Oakland Tribune from Oakland, California on January 3, 1905 · Page 14
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Oakland Tribune from Oakland, California · Page 14

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Tuesday, January 3, 1905
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3 14 TUESDAY EVENING THE TRIBUNE IS THE ONLY ASSOCIATED PRESS DAILY QHWKE EASTESK SHORE OF SA fRftliClSCO BAY :january.-a; fiOVERNOR. 'PARDEE SEEKS TO PR ; ' THE ' OAKLAND" WATERS FRONT. Fred ft g 1 Secures the Opinion of the Attorney General As to the Right of the Railroads to Occupy -Certain Tide Lands. A Handsome Umbrella Given With Every Order Placed This Week OTECT T - - , ' ; w Year's liitroductory Sale - .'- ,' ;-. 'f. : '' , l SACRAMENTO, January 8. Attorney General Webb ha? sent tlie following opinion to the; Governor: "Hon. George C. Pardee, Governor of the State of California, Sacramento, California Dear Sir: In a lettec re ceived from you some time ago, you present the following questions: ' " '1. Do the provisions of Chap. V., Title VI, Part III of the Political Code regulate the construction by ; railroad works upon swamp, tide, or overflowed lands belonging to the State or lands covered by navigab'e waters within the corporate limits of a town or city. jOr within three mites thereof,; or con trol tne acquisition by sucn corporations of rights of , -way o such works tover State lands Within the limits aforesaid. If not, by what means, if any, may a railroad corporation acquire the right of way for the location, construction and maintenance of road- fchy terminal - facilities, over swamp, overflowed or other public lands of the ptate' where the same are within the Corporate ilimits of a town or 'city, or within thrfee miles thereof? ."'2.' If there is provided a procedure pvhereby the right of way for the location of such improvements within the ' Jlmits of an incorporated town or city tan be, legally acquired, what are the limits to the-area which may be" occupied for such purpose? 7 "3. Assuming that such rights of uray may be acquired find occupied for the construction of improvements, what the railroad company would hold, the land? ' T "'4. ' In Oakland vs.'the Oakland Water Front Company, 118 Cal.. .the Supreme Court of this State, following a decision renuerod by tne supreme Court of the United States, intimates that 'the-State may 'alienate irrevocably, parcels of its submerged lands of reasonable extent for the erection of flocks, piers, and other aids to com-; amerce' (118 Cal. p. 183.) Have the: courts anywhere laid down any rulei twhereby ' if may be 'determined what would be 'reasonable extent' In this connection? And in this connection w'nat is the status of land inside said corporate limits originally -below the line of low tide but now uncovered by recession of the tide 'ii account of being filled in by dredjlng operations? t" '5. If a railroad company, or other corporation, or a private individual fthnulri occunv illeeallv swamn or over flowed land or land under navigable waters, the same belonging to the State and being situated within incorporated f.lty or within three miles thereof, what egal remedy vould the State possess , Subsequent to this communication you submit a mass of correspondence which shows that your questions have particular reference to Oakland Har bon ' 1 OAKLAND'S BOUNDARY. "In 1897 the Supreme Court of this State rendered a decision that the boundary of the town of Oakland extended to the lne of low fide. I quote from said case.:(OakIand vs; Oakland Tn tnr Prrtnt rirv rvi-n tr 110 Pol Ifitt as follows: " 'Tie result of this discussion may be briefly summed up as follows: The boundary of the town of Oakland, as defined by the act of May 4, 1852, commencing, at the Intersection of, the northeast , line! with the line of low-tide on the eastern side of the northern branch of the Estuary, roilows tne lins of low tide or? said , branch to the mouth of the eastern basin, crosses aid mouth anid continues along the line of low tide onjthe southern side of the Estuary to its mouth In the bay, and thence follow the line of low tide northerly and (easterly till it intersects t-the northeastern boundary line,-as to . thejocation of which there seems to be 1J0 dispute.' The grant to Oakland was of the lands lying between high-water mark and ship channel, within these .'boundaries, - and. therefore included ' .nothing, west of the line of low tide on the pay front, and nothing beyond ihe line of low tide on the north and west shore of the Kstuary."- '"In the original act Incorporating the town of Oakland,, (Stats. 1852. p. '181) the corporate powers and duties Of said town were vested in a board cf five trustees, and by Section 3 it was v enacted as follows: , " The Board of Trustees shall have .power to make. such by-laws and ordinances as they may deem proper and . necessary ; to regulate, improve. sell,-or otherwise dispose of the common prop- erty; to prevent and extinguish fires; . to lay out, make, opera, widen, regulate and keep in repair all streets, ""Toads, 'bridges, ferries, public places and 'grounds, wharves, docks, piers, slips; sewers, wells, and alleys, and to author-? .ie the construction of the same; and ."With a view to facilitate the construe- tlon of wharves and other lmprove-j tnents. the lands lying -within the,iTrh4 " "Its- aforesaid, between high tide and .ship channel, are hereby granted and released to said town; provided, that Said lands shall be retained by said town as common property, or disposed Of for the purposes aforesaid; to reg-t "gulate and collect wharfage and dockage; to secure the health, cleanliness, ornament, peace; and good order of aid town; t6 organise and support C8m-mon schools; to license and suppress dramshops. horseracing. gambling houses and houses of Ill-fame, and all Indecent or Immoral practices, shows, and amusements; Xb regulate the location of slaughterhouses, stables, "and places for the storage of gunpowder,; and to pass such othof laws and ordinances as. In their opinion, , the order J ' good government and general welfare - Of the town may require.' ; , i - POWERS NOT ENLARGED. By the Act of 134 (Stats. 1854, p. 181.) reincorporating the town of Oak- land as the City rf Oakland, these: powers were not enlarged. ji -Through these acts there-was grant-! ed' by the Legislature to the city of, Oakland the right to construct wharves, piers, etc., upon the water front, extending outward to low tldej Later the City of Oakland, seemingly construing these acts as amounting toj a grant, " thereafter conveyed, or kU ; tempted to convey, the water front to one Carpentier, through whom the Oakland Water Front Company derives title. Though the grant to .Carpentier was, at t-e time It -was made. In excess of the powers of the city and In excess of the interest which the city held, yet ' this grant was approved and confirmed, by act of the Legislature of March- 21. 1868. aftd by the action of the city taken thereunder April 2, 1868. The act of , March 21, 18,68, under which the action of the city df Aprjl 2, 1868, was taken, is as follows: "Section 1. The Council of the City of Oakland, with the concurrence of the Mayor of said city, is hereby authorized and empowered to compromise, settle, and adjust any and all claims, demands, controversies, . and causes of action in which the said city is interested. "Sec. 2. This act shall take effect immediately.' "In- reference to the effect of. this act' and of the compromise agreement entered into thereunder, the court, at page 201, say: " " 'The conclusion, I think, necessarily follows that from and after the second day of April, 186,8, thety of Oakland ceased to be the owner;'aa trustee, or otherwise, of any portion of her water front except those portions secured to her by the compromise of that date, and such streets, thoroughfares, and other parcels as may have been previously dedicated to public use. ' THE DECISION. "In this decision the court holds that the city and its grantees had power to erect wharves, etc., only within the city's corporate limits, which' extended to low tide line. At page 189 of the opinion, it is said: " 'The corporation had no power to alienate tnese lands unless such power was conferred by the Legislature, and whether it was conferred or not is a question -pt legislative intent to be gathered Jfrom the terms of the statute construed with reference to its gen-eralrfcope and purpose. The purpose of the aJt was to create a municipal corporation compbsed of the inhabitants of a peninsula, surrounded on three sides by the navigable yaters of the bay of" San Francisco. Considering the extent of territory included within the corporate boundaries, it ip evident that a rapid growth of population was anticipated, and the situation of the town, wlfh relation to the surrounding country 'and the most important harbor on the coast, no -less than the express language of the title of the act, proves that none of the most important ends contemplated in the creation of the corporation was the improvement of commercial facilities by the erection of convenient wharves along its water front. " 'To parry this principal, and other minor, purposes into effect, the municipal corporation was created and in vested with a share of the sovereign political power to be exercised within the local boundaries.' J ! AREA OF GRANTS. "The area covered by these grants, as heretofore suggested, extended to low ti-e line. What territory this included, as far concerns the questions before us, may be ascertained from the map which accompanies the communicattofi transmitted to this office. Since these events the government of the United States has determined to improve Oakland harbor, and this it has authority to do with or without the consent of the State. ? "From the documents furnished this office by you it appears that the government has recently let-a contract for the deepening' of the channel of Oakland creek which is the entrance of Oakland harbor. , By referring to the map you will see that this entrance lies between what is called the north training wall and the south training wall, the latter running alongside of the Alameda mole. The contractor be gan the dredging of this channel. The contract required that material dredged from the channel be placed along the northern side of what is called the north training wall so as to strengthen it. Further, it was specified that a small bulkhead should be built at the west side of ; the north training at a point opposite the Alameda mole. This was to prevent the dredged material from working its way around thfe wall back into the creek. Instead of -constructing this email bulkhead and impounding all the material behind it, and along the northern side of the training wall, the contra ;tor started to run an additional bulkhead outside of, and .westward of, the one authorized. When asked why he did this he stated that he was doing it for some railroad company which intended building a bulkhead between, the northern jetty (north training wall) and the Oakland mole. The engineer of the United States In charge told the contractor that he would have to get permission from the War Department. , About November 10, 1903, permission came from the Secretary of War authorizing the contractor to build a bulkhead eight hundred feet long from the west end of the north training wall, extending toward the end of the Oakland mole. "I call your attention to the letters of Lieutenant-Colonel Heuer, the United States Engineer in .charge, which .you transmitted to this office. "I quote from his. letter of November 10. 1903, as follows: " 'That no material from any other locality shall be placed -behind said bulkhead until all the material which it is proposed to dredge In the approaches to the entrance to Oakland harbor to aTHepth of 20 feet below the level of low water (shown in shaded -red and black lines on the attached plans) shall have been first securely impounded behind said bulkhead and north of the north training wall. "You will note by looking at the map that all this new land formed by dredging, indicated by red lines, la outside the low tide line. TIDE LANDS. "Besides this feared encroachment, the new pier of the Santa Fe extends beyond t"-e low tide line, and the' moles of the Southern "Pacific are beyond the low tide line. "These seem to be the facts which evoked your letter. You will note that your first question relates to the ac quirement of rights of way over swamp, tide or overflowed land,s or upon navigable waters. It is possible you have overlooked the distinction between swamp lands, tide lands and: navigable waters. Swamp lands are not necessarily those which are continually covered and uncovered by the ebb and flow of the tide, and may be simply marsh lands. T j term "tide lands," as used in the decisions of this State, refer to the lands lying between high and low tide. The term "'navigable wasrs Is a changing term, and is taken to -mean generally the depth of water necessary for the purposes of commerce, baslaff In mind tfe paxtlcu lar local ty. It is not necessary for the determinatio.i of this case to ascertain where the point of n wigability is. OAKLAND' JURISDICTION. "Applying these principles of tide lands and navigable waters to Oakland, we find that her jurisdiction as an incorporated town extended over the tide lands; on her water front, and not over the rpst of the navigable waters. Afterwards all hep rights as far as -low tide line were confirmed by the Supreme Court in the Oakland Water Front Company case. The only State land lft is beyond this low tide line. "If we refer your first question to the situation: in Oakland, we find that the State ha? made a special grant of its waterfront to the city of Oakland as far asrlow tide line. The procedure for acquiring rights of way over State land dots not apply to her. There was a speciii. grant to the town of Oakland of -lands lying along her water front for ' the purposes ' of , constructing wharves and other improvements within thfese limits by the act of May 4, 1852 This grant was confirmed but notenlarged by the act of 1854 incor porating Oakland as a city. The Su- eme Court has since held that such rant extended only, to low tide line. The city could therefore grant a right of way for wharves and landing only to low tide line. . WATER FROfO" LINE. "Along the Oakland water front the line of low tide does. not necessarily coincide with the line. of navigable water. The Legislature granted to Oakland the authority - andj control over rights of way for wharves to the low tide line. I do not think that th-i latter section enlarges the authority, being a general law. CHICAGO CASE. ' 'We come now to the Chicago case which gives the authoritative utterance of the' Supreme Court of the United States in the matter. The facts in the Chicago Water Front case are anala-gous to the facts in the case which we fire discussing, because we are dealing with the lands under navlgaole waters beyond the low tide line and not with tide lands themselves. The principles, however, which apply to lands under navigable waters, are also applied to tide lands by the cases generally in this country. The confusion which followed the Chicago., case is somewhat cleared up by the note to People vs. Kirk, 58 Am. St. Rep.. 296. NEW CONSTITUTION. 'Of course the new Constitution of our State withdraws all tide lands within two miles of . corporate cities from sale to private parties. "The facts of the case of the Illinois Central Railroad vs. Illinois, the Chicago case referred to above, involved the grant of a strip of land along the lake front to the Illinois Central for the operation of its railroad: besides this strip the Illinois Central claimed title to submerged lands constituting the bed of the lake lying east of its tracks within the corporate limits of the city. "Suit was commenced by the Attorney-General of the State in the name of its people against the Illinois Cen- j tral-and -against the City of Chicago. Jjie object of tne information was to obtain a judicial determination of the title to the lands on the lake front claimed by the Illinois Central. 'As to the strip , of land along the lake front, the Supreme Court of the United States confirmed in. the Illinois Central the indefeasible right to use that as long as they used it for a railroad. But the railroad claimed lands in the bed of Lake Michigan, eastward for a mile .and taking in almost the whole lake front, by a grant of the Legislature. The court held this grant to be a mere license to the company for the improvement of the water front which could be revoked at any time. It was held that the company had no title whatever to these, lands. LEADING CASES. "I have quoted from these leading cases as giving a fair exposition of the law In this country , leiating to grants from the State to lands "under navigable waters. "Second Answering your second question, will say that the limits -to such uses in the several incorporated cities and towns may be ascertained only by consulting the organic act under which said city or town is incorporated; for example, see provisions of the charter of Oakland above referred to. ' "Third Answering your third ques-tino permit me to state that the United States courts seem to follow the courts of the different States in these propositions. It is the concensus of opinion that a private corporation may obtain title to a parcel of land for a right of way, to hold the same as long as it is -used for purposes which are quasi-public In their nature. The title would be subject to the sovereign rights of the State, exercised for purposes of commerce and navigation. The State at any time could take possession of tne strips wnen necessary for the improvement of the horbor. river or other navigable water ini which It was situate, upon making a fair compensation for the lawful improvements which have been made by the grantee under license contained In the grant. In this connection let me quote again from Chief Justice Beatty in Oakland Water Front Co. '"No grant of lands covered by navigable waters can be made which will impair the power of a subsequent legislature to regulate the enjoyment of the public rglrt. The grantee takes the mere proprietary Interest In the soil and holds it subject to the public easement, and, if his ownership of the soil stands in the way of public works necessary or likely , to become necessary for the Improvement of navigation and in aid of commerce, the grant may be revoked -upon the tender of a fair compensation for such lawful improvements as may have been made by the grantee.in pursuance of any ex-' press or implied license contained in the gTant.'" ' . . ! LIMITS OF AREA VFourth Answering your fourth question, as far as the limits of i the area which may be granted are concerned, the cases seem to place no limits whatever, except the Inconvenience to the public by reason of Interference with navigation, j As long as the parcels granted are used for pui-poses which facilitate commence, i the legislature 4s not limited to any particular bounda. In my. judgment, what is and what is not a reasonable extent of territory for such purposes is a question of fact to be determined H each individual case. The court in each instance will determine whether the territory occupied or desired Will determine whether the territory of reasonable extent for the uses of the road formerly known as the North Shoie would picbably not be held to 'e reasonable for the uses of the. Southern Pacific and vice versa. in the Limits. "In this connection you state that you wish to be informed as to what is the status of the land inside corporate limits, which land was originally below the line of low tide, but which has been built up by being filled in arti ficially, that is, by the work of man, From this last proposition as stated by you, I understand that you wish to be informed as to whether the principle of accretion would change the nature of the State's title to State lands. Lands which the State .holds for sale are subject to the same rules as lands which any other private individuals hold for sale, but lands which the State holds in its sovereign capacity may or may not be' subject to such rules as I shall hereafter point out. There is not a uniformity of opinion by the courts on these matters, but as the law concerning accretion is defined by our Civil Code, it would stetn that without regard to what kind of lands, whether lands held by the State for sale or lands, held by the State in its sovereign capacity, an adverse claim might not be laid to such land by reason of the accretion which you describe.. "While accretion may support title, lands raised above the water, through artificial means, are not subject to the principle that controls accretion, and the fact that a man, filled in lands will not support his claim of title thereto. k "I am not aware that this question has ever ' been before the courts of this State. In the case of Sage vs. Mayor, 154 New York, 83, the general rule on this question is stated. RIGHT TO SELL. -r "In so far as .1 have been able to ascertain, there is no difference of opinion on the part of the courts on the question. "Your last question is serious and one upon which I shall not attempt to give yau .a definite opinion. It was decided in the Oakland water front case that the State had power to sell the tide lands above ship channel (Oakland water front case, supra) above low water mark. The question as to the power of the State to sell lands below the water mark has never been directly before the courts ,m this State. As a general proposition it has been held that such lands may not be sold, that they are open for the purpose of preserving and Improving the public -rights of navigation. However, it has also been held that such lands may be used o long as the rights above-mentioned are not entrenched upon. As to the rights acquired by a long and protracted user to these lands, under the statutes of this State, there Is presentc-d a question under wnlch tne courts are not agreed. "As already pointed out, it was held in Oakland water front case that the grantee of lands covered by navigable waters has1 a mere proprietary interest in the soil and holds it subject to the public easement, and if his ownership stands in the way of improements in aid of commerce or' navigation, the grant may be revoked upon the tender of a fair compensation for such improvements erected under the license contained in the grant. This language may be obiter in the case in which it was used, but the rule as stated by our -own Supreme Court has been laid down by the jurists of other States. (I. C. R. R. v. Illinois. 146 U. S. 468; I. C. R. R. Co. v. Chicago, 176 U. S. 646.) DECISIONS. "On the other hand, the Supreme Court of Oregon, in a very carefully considered opinion, in the case of Schneider vs. Hutchinson, 35 Ore. 253, under a section similar to Section 315 of the C. C. P. examined exhaustively the authorities and came to the conclusion that adverse possession, even as to lands held by the State in its sovereign capacity, could and would, if continued long enough, create a title as against the State. I may stste in passing that the Oregon case is the only case In America that I have found that comes to this conclusion. In the case of Hoadley vs. San Francisco, 60 Cal. 265, it was held that the statute of limitations does not run against tho State by reason of adverse possession of a public square in one of the cities. In the case of People 's. Pope, 53 Cal. 437, it was held that the-statute of limitations did not apply, and no one can acquire a title by adverse possession as agralnst the public, the right to obstruct a street dedicated tc public use. In ihe case of Board v. Martin, 29 Cal. 209, it was held that no one could acquire title to a school house site preserved for public purposes1 and being public property by reason of adverse possession. In the case of Ex Parte Taylor, 87 Cal. 191, It was held that no right can be so acquired to a part of a sidewalk.' . "In this connection I would call your attention to Section 315 of the Code -f Civil Procedure which places the limitation upon the time in which the people of the State of California must bring suit. Said section reads as follows: " 'The people of this State will not sue any person for or in respect to ' any real property, or the- issues or profits thereof, by reason of the rl?ht f or title of the people to the sam. unless: ' 'l.Such right or title shall hava accrued within ten years before any action or other proceeding for the same is commenced; or, "'2. The people, or those from whom they claim, shall have received the rents and profits of such real property, or of some part thereof, within the space of ten years." "As a possible solution of the difficulty I would suggest that-this section be repealed, or at least amended no as to prevent the running of the statute of limitations,, a gainst the State. It might also be advisable at the same time to .amend . Section 345 of the same coda which reads as follows: " 'The limitations prescribe in this chapter apply to actions brought in the name of the State, or for the benefit of the State, in the same manner as to actions by private parties.' EJECTMENT. ' "Answering that portion of your flftii inquiry in. which you ask what legal remedy the State possesses, there are three that suggest themselves to my mind. : 'First: The State may obtain possession of the wharf, it being' attached to the State's soil, by ejectment. "Second: The State could obtain a mandatory Injunction to have the wharf moved, if It obstructs commerce. To maintain this latter action ,tbe whart must be a public nuisance. Applyin? Sections 315 of the Civil Code t f Procedure to these separate and distinci causes of action. I am of the opinion that the action of ejectment would be barred bv the tvn years' limitation as. the statute now standi, because the action in ejectment affects the title to the soil under the wharf. The actlp- to abate a nuisance would not be barred, because the i,overi?, rights over the protection of" comr.ar": were never abdicated hv the State. T,i -ft is. the title to the ko'A under navigai; waters is always held subject to these , right. These rights are Inalienable and j C0TCI 5054 Washington Street Open Saturday Evenings Until 10 therefore not subject to any statute, of limitations. "Third: An action to quiet title would be an appropriate action vnder some circumstances that might arise under the state of facts that you present. "In conclusion, I wish to say that although your questions are general in their nature, in some instances I have directed my opinion at the situation now existing in Oakland harbor, as this is evidently the situation you have in mind, but to give you a definite answer as to the infringement upon the rights of the State by a given individual oj; corporation, would require that this office be in the possession of a full statement of the specific facts surrounding ea-ch particular case. "I have found the questions presented by you somewhat Involved and difficult of 'solution, on account of the conflicting code sections, statutes and decisions, and if there is any one statement, above another contained in the Oakland water front company case lni which I heartily concur, it Is the following: ." 'It frequently happens that the fram-ers of a law have no well-defined idea of what they 'desire to accomplish or no capacity to give expression to their- ideas. In such cases the difficult task is imposed upon the courts of discovering a meaning that never existed. . Such. I -think, is really the case here. Very trulv yours, .'U. S. WEBB, t "Attorney-General." HOTEL ARRIVALS. METRO POLE B. G.' Smith, Oakland; C. I. Peacock, F. N. Peacock, England; G. H- Nlles and wife, Detroit; C. Jackson, Oakland; David Williams, Frultvale; H. 'Mills. Kansas City; A. P. Fuller and' wife, San Francisco; Miss May McMurray, San Francisco; Margaret McMurray, Tesla; Andrew Martin, Aurora, lad. CRELLIN M. S. Minney and wife, Fresno; E. A. Salisbury. San Francisco; S. L. Hainjes, New York; Miss A. L. Coker, Beulafa. Cal. ; C. F. McDonald and wife, Muskogee, I. T.; G. J. Miller, Oakland; A. W. Beam, J. Emil Petersen, Selby; G. Buger, Chico; F. G. Fin-ley, Marysvllle; W. E. Basham, San Francisco. TOURAINE J. W. Shiner, Forest, O.; Emma Dawley.. Stanford; J. M. Royce, San Francisco; J. A. Adams; i Vallejo; K. L. Durall, San Francisco. ALBANY L. M. Hutty and wife, San Francisco; lH. Wood, H. A. De Witt. Oakland; M. McCormick,' Santa Cruz. . A Grim Tragedy is daily enacted in thousands of homes? as death claims, in each one, another victim of Consumption or Pneumonia. But when Coughs and Colds are properly treated the tragedy is averted. F. G. Huntley of Oaklandon. Ind.. writes: "My wife had the consumption, and three doc tors gave her upt Finally she took Dr.' ' Kings New Discovery for Consumption. Coughs and Colds,- which cured her, 'and today she i's well and- strong." It kills the germs of all diseases. One dose relieves. Guaranteed at 50c and J1.00 by Osgoods' Drug Stores, Seventh and Broadway and Twelfth and Washington streets. Trial bottle free. MEAT QUOTATIONS Beef and Mutton lower; Veal, Porli and Lamb easier. Rib Steak... Beef Roast Beef to bolt '. . Round Steak Loin Steak .. Porter House ......3 lbs. 25c 8o ...So, 6c and 7o ........ ...10c -12120 15 "' a 1 0o ; 6c Mutton Chops ... Shoulder Lamb j . Legs Veal ... Legs" Mutton Pork SteaVi.. ... V... ....... 11o . 10o - .11o 10o ... ..3 lbs for 25c ... .. :.r .: :A2Vt Pork Roast . , V, Sausages ... .. . Prime Rib Roasf ViriCEEIT'S EJARKET 853 WASHINGTON ST. V Phom Maia'M6V . We want every man of Oakland and surrounding country to get acquainted with our No More $16 No Less proposition. We've converted a large nunber that have clung to high prices ths past year. Want to double this number the coming year. Help yourself by helping us to make New Year's week a record breaker. Place your orders at once and get the benefit of this handsome Men's or Ladies' Umbrella. These will only be given in this week's sale. Remember we show more woolens than three other large stores combined. Guarantee perfect fit' and .best of workmanship and in short, you get the best suit or overcoat tailored for NO MORE Cut This Coupon Out vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvVvvvvvvvvvvvvvvvvvv THIS COUPON IS GOOD, FOR Ell KER MEN'S OR LADIES' UMBRELLA. . SCOTCH PLAID TAILORS PlbAID TAILORS COUNTY OFFICERS REPORTS EXCELLENT SHOWING IS MADE BY VARIOUS PUBLIC INSTITUTIONS. Excellent reports have been made by the various county officers, i According to the records of the Alameda County Receiving Hospital, 3,382 patients wore treated at the Institution during the year of 1904. Only twenty-nine ut of this number died, nearly all of them passing away a few months after their admission to the hospital Eighteen of the entire number of i patients were those who attempted suicide by poisoning, nly one resulting fatally. The insane ward of the hospital received 134 patients durinsr tlae year. 91 of whom were committed to the State asylums and "43 were discharged after examination. Drs. O. D. Hamlin and? U. T. Stratton, the surgeon in charge, have every reason to feel proud of the record of the year. During 1904 993 suits of all descriptions were Hied at the office of the County Clerk. 333 of which i, were actions for divorce. In 1903 there wore 994 suits filed. 323 being for divorce. A heavy increase over last year is shown by -the records of ttie County Recorder's office, 23,831 documents having been filed the past year, compared with 21,756 in 1903. The fees received by the County Recorder amounted to 433. 258. u5, and the total expenses of the! oSice have been $25,861.45, leaving a net balance for the county treasury of $7396.60. At the close of 1904 therej were only 37, prisoners confined in the county Jail. The record of the year shows 503 prisoners confined there during the year. During 1903 there were 735 prisoners confined at tne county jau. Fines and foifettures collected In the police courts dming 1904 amounted ' to $10,519.50. From Department 1. $4,953.00 was gathered, of which $2,989.50 went to the county treasury and $1,964 to the city strong box. From Department 2 the total receipts were $5,596. the county's share being $3,509 and the city's return $2,057. The number of cases handled was 4373. divided as follows: Department 1, 2152; Department 2, 2221. GAR AND AUTO IN A COLLISION NEW YORK, January 3. More than a score of persons have been sligHtly injured through a collision at Eighty-eighth street and Avenue A between a trolley, car and a,, big touring automobile. The latter .was destroyed by fire following anv explosion of. the gas tank. The car was , thrown from the. track and, almost overturned. - Th automobile, going at a fast pace across Eighty-eighth street ran Intel the rear platform of'.the car which was bound for a ferry, loaded with men, women and children. The rear end of the car was thrown from the rails, while the passengers were hurled about and the men in the automobile: were .sent flying through- the air and atrock some distance awaV In slc. instant the gasoline exploded 'and the machine was a blaxe; is i The blaze lighted op the scene and those caught in the wreck quickly scramble from the debris with blood streaming from their numerous cuts. Jfone, however, were seriously Injured. NO LESS Oakland; o'clock MILL IS WRECKED: ONE MN KILLED PITTSBURG, December 3.-r-A flftyr ton fly- wheel in the-National Tube Wrorks Company plantat' MtsKeesport, burst and completely wrecked the continuous mill early today. ' One man was killed outright and four' were ser riously injured. The loss to the plant will reach $100,000. Eight hundred men wlil be thrown out of employment: for a month. ' FIRST STRIKE OF YEAR. t NEW YORK. January 3. Sewing machine agents to the number of two hundred have decided to Inaugurate p. strike here the first of the year. Nothing of the kind has ever occurred before in tlie profession and no union had been thought necessary. Recently the agents determined that their- grievances were in need of adjustment and called a meeting which resulted in the call for a strike. They demand the restoration of commissions recently abolished, and re-adjust-ment of the system whereby they are held liable to the companies when dls- , honest purchasers who buy machines on the installment plan suddenly leave for parts unknown with the machines only partly paid for. The strikers say that they have . to give a bond of $150 each before they can be employed as agents. -This, they think, ought to be enough, without holding them responsible for lost machines. ' ; PROHIBITION CLUB. . ' Thie "Woman's Prohibition . Club r Will hold a public meeting this evening at Prohibition headquarters, 1365 Broadway. At the last meeting ef tb club, the lion. H. H. Kiff. a member of the "National Committee, addressed the club. 4 His words were very eloquent and were listened to attenHviw, A pordial invitation Is extended to the public to attend the -meeting tonight. - WeaR Men and Rupture Cureci Our perfected Vacuum ' treiat-; ment will quickly SX.OOMlY V Ul Ct DEVELOP NEW tfS LIFE AND EN E R G Y AND . Fill LV BP. jO STORE - T H E "2 HRE AND , S VIGOR OF a - YOUTH. . It is . tha nnltf A.f tk 5 tive means . .1.1.1. will fuay enlarge and completely develop the organs.- Used. with our Soluble Medl- futPffrt UTHRAL MCDCAttO "f . cated Urethral Crayons, quickly cures, all drains" and discharges. Varicocele, Stria, ture. Premature Decay, Enlargement of Prostate Gland, etc. Special cur for RUPTURE; no knife, no delay from work. Guarantee perfect cure. Money left In bank. . Our physicians are well known to be experienced and strictly reliable specialists, and cure. Rupture and all diseases of men only by modern methods. Call for examination and full details or our special cure for; Rupture free, - " -. We irant alsot especially every weak or undeveloped man to call for. or write-(or our most instructive 100-page illustrated book.: :It fully explains the action- of our remarkable Vscuum and Crayon treatment. We have the most successful borne cure In the world. We give treatment on 10 days trial and approval. Book sent : securely, sealed.- free. Every Tlnn should "' SQUARE m read It. CaH or write today. Hours 9 to. . 8undays. ll to 1. VACUUM APPLIANCE CO.. 6 O'FarrsU street, ft Jf. , - . ,

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