The Recorder from San Francisco, California on December 4, 1928 · 1
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The Recorder from San Francisco, California · 1

San Francisco, California
Issue Date:
Tuesday, December 4, 1928
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tr-fanmi'i few Suits Probate Flags Etc I A K i U S DISTRICT COURT NEW SUITS Filed December 3 1928 Division Two -Bankruptcy 17649 3 In Te Lee Hoover of Watsonville wage earner debts $480 assets SoOO claimed exempt J A Hall 17660 K In re W N Patterson of Santa Cruz eggs debts $65001 assets $10QO claimed exempt Milt Coghlan (Schedules Filed) 17564 K In re Aaron Cohn debts $16 003 assets $13020 claimed exempt $10050 L H Shapiro Division Three Equity 2244 S Gill Virden Co v Thomas Day Co to appoint receiver Arthur Dunn Jr 19666 s u S v Nash Auto etc forfeiture U S Attorney SUPERIOR COURT ASSIGNMENTS OF ACTIONS Filed D$c 1 assigned Dec 3 1928 Probate 51485 Dp 10 51486 Dp 10 51487 Dp 10 51488 Dp 9 51489 Dp 9 NEW SUITS Civil Filed November 20 1928 201658 Sherman Clay & Co v Gene Florentine book account $489 att to S F Cross & Brandt 201664 C I T Corp v L S Whetstone contract $816 att to Alameda G J Irwm 201678 N S Husman v Fred C Halmos services $350 att to 6 F R M Lvman Jr 201688 Traders Credit Corp v G E Hil-dreth et al goods $337 att to San Joa-' quin B B Stimmel I Filed November 22 1928 W737 Wm H Scanlon v Samuel J Jones as admr etc quiet tltte NW 28th av and Irving N 27 x W 70 W 8 Downing 201742 In re Bernard Levy minor petn to comp claim F B Thompson 201743 In re Gustave Levy minor same Filed December 3 1928 202068 Theresa M Albert v Jav O Albert dUorce extreme cruelty Liilick Olson & Graham 202069 Mary Emery v Selma E Lewis et ai damages pers injuries $26972 Same 202070 Ethel Emery v Same same $2020 8ame 202071 E C Denigan v Wm A Carrick et al unlawful detainer $420 F A Flynn 202072 Attachment 202073 Henry Bacher v S Caro as admr etc quiet title NW Kisling 92-6 NE 11th NE 22-6 x NW 70 Cross & Brandt 202074 Hizer Collier v City and County of S F damages pers injuries $60000 G J Steiger 202075 Attachment 202076 Mary C Sundberg v Carl J Sund-tterg dnorce extreme cruelty W McGovern 202077 Austin D Graham etc v Margucrita L Graham annulment of marriage L R Friedman 202078 Clarabell P Westermark v Ernest V Watermark divorce uilful desertion Anderson & Johnson 202079 Ivan R Bean v Ada J Wright ct al prom note $32500 L Ferrari T J Bricca and C H White 202080 Same v Rodolfo Del Bono et al same 118000 Same 303081 Missing 202082 Joseph A Kitts et al v Bessie - Cooley et al mech lien NE Haight and Broderick N 112-6 x E 47-6 $102 C W Kitts 202083 Same v Edna B Stcmpel et al same W Scott 70 N Hayes N 67-6 x W 100 $96 Same 202084 Lillian F Hall v Harold H Hall divorce extreme cruelty H I Stafford 202085 T I Fitzpatrick as exr etc v Hazelwood Winter ct al quiet title pers property R 0 Williamson 202086 Attachment 2020R7 Attachment 202088 Adolph M Schwarz Inc v Thomas Day Co et al on agreement $413 T Conlon and A S Goldman 202089 Ray L Rilev etc v Anna M Ohmcn petn to determine inheritance tux A W Brouillrt and W U Walsh 202090 Same v Dollar Saving & Trust Co et al same A W Broulllct and L C Lennon 202091 Chris A Hansen v Marie Hansen divorce extreme cruelty J D Harloe 202092 Inger M Petersen et al v Eric Lvders monev had and received $475 Morrison Hnhfcld Forester Shuman & Clark 202093 Hans W Klaertingo et al v Same same $2600 Same 202064 Anne M Hansen et al V 6ame same 112000 Same 03095 Anne M Hansen St si 52095 Anne M Hansen et si v Same vamp $4500 Same 202096 Nells Nielsen ct si y Same same Same 302097 Martin Brande v City and County of S F damages pers injuries $33000 C H Fish 202096 Application of Neal Cataruzl for change of name to Neal Calaiuzi Williams J P Fallon 202099 Application of Louis Cataruzi for change of name to Louis Cataruzi Williams Same 202100 Nellie P Edwards v Wm M Edwards divorce habitual Intemperance W J Walsh 202101 Mack-Inti Motor Truck Corp v F J White et al on contract bond $1130 Thomas Beedy Presley it Paramore 202102 Attachment 202103 W G Welt et al v Market St Ry Co damages pers injuries $1500 J M Wallace 202104 Samuel Salinger v Harry G Irwin et al on contract $500 F D Brown 202105 Attachment 202106 Attachment 202107 Missing 20210RMarla Zuffo v Juan Zuflo ditorce cruelty Crawford 6c Stahl 202109 Attachment 202110 N R Oordan v Anna M Knox pers inluries $10105 A M Moore 202111 A Botti et a) v Pig n Whistle Co damages $2000 Pardini A Scampini 202112 Application of Northern Cal Baptist Convention for leave to mortgage NE Geary and 21st av E 65 X N 100 Gavlord A Smith 202113 Earle Alexander v Ed Hirschfcldcr et al contract $25000 Monroe Friedman and H H Desky 202114 Verona Erdman v Paul Erdman divorce neglect S T Hogevoll 202115 L D Htrschfeld et al v Arthur B Dunne money $3352 30 Goldman A Altman 202116Franlc Ponce etc v Hickman Produce Co comp claim Hubbard A Hubbard 202117 Joseph Estate Co v Esther Wel-tm unlawful detainer 1100 Knight Boland A Christ in 2021 IS Mary G Smith et al v Edgar N Van Bergen quiet title 120 B Union no W Scott W 27-8 e 17-fi E 27-6 N 17-6 H E Monroe 2021 19 Attachment 202120 Bank of America of California v Ruth Paul ct al prom note $10j9 Keyes A Erskine Probate w 61490 Jane Johnson let of adm petn of W F P Webster estate unknown hearing w Dec 18 In p p ti 51401 Thomas P Ford alias pro of will EUGENE J KERRIGAN CoafldenUal Investigations for Attorneys MILLS BUILDING Garfield 1858 GEORGE J HENRY Registered Patent Attorney Expert assistance) in difficult mechanical eltx trkal and chemical cases V fc and forebm patent! 605606 Crocker Building Rhone Kearny 616D FOR SALE BY ESTATE Cellfornl Reports 200 volume California App Report 63 volume Two acta Korr'a Cal Digest Reply to The Recorder 337 Bush fit Box No 309 petn of Catherine Ford estate under 10000 hearing Dec 18 R D Williamson 51492 Johan F PerJe alias pro of will petn of Anna M Thomas estate under $10000 hearing Dec 18 W U Wahh 51493 Rebecca Aaron pro of will petn of Oscar Aaron estate over $10000 hearing Dec 18 W R Twamley 51494 Mary A Bnckett alias special letter of adm petn of G A Stockfieth estate unknown no date set Sullivan & Sullivan and T J Roche 51495 Dept 9 Emil N Thomas alias pro of will petn of J H Thomas estate about $10000 hearing Dec 17 E M Leonard 51496 George W Allison pro of will petn of D C Barrett estate over $10000 hearing Dec 18 Barrett & Barrett 51497 Burt Black let of adm petn of Ethel M Black estate under $10000 hearing Dec 18 T M Gannon 51498 Dept 10 Elizabeth McGrath inempt let of gdp petn of Mamie Seaberg estate unknown hearing Dec 14 Kington & Cunningham 51499 Giovanni Zolezzi alias let of adm petn of Bank of America estate unknown hearing Dec 18 Keyes & Erskine INCORPORATIONS Filed December 3 1928 25470 Lubbock Detective Agency cap stk $5000 shs $100 ea subs loOOO directors Louis A Lawson Elbert P Nash and Mrs Rose E Lubbock 16 23 shs ea place of business 8 F 25471 The Grasselli Chemical Co certified copy of articles (Delaware) C H Grant-land 25472 Sho Wa Low cap stk $50 000 shs $10 ea subs $150 directors E T Auma Ighiro Kataoka Jinnosuke Kikugawa and four others 2 shs ea place of busi ness 8 F Saburo Kirio COPARTNERSHIPS Filed December 3 1928 12522 Amedeo Teldeschi Pietro Menicucci Giro Alchumsti Martino and Domenico Fabrt Giuseppe Talenti Ersilio Silvestri Filipo and Gino Graziani Raffaelo Grass! and Adamo Rossi as Florence Art Co 1401 Folsom st J J Mazza 12523 Charlotte Attell as Attells Jewel Box 1203 Fillmore st ACTION TO ESTABLISH TITLE Filed December 3 1928 39837 J L Mathis et ux plffs E Steven son 210 N Duboce av N 22 x E 77-6 1 Karmcl JUDGMENTS (Filed with County Clerk NOT LIENS on real estate under Section 6?4 Code of Civil Procedure) 184154 American Surety Co of N Y V Matthew Rinaldi costs 190321 Eisert Foster A Eiscrt v Rosario Paratore $2250 201587 Golden West C A A Co v C W Tabler as Progressive Pharmacy $447 50 187106 Dorothy C Sawvelle v Carl F Saw-velic decree of divorce 201R47 Geo J Miller r Charles Relyca $953 72 201564 Golden West C A A Co v Bertel Syvertsen $521 04 181990 Louis H Barnes v Ruth Manno and Louise Manno $2940 50 184352 Bella R Hebei v Emil A Hcbcl decree of divorce 201694 Ethel M Smith v Charles F Smith inti decree of divorce 201771 L Murray v W Murray same 198567 Espetanza Flores v Francisco J Flores same $50 per month 201388 Elma Hill v Clarence Hill inti decree of divoice 195861 Julia Chili v Alfred Chill same $50 per month 188256 Silvio Nieri v Mrs J M Wheaton $555 90 140009 Wm C Knox v Elite Grill Theodore P Papandrean and Gust A Stallos $150 141863 Fred Goss v Perry T Fujit Frank K Shibata and Harry N Nagata as Pacific Motor Co $772 30 9648 JC H Weiss v C J Wilson costs 176763 Lela Carr v C E Wilson $480 45 172864 B B Stimmel V 8 L Locke $382 64 199632 Traders Credit Corp v C L Domini $313 Id 201513 A H' Sepanek v Joe Yee and Leonard Yee S442 aO 201043 F Lee Dixon v Hind Co Inc and Guar Mortgage Co $916 179446 Mary C Britchcr v Charles W Britcher decree of divorce 187173 Pauline Sarver v Sam Sarver same 183615 EvcUn Munroe v Glen M Munroe same 183821 Marie Rasmussen v James Rasmus sen same 184693 Catherine D Jewett y Wm T Jewett same 186801 Dorothy E Haskell v Edwin T Haskell same 187923 John Burt v Mary Burr decree of divorce 184969 Lucian J Wright v Marion M Wright same Lula Pounds v Richard Pounds 8a me 184364AnRoIo and Amelia Petri v Otto F Husler individually and as The Wrought lion Shoppe costs i 198752 Golden West C A A Co v Amelia Devencenzi $472 04 160227 Patrick Hannon Kat Hannon and Alma M Mvers v Anna L and B W Demands quiet title costs 193452 Hugh Donegan v H C and Bessie Cooley R J and Edna B Stempel $350 182808 B J Ce&aua v Angelo Petri $500 (Recorded with County Recorder LIENS on real estate under Section 674 Code of Civil Procedure) Dec 3 28 Frank O Johnstone May Johnstone and Hany Levinson debtors Anglo-Califorma Trust Co creditor iNo 175286 Superior Couit City and County of S Ft -Judgment for $7134 22 (Docketed Nov 24 28 1 ENTRIES IN ORDER BOOK 301716 Fain v Fain default 1Q912 Traders etc v Domini Judgment !7264 Stimmel v Locke judgment 187923 Burr v Burr final decree 181615 Munroe v Munroe same ?nn99 Ford v Ford default 201267 Bov ce v Bovcc default 182808 Cesana v Petl judgment 1 R6601 Haskell v Haskell final decree 190321 Eisert v Paratore Judgment 18821 Rasmussen v Rasmussen final dec 184693 Jewett v Jewett same 126763 Carr v Wilson judgment 107705 Beck v Beck default 179446-Britchcr v Britcher final decree 187173 Sarver v Server same 201647 Miller v Rolvea judgment 1708J3 Wolfe v Middlecamp execution 184623 In re Golden Gate judgment J 97888 Anglo v Friedman dls 184'ih4 Hosier v Petn Judgment 201362 Fernandez v Fernandez default 201 )87 Golden West v Tabler Judgment 200909 Brown v Gardner trans 18664 Farber v Flynn order 188256 Nieri v Wheaton judgment 141863 Goss v Mural judgment 187106 Sawvelle v Sawvelle final decree 108752 Golden West v Devencenzi ludgt 201771 Muirav v Murray lntl decree 201513 Sepanek v Fee judgment 104416 g f Bank v Keatino decree 195861 Cheli v Chell inti decree 198067 Flores V Flores inti decree 187789 Pounds v Pounds final decree 201043 Dixon v Hurd Co judgmeut 201753 In re Morris decree 201388 Hill v Hill mtl decree 202081 Ruelas v Guiliaml order 201514 Zicrr v Ztcrcr annulment " f LAW BOOKS HARRY B LAKE Representing BENDER-MOSS CO law Book Publisher Phone: LnderbiU 9673 CARLOS P GRIFFIN Attorney at Law Formerly Examiner II 8 Patent Office j 8 and Foreign Patent and Trade Marks 304-5-6 Flatiron Building butter and Market Streets istabtifthed In Man praneHeo 23 years Phone hatter 6813 PATENTS TRADE MARKS LINCOLN V JOHNSON Registered Patent Attorney 1645 RUSS BUILDING Phone: Sutter S727 VOL LVI No 126 Lawyers and the Law items of Interest to the Legal Profession The Recorder will wetcoma short items concerning lawyers and the law for publication In this column Personal Items notes of recent cases and rulings will be particularly acceptable Want Full-Time Juvenile Judge A full-time judge for the Juvenile Court will be asked by a committee of the Second District California Confess of Parents and Teachers it was announced yesterday by the congress The committee which is to call on the Bar Association of San Francisco will be made up of Mrs Bailies C Clark president of the Second District Mrs K T Ehclebcn Mrs J Robert and Mrs Alexander Johnson Oldest V C Alumnus Dead Lowell J Hardy 84 oldest alumnus of the University of California who died rccentlv was graduated ultli the third class of the university when it was in Oakland and was known as the California College His was the class of 66 After graduation Hardy went to Harvard Law School Returning to Oakland he specialized in probate practice He had been president of the Oakland Library board and was ariously a member of the State Assembly of tho old Oakland City Council and of the Oakland Board of Education Surviving are two sons Lowell B Hardv and George M Hardy and a daughter Mrs Estelle L Jacob j Philippines Corporation Law WASHINGTON Deo 3 The enactment of a corporation law by the Philippine Legislature was one of the most outstanding accomplishments of the session according to a report to the War Department from Governor General Stimson Tills was the firat legislation of this nature to bo en-a ted in the Philippines and its consideration aroused great interest thru-out the island where it was first feared that the bill might be used as a means of evading the policy of the land laws Upheld ST PAUL Minn Dec 3 Minnesota's habitual criminal act adopted by the 1927 Legislature an adaptation of the B&umcs law of New York has been upheld as constitutional by the state Supreme Court The law aimed directly at the habitual criminal or repeater' had been attacked in appeals from two Minnesota counties Will Appeal LITTLE ROCK Ark Dec 3 Charles Smith of New York atheibt leader convicted for the second time shire his arrival in Arkansas for possessing literature In opposition to the 9640 JC Wilson v WHa Judgment 2C1694 Smith v Smith inti decree 200894 In re Mlnctti decree 160227 Hannon v Demarlas judgment 201581 Russ v Davis writ of possn 186907 Scott v Black Bear natfn Judgt 181990 Barnes v Manno Judgment 201564 Golden West v Syvester judgment 200706 Genera! Motor v Hopkins default 197656 Crosley v Freed dig 184352 Hebei v Hebei final decree 200935 Standard v Stout execution 192170 Greene v Romano Judgment 153474 Tobin v Rosenbaum exn 201748 Lauritson v Barber default 189532 Rasenfeld v Savre dls 17790J Einifeld v Ein&fcld dls 19904o Holmgren v Rainey default POSTING CLERKS NOTICES Department Nina December 13 48011 Niva Laiosa alias mtge real 43955 Michael J Carr sett of acct December 17 51477 Harry L Edwards let of adm 48925 Ida Breenbaum sett of acct and dist 37510 Clara Mcntzel alias sett of acct 50922 Nicholas Laschenco to set aside estate December 18 51439 Ralph D Parker alias gen and spl let of adm Department Ten December 13 50063 Catherine Foster sett aect and dist 48557 Librada Avalos sett of acct and dist December 17 51398 George A Connolly let of adm will anxd of THE SAN FRANCISCO BANK SAVINGS COMMERCIAL INCORPORATED FEBRUARY tOTH ISSS One of the Oldest Banks in California the Assets of which have never been increased by mergers or consolidations with other Banks MEMBER ASSOCIATED SAVINGS BANKS OF SAN FRANCISCO 526 California Street San Francisco Cal JUNE 30th 1923 Assets $11861548157 Capital Reserve end Contingent Funds 500000000 Pension Fund over $61000000 standing on Books at 100 MISSION BRANCH Mtoion ml 2 Stw PARK-PRESIDIO BRANCH Cltmsnt SL ni 7th Avr HAIGHT STREET BRANCH Hmhi nd BelvrHtw Strwi WEST PORTAL BRANCH Wen Pond Ave nd UUo St Interest paid on Deposits at the rate of -FOUR AND ONE-QUARTER (4l) per cent per annum COMPUTED MONTHLY and COMPOUNDED QUARTERLY AND MAY BB WITHDRAWN QUARTERLY PHIL C KATZ Tublic Administrator HENRY F BOYEN Attorney at Law PHELAN BUILDING Rooms 918 to 926 Telephone Sutter 0341 EIGHT PAGES Congress Short Session Opened Adjournment Taken in Respect to Members Who Died During Recess WASHINGTON Dec 3 Tile short sefefcion of the 70th Congress met for an hour today devoting its time to formalities incident to an opening day and adjourned out of respect for members who have died during the recess Ihe Senate adjourned shortly after it met at noon and the House quit at 1 p m After the House roll call which showed 374 members present seven new ones were sworn in to serve out unexpired terms They were La Fayette L Patterson of Alabama anJ John W McCormack of Massachusetts Democrats and Earl W Vincent Iowa Richard B Wigglcsworth Massachusetts Francis 1 Oulkin New York Robert R Butler Oregon and James Wolfenden Pennsylvania Republicans Committees then were appointed to notify the President and the Senate that the House was in session and after resolutions of regie t over the deaths of several members were adopted the House adjourned after being in session one hour Then the membership went to their offices to prepare as did the Senators for the trying task ahead (Continued on Pane Elaht) CLAIMS AGAINST U S TWO BILLIONS WASHINGTON Doc 3 The I'nited States Court of Claims began its new term yesterday having Ivefore it claims involving nearly $2000000000 against the government most of them being tax eases and cases arising out of the United States parth ipation in the World War The docket of' the court has increased from 733 cases involving $197-316447 July 1 1927 to 2434 eases involving $1959693308 September 23 1928 They imludo actions for requisition of ships and railroads transportation of troops contracts of almost every nature appropriations of campsites and naval bases and othcis widely diversified in nature iccently ratified anti-evolution measure is free on bond of $1000 and announces 1m will appeal his case thru to the United States Supreme Court Smiths second conviction was for violation of a statute against blasphemy said to have been handed down from common law and one of the oldest measures in the slate rode 49155 Maria Hoffmann sett of acct and dist 51480 Leo V Gaffney lot of adm December 18 51458 Nora Hurley let of adm 50039 Leonora Ernestine Behlen-dorff sett of acct and dist 51487 Stephen W Gordon let of adm 51483 Secondina Conrotto let of adm ' December 19 18688 David J Aiata Inc sett of acct JUSTICES CLERK'S OFHCE The assignment ef suits filed In the Justices Clerk's office is noted as follows: D Frank T Deasyi Do Frank W Dunn H Isadora IDrrisi K Cornelius W Kelly P Tbos F Prendergast y NEW SUITS Filed December 1 1928 I6246 Da Att to 8 F 162247 H William Crow v Viretl Hawley ct al damages $299 M F Welch 162248 K Carlo Franzoia v J F Fralin et al rent $26 W A Hyman 162249 P Att to S F 162250 D Att to Sacramento 162251 Dn Louis Fitzpatrick v Tom Cavish et al clolhing $9 T T Califro 162352 H Malott Sc Peterson v Andrew Lynch labor $12--F M O Brien 162253 K Swim Coll 8er v Harry Barusch ct al work $171 M 6wim 162254 P Same v Edward J Lyons et al services $103 Same 162255 D Att to S P 162256 Dn S P Meda ct al v Angelo Petri work $243 A Picard 162257 H Att to 8 F 162258 K Att to 8 F 162259 P Att to 8 F 162260 D Adolph M Schwarz v Sam Sa dowski et al premium $38 T Conlon 162261 Dn Same v G J Moscone et al poods 132 Same 162362 H Same v Porter E Magruder premium $26- Same SAN FRANCISCO TUESDAY DECEMBER 4 1928 BOULDER DAM PROJECT FEASIBLE ' WASHINGTON Dec 3 The Buul-dm Dam project is entirely feasible fiom an engineering standpoint the special commission of engmcois re-poi led today The engineers appointed to survey tho project expressed a piefcrcnce for a dam at Black Can von instead of Boulder Ounvon but declared that both sites me feasible A preliminary survey which the engineers submitted to President Cool-idge last month had indicated that the final report would be favorable to the project The congressional commission of engineers and geologists appointed to investigate the feasibility of tho Colo ratio River project estimates the cost at $165000000 Notes and Bonds Called for Payment Wm Cavalier & Co Give List of Securities to Be Redeemed The follow ing bonds or notes have been called for pavment according to advices leccived by Wm Cavalier & Onnpany: Alton Wv r 6 per cent water Issue due Nrv 1 1913 4 4kuuIs called date and pi ice not stated Albuquerque New Mex Paving bonds 5 bonds called immediately pine not Mated Alp no Montm fcte1 Corpn 1st 30-jear 7s due March 1 1935 additional drawing $21imhi tailed March 1 1929 at 1 in Argentine Nation Govt of the Ext 6h of Mav 1 H20 due May 1 I960 Arlington Club 1st 5s due January 134 $5000 called Jan I 1929 pike not Mated Carbon Count v Wvo School List No 6 6 per rent bonds due 19M 1 (Continued on Paqs Elaht) LONDON PONDERS NAVY MEET PLAN LONDON Dec 3 The i exult of the conversations between Sir Esme Hovvaid BriUsTi ambassadoi at Washington and Secretary of State Kellogg legaidmg Premier Baldwins re-to UepieHentaliNe Hnlten a naval proisaJ has been received m London It was still under consideration at the foreign office todav Reports arriving hero that Kellogg loftised to aicept the premiers lettci lopljing to Biittrn and Sir Esme vveie not substantiated 162263 K Same y R V Chandler ct al work $3o Same 162264 P Sunie v F J Lcnchan ct al account $58 Same 162265 D c L Neubert v Frances Faix ct ai goods $33 A J Henly 162266 Dn Same VMS Armando note 295 Same 162267 H Aicosta Finance Co v Mazis Mohrman et al replevin $38 F M Shipper 162268 K Att to San Joaquin 162269 P Att to Stanislaus ATTACHMENTS Filed November 27 1928 162037 H Golden West Credit & Adj Co v E V Rideout goods $65 (Los Angeles J A Mueller 162039 P Same v Martha E Pratt et ai as Pratt Art Sc Gift Studio goods $128 (Mrc-Pd J A Mueller CERF & COOPER Certified Public Accountants SucceMors to GREENHOOD & JANSEN Audits Investigations Income Estate and Inheritance Taxes 519 CALIFORNIA STREET TEL DAVENPORT 1131 HART BROWN & HART OFFICIAL SUPERIOR COURT SHORTHAND REPORTERS Depu 4 and 14 DEPOSITIONS Members: National and Caiiforma Shorthand Assns Public Stenography PRIVATE DEPOSITION SUITE X AV Al Williams Conditioner of Men one month body health in four months PHYSICfANSt We have helped combat mnnv stubborn iee successfully Perhaps we can co-operate with you Booklet on Request WILLIAMS HEALTH Physical Conditioning for Business and Professional Men 425 Bush St Tel Doug 3260 San Francisco Los Angeles Spring Arcads Bldg IR Fight Progresses States File Briefs Showing Benefit of Line to Sections Traversed WASHINGTON Dec 3 Construe -lion of a railroad ariosi Central Oregon would build up industry in Southwestern Idaho and Southeastern Oregon to a point impossible with pies-ent transportation facilities said a complainants brief filed with the Intel stale Commerce Commission on the complaint of Idaho and Oregon against the Central Pacific Ruihoad and other railroads The brief was filed by the public utilities commissions of the two Mates Demand for the railroad has been multiplied by the gioatb increased agriculture and danviug in the teiri-tory to be benefited the brief said Aecoidmg to the brief the line was proposed by tho late E II llat liman railroad magnate but was given up when tiie I mon Pacific and bouthmi Pacific raihoacLs were separated Since that time the southwest part of Idaho has trebled agricultural production and a like development has occ aired n Southeast Oregon The railroad would be supported b traffic vvhn li now goes by way of Ogden or Portland to Northern California Ihe nevv line would save moie than thiee bundled miles of haul ovei either of the two systems and save -is much as twenty-four hours in transit Not them California Vill furnish a market for practically all Southwest Idaho can pioriuce the brief stated and pointed out that the district wav i good market for manufactured articles such as automobiles which were hipped fiom coast assembling plants Southwest Idaho cannot favorably use tlie Rogerhon-Wells cut-off because of poor service the brief contended OBREGON SLAYERS WILL MAKE APPEAL MUXICO CITY Dec 3 -Urfrasr attomejs for Jose de I eon Total and Mother Concepcion whose sentences respectively to death and twenty eats imprisonment for their part m the atesnssmation of Piesident-elect Obregon were upheld by the Superioi Court have announced they will appeal to the Supreme Court for an injunction The whaling season in the Antartic has opened Our own New Bedford was once center of tho world's whal-industry but now in Southern Nnrwa v 162043 K Adolph M Schwarz v C W Strong et ai money $17 (Humboldt) T Conlon 162045 D Krofih Pump A Machinery Co v L Devencenzi note $297 tSan Joaquin) Cross fc Brandt 162069 P I G Young v Glenn Fisher et al wearing apparel 34 (San Mateo) J L Levin 162070 D Same v Thomas F Lovely et al wearing apparel $39 San Mateo) Same 162071 Dn Same v Lawrence Posey et al wearing apparel $45 (Lassen) Same 162078 K Lewis P White v Alice Peilly et al goods $220 (Santa Clara) In p p 162083 K Traders Credit Corn v J L Blackburn et al goods $76 (Humboldt) B B Stimmel 162084 P Samp v C J Pezzola et al goods $171 (Alameda) Same 162087 HL G Young v E A Stuart et al (Continued on Page Eight) 626 IIuntcr-Dulin Bldg DOUGLAS 0118 Stubborn Case No 7 Nerves Qonc Prominent lawyer 47 years of age nerves shattered by overwork and family disaster couldnt sleep eat or work Well-known physi-j cian triecj usual treatments for sx months no results recommended my system Improvement noted in patient in positive nerve and SYSTEM EIGHT PAGES lu the Southern Division of tho United States District Court for the Northern District of California ORDER THE FORM OF PETITIONS FOR WRITS OF HABEAS CORTES (Particularly in Alien Exclusion and Deportation Cases) For a considerable period of time prior to October 13 1928 records of hearings in exclusion and deportation cases by the Immigration Service of the Department of Labor were not available to attorneys of record desiring to prepare petitions for writs of habeas corpus and very considerable latitude has been allowed to such attorneys in preparing such petitions In many cases orders to show cause have been granted where upon analysis the petitions consisted very largely of legal conclusions Upon the return to the order to show cause it lias been customary for respondent to produce the records in the case which were then stipulated to be part of the petition On October 15 1928 as shown by a letter addressed by the Acting Commissioner of Immigration for this district to those attorneys known to hint as frequently acting as attornejs in exclusion and deportation cases' copies of the records of hearings in such cases were made available to attorneys of record In C 'rarmer v Washington 168 U S 124 128 the Supreme Court said: By Section 754 of the Revised Statutes it Is provided that the complaint in habeas corpus shall set forth the facts concerning the detention of the party restrained iu whose custody he is detained and by virtue of what claim or authority if known The genera rule is undoubted that if the deten- tion is- claimed to be unlawful by reason of the invalidity of the process or proceedings under which the party is held in custody copies of such process or proceedings must be annexed to or the essential parts thereof set out in the petition and mere averments of conclusions of law are necessarily inadequate" This rule was followed in an alien deportation case by the Circuit Court of Appeal for this Circuit iu Haw Hoy v North 183 Fed 89 where at page 92 the court said: The remaining questions relating to the alleged lack of -fairness and good faith on the part of the officers in reexamining the question of the appellants right to be and remain in the United States cannot he inquired into upon this appeal the petition for the writ of habeas corpus being insufficient for that purpose Copies of the warrant of arrest and proceedings under which the appellant is held are not attached or annexed to the petition nor is the essential part stated nor is there any cause assigned for any such omission Iu tliis regard the petition is insufficient to enable the court to consider the objection to the proceedings The general rule is undoubted that if the detention is claimed to be uniawtul by reason of the invalidity of the process or proceedings under which the parties are held in custody copies of such process or proceedings must be annexed to or the essential parts thereof set out in the petition and mere averments of conclusions of law are necessarily inadequate (Citing V rainier ' Washington supra) The rule was reiterated by the Supreme Court in Low Waft Suey' v Backus 225 U S 460 472: "The petition would be much more satisfactory if the general rule had been complied with and the proceedings had before the immigration officer had been set out As a general rule in habeas corpus proceedings a copy of the record of the proceedings attaeked is required ( Craemer v Washington 168 U S 124 128 129) The reasons given for failure to comply with this rule as stated in the petition are that the record is too voluminous to be made a part thereof that to incorporate a copy of the entire proceedings would burden the petition and cloud the issue that the petitioner was not in the possession of the entire record and was unablo to secure it in time to file it with his petition and that the Commissioner of immigration had a copy of the record which he could produce with the body of Li A Sim It does not appear that a copy of the essential part of the proceedings was not in the possession of the petitioner or could not he had and so far as it was within his power ho should have complied with the rule - - In accordance witli tho rule thus declared the records of the hearings being available counsel are advised that petitions for writs of habeas corpus must set forth the essential part of the proceedings upon which petitioner relies For example in an exclusion case it should contain the findings of the Board of Special Inquiry the findings of the Secretary of Labor and such other portions of the record (Continued on Page Five) Yesterdays U S CIRCUIT CT OF APPEALS Before Dietrich and Kerrigan JJ 5471 Newman et al v U S petn for rehearing den 5637 Brown ct al v U S mo to dis appeal sub 5474 Lum Man Shiug v U S opn by Dietrich CJ filed revd 5431 Alabka Cons Canneries Inc v Territory of Alaska opn by Diet-rich CJ filed affmd U S DISTRICT COURT Before Kerrigan J 19856 IT S v Crescent! et al verdict guilty ord each def sen to 1 yr in Co Jail fine of $500 and penally $500 16310 In re A C Flowers bkt petn tor disehg granted 1682 Whitney et al v Stewart Mfg Co mo for continuance gr etc 2207 Bassirk Mfg Co v Hi-Pressure Sales Co Inc mo for injn sub briefs 15 days 2070 Same v Same same 19051 U S v Briggs ord fnfn dis Before St Sure J 3 Cohn etc v Flynn etc dem to complt auli 1 U S v Wall et al mo to dismiss over 2 wks 2 Bashick Mfg Co v J Waterman-Fischer etc mo to set aside order dtsmistng cause gr etc 1 In re Henry Berry bkt mo to dissolve restraining order over 2 weeks 1 In re Chin Lim on habeas corpus order to show cause disehgd and procs dis sans prej 1 Morale v American-Hawailan S S Co et al mo to set cause gr to March 5 20208 U 8! v Ravetto mo to exclude etc sub 17418 In re M J Lynch bkt petn for riisrhg granted JOHN F Gallagher & Gallagher Official Court Reporters DEPOSITIONS JOHN F (sAJLAGliFEt Certified by Civil Service Cotnmisaiom Court Sieaoirapher No I 3 4 BANK OF ITALY BUILDING 485 California Street DaVCnpOrt 5090 J E TRABUCCO Attorney-at-Law Itefclhtered U S Patent Offlc PATENTS TRADEMARKS HOBART BUILDING Phone: Suiter 0733 Erwin M Cooper & Co PUBLIC STENOGRAPHERS Member Shorthand Reporters Association 1 Montgomery S U Room 500 Telephone: Kearny 4353 8AN FRANCISCO LAW JOURNAL YOU Cl No 126 Proceedings 17169 In re W T McGlothln bkt same 16315 In re Smith Boney bkt same 2058 U S v Ravizza et al order to show cause contempt disehgd 17627 In re H L Carter adj bkt and ref to B J Wyman Before Louderback J 1 Reis etc v McLaughlin etc dem to complt over 3 wks 2 Southern Pac Land Co v McLaughlin etc dem to complt same 3 Guenthner v U S mo to set cause gr to May 22 4 Madden v Kansas City Life Ins Co mo to set aside service of process sub 5 Pacific States L Co v Boston Ins Co mo to set cause over 2 wgeks 6 U S v Buck et al mo to set cause gr to May 23 7 Woolley v Maryland Cas Co mo to set cause gr to Jan 23 8 Sweeney v Southern Pacific Co mo to set cause gr to March 22 9 Levi Strauss Realty Co v U S nto to set cause dropped 10 Dennis v McLaughlin etc mo to set cause gf to May 24 11 Guild v Washington mo to remand over 2 wks 12 Benedettl v Market St Ry Co mo to set cause gr to Jan 25 13 Pacific Midway Oil Co v McLaughlin etc mo to set cause over 2 wks 1 U S v Lyman et al mo to dia over 3 wks 2 U S v Zanellt et al mo to set cause off cal and action dis 3 U S v Northside Realty Co mo to set cause gr to Jail 3t 4 U S v Wall et al mo to dismiss over 3 wks 5 U S v Bowdiih et al mo to set cause off cal ord dec cut for plff with costs fContmud an egs Eight EOT Edward Oscar Heinrich b s SAN FRANCISCO: 2$ CALIFORNIA fT BERKELEY: 1001 OXFORD STREET Comulling Expert in DISPUTED HANDWRITING Typewriting Ink Pjper etc (n con necaon with their use as Le$U Evkkou Douglas 6145 (Office Tel) Ashberry 1478 (LbowvTei) 'I

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