Evening star., 1907-07-01
SCHMITZ STILLAPOWER
CONVICTED MAYOR ISSUES Or
DERs FROM JAIL.

OEhS EhUM JAIL.
SAN FRANCISCO. July This city is
now witnessing the struggle of a convicted
mayor to retain the functions and powers
Of his office and the bitter fight of a dozen
millionaires to escape trials on indictments
that have been returned against them by
the grand jury.
In the Kaleidoscope changes that have
characterized the prosecution of graft In
this city there has come somewhat of a
halt. The scenes have been shifting slowly,
and during the last few days the public
Of this municipality has looked upon a
legal fray In which Eugene SchmitZ and the
indicted millionaires from whom he is al
legged to have received bribes have joined
forces in an attack upon the grand jury in
an effort to invalidate the acts of that body.
Individually Schmitz is fighting to hold
the office from which his conviction on the
charge of extortion has practically barred
him.
Schmitz Issues Orders From Jail.
Acting Mayor James L. Gallaher has been
appointed in his stead but despite this fact
Schmitz insists on exercising the functions
of his office From his quarters in the coun-
ty jail he issues orders and makes appoint
ments The prosecution at present shows
no inclination to dispute the appointments
and acts Of Schmitz. and contents itself
with the statement that at the proper time
all his work will be undone at one stroke.
Schmitz came up for sentence before
Judge Dunno during the latter part of last
week. and his attorneys Immediately filed
notice Of appeal and made application for
bail pending the determination of the writ.
The attorneys for the convicted mayor
state In their appeal they have noted
press the opinion that the Judgment of
the jury finding Schmitz guilty of extor-
tion will be reversed and a new trial or
dered.
A Two-Headed Government.
During the latter part of last week San
Francisco witnessed the spectacle Of a
doubie-headed municipal government.
Schmitz made the appointments and We
toed measures. Gallagher presided at the
meetings Of the board of supervisors and
signed bills and ordinances. The acts of
both men have so far been unquestioned
At the meeting of the board Of SUPER
visors held last Monday the municipal
budget came up for passage. Six of the
items In the budget had been vetoed by
the unanimous vote of the board. District
Attorney Langdon says:
AT the proper time steps will be taken
to fill the office of mayor Of this city. We
are not concerned with what Schmitz does
at present as long as he does not interfere
with the operations Of the city government.
He is seeking to entangie US in litigation.
but he will fail in his purpose. We con-
tend that the mayor Is confined in the
county Jail and for that reason the charter
provides that his successor shall be ap-
pointed by the board of supervisors from
their own number. That has been done.
Who will succeed Acting Mayor Gallagher
remains to be seem
Assistant District Attorney Heney con-
tends that Schmitz is down and out for
good. He said:
'Schmitz is out Of Office and out for
good. He cannot regain his Office"
While Schmitz is making his fight to hold
office he Is at the same time making le-
gal battle at the numerous indictments that
have been returned against him. The fight
has been going on for weeks. Arrayed on
one side are the indicted officials of the
United railroads. the San Francisco Gas
and Electric Company. the Pacific States
Telephone Company and the Parkside
Realty Company. Assistant District Attor-
ney Heney is conducting the fight against
the combined forces Of the defendants.
The Millionaires Indicted.
Patrick Calhoun. president of the United
railroads: Thornwell Mutually. his assistant;
TREY L. Ford. general counsel for the street
railway corporation. and William M. Abbott
are linked with Ruef and Schmitz in four
teen indictments charging bribery. The at
torneys for these railroad officials are striv-
ing to invaHdate the gand jury.
JOlHcu Ill tIllS ilSill dEc 1<oulS NldSS' NlCt
president Of the Pacific States Telephone
Company; Eugene De Saba, John Martin
and Frank Drum, directors Of the San Fran
cisco Gas and Electric Company. and G. H.
Umbzen, w. 1. Brobeck and j. Green, in
terested promoters in the Parkside Realty
Company. All are charged with having
corrupted the supervisors In the interests
of the corporations which they represent.
One Of the foremost figures in the fight now
being made is Dephin M. Delmas. the at
torney who conducted the defense Of Harry
K. Thaw, and who is now retained to de-
fend Louis Glass Of the telephone trust.
Abraham Ruef, the arch-grafter, who has
confessed to his bribe-giving and brfbe-tak-
ing operations, is going through the formal
ity of fighting indictments in the United
railways, telephone trust and Parkside
matters. Ruef has already confessed to the
grand jury regarding the part he played in
these corrupt transactions. and 1t was prin-
cipally upon his confession that the indict-
ments against the millionaire corporation
officials were based. So his plea of mot
guilty" to these indictments is in the ma
ture of farce.