The San Francisco call., 1906-11-06
Ach Argues One Way
and Shortridge the
Other.

For once the Ruef crew was not
properly mastered yesterday and the
pirate craft went high on the rocks.
In the desperate endeaVors to over
come the prisonward tide. Sam Short
ridge filed the sails from one direc-
tion and Henry Ach from the other In
the calm that resulted came disaster
and derision. After whole DAY OF
windy argument Judge Seawel was
farther at sea than ever as to the
contentious of counsel for the man who
would be District Attorney that ne
might throttle prosecution of himself
for his boodling crimes
In his effort to show that there was
no occasion for the issuance to Langdon
Of an Injunction against Ruef, Gala
CHER and the Supervisors to restrain
them from carrying out their plot TO
remove the District Attorney, Ach de-
clared that Langdon's title to the office
was not disputed
we recognize Mr.. Langdon as the
District Attorney and not merely as
de facto officer" vocIferated Ach in his
specious attempt TO convince Judge
Seaweu that there was no need for the
restraining writ
Shortridge came later. He was not
- cunning and made the mistake of talk
ing law with some sense of logic.
Mr. Langdon is neither District At
torney de facto nor de jure." he eX-
claimed. He is stripped Of his au-
thority by reason of the suspension
by Acting Mayor Gallagher"
SHoRTRIDGE OPPOSES ACH.
Ach contended that Ruef was assert
ing no title to the Office whatever.
Shortridge declaimed that Ruef, ap
pointed TO take charge of the office,
was the only lawfully constituted au-
thority and should be so recognized
W T. Baggett, Assistant City and
County Attorney, who formally repre-
sented the Board of Supervisors, added
70 the comedy by arguing that Judge
Seawell must needs enter into the
question of constitutionality of the
charter provision in order TO determine
the question whether the permanent in
junction should be granted. ShOrtridge
and Ach wasted much rhetoric in try
ing TO convince the court that in an
injunction hearing the merits of the
controversy should not be taken UP.
Ruef's countenance was warped in
lines Of disgust. Command of gang
sters was much easier than captain
ing lawyers. He and Ach bent their
heads together and then frowned ugly
grimaces as Shortridge went on with
his good oratorical entertainment. But
there was no way Of stopping him.
Hiram Johnson, counsel for Langdon,
did call attention once to the diver
Eence OF argument. But Shortridge
stuck TO his guns and Ach and Ruef
contented themselves with pencil
scratching. Some lively portrayal of
the attitude of the defense is to be
expected when Hiram Johnson takes
UP the argument tomorrow morning at
10 o'clock, to which time the court ad-
journed.
The issue in the case is whether or
not the District Attorney is a county
officer over whom the chief executive
Of the municipality has power of sus-
pension and the Supervisors of removal
The Supreme Court decision in the suit
Of Kahn against Sutro is the obstacle
that Ruef is having difficulty to sur
mount It declares that the District
Attorney is a county officer, and his
only hope lies IN the several points
the decision leaves in confusion Ach
drew analogies from every possible
source to show that the municipal au-
thorities hold favor of custer He be-
lsbored the court as well with decisions
from about every State in the Union.
COOK DESERTS CAUSE.
At one stage he explained that it
was only out of profound respect for
the court that Ruef had not taken
legal steps TO combat the Injunction bv
summary process He failed to tell of
the dfligent search that Ruef made for
Judge Carroll Immediately after the
Lsngdon injunction was issued pre-
venting him from gaining possession
Of the office. Counter process was
planned, but Cook hurriedIy went off
on a campaign trip.
Shortridge, much TO the chagrin of
his associates, again and again re-
minded the court that Ruef came
clothed with title to the office of
District Attorney He also pleaded that
the Judge should not be swayed by
partissnship or public outcry.
Just before adjournment Shortridee
Ach and Johnson became involved in
misunderstanding during which John
son declared that mo seIf-respectinp
attorney would belittle himself by 90
ing before the Board Of Supervisors
and attempting to defend Langdon
against the empty charges that Actino
Mayor Gallagher had made"