anaheim-gazette 1916-12-28

CANNOT, ENFORCE BREAD WEIGHT ORDINANCE ATTY-GEN. WEBB HOLDS THAT COUNTY SEALERS ARE POWERLESS TO FIX PENALTIES STATE SUPERINTENDENT WILL APPEAL TO LEGISLATURE FOR AMENDED LAW State Superintendent of Weights and Measures, Charles G. Johnson, has issued the following letter to the county sealers of the state. Five of the county sealers, including George McPhee of Orange county have already had ordinances passed fixing the weight of loaves at 12 and 24 ounces, but according to an opinion of Attorney General Webb they are powerless to impose a penalty for violation thereof. Mr. Johnson has sent a copy of the opinion to all sealers of weights and measures, accompanied by a letter which says: "The attorney general holds that it does not lie within the power of an administrative officer to declare an act a misdemeanor where the legislature has not expressedly so determined. He further holds that while Section 6 authorizes the superintendent to fix a standard weight of bread when baked in loaves, that the exercise of such power does not prohibit sales of bread in a manner other than in accordance with the standard fixed by the state superintendent. Francisco, Los Angeles, Orange, Riverside and Imperial. "The excellent purpose, which was obtained as the result of the rigid enforcement of this standard, was in a large degree due to its uniform enactment throughout the state. Under the present conditions, where the manufacture of bread has the privilege of exercising his option as to the weight of same in all counties of the state excepting those five counties mentioned, it is apparent that the enforcement of the standard under local ordinance discriminates and places a burden upon the manufacturers of bread doing intercounty business, placing that at a competitive disadvantage. "The standards as fixed under amended opinion of November 8th stand as fixed and established. I have earnestly appealed to the baking industry of the state to maintain them, and I make this appeal to the public, in the interest of their own welfare, to support these standards. "At a conference with the representatives of the baking industry of the state, a tolerance in deficiency of the fixed standard of two ounces was requested. This I refused to grant. The extension of this tolerance would be a sacrifice of a standard of right, and a violation of the policy of this department as a public service institution. The extending of this tolerance would virtually mean the authorization of a ten ounce standard. The ultimatum of the bakers was, however, to the effect that they would arbitrarily fix their own standards, which, under the present conditions, this department is unable to prevent. "There is approximately a million loaves of bread manufactured and sold by the bakers of the state each day. By reducing the standard weight from 12 to 10 ounces is a reduction of two ounces per loaf, which on one million loaves amounts to a re-" ORANGE COUNTY COND Refuse to Acc Under Orange county except lands regents law as secreta have declared and have pass the measure. A called me County Banker in the directorate County Saving Santa Ana, forering the law. Men who have the law spoke to gave the banker observations. herty of Los Angeles law and M county working law defended him. Both of the tails of the last points from there was bankers from city, and after pro and con, taking resolution. Whereas, the title law approvision November untried and until the suppression of California and, Whereas, so been registered said act and owner are ing their titles. Whereas, sued may be off ange county ad "The attorney general holds that it does not lie within the power of an administrative officer to declare an act a misdemeanor where the legislature has not expressly so determined. He further holds that while Section 6 authorizes the superintendent to fix a standard weight of bread when baked in loaves, that the exercise of such power does not prohibit sales of bread in a manner other than in accordance with the standard fixed by the state superintendent. "From this opinion I conclude that while the superintendent is empowered to fix a standard, the effect of such standard is intended to enable the seller and the purchaser to sell bread according to this fixed standard if they so desire, and that it is not intended to limit the sale of bread in accordance with the standard fixed. "This opinion from the attorney general restrains the superintendent from the exercise of the powers necessary to effectively enforce the standard weight of bread as fixed in amended opinion issued under date of November 8th, until such time as the legislature may amend Section 6 to provide that the sale of any commodity, produce or article sold otherwise than in accordance with the standards fixed by this department shall constitute a violation and fix a penalty for such violation. In fixing the standard weight of bread, your superintendent was fully conscious of the purpose and effect of his act. In this matter, like in others, he firmly held that the spirit governing any law, which is made for the welfare of the people, is of greater importance than the technical application of the law. As authority in superintending the enforcement of the weights and measures laws, I have endeavored to view them in the most logical and practical sense. "The exercise of the powers extended to the superintendent under Section 6, in fixing a uniform standard weight of bread, was, in my opinion, a fulfillment of the intent and purpose of this provision, and the act of the superintendent being performed in accordance therewith, that such act was sustained by the provisions. I have held that a violation of any act performed by the superintendent in the fulfillment of this provision was punishable by the penalty provided for under Section 38, which reads, "Any person violating any of the provisions of this act shall be guilty of a misdead." BOARD OF TRADE EXPRESSES THANKS The Anaheim board of trade wishes to extend its thanks to all who voluntarily assisted in the creation of the municipal Christmas tree and at the exercises Saturday night, and to those who contributed so liberally to the same. Also thanks are extended to the newspapers of the city and to the local theaters for their assistance and generous aid. R. E. CORCORAN, Chairman A. BAYLISS, F. K. GRESSWELL, GEORGE BISHOP, Committee. EVANS OBJECTS TO WHOLESALE LEGISLATION Thinks the Fewer Laws Coming Session Passes, the Better for State a fulfillment of the intent and purpose of this provision, and the act of the superintendent being performed in accordance therewith, that such act was sustained by the provisions. I have held that a violation of any act performed by the superintendent in the fulfillment of this provision was punishable by the penalty provided under Section 38, which reads, "Any person violating any of the provisions of this act shall be guilty of a misdemeanor." Your superintendent has held that a violation of any regulation issued by him, based upon the authority prescribed under Section 6, was a violation of the law itself. "If the power of the superintendent was invalid in this respect, it may be contended that his powers to fix tolerances are also invalid. If such were the case, it would be impossible to make accurate inspection of weighing and measuring devices, and it would not be possible to establish a uniform system of weights and measures. "These contentions are logical conclusions of the intent and purpose of the Act, and have been adopted as the basis for a practical operation of the law. It has been my intention for many months past to recommend to the legislature the necessary amendments to clearly define the powers of the superintendent relative to the fixing of a uniform standard of weight, measure, or count. These amendments will be presented at the coming season. "Acting upon the instructions of this department, a number of county sealers have recommended and caused to be passed local ordinances fixing a standard weight for bread in accordance with the standards fixed by this department, and have provided penalties for the violation of such standards. These ordinances are now in force and effect in the following counties: San A. BAYLISS, F. K. GRESSWELL, GEORGE BISHOP, Committee. EVANS OBJECTS TO WHOLESALE LEGISLATION Thinks the Fewer Laws Coming Session Passes, the Better for State State Senator Evans doesn't believe in passing too many bills through the legislative hopper. "The fewer new laws, the better," declared the senator who represents Riverside, Orange and Imperial counties in the state senate. "I have very few bills in prospect, and I am hopeful that the legislature will not attempt to pass a large amount of legislation. "So far I have heard of no measures that directly concern Orange county. There has been some talk of one or two bills aimed to better drainage district regulations. A good deal of interest has been expressed in the proposal to secure a state appropriation for a farm school at Riverside. That measure has been urged more by organizations outside of Riverside than by Riverside organizations themselves. It got an impetus from the Parent Teachers Association of Southern California, and the fight is made upon the ground that Southern California has no farm school and it ought to have one." Senator Evans said that State Senator Lyman M. King of Redlands had made tentative arrangements for a gathering of senators and assemblymen representing Orange, Riverside, San Bernardino and Imperial counties, provided such a meeting seemed advisable after the meeting of Southern California legislators in Los Angeles. ANAHEIM GAZETTE—THURSDAY, Dec. 28, 1916 ORANGE COUNTY BANKERS CONDEMN TORRENS LAW Refuse to Accept Lands Registered Under it as Security Orange county bankers will not accept lands registered under the Torrens law as security for loans. They have declared the law a vicious one, and have passed resolutions against the measure. A called meeting of the Orange County Bankers' association was held in the directors' room at the Orange County Savings and Trust Bank, in Santa Ana, for the purpose of considering the law. Men who have made a deep study of the law spoke from opposite sides, and gave the bankers the benefit of their observations. Attorney Frank P. Doherty of Los Angeles spoke against the law and M. Purcell, who is in this county working in the interests of the law defended it. Both of the speakers went into details of the law and presented the points from their interpretation. There was a good attendance of bankers from all sections of the county, and after hearing the arguments pro and con, they adopted the following resolutions: Whereas, the provisions of the land title law approved at the general election November 3, 1914, are new and untried and are of uncertain legality until the supreme court of the state of California has passed upon them; and, Whereas, some parcels of land have been registered under the provisions of said act and it is reported that other owners are contemplating registering their titles; and, Whereas, such property so registered may be offered to the banks of Orange county as securities for loans or otherwise, therefore be. THE NEW GRAND Francis X. Hushman and Beverly Bayne will be seen tonight at the New Grand in "The Diplomatic Service." It is a story that brims with novel and striking situations through which runs a thread of romance, that grows stronger with each succeeding incident. The story was written by John G. Clymer and Hamilton Smith and was adapted for the screen by Mr. Bushman, who also directed the production. As the title obviously implies it is a colorful romance laid in diplomatic circles and Bushman took his company of players to Washington, D.C., where many of the interesting scenes were photographed. "The Price of Silence" will be shown Friday and Saturday nights and Saturday afternoon. In a popular magazine of wide circulation the story of "The price of Silence," written by W. Carey Wonderly, was originally printed only a few months ago. Thousands who then read the narrative will be interested in seeing a screen version, to compare with their own ideas of the many gripping situations in the story. It has been frequently demonstrated that photoplays made from popular fiction are superior in construction and interest to the imaginative output of the average scenario writer. "The Price of Silence" was a corking good story, and visuallized upon the screen it may be accepted as even better and more entertaining—and those who have not read the printed tale will be equally pleased with the picture story. "The Right to Be Happy" an adaptation from Dickens' interesting "Christmas Carol" will be shown Sunday and Monday, Dec. 31 and Jan. 1. Ebenezer Scrooge was the meanest man in London. For years he had would be better to apply a generally serviceable title to the work—and consequently "The Right to Be Happy" was selected as especially appropriate. Gregory's Royal Marine Band of 25 pieces will be at the Grand also on Sunday and Monday nights and Sunday matinee. If you like good music here is an opportunity to hear the best. E. R. WERDIN ACCUSES PROMINENT CITY OFFICIAL Openly Accuses Him of Graft in Letting Paving Contracts E. R. Werdin of the L. A. Paving company, is stirring up a hornet's nest in Los Angeles. In a cafe recently he openly accused a prominent official of grafting. According to a Los Angeles morning paper this is the way it happened: "You have been mixed up in a crooked deal, and I can prove it. I want you to know now that I think you are a double crosser. I will place my information before the grand jury and then something will happen." Shaking his fist in the face of a prominent official of the Board of Public Works in Harlow's Cafe a few days ago, E. R. Werdin, well-known paving contractor, hurled the above charge, and it was following this dramatic incident, it became known, that his accusations were made to Mayor Woodman and Deputy District Attorney Clare Woolwine. For a moment it appeared to a number of dinners and politicians that blows would be struck. Then several men jumped between Werdin and the official and a serious altercation was averted. The contractor continued to eat his lunch, but the city official left the cafe hastily. Mayor Woodman and Woolwine began vigorous investigations of the charges made to them by Werdin untried and are of uncertain legality until the supreme court of the state of California has passed upon them; and, Whereas, some parcels of land have been registered under the provisions of said act and it is reported that other owners are contemplating registering their titles; and, Whereas, such property so registered may be offered to the banks of Orange county as securities for loans or credits; now, therefore, be it, Resolved, by the Orange County Bankers' Association, that certificates of title issued in accordance with the provisions of said act, which is known as the Torrens Title Law, will not be accepted as evidences of title by the banks belonging to this association unless also accompanied by an unlimited certificate of title made by a responsible abstract or title company; and, be it further Resolved, that a copy of these resolutions be given the papers for publication. SAFETY FIRST for your insurance policy in case of fire. A safety deposit box in our vaults will give ample protection. You hold the key if you rent a safe deposit box in our vaults. The Anaheim National bank. Dr. M. M. Henderson, Dentist, Suite 1, Mullinix Bldg., Anaheim. Ebenezer Scrooge was the meanest man in London. For years he had made stocks, bonds and banknotes his religion. There was not an ounce of charitableness in his system; his heart was steel and his voice metallic as he snarled and barked at every man, woman and child he came in contact with. Christmas was his special abhorrence—he would have none of the cheer and good will of Yuletide. He lived alone, walked alone and everybody who knew him was mighty glad to leave him alone. Charles Dickens, of his wonderful imagination, created this man as the moving character in "A Christmas Carol" and Bluebird Photoplay assigned Rupert Julian to play the character in the screen version of the Dickens classic that is to be exhibited under the caption of "The Right to be Happy." Because the lessons and usefulness of 'A Christmas Carol' endure from day to day the year around, the producers of the screen version decided that it Woodman and Deputy District Attorney Clare Woolwine. For a moment it appeared to a number of diners and politicians that blows would be struck. Then several men jumped between Werdin and the official and a serious altercation was averted. The contractor continued to eat his lunch, but the city official left the cafe hastily. Mayor Woodman and Woolwine began vigorous investigations of the charges made to them by Werdin against an alleged "ring of contractors," the city engineer's office and a member of the Board of Public Works. For two weeks the feeling between Werdin and certain city officials has been bitter. It reached a climax when it became known that the contractor had lodged his complaint with the authorities. Werdin charges that a ring of paving contractors control all city work and that no "outsider" can successfully compete with them. He asserts that he has several specific instances as proof and charges that this system of freezing out contractors who do not belong to the ring is made possible by the aid of an official in the city engineer's office and through the active support of a member of the Board of Public Works. Werdin says that he recently bid upon the Eighth street improvement with four other contractors. It was disclosed, when the bids were opened, according to Werdin, that his was the lowest. But for some mysterious and unexplained reason all of the four bids were rejected and new ones called for. Then, he says, it was found that one firm had bid $400 lower than it did on the first bid. That this unusually low bid was put in with the knowledge of a city councilman for the purpose of barring him (Werdin) from further work, is one of the contractor's allegations. Dr. M. M. Henderson, Dentist, Suite 1, Mullinix Bldg., Anaheim. INCREASED POPULATION Population of the Pacific states—Washington, Oregon and California—increased nearly 25 per cent since 1910, the last census year—and 170,000 over 1915, according to estimates by the U.S. Bureau of the Census. Of the total 1916 population for the Pacific division of 5,308,616, Call- INCREASED POPULATION Population of the Pacific states—Washington, Oregon and California—increased nearly 25 per cent since 1910, the last census year—and 170,000 over 1915, according to estimates by the U. S. Bureau of the Census. Of the total 1916 population for the Pacific division of 5,308,616, California has 1,534,221 and Oregon 835,741 California's increase over 1910 was 542,275 and over last year 90,379. Los Angeles, the largest city on the Pacific Coast, increased its leadership of the last two years over San Francisco by more than 20,000. The estimated population of Los Angeles for 1916 is 503,812 against 475,367 in 1915 and 324,086 in 1910. San Francisco's population is figured at 463,516 against 546,009 in 1915 and 410,476 in 1910. WIND UP OF FAIR On New Year's day San Diego's exposition which has continued uninterruptedly for two years will be closed. The ceremonies will include the firing of a wonderful set piece, surmounted by the flags of all nations. Mme. Schumann-Heink will sing "Auld Lang Syne" as the lights go out at midnight. The program for the final week includes the following features: Thursday, John D. Spreckel's day and San Diego Writers' day; Friday, D. C. Collier day; Saturday, floral pageant by 250 school children, Alaska day and G. A. Davidson day; Sunday, Tommassino and Gasdia day. Our motto is Good Service and Courteous Treatment. We will be pleased to serve you. Anaheim National Bank. NEW GRAND THEATRE BEAUTIFUL SAFE AND SANITARY PLAYHOUSE PERFECT THE PRIDE OF ANAHEIM THE HOME OF "ALWAYS GOOD" SHOWS. THURSDAY, DEC. 28 FRANCIS X. BUSHMAN and Lovely BEVERLY BAYNE in a 5-Act Superb Wonder Play, "IN THE DIPLOMATIC SERVICE" Produced by Francis X. Bushman Two Night Shows—7:15 and 8:45 Regular Prices 10 and 15c FRIDAY & SAT., DEC. 29-30 SATURDAY MATINEE 2:30. Children 5c Bluebird Photoplays, Inc., presents DOROTHY PHILIPS and a Great Company of supporting Artists in 5-Act Emotional Drama "The PRICE of SILENCE" Also Two Reels of "LIBERTY" with MARIE WALCAMP Two Shows at Night—7:15 and 8:45 All Seats 10 and 15c DOROTHY PHILIPS and a Great Company of supporting Artists in 5-Act Emotional Drama "The PRICE of SILENCE" Also Two Reels of "LIBERTY" with MARIE WALCAMP Two Shows at Night—7:15 and 8:45 All Seats 10 and 15c SUN., Dec. 31--MONDAY, Jan. 1 MATINEE SUNDAY and MONDAY. 2:30 Sunday Night (New Year's Eve) continuous show from 7:00 to 12:00 o'clock MONDAY NIGHT Two Shows 7:00 and 8:45 TWO TREMENDOUS FEATURES GREGORY'S Royal Marine Concert Band 25 PIECES AND SOLOISTS Musical Vaudeville featuring the Wonder Soprano MISS GUSSIE VAN SUTZEN Greatest Musical Treat ever presented in Anaheim In addition the Beautiful 5-Reel Feature "The RIGHT TO BE HAPPY" Taken from Charles Dickens' Great Story Musical Vaudeville featuring the Wonder Soprano MISS GUSSIE VAN SUTZEN Greatest Musical Treat ever presented in Anaheim In addition the Beautiful 5-Reel Feature "THE RIGHT TO BE HAPPY" Taken from Charles Dickens' Great Story "A CHRISTMAS CAROL" This Beautiful Picture will come direct from Superba Theatre, Los Angeles. Come and see the Old Year out and the New Year in and hear this famous Band play the National Airs of the World. PRIGES—NIGHT 25c, 35c. Matinee 15c, 25c. Children—Matinee or Night, any seat, 10c Fighting for Blooded Horses: Two thoroughbred Kentucky stallions, blood relations of the famous Lou Dillon, who went a mile in 1:58% are sought by Attorney Birch, of San Diego. Birch represents a client by the name of Williams who has a bill of sale of the horses, but he is up against a sale under execution out of the superior court of this county. One of the stallions is named San Montell and the other is named Mirko. They were shipped to the coast from the blue grass region a year or so ago. At that time they were owned by P. W. Hodges. According to the San Diego attorney, Hodges gave a bill of sale of the blooded animals to his client in San Diego, though the horses were left in Hodges' possession in the hope of making an advantageous sale. Last August came a suit by Jessie L. Hodges, a niece of P. W. Hodges. She was represented by Attorneys W.R. Garrett of Orange and H. J. Forgg of Santa Ana. Sult was on two notes and judgment by default was given for $1529, plus interest and costs. Attachment papers had been issued, and the two stallions were put under legal bondage. After judgment, Miss Hodges gave a bond to Sheriff Jackson, and acting upon it the sheriff sold the two stallions to the highest bidder, a representative of Miss Hodges, for $600, leaving a deficiency judgment of $1205. Attorney Birch was in Santa Ana asserting that he was going to get possession of the stallions for his client. He may have to bring a court action to establish his claim. FOR SALE—Dry gum wood. J. J. Dwyer. Phone 67-W. 12-14-4t