Los Angeles herald., 1907-06-21
SCHM|Tz IS |LL;
ASKS FOR BAIL
Continued from Page Onel
iscretion in admitting the petitioner

NCOnuuueu from FaKe Oneb
discretion in admitting the petitioner
to bail.
Text of Petition
The habeas corpus petition recites in
part as follows:
THAT Eugene e. Schmitz is unlaw-
fully imprisoned, detained, confined
and restrained of his liberty by Thomas
f. O'Neil, sheriff, in the county Jail of
San Francisco; that the $4,000 bail ur-
der which he was at liberty during his
trial is still in full force and effect;
that sentence has not been passed; that
the superior court has denied appli-
cation for bail; that your petitioner is
ady and 9 BILE and willing willing, and hereby
offers to give further bail in any rea-
sonable amount to secure his appear
ance for judgment and sentence; that
section 1166 of the penal code, under
which the mayor was by Judge Dunno
ordered into custody, is demonstrations
al and violates that article of the con-
stitution of the United States which
provides that no person shall be de-
prived of his liberty without due pro-
cess of law; and is violative of that
article of the state constitution which
provides that all persons shall be bail
able by sufficient sureties, except for
capital offenses when the D. of is evil
dent or the presumption great"
The petition from this point pro-
ceeds upon Vigorous attack on the
alleged domination of the bribery
graft prosecution by Rudolph Spreck-
els, whose guaranty of a fund of $780,
900 was the first step in the municipal
investigation. The application AYERS
that 1.-The board of supervisors is now
and for long time has been under the
complete control and domination of
certain private interests represented by
one Rudolph Spreckels, ]. ]. Dwyer,
president of the independence league,
and others; that said control is exer-
cised in the following manner, to wit:
Sprekels, Dwyer and other persons as
sociated with them have secured the
| cooperation of the district attorney in
| their plans to secure full political con-
| troll of the affairs of San Francisco, and
| to this end have employed detectives
who have secured from sixteen of the
members of the board of supervisors
written confessions of the guilt of GER
tain felonies, to wit: Bribery.
Immunity offered
"By means of these confessions and
| promises of immunity given to each of
! the sixteen members. the latter have
been continued in office and compelled
| to do and are now doing the bidding
and carrying out the will of private
persons represented by Spreckels,
Dwyer and Others
For the purpose of securing further
control of the affairs of San Francisco
and to usurp the office of mayor, said
private persons exercising the coercive
power aforesaid over the said sixteen
| supervisors have compelled the board
| of supervisors to declare Mayor
| Schmitz incapacitated from duty and to
appoint Supervisor James L. Gallagher
acting mayor. Said Gallagher is one
of the supervisors who has confessed in
writing the commission of many felonies
and over whom the said private inter-
ests hold and exercise coercive in
f1uence.
'It is the announced intention of said
| private interests represented by
Spreckels Dwyer and others, to force
and compel Gallagher as the pretended
mayor, to attempt to remove all COM
missioners, heads of departments and
other appointive officers of the city and
county, and to appoint others in their
stead who will attempt to exercise the
rights, duties and functions of said Off
GERS, but the officers whom Gallagher
! will attempt to remove will not sur
render their office to the appointees of
Gallagher, but will continue to hold
said office and exercise the rights and
duties thereof.
"By such means, arbitrary illegal
and revolutionary, Spreckels, Dwyer
and others, representing private inter
ests, intend to usurp the functions OF
government and displace the regularly
selected and appointed officeholders;
said action will result in a conflict oi
authority and confusion and endless
litigation, and will bring about a state