The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-01-29
THE QUERY COLUMN
Rights Of Neighbors in Re-
gard TO Fences.
AMERICANS ON ALIEN SOIL.
Gold Shipments to Europe-What Is
Meant by Theosophy- Greek and
Gregorian Calendars.

AMERICANS ABR0AD-F b., an Italian
resident, quotes the last issue OF The CALL
query column as under, with comments;
'The son of an Italian born in America.
the father beng a naturalized American
citizen, is an American, and such son
travelling in Italy is not subject TO the mill
tary laws of that country. % All risk or
trouble could be avoided by a passport,
easily obtained on this side"
On this T. B. SAYS: ALLOW me TO remark
that The question is open 10 distinction II
the sen was born in America after his father
had been naturalzed there is no doubt that
he is an American. Not So according to
the Italian law. if he was born before the
naturalization of his father. 10 that case
he is an Italian. as he was at his birth. The
act Of bis father cannot change his nation
The Civil Code Of Italy says:
'''Sectiou i. The son Of 4 citizen is a citi-
zen
"'Sec,ion 6 4 son bonn in foreign eoun-
try. whose father. before his birth, has lost
bis nationality, is a fore igner.'
Then there is another section in regard to
the military service.
Section y. The less Of citizenship does
not exempt from the obligation Of military
1T may be hard, but such is the law"
Connecting all these points, the chances
are that The arguments IN the case would
be II the kind used in the affair Of Martin
j sZt3. with even a stronger presumption
I'D favor Of TIE United States. +. b. may
uotrecCilect the h0sZta affair, but Il Is worth
quoting. hoSZta came as q fugitive from
tie HUNGARIAN revolution aud took Gus his
first papers in the United States. He sub
sr1ueu y went Ia smyrna. within The juris-
o. t'rrr r,rr.F F.a
Austrian Consul there had him seized aGd
conveyed 90 board au Austrian irigate.
CAPTAIN Duncan lU-raham OF the Il lted
States navy. in command of the American
s.o0p s.. Louis, then a. anchor IN the bay,
trained his batteries on the Austrian fT.gate
AID gave the captain nalf an hour to sur
render the prisoner. The point was yielded
and subsequently sustained IN the dlpi0-
matte contest between she Austrian Minis
ter At Washington, Baron Huseman and
William /. Marcy, tie American Secretary
If State.
Il seems to follow logically that if this
country would 20 TO such lengths 10 protect
refugee for Koszta had actually violated
his lromie t. the Sultan Of Turkey 1t
would certainly protect a native born Amer
lean O. whatever parentage.
FENCES AND FENCE LAws-A NaDa
subscriber writes: ID Can nejgbbor COM
pei me 10 build my middle fence for his
sheep and hogs? TIE fence is good for
cattle and horses but his sheep aud hogs
come through continually. o. Can a neigh
Dor plant his frUt tree ten ana twelve Inches
from the line where there Is 20 fence ana
then stand on NV land to pick the fruit that
hangs over IN nay land three OF tour feet?
3 VIII that land of mine near bis trees
The three feet he wOTkS-oec ne his BY
working tor number of years? al This
ne Eh5oT also uses my road-for lis trees
ana vines are within ten inches Of the line.
VIII be get right Of way on my road by
using it o number Of years? o. Where can
/ get cheap OK explaining the fence
law?"
There IS about $500 worth of legal advice
in this matter, but Oh the general PROPOSE
uon tie law Is clear. The strict c0nstruc-
ton varies IN some of the counties, but the
California statutes are positive on most
points.
Section S41-Nonuments and fences:
Co-ermln0US owners are mutually bound
tQuaIly 10 maintain Cd the boundaries be-
tween them O. the fences between them,
uuleS, enc Of them chooses 20 let his land
lie without fencing, in which case. if he
alt6rward incloses L. he must refund TO
The other just proportion OF the value at
that time OF any division fence made by the
latter.
On common sense view OF the matter it
would De cheaper Tor you and your nelghb0T
u halve Tie cost Of sheep and hog proof
fence" than 10 90 10 law
II yOuT neIghbOr has planted fruit trees
ten or twelve inches from the line where
there Is no fence he has no right TO 20 OF
your land 50 pick the fruit
Ii party is permitted 10 exercise acts OF
control and ownership for five years ne be-
comes al owner Therefore you should
notify him.
So with regard to the roadway. H. will
get rigat Of way if he uses your road for
I'VE Years.
As TO a cheap book explaining the fence
law" the cheapest books are always the
dearest Did you ever read The old saving
that The man who is his own lawyer has a
tOnl for his client?
The cheapest way ont Of your trouble is
TO nave TIE matter settled by friendly arbi-
traion. In any case, II YOU are bound 10
contest The issue, cheap law is dear law, and
Lad aw IN the end. IL will certainly cost
you and your friend less TO build the fence.
CALENDAR CHANeEs-G. W. City. writes :
Q)What IS he difference In time BET ween the
Greek calendar and the Gregorian? ~
Please explain the whole matter 90 Was
Washington's birthday on February II or
February , and why is the latter date OBJ
served?
The last question is best answered first.
Some early biographies Of Washington say
that he was born February II, others that
lie was born February II old style, or Feb
Tuary y new stVle.
Hereby hangs the whole tale-a difference
II eleven days. 1t also explains Why the
year 1890 viii not be a leap year.
Tie Old Roman year contained 355 DAYS.
OF twelve lunar mon tbs, with an lutercalary
month thrown in periodically 10 make up
the difference, since 1t takes more than
twelve 10 make solar year. Then julius
Cesar, In B. G. z6, made the year to
# D.
an error In the opposite direction,
as the natural year consists Of II minutes
10 seconds less than 1854 days, the error
amounting TO IS hours 50 minutes and 40
seconds in century. By the year 1882 the
accumulated error was ten DAYS. Pope
Gregory XII remedied this by ordering
The dale October Of that year to be ad-
vanced To aud reckoned as October 10.
and 10 prevent repetition Of the error
ordained that every hundredth leap year
should not be leap year, excepting
the year 20J0 and every four bundredth
year thereafter. This reduces the error to
twenty-five seconds year, or about six
hours Ia 1900 years In England tie change
was not made till 1851. by which time the
ten days Of Pope Grsgory's time had in
creased IN eleven days. The order took
effect ln England and the colonies In Sep.
tember 1852, when eleven days were struck
out OF the calendar by reckoning Septen Der
rs September IA.
AUSTRIAN COINs-Mrs. D. H. G., San
Lorenzo, Cal Tbs coin Of which you for.
ward an impression is an Austrian thaler
locally worth about half-dollar The in.
scription is: Francis l., Emperor Of Aus.
tria, Del Gratia. A. ID. 1919. The abbreyia.
tons Hun" Bob, '.Lomb. ven. i" re.
fer respectively to Hungary, Bohemia. Lom.
hardy and Venetia. q 1t is against the
rules Of the @ c. to state if there is any pre-.
MUM on coins.
THEosoPHY - Subscriber, City. The
name is from the Greek work theosopha
meaning divine wisdom. Theosophy DIFF
iers from both philosophy and theology,
since it has nothing 10 do with philosophical
methods and has two small following to be
called a religion. Theosophy reiacfs Ell