Q. You were working ten hours a day? A. Yes, sir; we commenced to work at seven o'clock in the morning and worked until six at night.

Q. He told you that would be the time? A. Yes, sir.

Q. Do you work there now? A. No, sir; I was discharged on Saturday morning.

Q. Have you gone back to work? A. No, sir.

Q. Were you not working there yesterday? A. No, sir; I am working for another firm.

Q. You are working on Section 6 of the seawall? A. Yes, sir; but for another man.

Q. A sub-contractor? A. Yes, sir; Mr. Cummings.

Q. Was anything said where you should board, when he hired you? A. When I was first set to work, no; he never asked me where I was boarding. Q. Anything said at any time about where you should board? A. He came along and told me, and all the rest of them, that we would have to go and board at Kerwin's, along with the rest of the men, and he said he had got orders to that effect.

Q. Mr. Gray said he had orders to that effect, that the men that worked there should do what? A. Board at Kerwin's.

Q. Did you go? A. No, sir.

Q. Did you work? A. Yes, sir; I did not have to go. I went and spoke to Mr. Mertens, and asked him if he would allow me to stay where I was. He told me if he would grant me that favor they would all be after him, so he said he would not have anything to do with it. He told me I must go and see Mr. Gray.

Q. How long ago that Mr. Gray told you that you must go to Kerwin's to board? A. On the fourteenth of June.

Q. And you did not go? A. No, sir.

Q. And you kept at work? A. Yes, sir.

Q. And have you been discharged? A. Yes, sir.

Q. And are now working for a sub-contractor? A. Yes, sir.

Q. Did you hear. Gray, or any one in connection with the construction of the seawall, tell any of the men where to go to board? A. Yes, sir.

Q. What did you hear? A. Mr. Mertens told me himself. I told him a lie at that time. I told him I was living with my aunt; that I was boarding in my aunt's house.

Q. What did you tell him that lie for? A. I thought he might favor me, and let me stay where I was by saying that.

Q. Do I understand that Mr. Mertens came to you and told you that he would not grant any favors, and that you would have to board at a certain place? A. He told me that I would have to go and see Mr. Gray.

Q. And then you told him a lie, and said you were boarding with your aunt? A. Yes, sir.

Q. You thought that would mollify Mr. Gray's determination? A. Yes, sir.

Q. And finally he said he would not interfere with you? Did he specify any particular place where he wanted you to board? A. No; he did not. Q. Did he say all the men that worked on that Section 6 of the seawall would have to board at a certain place? A. Yes, sir.

Q. Mr. Mertens told you? A. Yes, sir; at that time.

Q. When was that? A. I could not exactly tell the date. It was some day after Mr. Gray told us; I believe it was on the twelfth or the fourteenth of June.

Q. The question is, did Mr. Mertens ever tell you? A. Yes, sir; I was the only man that spoke to Mr. Mertens.

Q. And Mr. Mertens told you that all the men that worked on Section 6 of the seawall must board at a certain place? A. Yes, sir.

Q. Did he mention the place? A. Yes, sir.

Q. State what he said? A. I said that Mr. Gray told us we would have to go there on Monday morning, and I asked permission of Mr. Mertens. Q. In the first place Mr. Gray told you that you would have to board at a certain place on Monday morning? A. Certainly. Q. Where was that place? A. Mr. Kerwin's.

Q. And you went to see Mr. Mertens? A. Yes, sir.

Q. What did Mr. Mertens say? A. At first he said he did not want to talk with me, and to talk to Mr. Gray, and I went away, and I worked that day. I put up the tools, and Mr. Mertens was on the wharf that afternoon, and he came up to me and said: "Ain't you the man that spoke to me about this boarding?" And I said: "Yes, sir." "Well," he said, "what do you want?" "Well," I said, "I am boarding with my aunt and I would like to stay there; she is a poor woman;” and I said “I didn't see why I should be compelled to go to another house, and rather than do that I would just as leave get my time." He said: "If I grant you this favor I would have to do it to all the rest.” "Well," I said, "I don't want any favor; I would just as soon get my time, anyway."

Q. And he said that you go and see Mr. Gray? A. He told me to go and see Mr. Gray about it.

Called and sworn.

JOHN D. YOUNG.

MR. ENOS-Where do you live? Answer-In this city.

Q. How long have you lived here? A. Three or four months.
Q. A single man? A. Yes, sir.

Q. What is your age? A. Twenty-one.

Q. Did you work on Section 6 of the seawall? A. Yes, sir.

Q. When? A. I was working there last week.

Q. When did you commence to work? A. I commenced to work about five or six weeks ago.

Q. How long did you work? A. I worked off and on about three weeks. Q. Who did you make the contract with? A. I worked for Mr. Joseph. ́ Q. Who hired you to work there? A. Mr. Joseph.

Q. What were the conditions on which you went to work? A. 20 cents an hour.

Q. How many hours did you work a day? A. Sometimes five and sometimes more.

Q. What was the branch of business you were employed in? A. Leveling rocks at low tide.

Q.Was there anything said in relation to your boarding at any place? A. I got discharged on account I did not want to go to board at Kerwin's. Q. Who discharged you? A. Mr. Joseph.

Q. What did he tell you? A. He said Mr. Mertens told him he had

to discharge us unless we would board at Kerwin's.

Q. Did you refuse to board at Kerwin's? A. Yes, sir.

Q. And you were discharged on that account? A. Yes, sir.

Q. By Mr. Joseph? A. Yes, sir.

Q. And Mr. Joseph is a sub-contractor? A. Under Mr. Mertens.

Q. Any relation to the contracts? A. He was foreman at that time.

Q. I thought Mr. Gray was foreman? A. No, he was foreman leveling off the rocks.

Q. Joseph was foreman of that branch of the work, leveling off the rocks? A. Yes, sir.

Q. At that time, he told you that if you did not board at Kerwin's you could not work there? A. Yes, sir.

Q. And you refused to board there? A. Yes, sir; and I got discharged. Q. When were you discharged? A. Three or four weeks ago.

Q. Have you been to work there since? A. Yes, sir, when he got the sub-contract he hired me over again and I got discharged just a week ago. Q. How long did you work for him after he hired you on the sub-contract? A. I worked about four or five days.

Q. Under those last arrangements? A. Yes, sir.

and if I can do anything for you, I will try and do it. If you only knew how to boil acids, I could get you a job in the powder factory."

Q. Did he ever find fault with you for not doing his work? A. No, sir; I am certain I can do any kind of work; before that he used to pass my house every day and get me out to work. Now, he is living in the house, and there are a lot of idle men, and he can go around to Kerwin's looking for men, and he can come up to the house and get them every day, so I must be able to do his work.

Q. Have you received your pay? A. Between that time and I got discharged the first, there was; Joe came to us and wanted more men, he says "I have the other job now," and he went down to Second Street

the sub-contractor works for the company, but he did not tell me where we were going to get paid, or anything.

Q. That was last week? A. Just a week ago on the twenty-fifth.

Q. They paid you by the middle of the month? A. So I heard; so the men told me in the office here.

JAMES KERWIN.

Called and sworn.

LEO GRUEN.

MR. ENOS-What is your age? Answer-Twenty-seven.

Q. Single man? A. Yes, sir.

Q. Live in this city? A. Yes, sir.

Q. How long? A. About three years.

Q. Did you work on Section 6 of the seawall? A. Yes, sir.

Q. As a day laborer? A. Yes, sir.

Q. Who hired you? A. Mr. Joseph.

Q. The first time? A. Yes, sir.

Q. I examined you the other day. Have you any additional testimony to offer before me? A. No, sir. That is all I know; I swear to everything I said.

Q. Were you discharged at that time? A. Yes, sir, just after that exami⚫nation.

Q. After you came up here you were discharged? A. I worked until that night.

Q. Was anything said to you why you were discharged? A. I asked him in the afternoon before I went to work; when I came back, I said, "Joe, I don't think there is any need for me to go to work down there any more; you will let us out, anyhow." I said, "I bet you anything you will let us out by night." He said, "You can go to work," and I said, “All right;" and I went to work, and about six o'clock, or a little after, Mr. Mertens came around, and I saw him talking to Mr. Gray for a little while, and then he came and called Joe. He called him out from the wharf, and they went about twenty-five yards from the place, and when he came back he said, "Well, boys, let's go home;" and we took our barrows and went out and sat at the supper table, and he said, "Well, boys, I have got no more work for you." I said, "Why?" Then he laughed and he said, "You fellows can't do my work." He could not tell us he was compelled to discharge us. He said afterwards, "Leo, I am sorry I have to discharge you; you are a handy man;" and he said, "You know how it is; I have two children and a wife, but I have a lot of influence down town,

Called and sworn.

MR. ENOS-You have heard the testimony here to-day by the witnesses, in relation to the men employed on the seawall being compelled to board at your house? Answer-Yes, sir.

Q. Have you any knowledge of any such thing being done by anybody connected with construction of Section 6 of the seawall? A. No, sir.

Q. Or construction of Section 5 of the seawall, as well as the construction of Section 6; whether you have any knowledge of anybody being compelled to go to your house as a condition for obtaining work on that section of the seawall? A. No, sir.

Q. There was no such arrangement that you ever knew of being entered into? A. No, sir.

MR. DAYS-Did Mr. Hackett, or any of the gentlemen under him, make any arrangement with you to go security for the board of men working there? A. Yes, sir.

Q. Do you know of any firm, or anybody connected with them, making any commissions on the men that boarded there, by getting men to board at your house? A. No, sir; not so much as a cigar. There was a man by the name of Barry who said he did, but I do not know anything about it. Further hearing adjourned.

Called and sworn.

JOHN BROWN.

SEPTEMBER 11, 1885.

MR. ENOS-What is your name? Answer-John Brown. Q. Where do you live? A. 36 Clay Street, San Francisco. Q. How long have you lived here? A. I came here the tenth of December, 1884.

Q. You have lived here since the tenth of December, 1884? A. Yes, sir. Q. Are you a citizen of the United States? A. No. I have my first papers; I am three years and four months in the United States. Q. What is your occupation? A. Laborer..

Q. Were you employed on Section 6 of the seawall? A. I don't know

whether it is Section 6; I know I was employed on Sheep Island by McMullen.

Q. For work on the seawall? A. Yes, sir.

Q. What kind of work did you do on the seawall? A. I was laboring, pick and shoveling, using wheelbarrow and rolling rocks down, and sometimes putting it in the skips to carry it to the scows.

Q. Where is Sheep Island? A. About six or seven miles from here. Q. Across the bay? A. Yes, sir; the left side from Goat Island.

Q. What kind of material do they get on Sheep Island? A. Sometimes they get rock and sometimes dirt, and sometimes rock below the weight demanded. The pieces should not weigh less than five pounds, but they put smaller. That is what all the boys can tell.

Q. You put in all sizes of rock? A. Yes, sir.

Q. Do you know what size of rock they were to put in? A. Yes, sir; everybody knows, not less than five pounds.

Q. A piece of rock should not weigh less than five pounds? A. Yes, sir. Q. Do they put in smaller pieces than that? A. Yes, sir; even smaller than a pound; or even smaller than an ounce; put it in with a shovel. Q. Tell what kind of rock they put in? A. Poor rock and dirt. Q. You say they put in poor rock? A. Yes, sir.

Q. Did they put in dirt, besides? A. Yes, sir.

Q. Where they should put in stone? .A. Yes, sir.
Q. They put in dirt and light rock? A. Yes, sir.

Was there not objection made to putting in that material? A. There was a time when an objection could be made, and when it could not be made. They worked us about fourteen hours a day.

Q. How long did you work on Section 6 of the seawall? A. I worked from the eleventh of April about two weeks, and afterwards I got hurt and I was sick ten days; and was working again seven weeks; in all, nine weeks.

Q. Who hired you? A. I got it from the employment office, Ewer & Co., on Clay Street.

Q. Did you work by the day, or hour? A. 174 cents an hour. Q. How many hours a day did you work? A. First ten, and then twelve. They now work them twelve hours.

Q. When they put in this poor rock and small stone, did anybody object to it or protest against it? A. Yes, sir.

Q. Who was it? A. The inspector, Mr. Creighton.

Q. Was Mr. Creighton employed as an inspector? A. So we were told. Q. What did Mr. Creighton say? A. Sometimes he explained that we ought not to do it, and sometimes quarreled; and once there was a fight

over it.

Q. Did Mr. Creighton fight about it? A. Mr. Creighton went up to the scow and found the dirt that was in that morning, and he told the second boss-Gus, we called him-he told him to put it out. Well, he quarreled with him, and he stood up against him in a position to fight him, and Mr. Creighton would not fight. But he still called him names, and then Mr. Creighton knocked him down.

Q. Creighton knocked down this man that was putting in the bad material? A. Yes, sir.

Q. What did he knock him down with? A. His fist.

Q. Did the dirt and poor stone go in? A. Yes, sir.

Q. Now, was there a good deal of the poor material put in? A. That is a matter of estimate. In my opinion it was about 20 to 25 per cent, but I did not stand at the scow.

Q. In estimation, there was your there about 20 to 25 per while you were cent of the material, dirt and small stone, put in that should not have been put in? A. Yes, sir; it was poor rock and small stone and dirt.

Q. Do you know anything about any Chinamen being employed on Sheep Island? A. There were three Chinamen; a cook and two waiters, that is all.

Q. They were employed to cook for the men who were working on the seawall, by the contractors? A. Yes, sir.

Q. You boarded over there? A. Yes, sir.

Q. How many men were employed there? A. In the beginning, when we started, I think there were forty, and afterwards there was more than seventy, most of the time more than seventy.

Q. Do you know of any accident happening to the men that were working there? A. There was a great many. I know two men got hurt while I was there. I was there when they sent a witness from Sheep Island to testify it was his own fault.

Q. Did you get hurt there? A. I got hurt.

Q. How did you get hurt? A. They rolled down a rock at that time and a piece of the rock struck me on the head; I felt very bad but we were sent to go to work.

80.

Q. Was that through the carelessness of the men? A. I am sure it was

Q. Was there anybody else hurt through carelessness in working over there? A. At the time I got hurt there was a man got hurt every day. Q. Through carelessness? A. Through carelessness I was hurt. Q. Did you have any of your limbs broken? A. My finger is now stiff. I do not know whether it was broken-the third finger on the right hand. Q. Was that brought about by the carelessness of the men? A. Yes, sir; for I think they ought to have a man to warn us when the rock rolls down. Q. How many accidents do you think took place, through the carelessness of the contractors, over on Sheep Island? A. I know a man who lost the whole right arm; he is in town now, I think.

Q. Was that through carelessness? A. Yes, sir; the beam of the derrick broke down and sent a skip over, and the skip struck him on the head, but did not hurt him much, but hurt his arm; it has paralyzed it, and he has it now in a sling. There was one man got hurt who had his legs

broken.

Q. How did he get hurt? A. I did not know at that time. I heard it among the workmen. Everybody knows it in town that he got hurt, as they say, by the carelessness of the company. He was taken to the County Hospital, and died there.

Q. How many people do you think got hurt through the carelessness of the company? A. One time I think as many men got hurt as there were days.

the first time; two weeks the first time, and I think it was about fourteen Q. You worked nine weeks. That would be over fifty men? A. No; not to sixteen men.

Q. Some of them with fingers broken, and some with shoulders broken, and others with legs broken? A. Yes, sir; and I call them hurt when they are compelled to leave work. I know a great many that got hurt and got well afterwards, but they were compelled to give up work.

Q. What did you have to pay for your board? A. $4 50 a week, or 214

cents a meal.

Q. What kind of food did you have? A. Very bad, in general; mostly

very bad; four days there was not any bread, so I was told; but I was not there at that time, and when I was there it was very often rotten meat. Q. Did it stink? A. Yes, sir; and stinking butter.

Q. You had miserable food, did you? A. Yes, sir; and often there was not enough to satisfy the men.

Q. Did you work there when they had not any bread? A. No; but it is a fact, and everybody can testify to that.

Q. You had stinking meat? A. Yes, sir.

Q. And stinking butter? A. Yes, sir.

Q. What was the matter with the butter? A. It was not good. Q. You had poor food? A. Yes, sir; very poor, and often not sufficient. Q. The quality was poor and the quantity was very light. Did you have food enough and good enough for a workingman? A. Sometimes only.

Q. Did you make complaints? A. Once, but it was no use for the white men always stood apart; but once in the beginning there was about 25 to 30, and they were complaining over the bad food over there, and one day they came in the morning and there was no breakfast at all, and they left altogether.

Q. You say that the men left because they did not get enough to eat? A. Yes, sir. At that time I was working there.

Q. You paid $4 50 a week? A. Yes, sir; and I told the boys once in joke that we could get, for $4 50, better board than we were getting there. It did not please me.

Q. Did you work there until you were discharged? A. I was discharged with six other men. They discharged the parties as the work got slack. I belonged to the third party that was discharged. There were ten discharged, and then fifteen, and the third party was seven altogether. Now they have started again.

Q. All the time you were at work on this seawall, did you ever work over on Sheep Island? A. Yes, sir.

Q. How long did they have these Chinamen there? A. There was one Chinaman when I went to work there.

Q. Was the Chinaman there when you left? A. No; the week before left they put a white man on.

Q. When did you leave? A. It was about the twentieth or twenty-first of August.

Q. And when you left they had no Chinamen? A. No, sir.

Q. When did you go there? A. I went on the tenth and started to work on the eleventh of April.

Q. And they had this Chinaman there? A. Yes, sir.

Q. And they stayed there to the twentieth of August? A. They stayed until about the tenth of August, and I left on the twentieth. Q. The Chinamen did the cooking? A. Yes, sir.

Q. Were they good cooks? A. The first time when I stopped there there was a good cook, but he got discharged, I don't know what for, and afterward they were bad cooks and very insolent to us.

Q. Did you hear the inspector protest more than once against the material for putting into the seawall? A. Several times a day, and several

times an hour.

Q. They kept right on putting it in? A. We worked fourteen hours, and he thought that we ought not to work fourteen hours, and he went away every day about eight o'clock, and we were working there at five o'clock in the morning; they had two parties to work, one worked from five o'clock to four, and the other from eight to seven.

Q. Did the contractors make you work all the time? A. Yes, sir.

Q. Did they work you fourteen hours? A. We worked ten hours, but fourteen hours work was done on the place.

Q. Did you work more than ten hours a day? A. No, sir.

Q. Then a fresh lot came on and worked another? A. Yes, sir.

Q. How many hours a day did you work? A. Ten hours a day.

Q. Did anybody work more than ten hours a day? A. Yes, sir; afterwards.

Q. How many hours did you have to work? A. Twelve hours. Q. Did you work fourteen hours a day? A. I say fourteen they kept at work in the quarry.

Q. Did one single man work more than twelve hours a day? A. No, sir. Q. Did you work twelve hours? A. Yes, sir.

Q. Were you asked and compelled to work 12 hours a day? A. Yes, sir. Q. How many men were working 12 hours a day? A. Everybody. Q. How long did they work 12 hours a day? A. Since the white cook came they were working 12 hours a day, about five weeks back. Q. Did the men that worked 12 hours a day want to work 12 hours a day? A. No, sir.

Q. The contractors made them work? A. Yes, sir.

Q. Do you know a man by the name of Joseph? A. It seems to me that is Gus, as we call him. Q. Was Gus foreman? A. I say that is him, that is the man that Creighton knocked down.

Q. Why did he knock him down? A. Because he told them to put dirt into the scow.

Q. Joseph then was cheating the State? A. Yes, sir.

Q. What did Gus or Joseph say or do? A. He said: "For God's sake put in anything you can."

Q. Did he tell you that? A. He told everybody.

Q. He said: "For God's sake, put in anything you can get?" A. Yes, sir. Q. Did he say anything about its being for the State and it did not make any difference? A. I was personally told once by the other boss when I wanted to throw out bad pieces of rock, he says: It makes no difference to you, put it in; they want dirt to fill up the holes between the rocks."

66

Q. Was this dirt and stuff put in where nothing but rocks should be put in? A. Yes, sir.

Q. And Joseph said, to put it all in? A. Yes, sir.

Q. And the other boss said to put it in? A. Everybody. Young was Superintendent, and Gus and the second boss Charley.

Q. Have you seen Joseph lately? A. When I left only.

Q. Did Joseph tell you that it did not make any difference? A. The working bosses told us.

Q. Did he work on Sheep Island? A. Yes, sir; he is head boss on Sheep Island. We call him Gus, but I remember he was working when I started to work there.

Q. Mr. Joseph is one of those working for Mr. Mertens' company? A. I think there is among them a name like "Mertens." I was given a card fonce, and I saw a name McMullen.

Q. Do you know anything about the measurement of dirt or weighing of stone? A. No, sir; I don't know anything about that.

Q. When they worked you twelve hours a day did they pay you by the hour? A. Yes, sir; the workmen did not know about the time; but I knew about it afterwards, and I saw it was by the hour.

Q. But when you hired out, was it by the day or hour? A. When I got

MR. ENOS-Are you a resident of San Francisco? Answer-Of Oakland. Q. Are you employed in the construction of Section 6 of the seawall? A. I am employed by the State Harbor Commissioners.

Q. In what capacity on this section? A. I have been supervisor of construction and for the measurement of the stone barges as they come in. Q. How long have you been employed by the Harbor Commissioners? A. Since the second of April, 1884.

Q. Occupied that position in the construction of Sections 6 and 5? A. I was weigher on Section 5 most of the time, until the latter part.

Q. Will you please tell us your duties as supervisor, etc.? A. My duties are to build the work according to the plan of the chief engineer, and also I measure the barges as they come in, as provided, both light and loaded. They have ceased bringing rock just now with barges, and I am attending to my other duties-seeing the wall properly constructed.

Q. Do you attend to the weighing of the stone now? A. No, sir; Mr. Crowley does that.

Q. Or measuring of the dirt? A. No, sir.

Q. Are you a mechanic? A. No, sir.

Q. Have you any experience in relation to the construction of seawalls? A. I have experience in building railroads and handling rock.

Q. Do you understand the measurement and weight of rock and dirt in the construction of public works of that character? A. I do.

Q. You weigh your rock? A. Yes, sir.

2. You supervise the weighing of the rock? A. I did.

Q. If you were supervisor of construction you know the plans and specifications and what it calls for? A. Yes, sir.

Q. The specification calls for eighty-nine thousand tons of rock, for eight hundred feet of Section 6 of the seawall? A. Yes, sir.

Q. It was your duty to see that rock was properly placed in the seawall? A. Yes, sir.

Q. It was your duty also to see that the quality of rock was brought there? A. Not particularly so. The Harbor Commissioners had two rock inspectors at the island. They were instructed to be very particular not to allow any rock to go through but was of good quality. However, on most occasions I examined the rock; that is, walked over the barge.

Q. That was not your particular province? A. No; although if I saw a bad load of rock I should condemn it; all the rock was especially fine from that island, all of it; there were two or three barge loads that came there of red rock. That is a hard character of rock but it was shaley and broke to pieces, so much so that the engineer condemned the rock at once and would not receive any more of that quality. There were only two or three barge loads.

Q. What came from there was put in the wall? A. Yes, sir.

Q. Do you know of any dirt being put in there or any small material,

such as small rock, that did not conform to the specifications? A. There was some small rock, but the specification limits the smallest rock to five pounds. The rock that was broken finer by handling of course went in as reserved by the specification. I could not tell whether there was any smaller than that went in.

Q. You heard the last witness testify that they shoveled the_small material; do you know whether that is so or not? A. I do not. I have never been to the island; I have heard it spoken of.

Q. You say it was your duty to see that the dirt was brought there? A. The rock.

Q. Didn't they bring the dirt from there? A. No, sir; the rock.

Q. What did the contract call for per ton for rock? A. 63 cents a ton for rock of 2,240 pounds.

Q. Do you know anything about the measurement of the dirt? A. I know of it; I witnessed it coming there all the time.

Q. Did you keep account of it? A. No, sir.

Q. Do you know whether they measured the dirt, or took the size of the car? A. I know they did.

Q. They measured the dirt on the car? A. Yes, sir.

Q. What does a car contain? A. When they are well loaded they hold five yards. The tallymen of that material have side-boards to put on the side of the cars and level it off to water level, so as to take just the proper measurement, and when it does not come up to full measurement they are docked the amount not delivered.

Q. What was the size of these cars when they are full to water level? A. I could not tell from memory. I have seen figures, but I don't recollect. Q. If they are only two thirds full there is some discount? A. They are not allowed for it; they are not allowed for any fraction of a yard more than they bring.

Q. That is your knowledge? A. Yes, sir; and I watch them all the time; I see the carloads coming in.

Q. In addition to your other duties? A. I may not have seen every car measured.

Q. Did you see every car of dirt? A. I do when I am there.

Q. But did you see them all? A. I did.

Q. Are you prepared to swear you have seen every carload of dirt deliv ́ered and put in Section 6 of the seawall? A. No, sir.

Q. Can you tell how many? A. No, sir.

Q. Then what you have seen or observed justifies you in making the remark that the State's interest has been well guarded in relation to the measurement of the dirt? A. That is what I mean to say.

Q. Who is the man that has charge of that? A. M. J. Crowley.

Q. As far as you know, they have got sixty thousand tons of stone from Sheep Island? A. Near to that.

Q. Do you know what the contract calls for in relation to yards of dirt, and how much per yard? A. 334 cents.

Q. Have they quit bringing material from Sheep Island? A. They have, sir, at the present time,.and whether they will resume work there and bring any more rock to this section I can't say. Mr. Mertens told me that he was getting a lot from Second Street.

Q. Where are they getting their material from now? A. Sansome Street and Telegraph Hill.

Q. Blasting in there? A. Yes, sir.

101