The morning call., 1892-09-16
FROM ACROSS THE Bay.
The Water Front Company's
"Chain Of Title"
1T is SADLY ENTANGLED.
A Child Dies Of Poi.oring g-Death Beneath
Falling Tree-Martin Beel
and Lady.

much apparent confidence just what they
intended to do. They have not done 1t
yet
In a speech lurid with rhetoric Mr.. Brown
said that they would prove in1isputable
possession from the year 1852. when the
Carpenter ordinance was passed, and would
follow down chain Of title so strong that
the defendants could not indent single
link with all their hewing and tugging.
But at the very outset they have encoun-
tered a difficulty. They cannot wind the
chain around Mr.. Mullaney, Mr.. Davis,
Ben Morgan and Judge Cotton and their
lawbooks.
The plaintiffs have found somehow that
the latter gentlemen know good deal
about law-pure unadulterated law as "she
is writ"-and on the plaintiffs faces there
is deepening, sad. mystified expression as
they struggle day after day to hold their
"chain" up so the court can look at 1t.
The defendants have gone with them 'far
back to 1852" to the place where they said
the chain began, and have told them kindly
but firmly that they are mistaken-that
there is no chain and no title; that, like the
foolish boy who chases the rainbow. they
will find nothing at the end.
For two days now the defendants have
been dinning this In the ears OF the court
and the "earneu counsel on the other side"
They will din 1t again to-day. and possibly
all of next week. Never was such store
OF legal lore aired in an Alameda County
court.
All the arguments yesterday related to
the early ordinance by which Carpenter is
alleged to have acquired title and upon
which the plaintiff builded SO many r0seate
hopes.
Mr.. Mullaney continued his argument to
show that 1t was illegal. In the incorpo-
rating act by which the Legislature gave
the property TO the town he said that it was
definitely stated Tor what purpose the prop
eriy WAS granted and how II could be dis
posed Of. 1t was not disposed of according
to the stipulations in this act and could not
have been conveyed legally to private cor
poratIon. Even If the statutes authorized
such q conveyance, he declared, then 1t
would be the province of the courts TO de-
clare it void, because 1t was against public
policy.
- He referred to the haste with which the
Trustees turned the land over to Carpen-
tier only week after their election, and
thought that the evident design and circum-
stances attending this pointed plainly to
fraud.
The State had conveyed the property to
the town subservent 10 the rights OF nav-
CATION and fisheries. the conveyance being
in trust for the public. Then the town lad
conveyed away forever the land TO Carpen-
tier. but the conveyance could not possibly
hold good because, In his opinion, the town
c0uiu DOI Sell iu les bitllplt blukic lUOt
under the circumstances.
w. h. Davis occupied the afternoon in
submitting authorities and making brief
comments and explain ations. IL was clear
presentation of the law and at the close he
grew eloquent, stamping the conveyance as
fraud and asserting that the hasty Ttus-
tees did not possibly have time to qualify
between the time OF their election and the
time of the giving away of the water front,
only one week afierward.
The latter point was staggerer. and the
attorneys, the Judges and the spectators
went away thinking about 1t.
Attorney General Hart was asked yester-
day what part The State intended to play in
the claims for the Oakland water front
He stated that he was at present investi-
eating the claims of the State and had
reached somewhat singular conclusion.
This was that RS far as he could see,
neither the railroad with its paper title nor
any other individual had right to the land.
''Then ii belongs TO the State u
80 / think. But what could the State do
with it?-onlt lease 1t to some else."
but every one else would not nece ssarily
want TO hog it all as the railroad does" was
hazarded.
THAT Is So" said the Attorney General
musingly, as If launched into new sea OF
thought
State?"
"Not as long as the present suit Is pend
ing; that would only complicate matters.
but as soon as that Is concluded am
prepared to take steps to assert the States
rights"
The two-yesr-old daughter of James Nc
Feey of 1881 Market street found bottle
Of carbolic acid in the bureau the day before
yesterday and drank part of il. The child
fingered till o'clock the next morning,
when 1t died. An inquest was held last
night.
Otto Fanheck, an old man who has been
living at 1881 Union street. died suddenly. of
heart disease at A. NJ. yesterday at Irving
ton. He had attended the meeting of the
Latter-day Saints the night before and had
remained In Irvington, having been taken
Ill shortly after the meeting.
There are about 1000 Alameda County
voters who have not as yet placed their
names on the new register. The total regis
tration up TO date is about Is 500
Seven additional sanitary inspectors have
been appointed to look after the sanitary
condition Of the seven wards in the city In
order to keep out the cholera. They will
report TO the Health Officer next Monday to
work for month. making an inspection Of
every house in town. The inspectors are as
follows: A. Hollywood. Charles Wilkin-
son. L. +. Jenkins. Stewart Gimmel, John
Knowles, o. X. Stamphey and A. c.
Mooney.
Next Saturday night the Board of Health,
the City Attorney. the Board of Public
Works and the Ordinance Committee of the
Council will hold joint meeting to take
steps to put the city in sanitary condition.
K f. Dubernet has not yet recovered
consciousness from the blow inflicted last
Sunday by Bill Barrett. the Brooklyn
engne-house stoker. When he fell his head
struck the curbing and thus caused con-
cussion of the brain. Dubernet had pre-
vlously had some words with Joe Rodgers
of the Gem saloon and had started away
ha ma
ordered Dubernet to apologize This brought
a retOrt from Dubernet and Barrett struck
him. The latter Is burly fellow while
Dubernet Is rather slight OF form. The
victim of Barrett's blow formerly kept an
art store In East Oakland and was generally
well thought OF. There is only slight hope
Of his recovery.
Walter Wilson. the brother OF United
States Marshal Wilson, arrived iu Oakland
after long absence in Alaska Wednesday.
brothers death at the hands of Evans, the
fugitive train-robber. He left on the even
ing train to join the Sheriff's posse, vowing
vengeance on the assassins.
Antonio CORDOBA a Portuguese resident OF
Haywards. was almost instantly killed yes
terday morning by being caught beneath q
tree which he had felled.
A San Francisco burglar named Sand
helm came to Oakland the other day to get
rich of the profits of nights professional
labor. lie pawn6d watch and a diamond
stolen from Morley's jewelry- store with his
Oakland uncle, and then went back only to
be lodged in Jail. A search warrant was
sworn out yesterday to recover the jewelry
Sandheim will for the time at least abandon
the reciprocity business.
Martin Beel an0 his eloping lady, the ex-
wife of Chauncey M. st. John, have been
heard from. They are in the city OF Guate-
mala, where Beel Is running saloon.
There are two factions among the Sixth
Ward Republicans. M. ID. Hyde. the
leader OF one, called a meeting last night
and an unDledged delegation of the conyen-
ti0n was nominated The ward club will
hold nesting tonight for similar pur-
pose.
Alameda.
Joseph Grill one of the founders of the