The morning call., 1893-12-20
THE GATE ORDER.
Belief That Mayor Pardee
Will Sign 1t.
Is Mr.. Chestnut a School Director ?
Trouble About Woman's Money.
Brother and Sister.

OAKLAND.-It is confidently believed that
Mayor Pardee will sIgn the anti-gate ordinance
which has been passed by the Council and
which will apply TO the trains the Southern Pa
cfc is now operating on the Seyenth-street
line.
The Mayor will not, however, sign the or,il-
nance Immediately. He never does sign any
ordinance without first waiting five days to give
all parties who are interested chance 10 be
heard before he af1ixes bis signature and makes
The regulation the Council has adopted the law
of The city.
With the anii-gate ordinance the Mayor will
make no exception. Although his mind Is
pretty well made up In regard TO the matter he
Will give those who do not think the gates
should be taken OFF an opportunity to convince
him 10 the contrary.
The City Attorney takes the very peculiar
position that the ordinance Is invalid, and hat
it can never be enforced If the railroad COM
pany sees fit not TO obey il. Mr.. Johnson claims
that IL has been conceded that the railroad
company was not compelled to carry passeD-
gers free on Seventh stleet. This being the
case he says that the company Is privileged TO
adopt such measures as ii may see fit 10 protect
Itself against free travel. He claims that the
courts Will net hold that the ga les are an un-
reasonable OF an unsafe measure.
There are numerous other attorneys, though
who claim that Mr.. johnson takes The wrong
view Of the matter The railroad officials have
not yet definitely made up their minds whether
they Will obey the ordinance after il is signed
by the Mayor or not. II they do not the plan is
10 arrest Division Superintendent Wilder for
all violations, and possibly General Manager
TOwne.
Now that we have passed that anti-gate
ordinance" said one m mber of the Council
yesterday, al propose TO do all that can TO
enforce lt If it becomes a law. The railroad
Oifcas need not think that we passed the or
dinanse for fun. When we passed it we meant
business, and we did not mean that the ordi-
nance should be dead letter"
Ia He school Director.
When School Director Chestnut returned from
the East after absence OF sixty days he
10uno his right TO sill as member OF the Board
OF Education challenged, aDu Mr.. Chestnut Is
himself a little In doubt as 10 where he stands.
AT The meeting of the school board last night
Director Chestnut said lie would refrain from
voting on any proposition for tear that his vote
might inyalidale in the future such matters as
lie had voted on He said that San Francisco
decision had recen tly been called 30 his atten-
tiOn in which a member of the school board was
declared out OF office because OF being absent
Sixty days.
MIR. Chestnuts explanation seemed satisfac-
tory until the matter of voting on furnishing
Piedmont or Contra Costa water for the La
fayette and high schools came up when the
Director who had been absent sixty days ex-
pressed desire 10 put himself on record by his
vote.
Director Redington objected as be did not
consider him member.
Director Whitehead wanted 10 re-elect MIN a
member, and Director Reed thought the IDEA
good one and seconded the motion.
that such move might jeopardIZe whatever
standing Mr.. Chestnut already had.
Director Giiard said he already had a man
picked out for the position IL nominations were
TO be made, and mentioned Colonel George G.
Edwards. a good Republican," for the place.
This shocked Director Clement, who said they
wanted bO politics on the school boa rd.
Director Glrard veiy plainly said: I'VE do
have politics on the board l am Republican
and l was elected by Republicans"
An effort was made to withdraw Mr.. Chest
QuDs for reelection. bIff IL failed nd n
motion came to a vote as follows:
Ayes-Rued, Redingt0n. Reed and White
head. Noes odd. Girard. Clement and Evans
The whole matter was then referred TO the
City Attorney for an opinion.
An Insane woman's Money,
Andrew J. Duffy, who is well known in Oak.
land, and Newton III. Lussier are Quarrelipg
over an estate OF $4,000 whicn belongs to
Sarah Idalia Duly, the wife of the former and
the brother Of the latter.
Mrs. Duffy is one OF those unfortunates who
is confined at Agnews. being insane. For
merry she was the wife of man named Baci-
gaupli. and as result of that marriage one son
was the issue. l lie little fellow is also an un-
fortunate, for he is deaf and dumb. He is OBJ
tanning his education at the Deaf, Dumb and
Blind Asylum az Berkeley But while all of
this Is going on tn husband and brother are
0uarreiing as 10 who shall manage the estate OF
the mother. Yesterday Lussier, The brother
nled petition asking that he be appointed
guardian OF the estate OF bis sister, He asserts
in his petition that Andrew Duffy. the husband
Duffy is himself an applicant for the guardian
ship.
The whole contest is one to determine who
shall handle Mrs Dufy's proper y. Accord
ing to Duffy his wife was very Jealous woman
and she feared that his affections would be.
come alienated. SO be Claims that In order 10
prove 10 her his love and affection he one day
called her in and decided TO her bis property
The result is that the holdings now standing
IN her name and over which such contest is
being made all belonged TO him once The
struggle In court will be bitter one as both
sides have engaged attorneys and propose to
fight It out.
Quiet Me eting of the Police Commission.
The meeting OF the Board of Police and Fire
Commissioners yesterday afternoon. was con-
trary 10 expectations. very calm and devoid of
extraordinary interest. 1t was understood that
the board would dismiss from the force Officer
Andrews aud McCloud, who had been sus-
pended by Chief Schafier for neglect of duty
Officer McCloud who Is somewhat of a lawyer,
was on the programme to appear and make cor
tain charges against Chief Schaffer
But instead oil dismssing The officers the com.
mission merely requested Chief Schaffer to at
once file charges in writing against them. Then
those charges will be investigated by the board
in open session. IU the meantime the Chiefs
order OF suspension is IN force against the two
officers.
Court Notes.
W. ID. Foster has sued d. D. Hayes on
promissory note. Hayes makes as defense an
allegation that the note was obtained from him
by j. w. GeIvin by fraud.
County Assessor LecKle will bring proceed
ing in court 10 compel Mayor Pardee to either
approve or reject his claim for S2611 for dupIi-
cate copips of the assessment OF the city fur.
nIshed by him to the City Assessor The City
Attorney has already decided that the city will
be compelled TO pay this claim.
The Brother Accused.
When Celestine Bouclet died she left a will
with cOdiciI attached. The will was sattsfac-
tory TO every one. but the codicil greatly dis
pleased her daughter, Anna Massonade, who
h.od dor led tn 4 In
pers, which she fled yesterday, she accuses
her broth~r OF unduly influencing her mother to
draw the codci
Anderson on Trial.
Edward Anderson Is on trial In the Superior
Court before Judge Ogden and jury. Its al.
legged that on March IA last Anderson as.