The morning call., 1891-02-06
ACROSS THE BAY.
The Annexation Act Declared to
Be Unconstitutional.
Politics at the Boiling Point-Fighting Over
Walkerley's Estate "A Palatial Car.
Dedication of Masonic Temple.

Judges Greene ana ELLSWORTH of the Supe-
rior Court of Alameda County yesterday
rendered their decision in the suit of the Peo-
pie of the State of California on the relation
of Edison +. Adams VS.. The City of Oakland.
The decision was for Judgment OF custer
In favor OF the relator on the ground that
the annexation is illegal on account of The
uncOpstitutionality of the act of March 10
1888, under which the attempted annexation
was performed. and for the reasons that it
contains NO provisions whereby the right of
voting at all elections is secured to the
electors OF the territory proposed to be an
nexed. The other contentious of the re-
lator the court did not think it necessary to
consider in its decision. The decision is
based on Article Ii, Section l, of the State
Constitution, and under 1t the court is of
opinion that the act of 1888 was insufficient.
City Attorney johnson stated to a CALL
representative that he did not know what
action would be taken with reference to the
decision. 1t is believed, however, in view
of the fact that many of the best attorneys
take the same view that the court does in
the matter. that no appeal will be taken and
it is said that the shortest and best course
would be TO hold another election and to
hold it under the act of 1889, which was
passed subsequent TO the so-called annexa-
ton and in reference to which the court
suggested In its opinion that it lis question
able whether or not it docs not repeal
the act of 1888, the latter act being in
tended to cover the whole ground covered
by the former and to provide a complete
scheme for annexation proceedings" The
decision will affect the present ward boun-
diaries, as 1t will cut the Second w ard down
in size, at least, though it will not make a
great deal of difference in the number of
voters as the number in the annexed dis
trict Is small.
In the annexed district S5636 81 was paid
in taxes in 1889, and S5S03 l6 In 1890. The
heirs OF Edison Adams, deceased, were the
principal opponents OF the annexation under
the act of 1888 because they did not believe
it legal, but they now say that if new cleo
ton is legally called and submitted, they
Will favor it. 1t is believed by many that
the decision stops the boulevard proposition,
but Mr.. Adams said to The CALL repre-
sentative that it need not do so, and he did
not think it would because the Park and
Boulevard Act permitted the use of prop
erty within the city limits and adjacent
thereto. The larger part OF the lake shore
is within the old city limits.
THE POLITICAL POT BOILING.
The political pot is beginning to boil in
Oakland on account OF the approaching
election, aud all sorts of side-shows are
springing up in the hope Of diyertiDg some
Of the spOlls. OAK and Is oyerw helmlngly
Republican If the members Of the party let
the side-shOws alone, but for two terms they
have jumped the track on side issues ana
given the best municipal offices to the DEM
ocrats, who, being in the hopeless minority,
shreWdly nurse any discomfort among the
Republicans, and use it TO their best advan-
tage, and, as witnessed in The campaigns Of
1887 and 1889, with eminent success.
This year they are working the American
party into a S0-caled "ctiZens' movement"
with the Committee Of One Hundred, or
ganzed year or more ago with reference
to the water supply, as a prominent factor;
but the covering is rather thin and is too
easily seen through. Many citizens went
into the Committee of One Hundred to de-
wise means 10 obtain pure water for con-
sumption and not for the pSrpose of making
a political club of ii to advance the interests
of few disgruntled politicians. These will
not be led away from party tealty and they
so state.
Then there is the local option as another,
but it is stated that the leaders in this move
ment desire the pledge of all parties that
they Will agree to allow the submission of
the question of local option to the people,
and do not care which party wins the
offices. except as to individual preferences,
so long as that question may be submitted.
The ProhibitiuniStS will meet III conven-
ton at Hamilton Hall tomorrow evening
aud nominate d full municipal ticket. The
American or consolidation Of Americans
and Committee of One Hundred, as a So
called citizens convention, Will meet on
Monday evening presumably to nominate
but that Is as yet uncertain, because they do
not themselves know what they will do.
WILLIAM wALKERLY's ESTATE.
The various matters in connection with
the estate of William Walkerly were con-
tlnued In Department l of the Superior
Court yesterday. Judge Greene announced
that he had desired to have Judge Finn of
San Francisco hear these matters and he
had been agreed upon, but Il. b. Newman,
the husband of Betsy Walkery Newman,
had protested against Judge Finn sitting in
the case, and the latter had declined to do so.
Judge Greene then stated that Judge Hunt
had agreed to sit for him and hear these
matters on the Goth inst.
With some feeling he said: 81 want to
state that 1t is my right under the law and
constitution to select q Judge. The OBJ
lection to Judge Finn was to my mind,
without warrant and decency." When
Newman filed his objection to Fred Whit
ney's fee as attorney for absent heirs, IA few
days ago, he attempted to address the court,
but was told that he had an attorney and if
lie wanted any matter presented to the court
his attorney would be heard, but thu court
did not care to hear him. He informed the
attorneys that he would expect them to be
prepared on the 10th to proceed without fail
The following are the matters to be heard
Petitions for family allowance; attorneys
fee for services extraordinary; leave to
mortgage the Walkerly Block; settlement
of account OF executors; and there will also
come up the motion to substitute Attorney
Sullivan for Attorney Whitney for the alb
sent heirs.
PULLMAN's PRIVATE CAR.
The private car, Up. +. c." of George VI.
Pullman. is one of the finest in the service
and has attracted much attention since its
arrival. Ii is now at Market-Street Station,
Oakland, for the convenience of sick occu-
pant of the car, one of Mrs. Pullman's
maids, who is now being attended by local
physician The car Is model Of elegance
and convenience. and is finished off elab-
orately in plush and hardwood. This is the
car in which ex-Presdent Grover Cleveland
and his bride made their wedding trip four
years ago, it having been finished in time
for that event.
A ten-acre tract at Fruityale Station. on
the Niles route, has been sold at $500 an
acre by John c. G0uldin. 1t is understood
that the tract will be plated and sold in
town lots by BasSett Bros, the purchasers.
There seems to be an unaccountable num-
her of persons going insane i'll Alameda
County. Four were examined yesterday,
three Of them women; two on Wednesday,
three on Tuesday and one on Monday.
Term Juror Jacob GREENWOOD authorized
the County Clerk to draw warrant for the
$50 due him for jury fees the past three
months in favor Of the Fabiola Hospital,
FOR RESISTING AN OFFICER.
II. III. McNutt, painter, was arrested
Yesterday afternoon for resisting an officer
and for an assault with deadly weapon.
He was creating disturbance at the hotel
where he and his wife are stopping, and
when an officer attempted to arrest him he
struck him in the face with his fist. An
open pocket-knife was found in one of his
coat pockets.
Charles Schmidt was held by Police Judge
Ogden yesterday on the charge of forging
check on the Anglo Californian Bank in the
name OF Theodor Diercks and passing it on
G. W. Meyer. Bail was fixed at $1,000.
Chief of Police Tompkins waived the
reading of the complaint against him for
battery on the Times reporter yesterday.
He also waived a jury and pleaded not
guilty. The case was set for trial on the
18th inst.
Palmer & Re- have sued d. w. Kratzer
of Irvington to recover 1913 on the plant of
the Irvington Express and to foreclose the