The San Francisco call., 1906-11-08
Expects Court to
Legalize Seizure
of the Office.

senate constitutional Amendment No
?, which has been adopted by the vote
of the people, seems TO have come op-
portunely TO the aid of Abe Ruef in
his efforts 10 gain possession of the
District Attorneys Office. Should Judge
Seawell decide in favor of Langdon's
title to the post. Acting Mayor CAL
lsgher viii, according to present plans,
suspend the prosecuting official again
under the added authority of the new
law, and Ruef and his attorneys say
their position viii then be impreg-
nable.
The following is the amendment to
the constitution that is claimed to give
power of custer on the part of the
municipal authorities over the So
called county officers:
When the term of any officer or
commissioner is not provided for in
this constitution. the term OF such
officer or commissioner may be de-
clared by law; and, if not so declared,
such officer or commissioner shall hold
his position as such officer or COM
missioner during the pleasure Of the
authority making the appointment; but
in no case shall such term exceed four
years; provided, however, that I'm tae
case of any officer or empIoye of a,E
municipality governed under a legally
adopted charter, the provisions of such
charter with reference 10 the tenure
of office or the dismissal from Office of
any such officer or cmpIOye shall con-
troll"
In the hearing yesterday of the in
junction suit that Langdon has lnsti-
tuted. Henry Ach, Of counsel for Ruef,
announced TO Judge Seawen that the
amendment had carried the preceding
day. but the court explained that 1T
could take no cOgnizance of the fact
without formal announcement of the
election results.
There is a mistaken impression"
said Ruef last evening, that the Gov
ernor must proclaiR amendments as
parts OF the constitution before they
can be. recognized as law. The fact is
that amendments adopted by the people
become operative from election day.
and we shall expect Judge Seawen TO
abide by this new amendment.
should he fail 10 do so the way will
be open for Acting Mayor Gallagher TO
suspend LangdOn again and prefer
charges before the Board Of Supervis-
ors By virtue Of the new constitutional
amendment, which distinctly upholds
the provisions OF the charter. The
amendment disposes absolutely Of
every question concerning the right of
the chief executive through authority
OF the city's charter TO dismiss any
tion. The law is aimed to apply to
the so-called county officers, OF which
the District Attorney is one, and there
can be but one Interpretation.
The question as TO the legal status
of the charter provisions is ultimately
disposed Of and Acting Mayor Gala
CHER and the Board Of Supervisors can
not be prevented from removing an
Official who has been negligent and
has otherwise failed to perform his
duty properly"
Attorneys generally refuse to express
an opinion offhand on the effect of
the amendment. That Ruef has been
benefited by the new measure is
largely admitted In any event a new
tangle has developed and Ruef viii at
least have further opportunity TO in
vOlve the record Of the efforts 10 prose-
cute him for his money grab ng
crimes The additional interesting
phase viii be when Acting Mayor Cal
lagher again goes through the process
Of suspending Lsngdon. claiming his
right by reinforcement Of the consti-
tuition Of the State.
The question would also arise as 10
whether or not such step would be
in contempt Of the injunction that
Judge Seawel might issue restraining g
him and the Board Of Supervisors from
ousting District Attorney LangdOn. Ac-
evening the administration viii be will
ing 10 give battle and take chances Of
punishment for what might be ad-
judged defiance of the order of the
court.
Ruef is determined to have control
OF the District Attorneys office True.
il he is successful Attorney General
Webb viii take charge Of any prose-
cution against him. But the boss has
other ends in view. While Webb can
stop him from conducting the investi-
cation Of himself. the State official can
not divest him OF the Office. and Ruef
can 90 on with some prosecutions OF
his own.
He has had a large force IF detec-
tives employed and has announced that
he viii have the Grand Jury investi-
gate some charges thar he has TO make
against Francis J. Heney. He is also
said TO have been trying TO gather evil
dence against Frank A Maestretu,
former member OF the Board of Public
Works. who, he believes, has been ex-
erting himself in assisting Heney and
Secret Service Agent Burns. Former
Police Commissioner Poheim is placed
IN the same category by Ruef.
i will make them all sick of their
Job" was the inelegant expression the
boss used. He spoke with new con-
hdence, the result OF the adoption OF
the constitutional amendment
BY both retaliatory and obstructive
measures, that he can employ once he
Is District Attorney, Ruef hopes to con-
found the courts with complications
and entsnglements of the law. So con-
fident is he that he laughs genuine
laugh at the declarations OF Heney and
Burns that the prison doors are yawn-
ing for him.
District Attorney Langdon says that
>
the election is over.
I shall devote myself exclusively to
the work before the Grand Jury" he
announced yesterday. I have placed
Assistant District Attorney Robert w.
Harrison in charge OF the general work
CT the Office and ] am going to do
nothing but direct the investigation OF
raf+fre aud boodlfpe"