The San Francisco call., 1898-02-25
LODGED THE
 CONTRACT LAW One Way of President COlnOn to Give Work
 to His Friends.
HarbOr Commissioners Divide Orders to Keep Under
 the Limit.
Split Big Contracts and Gave Out Jobs Without Asking for
 Competition.

The plaintiffs in the action of the Paraffine Paint Company against the State Board of Harbor Commissioners announced to the court yesterday morning that they had submitted their case. Then the defense began. There were no lurid arguments on either side The attorney for the plaintiffs simply said on the opening of the court: We rest our case" Attorney Stratton, who represented the defense, said that he would not at this time ask for a non suit, but he would show to the court out of justice to his clients that the statements contained in the complaint of the plaintiffs were without founda- tion in fact.
 H. c. Holmes, the chief engineer of the Harbor Board, was called to the stand. In answer to questions of At torney Stratton he said he knew of no spruce piles being used in construction work on the water front since Com missioner Colnon was appointed to the board. He explained that piles of diff ferent lengths were purchased from forty feet up. according to the uses that were required of them. Piles un- der forty feet in length were usually cut from the sixty feet lengths, and it was shown from that that the piles used that were not of the required size specified in the specifications were short ones cut from the smaller ends of the long timbers
 To the plaintiffs attorneys he said he inspected the work of creosoting the piles, and those he examined were per fectly treated with the preserving prep aration. The immediate work of in spection was done by inspectors hired by the board, and, though they came under his supervision, he had to accept their reports as correct and that the work was properly performed. He had rejected some piles that were passed by them because the work of creosoting them was improperly done In the spe clflcatlonS for the repair of the Green- street wharf twenty creosoted piles day are called for. The engineer said the San Francisco Timber Preserving Companys plant was sufficient to turn out that many properly creosoted piles III day. The piles required for the work were to be eighty feet in length. One Of the retorts in which the piles were to be treated was only from fifty to sixty feet in length The engineer said he understood that the retort was to be heightened sc as to be ready for the piles for the job.
 The engineer was asked about the re- pairs now being made to the Mission street wharf. He said they were urgent, and told of orders being given to the San Francisco Timber Preserv- ing Company to creosote 287 piles for the Job The cost of preserving these piles will amount to about s4OOO. The order was cut in two pieces. and the nrst 1ob given to the creosoters was for 100 piles, and week or ten days later P. F. Dundon and his friends were told to prepare 1S7 more piles for use on the Job. It is claimed that the job was cut In two and separate orders given for the work of preserving the piles so as to avoid the law which requires work on State structures that amounts to over $3OOO to be awarded only by con- tract on competitive bids
 Holmes was asked further about the reports of the creosote inspectors, and as he did not have them with him, a recess was taken till the afternoon, when he promised to have the written reports in court.
 Engineer Holmes had the reports of the inspectors with him when the court opened in the afternoon. They, how
 
 portance to either side, and the reports were read in perfunctory manner.
 Do you know" asked Attorney Cope, why the order for preserving the piles for use in the repairs to Mis- sion-street wharf was not given for 2S7 piles at one time instead of giving two distinct orders for the piles?"
 Attorney Stratton, the counsel for the defense, objected to this question, but the court allowed it, and Holmes re- piled:
 'The only reason I can give is that the orders were given that way so that each order would be for amounts less than $3000, and according to law the orders could be given without advertis- ing for bids.'
 The witness said the orders for the preservation of the piles in two orders instead of one were given at the direc- tion of Commissioner Colnon, and it was done to defeat the 5000 limit law.
 Harbor Commissioner F. J. Harney said he was not member of the board when the Slade lumber contract was let and he knew nothing of the trans action except from hearsay. He was questioned as to his knowledge of creo- sote as a timber preservative, and he said from his researches in that direc- tion he believed creosote was the best material that could be used. The ob- ject of this line of questioning, Attor- ney Stratton said, was to show that the Commissioners had used due diligence in acquainting themselves with timber preservativeS used in the construction under their supervision.