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16 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 criticism passed on him by Detective Stilwell iv a recent communication to the Grand Jury: To the Grand Jury of the City and County of San Francisco— Gektlkmkn: In answering the accusation contained in the anonymous letter 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 oi 8600,000 by act of Legislature approved March IT, 1891, one and a half years before I 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 forme, as engineer of said boari, to have made this es timate. This estimate. 1 am credited with by both Stilwell and Moore. '?ee page 23 of the bi ennial report oi the said Harbor Commission en for the years ending 1892 and 1894 and marked exhibit 1.) Second— Moore states that in the fall of 1891! the Harbor Commissioners advertised for bids tor the construction ot the Union Depot foun dation, and on NovemDer 21, 1892, the San Francisco Bridge Company deeded to me for a nominal sum a lot on tiie 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 facts are as follows: The Harbor Commissioners received bids for this foundation on February 23, 1893, and all bids were rejected because "they were deemed too high by the Commissioners, and not by the engineer; not that they were too high for the amount of work to be done, but lor the amount of available money in the harbor improvement lund. The pians were then inodiiied as to the length of foundation, it being shortened sume 200 feet, and the depth of concrete piers re duced from 24 ! 2 feet to 20 feet. This was all under my advice (that is, the reduction of the amount of work). I signed an agreement on November 9, 1892, to purchase from the Anglo-Califorman Bank the 50-vara on the southwest corner of Green and bansome streets for the sum of $17,500, subject to a lease to the Gray Bros, from said bank, dated June 14, 1892, copy of which lease, and the opinion of F. jj. Miration, attor ney, as to 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 1 also desire to state that he had this lot for sale on October 27, 1592, at the above figure. The manner in which I paid for the lot will be found in the records of the San Francisco Savings Union and the Anglo-Californian Bank. With regards to the cable railroad that Moore refers to, and in which he claims that I was the trusted engineer, I desire to state that I had the same holdings in the said road as the said Moore, and that he was my partner in the contract, and all profits accruing from said contract, and in all commissions which wore derived from sale of machinery, he shared equally with myself. Furthermore, if the stockholders were dissatisfied, as he claims they were, they showed this dissatisfaction in awarding me another contract in the year fol lowine the completion of the lirst. As for the bridge Moore speaks of, the San Francisco Bridge Company had a contract with the Spokane Cable Railway Company before I knew said cable railway company was in existence, and, while I am not in any way de fending the said f-an Francisco Bridge Com pany, i desire to state that the cause of the bridge tailing the first time was from the wash ing out oi the false work before completion by the sudden rise of the Spokane River, and on the second occasion by careless bins ting on the pan of the Spokane Water-power Company. Moore fays- that I spent seventy half days and eighteen full days In the conduct of a lawsuit, milking fifty-four days in ail. I have no cause to regret the same, As it netted me about $106 per day in an accounting suit against this said Moore.in which hi.* own attorneys forced him to allow me some $IKHK) in place of Ihe $1950 which his balance sheet — doctored for the pur pose — showed was due me. The records of the Harbor Commissioners' ofhee will show what my report was as to Fre mont-street wharf, and the same records will also (■how that the Powell-street whnrf is in first-class condition. Neither of theße%rharvefl were built during my term of cilice. As for my traompetency, I challenge either Mr. Stilwell oi Mr. Moore to rind any private individual or corporation that I have "ever been employed by that will say a disparaging word as to my ability. I refer to Bucn people aa the California-street Railway Company, the I'ow ell-street, the Union-street, and to such men as A. E. Davis, James B. Stetson, Robert Watt, Alfred Borel, George A. Newell, William Clift, Martin <t Ballard, W. J. Adams and many others. As to the asphalt pavement which Mr. Moore Boeaks of, I Will f-ay J am willing the jury should call any expert in that line of business to pass upon the possibility of getting :i uni form surface of bituminous rock upon a per fectly level plane. Furthermore, in answer to Mr. Stilwell, I challenge him to find a depres sion even one inch in depth, and I stand ready to flood the surface of the i-aid pavement with water for the benefit of the Grand Jury. It is a matter of record in the Harbor Com mi-'-ioners' office that I condemned several hundred tons of bitumen before getting satis factory material for the much-abused pave ment,"and only accepted the same upon condi tion that th"c contractor file n bond to keep it in repair for the period of ti ve years, thi* 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. I fail to understand what Moore means when he refers to plastering the piers. Moore says that I, while the trusted engineer of the above cable-road, drew down rebate on special material. I will say here that I was never employed as engineer for the above railroad, and never received compensation as. such. There was no special material, only such as was furnished under the contract and (n accordance with the specifications, or on a percentage basis. All profits and percentages Moore shared equally with myself. If Mr. Searls refused to be paid for refrain ing from bidding on the ferry foundation con tract 1 fA.il to see how that affects my integrity. . I challenge Mr. Charles Faff to show the cracked concrete arches. For the benefit of Moore and BtUwell I have on record in my office cement tests, which 1 can produce if required. As to favoring any particular brand, I think I am getting credit for more authority than I am entitled to, hs the contracts are awarded by the Harbor Commissioners and not by the engineer. I 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, which 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. I 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 to his appointment and the second by a special architect employed by the board. In closing, Mr. Moore says: "Mr. Holmes has paved the way for the street railroads to easily violate the law enacted by the Legislature pro hibiting the right of way across the State's property," etc. Jn answer to that I will say that while this is wholly a 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 pelling three street railroads to use two tracks instead of, as prior to my appointment, two railroads were using four tracks— if this is pav ing the way 1 piead guilty. in finishing with Moore I desire to state that the jury can undoubtedly see that Mr. Moore stands in the light of a 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 c*n prove by witnesses if bo desired. I can show by the records of my accounting suit with Moore that he falsified" the accounts, and by means of drafts taken from the American Oil Company, which he took without permis sion, attempted to force a balance which would have swindled me out of £6000. This I can prove by Mr. William Van Bokkelen, expert ac countant. I think, gentlemen of the jury, the fact that Mr. Moore's accounting to me was $1950 and I received $9000 according to the terms dic 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 mentioned quarry, 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 tind that the rock for the period of three years from June, 1892, be longed lo the Gray brothers and that I had no more control over the same than any member of this Grand Jury. With regard to the estimates spoken of, that is, before and after the letting of the contract, I think Mr. BtHwell answers that in the post script of his own report, which is as follows: "A. J'acre Brown, who is acting as architect for the Board of Harbor Commissionets, under con tract dated October 6, 1892, states that he drew all the plans for the foundation nnd super structure 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 my faulty construction of the cable railway at Spokane Falls.] can produce wit nesses before this jury to Ihe effect that the road was never stopped, except for continual breaks in the faulty water wheel, which was no part of my contract Rnd was furnished by the Washington Water-power company and over wnich 1 had no control, and that the cause of the tearing up of «=ni<l r.>n<l was to replace it with a Bore nodi I \ an electric road, which we ki • .: done In this i day with obi ■: cable roads in the world, namely, the Ellis street branch of the Omni i I cttn cite the jury to such work as the nar lepot, the Powe •!, the Californut-ttreet road, the rjnionnrtreet road, the Alameda Electric road, the Stockton and Bacramento Elect! th-street ric road In Oakland; the Madison-street roadol Seattle, the Portland Cable road, and nine yean of i sperienee with the State Harbor Commissioner! as t<> my ability. Mr. stilwell in his report states that the chief engineer is made judge of the quality of all material. I will say in answer to that it is a stereotyped form which i>a^ been in all -pacification:- from time immemorial, and if the chief engineer is not judfre of this who should be? I will say furthermore that rio extra bill or charge has ever been made without the sanc tion of the board. I note what Mr. Stilwell says in regard to the quality of rock, and would Bavin answer to that tli.it the quarry is open to Inspection, and that the Grand Jury cut. satisfy themselves as to the amount of clay and dirt'it is possible, if so desired, to mix with the rock. 1 chum if it was never Separated the percentage would be very small. Mr. Manden Manson says that he built sec tion 8a of the seawall with broken basalt rock and cobbles. I would like to" ask Mr. Hanson if it is not a fact that most of the cement did not have to be broken in a like manner? C. E. Grunsky makes the voluntary state ment that he has 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 stand* an', brand, Hnd has been extensively used by i George H. Mendcll, United States En gineer, and Herman Schus&lex, 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 was need in the gas retort at Black Point by President Crockett and Chief Engineer .Jones of the San Francisco Gaslight Company. i wiil say here that it is curious to" note that the comparative tests made by Lieutenant Kuhu were all between th. cement of J. W. Grace Company and the GilHngham. From the fact that J.W.Grace Company are sup posed to be a business firm mid well up as to the methods and forms of bidding on material in the various city and Government offices, was the only one who bid in direct opposition to the terms of the specifications aiiil blank 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 a question of "sour grapes." Furthermore, I will say that the cement tested by Lieutenant Kuhn was taken from a barrel of cement which had been oppned and exposed to the rain, and conseqently damaged, ami that Stilweli'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 in section '.I of the sea wall some 13,000 barrels of this cement, deliv ered under the second contract, the same- hav ing been on hand some four or five months. J invite the test of this cement by the Grand Jury, but prefer the sample to be selected by others than private detectives. As to the question of opening barrels and re moving portions of same, I will say before the same could be done J. L>. Spreckels Bros. & Co., MeXab <k Smith and the State's Inspector and Cement Clerk would all have to be in collusion with the Gray brothers. As for Mr. stilweli's conversation with Con tractor Mattingly, I refer you to M r. Mattingly's voluntary letterto me, which I herewith sub mit a copy of, marked exhibit 5. I must say that I admire Mr. Stilweli's con sistency, that while branding me as incompe tent, he is willing to adopt nay suggestions, hb communicated to Mr. Jordan of the Call, for testing the arches and piers with a freight not less than five times that which it will over be called upon to bear. I will go him one better and say that 1 am willing, at any time, to have a 15-ton steam wagon concentrated on a roller 3 feet in diameter and 5 feet long, rolled over every part of the foundation. In conclusion I may say the work is 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 I). Marx of Stanford Univer sity, and I assure you that I nm willing to stand or fall by their report. Respectfully sub mitted, Howard C. Holxbb, Chief Engineer of Board of Stale Harbor Com missioners ; 215 Cents Per Set, I>ecorated. These beautifully decorated breakfast and lunch sets will be sold for a short time at all GKEAT AMERICAN IMPORTING TEA COMPANY'S STORKS. Those In want of crockery, cbintiwarc or glassware will do well to visit our stores and get posted on our prices. Newest and prettiest dee signs, shapes and decorations. There is an article on this market seldom equaled and never excelled— Jesse Moore Whis key. Moore, Hunt& Co. guarantees its purity.* THE SAN FRANCISCO CALL, SATURDAY, APRIL 20, 1895. LEXINGTON ANNIVERSARY. Celebration by the Daughters of the American Revo lution. VERY BRILLIANT RECEPTION. Guests Entertained by Descend ants of Revolutionary Heroes. One hundred and twenty years ago yes terday tJic reveille of the American Repub lic was sounded at Lexington and a na tion was born. The ride of that intrepid and tralhint patriot, Paul Revere, sum moned the sons of liberty to the conflict, and from that day until King George 111 was forced to acknowledge the United States of America to be free, sovereign and inde pendent States, the band of American patriots did not permit their enthusiasm SCENE AT THE OCCIDENTAL. , [Sketched by a "Call" artist.] 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 yesterday are lineal descendents of Revo lutionary 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 bat-iota and perpetuate the memory of all those who took part in the American Revolution ami maintained the . independence of the United States of America. Early in 1891 Colonel A. S. Hubbard and Henry Mao-Lean Martin met at the resi dence of Mrs. General D. D. Colton, in this city, arid 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 pendence, as recognized patriots, as sol diers or sailors, or a3 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 .be American Revolution. The soil planted took immediate root. Mrs. Henry Mac Lean Martin, Mrs. Leland Stanford, Mrs. A. S. 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 attention that a bill was passed by the Fifty-second Congress April 5, 1892, incor porating the National Society of the Daughters of the American Revolution. Among the incorporators were: Mrs. Benjamin Harrison, Mrs. Henry V. Boyn ton, Mrs. A. W. Greely, Mrs. F. 0. Saint Clair, Mrs. John W. Foster, Mrs. Roger A. I'ryor, Mrs. Stephen J. Field, Mrs. A. Howard ("lark, Mrs. Henry Blount, Mrs. Francis M. Cockrell, Louise Ward McAl lister, Marie .• Devereux, Mrs. A. S. Hub- I 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 develop 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 .trite 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 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. Sniedburg, Mrs. Durbrow, Mrs. Holeman; music — Mrs. Wright, Mrs. Tallant, Mrs. Moody; invi tion—Mrs. T. Z. Blackburn, Mrs. T. C. Branch, Mrs. George Oreix. 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 and white striped skirt, black lace, white tulle fichu. Miss Alma Priscilla Alden, light blue petti coat, red pannier, black velvet bodice, white lace 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 figured silk, white lace. Miss Marie Voorhies white satin and chiffon. Miss Fannie Wardwell, light green crepe bodice, brocaded white crepe 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 oertha. 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, It'ev. Dr. Chetwootl, Mr. and Mrs. C. V. Ij. <;it)bs. Miss li«lpn KellPhor, Mrs. Francis Shi rant, Rev. ami Mrs. C. B. Church, Mrs. H. D. La throp, Mrs. William Alvord, Mrs. Abbie Richard- son, Mrs. Hatlle Martin. General and Mrs. W. H. L. Barnes. Mr. am! Mrs. de Lalande, Mrs. L, 11. J-mith, Prof. I'ruuk Morton, S. WonhiuKton Hub bnrd, L. C. Branch, Mrs. Z. B. Blockam, Mrs. C. M. Keeney, Mrs. It. Wallace, Mrs. Benjamin Lane, Mr. and Mrs. J. S. Morton. Mrs. Irving M.Scott, Miss Alice Boott, Mrs. Walter L. Peck. Mis. J. C. <lr> Urenyer. Mrs. C. L. Taylor, Mrs. "William H." .lardinc, Mrs. Dr. Bucknall, Mrs. llcywood, Mrs. IsaUore Bnrnes, Mrs. A. A. Wright. Dr. nnd Mrs. T. S. Ballard. Mrs. E. H. Jones, Miss Marlon Jones. Miss J. F. Reid. Mrs. .1. Dunn, Mrs. J. T. Sports, Mrs. 11. 11. Havens, Mrs. William T. Coleman, Mrs. Mary B. West. Miss Man- Lake, Mrs. E. Runnel, Mr. and Mrs. l'rentiss Smith, Mr. and Mrs. Elsie smith. the Misntg El liott, Mr. and Mrs. W. S. Wood, Mrs. William .>"or ris. Mrs. C. Ashe, Mr. and Mrs. Paul Jarboe, Gen eral Dimond, Mrs. Lucy Otis, Mrs. liU-urn Beers. Mrs. W. B. Heaky. Mr. and Mrs. Willium Mc- Donald, Mrs. B. Bruner, Mrs. William Craig, Miss K. Tbompaon, Miss Buckbee, the Misses Durbrow, Mrs. diaries Bishop, Mrs. Dutton, Miss coultier. Miss Ashburner, Mrs. J. M. Cnnninghnm. Mrs. Clements. Mrs. C. IE. Xeilson, Mis 3 Mary Bates, Mrs. T. E. stubbs. Miss WinthrO]), Miss Sargent, Mrs. BaEßb B. Cooper. Miss Cooper, Miss E. Jsor den, Mrs. J. F. Bowman, Mrs. 3. Xeal, Mrs. Thurs ton, Mrs. Thomas R. Church, Mrs. Morton Gibbons, Mrs. T. Gardener, Miss R. G. Bonestell, Miss Xeile, Mrs. B. W. Stone. Miss Co'.e, Miss X. R. Davis, Mr. and Mrs. Buckingham, Mrs. (Jiliespie, Miss Boose. Dr. and Mrs. Keeney. Miss ilamlin, Mr. aud Mrs. Van JS'eBS. Mr. Vau Ness, Frank Van Xess. Mr. and Mrs. J. D. Fry, Mr. and Mrs. Robert Fry, H. J. Spotts, Mrs. Moody, Miss Wefttly. Bishop and Mrs. Nichols. Rev. and Mrs. Walker, Rev. and Mrs. Mackenzie, Dr. and Mrs. Olbbons. J udge and Mrs. McKiiistry. Judge and Mrs. McKenna, Judge and Mrs. Wal lace, Judge and Mrs. Belcher, Professor David Btarr Jordan. Professor Martin Kellogg. Judge and Mrs. MiKusiok, Professor and Mrs. Boole, Mr. and Mm. Loughborough. Dr. and Mrs. Palmer, Mr. and Mis. lumbar, Dr. and Mrs. Keeney. Dr. and Mrs. Mi-Null, Miss Dickinson, Miss Marian Johnson, Mrs. P. B Horton, Mrs. Charles Catherwood, Mrs. A. G. Booth, Mr. and Miss J. H. Jou ett. Mrs. Aldrich, Mrs. ,lud«e McFarland, Mrs. K. B. Ilolloday, Miss May Macado, Miss c. Kip, Tlionias P. Ma<lden. Senator and .Mr-;. . I. P. Jones, Mr. and Mrs. fieonje A. Rankfn, Walter Dennlson. Mrs. J. F. Swift, Mrs. Moses, Mrs. Meyer, Mrs. W. C. Brown, Miss Eisen: Cap tain H. L. Howison, V. S. N., Captain A. 8. Barker, 17. 8. N., Commander B. H. McCalla, U. B. N., Lieu tenatit-Commander V. M. Symonds, 0. 8. N., Lieu tenant George M. Stoney, (". S. N., Lieutenant W. E. Sewell. U. H. N.. Ensign S. S. Robinson, V. 8. N., Ensign <i. EL Slocum, 17. S. N., Chief EnKincer (Jeoree F. Kutz, U. S.N.J P. A. Engineer Bolon Arnold, U. S. X.; i'ayraaster H. T. SkeldluK, U. S. X.; Surgeon G.P.Bradley, U.S. N.- Major P. O. Pope, V. S. N. : Captain O. C. Ber rvman, U. S. N.; Lieutenant CM. Perkins, U. S. N.; Lieutenant H. M. Draper, U.S. N.; P. A. En- Ktneer Emil Theiss, U. S. Is.: Assistant Naval t;on. Elliot Snow, V. S. N.; Civil Engineer F.O.Max son, U. S. ST.; Chaplain A. A. McAUister, U. S. N.; Lieutenant J. F. Bee, U. S. A.; Lieutenant-Colonel Evan Miles, U. 8. A.: Lieutenant-Colonel Edward Hunter, U. 8. A.: Lieutenant -Colonel Amos 8. Kimball, U. S. A.; Lieutenant-Colonel Johnson D. Middleion, U. S. A.: Lieutenant-Colonel John J. Rodßers, U. 8. A.: Captain Morris, U. S. A.: Lieu tenant Peyton C Much, I r . 8. A.; Captain Elbridse R. Mills, f\ 8. A.; Captain Henry ,1. Reilly, V. 8. A.; Captain Frank Thorp, V. S. A.: Lieute-nant J. D. Miles, U. S. A.: Captain J. J. O'Connell, U. 8. A.: Captain W. L. Knudler, U. 8. A.; Captain Oeorge W. Croft, V. 8. A.; Major B. P. Pope, U. 8. A.; Colonel W. R. Hhaftcr, I . S. A.; Captain H. E. Mo Vey, Captain J R. Brinckle. The boy is lather to the coming man. Placate miniature and lords of creation by palatable food, evolved by Dr. Price's Cream Baking Powder. A Broad Injunction. Judge Troutt yesterday granted a tempornry 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 11. Liebes &Co. It was directed against Jacob A. Fisher, the Consolidated Golden Gate Mining and De velopment Company, Maurice Hershfeld et al. It restrains them particularly from withdraw ing any moneys deposited in the Nevada BanK or Wcl'h, Farg'o & Co.'s Bank, or elsewhere in the name of the corporation named. No Cause of Action. Judge Baingerfield yesterday made an un usual'order, sustaining the position of both sides in a suit. J. J.Rauerhad sued Justice's Clerk E. W. Williams in a matter of fees. When the matter wab brought into court it was found that, contrary to the usual custom, both plead ings were true. There was no i^sue 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. Mark Hopkins Institute of Art Annual Spring Exhibition. Open daily. Admission, 25 cents. * In Mexico two substitute jurors sit near the jury-box in 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 pected to do so in return for the place given his sister, would not have allowed her to accept it. He said yesterday : My name was the first on the list of those agreeing to a caucus. This withdraws me from the number of those whom Mr. Daggett condemns as acting contrary to the usages of the Democratic party in that respect. Since my sister was removed from her position, and fof political reasons, it must be, therefore, that I am classed 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 platform of the Democratic party and the welfare of the people. They worked for terminal facilities for the valley road. They worked against the streetcar bill, the anti-scalpers' bill and other infamous Southern Pacific measures. They withstood powerful influences, too, in thus acting up to the promises of their party platform. If they are now classed as un-Demooratic by Mr. Daggett, I am glad to be considered of the same kind. They are men with convictions and with the courage to support those convic tions. I trust I shall ever be counted with 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 anti-monopoly, 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. But it would have been made at the expense of the party. 'Why,'' explained the Senator warmly, "if the Legislature had been wholly Demo cratic, and if Mr. Dagsett 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. It is the principle involved. 1 am objecting to representative Democrats being punished for doing what they consider their duty and acting for the interests of tne De mocracy instead of the interests of a man who has shown that he wanted to buy their votes with patronage. '•I 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 Eatronage of the Mint to his private am itions. When 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 Shrek 2. Overture. "Daughter of the Regiment" Donizetti 8. Waltz, "Vienna Girls" Ziehrer 4. l'ntrol, Turkish Micliaelis 6. Les Preludes Liszt DKBORIPTIVK. "What isonr life other than a succession of pre ludes iO that unknown song, whose first and most solemn note Death rounds? Love is the radiant Aurora of every heart, but is it not destined th«t the first pleasure of hupplness shall be interrupted by the Violence of storms, whose harsh breath dis p-I his cherished Illusions, destroy his shrine with deadliest light ning, and who in his innermost wounded soul seeks not Willingly, after such dis tinction, the lovely quiet of country life to lull his recollections? Nevertheless, man bears not long the p. >rfect rest In the midst of the softest of na tuie s voices, and when the stirring storm sistuil resound-, he hastens, however hot may be the tight that culls him to the ranks of the strife. To the most perilous post he come Into the thickest of the field attain, with clear conscience and in full pos. session of his faculties." 6. Overture, "Ruy Bias" Mendelssohn 7. Wiiitz, "Pesther" Limner 8. Paraphrase, '-Fruehungslied" Nehl 9. Fantasia. "Traviata" Verdi 10. Oalop, "The Storm of Lp Bourget". ..Pchirmer Considerable complaint has been made that most of the music under Herr Scheel's direction has been rather too classical for popular appreciation. The Car Accountants. The members of the International Car Ac countants' Association returned to the city yes terday from Monterey. They stopped at San Jose on the way and were driven about the city in carriages by the citizens and shown the principal 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 at the Pacific Yacht Club house at Sausalito, when addresses \\<>iv made by Henry E. High ton and Superintend ent Daggett of the Mint. President Oaborne of the Association responded. To-day the mem bers will devote to seeing the sights of the city and will leave in the evening at 8 o'clock in their SDecial train for Portland in charge of William McKay of the Southern Pacific Com pany. : WELLEK-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 boy's 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. Yesterday, however, all the parties met in Judge Coffey's court. Frank M. Pixley had agreed to* his wife's adoption of the boy, and Herbert Bird Weller and Fanny M. WeLler. the parents, signified their willingness for the 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 fatnilv which has always spelled the name in the very old English way. No end of good tilings can be prepared with Dr. Price's Baking Powder. And then it works so quickly. WAS NOT IN GOOD 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 taken up 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, 1395; 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. Upon 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 Steamship Company, to either call a meet 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 w r rit was issued, the defendants demurrei , 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 purpose of putting the machinery of the courts in motion. "The affidavit shows on its face that in 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 question the acts of the directors regarding the meeting. The contention of the other side was out lined by Mr. Cole in his opening remarks. "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, stopping the speaker, said : "As a matter of pleading Ido not see how I could 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. The Foresters' Picnic. The Foresters have sold 6000 tickets for a picnic they are to give at Schuetzen Park, San Rafael, on May 30. There are over 10,000 mem bers belonging to the order in San Francisco. Charles S. Kapp, chairman of the committee on arrangements, says that 126 wholesale mer chants have contributed prizes, some of which are worth $75. Their total value reaches nearly $1500. 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. SEE THATTAQI /T'g oh cvsry MANTELLCM&- NEW TO-PAY. Health and Beauty, Youth and Loth, It takes a woman to know a woman. (TRADEMARK.) A Scientific Discovery by a Woman to Cure Women. Women of All 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 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. It cures 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. It cures 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 women. Price, $1 per bottle ; 6 for $5. At druggists or by mail. MME. SI. VALE, Health and Beauty specialist, Yale Temple of Beauty, 146 State street, Chicago. . i IiKDIM.TIIX & CO., Wholesale Drug- "gists, San' Francisco, are supplying th« Pacific Coast with all my remedies. DO YOU If you wear per- \TrT^ A *""V cale and outing \\ E^J\a\. Shirts, this con- " ■ cerns you. The new line for • j"~*l Tkft *\ Spring '95 of the tliYi • 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. V W TRADE, j ' 1! Al»i>- - Manufactured by Neustad- 'I] j=i r=a \ ter Bros., San Francisco. |MJ I illL W. L. Douglas 4fef> CUAEP IS THE BEST. %9w viiW£' riT FCR AKINS - CORDOVAN, jt^M'^'^sL TRENCH a enamelled calf. mm: '%4. S 3 Fine C.ALF&KA!WAmiI fip|H^,]sM $ 3.3? POLICE, 3 soles. W^Wr] * 2 V $ 2. WORKINs^Ns S§i?' «M j '*• • EXTRA FINE- I l *. $ 2M 7* BGYS'SCHOQLSHOES, •MflfesAdP®B3ac SEND FOR CATALOGUE "*at!SS£j.T7P®f*'>' BROCKTOHJtaSS. Over One Million People wear the W. L. Douglas $3 & $4 Shoes All our shoes are equally satisfactory They give trie best value for the money. They equal custom Shoes in style and fit. Their wearing qualities ere unsurpassed. The prices are uniform, •"Stamped on sold. From $i to $3 saved over other makes. If your dealer cannot supply you we can. Sold by B. KATSCHINSKI ......10 Third St. K. I'AHL - • ......... ...... 324 Kearny St. JOS. KOHLBECHER 123 Fourth St. SMITH'S CASH 5T0RE.. ......... 418 Front SU D.D0N0VAN. ..........;...... 1412 Stockton St. M.MILLER & CO :.......214D Mission St. A. STEIN3IAN -•• Golden Gate CLOSING OUT FURNITURE. SAMUEL REAL FURNITURE CO., 741 MISSION ST. GOODS NOT SOLD BEFORE APRIL 23 WILIi be offered at auction on that day.