The morning call., 1893-09-04
BERKELEY.

Next Tuesday evening will see the conn.,
meDcement of trial of special interest TO
all the people OF Berkeley.
After the election of May 8, 1898, at
which the majority of votes cast on the
question Of reorganization of the town
government were in favor of rencorpOra-
ton as city of the fifth class, an cleo
ton was held for the election of city
officers on June %, and July s the city
government began its operation. The
claim was made that the reorganization
was not legal in several respects, and the
old town Justices-LOng of East Berkeley
and Penwel of West Berkeley-refused
for several weeks to give up their dockets
TO the city officials.
Finally. Isaac Wells, who had been
elected Town Treasurer, brought suit
against the present city government to
recover his offire. The City Attorney,
Mr.. Robinson, last week flied his answer,
ana Judge Henshaw of the Alameda
Superior Court, as his docket is filled
for some weeks ahead, has consented To
hold special night sessions OF the court
upon the suit testing the legality Of the
city government, and has set the begin
ming of he case tor Tuesday evening.
Both the City Attorney and Mr.. Hans
com, the principal mover in the reOrgani-
ZatIOn last spring, express grave doubts as
To the steps taken In The change standin e
the technical test of the law. The main
points at issue are these: % Did one
fifth the qualified electors sign the original
petition for the change of government
% Was this petition IN legal form? 81
Was the question OF reorganization legally
carried at the polls? (4 Had the electors
in the Lorin district annexed less than a
year previous, the right TO voice in The
matter?
In regard to the first, there were 245
names on the petition, but first, these are
n OF definitely known to have all been
electors, and again, while being more than
One-ffth the vote cast on reincorpora-
tion-1050-it is less than one-ffth OF the
total vote caSt-1341. As 10 the second
point, Mr.. Hanscom, who had charge of
the petition. states that the signatures
were not on single sheet. bnt several
sheets pasted together, with the pet
ton on the first only. Legally, it
is understood. only The first sheet
can stand as the petition. The third point
has the support of high authority on both
sides. There were 1341 votes cast at the
polling Of May s. hut only 1850 of these
we're uron the question OF reincorpora-
ton. Of these 1850 a majority by II
favored reincOTporation. But this was a
minority OF the total votes poiled, and the
question at stake is: Does majority refer
to the vote on the particular question for
which the majority is required. or does 1t
refer to the total vote polled on the same
occasion?
As the points of the controversy are few,
and the facts readily produced. the decision
being largely An application of the law, IL
Is thought the decision viii! be rendered by
the last OF the week. the court sitting each
evening until the matter is decided.
AS TO what will be the results IN case IL
is decided that the government for the past
two months has been extra leeal-how the
question OF salaries OF the officers of the
de factO government and those of the
government de jure will be adjusted, and
tie validity OF the acts of the government
de facto will be affected. ali this remains 10
be seen.
The Prof. cted Conservatory.
From the plans of Lord aud Buraham
of Irvington. New York. 1t is seen that
the con servatory. the erection of which
was recently voted for by the regents, will
be a handsome architectural addition
to the university buildings. The cost of
the structure will be about $4,000. It
will cover some 1000 square feet, having a
greatest width of 60 feet aud length of 10
feet. The central portion, or palmh0use,
will be 45 by % feet. with a central height
OF dome of AZ feet Iron and glass Will
make the building fire proOf. no wood being
conservatory will be located on the slope
between north hall aud the observatory.
directly west OF the new mechanics build
ing. commanding view OF large portion
OF the grounds.