helen L. Connolly filed a similar petition praying that they be given the custody of A'olleney Her-rlck, born September, 1908. DAMJLGB SUIT. An action, was brought Against the Los Angeles Rail way and Wesley Haskell, yesterday, by Etta D. Turner, for $25,150 alleged to be dua on account of an accident suffered by the plaintiff.

May last. It Is stated sh was standing at the corner of West Seventh and Valencia street, waiting for a car, when she was knocked down by an automobile owned and driven by Haskell, and afterward, as she attempted to get on a car, th start was made suddenly and she fell to the ground and was badly bruised. RUTT ON NOTES. Th Whittier Hospital Association was made defendant In two actions filed in the Superior Court, yesterday by th Whit-tier National Bank, to recover $1000 and $14' respectively, on potes drawn July, 1KS, and July, JS07. WON BY DEFENDANT.

In Judge Harvey's court, yesterday, the Junto the suit of Lucy F. Culp against the Pacific Electric Railway, for damages by reason of an accident at Eighth and Oljv fitrsets. returned to court sL'h a verdict for tho defendant. It wis shown that the plaintiff got off th car before It had stopped, and that she had been warned by several of the passengers not to attempt to alight while the car was traveling at such a high rata of speed. PRORATION sOFFICS sMOVED.

On aceount of the fact that an entrance-Is being made through th walls of Judg: Hervey's chambers to the new Hail of Records, th Judge Is ow occupying the quarters of the proba lion office on the third floor, while Resources $2,400,000.00 DISTRICT ATTORNEY FOLLOWS RECOMMENDATIONS. Result ef Grand Jury Report la Action Against Pacific Light and Power Company to Recover Percentage of Gross Receipts Alleged to Be Due County. The first action along the line of recommendations made by the recent grand Jury, that action be brought to recover money alleged to be due from the public service corporations of this city and county under tho terms of their franchise, was begun in the Superior Court yesterday, by Hartley Shaw, chief deputy District Attorney The defendant In the action is the Pacific Light and Power Company, for the recovery of 12172 66. alleged to he due. bf-lng 3 per cent, of th gross receipts ef the corporation, after five years.

The comjany enjoy three fran -hlses, two covering Hollywood, an oiher Pomona and th San Gabriel Valley; In 1907. it was given a blanket franchise covering the entire county of Los At fates. It Is the contention of the corporal km that this franchise Is illegal, and that no cause for action Ilea against it under ta alleged terms of the franchise. There will be considerable Interest taken In the progress of this suit, and corporations will watch its various phases to see the statement of Judge Wilbur, at the time the grand Jury was impaneled. In regard to the collection of a percentage on the gross earnings of these corporations.

Is sound law, and can be sustained in the courts. It is likely that all of the corporations similarly affected with the Pacific Light and Power Company, will pool their issues in the defense of the case Just Instituted. The final determination of the questions at is. sue will mean a great deal to them. SEEKS A SHARE.

NIECE BY ADOPTION SUES. Whether the three-quarters of a million dollars left by John J. Char nock, accumulated In Indian scrip lands in Minnesota, sheep ranching; In Montana, and buying land In Loa Angeles county, when (3 an acre was the high water mark, shall be cut Into four or five alices, is the object of a hearing begun in Jmlge Rives' court. yesterday. The contestant Is Miss Laura E.

Charnock, aged 39. a deaf woman. who resides on Boyle Heights. She Is the adopted daughter of the late Charles Charnock. and the allegation Is made on her part that she is en titled to the share of her foster fath er in the Charnock estate.

vnen out years old she was adopted in Iowa, under, the laws of that State, and she testified yesterday that for years she had been considered the nelce of "Uncle John." Bhe said her home had been built and presented to her by John J. Charnock, and that she was in receipt of a monthly al lowance from him ranging- from J10 to ih; that he paid her expenses to the Last on several occasions, and that she always considered herself his niece. Jt will be recalled that the only will made by C'hrnoek was what Is known as the common law will, making Chester H. Smead his executor, and providing that his property should be distributed according to law. It Is also known that Just before his death Charnock had drawn another will, but he never signed it.

In that will a bequest of 120,000 was mads to Laura E. Charnock, and at her death the money was to go to George Charnock, a favorite brother of John J. Char' nock. The ult of Miss Laura Charnock is orpoii! the four heirs, and it is alleged in their behalf that an adopted child cannot Inherit by right of representation from the collateral relatives of the adopting parent. Or, In other word, that while Miss Qhar-noik might inherit property from the rstate of her foster father, she could not from his relatives; that it Is not possible to make by a law a relation that does not exist by nature.

On the part of Miss Charnock It I alleged that by her adoption in Iowa she acquired the same rights of Inheritance to which ah would have been entitled as a natural chili of Charles Charnock, the rights of Inheritance allowing iher to Inherit through her father and from his brother, and that the laws of California do not conflict wh these rights. The petition for a partial distribution that If she wins her case will mean $40,000 to Miss Charnock, is being opposed by Georg-e and Edwin Fleming Charnock. brothers and Julia Ruth and Lady Dutton Green, sisters of John J. Charnock. Lady Dutton Green resides In Adelaide, Australia and Is represented In the litigation by the Title Guarantee Trust Company.

The case wa submitted, It being stipulated that th laws of Iowa, in force at the time of the adoption of Miss Charnock, In U72. should be considered as the law governing adoption at that time. WILSON ESTATE. INHERITANCE TAX TO BE PAID. J.

W. Ballard, special appraiser of real property under an appointment by Judg Rives, submitted his report. on the estate of Percy R. Wilson to th Probate Court yesterday, and the instrument was approved. Th total value of th estate, consisting; largely of stock and bonds of various descriptions, was fl8i.463.oS.

The claims of every kind against th estate amounted to S. Dividing the property under the terms of th will, the various heirs will take as follows. Emily Alice Wilson, widow, Emily May Wilson and Fannie E. Wilson, daughters, and Horace 8. Wilson and Percy Herbert Wilson, sons, each receive 122,421 SO.

Th Inheritance tax levied and to be paid by the various devises, will amount to of which amount Mrs. Wilson will pay $13117, and th children $114.11 each. MRS. SMITH FREE. ON FIVE YEARS PROBATION.

The first smile that his played about the 11ns of Catherine E. Smith since th troublous days ef last January, when sh got tn th meshes of th law, were In eveidenc yesterday In Judge Davis's court, when the woman was released on fiv years' probation. A great deal of pressure was brought bear en the court on both sides of the probation proposition, but Judge Davis Shcugtit that under tbe clreum-sUnrea. justice would be subserved. If Sir.

ft 3 a put upo her B'Jfld VERDICT fOR J'LAINTIFF. In the complaint of James Lannt-rgan agalniil Charles Ftansbury and J. B. Hughes, to recover on account of Injuries received by the plaintiff, by the running sway of a team of horses attached to a wagn not equipped with a brake, a jury in Judge Moss's court, returned a verdict for $16o0 for the plaintiff. CITED TO APPEAR.

Dr. C. N. Her- on has teen cited to appear and file his accounts as guardian of his wife. mental capacity by Judge Rives, a few days ago.

The actions of Mrs. Heron since the determination of her mental status have alarmed Dr. Heron. It Is alleged that on Tuesday morning ah was found prowling around the back door of his residence on West Jefferson street, but hurried away and did not speak to any one, when she was discovered. LABORER INJURED.

The case of Thomas Anderson against The Hart-Wood Lumber Company, for $30,000 damages by reason of injuries received while unloading a lumber schooner at San Pedro. June 11, 1909, was begun In Judge Moss's court, yesterday. THE INFERIOR COURTS. UGLY WORDS AND ARREST. STRIKER PICKS FIGHT WITH HON EST WORKMAN.

Arrival ef Police Break Plan of Laborit to Embroil a Non-union Boilermaker in Rsw-Trial of Cat Promises to Shed Light on Union Methods. A case which promises to throw In teresting light on th methoJs of labor- Itee who pick fights with honest non union workmen, will be tried July 14. Deputy District Attorney Alexander girded up his loins yesterday morning in anticipation of a keen three-cornered flght. The defendants are J. L.

Valmer, a non-union -boilermaker, employed by the Pioneer Boiler Works, located at Caroline and Palmetto streets, and A. Julian, a union striker. The men, arrested Tuesday evening by Lieut. Wil liams and Patrolman Bach, engaged in a hot of words, and a near-fight when the laborite applied an objection able epithet to the free worker. The men were taken Into custody, before any harm could be done, and chargedj.

with disturbing the peace. Valmer retained Attorney Deem to defend him, and the union aent Attorney Spring to Julian's assistance, Spring demanded a Jury trial, LIGHTNING WORKER. THIEF TRAPPED BY WOMAN. T. 3.

Clancy popped into the limelight yesterday afternoon as some thing of a wonder in the way of swift thievery. Later, he was nahbed by Irate pawnshop owners and popped into the City Jail. Clancy began his lla-htnln Dera tions early in tha afternoon by stealing a coat and vest, from M. Leavltt's small clothing store, at No. 133 East First street, and ractnr with the loot to a near-by pawnshop, where he sold it.

Leavltt traced the coat and vest to the pawnshop, and recovered his property. a few minutes later, a roll of blank ets was stolen from a second hand store at No. 2S7V, East First street, and, quicKiy sold to another gocond-hantl store around the corner. The loot was recovered, and the pawnshop people began an excited vigil. it was not long before Clancy ap peared near Leavltt's store and walked off with a quilt from a rooming-house.

was driving a hard bargain with amaxlng speed in a third second-hand store, when he was seen by a woman wno charged him with having stolen a pair of shoes from her a few days ago. The indignant Hebrews pounced upon and turned him over to Patrolman Harrison, who marched him up to the Police Station. ANXIOUS TO PLEAD. YOUNG MAN STAYS JUSTICE. A.

E. Whitney, a young man who ar rived In this city recently In quest of work, tied up law and justice In such a tangle when arraigned before Justice Chambers, on a charge breaking Into a freight car yesterday that the court declderl to sleen over the question before rendering a decision. When the charge arainst him was for mally read. Whitney was so eager to Plead guilty that he said It twice. Th plea of guilty mteht hav closed th ease, but the court's senses of Jus- tic was shocked when, on being asked for an explanation, the arresting officer, a special watchman, said he had not seen th boy break the seal on the car, but had simply found him asleep In a corner.

Whitney said he was out of money, and switchman had told him he might crawl Into the open car for the night. Whitney will be sentenced today. A FLIMSY DEFENSE. CLERK PUNISHED. That he had been hit with a chair by an old woman so infirm that she had to be carried into court, was the in credible defense of Henry Hersberg, yeung pawnbroker's clerk, when ha was arraigned before Justice Cham bers In the Police Court yesterday on chare of batterr.

Th court final him $23, and tha sentence wss pro nounced so curtly that It made the de fendant jump. llerters It arrears, mnmed with Mrs. Harriet Burnell. aed 0. at No.

U4J South Hop. Ills conduct was objectionable ta the old lady and he was ordered to leave last Sunday. Hers-berg returned to the house Slondav sfternoon on th pretext that wished pay a laundry pill, when met at th door by the old woman, he becam so violent that sh screamed for help. Peeing Mrs. Jessie Talbot, the house, keeper, eomlng up.

Hersberg roughly esught Mrs. Burnell by the arm. Early Morning Fire, Fir In the roof nf the lia.stnrv L1' v' CU8d a loss of about ahaent from home when one of th neighbors saws flames and smok Issuing from the rear corner of the roof, and bfors the alarm had ceased ring-lug, the entire roof wss a-biase, Th as confined to th upper part of bullling, which it damaged to th eitent of shout lUOO, but thr wss no time to rwmove the furniture, tHeh hesvily alamitired by iitr, TP is vovred by Insurance. Jf.E. COR.SPPING& SECOND STS.

in the Sadie Engleman baby case; and th fact that she Is quite feeble both mentally and physically, and not likely to survive even a short term behind th walls, moved the discretion of the court. Above all, the statute under which the was convicted, applied more particularly to cases of and not to the circumstance of the action at bar. BRUNNER'S DIARY. MANY ENTRIES ERASED. The most interesting development In th Brunner divorce case yesterday was th discovery that in the account book and diary, kept by the asod defendant for a number of years, showing where a reat deal of his money went, and other matters of interest Just now, had been mutilated by some one.

A number of the entries had been marked nut with a deep black pencil, and a num. ber of whole pages were missing. These books, Brunner testified, had been missing for several years, and were presumably tken from a drawer In his room before he was driven out of the Alhambra home. They as mysteriously returned a few days ago, but showing- the marks of the depredation of some one interested in wiping out some cY the testimony. There wer no allegations as to who might hav been guilty of the act.

Mrs. Brunner warmly denied that she knew anything about the work of the vandal. Sh had torn up several pages of notes and figures, but they were much larger than the pages of the books. Judge Crow examined the books closely, with a view to ascertaining, if possible, what some of the entries that had been marked out, might be. At the morning session of the court R.

W. Polndexter, a broker, testified that in 1907 he had loaned Mrs. Brunner $5000, the money being used to reimburse a bonding- company, who had furnished surety for Herman Brunner in on of the cases of the United States government against th ex-lottery tick et dealer, that was afterward tried at Mobile, before the United States District Court. RUSHING BUSINESS. MANY CASES IN COURT.

Yesterday was a great day for business in Department Eleven. At 9:30 a. the report of the Jury in the Flem ing seduction case was received by Judge Willis and the body discharged. Then a half dozen offenders against the law were arraigned, and several sentenced. This was followed by the impaneling of a Jury in the John Burton grand larceny case, and this occupied the attention of the court till noon.

At the opening of the afternoon session Burton pleaded guilty to petty larceny, and was given a long jail sentence. 1 The decks cleared again, the case of W. H. Jayf charged with fraud In connection with the sale of stock in a mine that he alleged he owned, known as the Baxter mine, near Tecopa, Inyo county, to W. G.

Bobbins, who paid $500 for the stuff, was called and the hearing is now in progress. According to the complaining witness, Jay asserted the mine had been purchased by him for $30,000, when, as a mater ef fact, he did not own a cent in the venture, according to the averments of the information, Robbins says that Jay told him that the gold was as thick as "wheat In a bin." AN OLD CASE. AGAIN IN COURT. An action for damages that accrued during th construction of the Pacific Electric building, at Sixth and Main streets, In 1903, was begun in Judge Hervey'a eourt yesterday. The plaintiff is Henry Larsen.

and the defendant Carl Leonardt. Larsen was employed as a brick layer on the Job and on December 10, 1903. was Injured by the giving away of the scaffold, where he waa at work. Five years ao a jury gave Larsen a verdict for $3500, but the case was appealed, and in June. 1908.

the District Court of Appeals remanded the action for another hearing. One of the features of the case was the production of a receipt signed by Larsen, acknowledging the payment by Leonardt of $175 "in full release, discharge and satisfaction of all claims demanded of Leonardt on account of the accident," etc. This bore the date of February $. 1904. At the close of the testimony for the plaintiff, a motion waa made for a non-suit, and the matter will be argued before Judge Hervey this morning.

RELATIVES REMEMBERED. EMILY L. SMITH'S WILL. A petition for the probate of tho will of Emily L. Smith, who died In Denver.

December 20. 1909. leaving large property interests in Los Angeles county, was filed in th Probate Court, yesterday. The value of the estate lit mora than $50,000. The following bequests are made; To Mary Powell.

$4000; to Cora L. Carna-han, Nr. f5j Logan street, Denver, ell of th testator personal belonging; to Harold Doris and Emily Camahan, and Melvin H. and Frank L. Smith; grand-children, ail of Denver, $3000.

each; to sisters, Sarah K. Kundel and Mrs. George' Dudley, Falrport, N. $5000, each; to neiees, Mrs. Charles A.

Clark and Redo E. Kundel, Falrport, $2000. each; to brothers, Jerome Bwndeland George Rundei, $2004 each. Hannah Westeott, of St. Joseph's Hospital, Denver, is riven $25 a month for life for her support, and all of th remainder of the estate Is aiven shar and share alike ar daughter.

Cora Carnahan, and a son, Frank u. omitn- COURTHOUSE NOTES. BREVITIES MISCELLANEOUS. ADMITTED TO PROBATU The will' of Mary Teresa Mullen, who died May I. leaving an estate estimated to valu $750,000, was admitted to pro bate yesterday by JuJge Rives.

The executors of the Instrument are Rose Marie Mullen, Genevieve Mullen Han cock and Isld1 B. Dockweikr, who are to hold thu estate In trurt for ten years, when It I to be divided among tn cnnoren and a grand-child ac cording to wishes of Mrs. Mullen as expressed ra hr will. The niost of the estat consists of the capita) stock of th Mullen A Bluett Clothing establishment. IS Th hartr, of the erder to show cause in the suitl brought by the Union Hollywood ter company faint the City of Los adopted child to Inherit property under the laws of CaUfornla la involved.

The evidence the Brunner divorce suit yesterday showed that torn nne had tampered with bis accouat book and diary. Entries were blor.ed. out, end pages of the booVs had torn cut A- E. Whitney, charred with vagrancy, tied up bis case in the Police Court yesterday by pleading SuSHy and then making a Mrong showing: oi innocence. He will be sentenced today.

Henry Hergberg. in the Police Court on a charge of batters', tried to tell Chambers that he had beon hit with a chair by an old woman who Is so Infirm she had to be carried be fore the tribunal. A lively thrre-rornereJ lawyer' fight was promised In the Police Court yesterday, when a non-union man and a striker were arraigned on a charge of disturbing the peace. AT THE CITY HAUL. LEGAL AX FOR BIG PETITION.

SECOND LIGHT-RATE REFEREN. DUM IS RULED OUT. City Attorney Holds It Is Superfluous as a Sufficient Referendum Petition Has Already Been Filed and Acted en by the Council Litigation in Sight. That "mere superfluity," the referendum of the three lighting companies against the rate ordinance, which was filed Monday, will meet the ax of City Attorney Hewitt today when he gives legal advice to the City Clerk. The referendum contains nearly signatures, and was begun a few days after the 7-cent rate ordinance was passed by the Council, but was not filed until the thirty days allowed by the referendum Jaw elapsed.

In the meantime the Mayor, going on the theory that tha petition was a boas, or if it was not, was a bluff and would never be filed, asked the Municipal League to gut another petition. In a hurry, and put the question on the ballot at the election today. By this the referendum club was from the hands of the corporations. By filing their petition Monday the companies took the attitude that the Municipal League petition Is Invalid and tiiat an election under it Is also invalid, ana that their petition is the only one legally before the Council. City Attorney Hewitt, answering a requfst of the City Clerk, ttiil hold that the additional 10,010 names are merely superfluous to the petition already, filed, and can add nothing to the certainty on the part of the petitioners as the number required by the charter 212 was on the first petition.

He will advise the clerk to Ignore the petition and not even attempt verification with the Great Register. The clerk will follow this advice, of cource, and It is then up to the companies to carry out their programme by appealing to the Superior Court for a writ of mandate to require him to verify and certify the petition to the Council. This suit will raise the question of the validity nf the first petition, and the ruling; of Hewitt that It eould Justify the placing of the question on the ballot with only ten days' notice, instead of the thirty required by the referendum provision. Hewitt reversed his own opinion on this question and held that the referendum could not apply to an election ordinance op else it would defeat its own purpose. It is now a fad pit with two referendum cocks in it to fight to a legal death.

Just what it would be if the Mayor's insincere referendum Is sustained today at the polls. Is not legally defined, but laymen would call it a joke, City Hall Brevities. The Board of Water Commissioners, answering the Council's protest against the pracUve of the department In cutting up newly paved atreeta to disconnect water services, has asked the Council to send a committee Jointly with the Board of Publlo Works and the City Engineer to discuss th question. because ef the election today all the Council committee meetings will be postpones until tomorrow afternoon at the, usual hours. The Los Angles lea and Cold Storage Company has petitioned th Council to direct the City Attorney to dismiss tho suit besun in 1907 to require the or.mpny to pay luu I distributor of sterilizsd water, on the theory that It was a "domet-tlc water company," defined in the or-finances.

MINOR ACCIDENTS. Like Children's Matins Yesterday at Receiving Hospital, With Three Boy Patients at Sam Time. Three boy patients admitted at the same time made it lock like a children'! matinee at the Receiving Hospital yesterday morning. None of the laia had been seriously hurt. Jacob Aselrow, a sturdy barefoot youngster of 13, whose home Is at No.

SOS lioston street, was skating on the sidewalk on California, street, near HHI. when he fell and badly sprained his left shoulder. Hotter, of No. itf Alpine etret. ten year old, was racing along K'insjit wuevard when he fell with his band Baainst a palm tree.

One of the tii-prp thorns penetrated the palm of hit! the point protruding at the base of th- thumb and breaking off In the flesh, ft was nwsessary to adminls-fr cbiorofTm to remove the thorn. Herman Tyler, a 1-year-old mechanic, w'n parnts live at No. Cast Vrhtn e'rt, unnartook to convert an tiirr Ihs iwto wheelbarrow. fel J9, s4 trot the biggest it's tf In roahf's kitchen, and cut lft thumb. if fj Vnt Is Of Est Waytfeofe.

At Soda Fountains or Elsewhere not It means the Original and Genuine PJ3ALTEB) mUl A The Food-Drink Rich miHc malted grain, in powder form. More healthful than tea or eoffti For and growing children. Agrees with the weakest digetn, Puienulribcfl.upbuilding the whole body. Keep it en your sideboard at home, Invigorates nurting mother, sod" th aged. A quick lunch prepared in a minute.

Take no substitute. Ask for HO fill CITS. kid 0 MfgMAT 4th of fl July EXCURSIONS On sale July 1. 2. S.

4. Good to return the 5th. Riverside, Colton and San Bernardino, 2.35; Ontario, J1.60; Pomona $1.35. Other stations In California ont an4 ono tclr4 for round trip, when, one-way fare is not over $10.00. Excellent Service to Long Beach, San Pedro and Catalina Round trip 50 cents to seashore and 10-iide tickets, Good, for twarer.

Whole family cas use them. i Round trip to Catalina. $1S0, July Good to return steamers and trains. Get a folder at 6ftl So. Spring cr First Street Station, showing train and motor eervlru.

Probation OtlTcer Dodds and hH occuplad by will hereafter be found on th fourth No. tit fcouth Bunkr floor. In the loom fnrm.rlv nrotiniad XV r-y the grand jury while In session. 1 1 FRAUD ALLEGED. William "Mitchell and wife.

Nana Mitchell, ask for a recirslon of contract and recovery of real vroperty in an action filed in the Superior Court yesterday scalnst H. H. Crocker antl Ms wifa. Inet Crocker. Jt Is that nn March 22.

Mitchell traded a lt la the Lak Tract. tjr Sr tn kt.