The morning call., 1895-01-26
DE COLA is BEATEN.
" RefOrlnerS in Oakland
Draw First Blood.
ELECTION GOES ON TO-DAY.
Hughes Asks $4,000 Damages Of
Manuel and White.
A DOG WITNESS In WOODS COURT.
Mrs. John Martin Makes a Losing
In Her Oakland Real
Property.
A DOG WITNESS In WOODS COURT.

they are having WIN 'ue gang, dS IHe
friends of the Board of Public Works are
called. There~will be an election to-day,
despite the efforts of Attorney de Cola to
quash 1t by mandamus proceedings.
Petition for a writ of mandate was made
to have the court stop the election, which,
if successful, will do away with the Board
of Public Works, but Judges Ogden, Prick
and Ellsworth sitting in bank, denied the
petition.
All day yesterday the argument was
carried on in Judge Ogden's courtroom be-
fore crowded lobby. The time was largely
taken up in citing authorities in cases of a
like nature where mandamus had been
allowed to issue.
At $3.50 o'clock in the afternoon argu-
ments closed, and after twenty minutes
elaboration the following decision was
rendered by Judge Ellsworth, Ogden and
Frick concurring:
GAS to the first point under discussion,
we have not thought it necessary to give
an opinion, as the point is merely one
wherein the question arises as to whether
the term special or general election is ap-
plicable to this particular case"
AS to the second or last question under
discussion it is our opinion that the con-
stitution leaves the whole matter in the
hands of the City Council and that they
can use their discretion as to whether
these amendments shall be submitted to
vote of the people at this time.
sIf the election called for tomorrow is
illegal they have the power to submit the
amendment to the voters at subsequent
time, and as it, appears that the whole
matter rests with the City Council it does
not seem that this court would have
any grounds for interference.
1.-THE writ is denied"
The decision was hailed with Joy by the
"reformers' who now say that the election
to-day will result in the complete over
throw of all the Objectionable features of
the charter and the Board of Public Works.
1t will take three-fifths vote to adopt the
amendments, but some of the more ardent
"reformers' claim that there will be no
trouble to get this vote and a much larger
one.
mo, sir; we have the Board of Public
Works now Just where we want them"
said gentleman yesterday land in this
election to-day we will show them that
they do not own Oakland. We will wipe
them off the earth"
There are four amendments to be voted
on. They are designated as numbers 1, 2,
8 and 4. The ballots are printed after the
being expected to use cross in voting
after the word eyes" or mo- on each
amendment.
Hughes Sues for S25, 900 Damages.
Last evening, just before the County
Clerk closed his Office, Commissioner Rob-
ert A. Hughes of the Board of Public
Works, by his attorney, M. G. Chapman,
filed suit for damages against Walter 6.
Manuel and Thomas M. White, asking for
SEE, 900 on account of the publication of al
legged ibelous matter by the defendants.
.1~1l 80 o+as- 49,
made by White to the effect that Hughes
accepted presents and money from him
when he was a gardener in a city park and
that when he ceased making these offer
ings to the Commissioner he lost his posi-
ton.
1t is understood that Hughes will prefer
criminal charges of libel against White and
have him locked up.
Commissioner Hughes has denied with
emphasis that the charges made by White
are true.
Mrs. Farrell Homeless.
Mrs. Margaret Farrell appears to be hav-
ing Just a little more than her share of
trouble If her story is true.
She has recently brought suit against her
husband for divorce, and now her son-in-
law, ]. J. Farrell, the young man who was
a candidate for Assemblyman on the
Democratic ticket against Hart North, has
Mrs. Farrell says the property was mort
gagged for $500, and as her stepson held
the mortgage he forced her to vacate as
she could not raise the money to pay the
interest.
Mrs. Farrell is said to be by those who
know her an industrious woman.
Amateur Athletes.
The Pacific Coast Athletic Association
held a meeting last night at the Reliance
Club to- take some action on the violations
of amateur rules by the Olympic and Acme
clubs. There was full representation
present from the various clubs, but the
Olympic was not represented by any of its
officials and action was postponed until
next Friday night, when the association
meets at the Olympic Club rooms in San
Francisco. 1t is thought among club men
that because of the charges being so old
and the witnesses so widely scattered
the whole matter will be eventually
dropped.
DIR. Merritt's Money.
George w. Reed, the administrator of
the estate of DR.. Samuel Merritt, filed a
petition yesterday for the appointment of
a receiver to take charge of the property
involved, comprising all requests of DR..
Merritt to Mrs. Garcelon and the property
of that lady, all of which is now in the
hands of Judge Stanley, trustee.
AC ulObiOll Will NC al SuOO Oll Vic OQ vi
February, and there is every promise of
long litigation before the case is settled.
Knew His Master.
When small cocker spaniel was brought
into Police Court this morning the manner
in which he proceeded to devour Benjamin
F. Butler was proof enough in the mind of
Judge Woods that the young colored man
was the owner of the aforesaid dog.
The pup was found in the possession of
Mr.. Cater at 467 Twenty-frst street, and
the colored boy brought suit to recover his
property.
Getting Ready to Vote.
Anna L. Harder and Hermine Cribs are
two German women who do not propose to
be left when the women have chance to
vote.
They have taken out their first papers,
and propose to be fully equipped when the
time rolls round for them to slip in their
ballot.
Thought to Be Insane.
Mrs. Sarah Ralston, woman about SO
years of age, was taken into custody by
Special Officer Paulson on suspicion of
insanity. He found her wandering around
the vicinity of Twelfth and West streets,
and when questioned she appeared dazed
and could not tell her name nor where she
resided.
To Perpetuate a Greek Letter Society.