The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-05-05
LATEST OAKLAND NEWS,
Legal Measures Against the
Fee Bill to Be Begun
Soon.
CONSTABLE CRONIN'S WORK.
Arguments Are Begun in the Board
of Public Works Con-
test.
CONSTABLE oRoNIN's WORK.


Constable J. f. Cronin, who has under
taken to raise the sinews of war to fight
the bill, has $4,000 of the necessary funds
already in sight, with bright prospects of
the rest being pledged within few days
Tomorrow he goes to San Jose to consult
with constables and others in that section
who are interested in the bill. He recently
talked with Sheriff Whelan of San Fran
cisco, and, though that official has not de-
cided what course he will pursue in refer
ence to the matter, Mr.. Cronin hopes to
prevail upon him to join issues and fight
the measure to a conclusion.
Though the plan of campaign has not
been fully decided upon, it will probably
be opened in Alameda County, in which
case Constable Cronin will make up his bill
of fees as provided for under the previously
existing fee laws, and present it to County
Clerk Jordan, who viii hand the demand
TO the Board of Supervisors at their next
meeting. The board, under the law, will
refuse to allow the bill.
The constables will then begin manda-
mus proceedings in the Supreme Court to
compel the Supervisors to audit the de-
mand, and the whole matter of the legality
of the bill will be brought up.
The main portion OF the money to light
and in other centers of population where
the earnings of the constables are most
largely affected. In the more thinly popu-
lated districts, where the remuneration of
the Office IS always small the affected
officials have demurred against putting up
their pro rata, but in Oakland and other
points, where their earnings are cut 500
10 $500 per month, the funds have been
readily collected.
Board of Works Contest.
Superior Judges Greene, Ogden, ELS
worth and Frick, sitting IN bank, listened
to arguments in the contest of Robert
Hughes and W. \. Miller for seats IN the !
Board of Public Works yesterday. The |
contestants we're ousted by MeSSrs. J. L. |
Davie, Arthur r. Wilson and J. K. Pier |
sol after the recent election, when the de- |
PENDANTS were elected to seats in the board |
by popular vote.
Messrs. Hughes and Wilson contested on |
the ground that the election was illegal in |
that it prevented them from serving the |
full term of four years for which they were |
appointed, and it was agreed by the par
ties TO the suit that the case should be |
. argued on purely legal grounds, the facts |
being admitted by both sides.
The defendants entered demurrer on |
statutory grounds few days ago, and it |
was on this that the arguments were based. |
George de Cola appeared for the con-
testants, Ben Morgan for Mayor DaYie, J.
K. Piersol for himself and Joseph A. John
son, George w. Reed and Emil Nusbaumer
for the defendants collectively. Attorney
Piersol opened the battle by quoting
section 1041 of the Political Code relating
to special elections.
''lf a general election may be had on a |
day other than in November, as mentioned |
in section 1O41, - he said, ''Why may not |
the election held January 26, 1895, be
treated as a special election by parity OF |
reasoning. To hold that no elections are |
special except those mentioned in section |
1041, Political Code, would result in declar- |
ing that charter cannot be amended eX- |
cept at general elections, if at all. A |
special election to adopt or reject proposed
amendments may be held on the same day
as a special election to fill a vacancy in
Office, but it is not the same election.
There are two special elections held on the
same day for different purposes.
He quoted the decision of the Supreme
Court in the case OF Tilson VS.. Ford, which,
he said, bore out his contention that the
incumben in the board were legally
elected. He was followed by Ben Morgan,
who made an eloquent plea Tor the legality
of the election. Attorney de Cola then
submitted the following points, with his
authorities, after which the court ad-
ioGrned until Monday:
First-Did the legislative authority OF the city
of Oakland have power or jurisdiction to sub
nit ar the election called for and held January
70, 1895, proposals for amending the free
holders charter OF the city?
Second-If such amendments to the charter
were regularly adopted, can the members OF
the present board OF works be removed from |
ONCE in the manner and by the method at |
tempted by the adoption of the amendments to
section 63 Of the charter, or before the end OF |
their respective terms?
Third-If the amendments were legally and |
regularly adopted, and the present members OF
the board of works can beTemoved in this way, !
can any or either of the persons elected to the
g. Fola 0E
and member OF the board OF Works7
The arguments viii be finished at the
next sitting.
The enthusiasm Of the Oaklanders over
the FabioIa fete is being well illustrated
Instead of the experience of Mayday being
considered as a disaster, it is now being
referred to as a positive boon, for it has
aroused an interest that did not exist be-
fore.
Nearly all the original entries for the
decorated carriages parade have been
remade and a number OF additional ones
are pouring In every day. Among them
Mrs. Edison Adams has promised to make
a good display, Z. A. Heron will have one
of his best rigs in line, Mrs. Cad Howard
will enter her victoria, and will have it
superbly decorated, Frank Thwiates will
teppear with his dogcart W. J. Landers
of San Leandro promises to have one OF
the SWEETEST OF all the turnOuGS III Ile pro-
cession, A. Olander has declared himself
acompetitor, and many other equally we'll
known families are to be in evidence.
General meetings of the committee are
being held every day, and the utmost in
terest is being manifested. 1t has been
decided that the only tickets which must
be redeemed are those sold at the gates;
The numbered blue admission tickets Will
do on Saturday next, but no others VIII
under any circumstances be accepted.
The new issue is now ready, and to-mor-
row will be sent out to the various dis
tributing agencies.
Married Yesterday.
City Engineer and Commissioner of the |
Board of Public Works Arthur r. Wilson |
was married to Miss Alice j. Cullen, the |
popular schoolteacher, at the Church of |
TIE Advent, East Oakland, yesterday |
morning. The sacred edifice was taste |
fully decorated for the occasion and |
large number of the happy couple friends |
turned out for the occasion. |
Miss Elizabeth Francis, Miss Elizabeth |
Blankart and Miss Edith Cullen acted as |
bridesmaids, while the groom was sup |
Torted bV 3 p Miller and Mn Dhal,1c