The San Francisco call., 1905-05-12
SLATE SMASHED
ON WATER FRONT
John H. Nelson Fails to Get
Position Formerly Held by
Ex-senator Frank French
HENRYCROCKER OBJECTS
Harb0r Commissioners Are
Asked to Consider Claims of
Former Engineer Holmes

There was gossip on the water front
yesterday that the Harbor Commis-
sioners had slated Senator John H
Nelson for the position of superintend-
ent of dredgers. formerly held by ex-
Senator Frank French. There was a
conference or caucus of the Commits
sioners prior to the regular meeting.
Immediately after the caucus dissolved
word was given out that nothing
would be done at present. Charles
Putnam holds the job now and may
demonstrate his ability to hold 1t with
something like a permanent grasp. 1t
transpires that Commissioner Henry
j. Crocker bucked when the PROPOSE
ton was advanced to appoint one of
A Ruef's lieutenants to the place. The
salary attaching to the position is
$2400 per annum.
The board in regular session yester-
day granted to Healy, Tfbbetts & Co.
an extension of ninety days for the
construction of piers AZ and "A, Pa
cif1c Mail dock. 1t was set forth in the
petition for more time that the sea-
wall was not completed until April
q and therefore the contractors were
not able to begin work on the piers
until that time.
F. S. Stratton, on behalf of Howard
c. Holmes, expressed a wish that the
board would adjust In some concilia-
tory manner the demands of Holmes.
The latter claims a patent right on
the cylindrical piers used in dock con-
struction. In the Federal court, Judge
Morrow presiding, Holmes got a YER
dict of $4,000. The Circuit Court of
Appeals reversed the judgment on the
ground that Holmes gave the board
the right to use the process. No ap-
peal was taken to the United States
Supreme Court On the retrial of the
case Judge Morrow instructed the jury
to find for the defendants, the Harbor
Commissioners. The argument was
made by Attorney Stratton that
Holmes really gained every point in
the litigation and would have recover
ed damages amounting to $4,000 II
an agreement to which he (Holmes)
subscribed allowing the board to use
the process pending the litigation had
not been presented. 1t seems that this
agreement was introduced in violation
of compact between Holmes and the
board.
At the last session of the Legislature
a bill was passed through both houses
giving Holmes the right to sue the
State, Notwithstanding the agreement
that the board should use the patented
process.
Mr.. Stratton remarked: The Gov
ernor did not sign the bill, therefore
we did not get opportunity to go into
court"
Mention was made by the Commits
sioners of a letter which the Governor
wrote, wherein he expressed a hope
that an adjustment of the claim might
be made which would not impose on
the State an obligation to pay future
royalties.
w. II. Davis. attorney for the board,
was in court yesterday afternoon and
therefore did not hear Collector STRAIT
ton. The Commissioners consented to
take the subject under advisement.
The fact was noted by the Commits
sioners that Holmes obtained the
patent while working for the State as
chief engineer of the board. Incident
ally mention was made that the State
had expended $1,000 In fighting the
Holmes claim for damages. Former
Governor Budd represented the board
In the trial of the case