Los Angeles herald., 1907-05-09

organic law of the state--a law which
he has sworn to uphold and support
and the only question is:
Do present conditions in San francis.
co constitute state of affairs amount,
ing to an insurrection within the mean.
ing of article VIII Of our state con.
stitution?
If they do, then Governor Gillett
must act, and act promptly, regardless
of the attitude of San Francisco's in.
dicted, bribe-taking, bassoon-playinl
mayor.
That the conditions existing in Sar
Francisco do amount to an insurrec-
ton no sane, right-thinking, law-abid.
ing citizen of this commonwealth car
deny. Mayor Schmitz is but the too
of the men who are now the ring
leaders of the murderous assaults be-
ing made upon the men who have
been employed to operate the street
railroads of that sorely tried city; and
when Mayor Schmitz states that, If
necessary. he will swear in a number
Of special policemen to help maintain
order, he means that he will swear in
these very men who have elevated
him to his present position and who
are the ringleaders in the present dis
turbance.
Chief of Police Dinan, under indict-
ment for accepting bribes, states that
he will order the police to shoot down
any nonunion man who, availing him
self of the God-given right of self
defense, shall draw a pistol to pro-
tect himself against the murderous as
saults of assassins.
And while there was some apparent
effort made by the police yesterday to
preserve order, it is still believed that
the civil authorities of San Francisco
are either unable or unwilling to pre-
serve order or protect property, and
that their connivance makes it possible
for the people now in active opposition
to the execution of law in San Francis
the meaning of that term as defined
by Judge Grosscup.
Since, therefore, a state of insurrec-
ton unquestionably does exist in San
Francisco it is Governor Gillett's duty
to call forth the militia to suppress this
insurrection and to act without wait
ing for call from San Francisco's
malodorous mayor or indicted chief of
police. 1t is too apparent that these
two worthless are either in league with |
the insurrectionists, or else, through |
fear of the latter, are refraining from |
doing their duty; and under this state
of facts what was said by the su-
preme court of idaho in Boyle's case
is pertinent. There the court said:
at is no argument to say that the
executive was not applied to by any
county officer of Shoshone county to
proclaim said county TO be in a state of
and that for this reason
the proclamation was without author
ity. The recitaIs in the governors
show the existence of one |
of two conditions, viz; That the county |
officers of said county, whose duty it
was to make said application, were |
either in league with the insurrection-
lists, or else, through fear of the latter,
said officers refrained from doing their
duty. Under the circumstances it was
the duty of the executive to act without
any application from any county officer
of ShOshone county. This conclusion is
based upon what we deem correct
of the provisions of our
constitution and statutes in force"
Again we ask, will Governor Gillett |
have the, courage to perform his duties |
fearlessly and promptly?