The morning call., 1893-10-31
THE WATER FRONT
Judge Ogden Overruled
the Demurrer.
THE SUPERVISORS DoINGs.
Peters Handwrlting-Daring Rob-
berry at Fruitvale-Unidentified.
Nellie Murphy's Dress.

oAKLAYD.-Judge Ogden overruledithe
demurrer yesterday of the Waterfront
Company to the complaint filed By the city
TO quiet title to Oakland's water front.
Judge Ogden's courtroom was occupied
by the Supervisors, and court was held IN
the rooms of the law library downstairs.
Harvey Brown appeared for the Water
front Company and argued at some length
from his standpoint, quoting from numer-
Gus authorities. Attorney Lair Hill ap-
peared for the city.
The railroad will now have to answer
the original complaint, and was given
twenty days in which to prepare such
answer.
In overruling the demurrer Judge Ogden
made use of the following language:
''As I understand it. the State owns all
land covered by tide water within its
boundaries. If the State has the right to
transfer its title to a municipal agent sub
ject TO a right of user, this l assume. Ii
the complainant has the fee l do not thin K
it becomes incumbent upon the city OF
Oakland TO set forth by metes and bounds
the two pieces of land to which it seeks to
quiet title.
A Few of the Affidavits.
The case of the Waterfront Company
VS.. Fortin came up in Judge Henshaw' s
court yesterday, Attorneys Martin and
Moore appearing for the railroad and At
torney Mullaney for defendant
At the previous hearing In the case the
defendant furnished aff1davits from num-
Der of witnesses stating that the street had
been open for twenty years, and supple
mented these with the affldavlts OF twenty
five others who swore that Castro street
had been open for eighteen years.
Time was asked by the railroad for the
gathering of affidavlts, and yesterday Al
torney Moore was on hand with an aTmful
of these precious documents.
Mr.. Mullaney said he wanted tima to
examine these affidavits, and Judge Hen
shaw put the case over two weeks.
The affidavts filed yesterday were to the
general effect that the street has never
been used by any person except Fortin.
unless by parties using the property there
abnuts IS dumping-ground.
The affidavlts are signed by +. II. Wool
sey, W. II. Summers, David Berry. NJ. W.
Kennedy, William Stack, David Bains, w.
a. Duncombe, ". w. Moore, George Tay-
lor, B. A. Clark. Watson, NJ. J. Hal
laghan, j. Il. Marlatt, Victorian0 Rico, E.
George Pnkham, Ole Vincent, j. III.
Saufiey. W. w. Moore Jr., E. Tewell. c. II.
Ludlow, Mat Keefe and many more.
In connection with some of the affidavits
procured for use in this case by the rail-
road company before Notary Dusin bury
last Friday it is said that complaint will
shortly be- MADE to the Grand Jury. now
sitting, and thorough investigation had.
The Supervisors Meet.
Nearly thirty applications for help we're
received by the Supervisors yesterday.
tc frnr ind
living in all parts of the county. and some
OF them were pathetic and urgent in tn
extreme. AS a general thing they were
referred to the Hospital Committee or in
dividual Supervisors for further action.
County Expert Hannifin reported that
he had examined the report of the Grand
jury expert and announced that, with a
few slight differences in the measurement
of some printing claims, the report was
correct.
The bid of the Haywards Electric Rail-
way for franchise Oh FruItvale avenue,
from Fourteenth street southerlv to a
point 100 feet south of the Southern Pa
cifc Railroad, was read and the matter
taken under adyisemenG for a week. The
bid offered to pay the county 22 per cent
or the gross receipts and 10 allow United
States mail-carrieTs on duty to ride free.
In this matter Supervisor Plunkett op-
posed the granting of another franchise
on that street. He preferred that the line
be run down the ayenne east OF Fruitvale
avenue, so that the latter street could be
used by carriages.
Mr.. George Reed, speaking for the Hay.
wards line, said his company had con.
suited with Mr.. Sessions. and that the lat.
ter had agreed that if the franchise wa:
granted one track could be used TO Tur
down onto the railroad and the other Il
Fourteenth steeet.
A Note In a Bottle.
Joe Walsh OF 1866 Eighteenth stree
picked up floating bottle yesterday morn
ing on 1.-THE shore near Six.eenth-street
II was a half-pint bottle and contained &
scrap of paper. Walsh broke the flask anC
read the following lines:
Near Tiburon.
Good-by wife and babies.
J. j. PETERS
The hand writing was identified uptown
as that OF j. j. Peters of East Oakland
who disappeared from home month age
and was believed to have been drowned.
There are many rum0rs IN circulation as
to Peters fate. 1t is said that be borrowed
gold watch, valued at $3.50, the day be-
fore he disappeared.
According to another report Peters drew
out $500 that he had 10 his bank shortly
before he is supposed TO have been
drowned.
Inc only traces Oh Tue Whu ever louuO
were his empty boat and his overcoat II
it. He is said to have been seen in Oregon
lately. but his family remains steadfast ii
the belief that he was drowned.
Knocked Down and Robbed.
George W. Stone is young man who as
sists in the ticket-o office of the Fruitvale anC
Laundry Farm Railroad at Fruitvale. Or
Sunday night Stone was in the ticket-offlc'
and saw q face peeriDg through the of1ic'
window at about IL o'clock, and noticed ;
fellow skulking about on the outside Of tn
station. He called the attention OF
special officer to the chap, and very sool
thereafter be had vanished.
At about ] O'clock Stone closed up th
office and started for his home. He put tn
railroad company's money, about 500, II
fis inside vest pocket While on the roe
some one jumped from behind clump o