Los Angeles Herald from Los Angeles, California • Page 3

SUNDAY DEC. 19, 1880. Sco ailvfttisemeut of Situation Waitti 11 A kit of i-arpeutSi's tuols is advertise.l far iv our New To-Djy. Tho Los Angeles lulls are beginning to Like on the bright green Vt'Bturv which muses them Incomparably lovely. A competent hhhi for general housework nan obtaiu situation by calling at the corner of Main and Fourth streets.

"Heaven and Hell aud Where urj They?" is the subject to be discussed at Good Templar Hall to-day at Up Heals free. Key. U. Ellis lias recovered from his receut llluess aud will occupy his pulpif. this morning ut 11 o'clock.

No evening service. The barn, contents and three horses belonging to Mr. Clark, who lives near Mud Springs, near Spadra, were destroyed by tire oue day last week. By notice In our advertising columns it will bo seen that three diamond studs will be raffled at Congress Hall us soon as tbe ohauces are all taken. Two weeks from now and mushrooms will abound, as an incident of the late plenteous rains.

Later will come fat mutton and Juicy Why, oh why, can't wo have these things all together. The Loa Angeles Guards, at their last meeting, passed a vote of thanks to the Presidential Reception Committee for a donation of tbe surplus of tbe money collected to defray the expeusss of tbe reception of President Hayes. Tbe license clerk of the County Clerk's cilice was in greater demand yesterday thau on any day daring tbe present season, live important swains having taken out permits to enter tbe state of matrimony. An elegant set of silverware will be raftHd for at the Eintracht saloon on Christmas eve, the chances being nearly all disposed of. The Winner will have a magnificent table dlsplsy.

Au ice-pitober aud a castor are included iv tbe set. The announcement lor the New Year's ball of the Turn Verein Germania, to be given at their hall on New yeai's eve, appears elsewhere. all entertainments given by this Society, It will be a delightful affair and we would advise all who wish to usher in tbe new year pleasantly to be sure to attend. Mr. W.

H. Northcraft will commence the sale at public auction to-morrow afternoon, at No, 29 Spring street, of a large stock of goods suitable for the holidays. Tbe sale will commence at 2T. M. aud will be continued day and evening until the entire stock is disposed of.

For particulars read his advertisment iv our New To-Day. Al tbe American public ere on the gui vlve for a new sensation, we cannot forbear mentioning an incident which occurred yesterday, The weather we have been accorded lately is abominably muddy aud sloppy. Yesterday afternoon a young lady emerged from tbe Fair Which was being held at Union Hall, entered Camillo'a barber shop, took her seat In one of tbe obalrs aud bad her shoes blacked. Tbe unusual incident collected quite a crowd. But why should it? Both sexes ought to be equally interested lo bright foot wear.

This incident may be acceptedasa frank Challenge of effete social customs. By announcement elsewhere it will be seen tbat the Owls will give two more representations of i "The Bleeping Queen" and "La- vater" at Turn Verein Hall ou Monday and Tuesday evenings, by 1 which time, it is hoped, our streets will have dried up sufficiently to permit our citizens to turn out in force and fill tbe house on both nights. The plays are exceedingly interesting and produced in a manner uot excelled by many professional companies. Thus far the venture has been a losing one, tbe outlay for costumes and scenery, which have aeeu brought from San Kranoisoo, having been heavy, and we trust tbat the attendance wii I be such on Monday and Tuesday evenings as not only to reimburse the ladies and gentlemen who have so well catered to our amusement, but to allow tbem a reasonable profit besides. Tbe Owls propose to give another series of entertainments shortly, and to that end have ID preparation H.

J. Byron's threeact comedy, f'Coiirtekip" and "The Lancers," better k.Down Quesn's Shilling." These are brilliant pieces aud they can be well presented by our local talent. A very accomplished lady of Los Angeles bas addressed us the following enthusiastic remarks concerning Mrs. Dr. Potts, most of which, and the entire spirit of wbicb, we can most cordially endorse.

Mrs. Potts is a specially gifted talker, and however we may disseut from many of her opinions, she is deserving of respectful attention. But to tho communication of our lady correspondent! "Mrs. Dr. Potts has been requested by some of our ladies to repeat her afternoon private lectures to ladles and we are glad to atate that the Doctor bas consented.

Our ladies oannot plana too high an estimate on these lectures, It Is certain tbat thousands of tbem are suffering from diseases that more knowledge of their own systems wodld have averted. Our young girls are growing up to drag out a miserable existenoe from tbe game cause. None of our text books or public lectures furnish womankind with tbe important faots this eminent lady will present, to them this week. Mrs. Potts bas lectured here one week, and she bas received tbe highest praise from all who have heard her.

She is endorsed by the highest medioal institutions of tbe country and the press East and West speak of her efforts to alleviate the sufferings of humanity in glowing terms. The Doctor will give her first leoture Monday afternoon, at 3 o'olock, at the Prssbyterlon Church, which will be free. Ladles, give the pootor a cordial reception." The Ladies' Aid Society Fair. The Fair of the Ladles' Aid Society, which has been in progress at Union Hall last Tuesday, closed last night. The entire week has been Inclement, tbe rain aud keeping many from the hall; but, notwithstanding tlftso disadvantages, we are pleased io bo able to state that the Fair lias beeu a pecuniary success, the ladies realizing in tho neighborhood of $1000.

Tbe most interesting feature of tbe Fair has beeu tbe contest between the friends of a number of our popular youuc ladies. During tbe week the ititerest was somewhat languid, but last night tbe friends of Miss Martini Dodsworth and Miss Nellie Snellen mustered iv force and the contest throughout tile entire evening was warm and exciting, ending in Miss Dodsworth receiving 867 votes aud Miss Hpeuce 725, the former young lady winning the handsome silk gui It. The total number of votes cast was 2019, the surplus over the numbers stated above, being.diviiled among the young ladies whoso names have appeared from day to day in the Herald, and which, at 25 cts. each, aggregate tbo sum of $504.75. Iv the contest for tbe picture, to be given to tbe most popular gentleman, Key.

Mr. Chase, Pastor of the Fort-street Church, was the successful competitor, be receiving 36 votes, Rev. M. M. Bovard 34 and Mr.

Speedy 32. Col. G. Wiley Wells came off the victor in the contest for the embroidered sofa cushion, worked by tbe daughters of Bishop Simpson. The Folk's Concert added greatly to the entertainment of last evening, tbe performers rendering tbe old-time tunes most acceptably.

Tbe Fair concluded with an auction of the articles that bad not sold, Mr. R. A. Ling acting as auctioneer, tbe odds aud ends bringing iv about $100. Important Action.

we give tho conclusion of Judge Howard's opinion in Savings and Loan Society v. Pio' Pico et It appears by the stipulation of counsel at the trial, that, on the day of the sale, Trustee Burr was not in San Francisco, and the evidence does not teud to prove that the other Trustee, Dean, was present at the sale. No proof on behalf of the plain- I iff was offered but the deed of the Trustees. The deed of trust declares: "Aud In event of a sale of said premises, or any part thereof, and the execution of a deed therefor, uuder these trusts, then the recitals therein of default and publication shall be conclusive proof of such default and of the due publication of such notice, and any such deed or deeds with such reoitals therein, shall be effectual and conclusive against said party of the first part, his heirs, assigns aud all other persons." By no fair construction can these stipulations be held to extend beyond default of payment and publication, they do not go to tbe absence of the Trustees from the sale. It is to be observed that the answer charges a fraudulent combination between the Trustees aud tbe plaintiff corporation to procure tbe properly for' less than a fair value, and a fraudulent non-execution of the trust-deed.

It will not be seriously qusstioued but that under such circumstances, a court of equity has full jurisdiction to declare tho sale void aud vacate the deed of tbe Trustees. It will not require the citation of authority to prove that a party cannot stipulate immunity fur bis owu fraud. As a matter of logic and authority all tbe Trustees should join in the execution of a trust and supervise the Bale. Mr. Washburn in bis work ou Real Property thus: "In those oases where there is a oonSdence in the Trustee, and this is always deemed to be the cans, unless the Instrument creating the trust authorizes tbe employment of another, and a delegation of power to such third peraou, tbe office and duty of a Trussee cannot be delegated except so far as relates to ministerial acts, when be may employ an agent who governs himself by his advice aud discretion in tbe management of the trust, be being responsible for his agent's acts." 2 Wash R.

prop 4SB. "Where several are named as Trustees they constitute together oue Trustee, and must exeoute the trust together iv order to act at all," the aui of ope haying no effect; a sale therefore by ope of two Trustees is void, tbey oannot act separately unless the authority conferred by tbe instrument runs to tbem or either of them." 2 ib 454. Htory Eg Sco 12S0. Rldgelyvs Johnson 11 Barb 535. A stranger may set up the defective execution ol tbe power when relied upon as title.

Sinclair vs Jackson 8 Cowen 6.43. In Taylor vs Hopkins 40 111 442---45 it was held; "A Trustee who is empowered to sell and convey land to pay debts, is unable to delegate the power to another, be is selected and confidence is reposed in him by tbe parties, and he must exeoute tbe trust; be may employ an auctioneer, but must be present and supervise and control tbe sale for tbe best Interests of the parties, and should as far as he may be able to prevent tbe saorifloe of the interests of either party." In Graham vs King, 50 Missouri 22, tbe Court held: "The office and duties of a Trustee are matters of personal confidence and he must exercise a just aud fair discretion in doing whatever is right for the best interests of debtor. He must in person supervise and watch over tbe sale aud adjourn It if necessary to prevent a saoridoe of the property, and no one can do It in bis stead unless empowered thereto iv the instrument conferring tbe trust." To tbe same effect Is Bales vs Perry 51 451, in whloh the Court says: "It is a familiar rule of law tbat a special authority must be pursued, tbat the ofllce aud duties of a Trustee bslng matters of confidence cannot be delegated by bim to auother, unless an express authority be conferred on him by tbe Instrumsnt creating the trust, he is inoapaoitated from delegating any duty, unless tbe former is expressly given, which involves the exercise of any discretion or judgment, etc To this end be must exercise bis bsst judgment as to the mode of offering tbe property for sale, whether paroels or in a lump; alio ai to tbe postponement of tbe sale under any given state of circumstances of wbicb be alone is the judge, and In selecting tbe medium of publication." "A Trustee cannot delegate tbe trust power of sale to a third persou, especially If it Is a naked power coupled with no Interest. A sale executed by such delegated agent is void. Nor eau one Trustee delegate ills power to aco-Trustee." Perry ou Truacs, Sec 770 Newton vs Brnnsoii, 8 Kernan 693.

Hawley 5 Paige 487. Sergei, vs Duff, 4 Johns Cb 363 If Dean had been present be could not make the sale without tbe presence of Burr. Suction 860 of the Civil Code of California, as amended in 1873-4, provides: "Where a power is vested in several persons all must unite iv its execution, but in case any one or more of tbem in dead tbe power may bo dictated by the survivor or Survivors, unless otherwise prescribed by the lorms of the power." This amendment was subsequent to tbe of Fogarty vs, Sawyer, 29 it Is only tba rule of the decisions. It seems to be well settled, that a trustee does not unite in tbe act unless be is present at tbe sale. In Beckenkamp vs.

Bels, decided first In the St. Louis Court of Appeals and subsequently affirmed by tbe Supreme Court of Missouri at the April term, 1879, (see 9 vol. Cent Law Jour, 39) the Court held that where "tbe sale took place at tbe Court House, tbe auctioneer or crier standing in the door, and bidders inside the ball, tbe trustee was present at the Court House door before the sale began and after it ended, but during the sale was not in tbe Court House but In a saloon on tbe opposite side of tbe street and was not present," tbe sale was void. The Court said "that it was the duty ot the trustee to be present during tbe crying of tbe sale, to observe the progress thereof, protect the interests of parties, to reject fraudulent bids made to frustrate the sale, and if necessary to adjourn tbe sale. If the auctioneer may lawfully make sale in tbe absence of the trustee, and should, during his absence, accept a bid, and declare tbe person making tbe same to be the purchaser, and by proper memorandum In writing complete tbe sale, it would be out of the power ot tbe trustee to set tbe Bale aside, and in this way the trustee might substitute tbe auctioneer for himself in tbe exeroise of that very discretion wbleb the law declares to be a personal trust and cannot be delegated.

The trustee should be present to sanction the acceptance of any bid by tbe auctioneer before any binding memorandum of sale can be made." In tbe case at bar it is conclusively proved that Burr was not present at tbe sale. It is well settled that, when there are several trustees, they coastitute but one trustee, and that a trustee cannot delegate bis functions to his cotrustee; it therefore follows that tbe sale was made without tbe presence of any trustee, and that the sale a.id trustees' deed are void for that reason. It is argued that the deed of trust does not require tbe trustees to be present at the sale, but tbe law does, and tbe law is a part of the contract. Bronson vs. Kenzie, 1 How.

U. S. Rep. It is admitted that Burr was President of the Savings aud Loau Society, and Dean a Director of the same corporation at tbe date of tbe trust deed to them, and tbey were both stockholders and officers at tbe date of the sale by them as 1 trustees to the plaintiff. 1 The answer charges that tbey combined with tbe corporation plaintiff to enable it to purohase tbe properly for less than Its value.

It is in proof that the "Pico House" 1 was worth at the time of the sale tbe sum of 525.000, that is the ay- 1 erage lixed by the testimony. Haley testifies that about the time of tbe sale $30,000 was offered by one party, it Is clear therefore that the $16,000 for which it sold was 1 not a fair price. The evidence fur- ther establishes tbe fact that the bank lot was worth about $10,000 1 and was sold for $6,500. 1 It is also iv proof that this property was sold at a time of great do- 1 presslon In the price of property. The fair presumption is that, if tbe trustees bad both bseu present, 1 they would have postponed the sale to a more favorable time.

A striking difference between tbe real value of tbo property and the amount for which it ia sold may furnish evidence of irregularity aud may emphasize tbe Importance uf circumstances hy which the inadequacy of prioe waa produced." Thomas on 341. The trustees beiug stockholders in tbe corporation which purchased, were personally Interested in tbe plaintiff's obtaining tbe property at a low figure, their interests therefore were adverse to those of tbe debtor. Under such circumstances it well settled tbat the sale cannot be supported, especially If there is any iuadequacy uf price and the beneficiary applies iv a reasonebie time to have the sale set aside. "If one is intrusted to sell property by anotber and direotly or indirectly becomes himself tbe purchaser at such sale, it la ipse facto so far a fraud that any one Interested in it as a ctttui que trust may avoid it at bis election." 2 Wash. H.

prop. "If a trustee or person acting for others, sells the trust estate aud becomes himself Interested in the purchase, the eeatui que trusts are entitled as uf course to have the purchase Bet aside and the property re-exposed for sale uuder the direction of tbe Court." Davone vs. Fanning, 2 Johns, Cb, 252. "The law declares the salo warrantable qu tbe grounds of public policy, irrespective of any proof o( injury or intentional wrong." Boyd vs. Cal.

19. Tbe relation of the trustees to the plaintiff as stockholders brought tbem within the rule as to inter' San Diego vs. S. D. L.

A. R. It. 44 Cal. 100.

There cau be no doubt that as stockholders iv the corporation plaintitl, the trustees were interested In the sale and in the profits accruing from the sale. Aug Ames qn Corp. 516. In the. matter of Kip, 1 Paige, 613.

There were circumstances in the sale, tending strongly to prove the charge of tbe answer of a combination between tbe plaintiff and tbe Trustees to enable tbe former to obtain the property at sacrifice. There not appear to have bean any bidden present at tbe sale but the agents of the plaintiff, who offered neither the value of the property nor the amount of the debt. It was held iv Fairfax vs Hopkins, 2 G. p. 184, that "a trustee appointed by a debtor to sell tbe mortgaged premises to tbe highest bidder is bound to see that the sale is fairly mads and that there is real competition, he is as much bounil to take care of the interest of the debtor as of the creditor, and If be finds only a sham competilion he ought not to proceed with the sale at the time, but adjourn and give a new notice." Tbe Court observes in the same case: "A mere statement of the facts of this caso shows injustice.

That a creditor should have the power of appropriating to himself at his own valuation the property of his debtor strikes any one as upjust iv the extreme; yet this has beeu tho fact In tbe present case, aud may be the fact in many like ouses, if, by a mere compliance with exterior forms, ho can tie the bandage of law over tbe eyes of equity. In the present case, although the forms of the contract may have been pursued so that If a stranger had been tbe his title would have been protected at law, yet, iv substance, as between these parties, the contract has not teen complied with. Tbe land was to be sold to tbe highest bidder, meaning unquestionably the highest bona fide bidder, aud unless there be at the sale more than one bidder tbe sale cannot be made to tbe highest bidder, because where there is only one there oan be uo comparison. Tbe word "highest" was used In order that there should be no eale unless thefe should be a real competition. Such is undoubtedly tbe intention of tbe parties; and where the intention of the parties has not been fairly executed a court of equity will interfere in oases where third persons have not acquired legal rights without notice of tbe equity." Another evidence of a want of fairness iv the sales arisss from the fact that no adequate notice was given to the parties purchasers of the amount claimed for whloh the property was to be sold.

The Trustees in their deed reoite that the note of the 16th of July, 1875, principal and Interest, was due; It recites that the sale is to be made to satisfy this sum and certain disbursements and advances made under the deed since Its execution, without reciting what these advances were or the'amount of them, or for what made. The Trustees had no power to sell except for the debt and amount secured by the trust deed, and therefore this amount should have been stated Id the advertisement, which was In the nature of a complaint in foreclosure and such aoomplaint which did not allege the amount claimed or due would be dearly demurrable under tbe allegation of the answer. The omission goes to a question of fraud. "The notice of foreclosure must i contein a statement of the amount due thereon at the time of the pub- lication." Thomas on p. 402.

Tbe plea of the statutes of limitations in this case cannot be sustained) as the deed of trust is a direct trust and not within the stat- utes. Angel on Sees. 167, 469, 167 and note. Perry on Trusts, Sec. 863.

Vanoe vs Bloodgood, 7 Johns, oh. 111. "The statute of limitations does not begin to run in tbe case of an express trust until the Trustee, with the knowledge of the cestui que trust, has discovered and repudiated the trust." Miles vs Thorn, 88 335. This is on the ground that the possession of tbe Trustee is not hostile to that of the beneficiary, so the possession of the mortgagor is not hostile to but is the possession of the mortgagee. Augel on Sees.

449, 452. "Tbe statute of limitations does not begin to run against a mortgagee oat of possession as in favor of the mortgagor or bis vendee, even after the law day baa passed, until there is some overt act or open assertion of adverse title because the latter are presumed to hold in subordination to the title of tbe mortgagee." Boyd vs Beok, 29 704, 714. There is no proof of such overt act in this case. In Graut vs Burr tbe Supreme Court of this State held tbat tbe statute of limitations applied only on tbe aotion and did not extinguish tbe debt. It is urged tbat tbe note of July IQ, 1575, was a payment and discharge of tbe loan of plaintiff.

Tbe trust deed in this oase was for future advanoes and tbe note declares tbat it is secured by the trust deed. Tbe presumption therefore is tbat it was given for a future advauce, or in renewal of the former loan. "The renewal of a note or bill of exebuuge secured by mortgage is neither payment nor discharge of tbe lien of tbe mortgage." Boyd vs Beak supra. Iv Wilkinson vs Flowers, 37 ST9, it was held: "Actual payment of tbe mortgage debt is a good defense to a bill to foreclose, but tbe presumption of payment arising from tbe bar of tbe statute of limitations against an aotion to recover the debt will not have that effect." Iv the same case it was said; "It is now tbe settled doctriue of this Court tbat the right of the mortgagee to foreclose is uot lost because au action for a recovery of tbe debt secured to tbe mortgagee Is barred by the Statute of Limitations." Tbe Court further observes: "Tbat possession of the mortgagor after forfeiture in the absence of any proof to tbe oontrary is deemed adverse to the title of tbe mortgagee." Tbe Court further holds "that it is a questiou of title, and tbe mortgagee is barred only by tbe Statute of Limitations applicable to tbe right of entry." In this State that Is five years and not four, and as in the case of a deed of trust, the Supreme Court has held that tbe debt still exists, the lapse of four years does not bar the right of sale. Besides deducting the time of the aotion ot tbe injunction the four years have not run.

It follows that, as the Trustees' sale was void, the plaintiffs have a right to demand another sale by tbem, or, if tbey so eleot, to resort to a judicial foreclosure. It is well settled that a creditor, he so elect, may resort to a judicial foreclosure instead ot a sale under the trust deed. Howard, Judge. December 14th, IWO. Council Proceedings.

Th Old Council Dispatches Onnnlshod Bullaeuaad Adjourns Bias of tho Now F. Ssoues olootod President W. Koblason ro-Bleotoa- Oity Auditor aud ex-offleio Olerk of Council Election for Chief of Qiorge Qard the Buocti -ful The Other City Officers 80-Elected- The Mayor's Mjeiago. Council met in regular session last evening, Presideut Lawlor in the Chair. Minutes of last meeting read and approved.

Ou motion, the members elect of Council were Invited to take seats on the floor. On motiou, the Clerk was instructed to draw warrants for tbe payment of several bills approved by tbe Finance Committee. Tbe Finance Committee presented a report enclosing a blank sheet of paper aa tbe record of unfinished business iv the hands of the Committee. On motion, a vole of thanks was returned to tbe Finance Committee for their efficient management of tbe finances of tbe city. The Committee on Fire and Water presented a report recommending the enforcement of tbe ordinance against the storage of combustibles inside the general fire limits.

ITbls refers to tbe erection of tanks for tbe storage of kerosene oil on San Pedro street, Mr. Beck moved the adoption of the report. Adopted. The Zanja Committee recommend that petition of P. Philip be denied.

Approved. Other recommendations were referred to the future Committee. The Special Committee to which was referred tbe delinquent tax list, report tbat they have found tbe same correct and recommend thai Aye per cent, be added te the amount of taxes remaining unpaid. Adopted. There being no further business, Mr.

Workman moved tbat the present Council adjourn tine die. Mr. Green moved that a vote of thanks be returned to the retiring members for the conscientious manner in which tbey have discharged the duties that devolved upon tbem. Adopted. On motion, a vote of thanks was tendered to Mr.

Lawlor, President, for the fair aud Impartial rulings made by him In the discharge of his onerous duties. Adopted. Mr. Lawlor, on vacating the Chair, made a short and feellug speech in -which be thanked tbe Council for the very kind and considerate manner in which it had at all times submitted to bis rulings and for the courtesy with whloh all his suggestions had been received. Adjourned.

On motlou, Mr. Morau was appointed temporary Chairman. The members elect were then introduced and took their seats, as follows: First Ward, J. G. Bower; Second Ward, Jose Mascarel, M.

Teed; Third Ward, Geo. Gephard; Fourth Ward, B. Colin, B. Chandler; Fifth Ward, W. S.

Maore. The roll of THE NEW COUNCIL Was then called as follows: Baudiet, Bliss, Gephard, Green, Kubrts, McDonald, Mascarel, Monroe, Moore, Spence, Teed. On motion, Council then went into an election for President. Mr. Kuhrts nominated Mr.

E. F. Spenee. Mr. Green nominated Mr.

W. N. Mouroe. Mr. Mouroa nominated Mr.

Green. Mr. Moorv nominated Mr. J. Moran, Mr.

Morau declined. Ou motion, nominations closed. Messrs. Moran and Moore were appointed tellers. On the first ballot Mr.

Spenoe received 11 votes and Mr. Monroe 4. On motion of Mr. Monroe, Mr. Spence was declared tbe unanimous choice for President of Council.

Mr. Spence was conducted to the chair by Mr. Moran. After returning thanks for the honor conferred in a most feeling manner, he adverted to the future of Los Angeles city, which, iv view of its location, is destined to a very brilliant future. Mr.

Gephard stated that before proceeding to tbe election of the several officers of tbe city it would be but just to lis the salary of each, and offered the following resolution. Resolved, That the salaries for tbe ensuing year shall be estal)-lisbed by tbe Council for the officers herein named per month as follows: Auditor and ex-offiolo Clerk of tbe Connoil, $125; Chief of Police, $115; City Surveyor, $100; Zanjero, from April to December $90, from December to April $70; Overseer of chain Health Officer, $70; Policemen on foot, $75; Policemen mounted, $85. Mr. Green moved that Council now proceed to fx the salaries of all officers not fixed by the charter. Adopted.

Mr. Gephard's resolution was then adopted seriatim, and the City Attorney was instructed to draw up the proper resolution. Mr. Gephard offered a resolution requiring all officers elected by this Council to furnish their own horse or team, where such are necessary, at their own expense, unless otherwise ordered by Council. Mr.

Monroe moved that Council now proceed to the election of city officers. Adopted. The first in order being City Auditor, Mr. Moran nominated Mr. W.

W. Robinson, present incumbent. Mr. Moore nominated W. H.

H. Russell. On motion nominations closed. Messrs. Green aud Chandler were appointed tellers.

Mr. Robinson received 8 votes, Mr. Russell 6 and Mr. Caswell 1. Mr.

Robinson was tben declared City Auditor and bis election was made unanimous. CHIEF OF POLICE "Being the next officer to be elected, Mr. Green nominated S. H. Buchanan.

Mr. Cohn nominated George E. Gard. Mr.Bliss nominated Henry King. Nominations closed.

Tbe first ballot resulted: King 6, Gard 6, Buchanan t. Seoend 5, Gard 6, Buobaoan 4. Third Gard 7, Buchanan 3. Fourth 3, Gard 7, Buchanan 6. Fifth 3, Gard 8, Buchanan 4.

Some dispute having arisen over tbe count of the votes, a new ballot was ordered, whloh resulted: Gard 9, King 3, Bushanan 3. Mr. Gard having received a majority of the votes oast was declared duly elected. CITY SURVEYOR. Mr.

Bliss nominated John E. Jackson. Mr. Green nominated George E. Hansen.

Nominations closed. Mr. Jackson having received a majority, was declared elected. XANJERO. Mr.

Bliss nominated S. A. Francis, present incumbent. Mr. Teed nominated John Osborne.

Mr. Cohn nominated Cristoval Aguilar. Mr. Moore nominated Chas. W.

Jenkins. First ballot-Francis 7, Jenkins 7, Aguilar 1. On the sesond ballot Mr. Franoia received 9 votes and was declared duly elected. OVERSEER OF THE CHAIN QANQ, Mr.

Kubrts nominated J. O. Sullivan, present Incumbent. Mr. Cohn nominated J.

Cummiogs. Mr. Gephard nominated C. W. Davis.

Mr. Cohn nomiuated G. A. Bunob. Mr.

Bliss nominated C.L.White. On the third ballot Mr. Sullivan received a majority and was declared elected. The election of city officers having bsen completed the annual MEBSAOE OF THI MAYOR Was read. It opens with a statement of tbe financial condition of tbe city.

Tbe bonded indebtedness amounts to $293,000, $115,000 of which has been issued during the past four years for irrigation Improvements, During the past year tbe funded debt bas been reduced $5000. The Mayor then disousses other matters relating to tbe condition of tbe city, congratulates the oitlzens on our freedom from diseases of all kinds; condemns tbe miserable conditiou of our streets and recommends improvement-; recommends tbe adoption of a license system by which the number of drinking bouses may be decreased and suggests as a means to this end the increaaing of the license tax to 1125 per month. Tbe message abouads In good suggestions on many subjects, which tbe crowded state of our columns will not permit us to touoh upon. Adjourned till Thursday at 7 p. x.

THE ARCADE, FOR THE HOLIDAYS! THE MOST COMPLETE AND LARGEST STOCK OF GENTS' FURNISHING GOODS EVER EXHIBITED IN LOS ANGELES. Assortment, Quality and Price Will Our SHIRTS are acknowledged by all who bave tbem to be the best, lower In price, superior sfifl mWr in quality, perfect in regard to fit. Our stock is now Qifl RU complete, aud satisfaction guaranteed. SHIRTS MADE TO ORDER. Our stock or UNDERWEAR and NIA FLANNELS, made up iuto Shirts and Ypsw Drawers, manufactured by ourselves, enables us to sell to our customers honest goods at LOWER PRICES than they ever bought ibem before.

A magnificent assortment of SILK HAND- KERCHIEFS, Gent's Neckwear, Gloves, Buttons, Studs, Scarf-Plus, Silk Umbrellas, aod staple novelties, imported directly by ourselves, FOR THE HOLIDAYS, at SIBGrESXi'S, CORNER MAIN AND COMMERCIAL STS. "'-f BEST IIV THE WORLD. PERMANENT BRANCH; 148 MAIN BT. JOHN JLfgetxt. NEW ADVERTISEMENTS.

FOR THE HOLIDAYS! The Largest, Cheapest and Nobbiest Stook of day Goods has Just been received by tho CITY OF 17 19 Spring- COMPRISING FULL LINES OF Ladies' Cloaks, Children's Cloaks, Dolmans, Burnous, Heding-otes, eto, Bar Special attention ie called to our elegant Fox and Cblndallfc fur-trimmed BURNOUS, Sarah Bernhardt," "Ristorl;" alio, Plain and Brocade Silk Parasols, Brocade Silk Handkerchiefs, Plain Silk Handkerchiefs, Ladies' Silk Scarfs, Ladies' Lace Scarfs, Gent's Silk and Satin Ties, Gents' Silk and Satin Scarfs. Also, the Latest Slyles in Men's, Youths' and Boys' Cassimere and Cheviot Suits, Overcoats, Ulsters and Ulsterettes. Also, a very attractive stook of CENTS' FURNISHING GOODS. Alio. variety of Fancy Articles, Suitable for Christmas and New Year Presents, of wliioli is offered at Extremely Reasonable Prices.

inspection of our stock is respectfully-solicited, NOTICE. For tbe accommodation of our customers our store will remain opajSJ) every evening up to 9 o'clock until Christmas. EUGENE MEYER CO. ASTOSBHINfi'EVIRYBOIII I HAVE JUST RECEIVED AN IMMENSE STOCK OF CLOTHINQ- Direct fronTNew York, which I offer from now until after New Year at such LOW PRICES as will astonish the closest buyer. My stook comprises a full assortment of Beaver, Chinchilla, Cassimere and Diagonal Overcoats, Ulsters and Ulsterets.

FOR MEN, YOUTHS AND BOYS. Oermaniaand Caster Beaver Suits, Fancy Cassimere Suits, French and English Diagonal' Suits, Business and Traveling Suits. ALSO, A FULL LINE OF DIA-RUBBER GOODS, OVERALLS, Blanket-Lined Duck Goods, and SHOES. Also, a large assortment of HATS AUNT ID CAPS, For Men, Youths and Children; also, Trunks, Valises, Umbrellas, California and Eastern Blankets. The Largest Assortment In Cents' Furnishing Good's and Neckwear ever brought here.

These goods were bought for cash at the lowest Eastern prices, which enables me to sell for tbe same price that other merchants have to who buy their goods I San Francisco. Call and be convinced at tho Progress Store, No. 120 MAIN STREET, CARDONA BLOCK. H. SUSSKIND.

I DOLLAR STORE. CHRISTMAS PRESENTS In Great VARIETY at LOW PRICES A LARGE HEW STOCK OV Toys, Dolls, Games, Albums, Velvet Frames), Silverware, Jewelry, Notions, etc. you want a. PRESENT of My uwefUl or othorvrlaje, you oaua find at tbe DOLLAR STORE. oall and examine.

Respectfully, Stum V. J. CrlXaUaCOam.