The San Francisco call., 1907-01-29
CORPULENT BRIEF
To AID SCHMITZ
Buff-Colored Work Placed
With Supreme Court by
Counsel of the Mayor
HENEY WILL ANSWER

Attorney J. J. Barrett spent four
hours yesterday in an attack on the
indictments against Mayor Schmitz.
He occupied the morning session and
part Of the afternoon in Judge DUNES
court The argument was on the de-
murrer, and applied TO all FIVE indict-
ments.
Before entering Judge DUNES tri-
bunal Barrett went to the Supreme
Court and filed a buf-colored work as
corpulent as a three-volume novel.
which is the brief in the habeas corpus
petition now before the higher court.
The arguments made yesterday, both
oral and printed, were not different
from those made orally before the
Supreme Court by Attorney Fairall.
After Barrett had finished his lengthy
exposition before Judge Dunno IL was
4:15 in the afternoon, but Henry Ach
took the floor for q short time to
epitomize the arguments and explain
them in several crisp Illustrations, by
which he showed how, under his in
depreciation OF the law, he could sail
in the very teeth Of codes without
danger Of criminal proceedings.
Today Heney viii respond to the
arguments. and il is expected that
brief viii also be filed before the Su-
preme Court by the people.
WRITER ON CRAFT PRESENT
Lincoln Steffens. the famous writer
on graft topics and author OF the
shame OF the Cities which is prac-
tically a textbook on graft exposures in
America, wes in the courtroom yester-
day, following the proceedings. He
stated that he had not decided whether
he would write an article on the local
situation.
In his argument Attorney Barrett
made q statement which seems rather
amiss as coming from an attorney as
sociated even remotely with that we'll
known attorney for liquor interests,
A Ruef 1t was after noon, and Bar
rett was treading along the paths OF
repetition, when he took 70 telling
how II would have been no sin for
any one 10 take money from liquor
dealer under threat of not permitting
the dealer to DO business.
LIQUOR BUSINESS Is OUTLAW
The liquor business is an outlaw
business" said the Mayors attorney.
or course the Mayor had said in open
meeting that the French restaurants
should be preserved because they con-
tributed to the prosperity Of the COM
munity, and now the Mayors attorney
declares in open court that the selling
Of liquor, particularly in a French res
taurant. is a business which is out
law lldl H. llldl no one can engage
in IL without having complied with
certain regulations TO have il put with
in the pale OF legality.
The precarious business position Of
liquor dealer was made a subject for
much comment by Barrett and later
by Ach.
In substance the arguments of the
Mayors attorney were that under the
code definition extortiOn may be
charged only when property is secured
under threat OF doing an injury to
property. A liquor license is not
property, continued the Barrett syllo-
gism, and therefore no public offense is
charged In the Indictment Further
more IL was cOntended by Barrett and
more pointedly by Ach that a man may
legally threaten TO commit an act
which is not illegal and that II Schmitz
and Ruef did threaten TO prevent the
French restaurant keepers from getting
their licenses they had a legal right TO
DO so and could not be indicted for the
act
WHAT ACH MIGHT Do
Ach IN his argument went so far as
aaTN