The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1907-01-08
Schmitz Carries the Graft Case
to the Supreme Court
Would Stop Dunno
From Hearing
the Issue

Mayor SchmitE took his case to the
supreme Court of the State yesterday
upon two petitions, one for a writ of
habeas corpus and the other for a writ
of prohibition to restrain Judge Dunno
from hearing further proceedings I'm the
matter. The Mayor declares I'm both
petitions that the Grand Jury which
indicted him for extortfng money from
the French restaurants was an Illegal
body through the presence thereon OF
Wallace c. Wise, who, 1t is declared,
was not competent to serve by reason
of the fact that ne WIS a trial juror
within the year. The Mayor also
claims in his petition that the indict-
ments fail to state any public offense
and that they are therefore void. He
further states that chief executive
of the city he desires the case deter
mined at once. so that he can attend
TO his official duties.
After celebrating for some time the
Supreme Court granted an alternate
writ of habeas corpus ordering that the
Mayor be produced in court on Thurs
day morning at 10 o'clock, when the
matter will be given a hearing prelim-
mary to final decision. No action was
taken on the writ of prohibition, but it
is not thought likely that it will be
granted.
Should the Supreme Court grant the
writ of habeas corpus the effect would
be, according to Schmitzs attorneys.
to nullify all indictments returned by
the present Grand Jury. This would
follow by reason of the fact that one
of the grounds on which the petition
is based is the alleged incompetence
of Grand Juror Wise.
SURRENDERs TO SHERIFF
The petitions simply serve as a
vehicle to secure a ruling from the
Supreme Court on the issue raised by
Ruef and the Mayor in their original
motions TO set aside the indictments.
AS a writ of habeas, corpus can be
brought only for a man in custody it
was necessary for the Mayor to have
himself arrested. He accordingly ar
ranged with the surety company to
withdraw from his bond. When this
was done the Mayor surrendered him
self to Sheriff ONeil. While he sat
in the Office of the Sheriff, talking with
his friends, his attorneys went before
the Supreme Court and delivered them
selves of the following: The petit
toner is imprisoned, detained, con-
fined and restrained of his liberty"
The Mayor was spared the ignominy
of a night in Jail. for the Supreme
Court ordered that he be released upon
a bond of $4,000 to be deposited with
the County Clerk.
Paul Nippert. president of the surety
company bearing his name. was on
hand with a big bag of gold. AS the
Supreme Court had no vaults to ac-
commodate this sum and as the banks
We're closed the justices passed the
bonding matter up TO County Clerk
Mulcrevy.
MAYOR RELIES ON FIRE
Tn, DC he 10 In oil c
the fire. the earthquake and the rains
and the japanese question to his de-
Tense. He says the public business of
the city has become demoralized by
reason Of the "baseless and infamous"
attacks made upon the city officials by
the press and circulated around the
world. The Mayor also says that unless
he is allowed to go free contagion will
spread and the public health will be
endangered. He also fears that unless
he is declared not guilty commerce
and trade will become stagnant.
In his petition for writ of prohibi-
ton against Judge Dunno the Mayor
charges that Dunno refused to give him
a speedy trial. In the document fled
paradoxical position of asking that the
indictments be quashed that he may
have a speedy trial.
With the petitions was filed a docu-
ment containing points and authorities
on behalf of the Mayor. These quote
precedents and deal with legal techni-
calities.
Attorneys ]. ]. Barrett, Frank Drew
and c. H Fairall appeared before the
Supreme Court for the Mayor. The full
Supreme bench was present.
Attorneys for the prosecution did not
appear deeply concerned in regard to
the outcome of the Mayors petition.