The herald., 1898-06-02
The WATER BOND CASE
JUDGE TORRANCE REVERSED BY
THE SUPREME COURT
An Important Decision to San Diego.
Lower Court Erred in Not Grant
ing a Change Of Venue

SAN DIEGO, June 1.-Word was re-
ceived here this morning that the supreme
court had reversed the decision of Judge
Torrance in the case of Albert Meyers
against the city of San Diego ct al, suit
brought to test the validity of the $780,
900 voted in June, 1896. for the acquisition
of water supply and distributing system
for the city. The court held that the
lower court erred in refusing to grant the
change of venue asked for by plaintiff,
and which was applied for on the ground
that the judge was an Interested party in
the suit, being a taxpayer in the city.
The history Of the campaign which ended
in a vote of $1,000 900 bonds is still fresh
on account of the many charges of bribery
alleged against members Of the council
in ordering the election When the case
came into court the San Diego Water
company. one of the parties to the action,
contended at the trial that Judge Tor
rance was disqualified to try the case be-
cause of the fact that he was q taxpayer in
the city. and that his property would be
subject to taxation to pay the principal and
interest falling due upon the bonds, and
that therefore he was disqualified by pc
cuniary interest to try the action. A mo-
ton for change of venue was presented to
him. and argued upon the grounds referred
to, but was denied by him, and the trial of
the case proceeded with Afte: a trial
lasting many days and mourning need
less expense to all the parties to the action
the judge held the bond issue valid. The
supreme court of the STATE has just passed
on the case on appeal, and has held that
Judge Torrance was disqualified to try the
&C ton, and has reversed his decision for
that reason. The holdings Of the SUI
preme court disposes of the water bond
case for the present, aod leaves the case
just where it was before the local judge
undertook its trial. If the action is ever
tried again it will have to be heard before
judge not taxpayer in the city Of San
Diego. The the case should be thus
heard has always been the contention of
he San Diego Water company and Of its
attorneys, Messrs. Works, Works and
Ingle. There are several other cases pend
ing at this time between the city and the
San Diego Water company, which may be
affected by this decision of the supreme
court. One of these. 1t will be remember
ed, is the case in which Judge Works was
recently fined $3.50 for presenting virtually
the same question which has just been
decided by the supreme court in favor of
his client.
In view of the fact that e. S. Babcocl
has asked that his company be released
from it's contract with the city, this de-
cision will probably be the end of the
water bond episode.
Leroy A. Wright a prominent attorney
and politician, was married this afternoon
to Miss Ida NJ. Heffleman in the parlors
of the First Congregational church. On
the relatives of the contracting par
ties were present. Mr.. and Mrs. Wright
left on the steamer this evening for En-
senada, where they will spend two
weeks honeymoon.
A local branch of the Red Cross society
has been organized here, and at a meeting
yesterday a full list of committees were
elected.
The intention to hold two days celebra-
ton here on the Fourth of July, ending
with a grand water carnival on the bay,
has been abandoned on account of the ex-
listing war.
Out of the thirty men who volunteered
their services to recruit Company B, now
stationed at Camp Richmond, only five
failed to pass the local examiner. Within
the next few days twenty-one additional
men will be sent to join the company
Emil Ulrich charged with sending OBJ
scene literature through the mails, was ar
raigned this morning before United States
Commissioner Knoles and held for trial
in the federal court at Los Angeles.