The morning call., 1892-04-05
The Lawyers Contest in the
Margaret AllendOrf Estate.
Settlement Of the Differences at Irwin gton
Winery-The Matter of the School
Bon6s-Alameda Notes.


voked and made some allegations which the
court decided were not at all sustained by
his showing Yesterday a petition for the
removal Of Miller as attorney for the absent
heirs. because he was not in accord with
the executor and was antagonistic to him,
also that lie could not consult with him
about the business of the estate, was de-
MED. The court held that the executor had
his attorney, and it was unnecessary to con-
suit with the attorney for the heirs. 1t
his duty to attend to the affairs
of the estate and present his reports
TO the court. and If his reports were
not correct the attorney for the
heirs could object 10 them. The other
proposition was the waiver Of John F. Han
Ion. who had acted as attorney for the ex-
ecut0T, to the $500 allowed as attorney tor
services rendered in the Superior Court
the reason being that the allowance was
questioned by Mr.. Miller on the ground
that Hanlon, not having been admitted TO
practice in Alameda County, was not an
officer of the court and not entitled to 1t.
Mr.. Hanlon waived the right TO the $500 IN
petition in which he was led TO believe by
Others that his admission TO the Superior
Court Of San Francisco also allowed him TO
practice in Alameda Superior Court, but he
asked the court 20 allow him $500 for SER
vices rendered the estate in number of
cases in the justices Courts in Alameda
city and in other ways outside of court
This the court also denied, but did so. he
said. without prejudice.
SECRETARY THEoBALD'S INvEsTIG ALTON.
Secretary Theobald of the Humane So
eiety of Alameda County spent Sunday and
Yesterday in Haywards and returned TO
Oakland at 80 O'clock in the evening. lie
investigated the charges Of cruelty against
Mrs. Dr.. j. W. Hood thoroughly, Apd states
that the child Clara L. Thornhiil, known
A do a
DR.. Hoods residence. lie found some adj
ditional evidence and THINKS that lie has
sufficient TO formulate complaint, but he
will submit it TO the District Attorney. He
stated that Notwithstanding the condition OF
the child's head, arm and body and her
testimony it was exceedingly difficult to get
any eorrobOrating testimony, as those who
might be supposed 10 know whether or not
the child was inhumanely treated did not
know or pretended not TO know anything
about il,
Mrs. Mary E. Martins case went over
yesterday in Judge Greene's court until 8 80
A. NJ. Wednesday for plea TO the charge of
obtaining Miss Sarah E. Leonard'S Sl4. 500
under false pretenseS. She has been IN
able TO raise the $4,000 bail necessary and
has 10 remain Ia jail.
THE IRVINGToN WINERY.
4 deed was recorded yesterday from Juan
GallegOs and his wife, julia Gatlegos, to
Mentealegre 81 Co., conveying the winery
vicinity Of IrvingtOn and Mission San Jose,
the consideration being $1,000. A deed was
also recorded civ NJ 10 the same parties
certain rights OF way and wafer rights
Deeds were recorded from M0nteaiegre d
Co. 10 three pieces, including the home
place, as homestead, amounting in the
aggregate 20 IS acres. This. it is under
stood, settles the financial difficulties Of Mr..
Gaiegos, and gives him ana his wife a good
homestead. Then a deed was recorded
from M0ntealegTe & Co. 10 the Palmdale
company. conveying the entire 1900 acres,
FOR consideration of 1900 shares of the
company, 10 that company. Certified aTti-
eles Of incorporation OF the Palmdale COM
pany were filed with the Alameda County
Clerk yesterday afternoon. The Palmdale
company IS composed of the members of the
firm of M0ntealegre " Co.
THE SCHOOL BONDS.
The Board of Education expect to ex-
pend the $4,000 in bonds in about the fol-
lowing way, the estimates being prepared
before the election and used in the Or
dinance: New high school building,
Sl65,0o0: new grammar school in the
Third Ward, 5000; new school building
20 replace the SWEET School, on the hill in
East Oakland, $4,000; a new building to
replace the Harrison School in the Sixth
Ward SIS, coo; addition to the Garfield
School at Twrnty-third avenue. $4,000;
raisingand charging the Prescott School.
West Oakland, 81, GOO; raising and enlarg-
ing the Cole School, $40. 1000; raising and en-
largins the TOmDkins School, $4,000; rails
ing and enlarging the Lincoln School,
$4,000.
THE CITY COUNCIL
At meeting of the City Council an ordi-
nance against riding bicycles On any side
walks or IL any public parks at any time
was referred to the Ordinance Committee.
The present ordinance in force prohibits
riding on sidewalks after o'clock in the
evening until in the morning.
A resolution of Intention was Darspd
poultice East Twelfth street with bitumen
between First and Eleventh avenues.
The Consolidated Piedmont Cable Com
pany asked for an extension of its electric
franchise from Seventh street On Washing
ton to First.
The Oakland Consolidated Electric Rail-
way asked at the previous meeting for a
franchise over the same ground.
The returns of Saturdays bond election
were canvassed and found 10 be majority
OF 1873 against park and boulevard bonds
The majority for school bonds was 1892
a communication was received from
Councilman J. W. Wilson now on leave of
absence declining to be reelected President
OF the Council for the ensuing year.
J. WEST MARTINS SUCCESSOR.
The term of j. West Martin, Commits
sioner of Public Works and Police Depart
ment and Fire Department, will expire at
IL O'Clock tonight. Mayor Chapman will
probably not announce or file with the City
Clerk the appointment Of a successor until
Tomorrow There is much excitement over
the appointment. Yesterday morning it was
believed that the matter was between
Councilman Con Brosnahan Democrat), and
l.. 4. Chapman, chairman of the Republican
County Central Committee. with a chance
in favor Of the latter. Last night it was
understood that ex-Councilman o. c. Kirk,
Democrat, was in the fight, and that he
was supported by the Contra Costa Water
Company, and had also the support of
the railroad company. 1t is also said that
X. A. Hughes, Democrat. is making a
quiet but determined pull for the place,
and has considerable conservative Repub-
lean support. 1t is known that Z. c.
Chapman is opposed to Brosnahan get
ting it IL he himself does not
get It,. and 1t Is said that Hughes
was endeavoring to get his assistance last
night. 1t is also said that the Mayor has a
good opinion of Hughes. The politicians
are all the high bench of expectancy. while
his Honor the Mayor keeIs mum.
NOTES.
Oakland subscribers of THE CALL and
other newspapers are cautioned against
short and stout man with black hair and
mustache who has been going over the
routes trying to collect for the paper. He is
an lmposter His method is to present him.
SELF at the door, and producing book of
plank receipts, say he has come to collect
for the paper without naming what paper.
The subscriber asks If tits such a paper, and
the smooth chap says ii is, no matter which
Rev. Frank Merton Smith, who is to be
called as assistant pastor to Rev. DIR. Coyle
of the First Presbyterian Church. is a
graduate Of Wooster University, Ohio, of
which State he Is a native, and has Just
completed his theological course at the Nc
Cormlek Theological Seminary, Chicago.
he will arrive In Oakland. if he should he
favorably considered by the congreg CATION
tomorrow evening, Of which there is NO
doubt, about the Goth inst
The Alameda County Board of Super
visors yesterday afternoon granted the
franchise of j. ID. Hoskins for a railroad
skirting along the foothills from Berkeley