The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1907-08-20
court FAVORS
TAYLOR FOR MAYOR
Schmitz's Friends are GIum Over
Decision.
Verdict Of the Court Is Received With
Great Excitement - Old Bailiff Has
Trouble in Stopping Noise-Taylor at
Once Appoints Police Commissioners.

SAN FRANCISCO, August l9.-The
question, Who 10 Mayor Of San Fran
cisco! was determined today in the Sal
vation Army barracks at Fillmore and
Post streets, where the Supreme Court
of the state, sitting en- banc, decided in
favor, Of Dr.. Edward R. Taylor and
against Eugene e. Schmitz- Since its
custer from the Century Club by the
women Of that organization mont. or
more ago, the highest court Of the COM
ntonwealth has not had place to lay its
head.
Temporary offices are occupied in the
Central building. at Sutter and Polk,
but no room there is large enough for
sessions. Today, Superior Judge Cook
lent his makeshift courtroom, the Sal
yation Army barracks, and in that bare
chamber, whose rude walls give back
ground to luridly lettered admonitions
such as "The wages of sin is DEATH "Be
sure thy sin will find thee out" and His
eye is watching thee" the most import
ant question in the municipal annals Of
the state found its answer.
Chief Justice Beatty. fanked on two
sides by Associate Justices Henshaw,
Angellotti and Sloss, Mcfarland, Shaw
and Lorigan, sat on rough platform,
behind cheap desk--regeneration relics
Of the fire. Their audience numbering a
hundred-odd men who had assembled in
the interest of curiosity Of expected ar
guments anent the validity Of the Oliver
grand jury and the legality of the in
dietments by it returned, got the news
of the Taylor confirmation when the
other matter had been postponed and
the court was about to rise.
The supreme court today decided in
favor of DR.. Edward R. Taylor and
against Eugene E. Schmitz in contest
for Mayors office.
Chief Justice Beattey said: 'In the
case of McKannay vs.. Morton, the decis-
ion and opinion ends in favor Of DIR.
Taylor for Mayor.
so great.a buzz of excitement arose,
that the veteran bailiff, Col. Poole, had
difficulty in preserving order for ad-
journment. Many lawyers of state fame
crowded the clerk for a glimpse of the
typewriter opinion which Chief Justice
Beatty handed to him.
The friends of Taylor beamed on each
other and shook hands. Followers of
Schmitz Of whom two or more were
there looked glum. The opinion was
written by the chief justice and concur
red in by the six associate justices.
While it expressly disavows any de-
termination of whether Schmitz is
deure Mayor, no cleverness is required
to see that the court does not think he
is and the standing of DR.. Taylor as
defacto Mayor is confirmed with empha-
sis to uphold the legality of DIR. Taylors
Board of Supervisors and discourages
Schmitz' recent appointees from further
efforts to claim seats.
The jist of the opinion in a nutshell is,
the conviction of Schmitz of felony and
Of extortion, ousted him from the May
olalty and the pendeney of his appeal
does not bar a eapacitated person from
stepping into the vacancy.
immediately after the delivery of the
opinion by the supreme court in his
favor DIR. Taylor appointed a new board
Of police commissioners composed of the
following: Hugo D. Keil, manager Keil
esctate; Joseph A. Leggett, attorney;
Charles A. Swiegart, attorney; and A. D.
Cutter, a banker.