Amador ledger., 1908-01-17
RUFF AND soHMITz DECISION.

The appellate has nulli6ed the Schmitz and Ruef
Judgments convicted French restaurant
cases. and orders the trial court to sustain the demurrer
the Indictment This MEANS trial of these cases,
but the dismissal of all the extoron indictments against the
accusedfve against each defendant While the decision of
the cites long list of the part of the trial
which sufficiently preudicia the defendants
have warranted reversal and order for trials the fatal
defect is held be that the indictments did charge 1.-THE
crime of eortion within the meaning of the What
Ruef and Schmitz did, rather charged with doing in
accepting money in the cited did constitute
ton defined by the penal code Schmtz convicted by
trial jury, mainly the testimony of his confessed partner
Rue Ruef pleaded guilty alleged promise of immu-
nifty And yet his admission of guilt well the verdict
of the jury in the Schm case, nufed by the decision of
higher court 1t is solar pexus blow for the graft prose-
cution Practically says if the doings Ruef and Schmz
really amounted extoon the prosecuting officers were
sufficiently posted in the law to frame indictments that
would stick
great howl has gone up side of the prosecu
on against the appellate for this decision
has largely joined the chorus also the trial udgeDunne
has had his fling at the judges whose appended o
the decision His published with bad
and show him to be anything but the fairminded al
judge is supposed to be- number of attorneys doubt
moved get in the popular side they think take
shot the appellate court and few pupeers have shaped
their gospel talks in the direction. But the sober
judgment of the thoughtful cannot do otherwise than
of the decision is convincing unbiased mind The
court of appeal has been instituted for the very purpose of
safeguarding the rights of the defendant 1t their business
interpret the law they find it. No doubt Ruef and
Schmz committed moral wrong in bleeding the restaurant
they did, but the law does brand their conduct
crime the higher judges would have been their
oath had they failed aside the verdicts Few will pre-
tend uphold Ruef Schmitz in their nefarous work
They criminals in spirit and there ought be- if there
is not, law to reach such methods by fair and
impartial trial That Schmiz accorded such trial
is evident from the decision of the appellate and this
fact alone regardless of the merits of the otherwise will
incline public opinion support the judgment of reversal
The of the graft prosecution throughout has been
marked by the grosses folly and that putting mildly
People who have sympathy with any of the group of evil
doers and would like every guilty punished
cordng his deserts getting weary of the whole wretch
ed business They begin to fear that the precedents laid
down by the prosecution much to good
the reign of graft itself The acceptance of nan
ca aid from private sources thereby creating of part
neshp between the government and private Individuals the
immunity granted conessedy brbed pnblc
wants. with the privilege of keeping their goen wealth on
condition that they aid the prosecution in its efforts to land
in Jail others against whom the officials their financial
backers have especial grudge not examples
of civic righteousness that command approval of citizens
generally They have the earmarks of prostitution of the
machinery of justice which Heney and Langdon
from the public mind 1t is application of the doctrine
of doing evil accomplish good that should be oer