Los Angeles Herald from Los Angeles, California • 5

THE CITY Etrangerj are Invited lo visit the exhibit of California products at Chamber of Commtrea building, on Broadway, between First and Second streets, where free information will be given -n all subjects pertaining to tkls section. Tha Herald will pay HO In cash to anyone furnishing evidence that will lead to the arreit and conviction o( any caught steallne piitroni? THE HERALD. Phillips to Speak Wiley J. Phillips will address the Sixth ward Prohibition club tonight. Has No License; Fined For selling fruit without a license David Monloof was sentenced to pay a $10 fine by Justice Summerfleld yesterday.

Held on Suspicion James Noble, said by the police to be a box car tourist, was arrested in the Southern Pacific yards by Detective Pautz last night. Noble is booked at the station on suspicion. Will Not Exhibit Dead Cat Mrs. J. C.

Girton feels indignant at the report in a morning paper Sunday to the effect that she will exhibit "Robin Adair" in the Los Angeles cat show. "Robin Adair" has been dead for six months. Man Arrested A. M. Kuiz, charged with carrying concealed weapons, was arrested by Patrolman Pfuhler on Downey avenue early last night.

Ruiz was carrying a revolver and the glint of the steel in his pocket attracted the attention of the officer. Charged with Cruelty, Asks Trial Jury trial was demanded yesterday by Theodon Moskovitch, charged with cruelly beating and mutilating a dog, when he was arraigned before Justice Summer- Held. The dog belonged to Mrs. W. N.

Howe. His case was set for December 20. Accused of Horse Stealing i Felix Ward, charged with stealing a horse from two Chinese, was arraigned yesterday before Justice E. E. Selph and date for his trial was set for Saturday, December 14.

Bail was fixed at $1500, in default of which Ward was returned to jail. Threw Rock; Pays $20 C. J. Fleming, who In anger hurled a rock through the window of a San Pedro car, was fined $20 by Justice Summerfleld yesterday. Fleming and several companions were returning from San Pedro and got into a quarrel with the conductor because they insisted on smoking.

Body to Be Taken East George Washington Horton, who has resided here the past five years, passed away late Sunday night at his home, 345 North Union avenue. The funeral will be held tomorrow afternoon at 2 o'clock at the chapel of the Connell undertaking firm, Rev. Will Knighten officiating. Tho body will be taken to the old home In Hannibal, for Interment, accompanied by Mrs. Horton.

CITY BRIEFS Madame Blair, 1019 South Hill street, will make your tailored gowns (without drop) for $20. Phone FCII2. Assaying night school. Now time for reduced rates, etc. 318 kast First street.

Wade Wade. LOS ANGELES HERALD: TUESDAY MORNING, DECEMBER 10, 1907. FAMILY QUARREL LEADS TO SHOOTING MEXICAN RECEIVES BULLET IN HIS LEG Hack Driver Captures Would-Be Murderer and Holds Him Until Police Arrive Crowd Is Threatening Tomasio Rubalcava, a Mexican, wan shot in the left leg yesterday near hla home at Buena Vista and Ord streets by Juan Zuniga, another Mexican. Rubalcava was taken to tho receiving hospital, where it was found his injury was not serious. Zuniga was taken to jail at the same time.

The trouble between the two men grew out of a family quarrel somo time ago. and this was aggravated when Rubalcava swore to a complaint charging Zuniga with disturbing the peace. Yesterday the two men met near Rubalcava's home, and after some hot words Zuniga drew a revolver and fired two shots. Rubalcava fell and Zuniga picked up some large stones, with the evident intention, according to bystanders, of attacking the fallen man with them. Frightened at the attitude of the crowd, Zunlga run down Bucna Vista street for half a block.

He was captured by L. Holden, driver of a hack, who held him until the police arrived. JAIL BUILT FOR 125 PRISONERS CONTAINS 294 Larger Accommodations a Necessity, Declare Police Officials Number of Inmates Greatest in Its History As a result of the activity of the police in rounding irp vagrants and drunks the city jail yesterday morning housed more prisoners than at any other time in Its history. With accommodations for 125, there was crowded into the jail 294 prisoners, and small cells built to l.old two men contained six. Becauso oi the crowded conditions the prisoners slept little, and the man who looked for a night's lodging at the police station could find no place to lay his head.

In the afternoon a number of prisoners were taken out and told to leave the city. In the upppr part of the jail there wire 18 prisoners. This floor Is reserved for persons charged with misdemeanors. In the lower part, where those charged with drunkenness are held, there wore 116; twelve in the felony cells, thirteen in the woman's compartment, thirty-four trusties r.nd a lodger. The necessity for larger accommodations for prisoners, said police officials yesterday, becomes daily more apparent.

ANDERSON TO REMAIN WITH WORKS BOARD MAYOR CONSIDERS NEW POST AS PROMOTION HEWITT BAY 3 CHARTER AQAINBT COMMISSION Declarer: Harper Has No Authority to Appoint Aqueduct Body Says He Will Name Llewellyn to Water Board If President James A. Anderson wants to remain on the board of public works Mayor A. C. Harper will reappolnt him. The mayor said so ye3terday afternoon, and In ueflnlng his position declared that he had hoped to place Mr.

Anderson on the proposed advisory commission to have charge of the construction of the Owens river aqueduct. This new offlcu he regarded as a promotion with greater glory and responsibilities than service on the board of public works. in the same breath the mayor declared thnt he had no Idea of building up a political machine, did not want to bo mayor again or governor and was content after making a good executive to return to hla business life. "Some months ago," said Mayor Harper, "in attending the sessions of the aqueduct board 1 made up my mind that there should be a change that the best men we could find should give their entire time to this great engineering work with Its thousands of employes and vast Interests. Wanted Good Man "The responsibilities are such that I wanted a man such as President Anderson to take up the work unfettered by the endless details of the board of public works, with men like Gen.

Chaflee and Chief Engineer Mulholland in the trio. "I had hoped and still hope that It will be possible to create a supreme body to carry out this work independently. "It was the sense of the water board that such a body should be formed and that the three men 1 have In mind should compose this commission. "It was Mr. Mulholland's desire, too, that Mr.

Anderson should be more closely associated in the enterprise. "As I understood it, Mr. Anderson preferred to take up this work, but if it Is not so and he prefers to remain on the board of public works I shall reappolnt him and put another man in the other place. "There is no political movement to oust Anderson and put Chief Kern in his place. Mulholland will stay in the water department.

"Premature publications have forced my hand and I do not hesitate in saying that I have about concluded to nominate Reese Llewellyn on the water board to take Fred Baker's place when it expires. Regarded as Promotion "In forming the, aqueduct commission I regarded it as a step forward for the great work and for the incumbents. Mr. Anderson is my friend and has treated me with great courtesy and he can take either place, as I have said. "I had intended to keep him in the position where he has done so well, until recently, as I stated when I began attending the aqueduct board meetings." During the day City Attorney Leslie R.

Hewitt handed to the mayor his written opinion that the commission such as the mayor had in mind could not legally be created. The opinion Is as follows: Hewitt Gives Opinion LOS ANGELES, Dec. 9, 1907. Hon. A.

C. Harper, Mayor of the City of Los Angeles: Dear Sir In reply to your inquiry whether it Would be competent to provide by ordinance or otherwise for a special advisory commission to act either Independently or in conjunction with the board of public works In the construction of the Owens river aqueduct, I beg to advise you that in my opinion provision for such a commission cannot legally be made. In view of the importance of the question I deem it proper to state the grounds upon which this conclusion is based. The department of public works of this city was created by an amendment to the city charter, approved by the legislature February 5, 1905, and was placed under the management and control of a board of three commissioners, designated as the board of public works. The members of the board are officers of the municipality and their powers and duties are fully set forth in article xlv of the charter, which constitutes the amendment to which I have referred.

In the matter of the organization of the department of public works the charter makes complete provision, and the board Is authorized to appoint its secretary, to appoint and employ the city engineer and to appoint one of Its own members as Inspector of public works. In addition to these officers named in the charter the board has power "to appoint and employ, subject to civil service regulations, such superintendents, inspectors, clerks and employes as the city council shall by ordinance from time to time prescribe." I refer to this for the purpose of showing that the charter establishes the complete organization of the department of public works, and declares by what officers and assistants the operations over which the board has jurisdiction ehall be carried on. Duties of Board In the next place, the board of public works has charge, superintendence and control "of the design, construction, alteration, repair, maintenance and care of all public works' and Improvements," and has the power, subject to special limitations contained In the charter, to let all contracts for the performance or furnishing of labor, materials or supplies required for the execution of any eervlce of which the board has such charge, superintendence or control. The charter has placed the construction of public Improvements exclusively In the hands of the board of public works, as at present constituted. Its powers are defined therein, and the board can only employ such subordinate officers to assist It in the discharge of its duties as the charter designates or makes provision for.

It Is true that the city, by Its city council, has power "to create offices and provide for the election or appointment of officers other than those established by this charter, or by the general law, whenever the public convenience may require the same, and prescribe their duties and fix their compensation." But this power 1b llmted by an Important and positive qualification to the effect that "this shall not be construed to authorize the creation of new offices and the appointment of other officers to perform the duties by this charter assigned to the officers provided for herein other than the necessary deputies and assistants to the officers of said city." I am of the opinion that the limitation contained In the section just quoted must be given a broad construction, consistent with its spirit and evident intent, and that It also prohibits MAYOR A. C. HARPER the creation of new offices and the appointment of other officers, to perform any part of the duties assigned by the charter to officers provided for therein. If this were not so, the limitation upon the power to create new offices could be easily evaded, if not rendered wholly nugatory, by the simple process of distributing or dividing up the duties of a charter officer or board and assigning them to one or more additional officers created by ordinance only. It would seem to me that the same principle would apply to the appointment of persons to offices created by ordinance, to advise or co-operate with a charter officer or board, In the performance of duties which the charter has assigned to such officer or board, or to share in the performance of such duties in any capacity other than the charter itself contemplates.

The charter provides for the appointment of the necessary deputies and assistants of officers and recognizes the employment of persons engaged to render professional, scientific, technical or expert services of an occasional and exceptional character, but the provision for such appointment or emplqyment cannot, In my opinion, be construed to warrant the appointment of such a body or board as the proposed aqueduct commission. Not Confined to Charter In considering the functions of the board of public works, however, as affecting the creation of the proposed aqueduct commission, we are not confined solely to the city charter. The bonds from the proceeds of the sale of which the Owens river aqueduct must be built were voted under a statute of the state providing how and for what public purposes bonds might be issued and sold and by whom and in what manner the moneys derived therefrom shall be expended. This statute provides that such moneys shall be applied exclusively to the acquisition or construction of the Improvement proposed, that all contracts for the work shall be let by the board of public works and that the board shall appoint all needful "agents, superintendents and engineers to properly look after the construction and operation" of such public works. The statute and the charter are therefore In complete accord In defining the functions of the board of public works, certainly as to public improvements to be constructed with moneys derived from the sale of bonds.

If the sole power to make contracts, employ agents, superintendents and engineers and to expend public moneys derived from the sale of bonds Is vested In the board of public works, I think no other conclusion Is possible than that the board itself, if it requires professional or technical assistance upon any work or Improvement over which it has charge may provide for the same at its own discretion, but not by the action of any other authority. If, then, It is contemplated that the proposed aqueduct commission shall have charge of or share with the board public works the construction of the aqueduct, the difficulty is encountered that under the charter the supervision and control of the work and of the expenditures thereon Is vested exclusively In the board of public works, and such power cannot be diverted by ordinance or otherwise. The same difficulty exists If it is contemplated that such commission shall act, as a legally constituted body, in an advisory capacity to the board of public works. As I have said, the board is authorized by law to select or appoint such assistants, engineers or agents as may be necessary in or about the construction of public work, but this authority cannot be transferred In whole or In part, by ordinance or otherwise, to any other officer, board or commission. The board of public works cannot Itself delegate or impart any of its powers or duties to any other officer or board, and therefore it follows that an advisory commission would be a body wholly without legal sanction, and even If appointed would be without any voice or authority recognized by law.

Object of Commission As I undrestand It, the object of the aqueduct commission would be to create a permanent body; that Is. permanent so far as the construction of the aqueduct Is concerned, which would assist the board of public works in the construction thereof, counsel with it at least, whenever required, and share with It, In some responsible manner the control of the work and the disposition of the aqueduct funds. The Idea conveyed by the use of the words "aqueduct commission" seems necessarily to Imply such a mean- Ing, but the principle Involved is substantially the same, even If it be designed that the commission shall merely act In an advisory capacity. I do not think that the law or the charter, when they authorize the appointment of assistants, agents, engineers, or recognize the employment of persons to perform professional services, or work of technical or scientific character, can be held to contemplate the regular employment or appointment of a body or board of duly or legally constituted advisers. When the law provides that a certain duty shall be performed by a certain person or board, such person or board must perform It without assistants other than such as the law authorizes by express terms or necessary implication.

My conclusion is that the creation and appointment of an aqueduct commission, as proposed, is not possible under the law, and I therefore so advise you. Respectfully submitted, LESLIE R. HEWITT, City Attorney. Two Killed by Drunken Man By Associated PreSs. STOCKTON, Dec.

being ejected from Richard Cousin's saloon at Waterford, Stanislaus county, Sunday night because he was intoxicated and boisterous Roscoe Bradley, a ranch hand, returned armed and began shooting. The first bullet struck Joe Little, a painter, killing him instantly. Cousins received a mortal wound and died in half an hour. Bradley gave himself up. and was taken to the Modesto jail.

Open Every Night Till Xmas You can buy Instruments enough for the whole family at nominal price. Everything goes at COST OR LESS, for after Jan. 1. 1908, we will sell pianos only. All popular sheet music 10c.

MUSIC 131-253-235 8. opp. city hall. ACCUSE TRIO OF SWINDLING MAN WOMAN ACTS AS "COME.ON," SAY DETECTIVES Horse Traders Arrested, Charged with Switching Team on Purchaser. Are Held Under Heavy Bonds Mrs.

Daisy Cook, Fred Stringer and A. G. Vail, horse dealers living at 1311 North Main street, were arrested last night charged with grand larceny in connection with a horse trade. Mrs. Cook was released under $1000 cash bail, deposited by her friends.

The complaint against the men and woman was sworn to by A. G. Nave of 122 South Avenue Nineteen, the victim of the alleged swindle. The arrests were made by Detectives Chapman and Home after a cereful investigation. According to the story told the police by Nave, Jfrs.

Cook represented herself to be the owner of a fine team of black horses. Tluse she offered to dispose of to him for $125. Yesterday afternoon Nave went to her home, inspected the horses carefully and decided to make the purchase. "I paid ti money to Mrs. Cook and went to the house with her so she could 5 make out he bin of sale," said Nave last night.

"While we were inside someone 'switched' the team and put two old black plugs In their places. "Vail hurried from the place with the team I had purchased and took them to some distant part of the city. "When I came out of the house and saw the team which was standing there, I Insisted the horses 1 had purchased be brought back. Mrs. Cook, Vail and Stringer, all of whom were present, tried to convince me it was the team I had purchase, despite my knowledge to the contrary.

I threatened to have them arrested unless the right team was produced or my money refunded. They refused to do either and I left without the horses." According to the detectives who Investigated the case, frequent complaint! have been received about the horse traders, and they have been mixed up in similar deals of this nature In tho past. Blacksmith Kills Himself By Associated Press. STOCKTON, Dec. Samuel Weimer, a blacksmith, committed suiciue this afternoon in his shop near the San Joaquin bridge, south of Stockton, by shooting himself twice in the breast with a revolver.

He leaves a sister in San Francisco. flffusical Let this bo a Musical Christ- Vl maa llnve rnuslc ln your II home for the entertaining. yjUli It Consider musical instruments Wfc Sfl Our stock offers many sug- Vf JJKpftrj Bestlons: Stelnway, Kranlch sfifl I i ll'ifh, Sohmer, Kurtzmann, i K. m. II and other pianos, priced from 1 upwards, nccordlng to i I make.

Self-playing pianos, 1 I i including the the Farrand, the Ceclllan and the Baus at $550 and Victor Talking Machines, $10 to $200: Edison Phonographs. $12.50 to $126. Both kinds of records. Music Cabinets, Record Cabinets, Man- dolins, Guitars, Violins, Banjos, etc. Terms If desired.

Geo. J. 'BirKet Co. Stelnnay, Cecillan and Victor 545-547 South Spring Street RESTAURANTS JhiOTEL WAYWARD CAFE I II Open 6 1.10 n. in.

until Bp. m. MUSIC DURING DINNER. A. mnnnger.

Late assistant mgr. Tate's cafe. San Francisco. Little PA 11 si Restaurant Bau f. man It Ip lust as well for all who want to hear the best music and get the best to HI Ci Iff eat that can be had In any restaurant to bear in mind that twyN CAFE IISJi Everything to please the ri'lTw laM most fastidious excellent 1 M.J ML menu and good service.

En- Is at northwesi corner Third and Main. Ml man basement Fourth Hell- Is at northwest corner Third and Mam. man building. Fourth and Broad entrances on both streets. Spring streets.

SANTA CA TAUNA ISLAND; STEAMER CA8R1LL0 CAPACITY 900 STEAMER CAPACITY 475 Daily service from San Pedro. Extra trips Saturday evenings. The only lino operating steamers between the mainland and Catailna Island. We do not operate gasoline boats. Wonderful Marine Gardens Greatest Fishing Known Mfiropole January 1 next Good restaurants and hotels at Avalon For furnished cottages see Manager Van Landingham, office avenue' Avalon.

The company reserves the right to change the steamers 2nd time of sailing without notice. Banning Pacific Electric Phono. Main 86: F3036. PACIFIC MAIL S. S.

CO. For Honolulu. Japan CHINA, MANILA INDIA AND AROUND THE WORLD aimers Manchuria, Mongolia. Korea, Siberia and China, now In service, being the largest vessels "ailing from the United States for the orient via Honolulu. from San Francisco Dec.

10, 17, 24, 31; Jan. 7, 14, 21, 80; Feb. 11, 25j March 3, 10, 17. 24, 31) April 7. 14, 25, May 8, 10, 26.

For literature appaly to T. A. GRAHAM, agent, 600 South Spring street, corner Sixth. Also agent for all Transatlantic steamship linen. a US' HOT MllllUll BATHS.

Warn plunge. 1-t A II IK IH hot tub oaths, special treatments. Eastlake. Dow- JLljri ney avenue or Paitadena Short Line cars. One HARNESS 31SN 3 9 SADDLERY To Make Room for Pianos We will at ONCE sell.

every small musi- cal instrument, every music book, every sheet of music, every string and every- thing amounting to over worth AT COST OR LESS. BAHTLETT JUUSIO CO, 231-233-235 S. Broadway, opp, i city WHY NOT GIVE FURNITURE? If A Christmas gift should be something that will be in constant use an article that will last for years. What could be better than a piece of furniture chair, a bookcase, a music cabinet or a couch? Think it over. Don't buy gifts until you have seen what we have to offer.

If you are short of cash don't let that i bother you. Our credit system is yours to use. f- Magazine Rack, SSS3? jgfj? thApt ran I Magazine rack 80lld oak ln weathered (luartered and I ll ll bullt genuine leath- JO I ii 1 very roomy. VI er and full box I- Olallu ft Ing stand with French flsx Uflffllili j' a iffe New Roman seat In quartered mirror and an a A golden oak or mahogany. Very fi brass deco- LOUCII $0.75 highly polished, well built.

Just -M rated base. Full size couch upholstered In velour, tufted like cut. Makes a handsome gift. SL Regularly Full size couch upholstered in velour, tufted $10.00, now or smooth, spring bottom. Regular Regularly $5.00, Christmas spec- $5.75.

Special at $6.75. lal $2.95. $7.50 Music $10.00 Morris Chair 4- r' i ml VfiDlnCl Morris chair of golden oak. JjJ. RjuN TSSSSSSStfU Choice of several cushion colors; fly decorated front.

Patent adjust- BU -W 'WfflfflwMA able back Regularly jS i 10 00 Chrlstmas Bpec I ll Music cabinet In mahog- Morrls chair of golden oak. music cabinet for a gift? for holiday Belling. tSuK FtfVr EASTERN OUTFITTING CO. 0100 10 26 South Main Street Time, Patience Save Your YOU WANT A PIANO KNABE GOOD ONE FOR THE MONEY BEEN WAITING FOR IT FISCHER LOT WATCHED ALL THE PAPERS ETC. OF LISTENED TO FUNNY STORIES LOOKED A GOOD DEAL makes Prlcu nos few Pianos (50) Jit Any Price Come SOMETIMES KEENEST HUNTER Toda FINDS THE LEAST GAME 1 oaa SEES MORE STANDING STILL CHANCES PRESENT THEMSELVES LIKE OUR CLOSING-OUT SALE Don THIS IS YOUR BEST CHANCE Delay $156.00, $167.00, $190.00, $238.00, i $267.00, $288.00 GET AROUND TO IT QUICK Pacific Music Co.

OPEN EVENINGS. 620-622 SOUTH BROAD WAYi; $2 tor $1 For every dollar paid as first payment up to $50 on -ny new piano we will give a receipt for twice the amount during our great MONEY BACK sale now going on. Prices $167. $209, J2S2, $338, "1377. $429, etc.

BAHTLETT MUSIC CO, 231-235-235 S. Broadway. Oi-p. city.