The morning call., 1894-10-13
PARDEE DEFEATED
No Freebooter Election
To-Day.
so DECIDES JUDGE GREENE.
The Fine Italian Hand of the
Railroad.
ALAMEDA CONTRACT MARRIAGE.
The Oakland Industriais Preparing
for a Trip to Southern
California.
ALAMEDA CONTRACT MARRIAGE.

OAKLAND.-By an entirely uDsuspected
move on the part of those who have a
special interest in the composition of the
possible Board of Freeholders the election
of any of the citizens named by Mayor
Pardee and the Populist committee to that
important body is impossible, owing to
the fact that it made the holding of an
election impossible.
The immediate cause of this was the
bringing by Orrin Page at noon yesterday
of mandamus suit against City Clerk j.
w. Tompkins, to enjoin him from print
ing on the ballots to be voted to-day the
names OF any of the twenty-eight free
holders nominated by Mayor Pardee and
the Populist committee 1t is not likely,
however, that Mr.. Page is entirely respon-
sible for the suit. His array of attorneys
is too significant to warrant that belief.
Lawyer NJ. C. Chapman, when Mayor,
appointed two-thirds OF the present Board
of Public Works, namely, Messrs. Caro-
theirs and Hughes; Lawyer George Z. de
Celia. besides being a railroad attorney,
generally nGures in cases in which the
Board of Public Works is interested, and
ex-Judge Harvey :. Brown is conducting
the waterfront trial for the railroad.
1t Is just possible that Mr.. Peck, as
attorneys ana brought the suit merely in
order 10 ward off he expense of an illegal
election, and it may be that the railroad de-
sired The continuance OF a useful public body.
Be that IL may il is well known that the
Board OF Public Works has good reason TO be
fearful. 1t Is fact that there are some eiii-
zens who view the board in no favorable light
and who would favor Its adjustment IN the
interests OF good government and economy.
There have been dlreful clashes of authority
between the Board of Public Works and the
nf I'm
quence the Two last-named bodies think that
Inc former "a public institution is failure.
Mayor Pardee has also ciaShed with it collect.
lively and individually
Thus the board had some reason to fear that
the gentlemen nominated by the Mayor and the
Council are not imbued with the Importance of
the department. and hence il is that the belief
is very general that the Board of WORKS have
used Pages suit merely as the proyerbial mon
key used the cats paw.
The basic elements of Mr. Pages petition are
that the nominees for the office OF freehOlder
were not nominated by any political party
which had at The last election polled 5 per cent
of the entire vote OF the city; that none of the
present nominees have been nominated By
petition, and lastly that none of them have
filed their certificates OF nomination in accord.
ance with the law, which provides that the
nominees OF conventions shall file their certifi-
Gates AT least thirty days and those nominated
by petition al least twenty days before the day
set Tor the election.
After setting forth all of this adorned By The
customary amount Of legal verbiage, The petit
ton concludes:
Wherefore petitioner prays than alternative
writ of mandate issue out OF the above named
court directed TO j. w. Tompsins clerk of the
Council OF the city of Oakland directing him as
said clerk to cause TO be printed delivered to
The Boards of Election of each election precinct
within SAID city ballots containing the names of
every candidate whose nomination for any office
specified in the ballot has been certified to and
Med according to the provisions OF the Political
Code, and no other names, or to show cause why
he should not do SO before this court.
Judge Greene called the case at L O'Clock.
City Clerk Iompklus had been served with the
papers at noon and City Attorney Johnson
knew nothing about the case until Ten minutes
before il was called Thus it Will be seen that
The city had no time in which to prepare It's
answer.
Judge Greene appointed ex-May or John r.
Giascock anG S. 2. Hall as assistants TO City
Attorney johnson and granted them an hour in
which TO prepare their case.
The argument for Page aud the phantoms be-
hind BIN was delivered i'll the main by ex-
Judge Brown with some assistance from MIR. de
Cola. The argument consisted merely in the
heading of the election laws, which substan-
tally supported the allegation made in their
petitions regarding the filing of certificates of
nomination and so on. In substance Mr..
Brown held that the nominations are illegal,
ana mat any ballot which contained their
names is also Illegal. and il submitted TO the
voters would invalidate the election.
The attorneys for thu city made no conten-
ton concerning the legal standing of the nomi-
nees. Mr.. Hall argued that the petition for
writ was defective, in that il first alleged that
The nominees are Illegal. and then asked the
court 10 order The City Clerk TO have the names
printed on the ballots
Judge Greene held that while the petition
was faulty the meaning was clear. Attorney
de Cola commended that il was the CITY Clerks
duty 10 print blank ballots, leaving spaces for
fifteen Names and that these blanks should be
submitted 70 The voters. Judge Greene con.
CURED with De Cola.
Then the wisdom of the gentlemen of the
Slaky department Of the municipal government
IN staying the suit until tie eleventh hsur was
made manifest. All the paper for the ballots
must be secured from The Secretary OF Stale
and that gentleman furnishes only enough for
the purpose. CITY Clerk Tompkins had the
ballots printed several days ago and had used
up all the paper available for the purpose. In
order 10 ct more be must by law make requisi-
lion upon the Secretary of State in Sacramento
To get the material and have the ballots
printed, all within twelve hours. was, of course
physical Impossibility, and Tompkins so III
dicated 10 Judge Greene.
at cannot be helped" remarked the court
at is my conviction that such ballots are abso-
Jutely voo. and any vote made upon them will
be void also" And his Honor ordered that the
VIII OF mandate be issued on Clerk TomDkins
AT o O'Clock The City Attorney, Clerk,
Auditor and several COuncilmen held meeting
IN Inc City Hall and decided that 1t will be
physical impossibility TO hold the election to-
day. and ii was decided to call i. off, or rather
10 let 1t go by default, and the election officers
were so notified.
Members OF The Board of Public Works stood
10 front OF he City Hail. with hands deep down
id pockets ana expanded chests, and smilngy
fecsNeu The congratulations of friends on the
new victory OF the De Cola Chapman combna-
non, which was greater victory to themselves
lnasinucn as IL assured TO the Board of Public
works longer life and continued prosperity
Ii is not at all likely that another free.
holders election viii be called, because the
time TO the meeting of tie Legislature is not
sufEclent. The only alterations to the Charter
VIII be few amendments which can do no
great injury nor very much good.
Mayor Pardee and the Councilmen were very
indignant at the action OF Judge Greene who.
with The railroad, was accused of having
knocked out' The election.
MaVUf
ject. lie was too mad 10 talk. All he would
VouchsaIe was:
There is such thing as contempt of court
and do not want to be quoted"
He added: ''Of course, nothing can be done
now"
Councilman Dalton said "the decision was
outrageous" and IL was a shame that the rail-
But added Dalton, There Is day OF ieck on.
ing coming for this gang. The people are
bound 10 assert themselves sooner or later, aud
they will yet be on top.''
The opinion generally among the best classes
OF citizens was that the decision was mists ke
Tor certainly ifsaDy department of city govern
BeDt needed overhauiing il is the Board OF
dominated by the Southern Pacific Of Ken
lucky.
The Shoes DID 1t.
William Murphy and Charles Greeley were on
trial before Justice Cliff yesterday Oh a charge
of petty larceny. They are both very young
men aud were thought 10 be implicated in tap
ping the TIL OF Mrs. Chroff's bakery at West
BERKELEY.
The trial was in progress and Greeley had
been acquitted because of insufficiency of evil
deDce, when shoemaker of East Berkeley,
Into