The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-12-23
COOKERY IS AGAIN
ACCUSED OF WRONG
Kavanaugh & Gallagher
Charge the Milkman
With Malice.
The Celebrated Pioneer Dairy
Case Up Again in Another
Form.
Calling in Question a $50. Called
Test" Made On Cold, Windy
Night in the Open Street.

Milk Inspector Dockery had another
suit filed against him yesterday, the plain
tiffs being Robert P. Kavanaugh and
Joseph F. Gallagher, proprietors of the
Pioneer Dairy. Mayor Sutro and the
other members of the Board of Health
are made co-defendants with Dockery on
the assumption that they would accept
Dockery's report as against the plaintiffs
in respect to the quality OF milk furnished
by them, to their irreparable injury.
Messrs. Kavanaugh & Gallagher
allege that on the 18th inst, on Folsom
street, between Eighteenth and Nine
teenth in this City, between the hours of
and clock, the said defendant, Dock
cry, took possession of a wagon-load of
pure milk belonging to the. pla intiffs, and
emptied the milk into the street under
the pretense that it was impure, when in
fact it was pure milk. and contained more
than II per cent of milk solids, less than
SO per cent of water or fluids, and more
than 1-5 per cent of fats, and that said
milk conforned in all respects to the re-
quirements of the ordinances of this City
in regard to such matters.
1t is fur ther set forth that on the 18th
inst. Do ckery reported to the Board of
Health that the milk SO destroyed was
impure and recommended tn at the permit
to sell pure milk heretofore granted to
the plaintiff be revoked and Cancelled;
that the Board of Health cited Kavanagh
& Gallagher to appear and show cause
why their permit should not be annul led,
and objection is made to this proceeding
on the ground that no proper trial can be
had before the Board of Health, as that
body has no power to issue subpenas and
compel the attendance of witnesses.
Furthermore, it averred that Dockery has
threatened to assault Kavanagh & Gal
lagher if they attempt to defend them
selves before the Board OF Health.
The plaintiffs further allege that at the
time the milk was destroyed ''so-called
test'i was made by Dockery in the night
time, between the hours OF and O'Clock
in the morning, on cold and windy
night in the open street, and that if the
So called test had been made by an i'm
partial and unprecedented man he could
not have correctly tested the milk by the
means adopted at such time and under
such conditions.
Dockerys good faith is brought in issue
by the assertion that when ne destroyed
the milk here mentioned. falsely charging
that it was impure, he did so in fraud of
plaintiffs rights, and knowing that the
plaintiffs were not selling impure milk,
and that the milk so destroyed was pure;
that Dockery is illiterate ano intern perate
and unfit for the position which he holds,
and that his action in this case as in
many others was malicious and unwar-
ranted, and done for the purpose of in
juring these compliments In their bust
ness.
For motive on the part of Dockery to
injrre them. Messrs. kavanaugh d Gal
lagher aver that on the Goth of last Feb
ruary Dockery seized and destroyed milk
in which one of these plaintiffs was inter-
ested on the pretense that it contained
preservsline, though he knew that accusa-
ton TO be false; that the Identical milk
was examined and tested by Professor
Thomas Price, a scientific man and chem
ist, who declared the milk to be pure;
that ever since February Dockery has
maliciously, illegally and fraudulently
charged these plaintiffs with selling i'm
pure milk. whereas in tact they were and
are selling nothing but pure and uEadul-
terated milk; that Dockery's action was
taken for the sole purpose of destroying
the plaintiffs business by giving pub
licity to false and malicious statements.
Taking a side lick at the Board OF
Health, the plaintiffs allegee that the
Board OF Health purposely delayed the
hearing of the accusations filed by Dock
cry with the intent and object of destroy
ing the business of the plaintiffs and that
the Board of Health will. If not enjoined,
take from the plaintiffs permission to
carry on their business.
On this showing Judge Hunt granted
temporary order restraining the Board Of
Health from revoking the license of
Kayanaugh & Gallagher and will hear
argument in regard to the matter at 10
o'clock this morning, at which time q
decision will also be delivered on the de-
murrer 10 the suit for the removal of
Dockery from office on the ground of
blackmail and Intem perance.
Mr.. Dockery said last night that he gave
the milk of the Pioneer Dairy full and
fair test, giving them sample of that
taken. He is willing to abide by that test,