The morning call., 1895-02-14
OAKLAND COUNCIL
ON THE WARPA4H.
ITS MEMBERS ARRAIGNED IN
COURT TO FIGHT IRISH
OVER GARBAGE.
MARSH RESIDENTS DIVIDED
PARDEE PARTIALLY NAMES HIS
COMMITTEE TO CONSULT
CLAUS SPRECKELS.

The Oakland City Council is beginning
to show fight, and Colonel Irish may wake
up to find that he is pulling house down
on himself. He has had warrants served
on Messrs. Smell, Capell, Towle, Manuel,
Marshall, Watkinson, Barnard and Dow,
and these gentlemen have been arrested.
Like warrants will also be served on Messrs.
Hoffman and Dalton when they return
from Sacramento.
The cases against the Councilmen were
called yesterday in the Police Court, the
charge being that each helped to maintain
a nuisance by voting to allow garbage to be
dumped in the West Oakland marshes.
City Attorney Johnson appeared for the
Councilmen, and after the complaint had
been read plea of not guilty was entered
in each case. A jury trial was first called
for by Mr.. Johnson, but it was decided to
have the cases heard by the court, and all
were set for Tuesday next, February 19.
1t is stated that when the case comes to
trial not all the people living in the neigh
borhood of the marshes will be of the
opinion of Colonel Irish.
1t has been stated by some of the prop
erty-owners there that the method adopted
by this Council of covering the garbage
dumped in the marshes with street sweep
ings has made the marshes less nuisance
than they ever were and that if the same
plan had been carried out long since no
one could ever have objected to the 4
marshes
Another faction that is prepared to take
issue with Colonel Irish is composed of
Populists They say he has made himself
the father of the marshes in order that he
may help the Southern Pacific Railroad
Company retain its right of way along the
edge of the marsh and keep Oakland from
opening streets to the water front A
Populist leader has said that dumping
garbage in the marsh was gradually filling
in streets leading to the bay, and this the
railroad company does not like.
The big corporation, they say, would
rather see the marshes let alone altogether
or made public park Of and then there
would be no intersecting of streets across
their tracks and no possible show for Oak
land to hamper railroad traffic with water
commerce.
Inspector Smith said: tI think the
Council is doing the best it can. The cover
ing of the garbage with street sweeplngs
does away with much of the foul smell"
Inspector Pierce was of the opinion that
as long as garbage must be dumped it
should be dumped where 1t would do most
good, and he believed it was useful in fill
ing in the streets across the marsh. He,
like Mr.. Smith was in favor of building
crematory however.
Boogar's Slayer Held.
Michael Collins, the aged father of Mrs
Philip Boogar, was held yesterday by
Judge Wood without bonds, to answer the
charge of murder.
Collins shot old Philip Boogar to death
in front of the Galindo Hotel, on the night
of January s.
Attorneys George A. knight and Frank
Brearty appeared for Collins, and beside
him sat Mrs. Boogar, in heaviest black,
accompanied by several of her female
friends. Collins sat little apart from his
attorneys, who made no exhibition at all
of what his defense would be.
Assistant District Attorney Melvin ap-
peared for the State, and the incidents of
the shooting were again gone over briefly,
the desire being only to bring out sufficient
evidence to hold the defendant.
Among the witnesses examined were
Officer Ingler, Officer Banks and Watch
man Moffatt.
dence to arrest Collins, he said, IT want
| the man who did the shooting outside"
Collins replied II am the man." He had
pistol in his hand.
stead testified to attending Boogar when he
died. DR.. Miller stated in his cross
examination that DR.. Paterson had called
his attention to a scar on Boogar's body
which he said was caused by knife thrust
by Mrs. Boogar.
Mr.. Knight refused to give an outline of
what the defense would probably he, but
he stated that no effort would be made to
show that Boogar died from the surgical
! operation and not the bullet wounds.
Queer Outcome of a Damage Case.
The suit of Amalia Goetze vs. the San
Pablo Gable Company has been on trial
| before Judge Ellsworth all the week, but
yesterday it came to rather a sudden and
| surprising end. The plaintiff was non
suited.
In 1892 Amelia Goetze, who was a nurse
| earning good wages, was thrown down
while alighting from San Pablo avenue
Temescal end of the line, and started up
before Mrs. Goetze could alight. She was
thrown down violently and received a
broken kneecap, besides other injuries to
her legs, which she alleges were of per-
manent character. She brought suit to re-
costs, and thought she had good case.
She was making considerable headway
in her case until she took the stand. About
the first question Attorney Moore asked
was, "Are you married woman? She
answered that she was, and Mr.. Moore
continued to follow up that lead. He soon
learned that the plaintiff was married at
her husband, and was now living with
him.
Taking this cue the attorney insisted that
the complaint was faulty, in that the hus-
bands name was not included in it, and
despite the fact that Mrs. Goetje insisted
she had verbal understanding with her
husband, Judge Ellsworth ruled with Mr.
Moore, and entered a nonsuit
Not Trying to Evade Assessments.
The railroad company has been charged
with shipping away its portable material
in the West Oakland yards to evade as
sessment.
This charge is vigorously denied by the
railroad people. Superintendent Wilder
said yesterday in reference to the report:
There is no truth in the statement that the
company is aiming to escape taxation, or that
it is shipping material to another county to
avoid it. The company is satisfied to pay a
just tax. 1t thought 1t had proper assess
ment before, and that the assessment was a
better one before than it was after the Council
undertook to change it. There is no material
being shipped by the company from the yards
except what is required for Improvements and
repairs. This is a season of the year when
there must be replacing of many ties and of
course, they must be forwarded from here ac-
cording as they are demanded.
Part of the Committee.
q