Los Angeles Herald from Los Angeles, California • Page 10

10 STILL ANOTHER SUIT ADDED TO THE STRING IN THE WATER CONTROVERSY CITY TO BE SUED FOR DAMAGE Finance Committee Denies Company's Against Stoppage of Storm Drains At the weekly session of the finance committee of the city council held yesterday, the following communication, tearing the signatures of J. S. Chapman and White Monroe, as attorneys for the Los Angeles City Water company, was presented for consideration: Gentlemen: We have waited patiently for some time for tho action of the council upon the demands presented to you on behalf of the Los Angeles City Water company for damages accrung from the passage of the ordinance of 1896 and 1897. fixing the rates of the company to he chanted for water, wheh demands bore dates of July 29. 1898.

and would rerpectfully suggest to you that It Is of Importance to us that the demands should bo acted upon at your earliest convenienco. We therefore demand that said claims be acted upon. Tho letter was addressed to the finance committee and was under date of October 8. The committee meanwhile had obtained the advice of the city's attorneys In the matter and In their report to the council on Monday will recommend the formal denial of tho demands In question. These demands, as the communication from the water company states, were filed on July 20, and after reference to the finance committee at the regular session of the council the week following, were pigeonholed until the receipt of the above letter.

They are. a consequence of Judge Wellborn's decision In tho I'ntted circuit court wherein it was held that the city has no right to fix rates of water rental below the minimum schedule named In the contract then existing between the city and the company. On the strength of this decision, the company puts In a claim for damages In the. sum of 1160,104.80, the largest reading as follows: The Los Angeles City Water company presents this demand on the city treasury of the city of Los Angeles for the sum of $106,600, being for damages accruing to the I.os Angeles City Water company during the year commencing July 1, 1897, and erdlng June SO, IS9S, by reason of tho action of the city in fixing rates to be collected by the water company for supplying water to the Inhabitants of said city, nt less than the amount fixed as the minimum rates in the contract of July 22. 1868.

between the city of Los Angeles and President Beaudry, Solomon Lasard and John S. Griffin, and assigned to tha Los Angeles City company. The rates were fixed by ordinance of the city council of Los Angeles In February, 1597, and established the rates to be collected for the year commencing July 1, 1597, and ending June 30. 1898; and which ordinance was In violation of said contract; and the Los Angeles City Water company was damaged thereby in the diminution of its receipts from water rates. $103,000.

The other demand is for 44,604.50, designated as the amount lost by the company In the period from July 1. 1890. to June 30, 1897, In consequence of tho operation of a rate ordinance. The city having nppenied from Wellborn's decision, council will. Of course, approve the finance committee's recommendation that the demands be denied and the company will Immediately brir.g a suit to recover the amounts.

Thus Is another piece of water litigation merrily on its way. BRADSHA PROTESTS Contends That Water Dumped on Furrey Tract Is Not All His T. T. Bradshnw, owner of certain lots fronting on Orange street between Witmer and Vernon streets, and against the drainage water from which Major W. C.

Furrey has been endeavoring to obtain relief, has decided to a hand in tho matter himself. At the board of public works meeting on Friday. Major Furrey presented such argument as led the board to reoemmenr the closing of the drainage pipe which carries the water from Brad- Shaw's property and dumps it open the Furrey tract, two blocks below. This action was really grounded en the representation that the water originated on Bradehaw's property and was therefore his responsibility. Mr.

Bradshaw wears another pair of glasses and consequently sees things differently. Yesterday he filed a protest and cross-petition, in which he objects to closing of the drain pipe in question and gently hints that proper action in the mattor at this time will save large costs to the city and great detriment and trouble. He contends that while a part of the aceumu latioii of water jt due to the presence cf a flowirg spring on his irtr. much nf it comes from drainage of a natural ravine which begins as far a- Temple street, and for which he is in no tvi- ft responsible. His protests insists that the in question, together with certain culverts under Stlxth, Beventh and Orange streets, were- tint hi by the city for the very purpose of carrying the water ir this ravine and that its stoppage will result in material damage to his property nnd that of people further north.

Council If therefore petitioned to prevent the stopping of the drain pipe and the consequent damage. WILL EXAMINE ITS MERITS Girls' Industrial School Not Yet Granted a Donation From Council Mrs. Mary B. Threlkcld was before finance committee yesterday to favorable action on her petition for a monthly donation to the Btlmson-Lafayette Industrial school. She stated that the school Is now supported wholly by private donations which cannot entirely bo depended upon from month to month.

This vacillating condition of the institution's finances prevents Its healthy growth and oft-times forces a sudden retrenchment which ls disastrous to well-laid plans for advancement. It was unfed that the school Is a private affair In no sense of the term nnd Is therefore as much entitled to In $nu hell's distribution of charity as other enterprises of a similar character. The finance committee look the mafteT under consideration nnd will Investigate the merits of the case- before makkiga report. The petition asks for $40 per month or any other sum. TBe committee- will recommend npproval of the bond of nlie Cerrlllos Coal company and the auditor's weekly report.

Protests and Petitions J. W. Bell and others enter a protect against the opening and extension of Boy street to Santa Fe avenue, as petitioned for by Stratton and others. The protestants contend that proposed Improvement Ib not a public necessity at this time, and furthermore that it is sought merely for the convenience of a few. W.

G. Baylle. Francis Bates and others petition the city council for the Improvement of Vallcjo street from Avenue 21 to Workman street by grading, graveling, curbing and the construction of a five-foot cement sidewalk. French Reed state to council that on account of delay on the part of other contractors in putting In culverts, they have been prevented from beginning work on the Improvement of the intersection of Fifth and Hill streets. An extension of sixty days' time ls therefore prayed for.

Street Superintendent Drain approving of such extension. Auditor's Trial Balance At the close of business yesterday the city auditor's books showed the following condition of city funds: Overdrafts, cash fund. salary, fire department, new water, general park, Fast Angeles park, Westlnke park. park. Echo park, Klyelan park.

nursery park. street lighting, street sprinkling, $10,677.76. Balances, common school, library, outfall sewer, general sewer, redemption, $1695.39. The treasurer's balance, according to the auditor's books. Is $316,777.09.

THOMPSON WAS GUILTY Confessed That He Mutilated a Horse. Now in Jail Evidently frightened by the array of new evidence aguinst him. Oliver Thompson, the boy charged by H. Fisher, a Junk peddler, with maliciously mutilating his horse, yesterday before Judge Owens withdrew his plea of not guilty and made a clean breast Of affair. He seemed to be greatly affected by his position and asked that he be dealt wtth as lightly as possible.

Tha court then proceeded to give Mm a lecture on his apparent depravity, telling him that boy who would cut a dumb animal would wind up his career in the penitentiary If he did not mend his ways. He was given a suspended sentence, of ISO fine or fifty days In the city Jail, with the understanding that If he was ever brought befor him again she court would order him to serve the full sentence. Shortly after Thompson, accompanied by his family and a friends, left the station 1n high spirits. After reaching his home, which ls near that of Fisher, he could not refrain from going over to the Junk peddler's residence and crowing a little over his escape, Fisher did not take this notice in the spirit that Thompson expected, but at once rushed off and secured a police officer and had the boy taken to the station, where, in all probability, he will remain for some time to corns. Misdirected Mail A recent order Issued by the department Instructs postmasters to hereafter "correct and forward to its known destination any matter of the first class which comes to his offico.

through obvious mistake of sender In addressing." P. Chronls, fruit dealer, was arrested yesterday on North Spring street for violating tha sidewalk ordinance. He was taken to court by Officer he pleaded not guilty and had his trial set for Monday. COLLEGE BOYS MEET ON TIE GRIDIRON University of Southern California and High School Play a Tie Game at Athletic Park About 600 people took advantage of the pleasant weather yesterday afternoon and gathered at Athletic park to watch the football elevens of the university and the high school wrestle for honors en tho grid- Iron, The college boys, confident of easy victory, played a number cf substitutes, thus destroying tram play. On either hand, the.

lighter team from the high school played well tore'her and put up a good, Sltappy As a result, neither side scored, and the 'varsity eleven had hard worK to prevent a score being against them in the seeend hslf. (Irorn kicked off at p. and the high school hoys carried hall back to their 40-yard line. r. S.

C. took thl brill on downs and slowly forced the pigskin to hlrrh school's 2-yard 11 Haddock making fine gains. The hall was fumbled, NEWS OF THE RAILWAYS HEAVY FREIGHT SHIPMENTS EMBARRAESS THE ROADS Santa Fe Officials Take Measures to Trains and Personals Both Of the overland routes from this city to the east are having grvot trouble In handling the large amount of freight that ls being offered every day. The situation has reached a degree amounting almost to a freight blockade on the Santa Fe, while tho Southern Pacific cannot get oars enough to meet the demands of shippers. Yesterday a conference between the general officers of the Santa Pacific line and Division Master Mechanics W.

A. McGarvln of Winslow and P. C. Allen of Needles, and Superintendent of Machlnry C. Smith of Albuquerque was terminated and those, officers returned to their homes.

The outcome of the discussion was not made public, but it ls well understood that the men will have to redouble their efforts to handle the freight, promptly ami prevent collection of trains cm the side tracks for want of motive jwwer. There will havo to be a decided addition, ft Is thought by those who should know, to supply of locomotives of the Santa Fe Pacific, while tho shops are turning out box cars as fast as the men oamput them together. The Southern Pacific is better supplied with power, but has a shortage of cars, so that none, are allowed to stay idle a moment, and shippers are obliged to unload under high pressure. This all means wealth for the fanners and the roads, for of the shipments east are of California products, which have been, or will be sold at a good price. Notes and Personals News was received in this city yesterday that R.

Hobart, for many years past editor of the Hallway Age, has resigned that position and has gone Into the real estate business In Chicago. Mr. Hobart was the starter of railway Journalism. A number of tho general passenger and ticket agents of the coast will attend the annual convention of the National association to be held in Detroit on the 18th Inst. The main paper of the meeting will be one read by Chairman Caldwell of the Western Passenger association, whose subject will be the "Benefits Derived from Passenger Traffic association." The Terminal road is hauling a trainload of stone daily from tho company's quarry at Millard's canyon.

The stone is being dumped all along the river levee. The company is also bringing to the city Large consignments of decomposed granite from the same place, to be used for street paving purposes. A new combination coach ls about ready to be turned out of the Terminal's shop for use on the Mount Lowe branch of the road. It will have baggage and ladies' compartments, as well as a smoking room with a capacity for sixteen. It will be finished In a very comfortablo style, and will be In service next week.

H. L. McGlnnlss, an employe of tho Santa Fe shops at San Bernardino was injured on Thursday by having a 600-pound gripdstone fall on his legs, crushing them severely. The first fast-hound limited will leave San Francisco on November 20. General Freight Agent Chambers of tho Santa Fo is expected back from a trip to Albuquerque today.

F. B. Parko, chief clerk la the office of the general freight agent of the Santa Fe A HOT RUSH ON THE TEN-YARD LINE and Wynn In the next scrimmage run through the I. P. C.

left tackle for twenty yards. several more rushes. Wynn kicked for twenty-five yards. s. C.

fumbled on the next down, and the high school boys got the ball. Tho half soon ended on tho (J, S. 35-yard line. Ir. the second half Wynn kicked the leather for gf.

yards. I'rlc-stly ran It back 10 school's hall on fumble. TJ. s. C.

regained the pigskin on 25-jrard line. Oreen punted for 30 yards, Knnlcs downing Netlhart In his tracks ns he caught the spheroid. Munday circled the right end for 2ft yards. Bosbyshsll ran around tho left side for 15 yards more. K.

braced up and got the ball on downs. Clrorn kicked It outride for a 18-yard gain. H. S. carried It back by slow rushes to S.

B-yard V. S. C. ball on downs. Haddock made ll yards through left tackle, LOS ANGELES HERALD: SUNDAY MORNING, OCTOBER 16, Pacific, has been advanced to place of auditor of the Oulf Colorado asd Santa branch of Santa Fe system.

Mr. Parke was formerly chief for Auditor Whitehead of Santa when he was auditor of the Southern California. M. A. Vawles, president of the Santa, Monica motor railway, will leave soon for a vacation visit to Honolulu.

BARKER'S OPENING A Big Store and a Big Stock of Furniture Yesterday was a gala day at the new of Barker 420-04 South The live-story building was crowded with people who admired lis varied and beautiful fleora. which represent with Its furniture all the varied needs suggestive of home and camfort. The opening of this new store with Its warehouse gives 91,000 square feet of floor, every foot of which Is used to advantage. Eighteen years of successful business In Los Angeles, a business built up by keeping faith with Its thousands of patrons; hy keeping of the times; by keeping the best that ample capital and a watchful, wideawake policy could rroeure, are the elements whichTiave contributed to make this store today the finest of Its kind on the coast. The basement of the new store ls filled with secretaries, bookcases and library outfits.

The first floor oevupled with ffcnoy furniture, the balcony wlrh chatrs. the second fleor wfth carpets and draperies, the fhtrd with parlor furniture. Tha fourth ls devoted to bedroom furniture; fifth floor with office furniture. The Seventh regiment orchestra rendered select music, while souvenirs in the shape of handsome 3S-page magaslnes were distributed. CATHOLIC ORPHANS' FAIR Closed last Evening After a Successful Week The Catholic orphans' fair that has been In progress at Turnvereln hall during the week closed last evening with a larger attendance than any precsding since the opening.

While sales not been as Rvely and, the voting as numerous as Is usual on such occasions, it ls expected that the net receipts will amount to a handsome turn in sggregsts. The Carlo booth 'has been the drawing sard of the fair, and Mrs. l)e Cells and Mrs. Dr. Smith have kept things lively and have done a thriving business.

Every other ticket drew a prize worth more than the price asked and proved an allurement that few Visitors could withstand. Goods remaining unsold were auctioned off last evening and the bidding was lively. Fred Eaton made his customary annual donation yesterday to the orphans' fair fund. Jacoby Brothers donated a handsome gold-headed cane that was disposed of by vote. The sale and drawing of kept up to a lata hour.

ATTEMPTED SUICIDE 1 Hiram Waugh, a Civil War Veteran, Takes Morphine Hiram Waugh, a veteran of fh'e civil war and an inmate of Soldiers' home at Monica, made a second, which may prove successful, attempt to take his life in a lodging house on South Main street yesterday afternoon. He rented a room In the Drexel lodging house Friday evening and retired shortly midnight. About 2 oclock yesterday afternoon Clerk Muncy went to his room and found the old man lying unconscious on the bed, with an empty morphine bottle on the pillow near him. He was removed at once to the receiving hospital, where he recovered sufficiently to give his name and acknowledged thst he, tried to put himself out of the way. He again feil Into a stupor and began to sink rapidly.

For over four hours Police Surgeon and Knoles added 10 yards more In the same place. U. S. C. went slowly up the gridiron, and the half ended the ball In the possession of the 'varsity boys on their own 40-yard line.

The teams lined up as follows: U. S. (1. High School Holland center Miller Hlnman right guaed Janss Ballot! left Norman Williams right tackle Rces I'riestly left tackle Wlxon KnoVs right end Steams Er.yeart left end Canfleld Wright quarter back Neuhart Wilson right half Bosbyshell Haddock left, half Munday Green fullback Wynn Referee, Thomas Hasklne; umpire, W. F.

Lloyd; linesmen, C. B. Christy and Joe Amestoy. Hagan battled to keep life in the body and finally succeeded In getting htm over the danger point. There Is little or no hope of his ultimate recovery, however, as he seems to be in a very unhealthy condition in other respects.

He stated that he was tired of living and thought the best thing he could do was to die. HIGHWAY ROBBERY Charles Carson Held to Answer to the Superior Court Charles Carson, who was arrestee! Friday night for snatching a sack of money from Conductor C. J. Smith of tho East Side electric line, while the latter was counting his change near the Baker Mock. was held to answer to the superior court yesterday by Justice who placed his bonds at S2OOO.

While the Justice court considered the evidence against Carson sufficient to hold him to answer, there ls a strong probability that he may be released In the higher court for lack of evidence. So far there has been no "witness who saw Carson snatch tha sack. This, with the fact that when he was arrested there was no money found on his person, is considered a possible loophole out of which Carson may escape. With these facts In view the prosecution has decided to dig up if possible as much of Carson's back history as will prove detrimental to his reputation. Little or nothing ls known of him In the elty, as he arrived here last Monday.

According to 14' own testimony, Carson has led a rolling sort of a life, never stopping long enough In one place to be Identified with It. A PIONEER PASSES Death of Henry King, Once City Chief of Police Henry King, ex-chief of police of Los Angeles, who has been a resident of the South Beach, Santa Monica, for several years, died last night from a stroke of paralysis. Mr. King already partially paralyzed, and had a brother several years ago from the same cause. Mr.

King was well known to many of the older residents of the city, but of late years had retired from public life nnd lived very quietly. His death will be sincerely mourned by many old friends. Occidental College Wins Tho Occidental 0011086 football eleven went out to Azusa yesterday In a txllyho to do battle with the team from the Citrus nnloa high school. The game waSicaflecl at 2:30 oelook. Occidental made one touchdown In the first halt and two In the second.

Cromwell succeeded In kicking two out of the three, goals, making the score 17 to 8. The beet plays were made by D. Cromwell, A. Gordon of the Occidental, and E. Bradley and Gordon of the Amisa team.

The line up was as follows: Occidental. Position. Azusa. Sprague Center Bouldln Martin Fairbank Browning Stressley Ells Smith Rldeout Beardslay Chapln West Salisbury Blakey Cox Quarter Clarke Gordon C. Gordon Stressley Torrey Full Back Bradley Police Court Notes It was a quiet day In tho police court yesterday, owing to the unusual calm all along the line in criminal matters.

Charles Marabell. who beat a crib woman with a rock, was found guilty by Justice Owens and given a sentence of 120 or twenty days. The prisoner willing enough to pay tho fine, 'but owing Phej Incapacity of hla pocketlMjf.k he the day feature of his sentence. The court remarked, when he viewed the fhal Marabell was lucky that he escaped the chaTge of assault with a deadly weapon. The charge of disturbing ths peace against Angelo Caldera was dismissed for lack of evidence.

Caldera was arrested Wednesday for throwing furniture around In his saloon near the Mrs. De Garmo Cams Back Mrs. Harriet M. de G-at-mo cf 625 Mhple avenue, who w.ts reported yesterday to have disappeared from her horns last Thursday morning, and who it was feared had committed suicide, returned at last evening and went about her business as though nothing had happened to break the even tenor of her way. When questioned regarding her whereabouts during the three days of her absence, she refused to mako any statement.

Mrs. de Oarmo Is an Invalid and with Mr. Ross and family. She Is about S3 years of age and has been acting strangely for some time past. When she first come to the etty two years ago she stated that her husband was In Texas, but durtrt; all the she has been here he has never visited her.

Water Arbitrators The water arbitrators yesterday morning sent a letter to Col. Mendell summoning him to Join them not later flhan October 15. After conference with the attorneys for both sides It was determined that the board of arbitrators shall begin tatting evldsnce about November 10. Prior to that time they will make personal Investigations of ths premises. Messrs.

Kayes and tlealey will spend the time pending Col. Msndell's arrival In collecting all possible data. The Current Events Club The Current Events cluh met Saturday mors lng with Mrs. Gxlpln at South Broadway. About fifty members were present.

Much Interest was taken In the first subject, opened for it lng a biographical sketch of the rulers of the leading European countries. A collection of prints of many distinguished men of political prominence was on exhibition, manji of them being identified by the club members at a glance. The Omaha exposition, with the episode of President MeKlnley's visit was discussed. The free lecture system of New York, as set forth In the October Cosmopolitan, received attention, as well as the work and alms of the Zionists, and the present complications of the situation In China, Mrs. Domingues Dead Mrs.

Josefa Domlngues, one of the original founders of the Pueblo de Los Angeles, died yesterday at the home of her daughter, Mrs. M. S. de Sanchez. Mrs.

Domlngues was born In IMO and passed her whole rtfe in this section. The funeral will be held Monday morning at 10 oclock. Mr. and Mrs. Lyman A.

Craig have removed to their new residence at No. 803 Thirtieth street, where Mrs. Craig receives on the first and third Wednesdays each month. JOHN PHILIP SOUSA writes: When worn out, I find noth. so helpful as a class of Vln Harlani.

To brain-workers and those who expend a great deal nervous force, It Is Invaloa- Die. JOHN PHILIP 30USA. From the Surjeon-in-Chief of the French Army During; long, marches, our soldiers and officers found Instant relief from fatigue and hardships when uslcg the marvelous tonic YIN MARIANI; It prevented fevers' and sickness In the marshy and unhealthy LIBERMANN, M. Surgeon-in-Chlef Frer.eh Army. "When Worn Out" JOHN PHILIP SOUSA The Well-Known American Composer.

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28-30 MARCHING OF ENGLISH SOLDIERS. (Reprinted frem The London Sketch.) General Sir Evelyn Wood rsyi: "Regarding ths Infantry marching, it was the best seen during mv command at AlOrshot, or 1 wss first stationed there twentyeight ago. Many officers availed themselves of the ttinic and "SP. 5 i i Mt properties of the well-known MARIANI WINE, the most certain as well as mos' palstsble method ef Inducing resistance te fittgue." Jacoby Bros. Retail and Wholesale Clothiers and Shoers 128 to 138 North Spring St.

We've Too Many ijSL Fall Suits And we've the prices with the ifff intention of getting rid of all I ii surplus tomorrow. I 9 Every suit is a model for style I son's prevailing fashions, highly I tailored throughout. All $7.50 Fall Suits A Qmm 1 are cut tomorrow I 11 And all $12.50 Qmm A Drive in Hats (That Breaks all Records) And every one of them the latest Fall and Winter styles and they are all cut from $2. $0 to Derbys Fedoras In brown, black Hector and hazel In the latest shapes and shades In shades, trimmed in silk trimming, pearl, gold, brown, seal brown, hazel handmade throughout and black. Men's Fall Pants (Prices Cut a Third Tomorrow) In Cheviot or Cassimeres, cut and tailored as to the newest fall concep- tions.

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