The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-10-21
Says Lawyer Paid
for His Stock
in Theater.
Herbert SChmitz
aiken to ask
by brennan.
Is Censured for
DereIiCtiOn of
Duty.

The Grand Jury spent the greater
part Of its session yesterday afternoon
IN investigating the reports that Abe
Ruef by means Of his influence with
the Board Of Public Works. held up the
corporation which owns the Decent
shOwhouse on Market street known as
The Baldwin Theater for 79S shares Of
Its stock Not much Roadway was
made, no discriminating evidence was
adduced. but the most important wit
nesses viii be heard at the next meet
ing. il is said.
The sensational charge against the
attorney and adviser Of Mayor Schmitz
viii therefore hang in the air for a
week, for the jury viii not convene
again till next Thursday
Among the witnesses before the
Grand jury was Herbert Schmitz. and
be had q rather exciting experience Of
IN, for when he was about 10 leave the
stand Foreman Lflienfeld told him
very plainly that he had been grossly
derelect IN his duties as d member Of
the Public Works Board, was clearly
guilty Of a misdemeanor in not en-
forcing the collection of licenses from
many theaters in the city, and ought
70 be punished for IL.
The pointed remarks Of the foreman
were prompted TO some extent by what
was regarded as an ugly demeanor on
the part of the president Of the Public
Works Board He was free in caustic
answers TO the Jurors who were plying
him with questions. and was particu-
lsrlv SO L. J ilienfeld-
II developed that the Baldwin Thea
ter has not received a permit by the
Public Works Board, as required by
law. and inasmuch as the license col
lectOr could therefore make no collec-
ton il has not been required TO pay
the annual exactiOn Of $500, fixed by the
charter for such places Of amusement,
Notwithstanding that shows have been
going forward in the place since July.
When called upon TO explain.
Schmitz said that the board had given
the theaters time in which TO make
alteraticns so as 10 comply with the
fire regulations Of the municipality.
SCHNnTZ BECOMES ANGRY.
1T is our intention TO make final in
Epections within the next two weeks.
explained the witness, and then if the
theaters are found TO be in proper con-
ditiOn the owners viii be called upon TO
take out the permits. Otherwise they
must close"
How many months were allowed
them 10 make the alterations"
Eight months
We'll. / know Of theaters that have
been giving shows the last year and
half without being required 10 pay
cent Of license 10 the municipality" in
terposed Foreman Lilienfeld- Now,
don't you know that the law says no
theater shall open for business without
having obtained a permit from your
board and having made an accounting
70 the License Collector"
You think you know everything;
wen, you don't" was the beginning of
Schmitz's rejOinder. He gave some
more hot talk, the grand jurors say,
and then Lilienfeld gave him a parting
taIking-to.
Some Of the jurors have expressed
themselves in favor OF preferring
charges against the Mayors brother.
Tor in their opinion the failure to make
theaters pay license is a misfeasance
for which he and his colleagues ought
70 DC brought 10 hook There is a prob
ability that steps viii be taken against
them, but the Jurors who earnestly
urge the move felt somewhat hopeless
about IL last night, because they can
count on only ten votes in TIE Grand
Jury that viii take action rejecting in
any way on the present municipal ad-
ninistra ton.
Not a word was mentioned about
Ruef during the examination of
SchmitZ. II had been expected that
the president Of the Works Board
would be asked If he had received any
instructions or request from the attor-
ney as TO the Baldwin Thea1er. but
those who are pressing the case say
they were not ready TO go into that
phase.
INSPECTOR STOPPED WORK.
Schmitz was merely asked a to what
his board had done when the theater
was fitted UP and why the license had
not been eEacted. During the building
Of the stage and the other improve
ments work was stopped by an inspec-
tor from the Public Works Department
because the requirements Of the NUM-
cipal ordinances were not being fol-
lowed. When the company gave assur-
ance that IL would comply with all reg
ulations the building was allowed to
20 on.
Schmitz said the additional improve
rnents the board required after the in
spector had stopped the work cost $4,000.
Manager w Z. Tiffany Of the theater
said the extra amount the corporation
had 10 lay out because Of the REQUIRE
rnents Of the board was $1,000.
Tiffany testified that he is president
Of the Baldwin Theater corporation and
that its capital stock is 1000 shares.
Ruef holds 79s Of these in the name of
Z J. Lynch. his law Office clerk who
serves as secretary for the company.
Marcus Blum, who leads the orchestra.
owns 100 shares in his own right The
witness denied that Blum was a repre-
sentative Of some other person. One
hundred and fOrty-six shares are own
ed by Theodore Rothchild, according
20 the books. but they belong in fact
70 Charles Leonhardt Jr., who conducts