The San Francisco Call. Newspaper, October 19, 1898, Page 12

12 FRANCISCO CALL, WEDNESDAY, OCTOBER 19, 1898. OAKLAND CAN CONTROL HER WATER FRONT The Southern Pacific Cannot Ob- struct the Building of the Mole for the Proposed New Ferry. The Recent Decision of the Supreme Court Removes the Obstacles to Such Im- provements—W. R. Davis on the Effect of the Judgment. - ] $ T [ 4] . . p has been created ive citizens across the ment of the Realty their intention to establish ve ferry tem betw San and Emeryville, has aroused a tribe of the genus obs who The interest that terprise rated. i ersions upon status the corporation to build this line, they have “hammn that s being v on all possible occasl. mbodied in the allegation t stablishe at the 2 that propo other- Company, he Southern Pacific the wharf outlets to the bay. wise trol brings to Oakland and Alameda om from the despotism of the Water Com possibilities of by any, and has ope s been carefully ot the mod- | t makes n:l! ot the| and | a con- r. Under this rial the city is now evidence to secure still further ice despotic corpo- taking more water fron addition is by 1. t assure vate control of the age of Oakla the t all shore of nior counsel for Oak the famous case, referred to the fact that the people of, not realize the importance of their and gave a concise resume of results’of the h will be o particular in time. He sald: *““Hor: and the Water | city victory. ' atmed the Oak- land water front, wh as described in | ¥ ances and deeds under w 1ed, Included twelve and 2 h: miles - of ble waters an to ordinary high ti up 2E-B-F-E-NnE-0-5-E-0-REE-0-8-u-0-8 l*ly The Supreme Court of the United States awards to the public of the State of California all the navigable waters in the basin in the estuary in front of Alameda and in front of Oak- land waterward from low-tide line. public control of every wharf, dock, slip or pier ever to be used in developing the commerce of | the east side of the bay and the city of Oakland.— Extract from an Interview with ex-Mayor W. R. Davis. o o B B o B BB ol B m Bl o B BB B R N e-tenths of this area ward from ord y low tide line. Th ancient claim extended under and in- | cluded the whole bed of the estuary of | A bed of the salt ast Oakland, and nd and the depth of ( ter and along frontage seven miles long in the bay “The Supreme Court in the rec ded that the title to about ni this whole area still remaln te, as it never had been gr ed to the town of Oakland by the Legis- lature and therefore could not have been | ranted by the town to Carpentler or the vater Front Company. was reached b “ship channel’ yond_which 0 the Water Front Company obtains only the narrow, irregular strip common- holding that the word meant low tide line, b 1y called tide land—really water lots—ly- ing between ordinary high and low tide | line: about one-tenth of clalmed by the com- pany. “How @oes this leave the city of Oak- That conclusion | the grant did not extend. | a i | | and between them is now adjudged are many such streets” con- tinued Mr. Davi nd upon the present | retrial of “the imony has been taken for several howing the stat- us and use of a treets ending at the estuary and th nding at West Onkland, on April 1 The evidence as to e thorou luminous and will probably oe an other month. “The exact sltuation, in a few words, | is this: “The Bupreme Court awards to | the Water Front Company under the | water frontage was mad ? This gives | ] ] n land as to its water front? cellent condition. Assuming that no streets had been extended ~across this strip between high and low tide and that that strip 1s to be viewed as private p erty, there is no difficulty ak city’s mning and opening as y streets this tideland t may need e tot {i In a most ex- treets to be | ame as the water- | 20, where the State State property, “Oakland’s real water frontage, where | vessels land, is therefore under the abso- | e control of the State and within the | e cl )Y projectin 8 1o that determin , who wou 5 according to the & s in the strip shipping fror ite. ses the city to be ig to condemn lands | ts, but such is not | Court’s dec e position of he foot of decided that w. d | to lowtide line on A (the tme of | the compromise) t y stlll had the| right without co ation or condemna ap tion to proceed with the use of all such streets out to the 1 e of Btate control, compromise of 1%68: basin east of sary which turns tt. in the bed of the es tonio except the narrow s north shore lying between ) and low tide. othing in front of the city of | Y “Fourth— in the bay westward | from low tide line off West Oakland. fth—The water lots or shoals Qakland to low tide line. “Sixth—The Supreme Court of the Unit- ed States awards to the public of the Btate of California all the navigable oft waters in the basin, in the estuary, in | front of Alameda and in front of Oak- land waterward from low tide gives public slip or pier e the commerc: and the city “So_there ntrol of every wh d. | of room for bulld- s plenty Ing of ferries and all the docking facil ties required for a great city. | “The hoodoo number 13 evidently had something to do with the settlemeént of | this famous case by which the State re- covered its property and the of Oak- land galned access to the commerce of the Pacific,” sald Mr. Dav laugh. “Carpentier'’s famous after the incorporation of the town of | Oakland. In trying to maintain his hold- ings of the property there were thirteen | suits, each of which invalidated the ef- | feots'of the preceding action. During the | final trial we put in evidence 13,000,000 | })m;pl(s annuull}' assed over this water rontage, and I believe there were thir- | teen attorneys and Judges engaged in th wind-up of the action.” i) 2 SOLDIERS MATCHED AGAINST COLLEGIANS MEN OF IOWA REGIMENT WILL GO TO PALO ALTO. A Football Game on the Stanford Campus Which Will Be Well Attended by Blue Coats. The campus at Palo Alto will present a novel sight to-morrow afternoon when the entire Iowa regiment surrounds the football field to shout for their team in combat with the Stanford University eleven. A football game has been ar- ranged between the soldier pig-skin chas- ers and the college men, and it will be played on the university grounds. A warm time is expected, as the blue coats will be paid off to-day, and they will follow the team to the theater of the gridiron warfare. 8o soon as it was announced in camp that the lowa foot- ball aggregation intended to cross swords with the cardinal cohorts the colonel of the regiment was sought and an oral petition made in behalf of the men in the Tapks for a day's outing. The colonel did not fancy the idea of being separated from his soidiers for an entire day, but he finally relented and gave & day's leave to_his regiment. Special terms have been made with the Bouthern Pacific, and the volunteers will leave on an early train in the morning for Palo Alto. Lunch will be served at the university dining hall. The game, which will begin lzte In the day, will be the source of much noise on both sides, especially from the soldler sections. The Stanford team will be much stronger than the eleven put in the fleld by the sol- diers, which, however, will not detract from’ the inferest of the match. Thres of Stanford’s best men are laild on the shelf—Dole, Wilson and Burmeister, the latter receiving his injuries in the prac- tice game on Monday evening. — e Gustav Walter’s Estate. A petition was filed yesterday by Jose- phine Walter for a partial distribution of the estate of her late husband, Gus- tav Walter. Mrs. Walter also asks that $20,000 in cash out of the distributive ;;‘hare. to which she is entitled, be pald er. ‘ —_——— Puy wallpaper & window shades at Clark’s, €53 Market. Country orders colicited. . THE FREE MARKET IS PRACTICALLY ASSURED HARBOR COMMISSIONERS HEAR RECOMMENDATIONS. The Naval Reserve Vessel Marion Is to Be Moved Into the Stream | Some Time To-Morrow. The Harbor Commissioners met yester- | day afternoon and declded to order the naval reserve steamer Marion Into the stream. Assistant Chlef Wharfinger Bcott served the notice last night, and the warship will be moved some time to-mor- row. Major Harney made a voluminous re- port on the free market. He recommends the setting aside of the wharves at the foot of Market, Clay, Washington and Jackson streets and the bulkheads. A superintendent and all the necessary em- Kloy'es are to be appointed, and the mar- et 1s to be in operation next spring. Commissioner Herrold made a report on the fire boats and hydrants. He recom- mends that five hydrants instead of two be put, and that a fire drill for all the employes of the new ferry,depot be held once a month. R Thrown From a Wagon. Henry Winn, a glasscutter living at 267 Brannan street, was taken to the Recelv- ing Hospital yesterday afternoon suf- fering from concussion of the brain. He was In a wagon and the horses bolted. At Fourteenth and Mission streets Winn was thrown out and alighted on his head. His condition is serious. ———— Aljce Johnson Defeated. Alice Johnson, the soubrette who sudd the Gustav Walter Orpheum Company to recover several weeks' salary, met defeat in Judge Cook’s court yesterday. The court held that In discharging her as in- competent the Orpheum Company exer- cised a lawful authority. Newman & Levinson, 131 Kearny street, are solling this week $2 Maggi- oni glace and suede and Trefousse suede gloves, and $1 75 Elaine suede gloves, all elgit-Lutton mousquetaire, for 95c a pair. Sc2 windows. . LATINCH @©F 3HE BERKELEW [+] HE Southern Pacific Company’s new steel steamer Berkeley was wedded to Old g & Ocean yesterday at the Union Iron Works. The Town Trustees of the college > 2 town were present in a body, and presented the handsome vessel with a set of o g flags. The railroad company has the steamers Oakland, Alameda, Piedmont, New- & & ark and now it has also a Berkeley. The new vessel is propelled by twin screws & & instead of paddlewheels. 2 g@@QQQ@OO@OQ@Q@O@@ PPPEODPIOOOPOOS®ODOOOESOS PPPOPOHOOOP0996060 NOTHER RAID O A CANNERY A BY DOCKERY He Seizes Nine Tons of Tomatoes. STOPPED UNCLEANLY WORK ORDERED A CESSATION OF THE PRACTICES. Pacific Fruit Canning Company Be- comes Involved in Serious Trouble With the Chief Food Inspector. The establishment of the Paclfic Fruit Canning Ccmpany, at 804 Stockton street, was raided yesterda by Chief Foed In- spector Dockery, a ted by Deputies Davis and Lahaney. About nine tons of tomatoes ready for canning were seized, and also 400 quart cans that had been sealed. The appearance of the inspector was a 5 surprise and the condition of the ca to be most un ning works was found savory. Inspector Dockery tells of his experience as follows: “We entered the establishment at 11 o'clock yesterday morning and found seve enty Chinamen canning tomatoes in an uncleanly manner. They were dumping boxes of the vegetables Into wooden re- ceptacles without sorting, allowing de- cayed tomatoes to go in with the rest. About one-third of the stuff was unfit for use. » wooden receivers w | ered into a vat of hot water to 100s ins on the tomatoes and the whole mass s then given to Chinamen to prepare for canning. The result was that every- thing went into the ¢ or would have gone if I had not the outfit. I ave orders that henceforth the estab- fishment #hould not handle a consigns ment of tomatoes without sending one of my deputies to watch If the offense is repeated I will take steps to close the place ““This concern h teen tons of vegetable | the same into cans for various reputal | grocers. The cans do not bear the name | of the canning com ¢ _individ- | ual brands of the ¢ These to- | matoes are not for ch: g-houses, but for the tables of the best they can get in the way of T | visio: I am determined to put a stop to such doings in this city. The propri tors of the canning works begged the | privilege of selling the 400 cans that had een already put up, but ec whole lot. Will Lecture on California. Mrs. Janet Macdonald will depart for New York shortly. While there she will depict, by word of mouth and by picture, the places of interest In this State, its in- dustries, its resources and its scenery. The lecturer, who {s well known on the | coast, has received an honorary appoint- ment from Governor Budd to lecture in | the State and has received the indorse- | ment of the State Board of Trade and of dence at 15 West New York. | She will make her re: Twenty-fourth street, JAMES FLOOD Will Be Released Unless Japan Demands His Extradition. T I8 expected that at 9 oclock this morning, James Flood, the mer- chant of Kobe, Japan, who was arrested on the Doric, on her arrival here last Monday, by the United States Marshal, will be released by I the United States Court on hab at Kobe, the charge alleged being *“ afternoon had received no orders. anese Government an opportunity sire. in a short time. Mr. Riordan sald that the firm matter. It was learned from anoth was no charge against him and he 0FICEOF 0808 008 KOFI08 08 208100308 208 0008 308 CE 0808 T 08 00 CHQ N KR QRO OF 8 08 308 30X [=3=3:=§-3-3-3-3:8-3-8-3-3-3-3-3-3 Japanese Government demands his extradition. His attorney, Thomas D. Riordan, has prepared the necessary papers and will file them on the opening of the Clerk’s office this morning. The arrest was made on the rather doubtful authority of a cablegram from American Consul Lyons by the State Department at Washington yesterday that Flood could not be held legally on the authority of an American Consul in Japan, and that he should be released from custody unless the Japanese Govern- ment requested his detention. The Marshal has been waiting three days for some word from the Japanese Government, but up shal Shine, the prisoner and Mr. Riordan, it was decided to return Mr. Flood to the Alameda Jail until this morning, in order to allow the Jap- If the expected communication should not arrive, the defendant ‘will be brought into court and discharged from custody. Flood was taken from the Alameda Jall yesterday afternoon and spent three hours in the Appraiser’s bullding, in the office of Marshal Shine. He refused to make any statement, beyond the assertion that he had been guilty of no offense and that he expected to secure his liberty falled through mismanagement, but there was nothing criminal in the of the fallure was the refusal of several Japanese subcontractors to car- ry out their contracts with the firm. Flood has been in the carpet and matting business in Japan for five years. He visited San Francisco last July. He is a son of Henry 8. Flood of this city. eas corpus proceedings, unless the fraud.” Marshal Shine was advised to yesterday After a consultation between Mar- of taking some action shouid it so de- for | operations. | been handling eigh- = the East on California. She is thoroughly | | acquainted with every subject bearing on | | the San Francisco Chamber of Commerce. | | | of which his client was a member had er source that one of the chief causes ‘When he left Japan there left openly and under his true name. His relatives are well-to-do. =3-3-3-3-3-3-3-3-3-3-3-3-5-3-3-1 eiutaivtegetetutadetedetetutatogatatetagatasaintatutugetuasaatatusetel =3 -house on Anthon, ADDS A NEW STEAMER T0 TS FLEET Launch of the Ferry- Boat Berkeley. IT WAS A GREAT SUCCESS MISS RUBY RICHARDS DID THE CHRISTENING. Berkeley’s Town Trustees Presented the Vessel With a Hand- some New Set of Flags. The Southérn Pacific has at last added & new steamer to its fleet of ferry-boats. It took the corporation a long time to find out that a new boat was required, but when it did come to the knowledge it | spared no expense on the new vessel. In" consequence the steel ferry-boat Berke- ley that was launched from the Unfon Iron Works yesterday was a credit alike to butlders and owners. To show how long the Southern Pacific has been making up its mind it is only necessary to state that the Pledmont, the youngest of the fleet, went into commis- sion fifteen years ago, and nearly all the others are old enough to vote. The Ala- meda was bullt in 136, the El Capitan in 1868, Oakland in 1875, Newark in 1877, Bay City in 1578, Garden City in 1579 and Pled- mont in 1883, The launch of the Berkeley took place at noon yesterday. There were a large number of invited guests at the Union Iron Works, and the seawall as far as the Arctic Ofl Works was croyded with peo- ple. The tugboats Rescue, Sea Queen and Governor Markham were present with parties of excurslonists, and rowboats and yachts were there in numbers. The Town Trustees of Berkeley were present in a body and the new vessel was christened by Mi¢s Ruby Richards, daughter of the president of the board. The set of flags presented by the town of Berkeley were flown from the steamer's flagpoles. Other decorations were flow and the Berkeley presented a very pretty appearance as she glided gracefully into the whter. Steam was up in her bollers and she could have gone into commission right away had the contractors so de- sired. She will have her trial trip on the bay ina few days. he Berkeley has seating capacity for over 1700 people. On the hurricane deck 1135 people can be accommodated, while the lower deck will seat 600 more. This is a3 agalnst 1100 or 1200, the seating capaci- ty of the old boats. The entire space on the main deck Is taken up with seats for passensers. except that portion occupied y the engine hatches, the stairway to the lower hold and the two gangways for vehicles and trucks. The hold of the ves- sel contains the machinery, bollers, quar- ters for the crew, coal bunkers, barroom and restaurant. The Berkeley Is expect- ed to be the fastest boat on the bay, but Captain Mackenzie says she will have to travel to beat the San Rafael. FROM SEA AND SHORE. The River Steamer F. M. Smith Has at Last Got Out of Alviso Creek. The steamer City of Panama got away for Central American ports yesterday. Captain Crowell took his shotgun along and intends keeping a sharp lookout for the Examiner's pirate. The Umatilla sailed for Puget Sound ports and the Car- acas for Mexican ports. All three ves- sels took away large cargoes but not a any passengers. Er’;:; ';:err)x' vpvheel sg(enmer F. M. Smith got out of her bed of mud in Alviso Creek and was towed to Washington street wharf by the tug Liberty. She was not damaged a great deal, and will be In commission again in a few days. The trade to Suisun by water has grown wonderfully, and ' the gasoline sloop Alta is now too small for It. Yes- terday she was hauled off and the schooner Jernie Griffin put on in her P steamer Mary_Ellen Galvin has been moved again. Yesterday she was moved around to Powell street wharf to make room for the Aztec. The latter ves- sel is to have new boilers put in and is to _recelve a thorough overhauling. Captain H. Smith left for Tacoma last night to take command of the mail steam- Tacoma. Captain Smith was for- :erly master ofpn British salling ves- sel. Then he was master of the collier San Benito, and was in charge of her when she was wrecked near Point Arena. Latterly he has been mate of the steamer Bristol. He has a host of friends in San Francisco, and {hay are all delighted to hear of his promotion. The schooner Abbie M. Deering arived from Victoria, B. C., yesterday to fit out for a sealing and otter hunting cruise. The captain reports plenty of seal in Ber~ ing Sea, but the weather too rough to hunt them. Mrs. Barry Not Poisoned. Morgue Chemist Morgan yesterday completed his chemical analysis of - the stomach of Mrs. Richard Barry, who died of hemorrhage of the lungs in a lodging street last week. He ne, but not enough to 1ll so report at found some morpl have caused death, and wi the inquest this morning. ADVERTISEMENTS. COLORED DRESS GOODS. EXTRA VALUES. This week we will show an elegant variety of NOVELTY AND PLAIN DRESS FABRICS in the latest styles and colorings. NOVELTY FRENCH MOHAIR PI- REOLAS, three different styles and eight colorings each style..".. NOVELTY FRENCH MOHAIR CREPONS, all the new colorings. .. 310,50 Dress Pattern. 39,50 Dress Pattern. 52-INCH SCOTCH CHEVIOTS, in Blues, Greens, Browns, Navys and Olive, 75, 85¢, $1 and $1,25 Per Yard, 52-INCH GENUINE ENGLISH SERGE (allcolorShiases ot ot v iuic i i 3 cases 44-INCH ENGLISH SERGE, in Grays, Blues, Navys, Browns, Garnet, Green Cadet and New Blue....,....... 136 Per Yard. 30¢ Per Yard. EXTRA SPECIAL. 40 pieces TWO-TONED ENGLISH DIAGONALS, in Red and Black, Blue and Black, Green and Black, Brown and Black, and Heliotrope andéBlaekie Briced. ciusiois st oL 136 va, Worth $1.28, WRITE FOR SAMPLES OF ABOVE GOODS. 1892 u, u3, us, 0T, 19, 121 POST STREET. OREGON'S LONG FIGHT FOR THE SENATORSHIP Joseph Simon, Victor, in the City. WAS A TRIUMPH FOR GOLD HOW: THE LEGISLATIVE FIGHT ENDED IN HIS CHOICE. He Says the Republican Party of the Northern State Is Solid for Twenty Years to Come. After passing thronugh one of the long- est and hardest fought contests ever car- ried to victory in the Oregon Legislature, Joseph Simon, the new Senator from Ore- gon, is seeking a short rest in this city while he is trying a case before the Fed- eral court—for a law case is rest toward what has been going on among the north- ern legislators. The fight brought the office to Simon, victory to his friend Corbett and defeat to the supporters of McBride, the other Sen- ator. Corbett was the original candidate, and among his most energetic friends was Senator Simon. The fight began when Governor Lord appointed H. W. Corbett United States Samator in default of an election by the Legislature of 1897, which did not fully or- ganize in time to choose a candidate. Cor- bett's appointment was not accepted by the Senate, so the election went over un- til the meeting of the Legislature elected last June in special session called Septem- ber 26. Corbett had a large following, but the influence of Senator McBride, through the Federal contingent, was too strong for him, and he lacked ten votes. There was a deadlock, and then the Republicans caucused. At the caucus Corbett with- [ drew from the fight; and at once Slmon was nominated. One ballot made him the | unanimous choice of the Republicans, and the | | at the session of the Legislature next day { he was elected Senator amid great excite- ment. “It was extremely gratifying to me to have the election come as {t did,” said th; victor of this long fight yesterda oo received sixty-four out of publican vof he sixt own vote, and the sixi ab: tee. “Mr. Corbett and I have been friends always and I would not run while he was in the field, but when he withdrew and they asked me I could not refuse. It was the Federal influence wielded by McBride which kept Corbett out. “The outlook for the Republican part in Oregon never was better. It is stand- | ing solid and will do so for twenty years to come. Populism is on its last legs uj there, and I do not think it will cut muc! of a figure in the future political history | of_the State. | "My election is really a triumph for the | gold standard. It has'been an issue right along in Oregon politics, and I have ways been known as an out and out gold man._ The financlak question has been mixed up in all the recent campaigns, but the silver men have met with so many ae- feats that 1 think the question is prac- tically settled S0 far as we are concerned. Oregon is a gold standard State.” Simon has for years been a prominent figure in Oregon politics. He was born in Germany in 1851, and went to Oregon with his parents in 1857. He was educated in the public schools of Portland, studied law, and in 1872 was admitted to the bar. since which time he has practiced his rofession. pHe became a member of the City Coun- cil in 1877, serving three years, being for a portion’ of the time president of the Council and acting_Mayor of the city. As secretary of the Republican State Cen- treal Cnmmfuee in 1878 he mianaged the campalgn so successfully that in 1880 he was made chairman of the committee, in which capacity he served for six years. He represented Multnomah County in the State Senate from 1880 to 1891, and again since in 1893. §3e" was president of the Senate dur ing the session of 1850-91 and since 1883 has beeh repeatedly re-elected to that sition, at present acting in that capac- " “He s one of the best presiding offi- cers that body ever had. In 1882° Mr. Stmon_was a delegate to the Natlonal Republican Convention in Minneapolis. He was then elected to represent Ore- gon in the Republican committee. For eight years Mr. Simon was a member of the Board of Police Commissioners of Portland. He was a law partner of the late Senator Dolph, belng a member of the firm of Dolph, Bellinger, Mallory & Simom e trip to this city Senator Stmon is acompanied by George A. Steel, chair- man of the Republican State Central Committee, and Graham Glass Jr., its secretary. “Go,” she sald, “and never dare To speak to me as long as you live!” He went—and that’s what the maiden fair Can never, no never for, hicago News ADVERTISEMENTS. GLOVE BARGAIN! WEDNESDAY, THURSDAY SPECIAL ol and FRIDAY, I October 19, 20 and 21. TWO-CLASP EMBROIDERED BACK, good fitting, well made Kid Gloves. Colorsare brown, black, reds and tans, sizes 5%, 6, 6%, 6%, 63 and 7. Regular $1.00 value, Both Stores. ON SALE AT 65c. KOHLBERG, STRAUSS & FROHMAN, 107-109 POST STREET, and 1220-1222- 1224 MARKET STREET.