New-York tribune., 1907-06-19
SCHMITZ WON'T DOWN.
Insists That He Is Still Mayor Of
San Francisco.

San Francisco. June 1S.-Supervisor James l.,
Gallagher, yesterday appointed Acting Mayor in
place Of Eugene Schmtz. who is confined in the
county jail awaiting sentence for extOrtion, will
be retained in that Office until Schmitz has per-
fected his appeal from last weeks conviction,
according to a statement made to-n1ght hy
District Attorney Langdon who added:
The members of the prosecution have not even
discussed with each other the name of any man
to succeed Gallagher as emergency Mayor for the
remainder of the year We are proceeding care
fully. and with due regard to the seriousness OF
the situation. | am not ready yet to answer WIN
n detailed plan the question will we sweep out
of office the entire Schmitz administrations but
| will say this; We have shaped. and fill
ing IN. the body of a policy whose one and only
object is prompt and effectual relief for the pub
kc, and we shall permit nothing to interfere with
the carrying forward Of that policy
We do not fear any counter moves by the Mayor
counsel We fully advised of the law. and
have entire confidence in the legality of the step
We have already caused to be taken, and the e-
gality of the further steps purpose taking when
Mr.. Schmtz has perfected his appeal
SChmitZ this afternoon. after long confer
ence with his attorneys. addressed to the Board
of Supervisors letter rebUking them for the
action of yesterday. The body of the state-
ment follows:
Seeing in this mornings papers statement
10 the effect that your honorable body at your
meeting yesterday decreed that was temporarily
unable TO perform my duties as Mayor by reason
of my detention in the custody of the Sheriff OF
San Francisco and therefore appointed James CAL
lagher as acting Mayor. l hereby notify you that
| am not unable unwilling to perform the duties
required of Mayor Of the city and county OF
San Francisco, but Will continue to do
This action by your honorable body clearly de
monstrates the truth of the statement made just
after my return from Europe. that politicians and
politics alone We're behind the prosecution, and
your action is the first step toward securing con
troll Of the municipal government in order that val
liable franchises may be given TO the wieder of
the big stick" Rudolph SpreCkes. and other val
liable privileges accorded to those who have
operated with him in his endeavor to purify 90
this city.
also wish 10 notify you that any action taken
by Mr.. Gallagher in the capacity of acting Mayor
will be null and void, and will, by the CompliCa-
tions it will cause do great injury to the city.
demand that you send to my office all matters
the opportunity of inspecting them and of APP
proving or disappearing them.
further notify you that, far this Is pos
sible, intend to supervise the work being done by
the different departments. and In fact, all such
matters may be necessary for me rs Mayor 50
TO do.
Supervisor Gallagher made no attempt to-day
to take possession of the Mayors office at Post
place A police sergeant was at the door all day,
and his instructions were to that one
croached on the premises. The sergeant admit
ted that should Gallagher attempt 10 establish
himself in Schmitzs Office he would use force, If
necessary. in throwing him out" Gallagher
says he has had no use yet for the Office Post
and Franklin streets.
He says that for the present the Mayors Of
flee is wherever he happens to be