Omaha daily bee., 1907-06-15
SCHNITZ DEPRIVED OF POWER
Mayor Of San Francisco So in Name
Only Since Conviction.
STATUTE MAKES SUCH PROVISION
Supervisor Gallagher, as Chairman of
Finance Committee, Becomes Act
ing H1ecutfve-Prose-
cutort I'm Control.
STATUTE MAKES SUCH PROVISION

SAN FRANCISCO. June 4.-According
70 a statement MADE today sy Acting Dis
trict Attorney Hsney Eugene Z. sohmitz,
being convicted. becomes mayor ia nan
only. Though unable 20 perform the c. -
OF his of3ce under the law of CAY :
Schulftz, II Is said, still retains n ~ ="
4 few years ago q law was NNS.on
the statute books Of the state tn coz
victed person could not be ousteu from
once until such conviction had been up-
held by q higher court As cases move
slowly on appeal 81 is considered likely
that the higher court vould not pass upon
this matter untn after the mayors term Of
Office has expired.
Under the charter. however. schmitz, by
reason Of his confinement in prison, should
he be sent there. would be unable 10 per
form the duties OF his once Under the
+ circumstances the supervisors have no
power 10 Gust him. hut must select some
one Of their number 10 act Hs mayor dur
ing Schritz' disability. As chairman Of
the finance committee OF the board, Gal
lRgher would become acting mayor, leaving
Z the government practically IN the hands OF
/ the prosecutors, who. while they may not
! be empowered 70 install new officers may
succeed IN effecting extensive reforms in
the civil government.
JudEe Orders HIN 20 jail.
/ Mayor Eugene E. sohruitz asked Judge
Dunno today TO release him on bail until
] sentence is pronounced on Thursday, June
= The request was neither granted nor
denied. bot the court intimsted that the
mayor. like any other convicted criminal.
should be locked up IN jail.
/ Formal application for bail was made by
schmitz's attorney. Mr.. Campbell Judge
Dunno denied the application and directed
that Schruitz be taken TO jail
Schmit1 Found Guilty.
Z SAN FRANCISCO. Cal. June IA jury
Of twelve Of his peers has declared Mayor
Eugene Z. schmitz guilty OF the crime Of
eKtortion as charged against him 10y the
Oliver grand jury.
The jury returned q verdict at 7:3 last
night after being out just one hour and thtr-
ty-hve minutes. They elected Charles Z.
CRpp foreman. and at once proceeded 10 an
informal ballot. This was cast verbally and
stood eleven for couvictiOn one for ac-
uutttal, Juror Burns, 8 shoemaker, casting
the dissenting vote. He stated aftervard
that he had misunderstood the instruction
of the court on forms Of verdict submitted,
Then the twelve men began a discussion
an hour. At the end Of that time the first
formal ballot was cast Il was 8 written
ballot and wns unanimous for conviction
Even before Judge Dunno reached the
synsGoguA. hurried thitheT by an auto
bile nearly Loo men had gathered in Bush
street and were ciamoring at the doors 10
be let In. They were kept out until the
twelve men had been brought in and seated
Judge Dunno took the bench at once.
AfLer the jury had been poIled and al
had answered present, announced that the
defendant had been found guilty.
Verdict II Popular.
The silence was broken in q hundred
places al once. like wave draining from
the rocks. A long-drswn An ran
through the crowd. Then good" cried
voice in q far corner. and good, good. q"
echoed another spectator farther in front
Rudolph Spree cls. whose wealth made pos
sible the whole hribe-grsft prosecution. was
walking swiftly down the right aisle as the
sentence fell from the foremHn's lips He
sank into a nearby seat as though arrested
by some sharp. command
All over the mouse people were jumping
" nov, and some OF them turned 10 the
strangers al their elbows and thrust out
their hands In the enthusiasm Of long
looked-for moment. and said: shake"
The sheriff viii take the defendant into
custody pending the further order Of the
court" said the Judge, who arose abruptly
and quit the bench.
Mayer Schmitz al first declined 70 make
any statement, but later, by the advice Of
his attorneys. he dictated the following
statement to the Associated Press
No matter what the decision Of the jury,
which was gotten under most adverse cir
curnstances. regarding myself Etil main
tain and affirm that ] am absolutely tnnO-
cent Of the crime charged and viii nEht the
case TO the last resort ! said before my
trial I did not expect. nor did ! receive fair
or even decent treatment al the hands Of
Judge Dunno and realizing his prejudice,
made every effort 70 have the case trans
, fsrred 70 any other Judge n the state
90 not take this as g defeat and the de-
ciEion makes me AL the more determined
10 seek and secure justice In another court
The mayor Will be a prisoner tonight
but viii apply for bail pending an appeal
when court eOnvenes at 10 o'clock tomOr-
row morning.