The morning call., 1894-08-26

Thursday evening is in a most peculiar
tangle owing to the discovery of wide diff
ferences in the wording of section 138 in
the printed copies of the charter extant.
City Attorney Johnson took the printed
records Of the Legislature of 1889, which
approved the new charter. and said that
the Council has no jurisdiction as a Board
of Equalization after the 10th day of
August.
Special Waterfront Attorneys Davis,
Hill, Priugle and Powell c0ncurred in an
opinion that the Board of Equalization
had jurisdiction up TO August % and
based their belief on copies of the charter
printed and issued By the city. What IS
most peculiar is that the City Attorney, on
the one hand. and the special attorneys on
the other, although Numerically opposed,
were bOtn right.
The cause Of the divergence in opinion
is due either TO the careiessness or wrong
doing of some engrossing clerk at the cap
ital. The original copy OF the charter
which was sent to the Legislature after
the freeh Olders' election on November 6,
1888, provided that the assessment rolls
shall be completed by the last Monday in
July, and further that the Council by res
oluton may extend the time thirty days.
This is the reading also of the copies of
the charter printed by the city. on which
Ll6 special hAtOIUtNe UdScu lilGiE ODlI ION.
and also copy filed in The Recorders
Office.
But in the certified COPY returned by
the Legislature it is prescribed that the as
Sessment rolls shall be completed by the
first Monday in July. 1t was on this copy
that the City Attorney based his opinion,
and thus it is that all the attorneys are
right, according TO the several readings of
the charter.
NOW. however" said Special Attorney
". Z. Davis yesterday, "we must try to
decide which reading is correcr. 1t seems
certain that the error crept in while the
charter was il the hands of the Legisla-
tuTe, and if so the proceedings of the board
last Thursday night are legal. This is so
because article ii, section 8, of the State
constitution does not allow the Legislature
10 alter a single word or to amend
charter submitted for their approval.
They must either accept or reject il as
whole.
eli it can be shown that the people
voted for the last Monday in July it will
also be shown that the wording was
changed in the Legislature and the effect
Will be that the first reading, the one sub
United 10 the electors, will stand instead
OF the Interpretation of some engrossing
clerk. and of course it follows that all
questions OF the legality of The proceedings
OF the board on Thursday evening will be
removed and the changes in the assess
ment rolls will stand unless they are sue
-cesstully appealed FROM"
The Republican County Convention.
The Republican County Central Com
mittee of Alameda County held most i'm
porLant meeting in Judge Gifts court
room yesterday afternoon. and prepared a
call for the Republican county conven ton.
1t will be held on Monday, September II,
at the Native Sons Hail in Haywards
There will be 2S3 delegates, who will be
selected at primary election on Septem-
Der Is, two days before the county con-
ventiOn.
Before the meeting of the committee the
rumOr gained currency that an attempt
would be made to take the convention
away from Haywalds. The rumor was
given color when, in the early stages Of
the session, few preliminary Skirmlshes
pointed in that direction. The preimin-
aries, however, must have been dIscourag-
ing, for no attempt was made openly to
designate any other town for the honor.
There was small.siZed contest over the
test for voters at the primaries. +. R.
Grard and +. w. Hall advocated the fol-
lowing: Did you vote for Markham or
Harrison at the last election?" or Would
you have voted for them if you had a
chance |' But the committee adopted in
executive session the following: "WilI
you support the Republican nominees this
fall?" Judge Ogden aud State Senator
Guy c. Earl protested against the open
test.
The arrangements for the convention
are being made by the following commit
tees of Haywards' representative citizens
Committee CD HALL. f. Crooks, II. L. Pc
termann, j. Z. Geary, c. S. Long, II. E. Brun-
ner.
Finances-George A. Cakes, W. j. Ramage.
e c. Prowse, i. Palmtag, ID. Chisholm.
Ho els and HeadquaIters-P Wibert, q. S.
LaDgaD, f. r. Spear A. Bradford. S. J. Simons
Decoratlon-J. II, Haar, r. Reid, &. Nj. Ha-
mer. c. w. Heyer. w. Baker.
Newspaper Commttee-GeoTge a. Cakes d.
N. Conner. w. B. Truesdell, +. L. Lemos, D.
Mccarthy.
Music-T H. Thorndyke E. Welsh, A. Ra-
mage, +. ID. HOyt. r. &. Vose.
Welsh.
To confer with Central Committee on August
25-J. (. Crooks, c. K. Nissen, P. W1bert. H.
/. Petermann, c. 5. Long, George A. Cakes,
Frank W. bigger, ID. Chisholm, JOhu Webster,
W. j. Baker w. Welsh, w. f. Meek, q. 5.
Langan, j. Harder, j. Habernig.
In PIunkett's District.
The election to be held on Tuesday next
to I'LL the vacancy caused By the death of
Supervisor Plunkett promises to be very
interesting.
There are six candidates in the field
four Republicans, one Populist and one
Democrat. The Republicans are: r. Il.
Cloud, j. E. Johuston, John G. Hanks and
calls himself an independent PopuIist, and
II. F. Mannion is the Democrat. The vote
in 1892 stood as follows: Piunkett R.).
2228; Morley 3D., 1918; Lane Pop.). 7I3:
Bangs (Pro.) l67. Mr. Plunketps plural Y
was 1910
The Plunkett vote this year will be
divided between four Republicans, and in
consequence both the Democrats and
Popullsts claim victory for their cand-
dates The PopulstS are making special
fight in the district in order that a showing
may be made for their ticket in the county
They claim large gains from both the old
parties since 1892.
l he election Is an important one, as the
lucky man will serve for two years from
January l.
w. C. Mason has been Endorsed by the
German American Independent Political
Club.
For a Competing Ferry.
An attempt is being made to revive the
project OF K. NJ. Smith, the "B0rax King"
TO establish ompeting ferry TO San
francisco. Last year, just after the fail.
ure of the Davie Company, Mr.. Smith
commenced the construction of a trestle
bridge from the bay-sbOre terminus of the
California and Nevada Railway, which he
had purchased, 10 a point one mile out in
the bay. There he intended to build a
passenger depot and make it the eastern
landing Of a line of competing ferry-boats,
The trestIe was built quite a distance into
the bay, when work was suspended on ac.
count of a lack OF funds.
In order to effect resumption of the
work the Board of Trade made PROPOSE
ton a guaranty fund of S225,000. the