The San Francisco call., 1906-10-27

tendantS, Supervisors or the Clly anu
County of San Francisco, of such or
der of suspension, and he and the said
Supervisors of the City kand County.
of San Francisco, pretending and as
suspend from his once as sDistricI.
Attorney of the City and County OF,
San Francisco the plaintiff, appointed,
as such District Attorney, the defend
ant Ruef; that Immediately there
after, the said defendant Ruef filed
bond as District Attorney of the city
and County of San Francisco, and
purported oath of on1ce, and, in con-
junction with his co-defendants, has
asserted, and all of the said defend
Ruef to be the District Attorney OF
the City and County of San Francisco.
That the plaintiff herein is
county officer: that the said defendant
Gala gher was without power or au-
thority to suspend or remove plaintiff
from office; that the appointment of
the said Ruef is without validity, un-
authorized and void; that the defend
ants Supervisors have at their COM
mand by reason of their official po-
sition the police force of the City
and County of San Francisco, and
they and the defendant Ruef have
by this court, will forcibly take pos
session of the rooms now occupied by
the plaintiff as the place for the per-
formance of his duties as such Dis
/ trict Attorney. will forcibly enter said
room, will take possession of the
! books. records and files of the said
plafntin therefrom. and the said de-
PENDANTS threatened to and they viii,
unless enjoined by this court, forcibly
oust and eject the plaintiff from his
said Office and from participation
therein, and will refuse to permit him,
/ by force and violence, to exercise the
duties of the said Office, and to per-
form its functions, or to do anything
l in respect thereto.
VI
That the defendants threaten to pre-
4 vent the plaintiff from performing the
/ duties of his office, or from exercising
/ the functions of District Attorney OF
/ the City and County of San Francisco,
and they will thus prevent the de-
! fendant. unless enjoined by this court;
1 that the defendants threaten to, and
will unless restrained by this court
/ impede the administration of JUS
tice in the City and County of San
/ Francisco, and prevent the proper pros
] ecution of criminals in the City and
trict Attorney of said City and County
and threaten to and will, unless re-
! strained by this court, practically abol-
tsh the office of District Attorney IN the
/ City and County of San Francisco, and
! destroy the duties of that office and
J render the law ia respect thereto nuga-
4 tory, and preclude the prosecution of
I offenders against the laws of the State
1 of California, and generally hinder, OBJ
struct, delay and impede the perform
]
administration of justice. so far as the
Office of District Attorney may be cong
nected Herewith.
That the defendant. Ruef. claims
and asserts himself to be the Dis
trict Attorney of the City and County
i of San Francisco and entitled to the Of
fee, books, records and files thereof,
/ but the plaintiff ayers his claim and as
sertion to be without foundation or
right and that the said defendant Ruef
hos rfrr 70 he nH5 fc
he the District Attorney of said City
and County of San Francisco
VIII
| That the defendant Ruef has stated
I and asserted that he will, and is about
TO, and unless restrained by this court
viii, by farce and other unlawful
forming the duties and exercising the
functions of his said office of District
Attorney. that he will by force and vio-
! lence and other unlawful means OBJ
trude himself into and intrude upon the
said office, and unlawfully take pos
session of the said books. papers, rec
ords and files thereof, and appropriate
the same to his own use.
Plaintiff further AYERS that in the
above entitled court on the 18th day
der then and there duly given, made
and entered by said court thirty
names were. drawn from the Grand
san Francisco, for the purpose of form
/ ing thereafter a Grand Jury in and for
said city and county and thereafter in
Grand Jury in said court such pro-
ceedings were had that there appeared
eighteen of the said persons whose
lhames had been drawn before said
said Grand Jury was continued until
the 26th day of October, 1906, at 2
dlock aid tis and plalnt AYERS that tat at
/ expected by the plaintiff and by the
said court, that the impeachment of the
/ said Grand Jury would be complete ed
and nineteen citizens of the Cffy and
| County of San Francisco would be
/ sworn as Grand Jurors thereafter to
constitute Grand Jury of said city
and county. and perform the duties ap-
pertaining thereto; that Immediately
upon the formation of said Grand Jury,
the plaiRtif expected to and. zintended
dence and information relating to the
| defendants herein and concerning the
commission of felonies by the said de-
PENDANTS; and expected and intended to
! ask the said Grand Jury, after the
presentation of said evidence to find
indictments for felonies against the
said defendants and each and all of
| them; that all of these facts hereof
averred We're known TO the said de-
mentioned, and the said defend
ants, as this plaintiff is informed,
and believes and therefore ayers, had
prior TO the commencement of the for
felonles in the City and County of
San Francisco, and had been guilty of
crimes against the people of the State
of California, and the people of the
City and County of San Francisco; and
the said defendants knowing these
facts, in order to prevent an investiga-
tion of the said felonies and the said
crimes, and in order to prevent the ad-
ministration of justice in regard there
to, and in order to subvert the laws
of the State of California, and to pre-
vent indictments of themselves for the
felonies heretofore committed by them.
confederated, conspired and colluded
together for the purpose of preventing
the said Investigations by said Grand
Jury, or the presentation of the said
evidence, or facts collected by the
plaintiff in respect to said defendants
to said Grand Jury, and conspired to-
gether TO prevent the administration of
the law in respect to the said felonies
so committed by them, and so conspir-
ing agreed together that one of their
party.sfo wit, the said defendant Abra-
ham Rnef. should be made the District
Attorney Of the City and County of San
Francisco, and thereafter refuse to pro-
ceed with the said investigation, the
presentation of the said facts, or infor-
nation. to the said Grand Jury the
prosecution of the said defendants, or
any Of them, or the admin
istration of the law in respect to the
said fAlonfoQ coronafffoT hxy the IA