The San Francisco call., 1898-01-31

prices named in the said bid of the said Paraffne Paint Company, for the same character of work described in method A of said specification; and that the cost of said work during the past year has amounted to more than s50.OOO
 Reference has been made to the Hea- ly injunction, which was dismissed without having progressed to a hear ing of the issue involved. Further light is thrown upon the nature of the con- troversy by the complaint sworn to by Contractor Healy, which contains the following specific charges:
 That on November l. 1897, the said board caused to be published in the San traneisco Call, newspaper published in said city and county, a Notice to Con tractors, which notice contained. among other things, the following. Said pro- office at or prior to 2:30 o'clock D. m. on Wednesday, November 27. 1897, for the treatment of piles for use in the repair or Green-street wharf, and also for the treatment for such other piles as the said board may offer for use for period of one year, according to the specifications prepared therefor by the chief engineer or the board, and adopted by the board November 10. 1897, and on file in this office to which special reference is hereby made; the materials to be used either creosote, paraffine pile covering, perfec- tion pile covering or timber and board tor the manufacture of piles) as per specifications of the chief engineer
 That the specifications call for the ere osoting of the piles, to be used in the re- pair of said wharf, and such other piles as the said board may order for the use Tor period of one year, according to the
 That piles must be fully submerged in the dead oil, which will be heated to a temperature of PIP to 220 degrees Fahren- heit. they will then be boiled in the same until all sap and moisture are extracted. This process must continue until there IS not more than at the rate of one-Quar- ter of pound of water per cubic foot per hour coming from the retort to the re- celving tank; before going into the re- ceiving tank all vapor must pass through condenser and be reduced to a liquid form.
 '-The oil must be then injected under pressure until the requisite quantity of oil Is injected"
 AfIiant further says upon information and belief that said process is a patented one and under the exclusive control of the San Francisco Timber Preserving Company, and that said specification was adopted by said board for the purpose of preventing free competition, and with in- tent of precuding all persons from bid ding upon the treatment of piles except the San Francisco Timber Preserving Company; and that said Board, unless prohibited by this honorable court will enter into q contract with said San Fran cisco Timber Company for the treatment of said piles by the process herein named. That said process is an inferior method of treating piles and that there are several unpatented methods more eff ficacious than said process. That said firm of Healy. Tibbitts & Go. desire to bid for said work but are prohibited and prevented from so doing by reason of the said specifications; and that said affiant Is citizen and tax payer of said State and makes this affidavit for the purpose of procuring a writ of prohibition to be issued out of this court to the said Board of Harbor Commissioners and the mem bers thereof to prohibit and restrain them and each of them from entering into said contract with the San Francis co Timber Preserving Company, or any other contract under said specifications
 Thus 1t will be seen the charge of collision raised by the Paraffine Paint Company against the board was made in open court prior to the action in- stituted by them. The essential accu- sation of the Healy complaint that said process that of the San Fran cisco Company is an inferior method of treating piles and that there are several unpatented methods more efff- cacious than said process" may be- come an important question for proof in the pending litigation. Expert tes- timony will be required on this point
 While no tangible evidence as to the participation of the board or any of it's individual members in the profits of the Dundon-S -Slade syndicate is affirmed in the technical proceedings, it may be at