The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-05-19
THEY AREELIGIBL
Oakland Judges Can Try
the Case.
Triumph for the Waterfront De-
fense-Republicans Preparing -
for Their Primaries.

OAKLAND.-Ihe motion having heretofore
been made by be deiendau; in this action that
his determine the qualification Of HE Judge OF
Department 10 try said cause, and said mo-
ton having been duly argued before The court
IN bank, ana tie court sitting il bank being
duly advised, It is now ordered that said Judge
- of Department Is NOT disqualified by reason
of interest or otherwise TO try said cause. To
which ruling defendant excerpts.
Such was the entry made yesterday in
the record Of the suit % quiet title bought
by the city OF Oakland against the Oakland
Waterfront Company. and that is de-
signed 10 forever settle the question OF
who owns the Oakland water front.
The decision was rendered by judges
Greene, Ellsworth and Ogden sitting in
bank, and was unanimous. First blood in
the great legal battle is thus scared by the
city.
Although Judge Ogden's qualification TO
try the case on account of his being q res
ident and taxpayer of this city was the
particular point raised, IL also involved the
question of Qualification Of each Of the
Judges.
The water front attorneys had contended
that as citizens of Oakland and as inter
ested parties in the suit the Judges minds
vented from rendering a perfectly impair
tial decision in the case.
AT the request OF the other Judges Judge
Greene rendered. the opinion yesterday
morning.
He reviewed the progress of the Water
front COmpany's fight for a change of
venue and stated that the plaintiff, the city,
dad admitted that each ana all of the Judges
were taxpayers in this city; that the Judges
Woul1 only be affected to the extent OF 90
cents, the outside ak for costs of trla IN lie
event of The decision going 10 the plaintiff, and
that while the city alleged ownership of the
land described in the complaint. which Is the
subject of the action, its title 10 these lands is
held in trust for the benefit Of the people Of The
State
in common law the great weight of authority
is TO the effect thar such a small interest as
that alleged by The defense 10 be felt by the
Judges in This case would lncapacitate those
Judges from sitting in The case. Such has
been the ruling IN England and in many Of the
State courts or last resort in this country
But section 1888 of the Civil Code declares
that ''lhe law disresarOs trIfes," which must
be given. A liberal construction In its al plea
ton. and applied TO the case at bar substan-
tally OverTuieS the common law doctrine that
such an interest as so cents would disqualify a
Judge from sitting.
Ii was therefore held that the common law
rule IN such case does not apply in this State,
where The interests so small, and suclf only
every taxpayer in The city has IN the event of
this action.
Attorney Martin on behalf of the Water
front Company, TOOK an execution.
Mr.. Martin said that his side was ready and
anxious to proceed with The case.
A. A. Moore entered a protest against Yaca-
ton interfering With the trial
Judge Ogden said he would give mp his yaea-
ton If the attorneys would give up theirs.
Attorney for the city SAID be and MS assOc
ates were ready TO proceed The case was ac.
cOfdiugly set for Tuesday next at 10 O'Clock in
The morning.
~. Preparing for Primaries.
The Alameda County Republican Central
Committee Will meet at O'Clock this after
noon at Justice CUTS court for the purpose Of
making arrangements for the holding OF
primaries at which the delegates TO the State
convention viii be chUSea.
. The State convention will be held on June
10 and, the committeeman are divided as 10
when II VIII be best 10 hold tile primaries.
Some of The committee hold an early election
best, making The date May 26, wlnle others
favor June as early enough. There are still
others WHO would put the date on to June ..
Alameda County Is entitled TO sixty delegates
under The call OF the State Central COMMITTEES,
and there seems TO be no special fight on hand
for any candidate. There is a nope among the
freHds of Judge Henshaw that there Will be
a harmonious delegation sent 10 Sacramento 10
urge the claims OF that gentlemen for The Su-
preme bench.
Want a Say.
Attorney T. c. Spelling VIII on Monday next
make motion IN the interest OF the holders of
immatured coupons in the defunct life and
annuity association. He says he has on his
Hist such holders 10 the amount Of S354,S50,
election OF an assignee.
Mr.. Spelling Will BE- opposed by Lawyer Saw
yer, who represents other creditors.
Has Guardian Now.
Harriet w. Strong has been appointed guard.
ian OF Helen Dawson, aged IL Years. j. A.
Dawson, The father, is in Arizona, and has con-
trlbuteG nothing 10 the chlld's support for
year. The mother could not properly care for
the girl ana was oesirous of having guardian
appointed.
Notes.
Department-Commander J. NJ. Walling of
Nevada City will pay an official visit TO the
Oakland g. A. K. posts on Tuesday next.
movement is on foot among the unemployed
10 establish labor bureau, where help can be
obtained at short notice by farmers and others
needing men.
James Cannon the burly young plasterer
who slapped his old grandmother, has been
sentenced to serve term of fifty days in JAIL
IN default of 500 fine.
" BERKELEY.