Los Angeles Herald from Los Angeles, California • Page 7

LOS ANGELES HERALD: SATURDAY MORNING. FEBRUARY 17. 1894. WHARF CAN BE BUILT. The Southern Pacific Wins Its Appeal Case.

'The Supreme Court Reverses the Superior Court. Say Pedro City Cannot Enjoin the Railroad, Under Company the From Surveyor-Gen- Working oral's Permit. In March, 1887, the Southern Pacific Raiiroad company made selection of right of Why over certain pablic landa of a the state for the location and construction of tracks and other works necessary in the extension of its Wilmington branch. April 7th of the same year the surveyor-general issued to the road a permit to use the same. The lands are located in Wilmington bay, within the corporate limits of San Pedro, and a portion of them are tide lands, that is, lands between the lines of high and low water.

Another portion of the lands are continually covered by the waters of the bay. In December, 1891, by virtue of the permit, the road commenced to drive piles from the extremity of then wharf formerly constructed by it, had driven them for a length of about 660 feet, when the city brought suit to enjoin them from prosecuting the work. The grounds upon which the city of San Pedro based ite right to the relief sought was that the lands are within its corporate limits and form a portion of its water front; that it has certain statutory and riparian rights over the lands and water front, and that in the exercise of these rights it was about to construct a wharf and landing place at the point where the piles were being driven; that the driving of the piles and erection of a wharf by the company will prevent it from carrying out its purpose, and that the acte of the road are witnout right and authority. The suit was tried in the superior court and it rendered judgment in favor of the city of San Pedro. An appeal was taken to the supreme court and yesterday an opinion by it was received for filing at the Los Angelee office, in which the superior court is reversed.

The supreme court in paesing upon the points raised, eaye it does not appear that the state has ever parted with ite titie to the lands in question, either those between the lines of high and low tide, or those which are at all times covered with water. It holds that unless the city of San Pedro has some right in the lands which the acta of railroad will tend to impair, it is not entitled to the relief sought. The city cannot enjoin the road from posecuting ite work of driving piles within the terms of the survey-general's permit, unless it is an invasion of some right of the city, and the burden of e8- tablishing that fact rests upon it. If it should be assumed that the acts of the railroad are a trespass upon the rights of the state, the court says that the state alone has the right to complain, and, in the absence of any complaint on its part, the railroad company is not to be questioned about the nature of these acte of trespass. It therefore saye that it is unnecessary to determine whether the legislature could by special act disincorporate the town of Wilmington.

The city of San Pedro was organized 88 a city of the sixth class February 27, 1888, subaequent to the date of the permit given, and although the lande are within its corporate limite, the aupreme court holds that it has not for rea80n any proprietary interest them, nor is it the owner of the soil, or clothed with any riparian rights. Referring to the right of the city to construct a wharf, the court says that the authority conferred by section 862 of the municipal government act does not clothe it with an absolute right to construct a wharf at any point on its water front it may select, irrespective of the rights of othere, but the act is intended to confer the same authority to do acte which a natural person would possess. It does not authorize it to prevent the erection of by another person, who has a right therefor, or who does not infringe upon any of its rights. The lower court found that there had been an abandonment and non-user of the portion of the lande within the limits of the permit beyond the existing wharf, and that by reason thereof these lande bad been excluded from the permit; but the supreme court saye that the record does not contain any evidence showing an abandonment of the rights had been cited showing that a failure conferred by the permit, and no rule by the railroad to build its wharf immediately would work a forfeiture of its rights. Necessarily some time would elapse and such delay would not of itself, the court holde, work a forfeiture of any privilege which the state may have granted.

The court reserves the judgment and order denying a new trial. HOLD STEADY, HOLD STEADY, Consider and Be Unrefal-Wolfskill Tract at Auction Today at 1 P. on the Grounds. Why go out miles, pay car fare for yourself and family and in the bad season wade for blocks through the rain and mud, when today you can buy a lot in the very heart of Los Angeles, within 10 minutes' walk from Spring and Main streets, at your own price A A A and on three years' time? Be on hand, select your lots and let your bid be known. Easton, Eldridge 121 S.

Broadway. They May Wed. Marriage licenses were issued yesterday to the following persona: Lewis H. Carpenter, aged 38, a native of Connecticut, and Mrs. May L.

Sloan, aged 26, 8 native of New York, both residents of New York city. Aineworth Thomas, aged 21. a native of California, and Julia Lea, aged 20, a native of Kentucky, both residente of Los Augeles. Joseph Suize, aged 29, a native of France, and Eugenie Bellocq, aged 16, a native of California, both residents of Los Angeles. 0.

W. O. Hardmar, Sheriff of Tyler county. W. appreciates 8 good thing and does not hesitate to say 80, was almost prostrated with a cold when ho procured bottle of Chambarlain's Cough Remedy.

He says: "It gave me prompt relief. 1. find it to be invaluable remedy for coughs and colde." For sale by all druggiste. For a good table wine order our Sonoma Zinfandel per gal. T.

Vache cor. Commercial and Alameda. Tel. 309. A BACK TAX SUIT.

judgment for that amount. BOARD OF PUBLIC WORKS THE USUAL GRIND OF ROUTINE BUSINESS. Streets Which Were Recommended to Be Graded, Widened and Abandoned-Other Petitions Heard and Passed On. The Farmers and Merchants Bank Sues the City. Quite an important suit was begun yesterday against the city of Los Angeles by the Farmers and Merchante bank.

The questions involved have heretofore been in the courts, but the bank has revived them again. They have reference to the assessment of the bank last year, and the action is brought to recover taxes paid under proteat. It is averred in the complaint that the bank delivered 8 statement of all ite assessable property to the city assessor in May, 1893. In July, 1893, the assessor included in its assessable property United States treasury certificates issued by the subtreasury of San Francisco to the amount of $50,000, bonds to the amount of $76,000 and solvent credits $38,880. In the bonds were included bonds of the Spring Valley Water company of the face value of $41,000.

The bank applied for a reduction to the city council, sitting as a board of equalization, which was refused. contention of the bank is that the treasury certificates were exempt; that the Spring Valley bonds were secured by a deed of trust on the property of the company, no part of it being in Los Angeles, and that the assessment was double taxation. ie also contended that .1 the assessment of solvent credits was unauthorized and void because the plaintiff W88 not possessed on the first Monday in March, 1893, of any solvent credita over and above the amount to the bona fide residents of this state unsecured, and a deduction of its debts from solvent credits is a right vested in the plaintiff mandatory. The plaintiffs paid taxes under the items ageeeement complained of amounting to $1514 28, under protest to Tax Collector Wade. They pray for The board of public works met 88 usual yesterday and the following recommendations were made: In the matter of petition No.

129 from F. C. Howes et asking to have Thirty-second street opened a uniform width from Key West street to conform to the other portion of the street, recommend that petition be granted, and the city engineer be instructed to make survey and map of property to be taken, and furnish same to city attorney to draft the necessary ordinance of intention, the district of assessment to be furnished by this board to the city attorney. In the matter of petition No. 126 from Mrs.

M. Stileon, asking to have grades eetabliebed on certain etreets in Angeleno Heights tract, recommend that the same be granted and the city engineer be directed to present the necessary ordinances of intention. In the matter petition No. 105, from Frank E. Clark, asking to have a street abandoned that enters into his property in the Highland View tract, which does not benefit or affect any other person, recommend that the petition be referred to the city attorney for investigain the petition to present the necessary tion, and if he finds the same as stated ordinance.

the matter of petition No. 106, from S. la. Hubbell et property owners on Providence street, withdrawing their objections to the acceptance of said atreet by the street superintendent, recommend the matter be considered by council next Monday 2 o'clock p.m., at the time set for appeal. that In the matter of petition No.

133, from T. J. Crowley et property owners on Casanova street, asking to have said street widened to 60 feet along Elysian Park drive and adjoining the park, we recommend the same be referred to the park commission in connection with the city attorney to investigate and recommend the necessary action. In the matter of petition No. 128, from Annie Robbins et asking to have the grade of Pala Alto street established between Shore avenue and Belmont avenue, recommend the petition be granted and the city engineer present the necessary ordinance of intention.

win the matter of petition No. 94, from R. Sargent et asking have Banning street, from Alameda to Center street, sidewalked with a eidewalk eight feet wide, and a cement curb constructed thereon, the eame to be done under the bond act, recommend the petition be granted, and the city engineer to present estimate of cost, and if the same exceed $1 per front foot along each side of said street, then to present the necessary ordinance of tention. In matter of petitions No. 123, from Grace M.

E. church, No. 130 from John Vaugh, 131 from Wm. Tillman, 132 from Mre. Mary Lancaater, asking permission to lay a cement sidewalk and curb in front of the respective properties on Banning street, by private contract, recommend the same be granted, and the street superintendent issue them the necessary permits.

In the matter of petition No. 89, from P. Johnson et asking to have a fill made at Figueroa and Third streets, recommend the same be filed, as the city has no means of doing that kind a of work at the present time with ite present force, and it cannot be done by unemployed, as it would necessite the hiring of teams and ecrapers. the matter of the bids to improve Bridge street extension, recommend the acceptance of the bid of George Eheinchild for $200 for work complete, and that the city attorney be instructed to present the necessary contract and bond. In the matter of petition No.

634, from Miss J. Hammond, praying for the abatement of a nuisance caused by water running in the gutter on the west eide of Pearl street south of Seventh street, the same having been referred to the city engineer to devise a means of abating the nuisance, and he recommending that a 12-inch vitrified pipe be adjoining the culvert crossing Seventh atreet with the zanja manhole in the sidewalk the west side of Pearl street south of Seventh street, recommend the game tendent be adopted instructed and the street superinto construct same in accordance with the foregoing recommendation of the city engineer. It is because persons who once try Dr. Bull's Cough Syrup, always buy it again, tha. its sales have become: 50 eno mous.

The success of this great sore-throat remedy is in sim curing cough, croup and marvelous A POWER IN TAMMANY HALL. Judge Patrick Divver of New York Talks of Politics. Cranks Are Not Successful in Political Life or Work. The Motto of tho Sncceseful Politician Must Be to Make Few Promises and Keep Them All--Pollties in the Metropolis. The San Francisco Examiner contains the following about a distinguished gentleman now in this city: There is now in San Francisco A gentlemau from New York city who is, perhaps, as familiar with the workings of that great political organization known as Tammany Hall as it is possible for one man to be, and who, moreover, may lay just claim to that so often misused expression, "a self-made man." He is Patrick Diver, police justice, politician and leader of the Second assembly district of New York.

Judge Diver is here to vieit his brother, 800 the wonders of the midwinter fair and enjoy the firet real vacation he has allowed himself since he began his political life, almost a quarter of a century ago. His success 88 8 politician and his popularity with all men with whom he comes in contact, irrespective of party, have made him striking figure in active life of the metropolis; and when it ie considered that he has rieen to his present position of power from that of a bumble newsboy, this success seems all the more remarkable. His own words, when plied to himself, may in a measure explain hie success as a politician, care of your friends, of course, if you can," he says, don't make ADJ promises unless you are sure you can deliver the goods. And when you have promised, deliver if it breaks you." BEGAN A8 A NEWSBOY. Judge Divver began life as a newsboy, an occupation which he relinquished to become "fly" boy in print-shop.

At the age of 15 he served an apprenticeship as a tanner and worked steadily at the trade until 1871. A8 early as 1862 he was a member of the Tammany ball central committee. In 1871 he received his first political job as keeper in the city prison. From this he has risen steadily until now he is president of the Patrick Diver association, one of the strongest adjuncte of Tammany hall in the city of New York. The club formed in 1886 and now controle 10,000 votes in the Second assembly district.

"If you want to be a successful politician," he continued, "you must watch everybody, and above all watch yourself. If you do not keep 8 close watch on yourself you will become a crank, and a crank never can be successful. You'll make up your mind that you are big and the community is little, when all the time it is just the other way. If a man is not dressed well, or you do not like him personally, you must not brush him to one side, because if you don't need him just now you will need him later on, and then you will be sorry. You may think nobody notices the action, but there you are again mietaken.

If you have brushed a man to one side, you will find that the whole neighbor hood knowe it and resents it as a sort of personal affront. you must watch your friends as closely as you watch yourself. There are in plenty the of world, cranke and and you must thin-skinned watch them. men one of your acquaintances acts a little offish, hurry up and find out what is the matter. The chances are if you send a friend to him he will say: 'There's nothing the matter with me.

He's the one fault. He will shake hands with you, one day and the next he will not notice you when ho meete you in the MUST SQUARE YOURSELF. when you hear such talk as that you must square youreelf. Maybe you were worried about something the day before, and passed this man without being aware of his presence. If you are sensible you a will go to him yourself and straighten everything out, for by and by there will be a fight in your district, and you'll need him.

"A successful politician must be healthy. That means, among other things, that be musn't be dissipated. A cool head and an even temper are a politician's stock in trade, and they don't go with bard drinking. None of the successful politicians are what you and I would call dissipated, but the country is full of men who started out all right, but allowed whisky to get away with them." Judge Divver is of a medium height, his eyes are blue, his face and figure are well rounded and his mouth is When talking straight at you, ebaded by a heavy, brown mustache. as if he desired to specially impress the point he is making; at other times he regards contemplatively what would be the horizon were he out on the plaine.

For the past year he has been sitting in the court of special sessions in the Tombs. He has lately been assigned to the Fifty -seventh street police coart, his position there being filled by an associate during hia visit to this coast. He is considered a judge for a man who has had trouble with his wife to come before. He is also very severe on those accused of selling liquor to women and minors. A FISHY CASE.

A Depaty Fish Commissioner Begins Novel Case. A novel charge was filed yesterday in Justice Bartholomew's court against Robert Bell, a Asherman of Wilmington. The complaint was made by A. G. Fletcher, a deputy in the employ of the fish commissioners.

He complains of Bell thaton February 14th he fished in the waters of the state ot California at Wilmington without a license. Thie is the first case of kind ever brought in the courts and the deputy is evidently trying to make A test case of it. The sturdy fishermen of San Pedro and shore will not take kindly to this attempt to make them pay license for pulling out the tinny inbabitants of the ocean. At Auction, Today at 1 p. on the Premises, 125 choice lots of the well-known Wolfekill tract, near the Arcade depot, will be gold at auction to the higheat bidder on exceedingly liberal terms.

For particulars send for catalogue and map of the property, to Easton, Eldrides No. AT HOME! TO ALL OUR FRIENDS A AND PATRONS In Our New Store, THE FINEST, BEST-LIGHTED ROOM IN THE CITY, S. W. Corner Spring and Franklin Streets. Luda HARRIS FRANK, Propr's.

FAMILY DISAGREEMENT. TRIAL OF THE FORBES ESTATE CONTEST CASE. Children Who Testify That Their Father Treated Them Badly, and Did Not Want Them to Be Educated. The trial began in Judge York's court yesterday of quite a sensational case, in which family disagreements of an unpleasant character are being aired. It is a contest over the estate of the late Mra.

Luisa Olvera de Forbes. Charlee H. Forbes and his wife, Mrs. Forbes, were married many years ago, and had a large family of children, 20 in number, of whom several have arrived at man's or woman's estate, although several are still minors. Mr.

Forbes has been for years manager of the Laguna rancho, where Mrs. Forbes died September 20, 1893. left estate of considerable value, and there being no will, Mr. Forbes applied for letters of administration, placing its value at $26,000. Later some of the children were diesatiefed with this arrangement, and on their bebalf J.

M. Elliott filed a contest petition for letters asking to be appointed administrator of the estate. The estate in this petition was valued at $50,000. The children are not all together in this petition, and some of them acquiesce in the appointment of their father. The reasons upon which the contest is based partially developed yesterday during the examination of some of the witnesses.

James A. Forbes, one of the sons, on the stand during the morning and testified in general that his father did not treat his mother well during her lifetime and had not treated the children well. The subject of this treatment was aleo gone into by Augustin Forbes, another son, who evidently had a very bitter his father made him work 88 laborer feeling against his father. He a said that and put his brother-in-law in as a man above him. He accused his father, since his er'e death, of trying to get him discharged from the Crescent Coal company, with which he is employed.

He also swore that Mr. Forbes had never paid any attention to the children, and had not tried to have them educated. He said be was sent to school once or twice for a few months at a time, and that bie father had one or two teachers come to the ranch, but they were drank nearly all the time. Hie mother, he said, wanted the children to be taught, but his father was indifferent. He testified that hie father treated his mother badly, and for that reason he did not feel kindly towards The boy very persistently referred to the lack of schooling, and although he epoke very know intelligently because said he that he does not much, never had a chance to learn.

During the trial Constance Forbes, a very attractive young lady, was an interested spectator of the proceedings. She sides with her father in the controversy. The case is being tried by Henry T. Gage and G. Wiley Wells for Mr.

Forbes, and E. A. Meserve and Variel Davis for the contestants. The case is liable to last for two or three days longer, and will be resumed this morning. If You Want Home Located in the Wolfskill tract.

It is in the center of Los Angeles and easy of aCCeSS. Attend the grand auction sale today at 1 p.m. Make your bid known. Terms easy. Maps, Easton, Eldridge 121 South Broadway.

Half Rates. One fare for the round trip to any point on the Southern California railway (Santa Fe route) on Sunday, The Glenwood Stove will save you 40 per cent in fuel. Only to be had at the W. O. Farrey 159 to 165 EXCURSIONISTS.

Party of Easterners Arrive Via the Santa Fe. The following passengers form Santa Fe excursion which arrived yesterday: F. B. Maxwell, Brockton, Mrs. A.

A. Longley, Boston; 8. E. Pharo, New Bedford, Mrs. Anthony, Fall River, Mrs.

Blake, Brownfield, Mra. T. F. Neville, Ogdensburg, N. T.

G. Bromell, Whitby, 0. C. Chamberlain. Williamefield, Jacobe, P.

Schurtz, Chicago; Mrs. A. Bissonette, Grand Rapids, Mr. and W. D.

Cross, Chicago; Mr. Minn. A. Sauere, Mre. E.

Sauere, and Mrs. W. A. Chabine, New York: Mr. and Mrs.

8. Fonehan, Chicago; Mre. 8. Baughn, Lamar, Mr. and Mre.

J. N. Kloster, Oincinnati; Mre. Maben, Mrs. Turner, Grand Haven; A.

J. Turley and family, Logansport, Ind. Miss I. Miles, Mre. S.

E. Stauch field, Pueblo; J. Kerr and family, Chicago; Mre. J. 'M.

Monroe, Kansas City; Mr. and Mrs. C. Leslie, Chicago: Mr. and Mre.

J. B. Pittsburg, Mrs. G. C.

Lawrence, Chicago; Mrs. E. A. Gibbe, Ft. Madison, Mr.

and Mrs. Taskers, Pueblo; Mre. E. V. Smith, Chicago; E.

0. Williams, Mre. D. Doyle, Kansas Oity T. Laugguth, New York; O.

Hedge, Syracuse, N. Y. FIREMEN GET OFF EASY. They Left the Station Alone, but Were Only Reprimanded. The fire commissioners held a epecial meeting yesterday, for the purpose of investigating charges of misconduct against certain members of the department.

The frat charge was that the men of Engine company No. 2 and of truck No. 1 were all absent from their posts on February 8th and 11th, when fire alarms were rung in from box 64. It was found that at the times stated the men were all absent atsupper. They were found and eent back by Assistant Chief McMahon.

case a severe reprimand was administered. second matter which came up for investigation was the sending in of AD alarm from Box 12, the key belonging to No. 4 engine house having been used to open the box, showing that the alarm had been sent by some one in the company. Action upon the matter was deferred in order that Chief Moriarty might make a personal investigation. In the case of Messler, the driver of engine No.

4, who WAS charged with failing to report a broken axle, a severe reprimand was administered, and he was instructed to pay strict attention to such matters in the future. CHAMBER OF COMMERCE. Proceedings Yesterday by the Board of Directors. The board of directors of the chamber of commerce met yesterday afternoon. There were present the following named directors of the chamber: Severance, Freeman, Cohn, King, Klokke, Lankershim, Parsons, Hazard, Cline, Eisen, Stimson, Jones, Breed, McGarvin.

After the transaction of routine businees the board to membersbip Frank Hicka and R. B. Young. The election of secretary and superintendent for the year was held and O. D.

Willard was elected secretary and Frank Wiggins superintendent. The building committee reported with regard to their work, and action on the report was postponed for two weeks, It was moved that the preeident of chamber be authorized write to the chairman of the committee on rivers and harbors, asking that an appropriation be made the improvement of 8an Pedro harbor. The motion was carried unanimously. The board, then, on motion, adjourned. Bucklen's Arnica Salve, The best salve in the world for cuts, bruises, sores, ulcers, salt rheum, fever sores, tetter, chapped hands, chilbialus, corns and all akin eru -tions, and positively cures piles or no pay required.

It is guaranteed to give perfect satisfaction or money refunded. Price 25 cents per box. For sale by C. F. Heinzeman, 222 N.

Main street. A GALA WEEK! -ATVOLUMER'S DISCOUNT SALE -BUTSATURDAY THE BEST DAY OF ALL WE OFFER FOR TODAY: 25 Quadruple-Plated Butter Dishes $1 19 Regular price, $3.00. 20 Decorated Toilet Sets 80 Regular price, $2.50. 100 Midwinter Vases, 50 Regular price, $1.00. 15 Decorated Tea Sets, 56 pieces, at 3 40 Regular price, $4 50.

200 China Cuspidores, 50 Regular price, 75c. H. F. VOLLMER 118 SOUTH SPRING STREET, NEAR FIRST. TELEPHONE 526.

I CASTORIA for Infants and Children. Castoria is so well adapted to children that Castoria cures Colic, Constipation, I recommend it as superior to any prescription Sour Stomach, Diarrhea, Eructation, known to H. A. ARCHER, M. Kills Worms, gives sleep, and promotes de 111 So.

Oxford Brooklyn, N. Y. gestion, Without injurious medication. "The use of Castoria is so universal and "For several years I have recommended its merits so well known that it seems a work your and shall always continue to of supererogation to endorse it. Few are the do so as it has invariably produced beneficial intelligent families who do not keep Castoria results." within easy reach." EDWIN F.

PARDRE, CARLOS MARTYN, D. 125th Street and 7th New York City. New York City. THE CENTAUR COMPANY, MURRAY STREET, NEW YORK CITY. Southern 1 California Furniture MAIN STREET.

IN0.326-330 R. W. PRIDHAM, BLANK BOOKS AND PAPER BOXES. REMOVED TO 110 AND 112 N. LOS ANGELES STREET 7-15 1 KINGSLEY.

BARNES NEUNER CO. Successors to Kingsley Barnes, PRINTERS and BINDERS ARTISTIC WORK -NOVEL DESIGNS. 211 and 213 New Bigh Los Angeles. 417,.