The San Francisco Call. Newspaper, May 31, 1895, Page 14

14 THE SAN FRANCISCO CALL, FRIDAY, MAY 31, 1895. ATKEN AS A PODH - BAH, His Connection With an In- volved Lawsuit Causes Comment. INTERESTED ON BOTH SIDES. A Judgment Said to Have Been Ob- tained Before Judge Murphy by Collusion. A peculiar legal transaction has been brought to light in the case of F.O. Rob- bins against A. Haskins. It shows John | R. Aitken, ex-Superior Court Judge of San | Diego County, acting as plaintiff, as at- torney for the defendant, and also asat- torney for the plaintiff in the same case. This peculiar multiplication of functions he obtained through the assistance of friends. and an investigation will be asked for by Attorney Savage, who will call the matter to Judge Murphy’s attention. | Mr. Haskins took the contract of putting | down a bituminous pavement between the | sireetcar tracks on Twenty-second street. The work amounted to $4013 30. This sum was to be due sixty daysafterthe completion | and acceptance of the work. The company paid Mr. Haskins at different times sums aggregating $1150 as the work progressed. The company also furnished him $35 worth of material. This left $2328 30 due on the work. | Haskins bought his materials from the | Standard Asphalt Company and the Wood, Slade & Thayer Lumber Company. | At the completion of the work hegave the Jumber company an order on the Market- Railway Company for $1512 67. was on January 2. To the Standard It Company he gave two orders aggregating $743 57, one of which was | dated Deccember 1 94, and the other February 13, 1395. On February 25, 1895, he -ave to C. W. Fox, a money-lender, | an order for $700 on the sum coming to | him. This made the total of orders amonnt to | $2056 24. There was only $2328 30 with | which to pay them, but as the discrepancy | was so slight the creditor firms felt no n eas about coming to an understand: ing in the matter. They felt so secure | that their claims would be paid that they | allowed the statutory thirty days within | } y could file liens to pass. Then | jud were_surprised to hear that a given in favor of 8 had been Robbins against the What was more Robbins had 1 attachment on what due Haskins, and | the only thing that prevented his getting | the money was the fact that the ratlway | company declared it was not due becau: had not elapsed since the com- pletion of the contract. As this new turn of affairs would leave men_only $1689 04 with which their claims for 24, they be- 3 30 for $11 an | gan to look out for their interests. They | ket d iite understand how the muddle | bout. But soon A. P. Newburgh, | who had his headquarters in the office of | Jobn R. Aitken, quarreled with his su- perior over the way that gentleman had | conducted Mr. Newburgh’s case against Captain Douglass. He has made the par- ticulars of the paving contract litigation known, and as a result the firms sanl ing the material employed in Mr. Hasking' job may receive a sum approximating the | amount due them. Mr. Newburgh was seen yesterday and | explained his connection with the Has- cins affair. He began by explaining that had been allowed to make his head- | quarters at the rooms of Judge Aitken and | that he had at times been able to be useful | to that gentleman. ““Mr. Aitken is the attorney for Mr. Has- | kins,” he said. ‘‘Fe now represents him | in two cases, prosecuting a suit for $50,000 damages for libel ainst 2 man named Jordan, and defending a case in which Mr. Haskins was sued for $600 Crossman | “Mr. Aitken came to me one day and | said he had a note for $500 against Has- ki hich he wanted to collect. He also had four other claims against Haskins. These, he told me, he would put in one claim and have the whole transferred to F. O. Robbins. He explained that as he w attorney for Haskins he had to do this as he could not very well act as plaintiff against his own client, neither could he, with very good grace, represent that client in a suit” which he was compelled to bring against said client, so he got me to take | charge of the case. ‘“We drew up the complaint jointly. He did part of the work and I did part. If no answer had been filed to the complaint inside of ten days the case would have one by default. But if we letit go that ong the other creditors might have got wind of the case and attached too, so I asked him why, since he represented Has- kins, he did not enter a confession of judgment at once and so get his money. “He told me this would look too rocky. But, just the same, he prepared an answer within three days aiter the filing of the complaint, in which all the allegations of the complaint were admitted. ““As 1 was ostensibly prosecuting the case he could not very well appear as the | defendant. So we went to Maurice Grad- wohl, who has an office in the same_build- ing, and Mr. Aitken asked him to sign tie answer, thus getting Gradwohl to appear | for H. ns. “Mr. Gradwohl, of course, knew nothing about the intricacies of the case, Still he | was a neighbor and he consented to do as he was requested by Aitken only on condi- tion that he should be authorized by Has- Xins to sign the papers. “Upon this Judge Aitken introduced | Mr. Gradwohl to Mr. Haskins. Mr. Has- kins told Mr. Gradwohl that he understood | the significance of the answer and wished it filed. Mr. Gradwohl then signed itas | attorney. H “But he would not go to court, though. ‘We bad to file the answer ourselves, and upon the strength of it we received 2 judg- ment and afterwards levied an execution n the money due Haskins from the arket-street Railway Company. ““When my case against Captain Doug- lass came up before Judge Croezinger, Mr. Aitken, acting as my attorney. conducted { @ ‘circus lemonade prosecution.” By this I mean to indicate in figurative language the intense degree of its weakness. “It looked to me as if Aitken had been ‘caved down the bank’ by the police influ- ence. Smarting under my sense of injury, I quarreled with Mr. Aitken and left that gentleman'’s office. “Before going, Mr. Aitken demanded that I sign an order of substitution of at- torneys in the case of F. O. Robbins vs. A, Haskins. This I refused to do until I had been paid for my services in the case. Mr. Aitken then served upon me papers de- manding that I retire from the case and allow John R. Aitken to act as substitute.” A notice of intention to make such a mo- tion before Judge Murpbg. by whom the case was tried, was signed by Mr. Robbins. ¥ a man named | | the plaintiff in the Robbins case. | name of Mr. Newburgh, he asserts, was | fectly justifiable. | $3000 was due. | Haskins for sums amounting to $100 more |n your connection with the office of John R. Aitken Esq., under whose directions and in- structions and while connected with his office only, you were authorized to proceed or take action herein, has ceased end determined, and that you have no authority to_appear or act as attorney except in subordination to and under the instructions of said John R. Aitken Esq. An affidavit of F. O. Robbins was also served upon Newburgh. In this Mr. Rob- bins declared he retained Aitken to attend to the case and further: That said John R. Aitken has at all times since he was retained herein had the entire management and control of said action, and of all proceedings in connection therewith, and has prepared all papers and directed the course taken herein. That at the time said action was commenced, A. S. Newburgh was connected with the office of said Aitken in the capacity of clerk, and in said capacity filed and served papers and took such other action in connee- tion with the business of said Aitken as said Aitken directed him to do. That one of the causes of action set out in the complairt herein was a note given by defend- ant to said Aitken, and by Aitken indorsed to affiant. That because of the note aforesaid, said Aitken did not desire to appear herein as an attorney of record, but caused all of the papers to be filed with the name of said Newbureh, his said clerk, appearing thereon as affiant's attorney. An affidavit by John R. Aitken completed the literature in thls matter. In it Mr. Aitken says he prepared all the papcrsngr e employed merely because he (Aitken) did not wish to appear as the attorney of record. He saysalso that it was under- stood that Newburgh was to receive no fee or compensation other than the use of his (Aitken’s) office and its accommodations. The time allowed for serving these pa- pers was shortened by Judge Murphy at the request of Mr. Aitken from five days to one day. The papers were served on New- burgh, and though they thus became a partof the record of the case, they have not been filed in court. Becoming of record they would have been open to ex- aminafion by the other atsorneys, who wonld have discovered that Mr. Aitken had obtained the judgment which so dis- concerted their clients, by appearing by proxy as attorney for the plaintiff whose suit he was practically combating. Maurice Gradwohi, whose name was signed s the attorney of record for the de- fendant, said that he knew absolutely nothing about the merits of the case. He | was not even aware of its nature. He | knew that he had been authorized by a | man, who was introduced to him as 2 Haskins, to sign a certain answer that h: been prepared in Judge Aitken’s officeand that was all. “It was this way,”’ he said. “Judge Aitken and Mr. Newburgh came into my office a short time ago and requested me to sign a certain answer they had prepared in a certain case. They told me this would make me appear as attorney for the defen- dant, Haskins. “As Mr. Aitken was a neighbor and an attorney, I, of course, wished to accommo- date him. But I was not prepared to act as attorney for a man, even nor 1y, less requested to do so by the man him- self. “So I asked Mr. Aitken if Mr. Haskins wished me to act as his attorney. fe an- | swered in the affirmative. I then told him that if he would bring Mr. Haskins to me I would act as his attorney if he desired. “Mr. Aitken at once took me to Lis of- fice, a few doors from mine. There I was | introduced o a Mr. Haskins. 1asked him if he was the defendant in the case of Rob- bins vs. Haskins. He said he was. I then read the answer to him asking him if he | understood its meaning and the effect it would have on the case. He said that he | did and I asked him if he wished me to gn it as his attorney. He again answered in the affiimative and I at once affixed my signature. “That is the last I have heard of the case,” Mr. Gradwohl said in concluding. “I appeared in it to oblige Mr. Aitken. Of course, I received no fee and do not _antici- pate receiving one as I acted to oblige Mr. Aitken. Had Mr. Haskins come to me and requested me to serve Iwould natur- ally have expected a fee.” r. Aitken has an explanation of the matter. He admits that he was the plain- tiff. He also admits that he was the attor- ney for the plaintiff and for the defendant. But still he claims that his action was per- “You see, Haskins had some $4000 com- ing to him from the street railway com- pany on acontract,”’ explained Mr. Aitken. “He had received about $1000, and some But men who had fur- s had received orders from nished mate: than was due him from the railroad com- As a consequence we, who had old s against Haskins, saw that unless we acted quickly we could get nothing. Sir et it Hakkansiuitornt ot Tihae acted for him in_ several cases, butI am not hisattorney. He owed me $500, though, on a note drawn January 3, 1895. He owed W. C. Mason $200 30 for groceris John Kelso $150 37 for teaming, and the Alameda Building and Loan Association $200 for rent. These claims .were brought to me, and 1 had them assigned to Mr. Robbins. 2 *Idrew the complaint in the case, and Newburgh signed it. I also drew the papers and put Newburgh’s name to them.” “But were you not acting for Mr. Has- kins at the same time?” was asked. “Well, no,” answered Mr. Aitken. “I could not say I was acting for him. Still I did not want to appear for the plaintiff, because I was connected with some of Mr. Haskins’ legal affairs.”” Mr. Aitken’s attention was called to the statement of Mr. Gradwohl, and he ad- mitted that the statement was correct and said that the complaint which Mr. Grad- wohl had signed had been drawn up in his office either by Mr. Newburgh or himself, he did not know which. Mr. Newburgh is emphatic in saying that he had not drawn up the papers. This leaves Mr. Aitken involved 'in the peculiar position of having prepared the defense in which, though technically op- posing the plaintiff, he yet gave judgment to a plaintifi who represented himself, John R. Aitken, the practical attorney for the defendant. Here is a puzzle even for a Pniladelphia lawyer. As the courtroom activities of Mr. Ait- ken would leave the material men only fifty cents on the dollar for the goods fur- shed by them, they at once charged that Mr. Aitken was guilty of coilusion. Mr. Aitken has announced that he does not intend wo profit by the advantage he has obtained. Although the judgment secared in Judge Murphy’s courton its face allows him dollar for aollar, yet he says he only desires to divide pro rata with the other creditors. In this way he mag- nanimously gives up all the advantages ostensibly secured to himself by obtaining: a judgment. SYNDICATE. WHEAT SOLD. that evidence of anything of the sort is sufficient to cause the setting aside of a judgment. “We had not intended to take action in this matter at present. We were waiting till Jndge Murphy should issue some or- der, then we would have brought the evi- dence forward to show that there had been collusion.” Mr. Savage also mentioned a number of legal points that he thought would tend to knock out Mr. Aitken’s judgment. These, he said, would have been brought forward at the time of the trial had any one known anything about it. j The first I knew of Aitken’s having ob- tained atjudgment was when I read in the papers of his attaching the moneys in pos- session of the Market-street Railway Com- pany,” said Mr. Savage. ‘‘The whole busi- ness was smuggled through the courts, the answer_being filed the lfiird day after the complaint was filed, and the case being thus practically “fixed.’ “Why, even on the papers of the case we could prove collusion. The testimony of Mr. Gradwohl and Mr. Newburgh leaves nothing to be doubted.” CAUGHT IN A PRESS. An Accid ent by Which Harry Marion Lost Half His Hand. Harry Marion, who is employed in the pressroom of the Daily Report, met with a painful accident yesterday aiternoon, by which he will be disfigured for life. He had just stepped upon the platform of the press, when his foot slipped, and he fell against the machine, which was in full operation. His left hand was caught by the cutting rollers and dragged in. His arm followed it up to theelbow,and a sickening fatality would have resulted in another minute had not John Hiester, the head pressman, sprang forward and caught Marion by the body. The injured man was taken to the Re- ceiving Hospital, where Dr. Somers ampu- tated the mutilated half of his left hand, including the third and fourth fingers. The bones of the wrist were also crushed, and it is by no means certain that he will | not eventually lose his forearm. Marion is a young man, residing at 126 Clinton street, and was only recently mar- ried. Judge Slack, on the Advice of Attorneys, Confirms the Sale. It Wil Take Over Ninety Ships to Move the Wheat From This Harbor. The syndicate wheat is now a thing of the past, having been sold yesterday to Balfour, Guthrie & Co.,George W. McNear, Eppinger & Co. and Girvin, Baldwin & Eyre. The sale of the immense Fair holdings ] was nearly effected late Wednesday night, though the sale did not become a legal one until confirmed by Judge Slack yesterday. This was done early in the day, and the Fair estate is rid of a load that was eating up something like $30,000 every month. The history of the syndicate or Fai wheat has been told time and ag though a brief resume might be interesti at this time. The lateSenator Fair undertook,through hisbrokers, McGlauflin & Co.,to corner the wheat market, and how near he came to | succeeding is well known in commercial | circles. i The expected coup fell through, how- ever, and the Senafor found himself in possession of something like 200,000 tons of wheat, for which he had paid considerably over the market price. His agents, Mc- Glauflin & Co., made several attempts to unload his holdings, but the enormous %;Ill!lllt\' prevented the consummation of their plans. Just prior to the Senator’s | death an attempt was made to sell the | wheat, and the deal would probably have rone through but for the death of the mil- ionaire. Some weeks ago H. Dutard and Mec- Glauflin & Co. were empowered to disp. of the entire holdings. Purchasers were | not plentiful, however, and it was not until a few days ago that even prospective buyers were to be found. The CaLL an- nounced last Wednesday morning that Balfour, Guthrie & Co., with others equally well known, would probably be the buyers, and the prediction was verified in the vrivate sale that took place that very after- noon. Yesterday morning the attorneys repre- senting the administrators and the attor- neys for the heirs met in Judge Slack’s chambers, with the result that the sale was confirmed. The price received has not been given to the public, but it is under- stood to be about 80 cents. Some few place the figure at 85 cents, though this is generally considered high, owing to the age of the wheat. Shipping wheat was yesterday quoted at 9134 cents, Whatever may have been the price re- ceived the Fair estate loses heavily by the transaction. Conservative estimates place the cost. including ‘storage, at not less than $125, and a few go as high as $1 30. Putting it at the latter figure and presum- ing that McGlanflin & Co. received the highest market price, the estate finds itself loser about $1,500,000. It will take about ninety ships to carry this 180,000 tons of whensuht_of the harbor. FRUIT-GROWERS’ MEETING There Will Be a XLarge Gathering of Horticulturists in Yuba City To-Day. The meeting of horticulturists to-day in Yuba City promises to be one of the largest ever held in the State, excepting, of course, the State conventions. A large number of members of the State society will leave 8an Francisco this morning. Yuba City will be reached in time for the opening session. The meeting promises to last for two days, as many interesting papers on horticulture, orchard work, %ruit»dryin 5 etc., will be read by well-known orcharg- ists. Large delegations from at least five county societies will be present and an at- tendance of at least 300 fruit-growers is ex- ected. M. B. Lelong of the State board as shipped to Yuba (City a number of cases containing specimens of many pests, 1 heodore Savage, attorney for C. W. Fox, said: “Mr. Aitken came to me about ten days ago and told me he was willing to DTS Fata: Ho SaifUintianHe had o' - ment be could get every dollar of his claims if he wanted to, but that he was willing to compromise rather than endure the ex- pense and delay of a long trial. 1 told bim that I didn’t think he would get a cent; that I stood paton Mr. Fox’s claim and that I was willing he should do his worst. “Mr. Aitken was quite blustering and overbearing in his manner. This, how- ever, had very little effect on me. I con- sidered all the time that he had obtained his judgment through collusion and that his judgment was of no avail. T did not know it would be so easy to prove, though. It was served on Newburgh, and stated among other things that: & Said motion will be made on the ground that | not so state, yet courts invariably hold | through to Chicago. The ticket office is 650 ““The evidence of collusion now seems quite conclusive. Although the codes do Highest of all in Leavening Power.— Latest U.S. Gov’t Report l 2 Baking Powder both insects and of fungus formations, in order that the fruit-raisers may become familiar with them. The citizens of Yuba City have made considerable preparation for the entertainment of the 'visitors and some decoration has been done. ————————— Comfortable Traveling. The most comfortable route to the East sum- mer or winter is the Santa Fe route. The sleep- ing-cars are superior and the meals en route are unequale.. There is less dust and no more heat than on any other line. A popular misbelief is that extreme heat pre- vails on this line in summer, while the fact is that the elevation of the whole line insures as comiortable a temperature as can be found on even the most northerly line. The northern part of Arizona is the summer resort of the people of that section, and the Grand Canyon of the Colorado is visited in the summer months exclusively. The Santa Fe route is first class all the way Market street, Chronicle building. The Pull- man sleepers run without change from San Francisco to Chicago via Kansas City. 3 e —— Fred Bauer Hangs Himself. Fred Bauer, a painter, hanged himself at his residence, 319 Taylor street, last night. He procured a skipping rope and fastened it to a door knob. Placing the end through the tran- som he stood upon a_chair, adjusted the noose and knocked. the chair from under him. Mrs. Bauer is at a loss to understand her hus- band’s action, as he had not complained of sickness or troubles, and itis the supposition that he had been drinking and was temporagly deranged. ———— THERE is an article on this market seldom equaled and never excelled—Jesse Moore Whis- ky, Moore, Hunt & Co, guarantee its purity, POOR STREET PAVEMENTS, Ernest McCullough Tells of the Causes and How to Remedy. THE = PEOPLE INDIFFERENT. Many Honest Contractors Will Not Bid Because of Faulty Speclfications. The public demand for better streets and street pavements has brought to the front many who have for years past been making these matters a study. The investigators have furnished a number of interesting papers, which from time to time have been published in the Cavr, and which contain valuable data of investigations and experi- ments in other large citics. At the annual meeting of the Merchants’ Association, held Wednesday evening, Ernest McCul- lough, the consulting engineer of the asso- ciation, read an interesting paper on ‘‘Causes and Remedy for Poor Street Work.” Mr. McCullough, ‘while still a young man in his profession of civil en- gineering, is recognized as an authority on such matters. A year or so ago he pub- lished a small work upon street grades, sewer systems, pavements, etc., which was received with great favor by civil en- gineers all over the United States. Requests for copies of his pamphlets have been made by people in Europe and Australia. The }mper read at the merchants’ meeting was iavorably received. It was as follows: In the question of street improvements which are now being considered there are three main points of interest: First, Are the streets of San Francisco in need of improve- ment, and can_they be improved? Second, 1f they are not all they shouid be why is it, and can the blame be properly placed und a remedy found? Third, What is ihe proper permanent remedy? The first question is answered by the fact of the existence of the Merchants’ Association and other organizations for the purpose of remedying theexisting condition of affairs in that respect. The business streets and some of the older residence st s in this city are not first class or such as & man proud ot his native place can e any satisfaction in. The second point is answe by the statement that the only season bad streets exist is be- cause the péople are indifferent. Good streets heve never reallv been demanded, therefore :y have not been provided. The cry of boss- ism and political control oi public affairs isan excuse for all lack of interest in questions con- cerning the best welfare of the community. Goyernor McKinley in a recent speech made the following remarks: “One of the greatest problems in the country is that of municipal control. Inmy opinion the chief cause of the ills of municipal government arises from the fact of the indifference of the citizens. Itis very encouraging to note that within the last year or two there has been an awa ing of interest on the part of the ple generally upon the subject of municipal government, and it is par- ticularly noteworthy that the efforts of some of the abiest publicists of the countiry are now bbillf{lircc[ed to the solution of municipal problems.” San Francisco has bcen suffering in the past from the evils Governor McKinley s spoken of. The people have gone through the form of elections every few years and elected men to office. Thelr duty was consid- ered done when the offices were filled. Such a thing as co-operation with the men elected was not thought of. If sometimes mistakes were made or improper men gained control a growl took the place of an honest effort at re- form. 1In the construction of streets the pecple have secured all they ever asked for or really expected to get. II dissatisfaction is now ax. pressed it must not be all directed toward the n charge at the time the work was exe- but a fair portion should be placed wheréver it belongs. As a result of my investigations for some time past I find that two prime reasons for bad work on the streets le in faulty epecifications and faulty work under those specifications. 1 There has been no proper supervision of the work of preparing the specifications aMi no prearranged plan for amending them. In short, there has been no systematic considera- tion of the problems involved. Each Board of Supervisors has been approached by friends of certain materials, or certain fads in construc- tion work, and the specifications have been eltered from time to time as the influences at W moved here or there. Whether with honest or dishonest purpose the specifications change frequently and not always to the bene- fit of those most directly concerned, the tax- ayers. p‘ ith all due respect to the newspapers, it must be said that they err oftentimes in this matter by taking up some man with a fad at a time of public agitation like the present and accepting his opinion as that of an expert. An honest, well-meaning official will sometimes accept this free advice and unintentionally make matters worse than before. With all the faults possessed by the specifica- tious there is still an opportunity to secure good work which is neglected. I refer to the selection of competent men to sce that the work is properly done. Some sort of Civil ser- vice regulations should apply in_the selection of the inspectors of street work. To incom- petent and sometimes dishonest inspectors we owe, to & certain extent, our bad streets, and more care should be taken in their selection. With good men good streets can be obtained, even though the specifications are not all that might be desired. It has been said that even if good specifica- tions and competent inspectors were obtained the work would be bad, as contractors are prone toslighta job. Personal experience with con- tractors leads me to believe that in general they will give asgood a job asisexacted of them. Asitisa question of making or losing, they will take every chance given 10 increase profits, and in this respect are not different from the generality of mankind. While there are men Wwho do not take any sflde in doing good work, there are others who do, and all efforts shoul be made to retain them. With the ordinary contractor a great deal depends nupon whether the insgector is incompetent or dishonest. As a general proposition it might be stated that the old adage of honesty being the best policy is a very true one, and when given & fair show the majority of men are rather inclined than otherwise 10 act honestly, and contractors are no exception. Can any ohe explain why there are so many really honest contractors in this City 0 refuse to bid on City work? A guess might be hazarded that it is because they cannot afford to do a good job at the fig- ures unfair competition has compelled bidders to submit, and sooner than do & poor job they let the public work entirely alone. While some of the strictures upon contractors heve been deserved, there isno doubt as & class they have received ‘a great deal of unmerited blame, and it is time some steps were taken to prevent contractors from doing bad work, if such a thing is possible. Itshould be borne in mind that before the work is paid for it must be accepted by the Street Superintendent. He accepts the work after being assured by the inspector he has appointed that the specifica- tions have been fully complied with. S0 it may be seen that the work is done in & manner satisfactory to some one and is not forced upon the people. Care should therefore be taken that the Superintendent employ competent subordinates. There are other streets which the property- owners themselves are directly responsible for and it is wrong to lay the blame on any one else. After g street is jmproved it is accepted by the City #nd the owners of property fronting. on it are relieved of further expense and care. As they pay for the work done preliminary to its acceptance by the City, it is always & de- sirable thing to have the work done as cheaply as possible. Consequently private contracts are let and work done which the City accepts only to find soon after that it was not at_all up to the standard which should be exacted. Yet grovide for sewer worx being properly done. 'his resolution provides thatallsewer trenches shell remain open for at least one block, so that all joints and other work may be thor- oughly examined, and that the trenches shall not be filled in until the sewer with its con- nections has been fully completed for at least one block. Some of the recent exposures of the Sewerage Commissioners has shown the neces- sity for some such clause in the specifications. It has been decided, also, to have a concrete base under basalt‘block pavements—an &d- vance in intelligent comprehension of the function of pavements. A more thorough supervision should be ex- ercised over the laying of streetcar tracks and &lso in the repair of the present roadbeds. It is the custom now after replacing the paving stones which are removed for the purpose of getting at the tracks, to_fill the space between with soft red rock and puta covering of the same malerial on the top. This rock is easily crushed and in a short time is finely ground by wheels of vehicles. The dust thus made is blown everywhere and is & nuisance. The streets are very difficuit to keef clean when such things are allowed, and it should be specified that gravel should be used to fill in between the stones instead of red rock 1 would suggest that the specifications for mixing the concrete for foundations of pave- ments be altered so that we can really secure concrete and not mortar. The following ex- tract from a recent reportof the Merchants Association will explain this: ‘“Cement is an almost impalpable powder and it is necessary to incorporate it well throughout the mass of mortar in order to secure a firm bond of the articles. To secure this thorough mixture it s customary to specify that the mixture shall be tamped until the water comes to the surface, as by such tamping the cement is carried into every void. % ““It will benoticed that in the majority of con- crete structures this rule 1s followed and that a firm structure is the result. In Jaying the foun- dations for streets no such requirement is ex- acted, and as & consequence it is possible in some instances to pick almost entirely through the foundation with the fingers. In the lay- ing of the foundations the inspectors seem- ingly believe that the tamping 1s only for the purpose of getting the material into shape, and therefore when it is shaped up the tamping ceases. Themixtureisnot then artificial stone, and as a foundation is almost worthless. The concrete foundation bears the whole weight of the traffic and the bitumen is only a cushioned coat to protect it. As is well known, if the foundation fails, the bituminous rock fails also. It is stated bysome contractorsand in- spectors that the suriace of the concrete must be rough, in order that the bituminous rock will adhere to it. Opinions differ on the sub- ject of the degree of roughness necessary, so any discussion of it here is out of place. But I venture the suggestion that the roughness may be secured by running a harrow over the sur- face after the concrete is dry and before apply- ing the bituminous cover!ng. The desire to secure a rough suriace should not operate to the extent of making a poor job. “The mixing should be properly performed in order that the concrete foundation should be one in reality. The specifications should be changed to read somewhat as follows: First— The rock should be screened after being brought on the work and before mixture with the sand. Second—The water should be applied to the mixture through a rbse nozzle. Itiscustomary 10 apply the water to the mass through an or- dinary nozzie or from a hose without a nozzle, the end pinched in the fingers of the attendant. This serves to separate the materials with the result that some portions of the foundation have more cement than necessary and other parts are wholly lacking cement. Third—The material, when deposited in place, should be tamped until the water rises to the surface and makes the surface moist enough to slightly stick to the shoe soles of any person walking on it. The concrete will then be properly formed and it will be as gifficult to pick pieces from it when dri' as itis now to pick pieces from the concrete foundation of a building.” This report was given some time ago and if the suggestions were followed out it should result in better work. As a further suggestion it might be advis- able to say that the present specifications for street work should not be altered or amended unless they have been tried with competent men to look after the work, and that all amendments proposed by these men be sub- mitted to some one specially fitted by educa- tion lll? training to give an opinion on them. There is nothing in the way of the Board of Supervisors securing now complete and care- fully prepared street specifications from some qualified man and to adopt these new specifi- cations in place of the presentones. But of course the new specifications will not remedy matters much unless it is agreed that no changes shall be made except by those most competent o do so. But after all the best way to secure good streets is o agitate the matter and look sharply after those who have it in charge. It is by such means rather than by suggestions that the improvement may be begun. Ask for good streets and take an interest in the securing of them. Take it for granted that the public ofiicers are willing to give the people every- thing in their power and only want to know what 1s wanted in order to grant it. In Europe the office of Alderman is looked upon as an honor. Itis not so highly regarded here and the wonder is that under the circumstances we have as much to show as we have. It is not the province of this meeting to sug- gest materials for paving, or methods for laying any particular material. As some information has been asked reianhng the best foran of pave- ment in use, and as to what constitutes a de- sirable pavement, 1 have prepared a few re. marks £o that the non-technical hearer may intelligently discuss the matter. Ten points enter into the consideration of paving material, namely—first cost, cost of maintensnce, ease of repairs, durability in use, freedom from noise, freedom from dust, free- dom from decay, impermeability or freedom from absorbtion, perfect foothold for horses and ease of traction. Macadam is cheapest in first cost, but is ex- pensive to maintain; it gives out much dust, it is easy to repair, gives good foothold for horses, and, on a good macademized road, it is easy to haul loads on. It is objectionable principally because of its wearing and dust. Cobblestones are not to be recommended for anything except use between the tracks of horse railways. As they are going out of ex- istence rapidly the day of cobblestones is pass- ng. Wood is generally high in first cost, is easy to repair, costly to maintain, being full of joints it is not particularly healthy, as it ab- sorbs moisture and retains dust. It is & guiet pavement and is_easy to travel on,and gi very good foothold for horses. Its objections are that it is not healthy and is expensive in maintenance. Granite or basalt blocks form a durable pave- ment and are good on all grades. The princi- pal objection to the use of stone is the noise it oceasions. Being full of joints it is easy to re- pair, but is not particularly healthy, the joints also add to the noise. In fact stone-block pay- ing is to be commended for only one thing— durability. Brick is high in first cost, but low in cost of maintenance. It is easy 10 repair, affords good foothold for horses, and ease of tractionis as satisfactory as any pavement. It is, in_fact, one of the best paving materials, and suitable alike for business and residence streets. Without doubt, however, some form of monolithic pavement is the most_satisfactory, and ufigmlt and bituminous rock pavements stand high in the possession of the most desir- able qualities of pavements. Owing to their smooth surfance they are noiseless and easily cleaned; they areiperfectly healthy, for they have no joints; they are durable under traflic and therefore Cheaply maintained. The princi?nl objection to these asphaltic, or, as some facetiously term them, *‘poultice pavements,” is that they are not suitable for all grades, and their smoothness precludes per- fect foothold for horses when they are wet. Theee are objectiqus which are overcome by a :::re(ul selection of the streets on which to use em. Put on each street the material which has the most claims for consideration for use on that street and keep all streets in good repair. The concrete foundation is necessary under all pavements, as itis the real street. If made with care any pave may be laid on it. For ease of repairs to the surface it should not be made & part of the foundation. For this reason I do not javor putting hyaraulic cement between the joints of stone or brick, but believe the joints should be filled with an asphaltic mix- ture, which will render the joints tight, but at the same time is easily picked out when neces- sary. Nothing creates a more favorable or lastin, impression on visitors than clean, well-pave streets, and no matter what material isadopted, all work done should be first class. THE FRENCH HOSPITAL. Appointment of Specialists—When the these same people are generally the first 1o make aéry about the officials not attending to their duty in requiring good work. The proper remefiy for ali these abuses lies in securing the right men for the duties im- posed and by the co-operation of the commu- nity with them in their work. Under the new charter it is possible to more definitely place all responsibility for the proper performance of work. The new charter has not, however, been adopted. It is among the possibilities. The present system will be in force for some time yet, and any remedy to be of service must be Aflflicl‘ble it the present time. The beginning of Improvement may be seen LOW. A resolution has been presented in the Board of Supervisors providing thata complete rec- ord of street work be kept in the office of the Mayor in order that he may gersonblly inspect all such work in progress or have it inspected if he so desires. This is a good idea, and will give the Mayor a fine opportunity to see that street uifairs are proporly attended fo. Itis no reflection upon the Street Department, but rather an assurance of co-operation which should be gratefully appreciated, and sfter a short trial will be fully valued. It is apt to re- sult in the heads of that department being en- abled to fully control their subordinates, some- thing which'is not done now and which is too patent a fact to be ignored. As the constant repairing of sewers is a great expense and leads 10 unnecessary openm: of streets, another resolution was introduced to A Hospital Will Be Opened. At a meeiing of the executive committee of the French Mutual Benevolent Society held on Wednesday night the following specialists were chosen to complete the medical staff of the hospital: Dr. C. B. Brigham, chief surgeon; Dr. Bourgougnon de Marville, assistant surgeon; Dr. 8. G. Boyd, doctor of gynecology; Dr. Leo New- mark, neryous diseases; Dr. G. W. Sichel, dentist, and Dr. F. X. Voisard, resident physician. The new resident physician is a native of Canada, about 30 years of age, who for three years has held the position of physician and surgeon on the steamers of the Pacific Mail Steamship Company. The committee decided toinaugurate the new hospital on the Point Lobos road on Sunday, June 23. The committee awarded the contract for furnishing meat to the hospital to Ham- mond & Brod. e FLoor Paint, House Paint, Wood Stain, Bath NEW TO-DAY. IRON THE PUBLIC IS CORDIALLY INVITED TO IN IDENTIFIED BUSINESS. CONTINENT. ALMOST ALL THE FIXTURE BY LOCAL ARTISTS. NO GOODS SOLD TO.-DAY COME TO SEE US NOW, WAL AROUND TO SEE WHAT WE HAVI DONE FOR YOUR COMFORT AN CONVENIENCE. FOR TO-NIGHT UNTIL NINE P. M. ING GOODS. 426-432 PINE ST. 215217 SUTTER ST. 2805 CALIFORNIA ST. 219 MONTGOMERY ST, A RIDING-MASTER'S WOE The Suit for Maintenance Against Captain Dilhan Is Withdrawn. The Riding Teacher Says Divorce Proceedings Will Follow In a Year. Out on Pacific ayenue, near fashionable Van Ness, is a riding-school, or ‘“acad- emy,” as it is called by the promoters of the scheme. There rich maidens and youths tender are taught the correct thing in riding. It is one thing to sit astride a horse, or sideways, as the case may be, but it is quite another to get the “correct jolt”* when the animal one is riding persists in doing a trot. All of these little equestrian graces and more are taught by Captain Dilhan and his assistant, P. de Loriol. Just now, how- ever, the pleasant, affable captain is doing a good deal of thinking, and all on account of a suit for maintenance brought by his young wife. A written agreement of grmistice was signed by the parties yester- ay. The agreement was shown to a CArz re- porter by Captain Dilhan. It sets forth the fact that they are no longer living to- gether as husband and wife, and that in consideration of the sum of $25 to be paid in advance each month Grace A. Dilhan agrees not to molest or even show herself to the former partner of her joys and woes. This agreement, however, does not affect the right of either party to institute pro- ceedings for divorce as soon as practicable. This means that they must live in San Francisco at least eleven months longer before they may legally seek to dissolve the fetters that {‘mfthem together. Captain Dilhan is tall, black mustached, black eyed and handsome and talks with a decided accent. ‘It is purely a private matter,” said the captain, ‘‘and as the suit has been com- promised I fail to see where it can interest any one. I have only been here a month, though I visited San Francisco about five years ago. Ido not care todiscass family affairs or the causes that led to a separa- tion. When the divorce proceedings are begun the peosle will fully understand who was right and who was wrong. I regret the affair mainly because it might have a bad effect on business. I married my wife éight years ago in New York and until this thing came up we lived very happily together. That is all I have to say apout it, because the paper we signed yesterday ends the suit against me until such time as divorce proceedings are begun by one of us.” ABOUT WHALE-FISHING,. Growth of the Industry on the West Coast Due to Scarcity in the Atlantic. Dr. Hugh M. Smith, United States Com- missioner of Fishing, in his report on the fisheries of the Pacific Coast, states that the principal whaling port in the United States is now San Francisco, “Besides having a numerous home fleet,” writes Dr. Smith, “that city is the rendezvous of a large number of New Bedford whaiers. The growth of the whaling industry on the west coast has been due to the scarcity of whales in the Atlantic and their abund- ance in the North Pacific and Arctic oceans. The present importance of the whale fishery carried on from San Fran- cisco is largely due to the extensive use of steam vessels, which are considered essen- tial for the proper prosecution of the business in the more northern latitudes. “The year 1893 was the most successful one in the history of the Pacific whale fishery. The San’ Francisco fleet killed Enamel, Gold Paint and Liquid Glue in smal] | and utilized over 350 whales, of which 204 cans for family use. Sanborn, Vail & Co., 741 1 were bowheads, a much larger number Market streets ¢ dthan bad heen obtained in any previous SPECT OUR NEW STORE ON PINE STREET, REBUILT SINCE THE FIRE ON THE SAME SPOT AS THE OLD ONE WHERE WE HAVE BEEN FOR SO MANY YEARS IN THE GROCERY WE HAVE GIVEN TO SAN FRANCISCO AND THE COAST THE FINEST ESTABLISHMENT ON THE HAVE BEEN DESIGNED AND MADE STORE OPEN INSPECTION TO-DAY AND TO-MCRROW WILL BE SELL. PIGTURE WROUGHT MIRRORS Plate Glass : Silver fixtures, Comfortable seats, Scales to weigh yourself upon, also to measure your height; mirrors reflecting endless vistas of tea canisters with patterns in silver and artistic designs; a magnificent stair- case designed after that of the Grand Opera House in Paris; swift elevators; electric cash system; the whole constituting a model, modern merchandising house with per- Sected facilities for promptandefficient service, Goldberg, Bowen & Lebenbaum ! year. The quantity of bone represented | by the catch was 404,600 pounds, valued at | $1,246,168, and 6740 barrels of oil, worth | $93,160, were extracted. “The year was also remarkable for the | remote grounds visited by the steam- ers, and the abundance of whales there found.” In concluding this subject the following quotation is made from the CALL: “The whale is destined to disappear from the North Pacific much more speedily than he was driven from the eastern approaches to the Arctic. When one small steamer takes sixty-two whales in a single season, and a still smaller one kills sixty-four, there is a striking illustration ofy what steam is doing for the extermination of the whale in the Pacific. There will be no re- striction. The whale fishery by sailing Is has for some time been unprofit- able, What the sailing craft would not do in a lifetire of years the steam whaler will pretty effectually accomplish in a very few years.” P —_——— A bronze halfpenny is exactly an inch in diameter, and, therefore, gives'a very con- venient measure. Laid on an ordnance map on the inch scale, the halfpenny just covers five acres. Cyrus Edson, mp., Chief of Health Department, New York, THE IDEAL TONIC “The most effectual remedy is the gener- ous diffusible tonic Vin S— 3 ” 'Mailed Free. ;! Mariani. Descriptive Book with Testimony and Portraits I OF NOTED CELEBRITIES. Beneficial and Agreeable. Every Test Proves Reputation. Avold Substitutions. Ask for ‘Vin Marlani,? At Druggists and Faney Groeers, MARIANI & CO., m;unn.d.w& G2W.15ta 5L, New Yook, TEY The San Francisco Laundry. 33 Geary Street. Telephone Main 5125, Rneumnsi ) =d QOUT Have been successtull; ireated for many yearsia Europe by the wonderful remedies of 1he celer Dr. Laville of Paris. LAVILLE’S LIQUOR Quickly and thoroughly removes from the system all causes of acute attacks. LAVILLE'S PILLS Wil permanently cure the most complicated and ftubborn of chronic cases. Pamphlets giving full nlormation sent free by the Agents of the United It Stat UGERA Norih