The San Francisco Call. Newspaper, February 1, 1898, Page 14

14 THE SAN FRANCISCO CALL, TUESDAY, FEBRUARY 1, 1898. TRACKING THE HARBOR BOARD Doctored Bo Laydon & ined in Court. oks of Darby Co. Exam-= x Mr. Colnon Suffers Lapse Memory in Consequence of Vertigo. In the hearing yesterday of the case ggainst the Harbor Commissioners brought by the Paraffine Paint Com- pany, on \tions of fraud and col- lusion irt of the board, with favored firms or non-incorporated or- ganizations of contractors, Judge Bel- ie a series of rulings that are cher mac proper subjects of comment and com- mendation, because of their bearing on the pu interests involved with this complicated litigation. The Harbor Commission is a board of public wo with an executive head, to whom is confided a great stration of which trust, 2 ! a vast expenditure of public funds is made ann In a n actions insti- tuted against the few months past fraud and collusion have For reasons d through yet unexplained, th suits on dismissed without hav- g been tried as to the merits or ver- of the serious usations in- grievances of the unsuccessful h and every case are to in e a syndicate of whom it is af- avowed with even in the open—one oOr s of the board secretly rve in the matter of purchasing ma- 1 making contracts. ady pointed out in The Call's roversy eable ntrac bination as a as the Dundor includes the Slade Lumber Company, the Dundon T Francisco Timbe of which Dundon and Slade are the chief offi or operators, and the Darby on & Co. firm, in which the two gentlemen are interested. The combination, which deals in lumber, piles, and a pile-preserving process, has transacted with the board during (he: last year alone, about $134,000 worth of ness. ch successive legal onslaught made on the board has been supported. by the charge that the combination named were favored after a fraudulent and collusive fashion. The latest competitor for contract to suffer from the system alleged to be in vogue is the Paraffine Paint Company, and, unlike their predecessors in the courts, they seem to have put up a fight which is intended to bring about a thorough and sweeping investigation of the inner relations between the Dun- don-Slade syndicate and any one or more membe of the board whose rep- utation may have been tainted. In the preliminary arring for the opening of their case, latitude was al- Jowed for the conduct of their inquiry until the records of the board had been brought into partial review, back to November, 1896. They had procured a judicial order for the appearance in court of Mr. E. E. Slade, with the books of the lumber-supplying tentacle of the contract octopus. Mr. Dundon had been subpenaed also, but under a protest that business im- bu: peratively required his absence from | the city, he was permitted by the court to absent himself until Thursday. Yesterday, when it was learned that Darby Laydon, whoisalso wantedon the witness-stand, had taken an imperative business trip from the city, in eompany with Mr. Dundcn, the attorneys for the | Parafline Paint Company summoned the bookkeeper of the Darby Laydon & Co. tentacle to come into court with ks in his custody amination for the day, whencounsel for the Paraffine Company attempted to dig into the Darby Laydon hooks, under the eye of the court, they were met at every turn by the attorney for the commission by objections and the tak- Ing of exceptions. Throughout this phase of a contest which s evidently intended to. take up the time of the court for many days, Judge Belcher ad- hered to a line of rulings from which the public may gather the hope that if ADVERTISEMENTS. SKIN Boft, White Hands with Shapely Nails, Luxa- riant Hair with Clean, Wholesome Scalp, pro- duced by CUTICURA SOAP, the most effective skin purifying and beautifying soap in the world, as well as purest and sweetest, for toilet, bath, and nursery. The only preventive of inflammation and clogging of the PORES. (Uticura Sour Is 30l thronghout the world. Porres Drva & Ce. ‘Bole Prop.. Boston. U. 8. A. How 10 Purify aad Beaatify the Stin, Soalp and mailed free. Conr. [ Baif,” BABY HUMORS Lomtremnimirs Wright's Indian Vegetable Pil ‘Are acknowledged by thousands of persons who have used them for over forty vears to cure SICK 'HEADACHE, GIDDINESS. CONSTIPA- TION, Torpld Liver, Weak Stomach, Pimples and purify the blood. Crossman's Specile Hixium, With this remedy persons can cure themselves without the least exposure, change of’diet or change in application to business. The medicine that 18 of the least mnm Agk your druggist 10r it mber Company, the San | rd the closing hours of the ex- | BEAUTIFUL of 1 | there is corruption, connivance ‘and bribery ip the affairs of the Harbor Commission, the facts will be legally brought to the attention. of every citi- zen who wishes to inform himself on the subject. Attorneys for the Paraffine Company purpose showing that oneor moreof the Harbor Commissioners and some. of the canfidential = agents - ‘have identified themselv: with” the interests of the | Dundon- money presents one or more of syndicate com- | panies or copartne s—gratuities de- | scribed by Attorney M. J. Sullivan as bribes. A former bookkeeper of Darby La: don & Co. was put on the witnes: stand to enlighten the court as to:the manner in which moneys were pald on the side to either the Harbor Commis- sion or their trusted agents. Mr. Strat- ton, of counsel for the. board, strenu- ou opposed - the admission of such testimony on several grounds—that it was incompetent as coming from a wit- ness who could not swear of his own knowledge that the firm paid moneys, or made presents, to the board or its members; that the range of inquiry went beyond the period:which the in- | vestigation had comprehended; that testimony relating to a time when the board was constituted differently than at present could not have proper bear- | ing on the conduct of the board as at | present composed; that counsel for the | Paraffine Company could not show proof of what they alleged, from these books, but were transgressing the reasonable bounds of the examination without any | actual proof on which to base their ex- pectations. Counsel for the plaintiff company | afirmed it was their intention to prove from the books of these firms, or com- | pantes, and by competent testimony, that the Harbor Commission and its | officers had been in the habit-of receiv- ing gratuities or bribes since a ‘period anterior to the timecovered by theques- tions involved in the pending litiga- | | tion, in proof of the further allegation | ade syndicate by accepting | and gratuities. from the 1 { (HAIRMAN COLNON FORGETTING | | | that the Dundon-Slade syndicate had | been on secret terms of friendship and | | favoriteism with the commission since | Mr. Colnon had become a member, in | March, 1895, and perhaps prior thereto. Judge Belcher asked if it were their | purpose to introduce - this . evidence | precedent to establishing collusion pos- itively on the part of the present board. When they Insisted that such was their design he allowed the introduction: of all testimony of this nature within the period of Mr. Colnon’s incumbency; holding further, however, that in event the links were not carried out to.the present - the preliminary = testimony should be rejected as frrelevant and in- competent as affecting the present issue. The effect of this ruling, whatever specious pleading may be made as to| undeserved reflections which may- fall upon the board, either wholly or-in part, will be beneficial in several re- spects. The most important of these is that if the board and its agents are | guiltless they will be proved to be:so. | If innnocent of the damaging charges | of bribery and collusion they are grati- | fled doubtless at this opportunity- to | be placed honestly before the: public they are appointed to serve, since the allegations of silent partnerships and secret profit sharing will have to rest largely in the confirmatory proof in the accounts of the Dundon-Slade syndi- cate. If wrong has been done the State in the manner described the people will enjoy the benefit of Judge Bel- cher’s ruling even to a larger and more | appreciative extent than can the Par- | affine Paint Company as a complain- ant against the commission. Viewed from whatever standpoint, it is diffi- cult to perceive why the board and its attorneys should not acquiesce in the proceeding under Judge Belcher’'s rul- ing, for In matters of this kind when honest public officers are before the | bar of justice to defend accusations of such grave moment it would seem their wisest and most courageous course to walve technicalities and quibbli; and place their faith of vindication in the fullness of the inguiry made, within sk zational lons Judge Bel- | sion were seated, in front of the wit- | paralleling the jury box railing, sat At- | torney | don firm and of the long-headed ceph- . tribute the possession of the milder and | 'lore and craft. Attorneys Stratton and | inquiry through the mazes of the firm's cher “has prescribed: up to the present in his rulings. Prior to the opening of the afternoon session Mr. Garret McEnerney saun- tered into the courtroom®and dropped nonchalantly into ‘& corner,: remote from the one fn which ‘the attorneys and members -of ‘the Harbor ' Commis- ness chair. “At-the head of -the table, Stratton, - “representing. . the board, with Chairman Colnon, Member Chadbourne ' ~and. Chief - Engineer Holmes .surrounding him: Presently Major Harney, ‘the third member, and Attorney Ford, who has: served: the board. for some time, joined the Strat- ton entourage. Before the hearing was resumed, Mr. Chadbaurne - withdrew, and was seen no more, About the same time, P. M. ‘Reed, present bopkkeeper of thé Darby Lay- alic formation, to whom allenists at- humanely serviceable characteristics of mankind, came in with ‘an armful of grimy books, depositing:them on a set- tee not far from the picture of ease and contentment Mr.. McEnerney . usually composes - himself into on the eve: of action. - Thereupon - Mr. = McEnerney arose and made his way into the wi ness-box, taking a chair therein near; the railing, on the other sidé of which even consecutive years, and until two 5 years ago. A mass of objections and exceptions followed the query: “Did you ever know of Darby Laydon & Co. making | a present. to Mr. Colnon?” | In this other form the question was | put: . “Did you ever know of Darby | Laydon & Co. making a present to the Board of Harbor Commissioners while Mr. Colnon was a member?” Objecticns_continuing, Attorney Sul- Mvan vigorously insisted that the ques- tion was-relevant to the issues in the case; that Chairman Colnon had testi- fied ‘that he had ever acted from pure and disinterested motives. intention to prove bribery and collu- | ston. It was proposed to show that se-| erét relations began. between Darby | Laydon & Co. and the Board of Harbor | Commissioners as far backas1895, when | Mr.. Colnon became ‘a member of the| board. . If this proof was to be followed | by similar progf coming down to the | presént time, it should be considered | by the court; as it would have its mo- ral value in the determination of the pending issues. Attorney Stratton asked counsel for! the ' Paraffine Paint Company if. they | had recent proof -of the nature charged. | Judge Belcher said he was willing to | take their word for it - as reputable counsel in the eourt. | After other direct questions had been objected - to, Judge Belcher ruled that the investigation of the books and the taking of the testimony ~of - witness should proceed, with the understanding | that ‘it would he expunged from ‘the ; record ‘as incompetent unless the links | of the alleged proof were carried down | to the present time. ‘Witness, under instruction. of coun- | sel; examined first. the ledger for proof | of ‘record-he had made as bookkeeper | { | of ‘moneys secretly paid to uay mem- | |'ber af the Harbor Commission or their | agents. . Tt should be explained that the expectation was to prove by Wit~ ‘ FINDING THE 31 COLNON ON THE I | § l | i ¢ } I { | WITNESS-STAND. sat Attorney Stratton. It soon devel- oped that Mr. McEnerney was present to defend the books of Darby Laydon | | & Co. from vandal intrusion. | At the table, directly in front of the clérk’s desk, were grouped S. G. Irv- ing of the Paraffine Paint Company and his attorneys, Judge Cope and M. | { J. Sullivan. Chairman Conien was first called to the stand and gave the second enter- { taining exhibition of the day, of spas- | modic recoveries. from a chronic lapse of memory consequent upon an attack | of ‘vertigo last spring.’ The evidence | of - these. temporary restorations oc- curred in affirmative and negative an- swers 10 questions of Attorney Strat- ton, intended to establish the fact that Mr. Stratton knew a great deal more about the business of the board than did_the honorable executive chairman. In short, Mr. Conlon did not know pre- cisely very much-about anything re- lating to the contracts, opinions, legal advices and specifications pertaining to the ‘suft, but allowed that Mr, Strat- ton knew all about.them:. ‘When Mr. Reed came forward with the books of Darby Laydon & Co., in obedience to the reguest that he be called ‘to.the stand, thére was an ex- pectant shuffling ‘and a sudden bobbing together of craniums stored with legal McEnerney met, mcuth and ear, across the jury-box railing. After Mr. Reed had been sworn he identified the books.as those of Darby Laydon & Co;, and testified that they were all .of the' -account. records.. he knew about. ‘When asked if there ex- isted 'in'.them a “service account,” the legal mentality of - Attorney Stratton and ‘Attorney McEnerney -cameé. into whispered affinity, for a few moments, The -swift result- was an’inquiry from Attorney- Stratton directed to - Judge Cope, as. to the intention of the ques- tion. It was explained that the pur- pose was to show the private nature cf the transactions between the com- mission and the Darby ~Laydon firm. The witness then replied that no"“ser- vice account” had been kept for. two years.. “Objection was made -to ‘any further questioning of ‘the witness on this line, because the keeping of a “‘ser- vice account” had ceased: prior to ' the beginning of = the peried” which had marked the limit of the investigation as conducted up to that time, Judge ' Cope dropped -the witness without discussine ‘the point; but ex- plained that the intention to have Dar- by Laydon present himself to- pllot the accounts had been defeated, tempora- rily at least, by the unexpected depart- ure from the city of that gentleman. Then the real tug of war came off. John A. Townley took the stand, He had been bookkeeper of ‘the firm for ness Townsley the recorded payment of such presents or bribes, under what is described as “service account,” in accordance with the directions of a member of the firm. This “service ac- count” was no less than a private reg- istry of moneys paid out other than for goods received or goods purchased. To certain.records of the nature de- scribed; of, which he was willing to tes- tify, he had been informed by a mem- ber of the firm the Harbor Commission was the recipient, he had, ‘while serv- ing as bookkeeper, affixed small initial marks. - These he could not find in a perusal of the accounts. He did make a startling discovery at the outset, however. The “service ac- count” had been kept on page 142 of the ledger under the caption written by him, “Servic This page caption had been altered by erasure and sub- stitution to read “advertising.” “How do you know an alteration has been made on that page?”’ asked At- torney Stratton, who had advanced to the witness stand, with Judge Cope and Attorney Sullivan. “Let me look,” said the witness, and opening the ledgeér index page to the letter “S" he ran his finger down un- til it struck this line In his ¢gwn hand- writing, “Service account, page 142.” Said he, “there is how I know.” The person who substituted the head- ing, “Advertising,” on page 142 for “Service,” had forgotten to do a similar piece of slick work on the ledger index page. 2 4 At this juncture the Judge left the bench and joined the group of lawyers surrounding the ‘witness. . The Judge interrogated him, lcoked at the substi- tution carefully and returned to his chair; The remainder of the proceedings up to the time of the adjournment was devoted ‘mainly to contention over ob- jections. “Attorney Stratten. fought like a good one to stop the investigation of the books. but the Judge good natured- ly overruled him, save in the particu- lar that the examination should not go beyond-the time Mr. Colnon joined, the board in 1895, This point was raised by the discov- ery that $400 had been secretly paid the board ‘prior to Mr.- Colnon's appoint- ment. In the'case of two ‘‘service” entries, showing: originally that Mr. Patterson, former superintendent of repairs and constructior; under the board, had re- ceived $220 and $208. the name Patter- son had been deftly changed in one instance to “Matterson,” and in the other to “Rattorson.’”” and to the latter the word ‘“‘Seattle” had been sdded It “became evident abont this time that the witness was slizhtly rattled at the work which had been done on the books since he last saw them. At- torney Stratton hovered around him, cross-questioning apd raising om.- tions contributory to his uneasy e It was the| of mind. He looked in vain for hls! private initial signature against the | cipher entries. It was then learned | that two important books were miss- | ing, a log book and the petty cash ac- count; and the hearing was adjourned until this morning. So far as the Patterson entries are concerned it is the purpose to show that the rewards were for the approval of bills covering logs, which were of much longer measurement in the afore- said bills by many feet than they were when recéived by the Harbor Commis- sion for use. | The morning and that part of the afternoon session consumed by the ex- amination of Chairman Colnon was in- teresting principally: because of the fe- licitous. want of : ceremony accounted for' pathologically at the outset by the witness. - He stated to the: court that last spring hesuffered an attack of ver- tigo, ‘which necessitated ‘special medi- cal treatment for a period of . nine months,. The chief manifestation of his allment at that time, and of threat- ened recurrences, had been a dizziness and loss of ‘memory. It was very diffi- cult for him at any time to remember dates, names and faces. “I have a good memory for princi- ples,” he volunteered. “But, as a ‘matter of fact, you have a bad memory for names, dates and: se- quence of events,” explained Attorney Stratton. He acknowledged _that he had an extremely bad memory: as to those particularities, and he came pretty near proving that such was the fact, in spite of the adroitness of coun- sel on the other side. . It came out in the course of Mr. Col- non’s examination that Mr:. Strattom, while serving as attorney to the board. ‘was also attorney for the 8. E. Slade Lumber Company, and that he repre- sented the ‘interests of the four re- straining actions brought against the board to prevent them from paying the Slade company in excess of $7 40 per thousand for lumber. ‘Mr. Colnon fur- ther testified that Mr. Stratton had ad- vised the board as to his retention by the Slade company, but notwithstand- ing the commission had the fuliest con- | fidence in his probity. This ‘Slade Company lumber deal is a feature of the inquiry, and a perti- nent one. - The Slade Company is the | first one of the Dundon-Slade syndicate to secure a year’s contract for the hoard. .- When the proposals for bids were opened it was found that -the Slade combine had offered to supply the commission :with lumber for a - year at the ruling market price, beginning at the price per thousand offered in the lowest bid. -~ This was $7 40, and came from the Pacific Pine Lumber Com- pany. | ‘When the price was raised by the Slade Company in their bills, and the Pacific Company began its chain of lawsuits to ‘estop payment at any price in excess of the lowest bid for the [-vear’s supply, namely . $740, Attorney Stratton presented an opinion to - the | board in which he held that under the | | terms ‘of the:contract entered. into by the commission with: the Slade Com- pany, the latter were entitled to the prevailing market price at the time of | delivery. | Here 'is how. they audited and paid bills run- from -the date of the first to the last presented: | Date_of: bill. Total, 25,1897, $4075 49 2110 91 2685 33 2372 09 | 5403 91 Avg, BI85 s | 5583 18 | Nov. 2, 1897.... | 452975 | 5201 02 | 4612 82 | Dec. 28, 18%7....c0000 . 14 00 14 00 3Mm9 18 It will be noted that the price is now | nearly double what it was under the | terms of the lowest bid rejected when the State bid was accepted. These further facts may be borne in mind with profit in making compari- | sons and deductions. The four pro- hibition and injunction actions brought against the board by the Paciflc: Pine | Lumber Company. were dissolved and dismissed without hearing on Novem- | ber 2, thus enabling the board to act| on pending’ bills, and on that day two large bills of the Slade Company were allowed. The reason for these peculiar trans- actions is in no manner set fortk in | are.furnishing the ADVERTISEMENTS. SPECIAL NOTICE. KLONDIKE Absolutely will be worth to in gold. The all=-wool Columbian garments you their weight Woolen Mills not only show the most clothing, practical but will all-wool make up all garments you may specially order. A separate department for complete outfitting. An inspection will prompt- ly show its superior values. Columbian Woolen Mills (S. N. WOOD & €O.) 718-722 MARKET ST. Laydon Company bobbed up with bids at precisely the same rates as specified in the previous rejected proposals. Yet this time the commission accepted the bid of the Darby Laydon Company to furnish piles for a year at prices in ex- cess of what had been.paid previously, on the specicus grounds that they must have piles at any price, not to tide over present necessities, but for a whole year. Now come thecounsel for the Paraf- fine Paint Company with a promise to prove that the Pine Lumber Company lumber which the Slade Lumber Company are selling the WEDDED AT THE RUSSIAN CHURCH ”» Bn OB oA 0% 08 OSOROROS 0RO OO0 OnS A Groom From St. Petersburg Who Will Be Ordained on Sunday Next. Vladimir V. Allexandrof, a representative of the Holy Synod of St. Pe- tersburg, and Miss Rose Tsikoores, daughter of Mr. and Mrs. P. Tsikoores, were married last evening at 8-o'clock street, the archbishop conducting the in the Russian Church, 1715 Powell impressive Eastern orthodox cere- mony. The bride was attended by Miss Mae Doyle, who officiated as maid of honor, and Miss Tillie Doyle and Miss Lulu Hoffman as bridesmaids. George P. Tsikoores, Paul S. Grepachevsky, George A. Dabovich and N. Sam Martinovich assisted as groomsmen. flower. girl, strewing flowers along the nificent cream white satin gown. The Miss Annle Angel officiated as a littlé bridal path. The bride wore a mag- skirt was made en train, and the cor- sage was trimmed with rare and costly lace. The bridesmaids were attired alike in white organdie over white silk. After the ceremony there was a reception for the bridal party and a lim- jted number of guests at the residence of the bride's parents, 1814 Taylor straet. On Sunday next the groom, wh the Russian Church at Seattle, will, at ordained ‘and will then proceed with hi charge of the church. 0 has been doing missionary work at the Russian Church in this city, be is bride to Seattle, where he will take e e the minutes of the proceedings of the board, nor is it to be easily learned. ‘Here comes in' the consideration of the other plan to make a contract cov- ering a year for the supply of piles. The Pacific Pine Lumber Company, the Healy, Tibbetts & Co. and the Darby Laydon & Co. end of the Dun- don-Siade syndicate were competitors. All the proposals were higher than ratés previously paid for piles. Healy, Tibbetts & Co. were the lowest. All bids were rejected on the ground that they were too high, and new pro- posals were advertised for. This time Healy, Tibbetts & Co. dropped out, and the Pacific Company and the Darby board and at topnotch prices; and are supplying the Darby Laydon Company with the logs which they are disposing of to the commission at prices higher than ever paid before. Should they fulfill this promise only one presumption is left. ———————— Low's Horehound Cough Syrup for hoarseness, price 10c. 417 Sansome st. * —e——————— Tailors Organizing. | The second preliminary meeting of the new Taflors' Union was held last night at 1159 Mission street. Enough signatures to the roll were secured to warrant an application for a charter, and permanent ‘ofticors were elected. FURNITURE, CARPETS, BEDDINGS. This Sove $10-00 Cash or Little-at-a-time Payments. J. NOONAN, 1017-1019-1021-1023 Mission 8t 516-518-520-522 Minna St., ABOVE SIXTH ST. Telephone, dessie 41, Open Evenings. o TURKEY » KLONDIKE The Magnificent Collection of kSR UGS Imported by Mr. Basil Paul of Constan= tinople, will be sold AT AUCTION Wednesday, Thursday, Friday, Feb. 2, 3, 4, At 2 and 8 p. m. at 116 SUTTER STREET, Between Kearny and Montgomery. GOODS ON VIEW NOW. Mr. Paul, having decided to go to Alaska, will sell out at auction his entire superb’ collection regardless of value. NK W. BUTTERFIELD, Auctioneer. R CATALOGU UNITED STATES LAUNDRY, ; OFFICE, 1004 Market §t., i Near Powell. Telephone, South 420, NOTARY PUBLIC. A. d. HENRY, NOTARY PUBLIC 38 MARKET ST., OFP. PALACH B8 EHotei, Teiephorie 670, - Residance 509 Valencia street. Telephone, *‘Church’ 15 | THAN PILL'S | ¥ ¥ >