The San Francisco call., 1899-09-08
Sill YER WANTS
GOLD FROM THE
FAIR MANAGERS
Filipino Exhibit Is the
Bone of Contention.
CONTRACT CAUSED TROUBLE
MECHANICS INSTITUTE AGENT
EXCEEDED INSTRUCTIONS.
A misunderstanding About Curios
That Was Brought About by
Mix-Up of Representa-
tiveS.
CONTRACT CAUSED TROUBLE
INSTITUTE AGENT
EXCEEDED INSTRUCTIONS.

w. B. Silver. who is known in This city
from the fact that he has brought here
collection of Philippine curios for eXhi-
bition at the Mechanics Fair, threatens
suit against the Mechanics Institute. The
amount that he will sue for is not men
toned by either Mr.. Silver or his at
torney, Roscoe S. Gray, but both say that
it will be many thousand dollars. The
threatened litigation has for its origin
instructions which seem to have been diff
ferently interpreted.
When 1t was decided that Philippine
exhibit would increase the attractions of
the Mechanics Fair the trustees of the
institute communicated with Lieutenant
Perry Hayne of Battery A, California
Heavy Artillery concerning the, exhibit.
But, before Lieutenant Hayne had con-
cluded any arrangement, hostilities be-
tween the Filpinos and the United States
began and Lieutenant Hayne was ordered
to proceed TO the front.
He informed Colonel Denicke, president
of the Mechanics Institute, of that fact
and expressed the opinion that the hostil-
tiles would render the exhibit impossible.
Joseph NJ. Cummings, secretary of the
institute, wrote then to Lieutenant Hayne
asking him to do the best he could even
If it could not be on the lines originally
planned Colonel Denicke also wrote. sub
sequentIy, to Lieutenant Hayne, mention
ing the fact that W. L. Thomas had been
requested to call upon the officer and Of
fer his assistance. In conclusion Colonel
Denicke wrote that if Lieutenant Hayne
had need for such assistance as Mr..
Thomas could offer he need not hesitate
to avail himself of 1t.
Lieutenant Hayne. to make a short
story of it, turned the business over to
Mr.. Thomas of making the deal with Mr..
Silver, who had a collection of curios. Mr..
Thomas entered into a contract with Mr..
Silver, which contract was drawn up oy
O. F. Williams then the United States
Consul at Manila. According to Mr..
Gray, Mr.. Silver's attorney, this provided
that Silver should receive $50 per month
from the time he left Manila until Oc
tober T. 1899, the date of closing the fair
or $3.50 in total; also free transportation
for himself and his goods from Manila TO
San Francisco and return; also that the
trustees of the institute should pay the
goodwin" or warehouse, charges in Ma
Mia; also that Silver and his goods should
be brought to the United States upon a
transport; that space was TO be given in
the fair for the exhibition of the goods;
that the institute should pay all customs
duties on the Curios imported to the
sale of the curios at the fair, limiting the
sale to such articles as Silver had in dupli-
cate, the purpose being TO keep the col
lection intact for exhibition purposes:
finally that, at the close of the fair, the
curios should be transported at the cost
of the trustees. to Cleveland. Ohio.
A trustee of the Mechanics Institute,
speaking for the board of trustees, made
this statement last evening: I'VE in
structed our agent, Perry Hayne, at
Manila, to make an arrangement with
Silver to give Silver free transportation
for himself and his goods to San Fran
cisco. We were to place them in the fair,
where they would be favorably exhibited
to be sold. For this service the institute
was to receive 2S per cent of the sales.
On account of his military duties Lieuten-
ant Hayne turned the matter over to Mr..
Thomas When Mr.. Silver finally arrived
here we found that he had an agreement
which went far in excess of the instruc
tions given by us-giving Silver salary;
obIiging US to pay customs duties, and
Cleveland. Ohio. We cannot carry out
the terms of that agreement for they
were not authorized.
Mr.. Silver said last evening that he
would sue the institute to recover on the
following items: S150 and also the cost of
transporting the goods back to Manila;
the cost of transporting the goods to
Cleveland, Ohio, which will be between
$500 and $500; the customs duties at San
$500: also-and this will be the biggest
item-for loss on the expected sale of his
goods here, he claiming that the goods
have been sent back. to the unclaimed
warehouse and so cannot be sold. This
is the item that will call for thousands of
dollars.
Mr. Silver claims to have copies of the
letters sent by the president and secre-
tary of the institute to Lieutenant Hayne
claim good Until late yesterday after
noon there was a good chance that the
controversy would be settled out of court.
Then the attorneys had a final interview,
AT the end of which Mr.. Gray announced
that suit will be brought.