The San Francisco call., 1907-01-31
RUFF AND SCHMITZ
END ARGUMENTS
IN COURT
Attorneys Shortridge, Ach
and Fairall Make Pleas
on Indictment Demurrer
GRAFTERS ALLOWED
ANOTHER DELAY

Three important incidents marked
yesterdays proceedings in the case Of
Abe Ruef and his dutiful Mayor, who
are endeavoring TO avoid trial on
charges OF having extorted money from
French restaurant keepers. Henry
Ach, attorney for the boss, advanced
the theory OF the grafters that political
pull is 8 marketable commodity; the
attorneys for the indicted grafters con-
cluded their arguments in the Superior
Court on demurrer 10 the indictments,
and the District Attorneys Office filed
q brief IN opposition TO the application
OF Mayor Schmitz TO secure his release
from legal entanglements on a writ Of
habeas corpus.
The last two indictments We're chro-
biological steps In the case. With the
conclusion of the arguments before
Judge Dunno there was granted a wait
OF ten days before the court VIII give
a decision on the validity Of the in
dictmenCs. Yesterday was the seven
tieth Gay in the history Of the graft
investigation. and that meant that the
next step I'm the matter would most
likely be on the eighteth day. The
Supreme Court viii have ninety days
I'm which to give decision on the
habeas corpus matter and II that
should take its fun period much
might happen 10 Ruef and Schmitz in
the interval In the way OF trial and
conviction. The brief filed covers the
legal points already expressed i'm oral
argument and questions the act Of the
Mayor in surrenGeriug himself for the
purpose Of securing the writ.
ACH PARAPHRAsEs HENEV
Three attorneys spoke for Ruef and
Schmitz before Judge Dunno yester-
day-Charles Fairau Henry Ach and
Samuel ShortridEe. Fairan devoted
himself 10 reviewing the legal points
involved and cOntended that liquor
license was not property, lnasmuch as
q license could not be taxed legally
lie argued that the codes provided that
all property was taxable ACh, In addi-
tion to VOicing the great principle of
"pulT as q ft matter of traffic, under
took To make what he called para
phrase" OF the history OF the French
restaurant graft which Assistant Dis
trict Attorney Henev set forth on Tues
day. Ach was so vehement in his re-
marks that he broke his glasses.
HENEY Is ATTACKED
Ach's hypothesis took the form OF a
shutting attack on the motives of
Henev. imDuting malicious spite 10 the
Assistant District Attorney and in
sinuat ting that he was merely fulfilling
r threat that he had made Ito get Ruef
yet. Ach repeated the accusations
which Henev made p year ago, that the
greater part ~ the Superior Court Of
this city was corrupt. And this emil
nent gentleman" said Ach. comes be-
fore this corrupt Judge-for did he not
say that all the Judges were corrupt
and asks a conviction Of this man,
Ruef"
Ruef was the hero Of the ACh tale.
II was an interesting recital but Ach
took some Of the flavor out OF it later
I'm the day by saying that he made il
without authority. and that the defense
would not follow the lines he had
laid out so vehemently. When Ach
finished for the day he made an apology
to the court for what he called his
''0verzeal"
Shortridge devoted himself to grace
ful oratory and digital eloquence, de
clar'ng that liquor license was not
property because the devil turks in
the wine cup