Los Angeles herald., 1907-08-20
SUPREME COURT DECIDES WHO'S
WHO IN SAN FRANCISCO
WITH CONVICTION FORMER MAY
OR LOSES JOB
In Lengthy Ruling Chief Justice and
His Associates Declare Ac-
cused ousted from
Office


ton who is mayor of San Francisco?''
was determined today in the Salvation
Army barracks at Fillmore street and
Post, where the supreme court of the
state, sitting en- banc, decided in favor
| or Dr. Edward r. Taylor and against
Eugene e. Schmitz.
since its custer from the Century club
py the women of that organization
month ago the highest court of the COM
monwealth has not had where to Law its
head Temporary offices are occupied in
the Central building at Sutter and Polk,
but no room there is large enough for ses-
sions Today Superior Judge Cook lent
MS makeshift court room-the Salvation
Army barracks-and in that bare cham
Der the most important question In the
municipal annals of the state found its
answer.
| Chief Justice Beatty, with Associate
Justices Henshaw, Angelotti, Sloss, Nc
Farland, Shaw and Lorigan, sat in a
rough platform behind a cheap desk-re-
generation relics of the fire. Their audi
ence, numbering hundred or more men
who had assembled out of curiosity In
expected arguments on the validity of
the Oliver grand jury and the legality
of the indictments by 1t returned, got the
news of the Taylor confirmation when the
other matter had been postponed and the
court was about to rise.
Taylor Is Mayor
Chief Justice Beatty said "In the case
of McKannay against Horton the court
had reached a decision, and in an opinion
finds in favor of Dr. Taylor as mayor
At that there was great buzz and
white-bearded Colonel Poole, the imme-
mortal bailiff of the supreme court in San
Francisco, had difficulty preserving or
der. Many lawyers of state fame crowded
about the clerk for glimpse of the type
written opinion which Justice Beatty
handed to him. The friends of DR.. Tay-
lor beamed on each other and shook
hands. The followers of Schmitz. of
whom two score or more were there,
looked glum.,
The opinion was written by the chief
Justice and concurred in by the six asso-
ciate justices.
While 1t expressly disavows a deter
mination of whether Schmitz is mayor in
right, no cleverness is required to see
that the court does not think he is; and
the standing of DR.. Taylor as MAYOR in
fact is confirmed with emphasis One of
:. the unstated effects of the opinion Is to
uphold the Legality of DIR. Taylor's board
II or supervisors and discourage Mr..
Schmitz' recent appointees from any fur
ther efforts to claim seats.
The gfst of the opinion is that the con-
viction of Schmitz of extortion ousted
him from the mayoralty, and the PEN
dency of his appeal does not bar any
capacitated person from stepping into the
vacancy.
The opinion is in part as follows: This
is an application for writ of mandate
to compel the allowance of a claim for
salary of the secretary of the mayor of
San Francisco. There are two persons
Iclaiming to be mayor de jure of the city,
and each is assuming to act in the ca
pacity Each has appointed secretary.
both of whom have presented claims for
salary for the month of July, 1907. The
auditor cannot approve more than one
claim, and being uncertain which is valid,
refuses to approve either
Gives Facts in Case
| After reviewing at some length the facts
| from which the dispute arose. the court
says: "The question we have to decide
is who is entitled to the salary of Sec
retary to the mayor for the last twenty
one days of July. Each of the claimants
LII. c. McKannay for DIR. Taylor and j.
j. Boyle for Schmitz-has performed the
duties of the office so far as he has
been allowed to do so-Boyle in the SER
vice of Mr.. Schmitz and McKannay in the
service of DR.. Boxton and DIR. Taylor
DR.. Taylor has certified that McKannay's
claim is correct, and Schmitz has certi-
| fled that Boyle's claim is correct. The
question therefore reduces itself to this
Who is mayor of San Francsco?'
The court proceeds: Here. although
| we are obliged to decide for the purpose
| of this and like cases who is de facto
mayor of San Francisco, we cannot de-
| termine by judgment which would ope-
rate as an estoppel between Dr. Taylor
and Mr.. Schmitz who is the de jure
mayor, however little doubt there may
| be as to the proper decision of that uues-
| ton. And as to the title of secretary
| we are not required to determine that
| When we have once decided who is de
| facto mayor we shall have no difficulty
| in determining whose order the respon-
| dent must obey in the matter of allow
| ing such claims against the treasury.
Claims Must Be Paid
"The government of the city must come
| to standstill If claims of public cred
| itors cannot be paid, and many important
matters essential to the public welfare
must be left uncared for unless some
person is recognized as properly entitled
to exercise the varied and important
functions pertaining to the office of
4 mayor"
Returning to the question, .'who is
mayor of San Francisco?" the court
| says:
"Dr. Taylor and Mr.. schmitz are each
claiming to be at the same time the de
jure and de facto mayor. 1t will appear
| from the facts that each has some claim
| to be the de facto mayor. DR.. Taylor is
| in possession of the offices provided for
| the mayor by the board of supervisors
| the governing body of the city and
county--and is recognized by that board
as the rightful mayor.
'Mr. Schmitz is in control through his
secretary of the premises occupied by the
mayor at the date OF his conviction, but
he is himself prisoner in the county
! JAIL where it is the duty of sheriff to
keep him closely confined. Nevertheless
| his right to act is maintained by some at
| least of the other city and county officers
and by many private persons who resort
to him for the purpose Of transacting
| official business.
Schmltz Has Seal
'He also is in possession of the official
seal used by him up to the time of his
conviction, while DR.. Taylor has been
provided with new seal. There cannot
| be two de facto incumbents of an Of
| fee at the same time and where two are
acting simultaneously, each under claim
! hot ali x1rIl1 ka