The Fulton County news. [volume] (McConnellsburg, Pa.) 1899-current, 1908-01-16
A VICTORY FOR
MAYOR SCHMITz
Appellate Court Decides indictment
Defective.
MP. RUFF BENEFITS BY RULING.
According to the Opinion Of Judges
Of the District Court of Appeals
the Compelling Of French Res
taurants to Pay Fees" TO Abe
Ruef Was Not a Crime.

San Francisco Especially. = The
District Court of Appeals handed
down decision setting aside the
Judgment in the case OF former
Mayor Eugene e. Schmitz, convicted
of extortion in the French restaurant
case. Abe Ruef also benefits by the
ruling OF the upper court, for, ac-
cordinR to its decision, he pleaded
guilty to an act that was no onense
against the laws of the state.
According to the appellate Judges
the compelling OF French restaurants
to pay fees to Abe Ruef was not
crime, even though Ruef divided
the fees" with the Mayor. After
discussing the point, the court re-
versed the judgment against Schmitz
on the ground that no acts constr.
tuting a crime has been proved
aaginst him. Abe Ruef. who plead
ed guilty to extorting money from
the French restaurants, is, therefore,
equally guiltless.
In passing upon the legality OF the
Indictment the Appellate Court said:
1.-THE indictment Is claimed 10 De
invalid for two reasons:
First, that II does not allege any
threat to injure property, and second,
II does not allege that the threat was
to do an unlawful injury.
There is no allegation as to any
threat to injure any business in di-
rect terms, but only the threat to pre-
vent the parties from obtaining q
license to sell liquor"
A license to sell liquor is not prop
erty in the ordinary sense OF the
word says the court.
Commenting on the second conten-
tion of Schmitz's attorneys, that this
was no threat to do unlawful injury,
the court declared that: 1--WE are
clearly of the opinion that the indict-
ment is insufficient. as it does not al
lege nor show that the specific In
| jury threatened was an unlawful in
| jury"
1t is not an unlawful act, reasons
the court. to threaten to hold up the
licenses of the restaurant-keeper oil
actually to do so.
The decision wipes out the French
restaurant cases and pending charges
of extortion against Schmitz and Ruef
must be dismissed.
|
on bail. If they obtain the necessary
| bondsmen they can remain at liberty
until such times as jury finds them
guilty on one of the indictments
charging them with receiving bribes
from corporations. Owing to the
number of cases against them the
bail, figured at $4,000 a case, would
reach an enormous figure.
Schmitz and Ruef cannot take ad-
vantage of the decision for so days
The prosecution has 20 days in which
to ask of rehearing. Then the Ap-
pellate Court will have 10 days to
consider the application. When that
is done the prosecution will &c
through the same procedure in the
Supreme Court, which will take tho
same length of time. Consequently
Schmitz and Reuf will still be KEEP,
in the county jail for two months al
least.
The news of thet decision of the
Appellate Court spread quickly ovei
the city, causing CONSERVATION II
some quarters and delight in others
District Attorney Langdon sale
Schmitz and Ruef will be prosecuted
on other indictments that are public
offenses.