Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1907-06-27
SENTENCE OF SCHM|Tz
TO Be PASSED
JULY 8
San Francisco Executive Has
Tied the Hands of
City Treasurer
Bdntel.
NO PAYMENT ON
GAllAGHER'S NAME
Bond Company Alarmed by Pris-
oner'S Claims, Will Permit No
Disbursement of Funds With
out His Signature
to Warrant.

RSAAiitlNAr COlNltNtu VI tANOIllQn IN the
French restaurant cases, was post
poned this afternoon until July g..
The mayor was in court, coming in
an auto from County Jail No. 2,
where he is now confined.
Ties Treasurer's Hands,
lncongruous as it may appear that
an (nmate of the county Jail should
hold up the city treasury, it is fact,
as no funds Will be paid out by Treas
urer Charles A. Bantel, unless the or
ders therefore bear the autograph of
Eugene E. Schmitz.
Whatever the school teachers, fire.
men, members of the police force and
others, who may have money due
them from the city, may think about
lagher's appointment, they will find
that Eugene T.. Schmitz, at County
Jail No. 2, Is acting like a mayor,
and that he must be seen at his legal
residence before their demands can
be cashed.
On Saturday, Schmitz notified Col.
Paul M. Nippert of the Aetna Surety
Company, that he would hold that
company responsible for any money
paid by Bantel without the signature
of Schmitz.
Nippert. after studying the situa-
ton for two days, informed Bantel
that, as q matter of precaution, he
must have the authority of Schmitz.
as we'll as that of Gallagher, for the
payment of funds, or the surety COM
pany will cancel his bonds.
Schmitz Asserts Himself.
The purpose of this latest move on
the part of Schmitz Is to weaken the
claim of Gallagher or that is made
for Gallagher, that he Is the de facto
mayor.
Watch me-" says Schmitz, "and
you will notice that In fact l am the
mayor" SO he makes anxious pro-
moters of amateur boxing contests
wait at the wicket of the jail while
he signs their permit; he creates a
police commissioner, and now he
brings 1t about that all the creditors
of the city must wait his pleasure for
the payment OF their bills. AS he can
not obtain from the court permission
to sign orders at his former office,
the road to the Jail will be the only
way for the school teachers and 9TH
ers who may be in need of their sal
aries.
81 regret very much to be forced
to take this positin," Nippert said,
but l cannot see any other course
open to me. On Saturday, SchmitZ
called me to the telephone, and told
me that he would sue us for any
money which Bantel might pay with
out his order. He said that he had
heard that the weekly budget had
been signed by Gallagher, and that
the city treasurer was paying the
money, or was going to pay it. He
said that IL this was done. he would
ho'd the surety company responsible.
VIII Take no Chances.
while | am told that the prosecu-
tion feels sure of its position, and
holds that Gallagher is the legal act
ing mayor of the city, the attorneys
~ GnhDnftz a p In GiutQnf that he fg
not. L have seen them, and they talk
in a very positive way of their con-
Viction in the matter. Where there is
a question, there must be a doubt,
and as a matter of precaution, L in
formed Bantel that he must have the
signature of Schmitz for any money
that he pays, or we shall cancel his
bonds.
"All these bonds for the city off,
Gals have caused me no end of trou-
BILE, and / cannot afford to take any
chances. We are on the bonds of
Schmitz as well as those of Bantel'
and we have bonded all the supervis-
ors to the extent of $4,000 each. l
have had all the notoriety that 1 wish
out of this"
The position of Colonel Nippert,
who is a member of the staff of Gov
Gillet, In peculiar He is on the
bond Of Eugene E. Schmitz,T thereby
Obligating himself to see that Schmitz
performs his duties faithfully. He has
had some misgivlngs over the bonds
OF the supervisors, and now he is
forced to act as mentor for the city
treasurer.
At the time of the election in 1908
Schmitz and some of the others who
were elected with him on the ticket
had great difficulty in securing bonds
The wise ones did not look upon
them as good risks and surety COM
panies fought shy of the proposition
until Nippert went east and after a
other directors of the Aetna secured
their permission to write the bonds
The offer was so readily accepted that
before Nippert got back to San Fran
cisco he found that his Office had
written every official elected with
Snhniiy