The San Francisco Call. Newspaper, July 11, 1900, Page 11

THE SAN FRANCISCO CALL, | NEWS | | oF THE | BAY CITIES. GAVE UP STAGE | CAREER FOR THE PRIESTHOOD WEDNESDAY, JULY 11 11 10 WATCH POLLS \T THE PRIMIRY FOR CONGRESSHAN Robert F. Sesnon to Devote His Life to Cause of [ the Church. Ordained April 1 at Rome, Where He Attended a French Jesuit College for Three Years. PRINTERS’ UNION BIG COMBINATION OF REDWOOD LUMBERMEN Tailure y ail the State, sful because rr ary capital wiil be known ‘ompany and 1 stock of $25 n subscribed. arket can be found s thirty or f‘r‘Y‘.:: million feet REAPPOINTMENTS ON THE BOARD OF HEALTH John afternoon on the Board d have made sintment is hings and Ham- preciated the value of he advantage lipox and has | Supervisors Make Appoint- ments for the Election on August 14 Ber ke Lists of Names From the First and Second Districts Have Been | Filed With the County | Clerk. —- 4 Office San Francisco Call, 1118 Broadway, July 10 f the Board of Super- ring for the Congres 1 held August 14, Supervisors alcott arranged the elec- cts and appointed election of- follows: Oakl e members ¢ mary t lls and n | v F1 T DISTRICT. Washington Precinet, polling place L 0. O. F Hall, Irvington—Inspector, M. MoCull (D.) ballot clerk, W Blacow .); Judges, Char Anderson (t.); clerks, ThR) liing place £ O. T (D.); ballot Bond (D.), Rober ).). Tames ecinct, t arles Hez clerk Niles Precinct, p ace 1. 0. O. F. Hall John Bu. sudges T cleris, » Precinet, polling e not yet chosen— Henry' May (D.); ballot clerk, John Judges, b H. Smith, John C. ks, J. B 16, John H. Hayes n Precinct, ¥ polling 4 almer (D.); Ins McDonald John N. D, (D), K (D), rray Be Dutch- terks, John I (R.) ct, peliing plac W. €. Hobbler ens (R); judges, R.): clerks, J ark ( Ye ng judges, Thomas erson (D.): ballot clerk, J ): clerks, T. b H avenue " Turnbull Carrigan, A. C. Bredenmur Bixb: Frank Harold; ball arshall aw- Harper, Willlam v M u 1 and No. 2, poll Inepector, O. J. L; David Ury; ‘clerks, ballot clerk, L. God. and 2, and > at Village Hail | ). Webb: judges, E. clerks Holland, A de Camp, L. B! . V. Merle. ares, polling place at tor, W. Ott Emer M J. Sequira; c | " Thomas, J. E. Curry; ballot clerk, Fran | H. H. NORTH WEDS men inter- | represented Alameda County in the State Legislature. Professor T. R. Bacon of the University of California officlated. Miss hel Olney was bridesmaid and Arthur rth attended the groom. Mr. and Mrs. rth left this evening for Shasta, and their return will make their home Oakland. . A tally-ho party & 5 rove to San Leandro Installation of Red Men. lisburs sagamore, Frank McAl Farrei kee Jessup. At the Hermann Gutstadt ved Order of Red he Progre *"and E. Lastr M School Site Selected. EY, July 10.—At a m, & of 1 1 jast n'ght the repory « . commending as a . s 1 the southwest corner < fa streets, 125 feet on 1 1w feet on Virginla, was y ice was $3050 the opening of Walnut rnue to the Uni- bl discussion ideration un. to Be Incompetent. D, J 10.—Mrs. Henrietta M F e has caused her hus- as, 1o be cited to ap- rior Court and show not be declared in- es that her husband 4 by artful persons. of an interest in the r Mills of San Fran- Wives Want Divorces. 10 JAKLAND, July -Annle C. Roos rom Otto A. Roos, provide. . ied this afternoon om John 8. Martin on the has brought suit for a ias W. Kearney on the ruelty —i- Touchard Estate Appraised. OAKLAND, The estate of the | Mr. and Mrs. leasure seekers were: Vandercook, Mr. and last Saturday. The E P Mrs. Charles Melvin, Mr. and Mrs. Gar- , Mr. and Mrs. Bonnestel, Mr. and Fred Mayhew, Mrs. Lemon, Miss Mise Florence Starr, Miss Catherine Bert Stone, Robert McMullen, Mendenhall, Lewis Allen and Will Stewart, a V, ¥ iy Miss May Perkins, daughter of Senator George C. Perkins, returned to Oakland last Saturday after a season spent in shington. Mre. Young and Miss Lettie Early of s| n, D. C., are the guests of Sen- Mrs. Perkins and will accom- Alaska about the 1sth of n, and them to Con- atives and Mrs. Henderson, gressman and Mrs. McPherscn are en route from New York. They will visit Benator and Mrs. Pérkins. e Mrs. John P. Irish and Miss Frances Irish are home after a few weeks' visit to their country place at Applegate. The Oakla afternoon street, The | will be discus nd Club will meet to-morrow 3 o'clock at 1119 Jefferson !rirt of “Vacation Schools” BERKELEY, July 10.—Miss Jessie Ger- trude Turner and Frederick Octavius Hurt were united in marriage last even- ing at the home of the bride's parents 2229 Dwight way. Rev. W. F. McClure of Truckee offictated. The bride gradu- ated from the University of California in '97. Mr. Hurt is the {xri\-mp secretary of the_manager of the Iron Mountain mine at Keswick. After a snort honeymoon the young couple will reside at Shasta. The we dul.(g of Miss Bertha Cushing snd W. J. Kuykendall took place thig evening at the home of Mrs. Barrows, 2028 Haste street. Only the inifmate friends cf the parties were present. Rev. J. R, Knodell of the Pilgrim Congregational Church of Oakland officiated. Jay Spang- ler was best man and Miss Iva Stll of Oakland bridesmaid, —_—— Health Officer for Haywards. OAKLAND, July 10.—The Board of Marian Agnes Touchard has been ap- raised by Burg A. Heron and ohn L. Bromley 8. It consists of railroad bonds, ca Alameda and Santa C) h and real estate in ra countles. Supervisors_this morning appointed Dr. G‘;g;‘e E. Reynolds of Haywards heult‘iu officer of Eden Township for sixty days. CANNOT INFORCE WATER RATES, BUT CAN EXAMINE THE BOOKS udge Hart Makes Two Very Important Orders in the Oakland Water-Rate Case, in Which the City Loses and Wins. Contra Costa Water Company Is Given Authority to Collect at 014 Rates James | iges, Kraft R.) ks, Thomas | i 3 ) Newark T lling_ place Lawren butlding—Ins Daniel T. Rose (D.); bal- lot clerk, Charles Cockifar (R.); judges, J. W Graham '(D.), O. P. Ingraham (R.); clerks, F. Fa'ky (D.), George Wales (R. Inspector, 1 ballot clerk, M. Borges (R.); judg Thane (D.), W. H. Ford (R.); clerks Briscoe (D.), Charles | ng place 1. 0. O. F. a (D.); ballot clerk, idges, A. W. Lassen OAKLAND, July 19.—The marriage of Mies Emma Morgan and Hart H. North took place this afternoon at the home of the bride's parents, Mr. and Mrs. C. B. Morgan, 754 Fourteenth street. The wed- ding was a qulet affair, owing to the seri- ous iliness of Mr. North's father. The | drawing room, where the wedding was celebrated, was tastefully decorated. The young couple were married beneath a trio of floral wedding bells. The bridegroom is United States Commissioner of Immi- gration at San Francisco, and has twice in | aker Henderson of the House of Rep- | From the Consumers, R R S T SY D Sy Plaintif’s motion for an injunction pending the trial of this actlon having heretofore been argued and submitted, 1 it appearing to the court that if the plain Il recover in this action and arable injury will be sustained by it unless an injunction be granted pending the trial ‘as herein- after provided, and It further appear- ing to the court that as a condition to the fssuance of said Injunctlon plaintitt should ute a bond and undertak- ing in the sum of $100,000, with two sureties, to the effect that plaintift will pay to'the defendants such damages & $100,000 as they may sus- 2 of ‘the {njunction, if the 1y decide that plaintift thereto, and further the court shall plaintiff was not en- netion that plaintift the city of Oakland and to Inhabitant of or rate-payer in the Oakland, any damages which @ e L e R ve e will pay to any city it, he or she may sustain, not exceeding .0 =aid sum of $100.000, by reason of plaint- iff collecting from It, him or her for water furnished to it,” him or her, any m ate in excess of the rates L 4 purported to be established by the or- & dt e described In this complaint. w, theref: it 1s hereby ordered . Upon the execution of & bond con- ditlc proved by a Judge of the Superior Court ned as herein provided, to be ap- of the State of California, in and for the county of Alameda, an injunction issue out of and under the seal of this court, enjoining and restraining the de- fendants, their agents, servants, at- torneys, officers and employes pending | the trfal of this case and until the | & further order of this court, from enfore- ing or causing to be enforced, or from In_anywise attempting to enforce the ordinance set forth and referred to in the complaint, which ordinance was passed to print on the 5th day of March, and finally passed on the 24th of . 190; and from enforcing or sing to be enforced, or In anywise pting to enforce the rates cr any to be established by said ordinance, enforcing or attempting to from in anywise causing to ed any forfelture of the plaint- anchise or works, for fallure or of plaintif to obey said pur- collecting rates atte: of the rates fixed or purported fix b e he peded s nance ar or indirectly ympel or require the . water to the eity > abftants at the { o1 or pretended ® 1o be fixed or established by said order. |4 To all of which defendants duly ex- n court, this 10th day of C. HART, Judge. e e e A R e T S S I = T SR SRS SO S ] s b i s eiebedte® . i Deiedebersbetei e @ > . HE Contra Costa Water Company's .pplication for an Injunction to rest n an enforcement of the water rates fixed for this year has been granted, as predicted by The Call, by Superior Judge Hart. The order, made to-d in effect, accord- ing to the water company's attorneys, wipes the present water rate ordinance off | the books. It leaves the city without a rate pending the trial and gives the water company the extraordinary privilege of charging any rate it shall please, without | payer. President J. H. T. Watkinson and Wil- liam J. Dingee of the water company de- clared as soon as Judge Hart had signed the order that they would immediately proceed to collect upon the rates of last ar's ordinance. They claimed flatly | that this ordinance was now in effect, be- cause the Injunction had swept aside, temporarily, at least, the rates over | which suit has been brought. The injunction, which has so sweeping an effect upon the ratepayers of Oakland, will stand un.i the final settlement of the litigation, unless the counsel for the city shall secure an immediate hearing on ap- peal to the Supreme Court and & favor- able opinion there. The first step to that end was taken by Attorney Hayne when he made an exception to the order, as €oon as Judge Hart had delivered his opinfon. That opinion is based almost en- tirely upon the affidavit of President J. ti, T. Watkinson, who quotes purported in- terviews with Councilmen bearing upon the manner of fixing the rates. Under the terms of the decision the or- dinance stands as an invalid and illegal law. Of course, 1is is only a one-sided | aspect of the situation. The injunction rests upon this phase of the case, how- ever, and it simply and plainly gives Into the hands of the Contra Costa Water Company all that the corporation has been trying to secure since this sult was brought. The water company was given a rate this year about 25 per cent lower than last year's figures. Its_suit is to annul this year's ordinance. That has already been accomplished by this lrguncllon pro- ceeding, and the rate-payefs apparently have no redress. The company will com- mence to coliect rates under the old ordi- nance to-morrow. The atiorneys for the city have not de- cided what move will next be made. The Cjty Attorney's office is of the opinion that the former ordinance lapsed of itself on June 30, and that the water company must wait until the sult is determined before it can collect rates. The order of restraint goes much fur- ther than to merely prevent the city from enforcing the lower rates. It specifically declares that Injunction is against inter- rates otherwise than as established by sajd ordinance. "The opinion of Judge Hart shows how effectively the water company has fas- tened itself upon the rate-payers of Oak- land. The very Ning sentence of the opinion says: is is a motion for an order pendlnfl the determination of this suit, and until the rendition of final judg- ment herein.” Judge Hart says: This application is based upon certain affl- davits and the pleadings in the case. It is alleged in the complaint, among other things, that the ordinance which s the subject of this Iitigation has fixed the maximum rates af which water must be furnished by the plaintiff to the city of Oakland and its inhabitants so low as to prevent the plaintiff from deriving a ressonable and just comvensation for the ) same. | that it is the duty of the court to grant an in- The answer denfes seriatim all the ma- terial allegations of the compiaint. It s con- tendea by the defendant that, where the answer denies all the equities of the complaint, the court_is not authorized to grant an order for an injunction pendente lite. On the other hand, it is claimed that where there is a show- ing, Independent of the pleadings, that & party will suffer irreparable {njury pending the de- termination of the questions involved in the litigation, unless the act complained of Is re- strained, It is not only within the power, but Jjunction pendente lite. It was also argued by counsel that the de- fendants were in no way concerned in the en- forcement of the terms of the ordinance, and | that; therefore, there is no occasion for any restiaining order against them: that the power and duty of the city ended with the passage of the ordinanc There Is no doubt of the correctness of the rule stated by counsel that, where the answer denles all the equities of the bill, there can be no injunction, except in cases of spectal cir- cumistances, or where an injunction is granted without notice upon the filing of a complaint, and an answer is afterward filed, denying all the equities of the complaint, that the !njunc- tion will be diesolved on moton. But where a sufficient showing by affidavit or otherwise is made, independent of the pleadings, the case does not come within the rule just stated. So far as the matters contained in affid file hereln are concerned, 1t the defendants e no counter showing, and rested their re- elstance to this application upon the pleadings and the sufficlency of said affidavits. The af- fdavit of J. H. T. Watkinson, president of the plaintiff. sets forth statements alieged to have bheen made over the signatures of ten members of the City Council, nine of whom voted for the ordinance In question, to the effect that the ordinance had been voted for and passed by sald Councll without any Investigation having been previously made of the reasonableness or unreasonableness of the rates fixed thereby. In other words, assuming the facts set forth in this affidavit to be true, which, for purposes of this motion I am of the opinion that I am com- pelled to do, In the absence of any countsr showing, the board arbitrarily fixed the rates Without any consideration of the rights of the Dlaintiff in the premises. It does not follow, however, that because no notice is necessary the board are for that rea- son excused from applying to corporations or individuals interested to obtain all Information necessary to enable it to act intelligently and fairly in the fixing of rates. This Is its plain duty and a fallure to make the proper effort to_procure all necessary information, from whatever source, may defeat its action. Both the corporation and the individuals furnishing the water, as well as the public who must pay for its use, are entitled to a careful and honest rt on the part of the board to obtain such rmation and to have it act accordingly. Valley Water Works, Respondent, va. a County of San Francisco et al., ap- pellants, 52 Cal., page 316.) As to the point that the city and its Counell re not enforcing the ordinance, an answer is und in the language of United States District Judge Welborn of the Southern District of Cal- ifornia_in his opinion in the case of Los An- geles City Water Company ve. City of Los Angeles, as follow: ‘It is idle to say that relief cannot be had iIn equity because th power And duty of the city ended wWith th passing of the ordinance and no effort is now being made by the city for its enforcement. The ordinance, by reason of the severe pains and penalties which apparently fortify it, is daily, hourly and momentarily enforcing itself. The defendants must elther submit to the tarms | of the ordinance or incur unusuaily onerous | interference by the city or by any rate- | ference with the company “for collecting | expenditures. It is reasonably certain thar if, | | with the ordinance standing, they were to un- D e e e e S S ———— (akland's Attorneys Can Go Through the Corporation’s Books, If They (an Find Any to Go Through. R e e e e e e ot ot o ot o The defendants’ motion for the in- spection and copies of plaintiff's books having come on regularly to be heard, and having been argued on both sides ‘and submitted to the court. and having been duly considered, it is or- dered that defendants’ said motion be granted in all respects as specified In defendants’ notice of motion flled in eald_cause on the 1ith day of June, A. D. 150, excepting only the first speci- fication of said notice of motion, and that eaid inspection and copies be made by the defendants’ expert ac- countants, W. A. M. Van Bookelen and J. C. Crandall, and be made between the hours of 9 a. m. and 1 p. m. and from 2 p. m. to 6 p. m. of each business day from the date of this order to the 10th day of September, 1900. E. C. HART, Judge of the Buperior Court, Presiding in Department Three. Dated July 10, A. D. 1300. o Sl ok o S e Sl o o T eve Deb b e ere > ei@® Qoo soebebeieteie® AKLAND, July 10.—If the Contra Costa Water Company has any rec- ords, books or accounts not in the ash plle, they are now open to the inspection of the city’s experts. Judge Hart to-day granted, as predicted by The Call, the motion of Attorney Hayne In that regard. The significant statement was made by Attorney McCutcheon, for the water company, that “such books as the company has would be produced’—a very significant remark. In granting permission to Inspect the books, Judge Hart saiu: As 1 stated from the bench on the day upon which this hearing was had, the show- ing_here made, considered in conmection with the allegations of the pleadings and the issues thereby made, cutficlent to authorize an order for an Inspection of the books, records and documents enumerated in the demand It is my opinion that the description of the books, etc., desired to be Inspected, Is as specific and accurate as it was in the power of the defendants to make in the moving papers; in fact, it would be Impossible to make a more definite descrintion. As’to the materiality of the records and accounts of which inspection is demanded, it seems clear to me—assuming, as I have a right to, from the very nature of things, that the plaintiff keeps books in which are recorded its transactions and the property of all kinds and description used in connec- tion with the operation of its business—that the issues in this case necessarily show that such books contain evidence that bears di- Tectly upon the questions to be determined in this cause. For instance, it is alleged that at one time there were two separate and distinct water companies competing against each other in the city of Oakland, s e b eieibeieieteie@® D SRSt o 2 oo o o ANTICIPATION AND REALIZATION REGARDING THE WATER COMPANY’'S BOOKS. D A N e = e S e S e E e e A e e o e e e o el o el g * Do eoeig | dertake the collection of rates in excess of those prescribed by the ordinance they would be re- sisted at every point by the consumers of wa- ter, and thus be driven to Innumerable actions at law, Hesldes, should they, in any instance, succeed in collecting, without an action, 8 higher rate than the ordinance prescribes, it is equally certain that they would thereby bring upon themselves protracted and heavy litigation, having for its object forfeiture of their entire eystem of works. Surely these in- | juries are irreparable. and actions at law, so s | far as from being adequate to the exigencl of the situation, are, as complainants in their brief forcibly put it, ‘mere mockeries of a remedy.’ "’ Judge Hart quoted Justice McKenna on | the question of a bond to protect rate- | pavers, and sald he had no doubt a prop- | erly conditioned bond would secure the consumers. He added: There is not the slightest doubt in my mind | about this; and, it being true, the rights of all parties to this litigation will certainly be am- ply protected by an order for a preliminary injunction. The equity presented by the uncon- tradicted affidavits unquestionably entitles plaintiff to this temporary relief. It does not necessarily follow, how that the state- ments alleged in the affidavit of Watkinson to have heen made by the members of the sald Council are true. They may be successfully controverted at the trial; but, as 1 have here- tofore said, standing unimpeached by counter- affidavite in this interlocutory proceeding, the showing is, In my opinion, clearly sufficient to warrant the action of the court. Attorney Hayne insisted upon a $100,000 nd, but not until a squabble with At- torneys Moore and McCutcheon as to the amount_was his figure accepted by the court. The injunction goes into effect as soon as the water company's sureties have been approved. LITTLE GIRL IS HORRIBLY BURNED BERKELEY, July 10.—Theresa Maren- go, the 6-year-old daughter of Simon Ma- rengo of 2216 Sixth street, is inh a danger- ous condition resulting from injuries she recelved last week. On the Fourth ot July, while playing with some powder It exploded and the flames ignited the cloth- ing of the child. Before assistance could be called the flames enveloped her body, s burning off all her clothes, singeing her hair and scorching her face. The child's body was badly blistered, the skin in lades peeling off with the burned cloth- hg. She may not survive the shock. i TAX ROLLS FOR THE YEAR ARE COMPLETED OAKLAND, July 10.—The tax rolls of the county of Alameda’ for the present year have been completed and most of the books have been turned over to the Board of Supervisors by the County As- sessor. The recapitulation of the assess- ment figures will not be completed until to-morrow, but it is certain that the as- sessments will be at least $2,000,000 more than last year. There is no decrease in the corporation assessments. Davis Irregularly Retained. OAKLAND, July 10.—Attorney Willlam R. Davis was not legally retained as spe- cial counsel in the suit of the county of Alameda against Assessor Henry P. i:)u. ton for the collection of alleged withheld poll tax commissions. There was a vote of three out of five Supervisors, while the law requires a two-thirds vote before such action can be taken. . to wit: The plaintiff herein and the Oak- land Water Company: that, after a spirited competition for some time, & combination wag_ effected between them, that Is, the Oakland Water Company was merged in:o the Contra Costa Water Company. An important question arises here. It is incumbent upon the plaintiff to show, ¥y a satisfactory preponderance of evidence, that all the property to which it refers in Js complaint is essential for the supplying of water to the city of Oakland and its inhabitants, etc. If it shouldthus fail to show that it was incapable of supplying the city and Its inhabitants with water independent of the Oakland Water Company's plant. etc.. then, in that event, the latter could not be considered as one of the elements upon which the measure of compensation should be based Tt will thus be seen that it is guite mate- rial to the case that all of the facts which may be contained in any books, documents, ete., of the plaintiff which relate to its property, its capacity to furnish water pre- vious to Its consolidation with the Oakland Water Company and Its capacity stnce, and all other matters throwing any light upon jts facilities for transacting the business for which it was organized are indeed very material not only to the issues generally but to_the defense of the suit Tt is unnecessary to take up serjatim the numerous specifications contained in the moving papers, but it Is sufficient to say that a careful examination of the plead ings and the specifications convinces me that the defendants should be accorded the right to examine not only the books containing the receipts, showing the revenue derived, the books containing the aperating expenses, the books containing the cost of construc- tion, etc., but also any and all other books which may disclose the actual amount of property of all kinds and the uses to which it has been put referred to in the complaint as constituting the plant of plaintiff. WONG FAMILY HONOR THEIR DEAD “COUSINS” The annual requiem service for the dead of the Wong family was held in China- town last evening. The ceremonies were elaborate and the principal feature was a gorgeous street parade, in which robed priests and children in fancy garments participated. The line of march was past several places where the members of the Wong family had congregated to do honor to their dead. After the jossnouses had been visited the mourners repaired to a restaurant, where a sumptuous banquet was served. e Kitty Turner Arraigned. Kitty Turner ‘was arraigned in Judge Conlan's court yesterday on the charge gt assault to murder for stabbing James Turner, her pseudo husband, in the Topic saloon, 282 O'Fari ing. The case.wds contintied till to-mor- row. Turner is improving at the French Hospital. Leon Franks, proprietor of the Tople saloon, called upon Chief Sullivan esterday and handed to him the dirk Knife and revolver which Turner had in his pockets when the fight commenced. He explained that his bartender found them and hid them till vesterday. —— Toland Appeal Dismissed. The Supreme Court has reversed the judgment of the lower court in the case | have signed it in the presence of of Hugo Huger Toland against Mary J. Earl et al., with directions to the court below (o dismiss the action. Toland asked to have the Probate Court instructed as :31 I%he distribution of the estate under the is no reason why Jud; in equity to instruct bate what the maker of should be done with his estate. & | followed the installation ceremonies. The 11 street, Sunday morn- | HIE DESTRONED BY A SHOT FRON A TOV PISTOL Serious Injury to Thirteen- Year-0ld Boy Inflicted by a Playmate. | PRGOS Arthur Kiel Loses the Sight of Ona Optic—The Other Is Affect- ed but May Be Saved. Oakland Office San Franeisco Call, 1118 Broadway, July 10. Loss of sight of one eye, with the other optic in danger, is the result of a tc pistol accident on July 4 to Arthur Kiel, 13 years old, the son of C. E. Kiel, resid- 1n§ at 671 Thirty-sixth street. ‘he injured = boy s playing with Charles Burke and FEugene Lancaster, lads about his own age, at his home. The Burke youth had a cap pistol, and {t was the discharge of this apparently harm- less weapon which caused the serfous ac- cident to young Kiel. Burke exploded a cap while pointing the little weapon at Kiel. A flashing it of the paper wad- ding blew into Kiel's right eye with such force that it penetrated the eyeball Dr. Brinckerhoff was called t the injured lad and removed the @ tion, but it is believed that the inj the delicate organ is so ser sight has been permanent 2 The other eve has been affected sympa- thetically, but there is no grave fear that the sight will be lost. The occurrence was purely accidental, | yet its serious result has caused much Qistress to the parents of the boys in- volved. CARMEN INSTALL THEIR OFFICERS Objects of Organization Are Set Forth by the Past President. e St St ot e ot ] L SISt Sdn s e e o o o T ) 3. Q@+ eo et e beieiebeg ‘W. GILLOGLY. D g AKLAND, July 10.—The bellpunch and motorbar were put aside for several hours last evening by sev- eral hundred members of the Car- ‘men’s Social and Benevolent Soci- ety. who went to assist in the installation of officers of that growing organization at Gler's Hall. Refreshments and dancing officers installed are: J. W. Gillogly, eorge McHale, euperintendent; W. ins, foreman: George Brown, conductor; Willlam Kreuger, inside doorkeeper: R. O. W utside door- keeper: George Cornell. recel J. W. Smith, treasurer; Danfel Hughes, secret: The following statement of J. W. Gil- logly, who was instrumental in organiz- | ing the society and has served two terms | as president, explains its alms and pur- poses: MYSTERIOUS AX MAN ABROAD IA OAKLAND AGAIN Great Excitement in Lake- side District Aroused in Consequence. —_— Two Chinese Servants Meet Armed Prowler and Startle Neighbor- hood and Attract Police by Their Outcries. BEIER% h Oakland Office San Francisco Call, adway walks in front of the dence re R. Allen, the wholesale coal merch the somthwest corner of Lake ar treets. The place is in Lakeside district, and the si el t ments of mystery about ly recall the strange episode that created no end of excitement at the same house some months ago. It is suspected that the mysterious ax- wielder who made a murderous attack at this same place upon Henry K. Belden the prominent insurance man, is again broad in the land, and has s. her str assault this sar ity. Who the man with the ax police have never been able to disco They have additional reason to w over the exciting circumstances of counter which occurred at midnig night at the Allen residence. A company of Chinese house servants, two of whom are employed by the Allens, were returning from a trip to Chinatown. Shortly before midnight they separated, the Allen servants leaving their compan- fon on Oak street just below the corner of Lake. They then started to enter the house and go to bed when onme of them espied a moving figure in the shadowy light from an electric lamp across the way. The figure was that of a man. He was carrying what appeared to resemble an ax. As the two Chinese walked up the side entrance to the house they were seen by the mysterious prowler, who suddenly turned away from the door and ran toward them. The startled Mongols fled, instead of trying to get into the house They alarmed the police by their cries, but the Intruder had disappeared with his weapon before any of the posse of blue-coats were at hand. The frightened servants were sent home last under police escort after they had run several blocks from the house. A close search of the neighborhood mad but no trace of the mysterfous ax ecar- rier was found. It was belleved he had made his way through the thick unde: growth and trees along the edges of Lake Merritt, the banks of which run along the opposite side of the street from the All residence. The police are nonplussed the incident. The Allens are equally in the dark concerning the strange visitor and the Lakeside district is agog with ex- citement over the supposed reappearance of this uncanny “man with the ax.'" The Allen residence is isolated. It Is one of the most attractive places in the ex- clustve fashionable section of the city. Much prominence has been given to the locality becausc of the strange midnigh Belden episod. after that oe- curred the Beldens gave up the home which they had beautified at no little out. lay. It has been occupied by the All for nearly a ye r occurrence, and at the desire of the Al- lens, an armed watchman has been sta- Because of last night’s tioned there to surprise and capture the unknown should he make another visit to the place. Policeman Schumer, who has b working on the case, stated to-night t he was satisfled that e man who tacked the Allen residence answers description of the mysterious the ax who attacked months ago. CONTINUANCE GRANTED IN MERRITT CASE Oakland Office San Francisco Call, a the man_with the house several 1118 Broadway, July 10. An early hearing of Horace W. Phil- brook’s application to be appemnted guardian of the Merritt children was de- nied this morning by Judge Ellsworth a point thns being scored against Horac V. Philbrook. Philbrook opposed a con- tinuance, and when he saw that it was inevitable urged that the cases be set for as early a date as possible. There was considerable legal sparring before Attor- ney Emil Nusbaumer was successful in his motion for a continuance. When the application for guardianship of the Merritt children was called by nt Society | 500 men, ail The Carmen’s Soctal and Ben includes in Its membership nearly conductors and motormen _employed lines of the street car companies of County. The soclety was organized two years ago last February by eight or ten street car men, who constituted the nucleus for what since developed into one of the most influential social and beneficlal societies in It has been a godsend to scores of men work- ing on the cars. It has relieved the wants of many wives and_children. It has given men protection. In cases of or de: among them it has paid their doctor's bil or_given them fitting burial. The carmen have been drawn into closer fel- lowship through the society. Harmony pre- vails where formerly there was discord. Men have been helpedl into positions. They have confidence in themselves. Weekly meetings are held where the men gather to transact their business and enjoy a social hour or two, free from evil influence and associates. For the nominal sum of 50 cents a month a member is entitled to a $§ weekly stck benefit. The death benefit is $75. In case the amount allowed by the laws of the soclety is not sufficlent to relleve a member from distress he is voted an additional sum. In a financial way the socfety has been ex- ceptionally fortunate, having on hand at pras- ent a large surplus. It is the purpose to ercct a building in the near future. If the public is as ;'beral In the patronage of the soclety's balls and entertalnments in the future as it has been in the past, it is only a question of a short time when the scheme will be realized. The watchwords of the soclety are charity and unity and it is the endeavor of the mem- bers to live up to them. Each member wears a button with an embossed car upon it in the lapel of his coat. The officers of the Oakland Transit Company have shown their good will toward the society by alding it in ite various undertakings. SAYS BROTHFR-IN-LAW BETRAYED HIS TRUST Mrs. M. A. Clancy Wants Timothy J. Clancy Arrested on a Charge of Forgery. Mrs. M. A. Clancy, %30'%; Mission street, swore to a compiaint in Judge Conlan's court yesterday for the arrest of Tim- othy J. Clancy, her brother-in-law, on the charge of forgery. He is believed to be in the neighborhcod of Sausalito, and the authorities there were asked to arrest im. Mrs. Clancy was left considerable prop- erty by her father, and she allow her brother-in-law to look after it. He ob- tained a number of chattel mortgages in her name, but becoming iInvolved in civil suits it is alleged that he forged her name e to releases of chattel mortgages, using the money for his own purposes. The particular offense of which he is accusod 18 that of forging her name fo a deed to a lot on the Bernal Rancho, given to R. J. Graf, a clerk for Jake Rauer, the consideration being $10. The transfer was made on July 6 _and the peculiar thing about it is that Mrs. Claney is alleged to ugene Levy, notary public in the Mills building. Walter Walters Held. Walter Walters, who was arrested in The Supreme Court holds that there | Santa. Rosa for having in his possession Coffey should sit | molds for the makin; udge Coffer in pro- | els, was held yeste: he will intended | Court Commissioner of counterfeit nick- lfi by United States eacock to appear before the United States Grand Jury. on’ the | Alameda | the State. | Judge Elisworth this morning Attorney W. B. Boseley stated that he appeared as the representative of Frederick A. Merr: and his children. He said that he had | been served on June 18 with a notice that an amended petition for guardianship would be filed, but not until yesterday afternoon was he handed a copy of the amended petition. The petition, he de | clared, was a voluminous doeument, con- taining much scandalous and immaterial matter, to which he had not had time to | prepare an answer. He asked for a con- tinuance on these grounds. | 'Before passing upon Attorney Boseley’s | request Judge Ellsworth wanted to know if the agpllrntinn for the guardianship of James P. Merritt _could not be heard at the same time. Philbrook said nay, | there were separate issues involved. Here Attorney Emil Nusbaumer | posed, saying: | "“Mr. Frick and T appear on behall of James P. Merritt and his two minor chil- dren. Our position Is the same as that ¢ Mr. Boseley. Some time ago I was serve with a copy of an amended petition, but differed from that flled Saturday. I had prepared an answer to the document left with me, but have not had time to answer the one filed.” “How 1s It, Mr. Philbrook, that there are two amended petitions?’ asked the court. In explanation Philbrook stated that when he served Attorney Nusbaumer with the amended petition he was prepared to | 0 on with the e, but sigce then he had secured additional information and had made some changes in the petition. Judge Ellsworth remarked that it was not unreasonable to ask for a continuance, as Attorney Nusbaumer could not be ex ected to prepare am answer to such a engthy document within two days. Con- sidering the bulk of the document, he =aid, it must contain a great amount of imma- terfal matter. “1 think it no more than right that this case should go over until after the sum- mer vacation,” sald Nusbaumer. “Grave charges_are made against my partner, George W. Reed, and 1 think he should be given an opportunity to answer these scandalous accusations.” | ““He has had plenty of time to answer.” | retorted Philbrook. “I have served him | with a subpoena requiring him to appear in this case.” “You served him on the eve of Lis de arture for the East,” answered Attorney Nusbaumer. The argument was shortened by Judge Ellsworth, who continued the hearing of both petitions until July 31. The court de. ?navurmnt the attorneys for the accused | were certainly entitled to time to answer the charges made against them. as inter- Grades on Silver Heights. The Board of Public Works recomme: ed to the Board of Supervisors yesterday that the grades on the streets in the loeal- ity known as Silver Heights be estab- lished according to specifications prepared by the City Engineer. Action on the rec- mendation will be taken at next Mon- day’'s meeting sfter an Investigation has been made by the Street Committee. —_——— LATE SHIPPING INTELLIGENCE. SAILED. aay. Stmr Rival, Johneon. L‘nn‘l‘.‘unn:: .- ap stmr Nippon Maru. Allen, Hongkong, via Yokahama and Honolulu.