Los Angeles herald., 1907-07-04
Conviction Likely to
End Political
Career
Prosecution Inclined to
Laugh at Mayors
Aspirations
District Attorney Lansdon Again AS
serts That Galagher's Term
Of Office Will Be
Short
Nv Associated Press.

BY Associated Press.
SAN FRANCISCO, July 3.-The an
nouncement by Eugene e. Schmitz, the
convicted mayor of San Francisco, that
he will be a candidate for reelection
this fall to a fourth term, unless his
appeal for a new trial is in the mean
time denied by the appellate and su-
preme courts, has raised the question of
whether he can legally go upon the pal
lot. An examination into the law on
this point was made today by Assistant
District Attorney Robert Harrison. and
the tentative conclusion was that the
mayor is barred.
Schmitz claims that he is not convict
ed until his conviction by the jury in
Judge Dunne's court is finally passed
upon and sustained by the supreme
court of the state; hence, that the ver-
dict of guilty returned against him does
not at this stage operate under the
charter to remove him from office. On
this Interpretation of the law he pro-
poses to fight the attempt that probably
will be made next week by the bribery
graft prosecution to supplant him in
office by having the board of supervts-
ors appoint an emergency mayor to
fill out the unexpired term to January
], 1908. 1t is supposed that Schmitz'
attorneys will apply to the courts for an
injunction restraining the new mayor
from performing any of the duties of
Office or of otherwise interfering with
the performance of those duties by
Schmitz. The prosecution in opposing
such a move will rely on article 16, sec
ton 10, of the charter of San Francisco,
which says
"An office becomes vacant when the
incumbent is convicted of felony"
Must Define "Conviction"
If the mayor replies that the word
conviction" does not apply to his case
IS it now stands, and that conviction
is not a conviction until it has been
finally approved by the court of last re-
sort. the district attorney will point to
the case of the people VS.. Ward Q34
California;, in which the supreme court
held that a conviction is the render
ing of verdict of guilty by the jury"
Regarding the mayors declaration
that he will be candidate for re-elec-
tion District Attorney Langdon today
said:
I'VE attach not the slightest import
ance to the mayors proclamation. Ev-
cry fellow who is convicted of felony
and sent to the county jail feels that
he has the best sort of a defense in
fact, and that he has been convicted
either by a prejudiced judge or a BIZ
ased jury Schmitz does not differ from
the rest In this particular. His talk
about staying in office and running for
reelection is wild and useless, and
quite characteristic. The only senti-
ment it provokes in us is one of amuse-
ment."
Mr.. Langdon was asked whether the
prosecution will be ready on next Mon
day according to agreement with Judge
Dunno to have sentence passed on
Schmitz, or whether another delay will
be asked for. you may say he added,
that we no longer are waiting for the
sentencing of Schmitz to select and
place in office his successor. AS soon as
we have agreed upon the right man,
Acting Mayor Gallagher will resign, his
resignation will be accepted by the
board of supervisors, and a successor
will be appointed to serve until January
l. We have not yet agreed upon who
this successor shall be, but we expect
to make public his name before very
long. You may rest assured that Gal
lagher is not to hold down the mayors
chair indefinitely"
Legal Point Attractive
While sharing fully the sentiments
of his chief with regard to Schmitz
ambition to bo a fourth time mayor
of San Francisco, Assistant District
Attorney Harrison conceded the at
tractiveness Of the legal point involved
in his ability to get his name on the
ballot. He pointed out that article Is
of the charter provides that no per-
son shall be eligible TO or hold office
who has been found guilty
of malfeasance in office, bribery or
other infamous crime. or who in any
capacity has appropriated public
funds" The words "or other Infamous
crime" are synonymous with felony.
The crime of extortion, of which the
mayor stands convicted, is a felony.
BY the charter provision then it would
appear that the mayor is distinctly
barred from reelection and that the
benefit claimed by him through pen
dency of appeal affords nothing be-
cause of the decision in the Ward case
that conviction means the returning
of a verdict of guilty. All this, how
ever. is on the assumption that the
higher courts will render no decision
in the mayors appeal until after the
fall election. If, on the other hand,
his appeal should be sustained before
the ballot is made up this fall a very
fine point in legal Interpretation would
arise.
The sustaining effect of an appeal
would set aside the verdict of con-
viction and thereupon the mayor could
claim that all the civil rights possessed
by him before conviction were restored
to him. That this contention would
be correct is a well established prin-
cfple of law. But here would be en-
countered another and seemingly in
superable setback:
In the Carter case Q41 California;,
the supreme court has held that the
government can impose such limita-
tons and conditions with respect to
the duration and termination of a pub
lie office as may be deemed best, and
the incumbent takes the office subject
to those conditions when he accepts 1t.