The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1903-09-23
WATER BONDS
MUST De PAID
Judge DeHaven Decides
Two Santa Cruz
Cases.
Nine Years Of Litigation
Ended in the u. S.
Circuit Court.

Circuit Court.
Nine years of litigation was ended yes
terday in the United States Circuit Court
by the handing down of decision IN TWO
of the celebrated Santa Cruz water BONDS
cases. The two suits were entitled Waite
VS. city Of Santa Cruz and were brought
to recover $4,000 and $4,000 respectively,
the alleged value of bonds and coupons
issued by the city for the purpose of OBJ
tanning a water supply. AT the time OF
the commenceme Mt OF the action Albert
H Waite held the legal title to all of
the bonds and coupons. Shortly after
ward Waite died in Massachusetts and on
March 2, 1903, on an order of the Probate
Court of Massachusetts, the administra-
trix, Helen E. Waite, transferred all
Waite's interest in the bonds and coupons
to John NJ. Graham. On April l OF the
same year F. A. Him, for valuable
consideration, became the owner, ana on
April Is Him delivered to the city OF
Santa Cruz the bonds and coupons men
toned in the complaint and agreed that
they should bear interest at per cent
per annum from said date.
Upon a stipulation, wherein all the
above mentioned facts were agreed upon
Judge de Haven sitting Circuit
Judge, rendered judgment for both
amounts sued for interest upon the judg-
ments TO run al 4 per cent.
When the city of Santa Cruz issued the
water bonds the authorities entered into
contract with certain promoters" to dis
pose of the entire issue. The promoters
disposed of the bonds, pocketed the pro-
ceeds and then went into bankruptcy.
When suit was brought against their
sureties for the amount collected it was
found that the promoters had organized
company consisting mainly of themselves
and had put up the sureties for them
selves. This company also went into
bankruptcy, and the bonds having been
sold to innocent purchasers, and having
been legally issued, the city was respon-
sible for their payment and was obliged
to issue a duplicate set of bonds to OBJ
tain it's water supply. Suits for the re-
mainder of the first issue of the bonds
are pending in the Federal courts on ap-
peal.
Q + ! o
stmr Portland, Mcintyre, 70 hours from AS
toria.
stmr Czarina. Seaman. As hours from Coos
stmr L. Roscoe. Crangle. II hours from Coos
Bay.
stmr Alameda, Lawless days from Homo
lulu
:. Br ship whitlieburn. Bartlett 10 days from
Newcastle. N S. w.
Schr Lily. Bottger, days from Umpqua.
SAILED.
Monday, September 90.
Stnlr Arcata. Nelson. Coos Bay.
Stmr Coos Bay, Nicolson. San Pedro
Stmr Greenwood. johnson. Point Arena.
Stmr Corona, Johnson. Eureka.
Stmr Gipsy, Leland, Santa Cruz
Stmr Santa Cruz. Gielow, Moss Landing.
Stmr CHICO, Jensen, Goquille River
Brig J. D. spreckeIs, Mcneil south Bend.
Schr Ruby, North, Coquille River
Schr G. w. Watson, Weitkunat, Willapa
schr Challenger. Anderson. Puget Sound.
FIR bark Anne de Bretagne, Bregeon, Queens
CLEARED.
Monday, September %
stmr, Corona, johnson. Eureka, Pacific Coast
TELEGRAPHIc.
POINT LOBOs. Sept. %, 10 p. m.-weather,
thick; wind, velocity Il miles per hour.
SPOKEN.
Per stmr San Mateo Sept % 2 a. m, miles
south Of Point Reyes-Stmr Francis H. Leg
gett, from Astoria, for San Francisco, with
log raft in tow.
Per stmr Alameda. Sept IS, 2s.21 n, 147. 40
WIsaw Fr bark {, steering NV last two sig
OUTSIDE BOUND IN, - NJ.
---Stmr Francis H. LegEett, with log raft in
tow.
stmr Alameda
OUTSIDE BOUND IN. 3P M
Stnlr Czarina.
DOMESTIC PORTS
ASTORIA=Arrived Sept 22-Stmr Columbia
hence 10th; btkn Omega, from Newcastle, Aus
tralia.
Outside Sept 22-Br bark Dunsaw, from Port
Sailed Sept 22-schr ]. H. Lunsmann. for
shaR R SeRr Alumni I'Hna for nt Adslaide
tralia hence 18th.
Sailed Sept 22-stmr Coronado for San
Francisco.
CAsPAR-Arrived Sept 22-stmr South
Coast. from San Pedro.
Sailed Sept 22-stmr South Coast, for San
EUREKA-saiIed Sept 22-stmr Alliance
for Coos Bay; stmr Pomona, for San Francisco;
stnr Sequoia, for Redondo.
Arrived Sept 22-Stmr Eureka, hence 21st.
FORT BRAGG-!sailed Sept 22-Stmr Noyo.
for San Francisco
GRAYs .HARBoR-Arrived Sept 21-stmr
Sailed Sept 22-stmr Coronado and schr
NOME-sailed Sept 17-stms Ohio and sena-
PORT Los ANGELEs-sailed Sept 22-Ger
stmr Elba, for PUGET Sound
SAN DIEGO-Arrived Sept 22-Nor stmr Ii
tania. from Nanaimo.
SAN PEDRO-Arrived Sept 22-Bark Hes
per, from Redondo; stmr Aberdeen. hence goth i;
stmr Marshfeld. from Hardy Greek; stmr
Charles Nelson, from Redondo
Sailed Sept 21-Stmrs Fulton and Ruth, for
San Francisco.
Sailed Sept 22-stmr San Pedro. for San
sEATTLE-Arrived Sept 22-stmr Jeanie,
from Alaska; strnr Centennial hence 18th
Arrived Sept 21-Bark Guy c. Goss from
Alaska; stmr City of Pueba, hence 18th
Sailed Sept 21-Stmr Queen, for San Fran
cisco; stmr Humboldt. for Skagway
SOUTH BEND-Arrived Sept 22~schr T ORR
TACOMA-Sailed Sept 21-Br stmr Texan
for New York: stmr Mineola, for San Fran
cisco. 4
Arrived Sept 22-stmr California, from Sc,
attic.
TATOOsH-Passed in Sept 22-Br shin
Craigmore, hence 9Th, for Vancouver
TOWNSEND-Arrived Sept 22-Br ship
Gantock Rock, hence Aug &C. for Whatcom.
WESTPORT-Arrived Sept 21-Stmr Prem
tiss, hence Goth.
Sailed Sept 22-Stmr Prentiss, for San Fran
cisco.
ISLAND PORTS
HONOLULU-Arrived Sept 21-Br stmr Do
rio from Hongkong.