The morning call., 1891-07-24
ACROSS THE BAY.
Prominent Attorneys Wrangling
Over a Fee.
Discounting of City Warrants by the Banks.
San Leandro Vegetable Peddlers.
Assessed Out of His Lot

the Fourteenth-street Railroad Company.
The papers were prepared by the late ex-
Judge Thomas A. Smith, while in partner
ship with E. G. Robinson, on contingent
fee OF one-half the Judgment but prior to
trial smith and Robinson dissolved partner
ship and the former claiming this case car
ried 1t on to Judgment, assisted by Mayor
Chapman. Pending the appeal to the SUI
preme Court Judge Smith died and the APP
peal WAS on like agreement perfected and
carried forward by Mr.. Chapman and
WelleS Whltmore. though Mr.. Robinson,
claiming to be an attorney of record. filed
points and authorities and he now claims
one-haif OF the contingent lee, or $685.. The
executors Of Judge Smiths estate, ex-
Judges Gibson and Rosborough, claimed to
represent the latter in the Supreme Court
and for the estate claim the entire $3.50 or
one-bah OF the Judgment and interest now
amounting to S14,500. Messrs. Chapman
and Whitmore claim that neither Mr.. Rob
insoD nor the estate of Judge Smith has any
interest 10 the fee and they will demand the
$3.50. The matter will have to be adjusted
by the court.
A DOST-CovERED LAW DUG UP.
Since the banks have decided to refuse to
cash city warrants without discount the
provision in the charter which requires the
building OF suitable vaults to hold the city S
funds has been brought out and rubbed up
TO the effect that these vaults must be built
and the banks will then lose the deposits OF
the city money. Que of the cashiers, when
the matter was mentioned to him. stated
tnat tDat might be so, but he wanted ia
know how that would benefit the teachers,
employees and creditors of the city during
the three or four months shortage between
the time the funds run out and the collec-
ton of taxes. He said they would have to
discount their warrants just the same. The
banks 1t Is true. would lose the use of the
reserve funds Of the city. but the rate OF
discount might regulate that The banks
claim mat they only agreed TO cash warrants
equal to the amount of city money on ha nd
belonging to reserve funds of the city, but I'M
der manipulation of the agreement which
they did not notice they were compelled t0
advance $4,000 more than the city had on
deposit. They might yet be induced to adj
vance an amount equal to the reserve de-
posts OF the city money on hand before
dsc0unting.
THEY ARE FARMERS, NOT PEDDLERs.
The case of the Portuguese produce
raisers of San Leandro, Niles and vicility,
who have been in the habit of filling W
Eleventh street with their wagons, and I'M
derselling the produce and commission
merchants on that street, came up in the
Police Court yesterday. A Portuguese
named Antoine Rodgers of San Leandro YEAS
tried for violating the ordinance recently
passed, which prohibits peddling liz certain
limits. The defendants attorney claimed
that he was not peddler, but that he was
farmer, and the city had not the right to
set aside any part of the city for certain
business, and that if it did the power was
oppressive. unwise and unjust, and that il
was invalid, because it discriminates. The
indications were that the court would find
in favor Of the ordinance, but five days were
allowed each side TO file authorities.
The funeral Of Captain James IL. Rogers
took place from the residence of his daugh.
ter, Mrs. w. w. B. Stevens. yesterday
afternoon. There were no religious services
as the deceased was not o believer in Diety.
A solo was sung by Mrs. Fields and an ad-
dress delivered by r. NJ. Fitzgerald in CON-
gglianee with the wish of the departed.
Dinsmore, c. NJ. Freeman, Z. ID. Harmon,
II. {. Pittman, Messrs. George II. HalIett,
c. b. Wines, c. c. LeavItt. r. NJ Filz
gerald, F. c. Garrlck. A. Koenig.
OFFICIAL FRICTION.
1t is said there was little misunder-
standing between the Auditor, Mayor and
expert Hughes over the payment of a claim
of $500 to the County Recorder for list of
mortgages, ETC., as required to be procured
for tho Auditor 1t was contended that the
claim was not properly passed by the City
Council.
An agreement was entered into between
e. Z. Sessions and the Board of Super
visors OF Alameda County by which the
former Is to raise 5000 and the latter will
appropriate $1,000 more for the macadan-
lzng oil Frultvale avenue, from Hopkins
street to the station-nearly two miles-tht
work to be completed November 1st.
Mrs Sarah A. c. SAKE was granted 4
n lard oil
Ogden. Utah. on the ground of cruelty
Shortly after the filing of the complain
Sake cams TO Oakland and tried to induce
his wife to dismiss the suit, but this she re
fused TO do. He went back 10 Ogden ant
made no appearance In the case.
HE OFFERED THEM THE LOT.
lot at East Oakland belonging to P II
McGrew, recently purchased by him fo
500. has been assessed in the sum of 500
for street work. Mr.. McGrew offers to dee,
the lot TO the macadamHing company tina
did the work, but he does not want 10 pa,
twice its value for the street Improvement
Mrs. Margaret E. McNutt has sued for di
yorce from Il; b. MeNuti on the ground o
his cruelty. The defendant is now serving
term in Jail on charge OF assault to mur
der his wife, which was reduced to assault
All row was arrested yesterday on
charge OF assault with deadly weapon TO
striking one OF a crowd of boys, who wer
Fostering him. with stick and breaking hi
arm.
Alameda.
The trial of j. H. Busch on a charge o
selling liquor without license will com
mence this morning at 10 o'clock Blandin,
Hall. on Webb avenue, has been secures
for holding court, the justices Court il
which the Recorder has been sitting, bein.
too small, The case is attracting consider
able interest.
The owners of the North Alameda Tract
are DESTROYS of having it annexed t,
Alameda They are becoming fearful
lest the movement to annex Fruitvale t,
Oakland will also include their land, and
they prefer Alameda to Oakland. The
matter will be brought up before the mex
meeting OF the Alameda Improvement As
| ISOLATION.
The health of d. J. Sullivan. City Super
intendent of Schools, has been failing him
and he intends to apply to the Board o
| Education Tor leave of absence and 60 int
| the country.
Mrs. c. l.. Heacock has been electe,
teacher OF the second and third grades O.
the Everett-street School.
The City Trustees met last evening ant
| considered matters pertaining to the Fir
| Department. The clerk stated that Their
| was $4,000 In the treasury to run the cit,
| for the next five months, and the expendi
lures averaged $1,000 per month. The cos
of maintaining the steam fire engine was est
| mated at $500. This included an engineer
! driver and driver for the hose-wag The
| cost Of maintaining each of the two chemi
| cal engines WAS estimated mt S1G0. Tn,
board came TO no decision, and will conside
the matter again.
PacIhc Hose Company. No. 4. has recon
mended John Matthias as driver of TIN
| chemical engna in the Chestnut-stree
house. Albert Schumacher was appointe
! last evening by the Trustees as driver Of tn
| chemical engine to be stationed on Webste
| street.
He Slept Ten Minutes While Standing
| L rndA down Rrna 4 LII on tho othar da.- Ia