The San Francisco call., 1898-03-09
ESTATE OF INCOMPETENTS An Important Test Suit Is Filed in Alameda County's
 Courts. One Day More Jacob Roth's Money Would Have Passed Out of
 His Control.
Oakland Office San Francisco Call,
 sos Broadway, March 8.

sos Broadway. March S.
 suit was filed late this afternoon in the Superior Court that will test the right of people to obtain letters of administration on the estates of de- ceased or insane persons to whom they are not related and whom they do not, in many instances, know.
 Jacob Roth is an inmate of the Napa State Hospital and year ago it. came to the knowledge of J. B. Feehan of San Francisco that he had s1100 on de- posit in the German Savings and Loan Society. Feehan came to Alameda County and applied for letters of ad- ministration on Roths estate This was a year ago and the time expires tomorrow.
 Attorney G. c. de Gola, acting for the State, with the consent of the At torney- General, has brought the suit in the name of pr. A. M. Gardner, su- perintendent of the Napa State Hospi- tai, who is the legal guardian of Jacob Roth. Feehan had no authority to act for Roth and got letters without the knowledge of any one of his family, and it is alleged Is about to settle the estate
 The suit is brought to compel Feehan to return any money he may have col lGcIeQ as dQIIlEnlSlTdtOI u 1I In trust for Roth. It alleges that Fee han has no right to letters of guar dianship and should be removed as ad- ministrator.
 The suit Is really test case and upon it will hang many others that will be brought in the near future on both sides of the bay and also in many other counties.
 Stamp Ordinance Killed.
  the Police Court dismissed the merchants under arrest for giving away trading stamps to-day and handed down a lengthy decision, as was said he would in Sundays Call. In his decision he says:
 Where a power Is repesed in muni- cipal body 1t has the right to exercise that power to its fullest extent. IT the Council has the right to say that gifts shall not be made under certain condi- tions 1t has the right to prohibit them. This would be virtually holding that 1t which make gifts lawful. The exercise of the authority attempted in this ordinance would be n conflict with the general law. The ordinance would be void Tor this req son alone if for no other It is an un- warranted Interference with personal hb- erty and property rights, and was so held by the Supreme Court of the State of New York"
 Oakland News Items.
 OAKLAND. March s.-Dr. W. H. Sim 
 escape from losing his office by fire late yesterday. The curtain blew over an al cohol lamp and ignited. In attempting to extinguish it his clothes and the carpet took fire Assistance reached him in time to save himself and the office.
 Gee Nun, an Americanized Chinaman. was arrested yesterday for attempting to avoid paying his poll tax. He. put up s2o cash bail and to-day demanded. a jury trial. The case was set for March 23. Grand Vice President Judge w. M. Con- ley paid an official visit to Athens Parlor No. 195, N. s. G. ". tonight. Delegates to the coming session or the grand parlor were elected, after which a banquet was rendered the visitor.
 c. D. Orsborn, carpenter, was treated 2 bo,It o'clock for a cut above the left eve. severed artery and dent in the back of his head, evidently made by lacked him on Jefferson street, but after striking him. ran away when he cried out.