Oakland Tribune from Oakland, California • Page 18

(SATURDAY EVENING, OAKLAND TRIBUNE MARCH 12, 1910. LEGAL. LEGAL. LEGAL. LEGAL.

LEQAL LEGAL. LEGAL. IENP-ORTAHT Notice ThatC Application Has Been Made to the Board of Supervisors of' the County of "Alameda, State of California, to be stated In the entry on the register, except The date of the entry. FURTHER NOTICE IS HEREBY GIVEN THAT AFFIDAVITS OF REGISTRATION MUST BE SWORN TO BEFORE THE COUNTY CLERK OR HIS DEPUTIES AND THAT THEY CANNOT, OWING TO THE PROVISIONS OF THE REGISTRATION LAW BE SWORN TO BEFORE ANY OTHER OFFICER. THE OFFICE OF THE COUNTY CLERK WILL BE OPEN FOR REGISTRATION UNTIL FURTHER NOTICE FROM 9 O'CLOCK A.

M. UNTIL 5 O'CLOCK P. M. OF award to him of said franchise shall be set aside, and the deposit theretofore made by him shall be forfeited, and no further proceedings for a sale of aavid franchise shall be had unless Uk same shall be readvertised and again Offered for sale in the manner hereinbefore pre-yid'ed. i The successful bidder for said franchise murt.

within five (5) days after such franchise is awarded to him. file a bond running to said County of Alameda, which said bond must be a surety bond, acceptable to said Board of Supervisors to be apiJroved by said Board of Supervisors ti the penal sum of One Thousand (100l) Dollars, conditioned that s-aid bid-dec shall well and truly observe, fulfill and perform each and everv term and Condition of such franchise, and that in case of any breach of condition of such bond, the whole amount of said penal sum shall be taken and deemed to be liquidated damages, and shall be recoverable from the principal and sureties on said bond. That upon the filing and a.pproval of said bond the said franchise shall by said Board of Supervisors be granted by ordinance to the person, firm or corporation- to wham it has been struck off, sold or awarded, and in case that said bond shall not be so filed, the award of said franchise shall be set aside, and any money paid therefor shall, be so forfeited, and the franchise shall, in the discretion of said Board of Supervisors, be readvertised and again offered for ale in the same manner and iindfr the same restrictions as hereinbefore provided. This notice is given and published in pursuance to a resolution and order of the said Board ef Supervisors of "the said County of Alameda authorizing the same, adopted at a regular meeting of said Board of- Supervisors held on the seventh day of March, A. D.

1910. Dated, March 9, 1910. (SEAL OF SAID BOARD OP S1TPERVTSORS) JOHM P. COOK, Countv Clerk of the County of Alameda. State of California, and ex-ofnelo Clerk of the Board of Supervisors of said County of Alameda, on Monday, the 21st day of March, 1910.

and must be filed with the City Clerk of the said Citv of Oakland at his office In the City Hall of said City of Oakland: and that upon Monday, the 21st dav of March. 1910. at the hour of 8 o'clock P. the said City Council will meet at the Council Chamber in said Citv Hall, In open session, and will then and there open and read said bids; and that thereupon said franchise will be struck off. sold and awarded to the person, firm or corporation who shall make the highest cash bid therefor, who shall.

In addition, agree to pay at the expiration of five years after the date of said franchise, and thereafter semi-annually, the largest percentum of the gross annual receipts of such road, according to a verified statement of the same, the percentum of such gross annual receipts in no event to be less than two per cent thereof: and in the event said -payment Is not made, said franchise shall be forfeited; -PROVIDED, only, that at the time of the opening of said bids any responsible person, firm or corporation, present or represented, may bid for said franchise or privilege a sum not less than ten per cent above the highest cash bid therefor, and said bid so mode be raised not less than ten per cent by any other responsible bidder, and such other responsible bidder may a'mg Increase the percentage of the grot annual receipts bid for said franchise. In sueh amount as he may see fit; and said bidding may so continue until finally said franchise shall be struck off. sold and awarded by said City Council to the highest bidder therefor, in gold coin of the United States, whose bid shall include both the highest cash bid and the greatest percentage of the gross receipts of said road, as hereinbefore provided. Each sealed bid shall be accompanied by casli, or a certified check payable to the Treasurer of the said City of Oakland, for the full amount of said cash bid, arfd no sealed bid shall be considered unless said cash or check is enclosed therewith: and the successful bidder shall deposit at least ten per cent of the enwunt of his rash bid with the Clerk of the City of Oakland before the franchise shall be struck off to him. And If he shall fall to make such deposit immediately, then and in that case his bid shall not be received, and shall be considered as void, and the said franchise shall then and there be again offered for sale to the bidder who shall make the highest cash bid therefor, subject to the same conditions, as to deposit, as above-mentioned, and the highest percentage of the gross annual receipts as herein provided.

Said procedure shall be had until said franchise Is struck off, sold and awarded to a bidder who shall make the necessary deposit of at least ten per cent of the amount of his cash bid therefor, as herein provided. Said successful bidder shall deposit with the Clerk of the se.ld City Council, within twenty-four hours of the acceptance of his bid, the: remaining 90 per cent of the amount7of said cash bid, and in case he or itxshall fail to do so, then the said deposltheretofore made shall be forfeited, ancKthe said award of said franchise shallbe void, and the said franchise shall then and there by said governing bodybe again offered for sale to the highest bidder therefor, in the same manner and under the same restrictions as hereinbefore provided: and In case said bidder shall fall to deposit with the City Clerk the remaining 90 per cent of his cash bid within twenty-four hours after its acceptance, the award to him of said franchise shall be set aside, and the deposit theretofore made by him shall bo forfeited, and no further proceedings for a sale of said franchise shall be had. unless the same shall be readvertised and again offered for sale as required by law. City of Oakland, as Its share of the ex-1 for cleaning 'that portion of lh mam lake sewer over which a street railroad- shall be constructed and operated under this franchise, the sum of J500.00 per aiwrum during the existence of this franchise, the thne of payment to be specified as the City Council may by resolution order and direct. 4 21st The percentum or the gross annual receipts of eaid railroad agreed be paid by the successful bidder for thi franchise, at the expiration of 6 years, shall be payable semi-annually to the) City of Oakland on the 1st day of Feb-ruanjLand the 1st day of August of each ya.rv.acc'ordintf to tne verified statement of the gross annual receipts of uch road for the period for which payment Is m.i.lo, to be filed with Me City Clerk not latej than the 31st day of January and the 31st fch year.

In the event tnot the railroad operated under thia franchise shall be operated in connection with other railroads or transportation companies and through rates ehall ni as to include the railroad operated under this franchise, tha proportion oi earnings upon which such percentum cf gross receipts shall be based be such proportion of such through fare or fare as the mileage of such fare or fares over the railroad operuted under this franchise tea1r" the entire mileage for wliijh i fare or fres are charged. nu Ihe grantee of this franchise. Ma successors and assigns, shall construct culverts under Its tracks at street cross-lugs where necessary tor the purpose of i wale" across the streets ItS lts. tr--'ks are maintained vert ihi franis. If existing culverts shall have to be reconstructed hy reason of the installation of such trackJ.

thi franchise Bhall continue the construction of such culverts lt o' "ch streets. CU1Verl The erantee of thJ ita 8sl" -haU con.t'ru"! fi at street maintained--by it under this lranchlse and for two feet on each side of eaid traces Cttrs" of tlie srantee of thl franchise. Its successors and assigns. 10 on aumlt or discharge pussei.gejs at all street crossings or at such btopplng points that may be established by th grantee of this franchise. Its successors or assigns, not to exceed as between alj points 400 feet; provided that the requirement as to stopping shall riot atpy to through cars which, sani grantee.

Hi successors and assigns, shall be permitted to run under tiu fru.nuhl.se iu audltJ lo resiular strvtce hercliiUjfore provided for. but no more than two tars attached shall bo run under thl franchise at any time, provided one ot the two cars shall contain tho motor or motive power. 26th Should the grantee of this franchise, its successors or hereafter be granted franchises by tha City of Oakland to operate other street railways In said city II shall Issue transfers to passengers on cars run under this franchise to the cars operated under such other franchtso connecting with those operated under this franchise; provided that this provision ahall apply only to pusst-ngt-rs who have paid the fare to the point to which they wish to be transferred; and provided further that this provision shall not be construed to entitle any passenger to carried to any. point beyond the municipal limits of the City of Oakland upon the payment of tho Jive cent fare. It Bhall be tho duty of the grantee of this franchise.

Its successors and assigns, to allay the dust between the rails of Its tracks by means of sprinkling with water or oil iu accordance with tha directions of the Superintendent of Streets of tho City of Oakland. 27th Where two cars are operated, attached together, under the provisions ot this franchise, the grantee of this franchise. Its successors mnd assigns, may, at Its discretion operate such two cars with not more thou two employes, ono of whom may act as molurmun and tle other as conductor upon said cars. 27th (A) It shibll be the duty of the grantee of this franchise, its successors or assigns. In accordance with the light (b) Commencing at a connecton with the proposed single-track rnllwnvs and hereinafter referred to, at, or near the Intersection of Twentieth and Curtiss streets; thence running southerly along the center line of Cuftlss street and curving to th right on to, the center line of Nineteer.th street: thehce westerly along the center line of Nineteenth stret.

crossing Market street and en- -terlng prvate property In the block -bounded hy Market, Myrtle, Twenty-first and Eighteenth streets: thence running: in a general westerly direction and curving to the left on to the center line of Myrtle street: thence southerly along the-, center line of Mvrtle street and curving to the right on to the center line of Eighteenth street: thence westerly along the center line of Eighteenth street, crossing Filbert, Wood and all Intervenng streets to the right-of-way of the Southern Pacific Company, where same is intersected by the center line of Eighteenth street. 8th A alngle-track ehall be constructed over and along the following streets: (a) Commencing at a point near the center line of Franklin street, where same is Interacted by the center lino of Twentieth street, and running thence northerly along the center line of Franklin street, and curvng to the left on to the center line of Walnut or Twenty-second street; thence running westerly along the center line of Walnut (or 22d) street, crossing Broadway, to an Intersection with Telegraph avenue: thence curving to the left and crossing Telegraph avenue to the center line of Jones street; thence westerlv along the center line of Jones street, crossing Grove street and San Pablo avenue to the center line of Twenty-first street, where said Twenty-first street Is Intersected by San Pablo avenue: thence westerly along the center line of Twentv-flrst street, crossing Brush and West streets and curving to the left on to tho center line of Curtis Ftreet; thence running southerly along the center line of Curtis street to the center line of Twentieth street. (b) Commencing at a point on the center line of Twentieth street, where same Is Intersected by Curtis street; running easterly along' Twentieth street, crossing West, Brush, Castro and Grove streets. San Pablo avenue. Telegraph avenue, Broadway and Intervening streets to the center line of Franklin street, where paid Franklin 6treet Interseets Twentieth stre-t.

to a connection with the proposed double-track rallwav referred to In subdivision sertloh 7. 9th All of the tracks of Raid street railroad shall be constructed of standard flat rails of the most approved pattern for street railways, and shall be laid down and constructed in a good and substantial manner, and so as to present the least possible obstruction to travel and the crossing of vehicles, and to conform as nearly as possible to the Official grade of the streets over which the railroad shall be constructed. 10th Single fares over said street railroad shall not exceed five cents. 11th The tracks of said street mil-road must not be more than five feet wide within the rails, and must have a space between them sufficient to allow the cars to pass each other freely, and sufficient to allow a person to pass freely between cars passing each other on said tracks, and when permanently laid they must be as nearly as possible in the middle of the streets hereinbefore designated. 12th The grantee or grantees of said franchise, his, its or their successors or assigns, must plank or replank.

pave or repave, macadamize or remacadamize, the entire length of the portions of the streets used by their track, between the rails and for two feet on each side thereof, and between the tracks, where there Is more than one. and must keep the same constantly in repair, flush with the street, and with good crossings, and such street work shall be done with the same material, at the same time, and in the same manner, as the remainder In width of such portions of said streets. When the grantee--of said franchise desires to construct additional crossings, sidings, switches or connections after the time for the completion of the construction of said street railroad as provided In Section 18 of this notice. the for a Franchise, Right, Privi- A lege and Permission, to Erect, Lines, for Transmitting and Distributing Electricity Along, Across, Upon, Over, Through and Under the County Koads, Highw ays, Public- ways, Streets, Lanes and Pub-lie Grounds and Places of and in Said County of Alameda, for Furnishing Light, Heat and Power and for All Other Purposes for Which Electricity May Be Used; That Said Board of Supervisors Intends to Grant Said Franchise, Right, Privilege -and Permission; and No-ticeorthe Times and Places of the Receipt of Bids Therefor; and- of the Terms and Conditions Thereof. Notice Is hereby given that written application and petition has been made to the Board of "Supervisors of the County of Alameda.

State of California, by Peoples Electric Light and Power Company, a corporation organized and existing under and by virtue of the laws of the State of California, for the franchise, right, privilege and permission to erect, construct, maintain and operate, over, along, across and upon the county roads, highways, public-ways, streets, lanes and public grounds and places of and in Alameda County, California, tow-era, piers, poles, masts and other superstructures, and, upon and from the same, to suspend, affix and hang wires, cables and other appliances for transmitting and conducting electricity, and to lay, maintain and operate, or to lay, maintain and-operate, wires, cables and other ap-. pllances, in conduits, and such other modes as may. be convenient and proper, through, over, under and along the said county highways, public-ways, 1 streets, lanes and public grounds and places of and In said Alameda County, for conducting and transmit toff electricity, for furnishing heat, light and power and for all or. any other purposes for which the same can. or may be used, ln-eluding the lighting of highways and places In said County of Alameda, eaM franchise to extend and run for a period of fifty (50) years from the passage of the ordinance granting the same, and that It is proposed to grant such franchise, right, privilege and permission In conformity with law.

Notice Is further given that said Board of Supervisors will receive sealed bids, and offers for such franchise, right, privilege and permission up to the hour of ten o'clock A- M. of the eleven tn day of April, 1910. at the office of the County Clerk of the eaid County of Alameda, at the Hall of Records in the City of Oakland. County of Alameda, State of California, and that said franchise, right, privilege and permission will be awarded to the highest bidder therefor in conformity with law. The construction of said work Is to be commenced in good faith within not more than four months from the date of the granting of the franchise and shall be completed within not more than three i years thereafter, and If not so eom- menced and completed within such time, eaid franchise shall be forfeited; pro-i vided that for good cause shown, the Board of Supervisors of said County of Alameda; by resolution, may extend the time of comuletlon of said work not exceeding three rnonths.

The grantee the franchise to be awarded, his successors and assigns. must during the life of this franchise pay to the said County of Alameda, two per cent of the gross annual receipts of Eaid grantee, his successors and assigns, arising from the use, operation or possession of this franchise, provided, howr ever, that no percentage shall be paid for the first five years succeeding the date of this franchise, but thereafter such percentage shall be payable annisally, and In the event such payment is not made, this franchise shall be forfeited. At the the sixth year from the date of the granting of this franchise and at the end of each year, thereafter, the person, firm or corporation then owning or holding the franchise must make and file with the County Clerk of the said County of Alameda, a sworn statement Of the gross receipts arising from the use. operation and possession of said franchise for the year then ending, and if a corporation then owns the franchise the secretary of such corporation is hereby designated as the officer who ehall make such sworn statement In behalf of such corporation. That "it is proposed to grant said franchise in accordance with the terms of a draft of an ordinance attached to, and rw.

marked Exhibit of the Resolution Order of said Board of Supervisors f'twrruant to which Resolution and Order hia notice Is given and published, said Resolution and Order having been duly passed and adopted at a regular meeting of said. Board of Supervisors held on the seventh day of March, 1910, to which said Resolution and Order and to which said draft of an ordinance reference is hereby made for further particulars. That said bids are to be opened on the eleventh day of April, 1910, at the hour of ten o'clock A. M. of said day.

at the rooms of said Board of Supervisors in said Hall of Records, and that then ami there said franchise will be struck off, sold and awarded to the person, firm or corporation who shall make the highest cash bid therefor; provided, only, that at the time of the opening of said bids, any responsible person, firm or corporation present or represented, may bid for said franchise or privilege a sum not less than ten (10) per cent above, the highest sealed bid therefor, and said bid so made may be raised not less than ten (10) per coot bv any other responsible bidder and bidding may so continue until finally said franchise shall be struck off. sold and awarded by said Board of Supervisors to the highest bidder therefor, in gold coin of the United States. Each sealed bid shall be accompanied with cash or a certified check payable to the NOTICE TO 0 OF REGISTRATION Office of John P. Cook, County Clerk, Oakland, Alameda County, California. OTICE IS HEREBY GIVEN THAT, IN AC CORDANCE VITH THE PROVISIONS OF SECTION 1094 OF THE POLITICAL CODE OF THE STATE OF CALIFORNIA, ALL VOTERS OF ALAMEDA COUNTY MUST APPLY FOR RE-REGISTRATION IN ORDER TO BE ABLE TO VOTE AT THE PRIMARY ELECTION TO BE HELD ON AUGUST 16TH, 1910, AND FOR THE GENERAL ELECTION TO BE HELD ON THE 8TH DAY OF NOVEMBER, 1910.

OWING TO THE FACT THAT THERE IS NO PROVISION OF LAW GRANTING ASSISTANCE TO THE COUNTY CLERK IN THE REGISTRATION OF VOTERS, IT IS IMPORTANT THAT VOTERS SHOULD AP- PLY FOR REGISTRATION AT ONCE, IN ORDER TO EX- PEDITE THE WORK. SUCH RE-REGISTRATION BEGAN ON THE FIRST DAY OF JANUARY, AND WILL BE IN PROGRESS AT ALL TIMES UNTIL JULY 26TH, 1910, FOR THE PURPOSE OF ENABLING VOTERS TO QUALIFY" FOR THE PRIMARY TION, AFTER WHICH REGISTRATION WILL AGAIN OPEN AND CONTINUE UNTIL SEPTEMBER 28TH, 1910, FOR THE PURPOSE OF ENABLING VOTERS TO QUALIFY FOR THE GENERAL ELECTION, TO BE HELD NOVEMBER 8TH, 1910. THE ATTENTION OF VOTERS IS ESPECIALLY DIRECTED TO THE RECENT DECISION OF -THE SUPREME COURT, IN WHICH IT IS HELD THAT ALL VOTERS MUST HAVE REGISTERED THIS YEAR IN ORDER TO JOIN IN THE SIGNING OF ANY CERTIFICATE OF NOMINATION IN BEHALF OF ANY CANDIDATES FOR PUBLIC OFFICE TO BE VOTED FOR AT THE PRIMARY ELECTION, TO BE HELD AUGUST 16, 1910. ATTENTION IS FURTHER DIRECTED TO THE FOLLOWING PROVISIONS OF THE POLITICAL CODE OF THE STATE OF CALIFORNIA RELATING TO REGISTRATION Sec. 1097: No person's name must be entered by the Clerk unless: 1.

Upon the production and filing of a certified copy of the judgment of the Superior Court directing such entry to be made. 2. If a naturalized citizen, upon the production of- his certificate of naturalization, which certificate must be issued ninety days prior to the succeeding election, or upon his affidavit that It is lost or out of his possession, which affidavit must state the place of his nativity, and the time and of his naturalization, together with his affidavit that he has d-slded in the United States for five years, and in this State for one year next preceding the time of application, and that he would be an elector of the countv at the next succeeding election; provided, however, that Jf such naturalized citizen shall have been previously registered as 'a qualified elector In any of the counties or cities and counties of this state, his name must not be entered bv the Clerk unless he produces a of such registration. Issued by the partv authorized by law to Issue such certiYicate, which certificate shall be prima facie evidence of his naturalization. In the event that such naturalized citizen was naturalized in the county or citv and county in which he seeks to register, or in the event that he was previously registered within the preceding eight years within the county or city and county in which he seeks to register, and his certificate of naturalization has not been revoked, he shall not be required to produce! his certificate of naturalization, nor to make such affi davit of lost certificate In lieu tnereor.

3. If born in a foreign country, upon his affidavit that he became a citizen of the United States by virtue of trite naturalization of his father while he was residing in the United States and under the age of twenty-one years, and that he is or would be an elector of the county at the next ensuing election. 4. In all other cases upon the affidavit of the party that he Is or will be an elector of the jounty at the next succeeding election. Such affidavit must be made before the County Clerk or officer charged with the registration of voters.

or their deputy. If any elector Is absent from the county in which he claims residence, he may appear before any Judge or clerk or any court of record, or notary public, or if in a foreign country, before any minister, consul or vice consul of the United States, and make and subscribe an affidavit as to his residence, specifying in what ward or precinct he claims residence; that he will be necessarily and unavoidably absent from said county on all the days allowed by law for general registration of electors, and setting forth In such affidavit each and all the matters required by section one thousand and ninety-six of the Political Code of the State of California and forward such affidavit, duly authenticated as above, by mail, enclosed in an envelope, addressed to the County Clerk of any county, or the registrar of voters In and city and county. Upon receipt of such affidavit by such clerk or registrar of voters within the time allowed by law registration, it shall entitle the name of such elector to be entered by the clerk in the proper register in such precinct. MS EACH DAY EXCEPT SATUR-J DAYS, ON WHICH DAY THE OFFICE WILL CLOSE AT 12 O'CLOCK NOON. JOHN P.

COOK, County Clerk, Alameda County, Cal. Dated March 2, 1910. (Seal) Notice of Application of the Peninsular Railway Company, a Corporation, for a Street Railroad chise Upon and Along Certain Streets in the City of Oakland, County of Alameda, State of California, and of the Sale of Said Street Railroad Franchise and Adver-tisement for Bids Therefor. TO ALL WHOM IT MAY CONCERN NOTICE IS HEREBY GIVENTHAT AN APPLICATION IN WRITING HAS BEEN MADE BY THE PENINSULAR RAILWAY COMPANY. A CORPOIU-TION.

TO THE CITY COUNCIL OF THE CITYOF OAKLAND, COUNTY OF ALAMEDA. STATE OF CALIFORNIA, FOR A FRANCHISE TO LAY DOWN. CONSTRUCT. MAINTAIN AND OPERATE. IN THE SAID CITY OF OAKLAND, FOR THE TERM OF FIFTY YEARS.

A STREET RAILROAD. WITH ALL NECESSARY AND CONVENIENT SWITCHINGS, CROSSINGS. SIDINGS, CONNECTIONS, POLES. WIRES AND OTHER NECESSARY APPLIANCES. APPENDAGES AND ADJUNCTS; SUCH RAILROAD TO BE OPERATED BT ELECTRICITY.

OR SUCH OTHER IMPROVED MODE OF OPERATION AS MAY BE AUTHORIZED BY LAW (EXCEPT STEAM LOCOMOTIVES). ALONG AND UPON THE FOLLOWING DESCRIBED ROUTE IN THE CITY OF OAKLAND. COUNTY OF ALAMEDA. STATE OF CALIFORNIA, SAID ROUTE FOLLOWING A CENTER LINE DESCRIBED AS FOL- LOWS: 1st A double-track railway commencing at a connection with the existing double-track railway of the South Pacific Coast Railway Company, In the block bounded by Thirteenth, Fourteenth, Webster and Franklin streets, and running thence northerly across Fourteenth street at its intersection with Franklin street to the center line of Franklin street, and thence northerly along and upon Franklin street to its Intersection with the center line of Twentieth street. 2nd A single-track railway commencing at a point near the center line of Franklin street, where same is intersected by the i center line of Twentieth street, and running thence northerly along the center line of Franklin street, and curving to the-' left on to the center line of Walnut or Twenty-second street; thence running westerly along the center line of Walnut (or 22nd) street, crossing Broadway, to an Intersection with Telegraph avenue; thence curving to the left and crossing Telegraph avenue to the center line of Jones street; thence westerly along the center line of Jones street, crossing Grove street and San Pablo avenue to the center line of Twenty-first street, where said.

Twenty-first street is Intersected by Sanl Pablo avenue; thence westerly along the I center line of Twenty-first street, crossing Brush and West streets and curving to the left on to the- center line of Curtis street; thence running southerly along the center line of Curtis street to the center line of Twentieth street. 3rd A single- track railway commencing at a point on the center line of Twentieth street, where same is intersected by Curtis street; running easterly along Twentieth street, crossing West, Brush, Castro and Grove streets, San Pablo avenue. Telegraph avenue, Broadway and intervening streets to the center line of Franklin street, where said Franklin street intersects Twentieth street, to a connection with the proposed double-track railway referred to in Section One of this description. 4th A douDie track railway commencing at a connection with the proposed single-track railways second and third hereinabove referred to, at or near the intersection of Twentieth and Curtis streets; thence running southerly along the center line of Curtis street and curving to the right on to the center line of Nineteenth stre.t; thence westerly along the center line of Nineteenth street, crossing Market street and entering private property fn the block bounded by Market, Myrtle, Twenty-first and Eighteenth streets; thence running in a general westerly direction and curving to the left on to the center line of Myrtle street; thence southerly along the center line of Myrtle street and curving to the right on to the center line of Eighteenth street; thence westerly along the center line of Eighteenth street, crossing Filbert, Wood and all intervening streets to the right-of-way of the Southern Pacific Conpany where same Is intersected by the center line of Eighteenth street. AND THAT IT IS PROPOSED hy the said City Council to'grant such franchise upon the terms and conditions, and under the restrictions, imposed or required by law, and upon the additional terms, conditions, and restrictions hereinafter set forth, and that bids will be received for such franchise, and that it will be awarded to the highest bidder; that the term for which saicsrf ranchlse or privilege shall be granted Is fifty years, and that the route to be traversed by said street railroad is that above set forth arid particularly described.

NOTICE IS FURTHER GIVEN that I seal edbidB. for said frarrehisewiU be re sealed Jbids. for said frarrehise'wiU be APPLICATION TO MORTGAGE PROPERTY. In the Superior Court of the County of Alameda, State of California. In the matter of the application of the trustees of "Grace Methodist Episcopal Church of Oakland, California." formerly "Thlrtv-fourth Street Methodist Episio-pal Church of Oakland.

California" a religious corporation), for leave to borrow money and execute and deliver promis-sorv note and mortgage. On reading and filing the petltldn of the Board of Trus-tees of "Grace Methodist Episcopal Church of Oakland. California," formerlv "Thirty-fourth Street Methodist Episcopal Church, of Oakland. California" (a religious corporation), for an order empowering said corporation to mortgage its real property situate in the City of Oakland. County of Alameda, State of California, and bounded and described as follows, to wit: Commencing at a point on the western line of Market street, distant thereon 60-feet, and one and one-half inches northerly from the point of intersection thereof with the northern line of 34th street, and running thence northerly along said line of Market street 42 feet; thence westerly1 and parallel with 34th street, 108 feet more or less to the western boundary lino of JiOt No.

2 In Block as per man hereinafter referred to; thence southerly along said boundary llne 43 feet more or less to the southerly boundary line of said Lot No. thence easterly along the southerly boundary line of Lot No. 2, 112 feet, more or less to the point of commencement: being a portion of Lot No. 2, In Block as laid down upon a certain map entitled "Map of the property of the Central Land Company." filed November 25, 1873, In the office of the County Recorder of said Alameda County, saving and excepting therefrom a small portion at the southwest comer thereof described as commencing at the southwest comer of the said Lot No. 2, and running thence northerlv along the western boundary of said Lot No.

2, two feet by a uniform deptlr easterly of 26 feet, together with the improvements thereon, -and on motion of Johnson Shaw, on behalf of said religious corporation; It is ordered that said petition be presented for hearing before this Court In Department 1 thereof at the Courtroom thereof In the Court House in the City of Oakland, County of Alameda. State of California, on Monday, the 14th day of March. A. D. 1910, at the hour of 10 o'clock In the morning or as soon thereafter as counsel can be heard.

And it is further ordered that notice of said application and the time and place of hearing the same be given by the publication of a copy of this order at least three times' before said day in Oakland Tribune, a daily Newspaper of general circulation, published in the City of Oakland, In said County of Ala meda. Dated, Oakland. March 9, 1910. (Endorsed) WILLIAM H. Judge.

Filed March 9, 1910. JOHN P. COOK. County Clerk. Bv W.

E. ADAMS, Deputy Clerk. NOTICE OF A SPECIAL MEETING OF THE STOCKHOLDERS OF THE OAKLAND BANK OF SAVINGS. Notice is hereby given that a special meeting of the stockholders of The Oakland Bank of Savings will be held on Monday, March 2Sth, 1910, at 3:30 o'clock p. m.

of that day. at the office of the banking room of said The Oakland Bank of Savings, northeast corner of Broad -wav and Twelfth street. Oakland, California, for. the purpose of voting uporf the question whether said stockholders will consent to an agreement for and embodying all of the terms and conditions of a sale bv the Bankers Trust Company of Oakland. California, and the purchase by The Oakland Bank of Savings of the assets and business of said Bankers Trust Company of Oakland.

California, to be submitted to said stockholders at said time and place, and for the transaction of such other business in connection therewith, and otherwise, that may come before sal.i meeting. This meeting is called by the Board of Directors of said The Oakland Bank of Savings, pursuant to the request of ten stockholders of said The Oakland Bank of Savings, made in writing to said Board, on Monday. March 7th, 1910, to a resolution of said Board on said day adopted, and to the. by-laws of this corporation. W.

W. GARTHWAITE. President of The Oakland Bank of Savings. J. Y.

ECCLESTON. Secretary of Oakland Bank of Savings. I Oakland, California, March 12th, 1910. NOTICE OF A SPECIAL MEETING OF THE STOCKHOLDERS OF THE BANKERS TRUST COMPANY OF OAKLAND, CALIFORNIA. Notice Is hereby given that a special meeting of the stockholders of the Bankers Trust Companv of Oakland.

California will be held on Monday. March 28th, 1910. at 3:30 o'clock p. m. of that day.

at the office and banking room of said Bankers Trust Company of Oakland. California. 422 Twelfth street. Oakland. California, for the purpose of voting upon the question whether said stockholders will consent to an agreement for and embodying all of the terms and conditions of a sale' by the--Bankers Trust Company of Oakland.

California, and the purchase by The Oakland Bank of Savings of the assets and business of said Bankers Trust Company of Oakland. 'to be submitted to said stockholders at" said time and place, and for the transaction of such other business in connection therewith, and may come before said meeting. This meeting is celled and this notice Is given by the President of the Bank-ers Trust Company of Oakland, California, at the request of stockholders representing twenty-five (25) per cent of the capital stock of said corporation, made to him in writing, and at the- request of a majority of the Board of Directors of said corporation made to him in writing. W. W.

GARTHWAITE. President of the Bunkers Trust Company of Oakland, California. Attest: J. A. THOMSON, Secretary of the Bankers Trust Company of Oakland, California.

Oakland. California. March 12th. 1910. CLASS I Fl ET AOS IN THE TRIBUNE PAY BIG RETURNS FOR THE MONEY INVESTED.

7 THE SAIL) CITY COUNCIL will exact and require from the successful bidder for said franchise a satisfactory promise and undertaking to permit and allow mail carriers in the employ of the United States Government, at all times while engaged in the actual discharge of tlreir duty, to ride on the cars of tha street railroad authorized thereby, without paying any sum of money whatever for fare or otherwise, and such promise and undertaking on the part of saJd successful bidder will be made a condition precedent to the granting of the aforesaid franchise. THE SUCCESSFUL BIDDER for said franchise shall file a bond running to said City of Oakland, with at least two good and sufficient sureties, to be approved by said City Council, In the penal sum of $2500, conditioned that such bidder shall well and truly observe, fulfill and perform each and every term and condition of such franchise, and that in case of any breach of condition of such bond the whole amount of the said penal sum therein named shall be taken and deemed to be liquidated damages, and shall be recoverable from the principal and sureties upon said bond. Said bond shall be filed with said City Council within five days after such franchise Is awarded, and upon the filing and approval of said bond the said franchise shall by the said governing or legislative body be granted by ordinance to the person, firm or corporation to whom it has been struck off, sold or awarded; and in ca said bond shall not be so filed, tri award of such franchise shall bo set aside, and any money paid therefor shall be forfeited, and said franchise shall, in the discretion of said City Council, be readvertised and again offered for sale in the same manner and under the same restricions as provided by law. NOTICE IS HEREBY FURTHER GIVEN that said franchise will bo granted upon the following terms, conditions and restrictions, in addition to the terms, conditions and restrictions re- auird or imoosed by law, to wit: 1st That the for which said frail- chise or privlle fifty years, an traversed by slab. -ve set forth scribed.

2nd Slid City to be granted is Ihe route to be et railroad Is that particularly de- Council will exact and successful bidder for require trom in 3 said franchise a satisfactory promise and undertaking to- permit and allow ina.il carriers In the employ of tho United States Government, at all times while engaged in the actual discharg of their duty, to ride on the cars of the street railroad authorized without paying any sum of money what-sver for fare or otherwise, and such promise and undertaking on the part of the successful bidder is made a condition precedent to the granting of the aforesaid franchise. 3rd The grantee or grantees of said franchise, his. Its or their successors or assigns, shall have the right, tjfjchlso and privilege to by down, maintain and operate said street- railroad, together with the right to carry passengers thereon for hire, for the term of fiftv years; provided, however, tUat said franchise shall not be Construed to give to the grantee or grantees thereof. Ms, Its or their successors or assigns, the right to carry freights for any person, partnership or corporation, over, along or upon the street railroad to be authorized thereby, except such materials, tools, machinery and fuel as it may be necessary to transport over said street rail-r road for tha constructon, operation or maintenance of the said street railroad lines of said grantee or grantees, his. Its or their successors or and excepting also irelght for the City wf Oak-lard, as hereinafter set forth; provided, that said franchise shall not be construed to give to the grantee or grantees thereof, his, its or their successors or assigns, the right to carry oil In oil cars over, along or upon' said railroad.

The Citv of Oakland, upon paying the proper freight charges therefor, may have transported all materials and tools necessary for the use of the municipality over the street railroad provided for under this franchise. 4th Subject to unavoidable delays and casualties, cars for the conveyance of passengers must be operated over the said street railroad between the hours of 7 a. m. and 9 p. m.

of each day. at intervals of not more than ten minutes; and between the hours of 9 p. m. and 12 p. m.

of each day at Intervals of not more than twenty minutes. 6th All street work required by law to be done by the grantee or grantees of said- franchise, his, its or their successors or asslgnsmust be done with the same kind of material, at the same time, and In the same manner, as the remainder in width of the aforesaid streets 6 th All trolley poie-j used In said streets in the constructon of said street work must be located on the Sidewalks immediately adjoining the curb, and must be of iron and of the most approved pattern for street railroad purposes, and no hanging arms shall be used, and the said poles and all the wires used in connection with the exercise of said franchise must be of sufficient height and elovaticn above the ground to avoid obstruction to the ordinary' use of the streets, and must be constructed and erected to the satisfaction of the Board of Fublic Works of the eaid City of Oak- The tracks of the said street rail-read shall be double along and over the following streets: (a) Commencing at a connection with the existing double-track railway of the South Pacific Coast Railway Company, In thu block bounded by Thirteenth, Fourteenth. Webster and Franklin streets, and running thence northerly across Fourteenth ftreet at its intersection with Franklin street to the center line of Pmnklln street, nnd thence northerly along and upon Fr.inklln street to its in- withtim -onir fctrsecurn, wi ing schedule adopted by the t.ity of oak-laud, to illuminate the route of said lranchlse and in so doing, tj furnish a minimum illumination ot one one-hun-dreth (0.01.), candle feet which 1 to bo calculated from certllied photometric curves furnished by the manufacturer of the lamp used. The candle feet from any lamp shall be tlie quotient of thi candle power at unit distance along the given angle, divided by the S'juare of the distance from the lamp. The choice of the apparatus of the lighting system used shall be entirely within the control of the said grantees, its successors or assigns, but the designs of the fixtures required to be Installed shall be subject to the approval of the Board of Publlu Works.

In connection with Its street lighting circuits, tho naid grantee. Its successors or assimis, shalL maintain suitable Instruments which will show that the proper conditions to give the guaranteed illumination are being maintained on its said circuits. The City of Oakland shall have access at all reasonable times to said 'Instruments, with the right to test same, and shall be furnished upon demand with such other or further reasonable assurance that the provisions Of this franchise relating to Illumination are being complied with. At the expiration of the lite of this franchise the grantee thereof. Its successors or a'ssigns.

shall sell to tho City of Oakland or its- successor, at the latter's option, that portion of the physical plant which is attached to the street under this franchise at the cost of the duplicating such physical plant. Independent of any value based on earning iower. By order of the Council of the City of Oakland, dated Oakland. February 24th, 1910' FRANK It. THOMPSON.

City Clerk and Clerk of the Council ol the City of Oakland. By E. F. HOLLAND. Deputy.

NOTICE OF TIME SET FOR PROVING WILL, ETC. In the Superior Court of the State of California, in and for the County of Ala- mfnathe matter of the estate of August Kngelhardt, also known as August red-erick Ludwig Engelhardt, deceased. ro. 14023, Dept. 4.

Notice of time set for proving will. eta. Notice is hereby given that a petition for the probate of the will of August Kngelhardt, also known as August rrederlck Ludwig Engelhardt, deceased, and for the issuance to Charles Besserer of lct-, ters testamentary thereon has-been filed in this court, and that Monday, the 21st day of March, A. D. 1910, at a m.

of said day, at the courtroom of Department No. 4, of said court, at the courthouse in the City of Oakland, In paid County of Alameda, has been set for the hearing of said petition and proving said will when and where any person interested may appear and contest tho r-am Dated March 5. 10 JOHN P. COOK. Clerk-By W.

W. CRANK, Deputy Clerk. WALTER J. BURPEE. Attorney for Petitioner, courthouse, Oakland.

NOTICE OF TIME SET FOR PROVING WU.L. ETC. In the Buperior Court of the County Of Alameda, State of California. In the matter of the estate of Julia K. Kinne, deceased.

of time set for proving will, etc. Notice Is hereby given, tnat a sairpe 'ition Tnd proving said will when and where any person interested may appear and contest the same. Dateu. Marchio. cfOK, CTerk.

By WM. ZAMBKl-XSKY. Deputy Clerk. AtTirne'fojVtuioner. 1102 Broadway, Oakland- NOTICE OF MEETING.

Notice of meeting of Oakland Lodge No 171. Benevolent and Protective Order of Elks of the United States of America, a corporation, to amend its by-laws TCntlee Is hereby given that a meeting ofO- LdKO No. 171. Benevolent arid Protective. Order of Eiks of the United States of Amerha.

a corporation, wl be held at the lodge rooms. Elk. Hall No. 41 Hth street, in the City Oakland Alameda County, State of Cal-frornfa on Thursday, the 24th day of Lllrch' 1910. at 8 o'clock P.

for tha nurnose of amending its by-laws, purpose M. REED, Exalted Ruler. MVRON A. WHIDDEN. Secretary.

1 a VvaCfcT Bfit iMT NOTICE. The stockholders oi estero Heavy Hnrdvarc- and Iron Company era lerebv notified that the annual stockholders' meeting vill bo held March l'l. th Western IJie at p. tneir ornces ui 426 Ninth street. Oakland, Cat.

for the probate of the will of Julia i Kinne, deceased, and for the issuance 'o Vine F. Kinne of letters testamentary thereon, has been filed in this Court and that TuesUay, the- loth day D. 1910, at 10 o'clock A. M. of raid das.

at the Courtroom of Department ISO 4. of saia Court, at the Court House in the City of Oakland, in said County of Ala- I lit? iir- iiiiK same shall be put In only upon the approval of the Board of Publla Works of the City of Oakland. 13th Street cars used on said railroad, when, not in use, shall not be allowed to stand at any place on the right of way granted by this franchise, so as to form In any way an obstruction to free travel jover the streets above named. 14th All cars used on the lines operated by virtue of the franchise hereby granted shall be of modern style and all care shall be provided with modern style brakes and fenders. -15th When the tracks constructed in the streets under the franchise shall occupy space thereon that.

In the opiriion of the City Council of the City of Oakland, it shall be necessary to widen -the roadway of said streets, the expense of setting back the curbs, sewer-traps and gutters of said streets and repairing any damage caused to the sidewalks or driveways across sidewalks by reason of such widening, together 'with the cost of repairing the street widened, Bhall be borne by the grantee of this franchise. Its successors and assigns, and it being the opinion of the City Council that the construction of tracks under the franchise upon Franklin and Jones streets will necessitate the immediate widening of the roadway of said streets, so far as they are covered bv this franchise. It is ordered that the roadway on Franklin street, between Fourteenth street and Twentieth street, over which tracks are to be constructed under this franchise be, widened by setting back the curbs and gutters five feet on each side of said street, and that the roadway on Jones street over which tracks are to be constructed under this franchise be widened by setting back the curbs and constructing said curbs of reinforced concrete between Telegraph avenue and Grove street and setting back the gutters two feet on each side of said street, and that the expense of setting back such curbs, sewer-traps and gutters, together with the cost of repairing any damage caused to the sidewalks or driveways across sidewalks bv reason of such widening and the cost of repairing said streets shall be borne by the grantee of this franchise, its successors and assigns, and the grantee of this franchise. Its successors and assigns, shall complete the widening of said streets and the repair of said sidewalks and driveways and streets, as herein provided, before it shall operate cars over said streets for street railway purposes. 16th No steam locomotives shall be used as a means of locomotion upon the right of way granted by this franchise and above set forth.

17th Firemen while uniform. firemen while in uniform or not when going to or from fires, policemen In uniforms, mall carriers in the employ of the United States Government, at all times while engaged in the actual discharge of their duty, Sand electricians employed by the City of Oakland, while on duty, and having badges or documents showing their official character, shall be allowed to ride free of charge on said railway. 18th The work of constructing said street railway must be commenced in good faith within not more than four months from the date of the granting of said franchise and said work must be prosecuted diligently and completed within eighteen months thereafter, unless the time be extended or the uncompleted portion abandoned with the consent of Bald City Council, or unless the commencement or continuance thereof be enjoined, restrained or prevented by legal proceedings, and in the event of a failure to comply with these conditions, this Ordinance ehall be void without any action of the Council of said City of Oakland, or otherwise. In case of the failure or neglect of said grantee of this franchise, its successors and assigns, to operate jsaid railroad over said tracks in good faith at any time after twenty-two months from the date of the granting of this franchise for a period of ninety consecutive days, unless such operation be prevented by tha act of God, or be enjoined, restrained or prevented by legal proceedings, or the time, extended by the City CouncH, the Council of the City of Oakland may declare the right, privilege and franchise hereby granted to be forfeited and abandoned and said right, privilege and franchise shall thereupon be forfeited and abandoned and said tracks and the poles, wires and appurtenances thereto snail thereupon- be removed from said streets and the portions of said streets occupied thereby be restored to the same conditions as the remaining portions of Ha Id streets and said grantee of this franchise, its successors and assigns, shall forfeit to the City of Oakland the sum of One Hundred (flOO) Dollars for each month that it or they shall fall or neglect to so remove said tracks and restore aatd streets. 19th When the tracks constructed under this franchise shall curve around any jptreet corner, the rails of the curve at such point shall not be laid within 12 feet of the curb of the streets forming the corner; PROVIDED, that the grantee of this its successors and assigns, may add to the width of any street property to naite effective this provision.

Kttuii A ie -graxvtee or tn la rr-anenme, 1 is Treasurer of said County of Alameda, for the full amount of said bid, and no sealed bids shall be considered unless said cash or check is enclosed therewith, and the successful bidder shall deposit at least ten (10) per cent of the amount of His bid with said County Clerk of said County of Alameda before the franchise shall be struck off to him. And if he Shall fall to make such deposit Immediately! then and in that ease, -rfls bid shall not be received, arid, shall be considered as void, and- the said franchise shall then and there be again offered for sale to the bidder who shall make the highest cash bid therefor, subject to the same conditions as to deposit, as above mentioned. Said procedure shall be had until said franchise is struck off, sold, and awarded to a bidder who shall make the necessary deposit of at least ten lu per cent of the mount of his bid therefor, as herein provided. Such successful bidder shall, deposit with said County Clerk, within twenty-four hours of the acceptance of his bid. the remaining ninety per cent of the amount In case he or It shall fail to do so, then the said deposit heretofore made shall be forfeited, and the said award of said franchise shall be void, and the said franchise shall then and there, by said Board of Supervisors, be again offered for sale to the highest bidder therefor, in the same manner, and under the same restrictions hereinbefore and in case snld bidder shall fail to deposit with the -said County Clerk the remaining ninety per cent of his bid, within twenty.