The San Francisco call., 1907-03-15
CRUSHING BLOW
DEALT To RUFF
AND SCHMITZ
Supreme Court Denies the
Petitions for Writs of
Habeas Corpus
MAYORS BAD FAITH
His Surrender to the Sheriff
Merely for Purpose
of Appeal
NEW MOVE is MADE
Captive CRATER Now Alleges
Elisor Biggy Is With
out Authority

The Supreme Court of the State
dealt another crushing blow yesterday
TO the hopes Of Mayor SchmItz and
Abe Ruef. In two unanimous deol-
sions It denied the petitions for wrlts
Of habeas corpus fled by the partners
IN Doodle. In doing so the court took
-occs,ion 10 declare that Mayor
sohmitz. IN surrendering to the Sheriff
merely for the purposes Of appeal had
sought 10 abuse the remedy of hsbeas
corpus. Il intmsted strongly that ne
had not acted in good faith. The pc
iition Of Ruef was denied for lack OF
merit. Before the day was over. how
ever. Ruef had filed another petition
for = writ of habeas corpus. alleging
that william J. Biggy. the elisor' was
not clotbed with the proper authority
10 keep him in custody. The court or
dered that an alternative writ be is
sued and will hear arguments at 1880
o'clock this morning.
Tn their ruling the Justices OF the
supreme Court have anticipated many
Of the points that win come up on a
possible appeal from the verdict Of a
Jury. In every case Judge Dunno has
been upheld and the contentious Of the
attorneys for the Ersfters oyerruled
Tn denying the Ruef petition yesterday
the court passed upon the competency
Of Grand Juror Wallace Wise. holding
that ne could legally serve. although
he had been on trial jury within the
wear Tn so ruling the court has
knocked out what the attorneys for the
defense considered one of their strong
est points.
NO HELP FOR THE MAYOR
The court failed to pass on the ques-
tion whether the facts charged were
sufHcient TO constitute an offense. IT
was oonfended by Ruets legal repre-
sentative that property rights were not
involved in the liquor business and
therefore. even II Ruef did hold up
the licenses Of the French restaurants,
n did not constitute crime.
IN denying the petition Of the Mayor
the court pointed out that the custody
from which he sought TO be discharged
was "self-invoked and voluntary, sub
mitted to only for the purpose OF maxi
ing . case on habeas corpus" and then
added:
we are unable 10 see why these
circumstances do not bring this case
fully within the rule laid down in the
case OF In re Cow, 1Ss Cal, 242. IT
there appeared that the surrender to
the ofioer was merely for the purpose
Of suing out the writ, and lasted no
longer than was necessary to file the
petition and procure the order 1t was
there declared TO be an abuse Of the
remedy by habeas corpus to apply it in
cases where there is no actual impris-
onment and no restraint, except that
which is invited and voluntarily sub
mitted to in order that a merely nomi-
nal prisoner may resort TO the courts
FOR the determination Of the validity
Of an ordinance or some question Of
that sort.
1t was said: Our conclusion is that
such a practice ought not to be coun-
tenanced. and hereafter the court will
make strict inquiry into this class Of
cases whether the alleged imprison-
ment is actual and involuntary, and If
il is found to be, as in this case, a
merely nominal restraint, voluntarily
submitted to for the purpose Of making
out case, the proceeding viii be dis
missed
I'VE deem the rule here declared a
most salutary one, entirely in accord
with the objects and purposes OF the
remedy by habeas corpus, and adhere
thereto"
The petition OF Ruef was based on