The morning call., 1894-08-07
CANNOT PRACTICE.
Sarah Altlfea's Attorney
Still Disbarred.
IN MEMORY OF PLUNKETT.
The Supervisors Call for an
Election.
ANOTHER MILITIA COMPLAINT.
George Gray Is Held to Answer for
Attempting to Shoot Exc
Secretary Bennett.

OAKLAND.-G W. Tyler. who achieved
notoriety in the great Sharon case a few
years ago, and who was afterward dis
barred for unprofessional conduct, ap-
peared suddenly in the Alameda Superior
Court yesterday as substitute attorney
and attempted to carry on case, but was
promptly stopped by Judge Ellsworth and
told that he was still under the ban.
Tyler looked much the same as in the
old days, only that there is a little more
gray in his hair and beard His style has
lost nothing in vigor during his forced
exile.
After the Sharon case Tyler acted as at
torney or agent for man named j. NJ.
Hogan, and during this service it is alleged
be collected S3862 for which he never ac-
counted to Hogan. The latter sued Tyler
and recovered Judgment, with the addition
af S2S4 10 as costs. On an appeal the
Judgment of tho lower court was affirmed.
In bank the Supreme Court ordered that
Tyler refund the money or stand Gisbarred
from practice.
Tyler arose before Judge Ellsworth in
the case Of RuIlon vs. Miller yesterday
morning and stated that he was there to
represent Attorney r. b. Tappan Of Al a.
media, who was unable TO attend the court
because of injuries received.
Judge Ellsworth was surprised. He
looked first over his glasses and then un-
der them, and finally said very SLOWLY and
deliberately: "WPll, Judge, l don't know
in what capacity you appear before this
court"
Il appear here as an attorney of this
court with as full a right to practice as
any attorney before il" said Tyler.
I'VE all know what the conditions have
been. l simply desire to know il the Su-
preme Court has made any further order
in your caSe?
II was about to state" Tyler explained,
"that since that order the case of eX-parts
Tllden has been decided. Under that [
believe that | have 2 right to practice
law until objection Is made, by affidavit or
otherwise, and that l not disqualified. The
law Dresumes that at the end Of five years a
judgment IS paid, WIS accused, however I'M
justly, OF felony ia appToprlaing money col
lected for Client l claim Upon TWO grounds
that l nave a right to appear here attor-
ney. The law, in the first place. presumes the
Judgment has bren paid, and secondly the
Judgment is void
Judge Ellsworth replied: II do not under
stand that our statute of limitations presumes
the humiliation OF a debt, but simply that It
reposes. In my opinion the presumption that
the debt is discharged does moi apply"
Judge Ellsworth went on, speaking OF the
Tideu case, aud stated that he did not see any
good reason, with all respect to the Supreme
Court for the decision IN The TldeD case.
In answer Tyler said that the Supreme Court
had practically decided that disbarmeut is a
criminal proceeding, and that the court had no
right TO pass upon the guilt or innocence Of
person, that ing matter fOc a jury.
Judge Ellsworth decided that he could not
act IN the matter, that would be virtually
reviewing the case, and this should be done
alone by he Supreme Court.
This, Tyler said. was just where he wanted TO
get his case. An objection TO bis appearing
an attorney would, should he persist, place him
in contempt, and be would then have bis case
Teconsidered on habeas corpus proc edings.
III lRT UnVTh oil hl aanf Ne rrFao
The object. He SAID: Il will deny your apDlica-
tlOn-tO appear as an attorney in this case and
you may apply for a writ Of mandate" To this
Judge Tyler noted an exception and stepped
aside.
VIII Call an Election.
Last night the Council took steps looking to
the calling Of a special election to issue S14O,-
600 of bonds TO redeem that amount of out
standing school bonds voted 10 1882. These
bonds are due in October, and unless provision
is made for their payment the tax levy would
have TO be such that some of the city funds
would surely suffer An ordinance intro
duced and read a second time, which fixes the
date Of election as September %. One hun
dred and twenty Of The bonds will be OF the de-
nomination Of $1,000 EACH and forty will be for
5000 each, payable in forty years, one-forGieth
10 be redeemed each year. Arrangements were
made for four voting precincts In each ward,
excepting In the Third and Fifth, where there
will be three voting precincts N each. Regard.
ing the contemplated charter changes resolu-
IiOn was introduced asking that the matter be
considered at meeting TO be held on Thursday
of The charter, particularly that portion OF it
which deals with the Board Of Public Works.
II also asks that the Mayor Invite the free
holders who framed the cnarter TO be present
and consult with the Council regarding the
amendments.
Walter Sperbeck Missing.
The firm OF Sperbeck Bros, who owned the
Oakland Mattress Factory on Fourth street for
some time past, succumbed to hard times few
weeks ago. The fact of the failure worried the
Sperbecks. more particularly ". F. Sperbrek,
who is a resident OF Alameda. He lived at 632
Santa Clara avenue in that city, where he has a
wife and two children. There was meeting of
the creditors Of the firm at Hotz. Bradford &
Co.'s 760 Mission street, San Francisco, YES.
terday, and the Sperbecks gave notice That
they would be on hand. One of the brothers
was there, but W. f. Sperbeck did not put in
an appearance. and his brother came over
from San Francisco TO see what was the reason.
He went to the house and was there told that
Walter had left the house at 8 O'CLOCK in the
morning. Last night his disappearance was
reported at the City Prison.
Acme Club Candidates.
The Acme Club held melting last night at
which candidates for the various offices in the
club were selected TO be voted for at the cleo
tion to be held August 81.
President Whidden presided at the meeting.
The following names were selected from which
members may choose their officers;
President-George F. Neece, Judge J. J.
Allen and Wills Sharp.
Vice PRESIDENT. McPolk.
SecTetary-John Williamson.
%
Hannihn Jr.
l. sder-Edward Miller
e DirectoTs-Paul Carroll, j. H. Wright, w. J.
keatlng i. A Parrish, w. j. Smith, +. b.
Gould. o. j. Mullen, j. T. Seanlon, II. +. Flem-
Ing, Tom Mulvaney,. Joe Clement George
Faulkner, Harry Germaine.
In Memory of PIunkett.
The County Supervisors met in regular ses-
sion at their new rooms yesterday. Their first
action was TO adopt resolutions of respect 10 the
memory Oh their late member, James @. Plum
kett.
Assistant District Attorney Frick then read
from the statutes, showing that it was obliga-
tory upon the board TO cali special election TO
I'LL the vacancy caused by Mr. Plunkptt's death.
The board then fixed August 81 1894, as the
day for the election for Supervisor in the Fourth
District for the unexpIred term.
Routine business was then taken ND. An or.
dinalee was passed making IL an offense pun
ishable with hne OF from $40 to 5000 or i'm
prisonment Of from five to thirty DAYS TO fish
or hunt for quail With a purpose OF sending
game 10 market.
Say They Jared Badly.
Company Of the State militia, which is an
Oakland company, has certainly Jared badly
during the late unpleasanlness In connection
with The railroad strike. While loeaTed in Ala
media the company had serious charges brought
against it by The publisher Of an Alameda pa
per in which immortality was laid at the door Of
the members.
This was not all. The company was stationed
at the Point for a few days. and while there saw
that the fare they received at the hands of the
commissary was simply abomnable. The bows
of + Company say that this commisSary of the
brigade who was formerly captain OF one n +