The Washington herald., 1908-03-26
A Distressing Failure of Justice.

The difficulty Of convicting and pun
ishing political grafters IS notorious.
When the lower courts can be got 10
convict, the higher courts only too fire.
quently reverse the verdict on some
quibble or other based on a narrow and
literal Interpretation Of the law favorable
to the defendant. Gov. Folk. when a
prosecuting attorney. succeeded in con
victing a number of unquestionabIy guilty
boodlers whose transactions he brought
to light out OF the dark places Of St
Louis politics Probably most people
have forgotten that all these boodlers
were released by higher court. which.
though admitting their guilt. reversed
the verdicts for technical reasons of the
fiimsiest character. The latest and
most flagrant example Of this sort OF
justice is afforded by the decision Of the
Supreme Court of California releasing
Eugene E. Sehmitz. the former mayor Of
San Francisco. That decision NAV be
as lawyers say technically correct. it's
legal logic may be hawless. yet Il is A
mere travesty Of justice. and its moral
influence is Of the most deplorable char
acter.
Schmltz was indicted for extorting mon
ey from certain resorts in San Francisco.
His method was to induce the police COM
mission to order the closing Of the resorts
or to threaten TO refuse licenses, which the
commission had a right TO do. The
keepers Of the resorts were then given
tip that It would be well TO retain
Abe kuef, then political boss. as their
attorney At Ruefs request the police
commission rescinded the orders 10 close
or granted the licenses. and Ruef di-
vided his fee with Schmitz But this was
not extortion. in the opinion of the Cali
fOrnia Supreme Court. because Schn1ifz
did not threaten to do an unlawful act
To threaten to commit a lawful act is
not extortion. according TO California law
As usual In these cases. fault is found
with the indictment. That paper did
not clearly ailege a crime; IL failed IN
state that schmitz was mayor Of San
Francisco, that Ruef was a political
boss, that the defendant threatened to
prevent the issuance OF the license bv
unlawful means, and not solelv by law
full and innocent persuasion and areu-
ment." The. presumption being in favor
of innocence. 'if the facts stated NAV
or may not constitute a crime. the pre-
sumption is that no crime is charged" In
ether words. although the man NAV be
guilty. the court will free him if plau-
sible technical reasons may be found for
letting him go.
The immediate effect of this unrighteous
decision was 10 dampen the ardor and
dash the hopes Of those who have been
trying for the past two years 10 clean
up municipal politics in San Francisco.
1t has given Schmitz an opportunity to
assert his ''vindication" and to pose as
a glcrified hero tried in the fire of or
deal. It has imbued his co-conspirator
against the public veal. Abe Ruef, with
fresh spirit to fight his prosecutors. be-
cause he now sees that it will be
impossible TO convict him. Graft has
been revived among the police, who are
extorting money from divekeepers and
gamblers, III the belief that. under the
Supreme Court decision, they are not
committing indietabIe crime. Corrupt
policemen reason that if they do es-
sentially the same things that Schmitz
and Ruef did. the courts will protect
them as they did the men higher IN
What shall we say OF the administration
of justice that protects and encourages
crime and ciscourages the efforts of pros
ecutors and good citizens to stamp ia
out?
1t may be asserted and with some