Los Angeles herald., 1906-10-30
.LANGDON GAINS
DECIDED VICTORY
JUDGE GRAHAM DOES NOT REC.
0GNIZE RUFF I
District Attorney and Deputy Francis
j. Heney to Continue In Office.
Grand Jury ls Almost
Completed
Rv Associated Press.

0'if'NNN
BY Associated Press.
SAN FRANCISCO, oct. 29.---As a re
suit of today's developments in tn
superior court, District Attorney w. II
Langdon has been judicially recognized
; as the incumbent of the office to whicl
: a braham Ruef was last week appoint
! ed, two members of the grand jury
chosen last week were discharged be-
cause of failure to qualify, and sever
Others are to be examined tomorrow
afternoon to determine whether or moi
they are qualified to sit in judgment
upon the charges Of malfea Sance anC
corruption I'm office to be submitted by
District Attorney Langdon and Francis
J Heney, acting as his assistant
on behalf of the Ruef faction al
effort was made to obtain a postpone
ment of further proceedings involving
the examination of the grand jury unit
fter next Friday, when Ruef, Acting
Mayor Gallagher and the members of
the board of supervisors are ordered
TO show cause why they should not be
permanently enjoined from asserting
any claim to the Office of district at
torney.
Judge Graham. however. decided that
there was no adequate reason for de-
lay and ordered the examina tion of the
| jury to proceed
In the examination of the Jurors As
| Sistant District Attorney Heney con-
fined himself to interrogations dealing
with constitutional qualifications only,
making no effort to establish whether
or not any of the members were pos
sessed of bias or prejudice such as he
| intimated existed.
| Although the court room was crowded
| to its capacity at both sessions of the
| hearing today, there was no manifesto
tion of disorder or excitement. A large
detail of police patroled the building
and the adjacent streets.
Ruef's Attorney Heard
| When court had assembled this
afternoon Attorney Samuel NJ. Short
ridge, on behalf of Abraham Ruef, was
given permission to address Judge Gra-
! ham. In support of motion for ad-
| journment he called judicial attention
! to the suspension of District Attorney
Langdon, of the appointment of Ruef
and of the action subsequently filed in
Judge Seawell's department.
He urged that continuance be
granted out of Difference to the other
department, stating that the validity
| of the grand jury's actions would rest
upon the determination of Judge Gra-
| ham. Deputy City Attorney Baggett
| read a letter efom Acting Mayor Gal
| lagher, in which the latter urged the
| city attorney to appear and notify the
court of the importance of a postpone
| ment until Judge Seawell had rendered
a decision. AS Attorney Shortridge
| rose again to address the court Mr..
Heney inquired:
"At this point l wish to ask If Mr.
Shortridge appears as attorney for A.
Ruef, claiming that he is the district
attorney"
IT do not now assert the rights of
Mr.. Ruef to that Office said Mr..
Shortridge. because Mr.. Ruef prefers
| to respect the injunction issued by
from making such a claim"
"Then this court" said Mr.. Heney,
will take cognizance of the fact that
Mr.. Langdon is the duly elected, quail
flied and acting district attorney, hav-
ing concluded to act in that capacity
and that I am his assistant 1t ap-
pears that there is no one here dis
putting our titles to these offices and
that we stand here unchallenged. The
important consideration is that some
J one shall act for the people herein,
| not as to who shall act and there is
no reason why the court should not
proceed at this time"
Mr. Shortridge reminded the court
that Mr.. Langdon had been officially
ouSpcluCu anu tidt HIS SdCCSSSUI Hdu
been appointed, but Judge Graham
| Said
Court Stands Firm
This court announced this morning
| that 1t would recognize Mr.. Langdon
| as de facto district attorney and that
| he might proceed to examine the MEM
| bers of the jury touching their con-
stitutional qualifications to act Mr..
District Attorney, you may proceed"
You would not cut us off if we at
| tempted t. PROFOUND questions?" asked
Mr.. Shortridge.
"I'll see when I get to that point"
replied Judge Graham.
Later, while the examination of one
of the jurors was In progress, Attor-
new Henry Ach, also representing
| Ruef entered an objection, whereupon
Heney said that he had no right to
object; that neither he nor Mr.. Short
ridge were parties litigant and that
| the people alone were entitled to rep
| resentation.
Assessor Washington Dodge and q
| deputy were then sworn as witnesses
and the eXa mination OF the jurors pro-
ceeded with the result already mem
| toned.
Arthur c.. Towne and e. r. Rock
testified that they were not ON the
last assessment roll and were dis
charged. George l.. Dealy. Joseph
| Magnin, S. II. Daniels, j. e. Britt.
James f. Gordon. John f. Twigg and
Morris A. Livingston were unable to
establish to the satisfaction of the ex-
amner that they were included in the
roll for last year and the tax collector
was ordered to produce the books nec-
essary to determine their qualifica-
tions in this respect.
In several instances Attorney Ach,
without objection, examined members
of the jury relative to property owned
or corporations or firms of which they
were members.
The court room was crowded up to
the moment Judge Graham ordered an
adjournment until tomorrow afternoon.
In the street large crowd remained
to catch a glimpse of the parties to
the controversy as they left the build
ing Ruef entered an automobile i'm
mediately opposite the entrance and
immediately ordered the chauffeur to
delay starting while photographers
| snapped the occupants OF the machine.
There were few groans and cheers as
Ruef was driven away. District At
tOrney IangdOn was Cheered as he