The morning call., 1892-03-09
DR.. Robinson of St0p.Over -
N0t0riety Gains q Point.
Superior Judge Greene Holds That the Rail.
road Company Must Issue stop-0ver
Tickets-General News.


troversy between San Francisco and Ala
r,eda and stopping over at Oakland. The
entire matter was brought out The prose-
cution proved the publication Of the article.
that Halstead was editor and publisher. and
that DR.. Robinson was clearly meant The
defense was allowed to put in testimony
which showed that DIR. Robinson, Rev. DIR.
Loomis, DIR. RobinsOn's son and one other
party for month or six weeks annoyed the
rail- Oad company and its patrons by OBJ
structing the ticket Offices at Alameda, at
the Oakland pier and in San Francisco by
demanding on every occasion, one after the
other, st0p-0ver ticket between Alameda
and San Francisco, and vice versa, every
time they Travelled over the route; that they
haggled with the conductors between Broad
way, Oakland. and MaStick Station, Ala
media, every trip alb ut the payment of the
dime, so that between them the conductors
could not get through the cars in time TO
take up the fares.
TESTIMONY RECEIVED.
This testimony was all admitted on the
plea of the defense that it showed that DIR.
Robinson was doing ali this that he might
bring suits against the company to recover
$500 each time the ticket called for was re-
fused. under section 400 of the Civil Code,
or compel the company to buy him off On
cross-examination OF one of the witnesses
for the defense, L. V. Gator for the proSeeu-
flOn commended that under the section cited
DIR. Robinson and his confreres and any one
else had the right TO stop-oyer privilege at
Oakland, between Alameda and San Fran
cisco or San Francisco and Alameda, as
these points were the destination points and
Oakland was an intermediate point.
THE LAW.
Section 400, Civil Code. reads: Every railroad
corporation must provide. ana. in being rendered
the fare therefor, fixed provided in Tie pre-
ceding section. furnish 20 every person desiring
passage on their passenger cars ticket which
50 N a IN IN an
commOda,ions provided on their cars from The
depot or station where The same Is pui chased TO
any other depot or station tho line OF their
road. Every such ticAet entities The holder
thereof 10 ride their passenger cars To tile
station or depot Of destination or any interme-
diaIe station and from any intermediate
station TO the depot of destination desg
mated ia the ticket al any time within six months
thereafter. Any corporation falling TO provide
and furnish sach tickets or refusing the passage
winch The same calls for when sold must pay 10
the person so refused tbs sum OF $500.
A CONTENTION.
the defense, conducted by Samuel p.
Hall, commended that both sections 4S9 and
4S0 OF the Civil Code, adopted in January,
1913. were made Of none effect by the pro-
visions of tie new constitution adopted in
1879 article XII, section % which created
the Board Of Railroad Commissioners, and
gave them all powers with reference to the
fixing of freight and passenger rates Of
railroad corporations. Section ASP, Civil
Code, provided that all railroad corpora
lions must fix and publish their rates of
charges for freighIage and fares from one
depot to another on their various lines
graduated for 100. 10 30 and % miles, but in
no case were the fares TO be more than 10
cents per mile for each passenger nor more
than 10 cents per mile for each ton of
freight, and every party suffering was to re-
cover the amount Of fare or freightage
trebled. There was no question that sec
tion 4S9 had been abIogated by the consti-
tuition, and Mr. Hall commended that the
next section. 400, was so interdependent by
reason of the clause las provided in the
preceding section" that when the first sec
ton fell by the adoption of the new cOnsti-
tuition. both fell. Judge Greene held that
section 4S9 was abrogated 10y the adoption
OF the constitution, and fell, but that sec
ton $50 was independent. except as to the
words quoted, and they in no way p ffected
the remainder OF the section, which remains
in force.
ROBINSON HAS BEEN RIGHT.
The court practically decided that Dr. Rob-
inson has been right in his contention that
when he bought a through first-class ticket
to Alameda from San Francisco, or from the
other end, he had a right to stop over n
Oakland as leng as he wanted TO, six months
if he so desired, and go to Alameda from
Oakland on another train. This is the first
time the matter has come into the court,
and has come in as sort of side issue. DIR.
Robinson and his counsel were very happy
as they went out OF court about 5 80 o'clock
yesterday AFTERNOON Inc llDSl case is not
yet settled, though, and will go on to-day.
1t was in evidence that Halstead, though
editor and publisher of the Statesman, was
not In the office at the time the article was
handed liz. nor that day until after the paper
was published, and did not see 1t until it
was In print.
The issue as to stop-ever tickets is pend
ing In a civil suit in Department of the
Superior Court. brought by DIR. Robinson
against the railroad company.
zENo MANUALS WILL.
Mrs. Mae Mauvais has filed her petition
for the probate of the las: will Of Zeno
Mauvais. her late husband. Mr.. Mauvais
died June II. 1890. in Oakland. Previous
to his death he decided and conveyed all of
his real and personal property, except a
horse. carriage and some other personal
property, all OF which is valued at $780, all
mentioned in the petition, to his wife and
children. Mrs. Mauvais is named as execu-
trix and asked for letters testamentary. She
alleges in her petition as follows: % In this
connection your petitioner further sho VS.
that said Will never came into her posses
sion, nor did she ever see the same, until
the lst day of March. 1892. and petitioner
at this reasonable opportunity files the
same for probate" The widow, her chill
dren and Mr.. Mauvais mother are named
as devisees in the will The value of the
property given by the tsstator In his life
time TO his wife AMI children is valued at
about 100000 Mr.. Mauvais was the pro-
prietor Of the Zeno Mauvais music-siore in
San francisco, and which was given by
him to his wife anu children before his
death.
THE ELECTRIC ROAD.
1t is said there is misunderstanding be-
tween Mr.. Landers of the Haywards electric
road and K. G. Sessions about bitumenizng
the tracks on Thirteenth avenue, East Oak
land. MIR. Sessions yielded the right of
way and constructed his road TO one side of
the street, with the understanding. as he
thought, that Landers would bear the ex-
pense of btumeniZIng the roadbed Of both
tracks. The bitumenizing Of the Haywards
road has been completed. and yesterday Mr..
Sessions interviewed Mr.. LaBders TO know
why the other track had been neglected.
Landers replied that he was under no obi
cations to bitumenize the track.
NOTES.
A meeting of the Presidents OF the Young
Peoples Societies of Christian Endeavor
and pastors of the Oakland churches was
held last evening at Y. Nj. &. A. Building.
1t was decided to have series of meetings.
commencing next Monday evening and con-
tinuing through the week, except Saturday
evening" at the First Nj. L. Church. by Mr.
Sayfurd. evangelist of the Y. Nj. e. A., for
the benefit of the Alameda County Young
Peoples Society of Christian Endeav0r.
The Smith Land and Improvement Com
pany was Incorporated yesterday, with
81 ,000, 900 capital. The Directors are John
w. Smith. w. X. Thomas. A. NJ. Benham.
ID. ID. Bernard. Thomas W. LETTERS. The
sum OF 500, coo has been subscribed
w. T.. Brigham has sued the Oakland Con-
solidated Electric Railroad Company to re-
cover $1,000. He was injured in the acct
dent at Fourteenth and Grove streets on
Sunday evening. August so last when an
electric and horse car collided.
1t turns out that the rumor of an advance
offer OF $4,000 for the northeast corner of
Fourteenth street aud Broadway was
fake, it Is said.
The stock Of the Renton Coal Company
has been raised to S3,O00000 and amended
articles Of incorporation fled
Philip BOoRar was admitted tn I'M ii ves-