The morning call., 1893-12-28

men. which he fraudulently and falsely
| and wilfully represented to be mortgage,
and that she did not then or for a long
time afterward know that the said iDstru-
ment so signed by her was in fact the
form of and purported to be a grant, bar
gain and sale deed absolutely to the prem
ises mentioned in the complaint"
The defendants ask that the plaintiffs
take nothing and that the said mortgage
be declared of no effect, cancelled and an
nulled.
Strike of the Garbage Men.
There has been no garbage collected in
Oakland for the past week, and it is un-
certain when there will be any collected.
The result is that housewives of Oakland
are making vigorous but so far unavailing
protests
The garbage collectors have combined
against a new city law. which compels
them to have wooden covers on their gar
bage carts in passing through the city.
They claim that the restriction Is odious
and unnecessary, holding that when gar
bage is mixed with ashes 1t is no longer
garbage and it is unnecessary for them to
cover their carts.
One of their number. A Biggi. has been
arrested for violating the ordinance and
he was on trial yesterday in the Police
Court. His attorney also claimed that the
Objectionable ordinance was invalid, as
drawn.
Judge Allen to ok the case under advise
ment until Saturday. In the meantime no
garbage Is being collected nor will there
he any until the matter is settled. If the
Judge should decide that Biggi is guilty
OF violating the law fifteen other garbage
men will be arrested.
Books and Records.
Attorney T. c. Spelling, who represents
Mrs. Heath in the sensational suit which
she has brought against the Life and An
nulty Association. has secured an order
from the court directing Receiver George
Burbeck to permit him to inspect all books
and papers belonging to the defunct cor
poratlon in his possession.
Spelling claims that unless he is re-
stra ined Burbeck will allow the books and
records to be taken out of his possession
and carried away where they cannot be
again obtained to the irreparable loss of
the creditors and policy-holders.
SO the court has issued an order that
none Of the papers or records are under
any circumstances to 60 out of the hands
OF the receiver.
Boogar in Contempt.
Philip Boogar forgot to pay his wife
allmony as ordered by the court, and he
VIII be required to show cause why he
should not be punished for contempt.
Attorney Benson. on behalf of Boogar
dppCdtCQ DtlOfc Tic CUuTl anu ou
that the old man had been paying his wife
$50 month and giving her house rent
free. but that did not seem to be enough
for her.
Judge Ogden gave Boogar until Satur-
day morning at 10 O'Clock to pay his wife
the amount of alimony ordered to be paid
by the court.
Locked Up as Insane.
Mrs. Louisa Sturgeon of East Oakland
was locked up in the County Jail yester-
day on charge of insanity on complaint
OF Deputy Constable Grant of East Oak
land. She has daughter residing at
Golden Gate who is recently from the
East who objected to her mother being in
generated, thinking some other means
might have been adopted. but a son and
the husband OF Mrs. Sturgeon thought
that this W as the only course to take and
the daughter was overruled. neXamina-
ton will be held to-day.
The Anti-Gate Ordinance.
Mayor Pardee received the opinion of
the City Attorney as to the validity of the
Dow anti-gate ordinance yesterday after
noon. 1t as six pages of typewriter
manuscript and covered the subject in de-
tail. DIR. Pardee declined to give out the
report of Mr.. johnson on the ordinance,
reserving 1t until to-day. 1t is understood.
though, that Mr.. johnson has decided that
the ordinance is illegal. In this opinion
Messrs. Davis. Hill and Powell. attorneys
for the city. concur. They have also filed
a written opinion.
Will Contest.
Ratricio Peralta has filed formal protest
against the admission of the will of En-
catnaciOn Gslndo de Ayala 10 probate,
claiming that il is a forged will. The
allegation is also set up in the petition that
certain parties are attempting to swindle
and defraud the rightful heirs of the de-
cedent. This will contest involves the
Oldest family in Alameda County. and
unless it is compromised it will be quite
sensational.