anaheim-gazette 1912-10-10

TAFT ELECTORS DENIED PLACE ON BALLOT SUPREME COURT DECIDES THIRD PARTY NOMINEES ENTITLED TO REPUBLICAN DESIGNATION CHIEF JUSTICE BEATTY REFERNS CONTEMPTUOUSLY TO THE PRIMARY LAW The Supreme Court of California on Thursday denied the application of representatives of Taft presidential electors to place the names of those electors upon the official ballot in November. Inasmuch as Republicans declined the invitation of third party men to place names of Republican electors upon the ballot by petition, no Republican voter may cast his ballot for President Taft unless names of Republican electors are written in. The supreme court holds the Sacramento convention, which named third party electors, to be the legal Republican convention, and declared that the actions of the convention are not subject to review by the court. Chief Justice Beatty referred in contemptuous terms to the state primary law, but as no question as to its constitutionality was raised no decision was handed down upon this point. It is not probable an appeal will be taken, as in event of its being declared unconstitutional the legislature could be called together in special session and name presidential electors favorable to Roosevelt. Thus not only Republicans, but Democrats and Socialists as well would be discontrolled the actions of all of its integral parts in all of the states and territories, he said that the party in California placed its right of existence in the balance that is held by the supreme court. “If your argument was to be addressed to the highest tribunal of the Republican party, Mr. Rose,” observed Justice Angelotti, “there would be no answer to your contention that the principles of the national Republican party had not been adhered to or recognized by the Republican convention which met in Sacramento in September. But I doubt the jurisdiction of the court in this matter.” “I know of no other state in this Union that has a primary law such as the one in force in this state,” remarked Rose. Smiling broadly, Chief Justice Beatty said at this juncture: “There is no other such law, Mr. Rose, and it will probably be a long time before another one like it is enacted.” RICH WOMAN VICTIM OF DRUG Mrs. Anna Holman Charged by Relatives to Be Unable to Handle Estate That the drug habit, having its inception years ago with a physician’s prescription, has utterly unfitted Mrs. Anna E. Holman, sister of Colonel Oliver S. Hershman, Pittsburg millionaire, to look after her $50,000 estate, was testified to before Judge Rives in the Los Angeles superior court some days ago. Two petitions had been presented in the probate court pronouncing Mrs. Holman an incompetent and requesting the appointment of a guardian for her. The petitioners were Judge Frank Shanley of this city and P. E. Hatch, president of a Long Beach bank. Mrs. Holman acquiesced to the proceedings, but insisted that Judge Shanley be given control of her af- The constitutionality of the law was not in question. Taking their position before the court as petitioners, the Taff people could not raise the question. Following the decision of the court, they said that this action would be taken in another form after the general election in November. "It has always seemed to me," said Chief Justice Beatty, voicing what the nods of the other four justices sitting with him acknowledged to be their views also, "that if there is any question at all for the court to decide in this matter, it is a constitutional question. In this particular case, counsel agree that the constitutionality of the law is not involved, and that the petitioners have no interest in this regard. It is simply a question here of the law of the State of California." "The delegates to the Sacramento convention, having qualified as Republicans, could, under our laws, nominate the nominee of another party or any one they choose to nominate," interjected Justice Shaw. "What the delegates do after they assemble in convention is a matter that rests with their own consciences," added Justice Angelotti. "This convention, held on September 24, was a convention of Republicans," continued Chief Justice Beatty, "gathered together strictly in accordance with the law of this state. The delegates were duly qualified. They were chosen as Republicans, filed their certificates as such and by every test of the statutes became eligible to sit as members of the convention which was to select the party electors for California. "With this much, and with this much only, is the court concerned. What was done following this regular procedure is something that assumes the elements and character of a political question. We can only decide what is the law. "In my opinion, it is a very bad law. It disfranchises absolutely the voters was testified to before Judge Rives in the Los Angeles superior court some days ago. Two petitions had been presented in the probate court pronouncing Mrs. Holman an incompetent and requesting the appointment of a guardian for her. The petitioners were Judge Frank Shanley of this city and P. E. Hatch, president of a Long Beach bank. Mrs. Holman acquiesced to the proceedings, but insisted that Judge Shanley be given control of her affairs, as he had been a friend of the family since her childhood. Her mother, Mrs. Lucy Hershman, also favored the naming of Shanley. It was Mrs. Hershman who told of her daughter's weakness for opiates and the manner in which her daughter had become addicted to them. She said that at times Mrs. Holman had to be cared for as a child. Judge Rives proceeded to question the millionaire's sister and finally took the matter under advisement. Guy W. Holman, the husband, sought to have Hatch invested with the guardianship powers. It appeared in court he had patched up an estrangement which led his wife to create a scene in Judge Monroe's court a year ago by demanding that he try a suit she had filed for divorce. She was at that time carried from the room screaming loudly and scratching at several deputy sheriffs sent to escort her from the courtroom. It was shown in court Mrs. Holman has an income of about $3,000 from her personal estate, and that she receives in addition $20,000 a year from her brother. The latter is interested in the publication of newspapers and figures importantly in the iron and coal operations in Western Pennsylvania. JUDGE SHANLEY GUARDIAN Judge Rives, of the Los Angeles superior court, on Friday appointed Judge Frank Shanley to be guardian of Mrs. Holman. The latter is now at a sanitarium at Sierra Madre where she is in enfeebled health. HEARD MYSTERIOUS VOICES Fullerton Picks Up Wireless Message Sent by Long Beach Operator A story was published a few days ago telling how Mr. Battle of Fullerton heard mysterious voices and phonograph music on his wireless telegraph station at the Fullerton water plant. His receiving outfit showed that the sounds came from a distance of about 30 miles, but as Battle had no sending outfit, he could not locate the exact station which he believed was experi- With this much, and with this much only, is the court concerned. What was done following this regular procedure is something that assumes the elements and character of a political question. We can only decide what is the law. In my opinion, it is a very bad law. It disfranchises absolutely the voters of this state and deprives them of the free exercise of their functions as independent electors. As to the provision contained in it providing that holdover state senators may be qualified and are qualified to sit as delegates to help choose presidential electors, I see that one-third of the voters are positively without the right to express their free choice. In this case, I believe I am correct in the figures, the voters of 14 Democratic districts were disfranchised, the voters of six Republican districts were disfranchised. "It is not justifiable, but it is the law. I say again that it is a positive disfranchisement of the voters. If the law had been in force and effect when General Buckner and Bryan were candidates for the Democratic nomination, the Bryan voters could similarly have been disfranchised. This court, however, is bound by the law and as long as it is conceded by both sides that the law has been correctly interpreted here, there is nothing to do but sustain the demurrer of the attorney-general and deny the plea of the petitioners." During the argument made by Attorney Rose, in which he reviewed the history of the Republican party and claimed that its national committee Fullerton Picks Up Wireless Message Sent by Long Beach Operator A story was published a few days ago telling how Mr. Battle of Fullerton heard mysterious voices and phonograph music on his wireless telegraph station at the Fullerton water plant. His receiving outfit showed that the sounds came from a distance of about 30 miles, but as Battle had no sending outfit, he could not locate the exact station which he believed was experimenting on a wireless telephone aparatus. The story was read by Mr. Miller of Long Beach, who is making these experiments, and he called Mr. Battle up by phone and stated that he was making these experiments and had been at it for two or three weeks, but he was greatly surprised to learn that the voices and music had been heard so far away—in fact, he thought the sounds were caught only by the other plant in Long Beach. When Miller called up by phone Battle immediately recognized his voice as being the one he had heard in the experimental work, which had been carried on for days. Mr. Miller will come to Fullerton so that he can talk direct with his Long Beach office, 25 miles away. I. Fields and A. Launders, proprietors of a local pool room, were placed under arrest last week on a charge of circulating obscene literature. Complaint was sworn to by A. A. Mills of this city and Deputy District Attorney Koepsel of Santa Ana. The men were taken to Santa Ana where they deposited $25 cash bail each for their appearance in Justice Cox's court on October 31. SLEW HIS HORSE WHILE ENRAGED WITH SICKLE MEXICAN BROKE WHIP BEATING ANIMAL, THEN TOOK WEAPON AND FINISHED JOB SAID TO BE MENTALLY UNBALANCED AT TIMES AS RESULT OF SHOT IN HEAD Filliberto Yanez, a Mexican nut picker, camping at West Anaheim with his wife and four children, was on Thursday afternoon, sentenced by Judge Hasson, of Buena Park, sitting in Judge Howard's township court, to serve six months in the county jail for cruelly killing a horse which he was driving into town on Santa Ana street the day before. Yanez was intoxicated at the time, and while driving in on Broadway was seen by residents along that thoroughfare to be unmercifully beating the animal with a whip. Some time thereafter residents on Santa Ana street saw a similar proceeding on his part. When Yanez finally broke his whip he seized a sickle and began slashing the animal about the flanks and hips. The horse fell upon the railroad tracks and bled to death. Yanez threw the bloody sickle over a fence into a patch of weeks. He alighted from the buggy and walked to the home of a Mexican nearby. The affair occurred about noon. Marshal Kellenberger received two telephone messages, one from a resident of West Broadway, saying a Mexican was cruelly beating his horse in the street, the other from a Mexican woman living on Santa Ana street. IMPROVEMENTS AT PLACENTIA Kraemer Addition Soon to Add Many Building Sites to Growing Town Kraemer's addition to Placentia is the name of a new subdivision to be placed on the market in two or three weeks by Samuel Kraemer. The new addition will comprise two blocks lying east and along Bradford avenue, from Santa Fe avenue to Center street. Further blocks eastward will be placed on the market as rapidly as required. The subdivision is now being surveyed and the streets will be graded and cement walks and curbs will be put in. The cement sidewalks will be 10 feet wide and all improvements will be first-class. This addition will be sold as business lots, but they will have 50 foot frontage and restrictions placed upon them. Only brick or cement and concrete buildings will be permitted. The streets laid out will run parallel with Bradford avenue. Mr. Kraemer stands ready to erect a substantial fireproof two-story brick structure for a tenant at any time. The price for the lots has not been fixed as yet, but will naturally be much higher than that set upon the business lots in the original townsite, as this land is valued at about $1,500 per acre in its bare state. G. J. Johnson, Eastern multi-millionaire and proprietor of the G. J. Johnson cigar factories of Detroit, Mich., became the owner of a business lot in Placentia last week through the agency of Payne & Moode. Mr. Johnson was here simply looking over the country and the thriving new town of Placentia that has made such a marvelous growth the past year, looked so good to him that he promptly planked down $1,000 in spot cash for the business lot at the northwest corner of Melrose and Santa Fe avenue—the third block west of the Santa Fe depot. This lot is unimproved. This is the record price paid for a Placentia lot to date and sets owners slashing the animal about the flanks and hips. The horse fell upon the railroad tracks and bled to death. Yanez threw the bloody sickle over a fence into a patch of weeks. He alighted from the buggy and walked to the home of a Mexican nearby. The affair occurred about noon. Marshal Kellenberger received two telephone messages, one from a resident of West Broadway, saying a Mexican was cruelly beating his horse in the street, the other from a Mexican woman living on Santa Ana street, saying a Mexican was cutting his horse with a sickle. He sent Officer Germann to the scene. Germann jumped into Bill Kreuscher's auto and was soon at the spot where the horse was lying dead in the roadway. He found Yanez at the home of a Mexican and placed him under arrest. The bloody sickle was recovered by a Mexican lad and was used in evidence against Yanez at his hearing in court. As Judge Howard was ill in bed, Judge Hasson was summoned from Buena Park and drove over to try the case. Yanez admitted on the stand that he had been drinking heavily. He urged his horse with his whip and when he broke it became enraged and threw the sickle at the animal. The horse, at this moment, he said, reared up and received a slash, which Yanez said he did not intend to inflict. Yanez' story was rather diaphanous, and had little weight with the court. Toreveo Yanez, a brother of the accused, gave evidence showing that the latter was at times unbalanced mentally as a result of a shot in the head inflicted by a Los Angeles policeman in that city last April. Toreveo, while on his way home one night, was set upon by footpads who sought to rob him. He ran to his brother's house, the latter emerged from his home in response to his brother's calls. He met a policeman running up and supposing the officer to be one of the robbers was about to assault him when the latter fired. The bullet entered at the right side of the nose, coming out behind the ear. Toreveo said his brother had been in bed in consequence of the wound for many weeks. He gets out of his head occasionally, especially when drinking. Officler Germann testified to finding the dead horse on Santa Ana street, and making the arrest. Judge Hasson informed the accused that the law provided a penalty in such cases of not to exceed six months in the county jail, or a fine of not more than $500, or both. He thereupon sentenced Yanez to six months in the county jail. The wife and four chil- Placentia last week through the agency of Payne & Moode. Mr. Johnson was here simply looking over the country and the thriving new town of Placentia that has made such a marvelous growth the past year, looked so good to him that he promptly planked down $1,000 in spot cash for the business lot at the northwest corner of Melrose and Santa Fe avenue—the third block west of the Santa Fe depot. This lot is unimproved. This is the record price paid for a Placentia lot to date and sets owners of lots closer in to speculating on how much their lots, most of them improved, are worth today. This is Mr. Johnson's third visit to the coast and he had never taken time to look around over Southern California much before. He was greatly impressed with the rich territory tributary to Placentia and deemed it much better than that of any of the nearby towns. Mr. Johnson stands ready to build on the lot at any time and to suit the tenant. A. R. Frasier, manager of the Los Angeles branch of the G. J. Johnson Cigar Company, one of the largest cigar manufacturers in the country, and whose S. C. W. and El Portano cigars are well known to Placentia people, also purchased a lot on West Santa Fe avenue—lot 2, block H. This lot is across the street from Mr. Johnson's lot and a little further west. The purchase price was $525.00. Mr. Frasier has been coming to Placentia at pretty frequent intervals the past year or so and has noted the sure, substantial, yet rapid development of the "Town That Grows," and has utmost confidence in its prosperous and populous future. SUES TO BREAK GAS RATE Company Alleges It Is Losing Money In Orange at Present Rate The Southern Counties Gas Company of California has gone into the superior court in an attempt to break Orange's city ordinance fixing the gas rate at $1.15 per 1,000 cubic feet. Suit was begun last week by the gas company against the City of Orange, its Board of Trustees, and the individual trustees as members of the board. The superior court is asked to issue an order restraining the city from enforcing the present ordinance and compelling it to pass another ordinance giving a "fair rate," the amount not stated in the complaint. The complaint sets forth the fact that Santa Ana, Oronge, Anaheim and Fullerton are all served from the Santa Ana plant. It is alleged that the plant monthly delivers into the mains of the system 5,972,100 cubic feet of gas, WHITTIER IS HORSELESS TOWN Trustees Banish Livery Stables From Within Incorporated Limits Whittier went on record last week as the first horseless, muleless, burro-less city in Southern California. This unique addition to interesting annals was occasioned by Judge Craig upholding the official ban of the trustees against the stabling of beasts of burden within the limits of the community. The ban is in the form of an ordinance. Not until Thursday did W. C. Keen, a liveryman fighting its provisions, learn that not only did it forbid the sheltering of animals within 900 feet of churches and school houses, but "harboring them within the same distance of any residence other than that of their owner." This means that a man owning horses, mules or burros cannot stable them even on his own premises if it happens there is a house within 900 feet. It is freely predicted that stables will begin to "sprout like mushrooms" today on the outskirts of the city to accommodate the forbidden animals. Mater (at the Alpine resort)—We're back again, count; we've had a splendid day; we've been up the mountain, you know. Count—Ah, you English mothers, you are always as young as your daughters. Mater—You flatter me, count; it was only my girls who climbed. I went up in the vernacular. THURSDAY, October 10 FIRST NATIONAL BANK OF ANAHEIM States Depository for the Postal Savings System $50. Surplus and Undivided Profits, $52,000 Resources over $700,000.00 Directors: FRANK SHANLEY A. S. BRADFORD JOHN HARTUNG SAMUEL KRAEMER EDGAR. J. HARTUNG Cashier Facility consistent with Sound and Conservative Banking R CENT PAID ON TIME CERTIFICATES GE COUNTY WINE CO. WE KNOW U! U KNOW US! Reason why YOU should trade with US. Everybody’s doin’ it as & Bayha, Prop’rs 133 W. Center St., Anaheim J. W. UTTER, M.D. Office Hours, 2 to 4 p.m.: 7 to 8 p.m. Phones: Pacific 151J; Home 1712 Office at Residence 156 S. Los Angeles Street ANAHEIM, CAL. LEONARD EVANS Attorney-at-Law Special Attention Given Probate Matters Notary Public. 105 E. Center St. Pacific Phone 246J Anaheim, Cal. H. V. Weisel Roger C. Dutton WEISEL & DUTTON Attorneys and Counselors at Law Special Attention Given Probate Matters. German Language Spoken Notary Public 2d Floor Mullinix Bld Phone Main 110J Anaheim, Cal. F. C. SPENCER ATTORNEY-AT-LAW Notary Public Odd Fellows’ Block, Center Street Anaheim, Cal. J. JANSS, M.D. Physician & Surgeon 523 W. Center St., Anaheim Office Hours, 2 to 4 and 7 to 8 p.m. Both Phones Phones, Main 135 R Home 1401 DR. JOHN H. BOEGE DENTIST Office 200½ East Center St. Hours 9 to 12; 1 to 4 Evenings by Appointment Commercial Hotel FIRST-CLASS DINING ROOM U KNOW US! reason why YOU should trade with US. Everybody's doin' it as & Bayha, Prop'rs 133 W. 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HOLCOMB, Sec'y Treas. J. L. BEEBE H. A. JOHNSTON Business Manager; Miss L. R. Conklyn Head Nurse; Miss L. Balfour, Assistant Secretary. Phones, Main 135 R Home 1401 Dr. JOHN H. BOEGE DENTIST Office 200½ East Center St. Hours 9 to 12; 1 to 4 Evenings by Appointment Commercial Hotel FIRST-CLASS DINING ROOM AND BAR Handsomely Furnished Rooms Everything neat and clean A home for the Traveling Public A trial will convince JOHN ZIEGLER, Manager Business College SANTA ANA, CALIFORNIA A school where progressive thought is merged with sound business sense; where every teacher is a specialist, and every graduate makes a success. Enter any time. Write for free catalogue. Address President 117th East 4th SANTA ANA, CAL. O. A. HORN Agent for Brewbaker Distillate Oil Gas BURNER Phone 214R 606 Chartres St. SCHNEIDER BROTHERS Successors to F. W. FLEISCHMANN City Meat Market FRESH AND CURED MEATS OF ALL KINDS OLIVER HILL City Livery Stables Fashionable Outfits at Reasonable Rates SURGICAL STAFF ON, M. D. D. K, M. D. M.D., Pathologist. BURGFELD, oist BOARD OF DIRECTORS S. KRAEMER, Pres. W. M. WICKETT, Vice-Pres. C. E. HOLCOMB, Sec'y-Treas. J. L. BEEBE H. A. JOHNSTON Business Manager; Miss L. R. Conklyn Head Nurse; Miss L. Balfour, Assistant Secretary. 4 p.m. 7-8 p.m. Phones: Pacific 200; Home 221 Hours for Visitors: 2-4 p.m. Information cheerfully given by letter or phone. UTOMOBILES DARD-DAYTON EBAKER {E-M-F 30 FLANDERS 20 L KAR Demonstration at Your Pleasure P. J. Weisel & Co. and Placentia. Liners Will Bring Results FRESH AND CURED MEATS OF ALL KINDS OLIVER HILL City Livery Stables Fashionable Outfits at Reasonable Rates Griffith Lumber Co. South Los Angeles St. NEAR SOUTHERN PACIFIC DEPOT Lumber and Mill Work. Your patronage solicited SANTA FE—GOING NORTH Leave Anaheim Ar. Los Angeles 6:18 a.m. 7:15 a.m. 7:31 a.m. 8:23 a.m. 12:05 p.m. 1:00 p.m. 3:27 p.m. 4:20 p.m. 1:05 p.m. 5:05 p.m. 5:40 p.m. 6:30 p.m. 9:38 p.m. (Sunday) 10:30 p.m. GOING SOUTH Lv. Los Angeles Ar. Anaheim 7:15 a.m. 7:59 a.m. 9:10 a.m. 10:02 a.m. 1:15 p.m. 1:58 p.m. 3:00 p.m. 3:42 p.m. 5:20 p.m. 6:13 p.m. 11:59 p.m. 12:50 a.m. S. P.—GOING NORTH Leave Anaheim Ar. Los Angeles 7:14 a.m. 8:30 a.m. 12:44 p.m. 1:50 p.m. 3:41 p.m. 4:50 p.m. GOING SOUTH Lv. Los Angeles Ar. Anaheim 8:55 a.m. 9:57 a.m. 10:00 a.m. 11:02 a.m. 5:20 p.m. 6:22 p.m.