General Orders No. 1)
                       Par. 1)

June 25, 1906.

The Commandant,
Mare Island Navy Yard,
Mare Island, Cal.

Sir:

In connection with the destruction of liquor by Lieut. S.W. Brewster, U.S. Marine Corps, that officer states under date of June 18th, as follows:

"the saloon of Mr. R. G. Schoder, corner Clay and Fillmore Streets, was not opened forcibly, but the proprietor opened the place and was there while the liquor was being destroyed. As far as I know no liquor was sold or given away at this place. Liquor was destroyed in at least thirty saloons by men under my orders in the district bounded by Union, Pine, Devisadero and Van Ness Streets, but I could not state just what saloons were entered and liquor destroyed, without a visit to the city. In destroying liquor I have orders that no property outside of liquor be destroyed, and I have no knowledge of any other property being destroyed."

It is unfortunate that Lieutenant Brewster did not immediately note this affair while the facts were fresh in his mind and make a report of the facts to his Commanding Officer in setting forth his operations.

However, as no record was made by him, it is asked that he report in writing as to the general conditions obtaining in the saloons entered and that he explicitly state whether any saloon was entered forcibly and as to whether in any saloon or saloons any liquor was being sold. This data would be of at least some general use at this time when the Finance Committee of the Relief and Red Cross Funds is strenuously urged to pay for liquor in certain saloons where it is alleged that the Army and the Marines entered and destroyed the property of private owners under unwarranted conditions.

It is assumed that the data above referred to would have been included in a former report had the correspondence in returning passed through your hands which it does not appear to have done as the indorsement appears as follows: "U.S. Navy Yard, Mare Island, Cal. June 20, 1906. Forward by direction of the Commandant. Chas. J. Pond, Comdr., U.S.N., Aid to Commandant."

Appreciating the courtesy of the Navy in regard to matters and reports of this kind, I am

Yours truly,

The Military Secretary
Pacific Division.

While there is no doubt that Colonel Morris, in issuing General Orders No. 1 from his headquarters on April 20th, 1906, was acting in good faith and in what he considered the public interests, it is my opinion that a grave error of judgement was committed. On the night of April 19th, during the progress of the fire, I was at Fort Mason and received a telephone message from Colonel Morris, asking if I would authorize the destruction of liquor. I did not go to the telephone myself, but the message was brought to me by some officer whom I cannot now recall. I replied in the affirmative; but took it for granted that Colonel Morris meant liquor that was in the streets or being used or in saloons that were open and it never occurred to me that he would construe my message as indicating that he could break into saloons or groceries and destroy liquor found therein. I was astounded when I learned that he had taken the view that he evidentally did.

Brigadier General,
Commanding.

GH

This is one of many claims for liquor destroyed during the San Francisco fire, which claims have already been the subject of much correspondence. On the night of April 19 or 20, 1906, while I was in the temporary headquarters which had been estalished at Fort Mason, Colonel Chas. Morris, Artillery Corps, who was in command of the troops in one of the districts into which the city had been divided, telephoned or telegraphed to headquarters that quantities of liquor which had been moved into the streets from buildings about to burn, was being appropriated by both soldiers and civilians and that he feared disorder as a consequence, he asking permission to destroy such liquor. I told him to do so and was astonished to learn a few days later that under the authority thus granted saloons and groceries in the western portion of the city, which was not in immediate danger of destruction, had been broken open and the liquor contained in them destroyed. For some time it was almost impossible to ascertain what officers had taken this totally unjustifiable and unnecessary action, but it finally developed that although some of it had been done by certain officers of the Artillery Corps the most of it was the work of 1st Lieut. Sidney W. Brewster, U.S. Marine Corps, who was on duty in that portion of the city under command of Colonel Morris. It was never intended that stores or saloons should be broken open and the liquor in them destroyed and I have never been able to see any possible excuse for the action taken.

As most of the correspondence on this subject was transacted after I had been relieved by General Greely I am not familar with all its phases and so cannot state whether Lieut. Brewster acted on his own responsibility or as the result of orders received from Colonel Morris and if the latter is the case whether Colonel Morris based his orders on a misunderstanding of my authorization to destroy liquor which was getting into the hands of soldiers and civilians.

For this reason I recommend that this paper be referred to both Colonel Morris and Lieutenant, now Captain, Brewster for remarks.

The men whose stores and saloons were broken open and their goods destroyed, in that portion of the city which was not burned, undoubtedly have been grossly wronged and have a good claim in equity. In my opinion the city of San Francisco shold pay these claims as they arose from well meant, though misdirected, efforts to save the city from disorder during the fire.

Brigadier General,
Commanding.

THK.

THE ADJUTANT GENERAL,
War Department,
(Thro' Headquarters Dept. of the East.)

Sir:

In compliance with the 3d indorsement on a letter written by Albert A. Rosenshine, Attorney at Law, San Francisco, requesting reimbursement of P. Boragni for stock of liquor destroyed during San Francisco earthquake, I have the honor to submit the following report.

I ordered the destruction of intoxicating liquor "Wherever it could be found", or in words to that effect; it being, in my judgement, an imperative necessity to do so in order to safeguard the lives of homeless and defenseless men, women, and children.

Rioting and drunkenness by a turbulent element were already rife at places where liquor was procurable, and it was only through prompt and energetic action that such disorders were quelled in their incipiency. As a district commander I was expected and required to preserve order in my district; to do so I was compelled to remove every discovered cause that would logically result in disorder. The police had vanished from the streets. It was a physical impossibility, with the number of soldiers available, to prevent access to liquor by those that would undoubtedly have stolen it. The liquor could not be sold; it could not be given away; it could not be removed to a military reservation or to any place where it would be beyond the reach of the lawless element; its existence was an unfair temptation to the soldiers, and a distinct menace to good discipline. For these reasons, it was destroyed.

Furthermore, I could not risk the incapacitating of my soldiers through drunkenness, for this would seriously have weakened the only available power for preserving order, nor could I hope to deal effectively with widespread drunkenness among civilians, there being no place to confine unruly persons.

Moreover, prevailing intemperence would unquestionably have precipitated street fights and riots, involving the certainty of much bloodshed, for those were days when if shots were to be fired, they must have been fired, not to intimidate, but to kill.

Fortunately, such disorders did not occur, because there was, very shortly, no liquor to impair discipline or to infuriate an element that might so readily become a menace to law abiding citizens, their familes, and their property.

An incident occurring but a few hours after the publication of my order, will serve to indicate, at once, the feeling of unrest and insecurity prevailing among the most prominent and highly respected citizens of the Western Addition, and likewise the satisfaction occasioned by my order among this most reputable class of citizens. I was waited upon at my headquarters on Broadway by a committee of highly respected residents of the district, who stated they had learned on good authority that the poor who had been burned out, felt that the rich had not suffered losses as had the poor, and were therefore determined to invade the Western Addition and lay it waste by incendiarism and attendant acts of spoil, looting, and violence. I completely reassured this committee by informing them of the precautionary measures, particularly as regarded the destruction of liquor, adopted to safeguard the lives and property of the people residing in my district. I am convinced, that the spirit of the poorer classes being as represented, prevalent drunkenness would have led unavoidably to the gravest disorders . When it became known that no liquor was to be had, it is a notorious fact that this intelligence occasioned universal satisfaction and gratifying reassurance to all concerned, except, of course, to the intemperates.

Prohibition, pure and simple, was my unqualified aim and object. I certainly intended to convey this idea when my order, or its context, was telephoned to Department Headquarters for authority to issue it.

If my subordinates erred in the execution of my order, they did so through a zealous endeavor to render prohibition effective, and I desire to shield them, as best I may, from responsibility in the execution of their duty as they conceived it, for I am assured each of them performed his duty according to the dictates of conscience and an ardent desire to execute the order for the welfare of the people, and the preservation of discipline in their respective commands. There was at that time, no menace to discipline more to be dreaded than intemperance; this evil was obviated, and the discipline maintained was superb: I have not seen better in forty-two years service. I do not recall any instance of soldiers being involved in any disorder exept to suppress it.