The San Francisco Call. Newspaper, June 20, 1900, Page 16

16 THE SAN FRANCISCO CALL, WED SDAY, JUNE 20, 1900 S — AKLAND'S STRUGGLE AGAINST THE WATER MONOPOLY ’ NOW BEING CONDUCTED VIGOROUSLY IN THE COURTS BECOMES OF VITAL MOMENT T0 CITIES OF THE STATE Books Which Would Have Shed Light on the Capitalization of the Corporation Have Been Destroyed—Judge Hart Prohibited From Acting by the Supreme Court. P as e R e s e o e o oo o o d R R R K I SRR ) the State b lic_corpora which can questionead T egeregate of o aper. Stock dXAUl P epditures up« puc may be the entire State. Scandal has followed scandal in the affairs of the Oakland water companies. For years the Contra Costa Water Company and the Oakland Water Company were bitter rivals for patronage, in t uggle for course was b pedients. Ag with one another. ¥ destrv{efl, rep! were ruined and Counclls were bribed. For a while the people of Oakland enjoyed the benefits in reduced water rates resulting from this remarkable competition | ‘Then the climax came in & compromise between the two fighting companies. The | Contra Costa Water Company absorbed the Oakland Water Company, and the z‘nmbflr;gtlnr. controlled the eituation. Al- | vinze Heyward, E. J. Rose and Willlam | J. Dingee secured possession of the bulk | of the stock, and neturally the ownership | of the valuable property fell into their | bands. Hayward, as a matter of course, is the financial head and supporter of the combination. After the combination was | formed it was seen that the books of the concern might make interesting and ex- tremely dangerous reading if° by any | chance they fell into the hands of inquist. tive people. While the records were val- | uable, they were not worth enough to | keep, and it is sald that one day a pii- | v J reve & Company Will Close Their Store at 3 P. M. on Saturdays and other business days At 5 P. M., June 30th to September st inclusive Market and Post Streets. « to pame the Judge who should @ - > D oo Leading Actors in the Litigation Which Is Interesting the State, - B S e e e SN o i S o [ e e e e s grimage was made to a point convenlent- | near the power-house and the books orce ngt exist does it cannot corporation of telitale war of into re the two ial te. be extremely Hb- mpany decidec itself, and so when the guestion tes was presented the company ae- 7 per cent interest on a capital- £ 35,000,000. and was shocked and the battle be- the City Council. After due con- the Council decided that the would be fairly compensated by | t of 6 per cent on a valuation a e less than $4,000.000. Upon this basi: he water rates were fixed last February by the Council. It was the turn of the Contra Costa Water Company to be | cked. A vision of enormous profit had d and the company Instituted suit to have the rates established by the Council deciared null and void. Two rea ons were given for this action, one i £ n irregularities In the fix- ing of the rates had made them fllegal and the other that a sufficient income to the had not been assured. se was assigned to Judge F. B. _‘('Edéfl, who decided that as a ratepayer the litiguous corporation he was dls- | qualified under the law. The other Su- perior Judges of Alameda were in the same position, but Judge Ogden was not | at a loss for an expeaient. He declded | that because he was disqualified himself | tnat was no reason why he could choose the Judge who would be to try the case. This decision of Judge Ogden 1s at least interesting if it is not | remarkable, and out of it came yesterday an order of the Supreme Court of the State which temporarily suspends all pro- ceedings in the case. Judge Ogdep, not- withstanding his own decree that he had no power to act {n the case, selected Judge 3 ‘Hart of Sacramento to act in. his ste This selection precipitated another storm which Lag given to the complicated affair 4 political phase. The people of Oakland, through their attorney, Robert Y. Hayne, objected to Judge Hart, but Judge Hart decided that he was fully competent to act. He, therefore, overruled the objec- tion. His sense of duty, it appears, was | more keen than his personal pride. He knew that he was an associate of Alvinza Hayward, the actual plaintiff in the case, in political affalrs, but no one could say that tke jurist from Bacramento was a ratepayer to the water monopolist. Judge Hart probably thought that politics makes strange fellows, and he was not de- terred. e had been elected, at his own earnest solicitation, a delegate to the Re- ublican Natlonal Convention, but a is sense of duty asserted iteelf and he determined to sacrifice his personal desires and judge a case in which the corpora- tion plaintiff was fighting for him, and the defendant, with whatever courtesy the situatibn permitted, was asking him to- retire Judge Hart decided not to g0 to the national convention, but to remain in Oakland and try the case. Even an assertion of mistaken identit: did not swerve him from his Spartan wmg of duty. Judge Ogden listened to the roar of protest which followed his selection, and said that he thoufix( he had chosen A. L. Hart, not E. C. Hart of Sacramen- to. In making this explanation Judge Og. den srub.,bly forgot political history and did not remember that A. L. Hart of Sacramento never was a Judge. But still Judge Hart was proof against removal. He overruled the d e émurrer of lmm. ask for a blanket order, but peci the particular books they du‘?:e.dt. e The situation was becoming more in- tenge every da; til on Monday Attor- a petition be- ney Robert Y. filed fore the Supreme. Court asking that trip. m acting unal to prohibit Judge Hart in the case. Hayne pleaded in his peti- ton that as Judge Ogden was not quali- fied 1o try the case he was not qualified 80 and denly only to ex L bis appointment of Judge Hart was there- fore illegal. The Supreme Court granted the writ of prohibition yesterday and Judge Hart, temporarily, at least, is re- lieved from the burden of that duty which rests so heavily upon bim. The writ has r | been made returnable-on June 25 and until | then nothing can be done. In the meantime people ‘of Oakland will rehearse the of the case in which they are so tely interested. ey know t questions of fac{ t the decision of the trial court is ESCAPED MONKEY GIVES A final | with and that if that court accepts the valua- tion of the Contra Costa Water Com- pany as the corporation claims it to be the Supreme Court will not question the valuation The corporation was increased by vote of the dircctors to 6,000,000, the Hayward company Then the deai was mad e e R e R e e R R S R T S T D S = ] and $1,500,000 in stock and $1,000,000 in bonds of ‘that concern entered into the capitalization. Immediately after this $i00,000 more in | stock was issued to pay oif floating debts, One | angry mobs. the directors, Whit the tier, claimed int. st on money which he claimed he had used, and, it will be remembered, he obtained what he | demanded. While scand#® has been the companion of both the co has not yet been told of thi airs. It is_gn open secret that the va of the Hayward company, for which the Contra Costa Water Company paid $2.500,000, is not more than §1,00,000. It would be interesting. therefore, to see the books, which people of Oakland which eannot be produced because the: have been destroyed ity for the assertion at the property of the. Contra Costa be reproduced for $2,500,000. This it is very evident makes the value of the combined properties 0.000, instead of $5,000,000, which the ntiff corporation is claiming before the duty-stricken Hart. And even in this aggregat a large item that represents an unnecessary expense for which the people of Oakland should not be compelied to pay. O to the existepce of (He clty 18 d&fbln-p}md. a ‘condition which is now not needed. This double piping rep- Tesents an ftem of $500.000, which In justic should be deducted from the total means tbhat the Cl(fllflm!\l{fi 0““}?“—";‘“"\ of the Contra Costa Water Co ¢ Should be $3.000000 Instead of $8,000.00. The. people of Oakland know this and ublic determine whether or not corporation shall grossly them. And in thelr s nicipality in the State is a_quas 1ggle every mu- vitally interested. Naval Officers Have an Outing. Captain Merrill Miller, commandant of 3 o Mare Isiand. Navy Yard, accompanied e on - 1 officers and, and the lunch served on the mountain | a fitting climax to a most en] wi day. SHOW ON BRANNAN STREET N + * + “1 LIKE THAT NAME | THINK 'Ll PUT UP THERE FOR A CHANGE" j /7 S e e S S e e el ] street, is out of tune, off pitch and \"BEFORE | SETTLE DOWN {'LL CLEAR UP THIS RUBBISH AND £ FUMIGATE THE PLACE"' L s ko kot o o HARMONY HOTEL. ing a fine time trying to catch this elus- THE Harmony Hotel, 785 Brannan The lodgers in the hotel have been hav- in an atmosphere of general dis- cord. Cause, a lone monkey that has escaped from somewhere, presumably the quarantine station at Angel Island, where Dr. Kinyoun drew long breaths of the plague pipe and worked upon Bimian gifts to sclence. All of Brannan street between Bixth and Seventh is in an uproar over the pranks of this playful monkey, which appears in the windows of the hotel, winks the other eye at all the girls on the block and sud- for an hour or . . ¥, pur_ or. more. gibbering at everything he sees. ive suspect of the Kinyoun ranch, and they find him as difficult of apprehension as a live plague subject in Chinatown. Yesterday by some means ‘de monk” obtalried entrance into a - young man's room, ate up the-photograph of his best girl, poured a bottle of red ink over the bed and tore holes in a palr of new trou- sers. Coal ofl is beverage mischief mker. When 105 Becn he wis pouring a few pints .of this inflammable 0 stomach to stifle the gome of the neighbors Rivoun Sormt. s “everal theories are advanced by the DRSS DS U DU D DU SR S SDID S S S SN SH A 8 O e . * 14 . ° . L4 * & ¢ LL NOT BOTHER = THE BELL- BOY, .. GO RIGHT UP BY MYSELF" residents in the district, all concerning the ownership of the link that wasn't missed. The Angel Island theory is the most favored. for the monkey behaves in such an outrageous fashion as to suggest a ghmlnl habitation in that n spot. But ere are others who declare that this mo is not unsound of mind b Het'lthnt hz is nngthcr 'd'kue l%or 6™ er an every day to hear ”:Ae fantastic ¢ 2 When the deal was made the Contra Cec Water Compa ad d $4,500, 000 in stock and $2,000,000 in its own bonds, | which made an aggregate of $7,500.000, | including, it was said, advances mads by Messrs. Dingee, Whittier, Pregcott | and Goodall. the expenditure of this money, membered, a | great scandal 4. Money was | used as water in the City Councils. Mem bers of those honorable bodles were | chased through the streets by hooting. | the | have, demanded and | xperts are author- | & | two rival eompanies they Insist that an impartial court shall | impose upon | FRENCH Dress Novelties and Novelty These goods we purchase turer. They are all this SPECIAL SALE —OF— HIGH ART NOVELTY Fabrics! —CONSISTING OF— Brocaded Silk Bareges, Silk and Wool Silk and Wool Crepons. d from a French manufac- season’s goods, latest stuies and colors, and will be sold by us LESS THAN HALF THE PRICE OF IMPORTATION. : We will also have on sale t of GENUINE BLACK EN WOOL MOHAIR BLACK C | and $1.50 per yard. ! $2.00 and $2.50 per pard. | BLACK CREPONS! his week a large importation GLISH SILK MOHAIR AND REPONS at $1.00, $1.25 Former prices were $1.75, We inyite an early insrec:ion of above COLORED AND BLACK DRESS GOODS. | . CHARGED ON A - CROWD WITh A ~ BIG REVOLVER ! decision. s is $8,000,000. | by a party cqmp v i whieh, '\I)Nh'l" ny form f'\lf‘ analy heir families) ca d(-iw‘n 1 7 ((l’{fi]l!fl(\": | = o H " Saved not to bear inspection. The o yesterday on t rd tug Unadilla an {ltal, stock of The Comtra Tosta Water | tpent the day on Mount Tamalpals, The Trapioni’s orse, C ny w 3 , and the bonded | pide to the summit on the “‘crookedest | = e T BRI Sonitarisation of | EE Lo e e was enjoyed by ail. | - From Fire, Was Held by Rescuers for Ransom. ——— Incident Which Attended a Small 3mall Blaze Corner Chestnut and Powell Streets and Fur- nished Excitement. —_— A portion of North Beach bubbled with excitement last night. A determined man behind a large revolver held the situation at the corner of Powell and Filbert streets and took his horse away from a howling mob that wished to hold it for ransom. A fire which partially destroyed a fish- drying establishment on Chestnut street occured about 8 o'clock in the evening. In the bullding was a horse belonging to An- tone Trapioni, a fisherman. While the fire was in progress two men rescued the animal and led it to a safe place. When its owner appeared he was told that it cost something to save horses from the flames, and that if he wished to reclaim his animal he must pay a certain amount of money. Traploni had a large sum in gold in his pocket but no silver, and he Wwas afraid to display the yellow metal in front of the mob. He tried to argue with the rescuers of the horse and get them to release it on condition that he would pay hem the next day. This they refused to 85 "and started to lead the qu away. Trapioni fought with the men as they passed along Powell street, but they would nut relent and most of the mo that followed seemed to take their side of the argument. Finally the owner of the horse slipped into a relative’s house and secured a large revolver. He came out and charged on the crowd. In an instant the mob scattered, but the men who had saved the horse's’ life stayed with their prize. When the pistol was poked under their noses they concluded to accept the owner’s demand. Séveral times the crowd attempted to retake the horse and each time Trapionicharged on it with the pistol. Dr. T. W. B. Leland, autopsy surgeon at the Morgue, arrived at this juncture and after a little persuasion got possession ot the pistol and adjusted the diiculty. The men who rescued the horse escaped and the police were unable to obtain their names. —_———————— Beating the Record. It used to be said of life insurance that “you had to die to win,” but recent years have changed this, and the newer forms of policles combine investment with life insurance. As announced in another col- umn, the Equitable Life Assurance Soci- ety has just settled the largest endow- ment ever paid. This endowment was on the life of a gentleman in Toronto who was evidently a believer in endowment insurance, as he took out $400,000 worth in various companies. His policy for $100,000 in the Equitable at its maturity was worth $150,847, which, as before said, is the largest payment ever made to a living pol- icy holder, and makes a strong argument in favor of the form of insurance which makes provision for old age as well as giving protection to the family. —_———— Policeman McHugh’s Assailants. Harrison Porter, a young tough and ex- convict, was yesterday held to answer before the Superior Court Judge Mo- o acoanit Sith o Geadty W lnhfl‘ He struck Police- man Michael %‘hb a shovel on June 3 in a barn at and Harrison and go back to first causes. ‘A'nq' to b:! last ‘:Jxon\h‘u uhrll es | Ju e af Tweifth and Harris one of Kin: X ocu- A Hopiays Shch iite Snd metiy- | Byder, charged with b simitar Sitense, will -4 Dot know fate until to-morrow, PAINLESS DENTISTRY NO PLATES REQUIRED Our removable bridge work is beautiful and durable. Warranted 10 years. Qur $5.00 Plates fit like a glove. Our method for painless extractin Is patented an used by no other dentist on the Pa- cific Coast. for 3 Day: PRICE LIST Painless Extraction... 23e Removable Bridgewcrk. .00 .00 1.00 #1.00 Stiver Filling 5 0o Mrs. Dr. R. L. Waish will attend to the ehildren’s teeth—painlessly. DR. R L. WALSH, GEARY ST., between Hyde and Larkin. Office Hours—9 a. m. to § p. m.; Sundaym, 9 to 12. Telephone Polk 1135 bt ol ee— You ought to see How Many Beautiful Premiums We Give With Teas, ‘With Coffees, With Spices, With Extracts. With Soda, With Baking Powder. Great Americn [mporting Tea Ca MONEY-SAVING STORES. Bt Sutter aad Posth 861 Marke! #lau-.i 218 Third St. 119 Polk St. 621 Mon A 2616 Mission 8t 006 Sixteenth St. 1519 Devisadero St 146 Ninth St. 75 Halght St 2008 Filimors Mission St 2 Market St. th St OAKLAND STORES. 1053 Washington St 618 E"lz‘l:‘“ llfl '.i- % Park 5t Alameda. . 4-Room Furniture ror $O8 2 BEDROOM—Bedroom set, 7 pleces, Bardwood: T go0d Wire Spring. 1 wood Top Matwress, i Pair Plllows. PAMDR;% pleces Osk or Mahogany Uphol- DINING.RGOM—1 Hardwood Extension Table. § Oak Chairs. KITCHEN—1 Patent Table, 1 No. 7 Stove, 3 Chairs. No_extra charge on_eredit. — MAKE YOUR OWN TERMS. — EASTERN OUTFITTING CO. 1310-1312 Stockton St., Near Broadway, Open Evenings. HAY.FEVER ASTHMA AND CATARRH Oppresion, Suflcation, Neuralga, e, cared by ESPIC'S CIGARETTES, or POWDER Pazis, J. ESPIC; New York, E. FOUGERA & CO SOLD BY ALL DRUGGISTS FOR BARBERS, BAR. ers. bootbiacka. bath. BRUSHES = 25 i brewers. -makers, canners, rers. Bourmilie - foundeies, - mudrien, pager: blemen, tar-rocfers, tanners, tallors, eta - BUCHANAN BROS. | Brush Manutacturers, 609 Sacramento 33