The San Francisco call., 1907-06-19

Confined From Page 4, Column
houn. but the president of the United
Railroads denies that he either in
spfred or dictated it.
The notice was typewriter on the
official letter heads of the mayors
Office, but inquiry developed the fact
that Schmitz had not been at the office
either on Monday or Tuesday. He,
therefore, must have dictated the let
ter in his quarters at the county jail
or in the office of his attorney. For his
action schmitz may be adjRdged to be
in contempt of court forothe orders
issued by Judges Dunno and Lawlor
prohibit him from transacting any mu-
nicipal business, although there is some
doubt as to whether a claim to Office
can be characterized as an official act.
In his notice Schmitz admits that his
power to perform the duties of the
mayoralty is circumscribed when he
states that he intends to supervise the
work of the different departments. so
far as it is possible"
Acting Mayor Gallagher when asked
as to the effect of Schmitz' notification
that he still regarded himself as mayor
said:
That is Mr.. Schmitz' opinion of the
situation, but am sure that the super
visors do not agree with him. OF
course, II the courts SnOu1Q QGclQe+ InaI
he is de jure the mayor of San Fran
cisco he would be at liberty to reas-
sumo the duties of the Office. But at
the present time he is prevented from
performing the functions of mayor, and
have been appointed to act for him In
that capacity
Asked as to what disposition would
be made of Schmitz' notice, Gallagher
said it would be placed on file at next
| Nom n We mo inc 1f ~
that would end the matter so far as
the board was concerned.
Gallagher pronounced as false the re-
port that he was barred from the may
or's office at Post and Franklin streets.
AS matter of fact. Gallagher said, he
did not go TO the Office at all.
Il will make my headquarters as act
Ing mayor in the Office of the finance
committee of the supervisors of which
I am still chairman" said Gallagher
Il have not gone to the Post street
office and probably will not do SO until
the necessity for such action demands
my presence there l will confer with
Mr.. Schmitz also if necessary, and If the
exigencies of the municipal business
would require such course l would
not hesitate TO do so
Asked as to the status of the mu-
nicipal budget, which had been in
Schmitz' hands for six days when he
was deposed as mayor by the super
visors. Gallagher replied that if
Schmitz were to return the document
within the 10 days required by the
charter with his disapprovaI of any
items therein, 1t would be incumbent
upon the supervisors to override the
yetoes. which would probably be done.
Gallagher said. He did not think
that the overruling Of Schmitz' vetoes
would be tantamount to recognizing
him as mayor, but would simply be
done as a measure OF precaution CAL
/ lagher will sign the budget as acting
mayor in order to comply with all tech
nicalities that might arise. If Schmitz
does not return the budget by next
Friday 1t will become a law anyhow
Gallagher said he had not per-
formed any official act as acting mayor
as yet, and that he had no knowledge
of any program looking to the removal
of any commissioner or other public
official.
There has been no conference for
the purpose of taking action against
any official,' said Gallagher, "and so
far as / know, nothing has been agreed
upon either as to removals or forcing
any city official to resign"
Gallagher is evidently waiting to
hear from District Attorney Langdon
as to what the next move of the graft
prosecution will be.
The demand made By Schmitz that