The San Francisco call., 1907-06-29
Error Clerk Legal 7ang compaI
HORTON AND schM|Tz
IN STRANGE DEADLOCK
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ter from District Attorney Langdon in
forming him that Schmitz had ceased
to be mayor on June IS, the day on
which the jury found him guilty of
extortion. and warning Horton not to
pay the mayors salary 10 Schmitz after
June 49, At the same time Schmitz
warned Horton not to pay any money
on warrants signed by Gallagher. Hor-
ton, in an attempt to obey both Lang
don and Schmitz, has refused to sign
the warrant for Schmitz' salary and
yesterday sent the following letter to
the former mayor at the jail:
RECOGNIZES BOTH CLAIMANTS
Your letter of the 26th was received
today. In reply will state that acting
under the advice of my attorney |
recognized the signature of Mr.. CAL
lagher simply as a de facto mayor. I
did so in order to expedite the business
of the city and county. am thoroughly
convinced that I acted legally in the
matter. AS to the question of the de
jure mayor, hold that you possess the
title and the honor Now that 1 have
been notified by you j shall in future
insist that all warrants bear your sig
nature"
From this Il may be seen that Horton
henceforth will recognize Gallagher as
the de facto" mayor and Schmitz as
the 'de jure' mayor.
By the provisions OF the charter the
salary demand of the auditor must be
signed by the mayor and that of the
mayor by the auditor. When Horton
refused TO sign the demand of Schmitz
for the full salary of $500 for juno
Schmitz few into a rage and sent a
hurried message to the attaches in his
office at Post and Franklin streets.
Peter Tanning, one of the attaches of
Schmitz's office, returned to Horton
yesterday the warrant calling for 1888,
the salary of the auditor for June.
why didn't the mayor sign my
warrant?" demanded Horton.
Because he said he wouldn't sign
yours till you signed his" said Fan
ming with grin.
Horton at once saw the predicament
in which he had placed himself. If he
signs the warrant for Schmitz he will
have violated the orders of District At
torney Langdon. On the other hand,
Horton cannot put his warrant through
on the signature of Gallagher alone,
for he himself has established the rule
which requires the signatures of both
Schmitz and Gallagher. 1t would seem
that Horton must go salaryless at least
for the present.
The demands of ]. J. Boyle, Marcus
Blum and Miss hatcher, attaches in the
office of Schmitz, were cashed yesterday
by the city treasurer after acting Mayor
Gallagher had affixed his signature
thereto under that of Schmitz.
CURIOUS COMPLICATION
curious complication has arisen
over the claim of the gas company for
the sum of s47,211.45. The authoriza-
tion passed by the supervisors was
signed ty Gallagher and the demand
was signed by Schmitz. Treasurer
Bantel refused to cash the demand un-
less 1t bore both signatures.
Auditor Horton audited the demands
of the police department before the
ordinance setting aside $4,000 out of
the surplus fund to make UP dedcit
in the salary fund was signed by Gal
lagher as acting mayor. Horton had
passed out nearly all the demands be-
fore he discovered the oversight Cal
lagher said that he objected to any
city official presuming that a measure
would be signed, claiming that suo-
sequent failure to approve the measure
ight invalidate the payment of city
money.
II object to paying the demands of
the policemen before the last day OF the
month when they are due" said Gal
lagher. "I will probably sign the ordi-
nance, but 1 do not want the auditor
or any one else to anticipate my ac-
ton"
Some people are unkind enough to
say that the reason Gallagher with
held his signature from the ordinance
was that Chief of Police Dinan had
refused to recognize his signature as
acting mayor on fight permits and Gal
la I her saw an opportunity to retaliate