The San Francisco Call. Newspaper, April 20, 1895, Page 16

16 THE SAN FRANCISCO CALL, SATURDAY, APRIL 20, 1895 REPLIES TO STILWELL Engineer Holmes’ Explanation as to the Detective’s Report. HIS VIEWS OF MOORE’S STORY. Numerous Details Given In His Communication to the Grand Jury. Following is the full text of the answer made by Engineer Howard C. Holmes to the c ism passed on him by Detective Stilwell iu a recent communication to the Grand Jury: To_the Grand Jury of the San Francisco—GENTL : accusation contained in the anonyr of Mr. A. S. Moore and the report of Detective Stilwell I desire to submit the following, and will endeavor to answer the statements in the order that they appear in the report submitted to your honorable body: First—The people of the State of California were asked to vote on the issuance of and sale of State bonds to the extent of $600,000 by act of Legislat pproved March 17, 1891, one and a half 3 before 1 was appointed_engi neer of the State Board of Harbor Commission- ers; the estimate of the amount required be- ing made some time prior to this date, conse- quently it would have been impossible for me, ®s engineer of said board, to have made thise timate. This estimate ] am credited with b both Stilwell and Moore ge 23 of the bi- ennial report of the said Harbor Commission- ers for the years ending 1892 and 1894 and marked exhibit 1.) Second—Moore states that in the fali of 1 the Harbor Commissioners advertised for bids for the construction ot the Ur Jepot foun- dation, and on November 21, , the San Francisco Bridge Company deeded to me for & nominal sum & lot on the corner of Green and Bansome streets; also that when the bids were opened Bateman Bros. were the lowest bidder, but their bid was refused for the reason that Holmes declared that they were incapable of doing the work. The factsare as follows: The Harbor Commissioners received bids for this foundation on February 23, 1893, and all bids were rejected because they were deemed 00 high by the Commissioners, 2nd not by the engineer; not that uhey were t00 high for the amount of work to be done, but for the amount of ayailable money in the harbor improvement tund. The pians were then moditied as to the length of foundation, it being shortened some 200 feet, and the depth of comcrete piers re- duced from feet to 20 feet. This was all under my advice (that is, the reduction of the amount of work). Is to purchase from the Anglo-Californian Bank the 50-vara on the southwest corner of Green and sansome streets for the sum of $17,500, subject 10 a lease to the Gray Bros. from said bank, dated June 14, 1892, copy of which lease, and the opinion of F.S.Stratton, attor- ney, as 1o _its bearings upon said foundation contract, I submit—marked exhibits 2 and 3. The agreement to purchase may be found in the real estate office of Thomas Magee, and I also desire to state that he had this lot for sale on October 27, 1892, at the above figure. The manner in which I paid for the 1 be found in the records of the San Fri Bavings Union and the Anglo-Californian Bank. 7 With regards to the cable railroad that Moore refers to, and in which he claims thatIwas the trusted engineer, I desire to state that I had the same holdings in the said road as the £aid Moore, and that he was my partner in the contract, and all profits accruing from said contract, and in all commissions which were derived ‘from sale of machinery, he shared myseli. Furthermore, if the dissatisfied, as_he elaims City and In answe equaily with stockholders we they were, they showed this dissa awarding me another contract in thy lowing the completion of the first. As for the bridge Moore speaks of, the San Francisco Bridge Company had a contra the Spokane Cable Railw b knew said cable Tailwa ex: fending the said San Franci any, | desire to state that the cause of th ridge talling the first time was from the wash- ing out of the false work before completion the sudden rise of pokane River, and on 1at I spent seventy half days and the conduct of a lawsuit, ail. I have no cause netted me about $166 r Commission The r office will show what my mont-street wharf, and rds of the whari is in also show that the Pow s X esyharves ss condition. 1t during m r corporation i employed by that ¥ a disparagin as to my ability. I refer to such people as the a-strect Railway Company, the Po ell-street, the Union-street, and to such men as A. E. Davis, James B. Stetson, Robert ement which Mr. Moore lling the jury of business ing a uni- As to the asphalt pav speaks of, I will lenge him to find & depr sion even one inch in depth, and I stand re to flood the suriace of the said pavement w water for the benefit of the Grand Jury. 1t is & matter of record in the Harbor Com- missioners’ office that I condemned seversl hiundred tons of bitumen before getting satis- factory material for the much-gbused pave- ment, and only accepted the same upon condi- tion that the contractor file a bond to keep it in repair for the period of five years, this not being called for in the contract or specifica- tions. The papers are on file with the board, and can be seen at any time. 1 fail to understand what Moore means when he refers to plestering the piers. Moore says that I, while the trusted engineer of the ab cable-road, drew down rebate on special material. 1 will say here that I was never employed as enginéer for the above railroad, and never received compensation as such. There was no special material, only such as was furnished under the contract and in accordance with the specifications, or on a ercentage basis. All profits end percentages Kioore shared equally with myself. Ii Mr. Seerls refused to be paid for refrain- ing from bidding on the ferry foundation con- tract I fail to see how that affects my integrity. .1 challenge Mr. Charles Paff to show the cracked concrete ar s For the benefit of Moore and Stil on record in my office cement «can produce if required. A to fayoring any particular brand, I think I 2m getting credit for more authority than I am entitled to, as the contracts are awarded by the Harbor Commissioners and not by the engineer. 1 refer you to page 25 of the before-mentioned biennial report, exhibit 1. Moore says in his report he will give you names of other importers later on, whick were from 10 to 20 cents per barrel cheaper than the cement furnished. He has evidently for- gotten to do so. He says that this cement would not pass inspection—with this man Holmes. Well, if it would not the State did not want it. 1 desire to call the attention of the jury to the accompanying specification in answer to this charge, marked exhibit 4. Moore in the next paragraph says: “The engineer’s first estimate and final plans failed to agree”” I will say that said engineer is guilty of neither estimate nor plan, As 10 the estimates, the first was made prior 10 his appointment and the second by a special architect employed by the boa In closing, Mr. Moore s “‘Mr. Holmes has paved the w or the street railroads to easily violate the law enacted by the Legislature pro- hibiting the right of way across the State’s ete. In answer to that I will say that v is wholly & matter which lies with ‘he board and not with its engineer and that it <as thoroughly investigated by the Grand Jury and the board exonerated; if I in com- 1iing three street raflroads to use two tracks nstead of, as prior to my appointment, two railroads were using four tracks—if this is pav- ing the way I piead guilty. In finishing with Moore I desire to state that the jury can undonbtedly see that Mr. Moore stands in the light of & great benefactor, and while he is actuated only by his great interest for the State, desires his name to be withheld, and the Grand Jury entertains an angel un- awares. I agree with Mr. Moore when he says that he was made to lose several thousand dollars through me—that did not belong to him. I will say that he has persecuted me continu- ously for the past three years; has been to my bondsmen, to my employers, to the various newspapers, has sent personal letters to my residence in his attempts to blacken my char- acter, and has prior to this time failed.” This I can prove by witnesses if so desired. I can show by the records of my aceounting suit with Moore that he klamed’ the accounts, and 11 have s, which I zned an agreement on November 9, 1892, | port was as 10 Fre- | ( | Omnibus by means of drafts taken from the American 0il Company, which he took without permis- sion, attempted to force & balance which would have swindled me out of $6000. This I can prove by Mr. William Van Bokkelen, expert ac- countant. 1 think, gentlemen of the jury, the fact that Mr. Moore’s accounting to me was $1950 and I received $9000 according to the terms die- tated by nis own attorney is a story in itself. To be charitable, Moore’s memory is consid- ered very faulty. So much for the public bene- factor. As to Mr. Stilwell, with regard to the much- i 1 think the lease submitted speaks for itself. All of the Harbor Commissioners during my term of office and all the newspaper reporters knew that the lot on Green and Sacramento streets belonged to me and that the rock for the period of three years from June, 1892, be- longed to the Gray brothers and that I had no more control over the same than any member of this Grand Jur; With regard to is, before and after the letting of the contract, I think Mr. Stilwell answers that in the post- seript of his own report, which is as follows: “A. Page Brown, who is acting as architect for the Board of Harbor Commis: tract dated October 6, 1892, states that he drew 1 the plans for the foundation and super- cture of the depot building and has made several alterations in same. He also states that he drew up the specifications, which have been herein before quoted as giving absolute power to the chief engineer. As to m railway at Spokane Falls, I_can produce wit- nesses before this jury to lhe effect that the road was never siopped, except for continual breaks in the faulty water wheel, which was no »art of my contract and was furnished by the {Vashington Water-power Company and over which I had no control, and that the cause of | patriots did not permit their enthusiasm | e estimates spoken of, that | sionets, under con- | Construction of the cable | LEXNGTON ANNIVERSARY, Celebration by the Daughters of the American Revo- lution. VERY BRILLIANT RECEPTION. Guests Entertalned by Descend- ants of Revolutionary Heroes. One hundred and twenty years ago yes- terday the reveille of the American Repub- | lic. was sounded at Lexington and a na- | tion was born. | and gallant patriot, Paul Revere, sum- moned the sonsof liberty to the confiict, and from that day until King George III was forced to acknowledge the United States | of America to be free, sovereign and inde- | pendent States, the band of American The ride of that intrepid | affair were as follows: Reception—Mrs. Wetherbee, Mrs. Maddox, Mrs. Alvord, Mrs. Colonel Smedburg; arrangements— Mrs, William Alvord, Mrs. Keeney, Mrs. Hub- bard; decorations—Mrs. Smedburg, Mrs. Durbrow, Mrs. Holeman; music— Mrs. Wright, Mrs. Tallant, Mrs. Moody; invi- tion—Mrs. T. Z. Blackburn, Mrs. T. C. Branch, Mrs. George Creix. 5 Among those who appeared in colonial costumes were the following: Miss Alice Chipman, court train, light blue brocade, pink satin bodice and skirt, pearl stomacher and white lace bertha. Miss Buckingham, Nile-green satin, green :_m‘i‘ white striped skirt, black lace, white tulle fichu. Miss Alina Priscilla Alden, light blue petti- cort, red pannier, black velvet bodice, White Iace fichu, velvet slippers old silver buckles— copied from old print. Mrs. Charles Gardiner, yellow and black satin, black lace bertha. Miss Church, white silk petticoat and bodice, panniers of figurea silk, white lace. Miss Marfe Voorhies, white satin and chiffon. Miss Fannie Wardwell, light green crepe bodice, brocaded white crépe skirt. Miss Maddox, light pink silk court train, black silk petticoat. Mrs. Elwood Brown, green brocade satin, box pleat back, decollete, pearl brocaded trim- mings, Duchesse lace pertha. Miss Weihe, white satin skirt, brocaded vel- vet panniers, tulle bertha. Among those invited to attend the re- ception were the following: Miss Moody, Mrs, Charles W. Norris, Rev. Mrs. Maynard, Rev, Dr. Chetwood, Mr.and Mrs. C. V. L. Gibbs, Miss Helen Kelleher, Mrs. Francis Shi- rant, Rev. and Mrs. C. B. Church, Mrs. H. D. La- throp, Mrs. Willlam Alvord, Mrs. Abbie Richard- SCENE AT THE OCCIDENTAL. [Sketched by a “Call” artist.] W7/ e g 5N i the tearing up of said road with & more mode w ich we know bei vith one of the d, namely, the was to replace it . an electric road, day w le ¢ et branch of the I can cite the ble road, and State Harbor Commissioners in his report states that the s made jud all material 1will say in answer to that itis a stereotyped form which has been in all specifications from | time immemorial, and if the chief engineer is not judge of this who should be? 1 will suy furthermore that no extra bill or charge has ever been made without the sanc- tion of the board. I note what Mr. quality of rock,and would say in &nswer to that that the quarry is open to inspection, and that the Grand Jury can satisfy themselves as to the amount of clay and dirt it is possible, if so desired, to mix with the rock. 1 claim if it was never separated the percentage would be very small. Mr. Marsden Manson says thathe built sec- tion 8A of the seawall with' broken basalt rock and cobbles. I would like to ask Mr. Manson ifitisnot a fact that mostof the cement did not have to be broken in & like manner? makes the voluntary state- ias never passed an opinion on the rock on Telegraph Hill, and does not know the location of the Holmes-Gray Bros. quarry With regards_to the cement, it is what is known as the Gillingham, a well-known stands| ard brand, and has been Colonel George H.Mendell, United States Exi- gineer, and Herm chussler, engineer of the Spring Valley Water Company, who used it al- most exclusively for the dam at Crystal Springs. Five thousand barrels of this cement xtensively used by was used in the gas retortat Black Point by | President Crockett aud Chief Engineer Jones of the San Francisco Gaslight Company. 1 wiil say here that it is curious to_note that the comparative tesis made by Lieutenant Kuhn were all between the cement of J. W. Grace Company and the Gillingham. From the fact that J. W. Grace Company are sup- posed to be & business firm and_weil ‘up as to the methods and forms of bidding on material in the various city and Government oflices, was the onl. who bid in direct opposition blank on 10 the terms of the specifications an forms furnished by the board, and who must have known that the same was illegal and could not be considered. It seems to me that it is & question of “sour grapes.” Furthermore, 1 will say that the cement tested by Lieutenant Kuhn was taken from a barrel of cement which had been opened and exposed to the rain, and conseqently damaged, and that Stilwell’s agent, in_obtaining it, was obliged to dig the same out of the said barrel in order to obtain the sample. ‘We have on storage iu section 3 of the sea- wall some 13,000 barrels of this cement, deliv- ered under the second contract, the same hay- ing been on hand some four or five months. T'invite the test of this cement by the Grand Jury, but prefer the sample to be selected by others than private detectives. A to the question of opening barrels and re- moving portions of same, I will say before the same could be done J, D. Spreckels Bros. & Co., MecNab & Smith and the State’s Inspector and Cement Clerk would all have to be in collusion with the Gray brothers. As for Mr. Stilwell’s conversation with Con- tractor Mattingly, I refer you to Mr. Mattingly's voluntary letter to me, which I herewith sub- mit & copy of, marked exhibit 5. T must say that I admire Mr. Stilwell’s con- sistency, that while branding me as incompe- tent, he is willing to adopt my suggestions, as communicated to Mr. Jordan of the CALL, for testing the arches and viers with a weight not Jess than five times that which it will ever be called upon to beer. I will go him one better and sy that 1 am willing, at any time, to_have 8 15-ton steam wagon concentrated on a roller 3 feet in diameter and 5 feet long, rolled over every part of the foundation. In conelusion I may say the work s at pres- ent being thoroughly investigated by two of the most capable engineers on the coast, namely, Professor Frank Soule of Berkeley and Professor Charles D. Marx of Stanford Univer- sity, and I assure you that I am willing to stand or fall by theirreport. Respectfully sub- mitted, HOWARD C. HOLMES, Chief Engineer of Board of State Harbor Com- missioners, 215 Cents Per Set, Decorated. These beautifully decorated breakfast and lunch sets will be sold for a short time at all GREAT AMERICAN IMPORTING TEA COMPANY'S STORES. Those in want of crockery, chinaware or glassware will do well to visit our stores and get posted on our prices, Newest and prettiest dee signs, shapes and decorations. oot it s i THERE is an article on this market seldom equaled and never excelled—Jesse Moore Whis- key. Moore, Hunt & Co. guarantees its purity.” ge of the quality of | tilwell saysinregardto the | | to subside or their valor to abate in the | slightest degree. In commemoration of the battle of Lex- ington Sequoia Chapter, Daughters of the American Revolution, assembled yester- day afternoon and evening at the Occi- dental Hotel, and from 4 o’clock until 7 entertained their guests, among whom were the officers and members of the Cali fornia Society Sons of the Revolution, offi cers of the army and navy and citizens of prominence. It was an event that caused to be re- corded many stirring incidents of the | bravery, sufferings and soldierly qualities of the characters that helped to form the history of our country, and, as nearly all of those who participated in the reception vesterday are lineal descendents of Revo- Iutionary sires, they were proud to display their honorable heritage. | _California, though more than 3000 miles distant from the birthplace of American liberty, is entitled to the distinction of planting the seed from which has grown an organization now numbering thousands of members and having an existence in al- most every State in the Union. The Cali- fornia Society of the Sons of the American | Revolution is the natural parent of the | Daughters. It was the first body in incep- tion, institution and organization to unite the descendants of Revolutionary |rntri0ts and perpetuate the memory of all those who took part in the American Revolution { and maintained the independence of the United States of America. | Early in 1891 Colonel A. S. Hubbard and | Henry MacLean Martin met at the resi- | dence of Mrs. General D. D. Colton, :n this | city, and proposed a plan by which there | might be formed an auxiliary to the Sons, to consist of women of the age of 18 years | or more, who could prove lineal descent | from ancestors of unfailing loyalty, who rendered material aid to the cause of inde- lpundem:e, as recognized patriots, as sol- diers or sailors, or as civil officers in one of | the several Colonies or States of the United | Colonies or States. Thus was the first im- | pulse given to the organization of the | Daughters of the American Revolution. | The soil planted took immediate root. | Mrs. Henry MacLean Martin, Mrs. Leland | Stanford, Mrs. A. 8. Hubbard, Mrs. D. D. Colton, Mrs, William Alvord and other prominent public-spirited and patriotic | ladies met and organized Sequoia Chapter, | which has steadily grown until to-day | there are borne on the rolls of the Daugh- | ters the names of many of the most distin- | guished ladies in the Union. | Indeed, the subject attracted so much atlention that a bill was passed by the Fiity-second Congress April 5, 1892, incor- orating the National Society of the Maughters of the American Revolution. Among the incorporators were: Benjamin Harrison, Mrs. Henry V. Boyn- ton, Mrs. A. W. Greely, Mrs. F. O. Saint Clair, Mrs. John W. Foster, Mrs. Roger A. Pryor, Mrs. Stephen J. Field, Mrs. A. Howard Clark, Mrs. Henry Blount, Mrs. Francis M. Cockrell, Louise Ward McAl- Jister, Marie Devereux, Mrs. A. 8. Hub- | bard, Mrs, Simon Bolivar Buckner, Lucy Grey Henry, Elizabeth Blair Lee and others of prominence in the history of our country. The society was incorporated to develo) an enlightened public opinion and to af- ford young and old such advantages as to develop in them the largest capacity for performing the duties of American cit- izens; to cherish, maintain and extend the institutions of American freedom; to foster true patriotism and love of country, and to aid in securing for mankind ail the blessings of liberty. The national society was formed with Mrs. Benjamin Harrison as president-general, and on her death she was succeeded by Mrs. Adlai E. Stevenson, who, in turn, was succeeded by Mrs. John ‘W. Foster, incumbent. The reception yesterday at the Occiden- tal was the most successful affair yet con- ducted under the auspices of this rapidly growing organization. The decorations of the ladies’ parlor, where the Daughters re- ceived their guests, could not have been better or more in_keeping with the spirit of the occasion. Excellent music was fur- nished by an orchestra stationed in the flag-draped hallway, while within the la- dies served refreshments to their callers from a table set in a tent of blue and white bunting. The committees having in charge the | | | son, Mrs. Hattie Martin, General and Mrs. W. H. L. Barnes, Mr. and Mrs. de Lalande, Mrs. L. H. Smith, Prof. Frank Morton, 8. Worthington Hub- bard, L. C. Branch, Mrs. Z. B. Blockam, Mrs. C. Keeney, Mrs. R. Wallace, Mrs. Benjamin Lane, Mr. and’ Mrs. J. S. Morton, Mrs. Irving M. Scott, Miss_Alice Scott, Mrs. Walter L. Peck, Mis. . C._ _de Greayer, Mrs. C. L. Taylor, Mrs. Willlam H. Jardine, Mrs. Dr. Bucknall, A. A, Mrs. Heywood, Mrs. Isadore Burne: Wright, Dr. and Mrs. T. Dunn, Mrs William T. Mary Lake, M Smith, Mr. and Mrs. liott, Mr. and Mrs. W fe Smith. the Misscg Wood, Mrs. William ~or- ris, Mrs. C. Ashe, Mr. and Mrs. Paul Jarboe, Gen- am Beers, eral Dimond, Mrs. Lucy Otis, Mrs. Ii Mrs. W. B. Healey, Mr. and’ Mrs. W) Donald, Mrs. B, Bruner, Mrs. Willlam R. Thompson, Miss Buckbee, the Misses Mrs. Charles Bishop, Mrs. Dutton, Miss Coultier, Miss Ashburner, Mrs. J. M. Cunningham, Mrs. Clements, Mrs. C. E. Neilson, Miss Mary Bates, Mrs. T. B. Stubbs. Miss Winthrop, Miss Sargent, Mrs. Sarah B. Cooper. Miss Cooper, Miss E. Bor: den, Mrs. J. F. Bowman, Mrs. J. Neal, Mrs. Thurs- ton, Mrs. Thomas R. Church, Mrs. Morton Git Mrs. T. Gardener, Miss R. G. Bonestell, Miss N Mrs. B. W. Stone, Miss Cole, Miss N. R. Mr. and Mrs. Buckingham, Mrs. Giliespie, Miss House. Dr. and Mrs. Keeney, Miss Hamlin, r. and Mrs. Van Ness, Mr. Vi Frank Ven Ness. Mr. and Mrs. J. D. Fry, Mr. and Mrs. Robert Fry, H. J. Spotts, Mrs. Moody, Miss Wently, Bishop and Mrs. Nichols. Rev. and_Mrs. Walker, Rev. and_Mrs. Mackenzie, Dr. and Mrs. Gibbons, Judge and Mrs. ' McKinstry. Judge and Mrs. McKenna, Judge and Mrs. Wal- iace, Judge and Mrs. Beicher, Professor David Starr Jordan. Professor Martin Kellogg. Judge and Mrs. McKusick, Professor and Mrs, Soule, Mr. and Mrs. Loughborough. Dr. and Mrs. Paimer, Mr. and Mrs. Dunbar, Dr. and Mrs. Keeney, Dr. ‘and Mrs, McNutt, Miss Dickinson, Miss Marian Johnson, Mrs. P. B Morton, Mrs. Charles Catherwood, Mrs. A. G. Booth, Mr. and Miss J. H. Jou' ett, Mrs. Aldrich, Mrs, Judge McFarland, Mrs. E. B. Holloday, Miss May Macado, Misé C. Kip, Thomas P. Madden, Senator and Mrs, J. P. Jones, Mr. and Mrs. George A. Rankin, Walter Dennison, Mrs. J. F. Swift, Mrs. Moses, Mrs. Meyer, Mrs. W. C. Brown, Miss Eisen: Cap’ tain H. L. Howison, U. 5. N., Captain A. 8. Barker, U. 8. N., Commander B. H. McCalla, U. 8, N., Lieu’ tenaut-Commander F. M. Symonds, U. . N., Lien- tenant George M. Stoney, U. S. N., Licutenant W. E. Sewell, U. S. Ensign §. S. Robinson, U. 8. N., Enslgn G. R. Slocam, U. S. N.. U.S.N.; P A Chief Engineer George T, Kutz, > Fngineer Solon Arnold, U. 8. N.; Paymaster H. T, Skelding, U. 8. N.; Surgeon_G. P. Bradley, U, 8. N.; Major P. G. Fope, U. 8. N.: "Caprain 0. (. Ber. ryman, U. 8. icutenant C. M. Perkins, U. S. N.; Lieutenant H gineer Emil Theiss, Flliot Snow, U son, U. S, Lieutenant J. F. Bee, Evan Miles, U, 8. A. Hunter, U. 8. A.: Kimball, U. 8.’ A.; Lieutenant-Colonel Johnson D. Middleron, U. S, A.: Lieutenant-Colonel John J. Rodgers, A.; Captain Morris, U. 8. A.: Lieu- tenant Peyton C. Much, U. 8. A.; Captain Eibridge R. Hills, U. 8. A.; Captain Henry J. Reilly, U. 8. A.;_Captain Frank Thorp, U. S. A D. Miles, U. 8. A.: CaptainJ. J. O' Captain W. L. Knudler, U. 8. A.; Captain George W. Croft, U. 8. A.: Major B, P. Pope, U. 8. A.; Colonel W. R. Shatter, U. S. A.; Captain H. E. Mc- Vey, Captain J R. Brinckle. The boy is father to the coming man. Placate miniature and lords of creation by latable food, evolved by Dr. Price’s ‘ream Baking Powder. e A Broad Injunction. Judge Troutt yesterday granted a temporary injunction which ties up the business of the Golden Gate and Sulphuret Mining and De- velopment Company. The injunction was issued in the suit of Charles J. Behlow, vice-president of H. Liebes & Co. Tt was directed against Jacob A. Fisher, the Consolidated Golden Gate Mining and De- velopment Company, Manrice Hershfeld et al. It restrains them particularly from withdraw- ing any moneys deposited in the Nevada Bank or Wells, Fargo & Co.’s Bank, or elsewhere in the name of &e corporation named. No Cause of Action. Judge Daingerfield yesterday made an un- usual'order, sustaining the position of both sides in a suit. J.J.Rauer had sued Justice’s Clerk E. W, Williams in a matter of fees. When the matter wab brought into court it wasfouud that, contrary to the usual custom, both plead- ings'were true. There was no ifsue of fact, both litigants admitted as much, and an order was made to thai effect. Judgment was inci- dentally given to the defendant for his costs. e —— MARk Hopkrxs Institute of Art Annual ggnng Exhibition. Open daily. Admission, cents. —_—————— In Mexico two substitute jurors sit near the jury-box ir: a trial. If one of the reg- ulars falls ill a substitute takes his place and the trial proceeds. —————— You need printing or binding? Tel. 5051. Mysell & Rollins, 521 Clay. ! SENATOR GESFORD TALKS, He Warmly Eulogizes the Men Whom Mr. Daggett De- nounced. MEETING AT LOS ANGELES. United States Senator S. M. White Takes a Hand In the Mint Muddle. Senator Henry C. Gesford of Napa was in town yesterday lookirg after his contest for the insurance commissionership. He also had a long conference with leading Democrats in regard to the action of Su- perintendent of the Mint Daggett. Senator Gesford says that if he had thought there were any strings on the place when Mr. Daggett gave his sister a position in the Mint he would not have accepted it. He had considered that that much recognition was really due him in consideration of his services in behalf of the party, and had asked for the place with that idea in view. He had never promised to vote for Mr. Daggett for United States Senator, and had he known he was ex- Egcted to do soin return for the place given is sister, would not have allowed her to accept it. He said yesterday: My name was the first on the list of those agreeing to & caucus. This withdraws me from the number of those whom Mr. Daggett condemns as acting contrary to the nsages of the Democratic party in that respect. Since er was removed from her position, and cal reasons, it must be, therefore, that ed as un-Democratic together with the other six men who refused to cast their votes for Mr. Daggett for United States Senator. Now, when Mr. Daggett impugns the De- mocracy of such men as Senators Whitehurst, Biggy, Burke, McAllister, Mathews and Fay, then there must be something wrong with his Democracy. I say this unhesitatingly because these men were always stanch and untiring supporters of the platiorm of the Democratic party and the welfare of the people. They worked for terminal facilities for the valley road. They worked against the strectcar bill, the anti-scalpers’ bill and other infamous Southern Pacific measures. They withstood powerful influences, t00, in thus acting up to the promises of their party piatform. 1f they are now classed as un-Democratic by Mr. Daggett, I am glad to be considered of the same kind. They are men with convictions and with the courage to support these convic- ever be counted with tions, I trust I shall Democrats of this order, even though they are not those with ‘whom Mr. Dag- gett trains, and whom he rewards with places. Mr. Gesford said that Mr. Daggett had spoken to him about the contest for the United States senatorship. Mr. Daggett had remarked that if the Legislature wanted to confer that honor upon him, he would appreciate it. He had never asked Mr. Gesford to vote for him though. Though Mr. Daggett had not asked Sen- ator Gesford to vote for him, his friends had gone to Mr. Gesford asking how he thought Mr. Daggett would stand in a cau- cus of the Democrats. His answer had been that he thought Mr. Daggett could not secure the caucus nomination, and he advised the gentlemen that they had bet- ter withdraw Mr. Daggett’s name. “You see,” explained Mr. Gesford, ‘“the last Presidential campaign and also the State campaign were conducted on radical au!i-mono%oly, anti-railroad platforms. Though Mr. Daggett ' was appointed through the influence of Senator Stanford, a Republican and the president of the Southern Pacific Railroad Company, and in distributing his patronage had recog- nized only the friends of the railroad and the hold-over Senators who might be able to vote for him, yet he wanted us to put him forward as the representative of the Democratic party. This would be a vindi- cation of all his past delinquencies. Butit would have been made at the expense of the part; “Why,” explained the Senator warmly, it (heie islature had been wholly Demo- cratic, and if Mr. Daggett had been backed by the patronage of a dozen mints, he could not have been elected United States Senator any more than ex-Queen Liliouka- lani of the Sandwicn Islands. “I want you to understand,” Mr. Ges- ford continued, “that it is not the loss of a place or two that has moved me. Itis the principle involved. 1 am objecting to representative Democrats being punished for doing what they consider their duty and acting for the interests of the De- mocracy instead of the interests of a man who has shown that he wanted to buy their votes with patronage. T feel certain,” Mr. Gesford said, in conclusion, ‘that Daggett wanted this complimentary vote only as a stepping- stone to the governorship in three years from now, or the United States senator- ship in the future. He has prostituted the Eatrounge of the Mint to his private am- itions. W hen he met men with backbone enough to thwart his plans he grew mad, and like a boy began to ‘ get even.’”” ‘What the result of the agitation now be- ing made will be is as yet uncertain. It is quietly progressing, however, and Demo- crats are interested from one end of the State to the other. ‘Word was received by a local politician from Senator John R. Matthews of Los Angeles yesterday that he had been in conference with United States Senator White and State Senator Fay on the mat- ter. The Senator further stated that an urgent letter had been sent to Washington in regard to the affair. Dispatches indicate China’s marines are desirous of improved air ships when con- fronting their virile foes. No baking pow- der equals Dr. Price’s in enduring quali- ties. PARK MUSIC ON SUNDAY. A Particularly Interesting Number Will Be the ‘“Preludes’ of Franz Liszt. The principal feature of the programme of the Golden Gate Park band for Sunday will be the “Preludes’’ of Liszt. It is a musical sermon in its way—*‘philosophy set to music,”’ as poetry has been de- scribed. The programme is as follows: 1. March, Bavarian o -Shrek aughter of the Regiment™. ... Donizetti W Vienna Girls”". Ziehrer 4. Patrol, Turkish. “Michaelis 5. Les Preludes. . . Liszt DESCRIPTIVE. “What isour life other than a succession of pre- ludes (0 that unknown song, whose first and most solemn note Death sounds? Love is the radiant ‘Aurora of every heart, but is it not destined that the first pleasure of happiness shall be interrupted by the violence of storins, whose harsh breath dis- pel hus cherished illusions, destroy his shrine with deadliest lightning, and who in his innermost wounded soul seeks not willingly, after such dis- tinction, the lovely quiet of couniry life to lull his recollections? Nevertheless, mati bears not long the perfect rest in the midst of the softest of na- ture s voices, and when the stirring storm signal resounds he hastens, however hot may be the fight that calls him to the ranks of the strife. To the most perilous post he come into the thickest of the field ugain, with clear conscience and in full pos. session of his faculties.” 8. Overture, “Ruy Blas” . Waitz, “Pesther”. .. 8. Paraphrase. “Fruehungsiied” 9. Fantasia, “Traviata”... & 10. Galop, “The Storm of Le Bourget" Considerable complaint has been made that most of the music under Herr Scheel’s direction has been rather too classical for popular appreciation. iy e The Car Accountants. The members of the International Car Ac- countants’ Association returned to the city yes- terday from Monterey. They stopped atSan Jose on the way and were driven about the city in carriages by the citizens and shown the prinei points of interest. Yesterday after- noon they were taken for an excursion on the bay in the tug Fearless by the Half-million Club and given a reception atthe Pacific Yacht Club house at Sausalito, when addresses were made by Henry E. Highton and Superintend- ent Daggett of the Mint. President Osborne of the Association responded. To-day the mem- bers will devote to seeing the sights of the city and will leave in the evening at8 o'clock in their special train for Portland in charge of William McKay of the Southern Pacific Com- pany. B ————— WELLER-PIXLEY ADOPTION. The Babe in Court and the Formal Adoption Ordered. Herbert ffarrington Weller was born on February 19, 1892. By an order of the court he became Herbert ffarrington Pix- ley yesterday afternoon. The baby’s mother, Mrs. Fanny M. Wel- ler, was brought up by Mrs. Pixley. She went to school from the Pixley home and was married there. The baby, who is now a bright and beautiful child, was born in the old Pixley house, at Fillmore and Union streets, and during the greater part of his short life has made it bright by his presence. Mrs. Pixley grew to love the child as she had loved its mother, and wanted to formally adopt it. The parents, recogniz- ing thai their bo; prospects would be greatly advanced in this, acceded to the proposal, but at the last moment the mother’s love prevailed, and the adoption was postponed. 2 Yesterday, however, all_the parties met in Judge Coffey’s court. Frank M. Pixley lad agreed to his wife's adoption of the boy, and Herbert Bird Weller and Fanny M. Weller. the parents, signified their willingness for tfie order to be made. Thereupon the order was duly given, and the parties assumed their new relationship without changing materially the old. In speaking of the matter Judge Coffey said the peculiarity of the *“ff” in the boy’s middle name is accounted for in the fact that he is a descendant of a very old Eng- lish family which has always spelled the name in the very old English way. —————— No end of good thingscan be prepared with Dr. Price’s Baking Powder. And then it works so quickly. WAS NOT IN G00D FAITH The Demand Which Was Made Upon Oceanic Steam- ship Directors. Arguments Upon the Law In the C. A. Spreckels’ Mandate Proceedings. The greater part of the day was takenup in Judge Seawell's court in the argument upon the matter of C. A. Spreckels’ man- | damus proceeding against the Oceanic | Steamship Company yesterday. | The original affidavit filed by C. A. Spreckels was demurred to upon many grounds and a new affidavit was filed in its place. It alleges that J. D. Spreckels is the president of the Oceanic Steamship | Company and the others are directors, Claus Spreckels having been added to the | directory on January 25, 1895; that the cap- | ital stock is $2,500,000, divided into 25,000 shares, of which complainant owns 3600; that he is the largest stockholder; that the directors refused to call an annual meeting of the stockholders for the election of di- | rectors; that the time of the directors ex- pired on January 21, 1895; that a demand was made on March 15 upon the directors to call the meeting; that the purpose of re- fusing to do so was to prevent him from having representation. TUpon that showing an alternative writ of mandate was issued directing J. D. Spreck- els, Charles Goodyear, A.L.Tubbs, A. C. Tubbs, Claus Spreckels, C. M. Goodall and A. B. Spreckels, as directors of the Oceanic Stearnship Company, to either call a mest ing of stockholders for the election of directors to serve for the current year, or to show cause why they should not do so. To the affidavit upon which this writ was issued, the defendants demurre.’, say- ing that it did not state facts sufficient to constitute a cause of action. It was upon this issue the argument of yesterday was based. & In the opening argument Mr. Shortridge, for the directors, called attention to the facts the affidavit alleged that a demand had been made on March 15 on the board of directors to call the meeting, and the proceeding was commenced on March 23. “We take the position,” he said, “that the affidavit does not show the demand was made in good faith, and we deny that an earnest demand was ever made upon the directors to call the meeting. It was at most a simulated demand made only for the purpese of putting the machinery of the courts in motion. “The affiaavit shows on its face thatin- sufficient time elapsed after this simu- lated demand before the commencement of this proceeding; there is no showing that there was, between the 15th and the 23d of March, a meeting of the board of directors, nor that at such meeting the demand was received, considered or refused.” C. A. Spreckels was a stockholder at the time of the annual meeting, and could not uestion the acts of the directors regarding the meeting. The contention of the other side was out: lined by Mr. Cole in his opening remark: “This is an action in mandate.” he said; “a proceeding provided for whenever there is not a plain, speedy and adequate remedy at law. The law will presume that the plaintiff was a stockholder—" Judge Seawell, stoplpin the speaker, said: “‘As a matter of pleading I do not see how Icould hold to any such presumption, especially as this affidavit has been amend- ed once before.”” Continuing, Mr. Cole sought to show that the directors and only the directors could call the meeting he wanted. No decision was rendered, Judge Seawell stating that he would take the matter un- der advisement and render his decision on Tuesday. R The Foresters’ Picnic. The Foresters have sold 6000 tickets for a gcnic they are to give at Schuetzen Park, San afael, on May 30. There are over 10,000 mem- bers belonging to the order in San Francisco. Charles 8. Kapp, chairman of the committee on arrangements, says that 126 wholesale mer- chants have contributed prizes, some of which télie_ ggrlh $75. Their total value reaches nearly 500. Recipe For a half hour of solid enjoyment : Take an easy chair, the latest paper and a MANTELL Cigar (with the tiny tag on). “Use as directed.” Never known to fail. All druggists— and all other cigar deal- ers. NEW TO-DAY. ‘Health and Beauty, Youth and Lovg, It takes a woman to know a woman, UITCURA. (TRADE MARK.) A Scientific Discovery by a Woman to Cure Women. Women of Al Ages, Attention! MME. M. YALE, Queen of Beauty, who has lectured in all of the prominent cities of the world before vast audiences, and has been pronounced by all newspapers to be the most perfect woman in form and feature now living, speaks to the women of the world and confesses to them that the secret of her beauty lies in perfect health—and the secret of her health lies in the use of her own remedies. Among them—Fruitcura—her great and wonder- ful tonic for curing all female ailments and building up the system. Fruitcura restores all weak organs to perfect health. Itcures the many complaints of women that only women know of. It restores the vitality, makes the eyes bright, the step elastic, and brings the bloom of health to the faded cheek. It renews the nerve tone and makes the flesh firm, hard and velvety. In fact its use is the royal road to perfect health and beautiful womanhood. Itcures their complaints and nervous troubles of any nature and revives the vitality which is lacking in all such cases for women of all ages. A discovery by a woman to cure Price, $1 per bottle; 6 for §5. At druggists or by mail. women. YALE, Health and Beauty 146 MME. M. specialist, Yale Temple of Beauty, State street, Chicago. REDINGTON & CO., Wholesale Drug- gists, San Francikco, are supplying the Pacitic Coast with all my remedies. DO YOU WEAR 'EM? If you wear per- cale and outing Shirts, this con- cerns you. The new line for Spring '95 of the STANDARD Brand are crack-a- jacks for style and conscientious make up. And they are a home product— that’s something, too. And, quality considered, they are the lowest in_price —that’s a good deal. Your dealer has them--they all have. Manufactured by Neustad- ter Bros., San Francisco. W, 1S THE BEST. FIT FOR AKING, 5, SCORROYAN. 45359 FINE DALF &KANGARDR, $3.59POLICE,3 SOLES, 48092 wnnxmsmg,(s_ -EXTRA FINE- : BEOCKTONZMASS. Over One Million People weer the W. L. Douglas $3 & $4 Shoes All our shoes are equaily satisfactory They give the best valuo for the money. * They equal custom shoes in style and Their wearing qualities gre unsurpassed. The prices are uniform,sa= on sole. From $1 to $3 saved over other makes. 1f your dealer cannot supply you we can. Sold by B. KATSCHINSKI R. PAHL - JUS. KOHLBECHER SMITH’S CASH STORE. 412 Stockton St. 149 Mission St. -Golden Gate CLOSING OUT FURNITURE. SAMUEL BEAL FURNITURE (0., 741l MISSION ST. 00DS NOT SOLD BEFORE APRIL 23 WILL be offered at aaction on that day.