The morning call., 1894-05-08
The Supervisors Refuse to Issue
Scrip for Road Building.
SACRED CATHOLIC OBSERVANCE.
Defendants in the Castro- Street Case
File Answers and Demand
Jury Trials.

a motion for change of venue in the case
wherein that company is sued for The
recovery of the entire water front OF Oak
land by the city.
The principal ground upon which the
motion was made was that the Superior
Judges, before whom the case must OF ne
cessity be heard, were disqualified because
interested in the property in question as
taxpayers of the municipality.
The motion was argued at length before
Judge Ogden. who took the matter under
advisement. Yesterday he handed do wn
his decision, denying she motion.
While three of the Superior Judges -
Greene. Henshaw and Ogden-are resi-
dents of Oakland. the fourth, Judge Els
worth. resides in Alameda. The latter was
also included III the motion for hange of
ven ue because, as taxpayer in the coun-
ty. he was also interested.
The decision is to the effect that Judge
Ellsworth is not disqualified, but as to the
other three Judges 10 opinion is expressed.
The decision is very long, covering many
law points. and closes as follows:
Under our present system city or town Is
Incorporated, having full power to sn or be
sueu on its corporate name. Private property
is exempt from sale for the payment OF muni.
section 10.
Should assume that the weight of judicial
precedents is to'establsh the doctrine that ill.,
habitants and freeholderS are not competent to
sit as judges in actions wherein their cities are
parties? upon this point express no 0pinion)
Yet, having in view the very marked differ
ence between the conditions present when The
early decisions OF our courts were rendered,
and The conditions OF the present day. when
our cities are bodies polite and corporate. when
our modern legislation has exempted from sale
t,a oft tIai it.1a anf oh nf
the municipality, / deem it unWlse 10 extend
the rule heretofore followed in the States in
question, and hold that the mere fact OF judge
holding taxable property within municipality
would thereby dsgualify him from acting in
case wherein such municipality should be
party.
II follows that change Of venue must be de-
MED, and 1t is so ordered.
After the decision was made known At
torneys Moore and Martin for the railroad
company presented bill OF exceptions,
from which il is evident an appeal is in
tended.
Regarding this bill of exceptions Attor-
ney Davis for the city said:
This has the appearance of promptness and
expedition. but on the contrary 1t Is intended to
delay, and will lead to all OF the delay possible
in getting ruling from the Supreme Court upon
Judge 0gden's order.
i he way to get that Immediately would be to
apply for writ of prohibition TO prohibit him
from going on with the trial.
the matter at once. Hence this course is not
followed, but the appeal is. and thereby this
question can be kept in suspense year or
more.
In the meantime the trial will procee d, but
this venue question would be in suspenSe-that
Is, the ultimate decision.
IndustriaIs Want Help.
The Industrial regiment that left this
city a week or two ago for Sacramento are
about to return upon Oakland. Their sole
object in coming back here is to dis band
This could as properly be done at Sacra-
mentn, but the men ale anxious 10 see
Oakland and San Francisco once more.
and so have accepted Sacramento offer to
pay their way back. They will be here in
a week.
This information is on the authority of
Major Spekeman, who came down from
the capital city on Sunday.
The problem of providing work for the
unemployed was brought to the attention
pf the Board of Supervisors by G. E. Lloyd
yesterday. He said that he appeared on
behalf of 1000 unemployed men who are
suffering from lack of employment. Mr..
Lloyd suggested as way OF relieving this
distress that the inter-c0unty road to
Contra Costa be proceeded with
In lieu OF money to pay for the work it
was suggested that certificates be issued,
as had been done at Kansas City and Den
yer and other pl aces. Such certificates or
script would be readily accepted by
banks and merchants and the work could
at once proceed.
The individual members are in favor of
such a move, but, as body, it was de-
cded to be impolitic until the committee
of citizens which had been appointed to
confer with similar Committee from
Contra Costa County could be head from.
1t was shown that the issuance of script
scarcely came within the prescriptions of
the law. which allowed the issuance of
bonds but otherwise denied the auth orlty
10 incur Indebtedness beyond what the
funds Of the year would pay.
The Truth of the Matter.
The Woman's Relief Corps and the
Ladies OF the Grand Army of the Republic,
auxiliaries of the G. A. r.. are at outs. and
the latter organization represented in the
Shenandoah Circle of Santa Cruz. at
meeting held last week, said some very
mean things about the 6. A. r. and the
city of Oakland for what it terms the in
hospitality exhibited at the encampment
here last month.
Among other things denounced are the
refusal 10 invite the Ladies of the G. A. r.
to the banquet and the fainre to send
them tickets for the Yountvllle excursion.
The members Of the committee on lnvi-
tation explained the matter as follows:
In the first place 1900 plates had been set |
as there were just enough to accom- III odate |
those who were by position or utilization |
with the encampment entitled to seats, the |
Ladies Of the Grand Army of the Republic |
were necessarily left out.
Regarding the tickets to Yountville, the |
committee has stated that it is not true |
that railroad tickets were furnished by |
directors of the home and could be OBJ |
tained free from the committee The fact |
is that all who went on excursion tickets |
were compelled to purchase them lndividu- |
ally.
Good Commander.
The first regular order issued by Frank |
c. Shipley since his elevation as division |
commander of the Sons of Veterans was
yesterday. 1t relates to the |
o observance of Memorial day, and In part |
is thus wOrded:
Be careful and strew with flowers the graves |
of all departed veterans In your vicinity so that |
no Widows or orphans heart may Deasaddened |
by the suspicion of neglect All Captains Will |
see that miniature flags are placed on all the |
comrades graves on May %. Camps as far as |
possible. should attend Memorial services at |
the churches on Sunday, May 27, in a body |
with the Grand Army of the Republic posts. |
Use your influence in making Nav 40 more NJ |