Los Angeles herald., 1907-06-18

mayors chair occupied by Eugene e
Schmitz or James L. Gallagher? If this
resolution is offered here for the pur-
pose of purifying San Francisco then,
by gracious, San Francisco does indeed
need purifying!
This dark lantern business has been
going on here ever since / became a
member Of this body. You were going
around here with dark lantern before
the gasoline exploded. You
President Gallagher called O'Neill
sharply to order. saying he would not
permit any further supplementary re-
marks.
"All right" responded O'Neill, "Ill
confine myself to the issue. 1 believe
the proposed appointment of Gallagher
is an unfit appointment. I'll content
myself by saying that much. Under
the existing conditions believe that the
powers that dictated this action would
have done much better had they
selected another member of this body,
If any such selection is necessary.
therefore offer as an amendment to
nominate Supervisor Tveit--loe to be
acting mayor"
Tveitmoe said he hoped O'Nelll would
withdraw his name.
"It isn't necessary" interposed Presi-
dent Gallagher. "There is no second
to it."
In a speech Tveitmoe said he believed
that in adopting the resolution the
board would be entering on dangerous
ground that would involve the city In
long and serious litigation. He gave IL
as his opinion that so long as the mayor
remained within the city and county
and was able to use his right hand TOT
the signing of documents he was not
tncapacitated from performing his
duties He opposed the resolution, not
because it names James l.. Gallagher,
but because it is violative of law and or
the constitution"
The question was then put and the
motion to adopt prevailed.
"IIIegaI," Says FairaII
Former Judge Charles w. Fairall,
who is preparing the bill of exceptions
on which the defense depends for an
appellate court decision annulling the
conviction of the mayor and, sending
the case back for another trial, gave
the following statement touching the
proposal of the prosecution to eject the
present administration and replace IL
with a set of officials in harmony with
the district attorney and his associates;
"If the l=osecution proposes to adopt
such q course it would be not only lllegai
but revolutionary anu SupoOlo "
publican institutions. 1t would be in ef-
feet the overturning of written charters
and the striking down of the constitu-
tion itself 1t is the most high-handed
and arbitrary proposal that has ever
been made in America and cannot
believe that court of law would Tor
moment uphold 1t.
Before this judgment of conviction
against Mayor Schmitz could be IN
troduced in evidence at all against him
in an action to remove him from office
it must become final, and the only way
in which it can become final is the
affirmapce of it upon appeal or the ex-
pirationNof the time for appeal without
any appeal having been taken. To
remove a man from office before
Judgment of conviction becomes final
might work great injustice upon him.
There is, no assurance that this verdict
of conviction will ever be sustained
by an appellate court. On the con-
trary there Is every reason to believe
that it must be set aside for the mani-
fest errors with which the record
aboundS.
"And even should the prosecution be
able, in an action to remove the mayor,
to secure a Judgment of custer against
him, that judgment could not be en-
forced during the tendency of an APP
peal therefrom. In the language OF