The San Francisco call., 1907-06-27
LangdOn Holds Up
Schmitz' Claimfor
June Salary
Nav Force Issue in
Courts by This
Procedure

The way for a final determination by
the courts of Eugene E Schnltz
claim that he is still mayor OF san ran
cisco in spite of his conviction OF
felony by trial jury was opened yes
terday when District Attorney Ian
don sent letter to Auditor norton
protesting against the payment OF
Scbmitz, salary as mayor since June 10,
and notifying Horton that any suSh
pavnent would be illegal. Horton
agreed to audit only that part OF
Schnaitz' salary claim covering the nrst
13 days of the month, and II is now
souarely up 10 Schmitz, If he hopes 10
draw any more money from the CITY,
TO prove In court his contention that
he is still mayor.
Isngdon's letter to Horton followed
a talk between the two officials earlier
in the day, when the district attorney
voiced his protest and received the as
snrance from Horton that the salary
demand for $500 filed by Schmltz
week ago, and covering the entlre
month of June, would be held up. The
letter written later in the day merely
nut the protest in formal shape
When Schmitz filed his demand for a
full months salary, he also filed the
demands of John J. Boyle, clerk IN the
roavor's Office. Marcus Blum. usher, and
Miss Botcher. stenographer. Langdon
made no objection TO paying the three
last named their full salaries, but de-
clared that Schmitz ceased to be mayor
when the trial jury in his extortion
case returned a verdict OF guilty
AGAINST him June 13, and that con-
seouently he was entitled to but Szle.oo
as salary for the first 1S days OF the
month
Horton not only declared that he
would withhold the salary demand out
informed IRngdon that he would recog-
nize Gallagher as the mayor de facto,
although he was not convinced that
Schmitz might not still be the mayor
de 5ure-
Schmitz now has but one recourse If
he wishes to collect any OF the money
which he claims is due him for the time
elapsed since June 13. That recourse
is through the courts and to adopt II
means that Schmitz must invite a for
NAL court decision, not merely as to the
validity of Gallagher's appointment as
acting mayor, but as to the whole
question Of his own custer from office.
To let this matter reach the courts
through the medium of some demand
necessitating the signature OF the
mayor and which either Schmitz or
Gallagher might refuse to sign might
result only in an opinion by the court
as TO whether SchmitZ' confinement
IL Ll6 county JAN PASfSAAlCO AAAA- A-Os-A
exercising the duties of mayor, and
still leave open the entire question as
to whether Schmitz' conviction amount
ed to a removal from Office. A case
arising from a demand by Schmitz for
his salary. however, would center en-
tirely upon this one important ques-
ton and by ordering the Withholding
of his salary the prosecution has very
easily thrown the Initiative and the
entire burden of proving his contention
on the shoulders of the convict.
Schmitz' contest Of Horizons refusal
to audit his claim will be begun, IL IS
expected, through the fling of an ap-
plication for writ of mandate to force
Horton to audit the claim and the con-
tention on which such a claim must
be based is that Schmitz is still mayor
Imprisonment and as such is entitled
to the salary provided for the incum-
bent OF such Office.
Langdon also saw City Treasurer
Bantel yesterday relative to the lat
uer's decision to cash no demands un-
less they were signed by both Schmitz
and Gallagher, in cases where the
mayors signature was required.
Bantel denied that he was taking any
sides In the dispute over the mayoralty,
but said that he desired to protect his
bondsmen as long as there was any
doubt as to whether Gallagher or
Schmitz was the legally qualified
mayor. When Langdon explained To
Bantel his reasons for assuming that
Schmitz was no longer mayor Bantel
decided that he would refer the matter
10 City Attorney Burke for an opinion
as 10 whether he should recognize the
signature of Schmitz or Gallagher be
fore cashing demands.
No demands signed by either have
been presented to the city treasurer up
TO the present time.