The morning call., 1894-02-25
ITS WATER FRONT.
Oakland Meets Delay in
Its Recovery.
CRUSHED UNDER A DERRICK.
The Little Steamboat Silva Sold
for a Song.
"WhO GossIPS IN OAKLAND P"
A Pickpocket's Excuse-Two Way
ward Girls-End of Noted
Political Headquarters.
"Who GossIps IN OAKLAND ?''

Superior Court Yesterday moIulnS 10 TIE
complaint of AttOrney-Geperai Hart, who
is seeking in behalf of the State to recover
possessIon of the entire water front of the
city.
The demurrer is based upon the follow
ing grounds:
Firs-That the court has no jurisdiction
of the subject of the action.
Second-That the plaintiff has not legal
capacity to sue.
ThiTd-That the plaintiff has not legal
capacity 10 institute and maintain this
action
Fourth-That the plaintiff has not legal
capacity to institute aud maintain this &C.
ton by OF upon the information or COM
plant of the Attorney General.
Fitlh-That the said complaint does not
stale facts sufficient to constitute a cause
of action.
Regarding the time of bringing mp the
waterfront suit in the Supreme Court OF
{ the United States, the clerk of the tribunal
has written to Messrs. Davis & Hill, of
counsel of this ciJy, as follows:
think can safely say that the court will
not take up the Case on Its merits on the 9th of
March. l understand from counsel that ON the
9th OF March leave VIII be asked TO file an
amended bill. nd also TO file The testimony /;
and also, II that time. a stipulation viii be pre-
sented agreeing on a time for the hearing and
the court Will be asked to fix the hearing for
the date agreed upon, which will hardly be
earlier than the third or fourth Monday in
March, ana perhaps not before the early part
of April.
The Silva Sold.
Sheriff Mckillican yesterday sold the
little sternwheel steamer Frank Silva TO
NJ. j. Madison of NJ. j. Madison & Co.,
shi ping merchants of 10 Steuart street,
San Fran lscc, for $780,
The SILVA came into prominence in the
oppOsitiOn-ferry service that was run
across the bay last summer, and in which
the Resale and Alvira took part. She
first started under the Whitney Express
Company and was afterward absorbedIby
the DAVE company, aud then came dis
aster, and the little boat was plastered
over with attachments by various cred
itors TO the amount of several thousand
dollars. 1t was to satisfy these creditors
that she was sold.
When the sale opened Captain Hackati
bid $500, then Jake Pantosky raised him
500. This brought forth Mr.. Madison,
and Captain HackeIt stepped out when
II was narrowed down TO Madison and
Pantosky, and when the former bid $3.50
Jake had enough and stepped out.
The successful bidder represented a
clique OF creditors who had claims of about
$1,000 against the boat. This week the
boat will be taken to the marine shipyard
onfhe Alameda shore of the estuary. The
purchaser was not certain just what dis
position he would make of the boat, but
SAID be would probably sell her.
In Good Hands.
Lizzie Simpson is young girl Just past
Is years, who pleaded guilty in the Police
Court yesterday to having stolen SIS FROM
her aunt, who keeus a restaurant at First
and Franklin streets, in September last.
After the theft Lizzie vanished from the
neigbborhoOd in company with another
young girl, and the two went TO San Fran
cisco. The Simpson girls companion soon
returned to her home, having wearied of
the world, and yesterday Lizzie herself
came back TO call upon This girl friend and
it was while with the latter that Officer
Keefe aDprehended her and locked her up
IN the County Jail.
Mrs. Sanford of the Humane Society
was at the County Jail when Lizzie was
brought in and interested herself in her
behalf. AT the Police Court she said she
would take charge Of the girl until to-
morrow. and see If she could not be got
into some institution. A kind woman. a
lady of wealth, living at sos Eleventh
street. Mrs. kImball, said she would care
Tor Lizzie over Sunday in her own house.
The girl. though young in years, looks
as though she had had battle With the
world In her absence OF six months. She
says she has been waiting on the table In
restaurants in San Francisco.
PeaIl in Jail.
w. J. Peall has had considerable trouble
since he acled as president of the defunct
Quincy Cab Company. He had night
with Vice President Rabbit of the Cali
fornia Bank and Trust Company, OF which
offense he was convicted. He was also
convicted of an assault on backman. He
was called for sentence in the Police Court
Friday, but did not answer 10 his name
: He was sentenced. however, to pay fine
of $50 or serve fifteen days in prison when
found.
He was not found until yesterday, when
Officer Philips picked him up at the Four
teenth-street depot and locked him I'D,
Peall said he had been absent in Sonoma
County, and could not return because of
the bridges being washed away. In spite
of this statement 1t Is said that Peall was
seen in town on the previous day. He
will now have time to think over matters
behind the bars unless some kind friend
helps him to pay bis fine.
Crushed by a Derrick.
Cotton Bros. the brdge-builders. are
engaged in driving piles in Temescal
Creek. near the old Lusk cannery, and
yesterday their derrick upset and crushed
TWO of the workmen beneath its weight
The meD's names are AL Shane and Joe
Donnelly. Shane received scalp wound
and was badly bruised and was rendered
unconscious for a half hour He was
taken to the Harding house, this city,
where he resides.
DonnelIy suffered more, being badly
bruised and having several bones broken.
He was taken to his home at Lorin, where
he now lies.
Marlborough Attractions.
The next attraction at the Macdonongh
Theater. commencing tomorrow, February
26. will be John L. Kelly. the clever Irish
comedian, who will present his new conf
edy, melee of Dublin" He will appear
two nights.
The A. NJ. Palmer company will play an
engagement Of four nights at this theater.
beginning March y, directly after its San
Francisco engagement. The repertory
will be saints and Sinners" Jim the
Penman." "The Dancing Grip and "a
Pair of Spectacles."
Blames Whisky.
Edward Geurand, who was arrested on
an overland train for picking the pockeis
of man named Z. A. Bunts of a waller
containing $50. was examined yesterday
before Judge Allen and held to answer i'm
the sum of $1,000. He said that he had
a,zf1u