The San Francisco call., 1909-11-13
ELECTION IS GIVEN
COURT SANCTION
Petition for Injunction Summar-
lily Denied by Superior Judge
Ellsworth at Brief Session

OAKLAND. Nov 12.-Attempts TO
prevent the annexation election by
court proceedings at the eleventh hour
failed in Judge Ellsworth's court today
The jurist threw the petition for in
junction to restrain the holding Of the
election and for an order TO show cause
why the injunction should not be made
permanent out of court before Associ-
sted Counsel r. NJ. Fitzgerald. c E.
Snook and City Attorney Stetson had
fairly commenced their argument IN
support OF the city's position
At the outset of his oral opinion
Judge Ellsworth stated that he consid-
cred il contrary TO the state laws and
the best traditions of the bench to al
low court interference with elections
held by the people of a community, eN-
cept where actual fraud was charged.
No fraud having been charged by those
who sought TO hinder the election, their
remaining points were swept aside ana
the petition denied.
The point that inhabitants Of the dis
tricts annexed. ii the election carried,
would be liable for their share In the
tax for the bond redemptions carried
SO little weight with Judge Ellsworth
that he did not call for arguments
against H. City Attorney Stetson said
that he had authorities and decisions
without number holding that no such
liability would attach TO residents of
th, sections annexed. but they were not
needed.
CITIZENS FAVOR BONDS
Returns now coming in to headquar-
~ 4E- I'D
rhe different wards of the city TO secure
thcs support Of voters for the bond is
sue. to be voted November 10, and for
the annexation TO Oakland of outlying
districts. TO be voted the following day,
show that the first second. sixth ana
seventh wards are Overwhelmingly IN
favor OF both measures. Some OF the
reports made by the canTassers snow
as large q proportion Of support as 10
10 J. In the third, fourth and fifth
wards REPORTS show that both measures
viii be approved in those wards
40 organized opposition to the bond
issue has developed in Oakland. NO
opposition &c the plan Of annexation
has shown itself in any force in Oak
land. and in the outlying districts what
opposition there was has for the most
part been dissipated. In this regard
the action of the Brooklyn Township
anti-annexation league, which formally
disbanded last night, Is taken as u
sign Of great encouragement by the
proponents Of annexation.
This action on the part of the Brook
lyn club was taken deliberately. and
as the result of the conversion of most
OF the members to annexation.
TIME ALLOWED FOR VOTING
Appeals are being made to employ
ers Of labor TO urge their employees TO
vote for the bonds and annexation. EN-
plOyers have been asked by the COM
mittee in charge of the campaign to
give their employees time TO vote and
TO inquire whether or not they have
voted when the election days come.
Favorable reports from San Francisco
employers have been received to the
letters sent from Oakland, asking them
TO give those employed who live in
Oakland an opportunity TO vote.
An open air meeting was held today
in the Southern Pacific yards at the
foot of Kirkham street. Addresses
were made 10 several employees by J. 7.
Flynn. W L. Gibson. A w. Sefton Jr,
{. n Wsrdau and b. P. Miller.
The following meetings, at which
annexation and the bond issue were
discussed. were held tonight:
Athletic halh East Fourteenth street near
FruitYale aveuue-Speakcrs: Elliot. PARCELS
Sefton Capwell, Montgomery. Vose.
Sunset hall. 1864 Seventh street. Western
water front Ieagne-Speakers: Mott Thompson.
Flynn. Ellsworth. Stiefvater. Bronner-
PioHeer Improvement club. 455 Park street
speakers: McClymonds, HsnnafOrd.
Cameron lall. Thirteenth avenue and East Six
teenth street-Speakers: Kose. Eoford. Gibson
204l Adeiine street. Stachler's house. second
Ward club-Speskers; Stetson. Ellsworth
Stachier
AIIendaIe-speskers: Mott, stetsOn. Clay.
Jones.
Fourth Congregational church. by Mems
league-Speakers: Elliot and Everhart. with
Sfereopticon illustrations Of proposed water front
improvements.
Tomorrow night rally viii be held
in the main hall Of the new Carpenters
labor hall. Twelfth street near Brush.