anaheim-gazette 1918-02-21

LIMITED TIME ON REFERENDUM PETITION ATTORNEY GENERAL WEBB DELIVERS AN OPINION ON CITY HALL CONTROVERSY ALL PETITIONS MUST BE FILED WITHIN THIRTY DAYS AFTER PASSAGE OF ORDINANCE The following letter from the office of Attorney General Webb was presented at the meeting of the city trustees Monday night during a discussion on the referendum proposition. It was written in response to an enquiry by Attorney Roger Dutton: San Francisco, February 12, 1918. Roger C. Dutton, Esq., Anaheim, California. Dear Sir:— I have before me your letter of the 7th inst., wherein you ask whether electors who registered after a referendum petition had been filed with the City Clerk demanding that a certain proposition be placed on the ballot for an election to be held April 8, 1918, in a city of the sixth class, would be eligible or qualified electors to sign an amended referendum petition within the ten day period allowed by law to file same in the event the original petition had been found short of the required number of names. You do not give me the date with respect to the final passage of the ordinance against which the referendum proceedings are invoked, nor do you give me the particular dates of the filing of the original petition, or close of December in each odd year be resorted to as a basis for signing petitions thereafter. Therefore if a petition was signed by sufficient registered qualified electors before January 1, 1918, it may, though certified to by the clerk after that date, be the basis of subsequent proceedings under the statute. But if it was not signed by the requisite number before January 1, 1918 it must fail for all purposes for it cannot be supplemented by a petition signed subsequently, as such persons would have to be registered under new registration which commenced January 1, 1918, in order to then sign any petition and as this would permit of a duplication of signatures it is not to be allowed. On the other hand any petition circulated after January 1, 1918, can be signed only by those persons who have registered since that date, and if it appears from the certificate of the clerk that such petition, treated as an original petition, is not signed by a sufficient number of persons qualified to sign the same, it may thereafter and within the proper time be supplemented by a supplemental petition signed by other qualified electors who have registered at any time since January 1, 1918, regardless of whether they registered before or after the first petition was circulated, or before or after the commencement of circulation of the supplemental petition, provided they were registered since January 1, 1918, and at the time that they signed such supplementation petition. But it is to be borne in mind that such petitions and supplemental petitions, with the signatures thereon, must all be filed with the clerk within thirty days after the final passage of the ordinance, which it is thereby sought to have suspended from going into operation. While it is permissible to file a supplemental petition to an original referendum petition, provided there is still time to do so within the thirty days-period, it is not permissible to file such supplemental petition after such thirty day period, though the ten day period after the certificate of the clerk to the original petition may not have expired. I would also direct your attention City Clerk demanding that a certain proposition be placed on the ballot for an election to be held April 8, 1918, in a city of the sixth class, would be eligible or qualified electors to sign an amended referendum petition within the ten day period allowed by law to file same in the event the original petition had been found short of the required number of names. You do not give me the date with respect to the final passage of the ordinance against which the referendum proceedings are invoked, nor do you give me the particular dates of the filing of the original petition, or the certificate of the clerk thereto, therefore I am compelled of necessity to treat your question in a somewhat general manner. Section 1 of the Act of January 2, 1912, providing for direct legislation by cities and towns, including the initiative and referendum, as amended in 1915, (States. 1915, page 319) provides with respect to referendum proceedings that an ordinance (with certain exceptions therein noted) shall not go into effect before thirty days from its final passage, and that if during said thirty days a petition signed by qualified voters of the city or town, equal to ten per cent of the electors thereof, protesting against the passage of such ordinance be presented to the legislative body, the same shall thereupon be suspended from going into operation, and that it shall be the duty of the legislative body to reconsider such ordinance; that if said legislative body shall thereupon not entirely repeal such ordinance it shall submit the same to a vote of the electors either at a regular municipal election, or a special election to be called for that purpose, and such ordinance shall not go into effect or become operative unless a majority of the voters voting upon the same vote in favor thereof. It is then further provided that such petitions and the provisions of the law relative to the duty of the clerk in regard thereto, and the manner of voting thereon, shall conform to the rules provided therein for the initiation of legislation by the electors. With respect to the initiation of legislation by electors, it is provided in that section that the petition seeking such end shall be filed with the clerk of such legislative body, after being signed by qualified electors of the city or town not less in number than the percentage thereinafter required; and that within ten days after being so filed with the clerk he shall examine and from the records of registration ascertain whether or not such petition is signed by the requisite number of qualified electors, and shall attach thereto a certificate showing the result of such examination; that if by such certificate the petition is shown to be insufficient it may be supplemented within ten days from the date of such certificate by the filing of additional papers, duplicates of the original petition except as to the names signed; and that the clerk shall within ten days thereafter make like examination of the supplementing petition and affix a similar certificate thereto showing the result of his ex- KEYES WILL HANG FRIDAY, APRIL 19 Judge West Passes Death Sentence Upon 'the Murderer of Leonard Herwick Following is the sentence passed upon Edward S. Keyes who murdered Leonard Herwick, the Santa Ana newsboy, by Judge Z B. West at 1:45 o'clock, Friday: "I sentence you to be hanged by the neck until you are dead, and I instruct the warden of the state penitentiary at San Quentin to carry out this order on April 19, 1918, between the hours of 9 a.m. and 4 p.m. of that day. "And may God have mercy on your soul! "It is further ordered that the sheriff of this county take you up to San Quentin within ten days." Immediately after sentence was passed Attorney Carpenter announced his intention of appealing from the death sentence. He will also appeal from the denial of the motion for a new trial and from the refusal to the court to have Keyes' sanity determined. It was ordered by the court that Keyes be turned over to the custody of Sheriff C. E. Jackson and removed to San Quentin prison within ten days. Keyes will be held at Santa Ana how-tions, with the signatures thereon, must all be filled with the clerk within thirty days after the final passage of the ordinance, which it is thereby sought to have suspended from going into operation. While it is permissible to file a supplemental petition to an original referendum petition, provided there is still time to do so within the thirty days-period, it is not permissible to file such supplemental petition after such thirty day period, though the ten day period after the certificate of the clerk to the original petition may not have expired. I would also direct your attention to the fact that the statute does not contemplate that the referendum petition shall demand a submission of the ordinance in question to a vote of the electors. The act contemplates that a petition signed by the requisite number of qualified voters protesting against the passage of the ordinance in question shall be presented to the legislative body which shall reconsider the same, and that if said body shall thereupon not entirely repeal said ordinance it shall submit the same to a vote of the electors either at a regular municipal election or a special to be called for the purpose. Very truly yours. U. S. WEBB, Attorney General, By Robert W. Harrison, Deputy. Friday morning sentence, but an time by Attorney in holding up pro-noon. The affidavit Dr. Charles L. Alpert, who testified defense in the trial affidavit that Carpenter hope for an insane trict Attorney Willett allowed to file copies these were press noon. Carpenter points of the state probe from being changed if Keyes went would be the victim of men posing examine and from the records of registration ascertain whether or not such petition is signed by the requisite number of qualified electors, and shall attach thereto a certificate showing the result of such examination; that if by such certificate the petition is shown to be insufficient it may be supplemented within ten days from the date of such certificate by the filing of additional papers, duplicates of the original petition except as to the names signed; and that the clerk shall within ten days thereafter make like examination of the supplementing petition and affix a similar certificate thereto showing the result of his examination. Section 1083a of the Political Code provides that wherever by the constitution or laws of this state any initiative, referendum, recall or nominating petition is required to be signed by qualified electors, only an elector who is a registered qualified elector at the time he signs such petition shall be entitled to sign the same, and that no elector shall be entitled to sign any such petition or paper on or after the first day of January of an even numbered year unless he shall on or since such first day of January have made an affidavit of registration as required by law; such signer shall at the time of so signing such petition or paper affix thereto the date of such signing; and that wherever by the constitution or laws of this state the county clerk or registrar of voters is required to determine from the records of registration what number of qualified electors have signed such petition or paper, he shall determine that fact with respect to the purported signature of any person from the affidavit of registration and records relating thereto current and in effect at the date of such signing of such petition or paper. It is evident from these provisions that the signatures to a petition, or supplemental petition, in referendum proceedings cannot be counted unless they are those of persons who were at the time they signed registered, qualified electors of the particular city or town. A new registration is commenced in January of each even numbered year, and the registration of electors which was in progress during the preceding two years cannot after the Immediately after sentence was passed Attorney Carpenter announced his intention of appealing from the death sentence. He will also appeal from the denial of the motion for a new trial and from the refusal to the court to have Keyes' sanity determined. It was ordered by the court that Keyes be turned over to the custody of Sheriff C. E. Jackson and removed to San Quentin prison within ten days. Keyes will be held at Santa Ana, however, until some decision is reached between District Attorney L. A. West and Attorney Carpenter on the proceedings as to Keyes' sanity. Before Keyes was sentenced he was ordered by the court of stand. As he rose to his feet a smile overspread his countenance. The smile remained as Judge West pronounced the death sentence. When Judge West completed the sentence Keyes made a low bow, resumed his seat at the side of Undersheriff Iman and proceeded to roll a cigarette as unconcerned, apparently, as though he had been sentenced to 30 days in the county jail on a vagrancy charge. Keyes was immediately returned to the county jail. He at first refused to make a statement to newspaper representatives but later said, "You can tell them all that I will meet them in hell some day." As Keyes was waiting to be taken into his cell he told Sheriff Jackson that he wanted to see his attorney. "Tell him for me," said Keyes, "that I want to get away from here right away; there is no use waiting around here. I want to get up there where I can get some exercise." Keyes was first brought into court ORANGE COUNTY NOTES Hearing Set For February 27:— Wednesday the amended report of the Orange County Harbor Commission was filed with the board of supervisors, and hearing upon it was continued to February 27 at 9 a.m. This amended report is the one containing detailed plans and specifications for Newport harbor. Under the law a time must be set for a hearing. After the hearing the board of supervisors will determine whether or not an election shall be called for the $500,000 bonds recommended in the harbor report. Boy Disappeared:— Officers are helping the distracted parents in the search which they have been carrying on for over two weeks for little Melvin Friend, 13 years old, who is reported to have been missing since January 28. Parents of the missing lad live at Irvine. They declare they know absolutely no reason for him wanting to run away, that he has never been a bad boy nor given them any trouble and that they do not understand why he should voluntarily disappear. When last seen the boy wore overalls, a coat and grey cap and had on red stockings and patent leather shoes. Oil Man Killed:— H. L. Delaney of Brea was instantly killed at 4:30 o'clock Tuesday afternoon at Montebello while engaged in the act of drilling for the Standard Oil company. The drill cable, by constant wear, had cut the finger board, 2x12 timber, 80 feet from the ground, and the timber fell striking Delaney on top of That Spare "Two Bits" Buys a War Savings Stamp before you forget On sale everywhere F. C. Edmiston That the man will die is considered a certainty. At present he is totally paralyzed below a small area around his chest, although the vertebrae were not broken. Soto was employed by C. V. Crellin in felling trees on the place owned by the latter on Glenn avenue. He is thought to have fallen over a stick just as he was running from the falling tree. He was taken to the Santa Ana hospital. Shot Holes In the Roof:— Leonardo Castro of Richfield wanted one of his countrywomen to accept him as a boarder, and when she declined to do so he stepped out on the front porch and fired six bullets through the porch roof. The lady still declining to accept his patronage, he reloading his weapon and repeated the operation. This method continuing ineffective Leonardo was talking of going out and shooting up some bombre, as a means of demonstrating his desirability as a star boarder, when Constable Watters ATTY.-GEN. WEBB GIVES TRUSTEES OPINION Continued from Page 1 No. Nine—Primary School. No. Ten—Gibbs Lumber Company Office. Mrs. Jane D. Helmsen and B. and S. Hartfield, through their attorney, protested payment of assessment for alley paving, between Los Angeles and Lemon streets. It is alleged the diagram shows error. As the law provides a hearing will be granted protestants on February 28th at 8 p.m. When the alley was recently paved an-intervening space of six feet between the north line of the pavement and protestants property remained unpaved, and the city is asked to redeem this strip to the owners. Engineer Hannum, in charge of the power house, made reports that he had several offers for copper and brass, the latter quoted at 17 cents and the former 20. He was instructed to sell all material in that line, which is classed as junk. W. L. Dimeling of the Southern California Edison company submitted a test report fire pumps, which was ordered filed. Attorney Ames reported having attended a hearing of the Gas company case in Los Angeles in behalf of the city. Several other towns in the county were also represented. The case will again come before the railroad commission, when the evidence introduced will be of a technical nature. A transcript of the evidence will be necessary in order for the cities to prepare a defense. Attorney Ames was empowered to incur an indebtedness not to excess $150 as the city's Oil Man Killed:— H. L. Delaney of Brea was instantly killed at 4:30 o'clock Tuesday afternoon at Montebello while engaged in the act of drilling for the Standard Oil company. The drill cable, by constant wear, had cut the finger board, 2x12 timber, 80 feet from the ground, and the timber fell striking Delaney on top of the head and death immediately followed. Deceased had been an oil well driller for upwards of 22 years, learning the business in the East, and had worked for the Union and Standard companies many years in the Fullerton field. He was one of the most popular oil men in this vicinity. Mr. Delaney had secured a lease on 20 acres in the Montebello field and had organized and incorporated a company to develop the same. He intended to drill the first well himself, looking forward to the coming true of his life's dream when he should be the head of a real oil company. All his fond hopes were dashed to pieces in one unfortunate moment. Mr. Delaney had interested some 35 people of Brea in his project and it is understood that they will proceed to carry out the plans or originally laid out by the dead man. Mexican Fatally Injured:— Ygnacio Soto, a Mexican, 64 years old, was fatally injured Wednesday morning when he was caught under a faffling tree at Tustin. His spinal cord is broken at the neck and his right leg is factured above the knees. Friday morning at 9:30 o'clock for sentence, but an affidavit filed at that time by Attorney Carpenter resulted in holding up proceedings until afternoon. The affidavit was made by Dr. Charles L. Allen, the insanity expert, who testified on behalf of the defense in the trial. It was upon his affidavit that Carpenter based his hope for an insanity proceeding. District Attorney West asked that he be allowed to file counter affidavits and these were presented in the afternoon. Carpenter pointed out that the laws of the state protect an insane person from being changed and he declared if Keyes went to the gallows he would be the victim of the ignorance of men posing as insanity experts, then being directed at the one of his countrywomen to accept him as a boarder, and when she declined to do so he stepped out on the front porch and fired six bullets through the porch roof. The lady still declining to accept his patronage, he reloading his weapon and repeated the operation. This method continuing ineffective Leonardo was talking of going out and shooting up some bombre, as a means of demonstrating his desirability as a star boarder, when Constable Watters appeared and brought him to town. Leonardo assured Judge Ashley that he "didn't mean anything" by his playful antics, but the Judge confiscated his gun, fined him $5, and warned him to use different methods in seeking to acquire a landlady. The fact that he has rented a large tract of land and is planting it to grain saved him from a jail sentence. Olinda Man Killed:— Friday morning about 6 o'clock, Thomas L. Hill of Olinda was killed when his automobile turned over upon him. Hill was driving down grade from his home when in some unknown manner the machine swerved into the bank, and turned over. Hill's skull was crushed. Hill, aged 32, a pumper, has been employed by the General Petroleum company at Olinda for eight years. He leaves a wife and four children. Friday morning he left hi shome to drive to some point where he was going to get gasoline for his automobile. About 6 o'clock Ollie Smith, another pumper, came along the road and at a point about a quarter of a mile from Hill's home he found the upturned machine with Hill dead beneath it. Tracks of the machine showed that it had gone first into the bank, then turning over. Corner Winbigler held an inquest at Fullerton on Friday. More Burglaries:— While a woman dozed in her chair, a burglar plundered the room adjoining. This particular burglary did not occur in Santa Ana, where the pass key artist has been at work recently. It occurred in the apartment of Mrs. Grace Brose at the Griffith apartments, corner of Twelfth street and Ocean avenue, Huntington Beach, about 8 o'clock Thursday evening. Mrs. Brose was away from home for a few minutes. Her mother dropped off to sleep. The burglar came through the front door, and the list of articles Attorney Ames reported having attended a hearing of the Gas company case in Los Angeles in behalf of the city. Several other towns in the county were also represented. The case will again come before the railroad commission, when the evidence introduced will be of a technical nature. A transcript of the evidence will be necessary in order for the cities to prepare a defense. Attorney Ames was empowered to incur an indebtedness not to excess $150 as the city's share of the expense incurred in the hearing. The total will amount to several hundred dollars, which is to be prorated among the several cities interested. The gas company will ask the commission for an increase in rates which will effect all territory in the county now using gas. A contract was ordered drawn between the city and D. J. Bastanchury of Brea, whereby the lattfer takes the city garbage. Fire Chief Goodrich addressed the council in reference to installing an additional fire hyrant near the Orphanage. At present fire protection there is very limited. It was ordered that the water department provide the hydrant as requested. Engineer Steward reported that the Sislters of St. Catherine's Academy had agreed to deed right of way for opening up of a new street through their property between Palm and Citron. The same was accepted. Other property owners in the block affected by the proposed street opening have not as yet granted rights of way as asked for. They desire a higher money consideration than that offered by the city. An assessment district will be formed and benefits and damages will be assessed. Hugo Strodthoff appeared before the board and asked that the open ditch on Sycamore street, between Lemon and Palm be placed under ground. The matter was ordered passed up to the water company. As usual in such cases the water company pays half of the expense, the city a quarter and the property owner along whose property the improvement is made pays the remaining quarter. C. M. Annin of Fullerton and James Shearer of this city were each granted permission to move frame buildings outside fire limits. An application was received from B. W. Hannum for appointment as city electrician at the power house, Vice Engineer Eugene Adams signed. C. W. Koerner of Pasadena recom- SAVE and SERVE You can help win the war and make money for yourself by buying War Savings Stamps. On sale everywhere S. Q. R. Store Anaheim, Cal. Monday night thieves stole a team of horses and a wagon from U. H. Plavan, two miles northeast of Huntington Beach, and used the wagon to haul away sixteen sacks of beans stolen from the warehouse on the P. E. near Plavan's place. The thieves took their time. From several head of horses in a corral they picked the two best, fine blacks, each weighing around 1500 pounds, one a gelding and the other a mare. In the barn they picked out the best harness, worth $100, and fitted the collars to the horses. They hitched up to a wagon, upon the flat bed of which was piled a load of cauliflower. They drove off across a field, and as they went they dumped off the cauliflower. At the warehouse, which is located near the corner of Plavan's land, they broke in and carried out sixteen sacks of beans worth $13 apice. Returning, the wagon went by the front of Plavan's place. Under Sheriff Iman tracked it northward to a point where it turned off the Westminister road toward Garden Gove. Plavan is satisfied that the thieves were familiar with his place and with his stock, for a collar for one of the horses was picked out from a number at one end of the barn and taken STAMP OUT KAISERISM WITH WAR SAVINGS STAMPS $4. (sixteen stamps) and 13c is what a War Savings Certificate will cost you this month. $5 is what your government will pay you in return on January 1, 1923. Ganahl Lumber Co. Save a loaf a week help win. to the other, where the rest of the harness was. Seaside Home Appeals:— Notice of intention to appeal from the order made January 19 by Judge West in which he sustained the demurrer of Attorney Bishop to the third amended complaint of the Pacific Seaside Home for Children against the Newbert Protection district, was filed by Attorney James Donovan of Los Angeles, Monday. Judge West in sustaining the demurrer without leave to amend, held that there was no cause for action against the protection district. The case dates back to the flood of January, 1916, when the home was damaged by flood waters. Action was filed against the protection district for $19,000 damages, it being the contention of the plaintiff that the protection district was to blame for the damage done because of not having followed out the instructions of its engineer. SANTA FE TIME TABLE (Corrected to Date) NORTHBOUND Lv. Anaheim Ar. Los Angeles 5:05 A.M. 6:00 A.M. 7:25 A.M. 8:20 A.M. 10:05 A.M. 11:00 A.M. 11:58 A.M. 12:50 P.M. 3:57 P.M. 4:50 P.M. 5:43 P.M. 6:30 P.M. SOUTHBOUND Lv. Los Angeles Ar. Anaheim 9:00 A.M. 9:45 A.m. 10:45 A.M. 11:35 A.M. 1:15 P.M. 2:02 P.M. 3:00 P.M. 3:42 P.M. 5:25 P.M. 6:14 P.M. would have had more arms if he had reached San Diego. Judge West said he believed Braalher should be sent to the state school at Whittier. "Not for me," declared Braalher. "I'd rather go to San Quentin any time These reform schools are no good. As a rule when a fellow gets out of one of them he is a criminal." Judge West began to question Braalher. "I won't answer any of your questions if you are going to send me to a reform school," said Braalher. "I know the dignity of the court, but I am telling you as a man to man I won't answer your questions." Since Braalher is too young to be sent to San Quentin he was sent to Ione. He said that his mother lived in San Diego. He had not seen her for some time. IOWA PICNIC A cordial invitation is extended to all who ever lived in Iowa to attend the great annual picnic reunion to be held in Lincoln (Eastlake) Park, all day, Friday, February 22, 1918. (If rainy that date or just before it will be postponed to Saturday, March 2.) All the usual attractions will be offered: County register and headquarters all day, basket picnic dinners at noon, program at two o'clock college reunions at three, a jolly, happy time. Make plans to attend as there will be many visitors from the old home state. Do not fail to carry a big dinner and to register. Pass the word along to all the Hawkeyes you meet. WOMEN IN AGRICULTURE According to a late report, of the 1,800,000 women engaged in agriculture in the United States, 750,000 are under 20 years of age and 1,050,000 are negroes. A majority of the women workers are found in the Southern states. The lines of work in which women will be likely to incerase their farming activities, according to the report are vegetable gardeninfl poultry raising, butter making, hog raising, etc. It is suggested that women who know how to operate motor cars may with little additional training operate tractors. Prefers San Quentin to lone: When it comes to a choice between a reform school and a prison, D. L. Brahler of San Diego declared emphatically in favor of prison. His preference, however, did not alter the decision of Judge West. Brahler was ordered committed to the institution at lone until he is 21, on June 27, 1920. Brahler pleaded guilty to stealing a horse and saddle from the Nicholas Stables at Fullerton. He was arrested at Del Mar. He had a 32-caliber revolver on him then, and said he