anaheim-gazette 1915-08-19
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CHARGES ACTION OF H. S. BOARD ILLEGAL
C. E. STERN, OF THE HAWLEY-KING CO., PROTESTS AGAINST PURCHASE OF FEDERAL TRUCK
DECLARES PRESIDENT ANGELL IS AGENT FOR CAR, AND ALL OTHERS WERE DEBARRED FROM BIDDING
Charging that the motor truck which the Anaheim high school board proposes to purchase, had already been selected and was being manufactured when the formality of receivning bids in response to an advertisement was carried through at a special meeting Saturday night, C. E. Stern, agent for the Hawley-King company of Los Angeles, declared at the meeting that the action of the board was illegal, and his company would test the matter in the courts. Only two bids were submitted, one by the Kissel Kar branch at Los Angeles, and the other by Hawley, King & Company. The former offered a Federal car, corresponding to the specifications for $2385 Hawley station for their services. The board has confidence in that committee and when a Federal truck was recommended a Federal truck was advertised for, because it was believed to answer the purpose for which it was wanted.
Mr. Stern also cited, as comparison, the action of the Fullerton high school board, which recently purchased two trucks and received numerous bids in answer to their advertisement.
"Yes," said Mr. Angell, "they purchased two trucks, and the Morelands which they bought were being constructed for them before the bids were open. I recommended a Federal for our purpose and always will recommend the Federal. I never would recommend your truck."
After leaving the room Mr. Stern stated that he was on his way to the district attorney's office. The proceedings of the board, he declared were a direct violation of the law, and his company intended to test the matter in the courts. The bids submitted Saturday night were merely filed and will probably be acted upon at the next regular meeting of the board. Messrs. Angell, Goodale and Winters were the only members present Saturday night.
The board is purchasing a truck for the purpose of carrying pupils to the high school to and from the Cypress and Magnolia districts. The Chase truck, offered by Hawley, King & Company is a two-ton machine, carrying 36 passengers. The Federal has a capacity of one and one-half tons,
ROY CHALLENGE MUST AVOID TO COURT
In his preliminary fore Justice Cox at Roy Charleston, for the Graham Furniture held to answer to on the charge of his bond was fixed Anna Charleston, his Laura B. Gardner, and he was released Deputy District prosecuted the case of Anaheim, and He appeared for Charleston cution introduced an eye map rocker, princess dresser, chair, a fumed oak
in response to an advertisement was carried through at a special meeting Saturday night, C. E. Stern, agent for the Hawley-King company of Los Angeles, declared at the meeting that the action of the board was illegal, and his company would test the matter in the courts. Only two bids were submitted, one by the Kissel Kar branch at Los Angeles, and the other by Hawley, King & Company. The former offered a Federal car, corresponding to the specifications, for $2385, Hawley-King company's bid being on a Chase, the price of which was $2575. Mr. Stern stated that his company did not expect to secure the contract as the specifications precluded everything but the Federal car, but a bid was submitted merely as a foundation for future action. Mr. Stern read the advertisement inviting bids, which, in part, is as follows:
"The Anaheim Union High school invites bids on a Federal motor truck, equipped with a thirty-five passenger body. The specifications for a chassis to correspond to the printed specifications of the Federal one and one-half ton worm drive truck. It is to be guaranteed for a carrying capacity of thirty-five passengers, and sufficient power for such a load."
Stern declares that E. E. Angell, president of the high school board, is local agent for the Federal truck. Mr. Angell and S. D. Winters were appointed as a committee by the board to examine the various trucks on the market before the advertisement asking for bids was published, and give the trustees the benefit of their findings before the truck was purchased, but Stern charges that their investigations extended only to the Federal car. He claims they passed by the door of the Hawley-King establishment where motor trucks were on display without stopping to examine them, and furthermore he declares it as his opinion that the committee had no intention of recommending anything but the Federal truck. The board, he says, had no authority under the law for accepting the recommendation of the committee which precluded all companies but one from submitting bids under the advertisement.
"On learning that you wanted a truck," said Mr. Stern, "we believed that all companies would be on an equal footing in competing for the sale. We supposed you would go into the open market and purchase what you considered tae best. Our first surprise came when we saw your adver"
EQUALIZATION BOARD
REDUCES ASSEMENTS
Assessor's Figures Cut Down $10,700
On Five Pieces of Property
The board of equalization cut down the assessor's figures on five pieces of property last week, reducing the total assessment $10,700. According to the city clerk's figures the total assessment of non-operative property this year was fixed at $2,107,965, against $2,049,355 last year, being an increase of $58,610. The reduction made by the equalization board leaves a net increase of $47,910. The operative property, not including the railroads, is assessed at $72,465, an increase of $1600 over last year, when it was $19,865. The following reductions were made by the board:
J. D. Lavin, 9½ acres northeast corner Los Angeles and South streets. Reduced from $800 to $600 per acre.
M. C. Allen and Mrs. Charles W. Kreilwitz, 20 acres southeast corner Orange and Santa Ana streets. Reduced from $600 to $450 per acre.
Fred Hess and Jacob Witmer, 9½ acres on northeast corner of West and Center streets. Reduced from $1000 to $600 per acre.
Pauline Brunworth, 6 acres northwest corner Center and East streets. Reduced from $1000 to $833 per acre.
J. H. Brunworth, 20 acres southeast corner Sycamore and Orange. Reduced from $400 to $350 per acre.
ANAHEIM AUTO DEALER
RACES WITH RUNAWAY
F. S. Luce, Saxon Agent, Tries to Head off Oil Tank at Yorba
F. S. Luce of the firm of Luce and Ackerman, automobile dealers, is the man who made the spectacular race with the runaway oil tank from Olinda to Yorba two weeks ago. Mr. Luce will probably be acted upon at the next regular meeting of the board. Messrs. Angell, Goodale and Winters were the only members present Saturday night.
The board is purchasing a truck for the purpose of carrying pupils to the high school to and from the Cypress and Magnolia districts. The Chase truck, offered by Hawley, King & Company is a two-ton machine, carrying 36 passengers. The Federal has a capacity of one and one-half tons, but carries the same number of passengers.
Deputy District prosecuted the case of Anaheim, and He appeared for Charleston introduced an eye maple rocker, princess dresser, chair, a fumed oak or seat, and a fumed saddle seat. These been found by the home of J. M. Pickett and were brought to Mr. Granam identify property, that they have his store, but no rever been made. Mr. Pickering, who for had purchased most Charleston, a number however, having been Miss Hazel Pickett Charleston was engaged Mrs. Pickering gave number of cancelled man given Charleston the articles.
An entire truck lumber furniture were taken Saturday from the direction of Mr. Koog been found at the home on Kroeger street, home, and at Fuller value is estimated and all it is alleged from the Graham store. The young man was employee of the company in Mr. Graham's enquiry, 1914, and had up. Mr Graham had ticles for months, respect Charleston unage. A table, the laurel Charleston proved happened that Mr. G set up this particular and found it missing.tae employees revealed it had been delivered house. As there was purchase Mr. Graham with the officers andrant was issued.
Omann., Deputy District sel and Mr. Graham Charleston home andthe table but numerowhich the young manthe store and for whi
On learning that you wanted a truck," said Mr. Stern, "we believed that all companies would be on an equal footing in competing for the sale. We supposed you would go into the open market and purchase what you considered the best. Our first surprise came when we saw your advertisement. Naturally this surprised us. We supposed it was to be an open competition, but it developed that this was not the fact. The news is common property in Los Angeles that the truck for which you advertised is already being built. My company, nevertheless, concluded to stay in the fight and see the end of it. When I mentioned the situation to Mr. Goodale, a member of the board, he was surprised, but stated the matter was in the hands of Mr. Angell. On being interviewed Mr. Angell acknowledged that he had investigated the Federal car. I challenge any man to say whether this is an honest proposition. It is illegal. The law states, where public money is being expended in this manner, that you shall go into the open market and give all competitors an opportunity to bid. You have violated the law in precluding others from bidding on this machine."
Prof Hauck stated that when it was found desirable to purchase a truck a committee was appointed to investigate the several machines on the market. There is a man on the board, he said, who is familiar with autos, and he was appointed on the committee. The committee made several trips to Los Angeles, each man paying his own expenses, as the members of the board receive no compensation.
F. S. Luce, Saxon Agent, Tries to Head off Oil Tank at Yorba
F. S. Luce of the firm of Luce and Ackerman, automobile dealers, is the man who made the spectacular race with the runaway oil tank from Olinda to Yorba two weeks ago. Mr. Luce was driving a Saxon car, and a Mr. Crawley was a passenger with him. The road on which they were driving was a quarter of a mile from the track, and was very rough. Mr. Luce saw the car shortly after it started. It was then behind him, and foreseeing danger ahead he speeded up and made a heroic effort to beat it to Yorba. Notwithstanding the bad roads he declared he broks all speed laws, but the runaway flashed past him at a rate of probably 60 miles per hour, and dashed onto the main line nearly two minutes before he reached it.
Had the road been paved Mr. Luce thinks the race would have been more even, but he was handicapped by chuck holes and bumps, and was compelled to be cautious. Others who saw the car make an effort to derail it, but it was shooting like a rocket down the grade, and they were compelled to let it pass carrying death with it.
Mrs. Alice Ryan Kennedy and daughter Miss Beryl will return on Sunday from a two weeks' stay in San Francisco.
Mrs. Mary Jones and three daughters of Central City, Nebraska are visiting at the home of C. P. J. Johnson.
The officers then did young man had been over the Southern Pickering family at Graham and the two with a truck and brook which Mr. Graham leased these was a birdseye set, valued close Charleston had present El Pickering, his flat articles had been paid for ering, and she presented checks. They were able to Charleston, whom himself and failed turns to the furniture.
Later a quantity of men at the home of Mrs. Fullerton. That lady she states that she Charleston and he paid of house furnishings, suspicion that they were Charleston was first petit larceny charge, being the only county Judge Howard fixed him and his mother depose with the judge. A hail on July 27 and the order to Justice Cox's court notoriety given to it h
Anaheim, California, Thursday, August 19, 1915
ROY CHARLESTON MUST ANSWER TO COURT
BOUND OVER IN SUM OF $1000 TO APPEAR ON GRAND LARCENY CHARGE
YOUNG MAN CHARGED WITH STEALING FURNITURE FROM EMPLOYER IS HELD FOR TRIAL
In his preliminary examination before Justice Cox at Santa Ana Monday, Roy Charleston, former employee of the Graham Furniture company, was held to answer to the superior court on the charge of grand larceny, and his bond was fixed at $1000. Mrs. Anna Charleston, his mother, and Mrs. Laura B. Gardner, signed the bond and he was released.
Deputy District Attorney Koepsel prosecuted the case while H. G. Ames of Anaheim, and H. C. Head of Santa appeared for Charleston. The prosecution introduced as evidence a birdseye maple rocker, a birdseye maple princess dresser, a birdseye maple chair, a fumed oak rocker with leather arrest and a charge of grand larceny placed against him, his bond being fixed at $1000.
Charleston and his mother both declare that all the goods found in their house had been purchased and paid for. It was a heterogeneous mass of stuff including tables, chairs, bedsprings, bedsteads, mattresses, curtains, rugs, window curtains, lamps, settees, wall paper, paints and almost everything handled in a furniture store.
ANAHEIM ARTIST PAINTING WAY OUT OF JAIL
H. R. WOOD SPREADING LANDSCAPE SCENES ON WALLS OF MAYOR SEBASTIAN'S OFFICE
IS HELD ON CHARGE OF MISDEMEANOR, BUT WILL BE RELEASED ON COMPLETION OF WORK
Mayor C. E. Sebastian of Los Angeles, is having his office decorated in artistic style with mural paintings, and
COURT DEGIDES LAW WAS NOT VIOLATED
ARMOUR PACKING COMPANY ACQUITTED OF CHARGE OF SELLING SHORT WEIGHT BUTTER
COUNTY SEALER McPHEE DECLARES HE WILL NOW HOLD LOCAL DEALERS RESPONSIBLE
According to the testimony introduced in Justice Howard's court Monday, the laws of nature are responsible for a violation of the laws of California. The Armour Packing company was on trial for selling short weight butter to J. D. Rasmussen of this city, but the company had expert witnesses on hand to prove that the amount of shortage was the result of natural shrinkage caused by evaporation of water in the butter after it had passed into the hands of the retailer. On the 30th day of June George McPhee, county sealer of weights and measures, found a consignment of butter in Rasmussen's market, shipped by
Deputy District Attorney Koepsel prosecuted the case while H. G. Ames of Anaheim, and H. C. Head of Santa appeared for Charleston. The prosecution introduced as evidence a birdseye maple rocker, a birdseye maple princess dresser, a birdseye maple chair, a fumed oak rocker with leather seat, and a fumed oak rocker with saddle seat. These articles had all been found by the officers at the home of J. M. Pickering at Hollywood, and were brought back in a truck. Mr. Graham identified them as his property, that they were taken from his store, but no returns of sale had ever been made. Mr. and Mrs. J. M. Pickering, who formerly lived here, had purchased most of the goods from Charleston, a number of the pieces, however, having been presented to Miss Hazel Pickering, to whom Charleston was engaged to be married. Mrs. Pickering gave the officers a number of cancelled checks which she has given Charleston in payment of the articles.
An entire truck load of articles of furniture were taken to Santa Ana Saturday from the city hall under the direction of Mr. Koepsel. These had been found at the home of Charleston on Kroeger street, at the Pickering home, and at Fullerton. The total value is estimated at more than $1000, and all, it is alleged, had been stolen from the Graham store by Charleston. The young man was a trusted employee of the company. He had been in Mr. Graham's employ since January, 1914, and had rapidly climbed up. Mr. Graham had been missing articles for months, but did not suspect Charleston until three weeks ago. A table, the last thing taken by Charleston, proved his undoing. It happened that Mr. Graham wanted to set up this particular table himself and found it missing. Enquiry among the employees revealed the fact that it had been delivered at Charleston's house. As there was no record of its purchase Mr. Graham communicated with the officers and a search warrant was issued. Officer Phil Germann., Deputy District Attorney Koepsel and Mr. Graham went to the Charleston home and not only found the table but numerous other articles which the young man had taken from the store and for which, the proprietor was on charge of grand larceny, and his bond was fixed at $1000. Mrs. Anna Charleston, his mother, and Mrs. Laura B. Gardner, signed the bond and he was released.
Deputy District Attorney Koepsel prosecuted the case while H. G. Ames of Anaheim, and H. C. Head of Santa appeared for Charleston. The prosecution introduced as evidence a birdseye maple rocker, a birdseye maple princess dresser, a birdseye maple chair, a fumed oak rocker with leather seat, and a fumed oak rocker with saddle seat. These articles had all been found by the officers at the home of J. M. Pickering at Hollywood, and were brought back in a truck. Mr. Graham identified them as his property, that they were taken from his store, but no returns of sale had ever been made. Mr. and Mrs. J. M. Pickering, who formerly lived here, had purchased most of the goods from Charleston, a number of the pieces, however, having been presented to Miss Hazel Pickering, to whom Charleston was engaged to be married. Mrs. Pickering gave the officers a number of cancelled checks which she has given Charleston in payment of the articles.
An entire truck load of articles of furniture were taken to Santa Ana Saturday from the city hall under the direction of Mr. Koepsel. These had been found at the home of Charleston on Kroeger street, at the Pickering home, and at Fullerton. The total value is estimated at more than $1000, and all, it is alleged, had been stolen from the Graham store by Charleston. The young man was a trusted employee of the company. He had been in Mr. Graham's employ since January, 1914, and had rapidly climbed up. Mr. Graham had been missing articles for months, but did not suspect Charleston until three weeks ago. A table, the last thing taken by Charleston, proved his undoing. It happened that Mr. Graham wanted to set up this particular table himself and found it missing. Enquiry among the employees revealed the fact that it had been delivered at Charleston's house.
As there was no record of its purchase Mr. Graham communicated with the officers and a search warrant was issued. Officer Phil Germann., Deputy District Attorney Koepsel and Mr. Graham went to the Charleston home and not only found the table but numerous other articles which the young man had taken from the store and for which, the proprietor was on charge of grand larceny, and his bond was fixed at $1000. Mrs. Anna Charleston, his mother, and Mrs. Laura B. Gardner, signed the bond and he was released.
Deputy District Attorney Koepsel prosecuted the case while H. G. Ames of Anaheim, and H. C. Head of Santa appeared for Charleston. The prosecution introduced as evidence a birdseye maple rocker, a birdseye maple princess dresser, a birdseye maple chair, a fumed oak rocker with leather seat, and a fumed oak rocker with saddle seat. These articles had all been found by the officers at the home of J. M. Pickering at Hollywood, and were brought back in a truck. Mr. Graham identified them as his property, that they were taken from his store, but no returns of sale had ever been made. Mr. and Mrs. J. M. Pickering, who formerly lived here, had purchased most of the goods from Charleston, a number of the pieces, however, having been presented to Miss Hazel Pickering, to whom Charleston was engaged to be married.
Mrs. Pickering gave the officers a number of cancelled checks which she has given Charleston in payment of the articles.
An entire truck load of articles of furniture were taken to Santa Ana Saturday from the city hall under the direction of Mr. Koepsel. These had been found at the home of Charleston on Kroeger street, at the Pickering home, and at Fullerton. The total value is estimated at more than $1000, and all, it is alleged, had been stolen from the Graham store by Charleston.
The young man was a trusted employee of the company. He had been in Mr. Graham's employ since January, 1914, and had rapidly climbed up. Mr. Graham had been missing articles for months, but did not suspect Charleston until three weeks ago. A table, the last thing taken by Charleston, proved his undoing. It happened that Mr. Graham wanted to set up this particular table himself and found it missing. Enquiry among the employees revealed the fact that it had been delivered at Charleston's house.
As there was no record of its purchase Mr. Graham communicated with the officers and a search warrant was issued。 Officer Phil Germann., Deputy District Attorney Koepsel and Mr. Graham went to the Charleston home and not only found the table but numerous other articles which the young man had taken from the store and for which,the proprietor was on charge of grand larceny,and his bond was fixed at $1000.Mrs.AnnaCharleston,hismother,andMrs.LauraB.Gardner,signedthebondandhewasreleasedinHollywood,andwere broughtbackinatruck.Mr.Grahamidentifiedthemsashproperty,theyweretakenfromhisstorebutnoreturnsofsalehadeverbeenmade.Mr和Mrs.J.M.Pickering,theformerlylivedhere,hadpurchasedmostofthegoodsfromCharleston,anumberofthepieceshowever,havingbeenpresentedtoMissHazelPickering,towhomCharlestonwasengagedtobemarried.Mrs.PickeringgavetheofficersanumberofcancelledcheckswhichshehasgivenCharlestoninpaymentofthearticles.
An entire truck load of articles of furniture were taken to Santa Ana Saturday from the city hall under the direction of Mr.Koepsel.These had been found at the home of Charleston on Kroeger street,at the Pickering home,and at Fullerton.The total value is estimated at more than $1000,and all,it is alleged,had been stolen from the Graham store by Charleston.
The young man was a trusted employee of the company.He had been inMr.Graham's employ sinceJanuary,1914,andhadrapidlyclimbedup.MrGrahamhadbeenmissingarticlesformonths,但didnot suspectCharlestonuntilthreeweeksago.Atable,thelastthingtakenbyCharleston,provedhisundoing.它 happenedthatMr.Grahamwantedtosetupthisparticulartablehimselfandfounditmissing。EnquiryametheemployeesrevealedthefactthatithadbeendeliveredatCharlestonshouse.AtherewasnorecordofitspurchaseMr.Grahamcommunicatedwiththeofficersandasearchwarrantwasissued.OfficerPhilGermann.,DeputyDistrictAttorneyKoepselandMr.GrahamwenttotheCharlestontomeandnotonlyfoundthetablebutnumerousotherarticleswhichtheyoungmanhadtakenfromthestoreandforwhich,theproprietorwas onchargeofgrandlarceny,andhisbondupisfixedat$1000.Mrs.AnnaCharleston,hismother,andMrs.LauraB.Gardner,signedthebondandhewasreleasedinHollywood,andwere broughtbackinatruck.Mr.Grahamidentifiedthemsashproperty,theyweretakenfromhisstorebutnoreturnsofsalehadeverbeenmade.Mr和Mrs.J.M.Pickering,theformerlylivedhere,hadpurchasedmostofthegoodsfromCharleston,anumberofthepieceshowever,havingbeenpresentedtoMissHazelPickering,towhomCharlestonwasengagedtobemarried.Mrs.PickeringgavetheofficersanumberofcancelledcheckswhichshehasgivenCharlestoninpaymentofthearticles.
An entire truck load of articles of furniture were taken to Santa Ana Saturday from the city hall under the direction of Mr.Koepsel.These had been found at the home of Charleston on Kroeger street,at the Pickering home,and at Fullerton.The total value is estimated at more than $1000,and all,it is alleged,had been stolen from the Graham store by Charleston.
The young man was a trusted employee of the company.He had been inMr.Graham's employ sinceJanuary,1914,andhadrapidlyclimbedup.MrGrahamhadbeenmissingarticlesformonths,但didnot suspectCharlestoonuntilthreeweeksago.Atable,thelastthingtakenbyCharleston,provedhisundoing.它 happenedthatMr.Grahamwantedtosetupthisparticulartablehimselfandfounditmissing。EnquiryametheemployeesrevealedthefactthatithadbeendeliveredatCharlestonshouse.AtherewasnorecordofitspurchaseMr.Grahamcommunicatedwiththeofficersandasearchwarrantwasissued.OfficerPhilGermann.,DeputyDistrictAttorneyKoepselandMr.GrahamwenttotheCharlestontomeandnotonlyfoundthetablebutnumerousotherarticleswhichtheyoungmanhadtakenfromthestoreandforwhich,theproprietorwas onchargeofgrandlarceny,andhisbondupisfixedat$1000.Mrs.AnnaCharleston,his母亲,andMrs.LauraB.Gardner,signedthebondandhewasreleasedinHollywood,andwere broughtbackinatruck.Mr.Grahamidentifiedthemsashproperty,theyweretakenfromhisstorebutnoreturnsofsalehadeverbeenmade.Mr和Mrs.J.M.Pickering,theformerlylivedhere,hadpurchasedmostofthegoodsfromCharleston,anumberofthepieceshowever,havingbeenpresentedtoMissHazelPickering,towhomCharlestonwasengagedtobemarried.Mrs.PickeringgavetheofficersanumberofcancelledcheckswhichshehasgivenCharlestoninpaymentofthearticles.
An entire truck load of articles of furniture were taken to Santa Ana Saturday from the city hall under the direction of Mr.Koopsel.These had been found at the home of Charleston on Kroeger street,at the Pickering home,and at Fullerton.The total value is estimated at more than $1000,and all,it is alleged,had been stolen from the Graham store by Charleston.
The young man was a trusted employee of the company.He had been inMr.Graham's employ sinceJanuary,1914,andhadrapidlyclimbedup.MrGrahamhadbeenmissingarticlesformonths,但didnot suspectCharlestoonuntilthreeweeksago.Atable,thelastthingtakenbyChar瑟styleditshowethatheopenedthecaseandtestedthebutter.onthe30th.ofJune。Heweighedthe packages separatelyandinbulkandfoundthemapproximatelyhalfanounceshort.Everypackageheweighedfellshortofthe16ouncesrequiredbylaw。
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The officers then discovered that the young man had been shipping goods over the Southern Pacific to the Pickering family at Hollywood. Mr. Graham and the two officers went up with a truck and brought back a load which Mr. Graham identified. Among these was a birdseye maple bedroom set, valued close to $100 which Charleston had presented to Miss Hazel Pickering, his fiance. Other articles had been paid for by Mrs. Pickering, and she presented the cancelled checks. They were all made payable to Charleston, who had cashed them himself and failed to make returns to the furniture company.
Later a quantity of goods was found at the home of Mrs. Dusenberg at Fullerton. That lady is an artist and she states that she sold pictures to Charleston and he paid her in articles of house furnishings, but she had no suspicion that they were stolen.
Charleston was first arrested on a petit larceny charge, the stolen table being the only count against him. Judge Howard fixed his bond at $300 and his mother deposited the cash with the judge. A hearing was held on July 27 and the case transferred to Justice Cox's court owing to the notoriety given to it here. He was re-
Between Our Playgrounds and Our Harbor and where it will be plainly seen when the door leading into the inner office is closed, the Mayor plans to have painted a group of the newspapers of the city, all to be labeled Our Newspapers.
Over one door in this outer office appears the word "Prosperity;" over another is "Happiness," and over the one which leads to the inner office is "Welcome."
To enter the Mayor's inner office, one must pass through a room occupied by his secretary and his stenographer, where one sees a large illuminated text: "Except the Lord keep the city, the watchman waketh but in vain."
Wood has been absent from Anaheim three weeks, but his acquaintances had no knowledge of his whereabouts: His wife, who is managing the business, has engaged a painter to keep the work going until he returns. What the nature of the charge against him is nobody knows, but there is a belief among his friends that Mayor Sebastian may have had him shanghailed in order to have a capable man on hand to do his decorative work in an artistic manner. Two weeks ago a Los Angeles paper published a squib to the effect that H. R. Wood an Anaheim sign painter, had been sun over by the patrol wagon and so seriously injured that it was necessary to take him to the receiving hospital. Perhaps, therefore, he was charged with obstructing the police in the discharge of their duty. At any rate Timou, Jones, who is declared by friends to be H. R. Wood, the Anaheim sign painter, is decorating the walls of Mayor Sebastian's headquarters with beautiful scenic designs, and making them packages were weighed in the presence of the court and found to be 11-16ths of an ounce short. Mr. McPhee testified that he opened the case and tested the butter on the 30th of June. He weighed the packages separately and in bulk and found them approximately half an ounce short. Every package he weighed fell short of the 16 ounces required by law.
Superintendent Hill of the Armour company's butter department, gave testimony to the effect that he weighs and puts up the shipments himself, and that every pound of butter leaving the establishment is full weight when it is shipped. He weighed and put up the shipment to Rasmussen and declared that it was full weight when it left the house.
R. E. Case and R. O. Byrne, expert creamery men, were also placed on the stand to testify as to the amount of shrinkage in butter within a given length of time. They both declared that fresh butter contained about 16 per cent water, and that the shrinkage from evaporation would amount within 72 hours to three-eighths or half an ounce per pound. According to Mr. Byrne's testimony, after 72 hours there is practically no shrinkage.
No argument was presented by the attorneys on either side. After Mr. Byrne, of the Crescent Creamery company had given his testimony, declaring that all butter shrinks for 72 hours after it is manufactured. Attorney Gibson rested his case stating he would submit it without argument.
tae most artistic set of public offices in the country.
It is reported on later information that the Los Angeles liquor was too strong for Wood, and after imbibing a glass he started to create a rough house, in consequence of which the police gathered him in.
DEGIDES WAS NOT LATED
COMPANY ACCHARGE OF SELL-ART WEIGHT BETTER
McPHEE DEVILLL NOW HOLD DEALERS CONSIBLE
The testimony intro- Howard's court Mon-nature are responsi- of the laws of Cal-mour Packing com- for selling short J. D. Rasmussen of company had expert to prove that the age was the result of caused by evapor- the butter after it the hands of the rea day of June George dealer of weights and consignment of but- market, shipped by Mr. Rasmussen was put on the stand for the purpose of proving to the sat-isfaction of the court that the butter was his property before it was shipped into Orange county, and that the shortage occurred while it belonged to him. The prosecuting attorney did not care to make an argument consequently at the close of the testimony the court rendered a decision to the effect that the defendants were not guilty, and dismissed the case.
This is the first case in which dealers prosecuted by McPhee for short weighting of customers have escaped. One Los Angeles firm, after an adverse decision in the lower court, appealed to the superior court where the case is still pending. Mr. McPhee declares he has tested butter from other Los Angeles dealers in the markets of Orange county and found it full weight. Speaking of the decision of the court, he said:
"The court decided that there was no case against the defendant and so the prosecution fell to the ground, but the fact remains that the butter found by me in possession of the Anaheim retailer was short of the weight represented at least one-half ounce to the pound including the parchment wrapper, and if the judgment of the Anaheim court is to govern, the people of Anaheim in the future will be forced to accept just what the Los Angeles butter dealers see fit to give them."
The outcome of this case however, will not deter me from endeavoring to
COURT'S RULING AFFECTS MANY CITIES
CITY COUNCIL PASSES NEW RESOLUTION CLOSING UP IN PART OF WEST BROADWAY
PRELIMINARY STEPS TAKEN TO CALL BOND ELECTION FOR ERECTION OF NEW CITY HALL
At the meeting of the city trustees on Thursday night Attorney Ames informed that body the District Court of Appeals of Sacramento, in a case taken on appeal, in relation to street work in a northern city, held that the same had been invalidated, inasmuch as thirty days did not elapse after the passage of the "resolution," before proceeding with other legal requirements pertaining to that work. This decision, it is claimed, upsets much street work in every city in the state, except in those operating under a charter. It has been the custom of all city attorneys in the past to proceed with such street work without
present Tuesday
him were Geo. B.
of the Armour company office, R. H. Hill,
department, R. E.
Erne, expert creamutor Koepsel and
also on hand and
rights and measures
short weight but
confiscated, in court
once. Some of the
hed in the presence
to be 11-16ths
Mr. McPhee tested the case and
in the 30th of June.
packages separately
found them approxience short. Every
dell fell short of the
by law.
kill of the Armour
department, gave
the fact remains that the butter found
by me in possession of the Anaheim
retailer was short of the weight represented at least one-half ounce to the
pound including the parchment wrapper,
and if the judgment of the Anaheim court is to govern, the people of
Anaheim in the future will be forced
to accept just what the Los Angeles
butter dealers see fit to give them.
"The outcome of this case however,
will not deter me from endeavoring to
abate the short weight evil, and if the
retailers persist in accepting shortweight goods I shall be forced to take
direct action instead of trying to protect them as heretofore.
"According to the sworn admissions made in this case, the butter dealers are allowed to put somewhere between fourteen and nineteen per cent of water and salt in their butter and this would seem a handsome margin of profit without short weighting the consumer from half an ounce to two ounces as has been done in the past. Even at the comparatively small shortage of half an ounce to the pound, which means one cent per pound when butter is selling at the low rate of 32 cents per pound, the possible annual loss to the consumer in the state of California is the nice little sum of about six hundred thousand dollars, as according to the report of the state dairy bureau, there was manufactured last year in this state, exclusive of butter imported from Australia and New Zealand and that received from Oregon and several of the butter producing eastern states, close to sixty million pounds of butter."
Mr. McPhee is emphatic in his declaration that it is his duty, by reason of his office, to protect the people of Orange county from dealers in commodities who seek to short weight their customers. If the jobbers at Los Angeles secure immunity by region of strained construction by an attorney or a fine interpretation of the law, then the dealer who handles their products must pay the penalty. The law defines a pound as sixteen ounces, and when a customer pays for a pound and receives only fifteen and one-half ounces, somebody has swindled him. If the jobber in Los Angeles is not the guilty party, then the retailer in Anaheim is the man and he must be held responsible. He has tested the butter shipped in by other firms in the city and found that it was either not of the shrinkable kind or else the jobber made allowance for work in a northern city, held that the same had been invalidated, inasmuch as thirty days did not elapse after the passage of the "resolution," before proceeding with other legal requirements pertaining to that work. This decision, it is claimed, upsets much street work in every city in the state, except in those operating under a charter. It has been the custom of all city attorneys in the past to proceed with such street work without waiting for thirty days to elapse after passage of a "resolution," which the District Court of Appeals holds is incorrect.
The northern case has been taken to the state supreme court for a rehearing.
Locally the decision affects the proceedings taken by the city council in the closing up in part of West Broadway.
Guided by former procedure, a resolution was passed by the council on February 26 of this year, to that effect, but other legal phases of the matter were carried on without awaiting the lapse of thirty days after the passage of the resolution.. In the meantime word comes of the decision of the District Court of Appeals of Sacramento, necessitating going over the work again.
Consequently a new resolution providing for the closing up in part of West Broadway in this city was adopted by the council.
There were preseent Trustees Cook, Hamler, Stark, Schneider and Brunworth, and Attorney H. G. Ames.
The following officers' reports were received and filed:
Marshal's Report
Collected for licenses ... $1086.75
Rate Collector's Report
For light ... $1730.95
For water ... 1572.40
Total ... $3303.35
Delinquents Collected
For light ... $94.80
For water ... 187.95
Penalties ... 14.85
Total ... $297.60
Delinquents Reported
For light ... $76.85
For water ... 195.35
Total ... $272.20
Sewer Inspector's Report
Applications received ...
Fees collected ... $10.00
Paid city ... $6.00
Mr. McPhee testified the case and in the 30th of June, packages separately found them approximately short. Every fall short of the by law.
All of the Armour department, gave effect that he weighs shipments himself, and of butter leaving full weight when weighed and put up as full weight when it shrinkage is presented by the side. After Mr. Creamery commits testimony, derived shrinks for 72 manufactured, Attend his case stating without argument.
of public offices later information was liquor was too and after imbibing to create a rough piece of which the in.
Mr. and Mrs. J. J. Dwyer are entertaining Mrs. James Calvin and daughter, Miss Clair Calvin of Connecticut who are in California on a sight seeing trip. Mrs. Calvin is a sister of Mr. Dwyer. Mr. and Mrs. Dwyer have been showing their guests all the points of interest in this vicinity, visiting Catalina and nearby beach resorts last week. On Monday the party motored to Pasadena to see the famous Busch gardens.
J. B. Neff has the thanks of the editorial household for a basket of luscious peaches.
For water ... 181.50
Penalties ... 14.85
Total ... $297.60
Delinquents Reported
For light ... $76.85
For water ... 195.35
Total ... $272.20
Sewer Inspector's Report
Applications received ... 4
Fees collected ... $10.00
Paid city ... $6.00
Fees for collecting ... $4.00
Plumbing Inspector's Report
Plumbing applications ... 8
Gas applications ... 2
Fees, plumbing ... $2.15
Fees, gas ... 2.10
Total ... $9.25
Recorder's Report
Number cases violation:—
Section 1, Ord. 94 ... 2
Section 2 ... 10
Fines collected ... $25.00
City Clerk's Summary
Cash in general fund ... $5930.26
Library ... 735.34
Fire apparatus fund ... 219.65
Fund No. 3 ... 526.50
Fund No. 4 ... 1710.00
Fund No. 5 ... 637.50
Fund No. 6 ... 191.20
Fund No. 7 ... 2025.00
Fund No. 8 ... 204.75
Drinking fountain ... 500.00
Balance in treasury ... $10,049.34
Superintendent of power house reported fourteen electrical permits granted and fees collected amounted to $17.50. That official also reported the water and light connections made and meters installed.
Superintendent of streets made daily reports on how and where city teams were engaged during the month, including grading and oiling of streets.
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