The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-04-25
War over Cut Rate Insurance Poll
oies VIII Raise the Water
Company.

sessments from about $1,000 to nearly
$4,000. These assessments the company
has refused to pay, sending in its pay
ments only on such property as was not
included in the raise
The opinion of the City Attorney was
submitted yesterday as follows:
2. T. GiIpin Esq, Treasurer and Tar Col
Iector city of OGklcH6-DEAR SIR: In response TO
your request OF April 10 Tor an opinion as 10
your duties as Tax Collector reply:
Flrst-That you may receive the last install
ment OF a tax although the first installment
remains unpaid. 1t might be well to note the
fact of the non-pavment OF the first lnstaIment
upon the receipt given for the second Install
nent.
Second-It is your duty to collect from the
Southern Pacific Company and from the Gen.
Iral Pacific Railroad Company according to
the figures found by you upon the assessment
You have no power 10 change or reduce the
amounts due as shown by those figures. Yours
truly, !. X. PEIRsoL, City Attorney.
The company has made a tender of its
first instailment Oh the property in dis
pute. though the amount offered was not
that called for by the raised assessment,
but was figured on the rolls of the previous
year. This was refused by the Treasurer,
and the matter viii probably rest until the
second installment is offered, which will
be refused unless it is the full amount
called for by the Councils raise.
In a Legal Entanglement.
As was anticipated, the rate cutting
among insurance men which began some
weeks ago has resulted in legal entangle-
ments, and local policy writer's are watch
Ing with interest for the outcome Of an &C
ton which was begun in the Justice Court
yesterday.
Cleveland & Hopkins, grocers of East
Oakland, we're sHed by the Home Insur-
ance Company for unpaid premiums on
Cut-rate policy, the document containing
clause that in consideration of the low rate
given the policy should not be surrendered
by the insured party.
Cleveland & Hopkins took the policy
! out did not sign the surrender clause, and
& few days later received an offer of lower
rates from a rival concern, which they
promptly accepted, rendering their first
policy, on which they had not paid the
premium, to the Home Company. They
declined to pay the premium due.
The company viii make q test case Of the
matter, claiming that the surrender clause
IS binding even though 1t is stamped on
the policy and not signed.
\ number of other companies, who have
had similar experiences, are interested in
the matter and whichever way the deci-
sion goes in this case it viii be taken be-
fore the Superior Court.
Lost His Case.
In the case of Frederick Sinclair against
the Oakland, Alameda and Piedmont Rail-
road Company, in which the plaintiff sued
TO enjOin the company from laying its
tracks on Eleventh street, Judge Greene
yesterday sustained the demurrer OF the
defendants.
Sinclair claimed that his property was
damaged by the building of the road and
that the franchise was illegally granted by
the City Council.
Judge Greene decided that the latter con-
tentiOn was correct but that a franchise
granted by the State at the same time was
legal and that the company was warranted
in proceeding with lis work on that au-
thority as being paramount to the author
ity of the Council.
In the matter of damages the court de-
cided that when company builds under
q legal franchise the property owners are
debarred from recovering damages for the
depreciation of the value OF their property.
Death Of Mrs. j. c. Martin.
Death claimed Mrs. Annie Martin, wife
OF J. c. Martin, the well-known attorney,
Yesterday afternoon. Mrs. Martin had
been Ill five days, and at one time during
that period seemed on the high road to re-
covery. Yesterday morning, however, her
illness took a sudden turn for the worse
and she sank rapidly until death relieved
her sUfferings j sOrrowful feature of her
death was that her husband was on his
Interstate Commerce Commission for the
Southern Pacific Company when she was
taken i'll. He was telegraphed relating her
condition and at once started for home
and will probably reach here to-day. Mrs.
Martin was well known for her many
charitable deeds. She leaves a daughter
and son as well as a large circle Of &C
quaintances to mourn her loss.
Gray's Trial Begun.
q Cror-
who attempted TO kill c. R. Bennett, ex-
secretary Of the Society for the Prevention
of Vice, because of the latter's treatment of
his daughter, was begun yesterday before
Judge Ogden.
Considerable trouble was experienced in
getting jury to try Gray, as the majority
OF those called were so prejudiced against
Bennett that they could not give him
\ fair hearing.
Attorney Kowalsl1y, who is defending
Gray, showed through his questions to the
Jurors that the defense would be insanity,
induced by BENEFITS persecution OF his
daughter after he had caused her downfall.
Bennett did not appear in the courtroom
through fear, it is said, that he would be
again assaulted.
Anticipating such a contingency Sheriff
White had several deputies stationed in
the courtroom to quell any disturbance
which might arise through the unpopu-
larltY OF the complaining witness.
viii Raise Spring Valley.
Assessor Dalton has changed his base OF
operations for the time being and is de-
voting his energies to finding out the value
of Spring Valley Water Company posses
sions in Alameda County. The corpora
ton owns valuable lands and water rights
in Niles Canyon, along the line of Ala
media Creek and in other parts of the
county, as well as many miles of piping,
and Mr.. Dalton thinks that the previously
assessed valuation, which was about $780,
600 is far too small. He intimates that
the com any's assessment will be raised,
though at the present time declines to say
how much.
Arrested for Preaching.
Mrs. J. r. Rice, wife of Justin Rice, the
cowboy" preacher, who was arrested on
Tuesday for violating the ordinance
against holding street meetings without a
permit, was taken into custody by officer
| scanlon on a similar charge She was
preaching on the corner Of Eighth and
Washington streets while her husband.
who had been released on bail, watched the
proceedings. Mrs. Rice was released on
depositing $25 for her appearance in the
Police Court, and announced that she and