Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1908-01-14
GOOD OUT OF BAD

ana PAD morals. Inc CAL says that
while the action of the court may have
been a shock to the prosecution, "the
recovery was quick, and the business
Of doing over again what the appeal
court has undone is already in hand.
PROFESSIONALLY the secondary and
larger. effect Of the decision, once it is
understood by the people, will be a re-
vival of interest in the prosecution and
a renewal of its popular support" Con-
tinuing this paper declares:
even the lay mind is competent to
reach the conclusion that this decision
is bad law, bad logic and bad morals.
1t is so partisan document, so full of
evidence of prejudice, that the public
can understand, even if it does not
approve, the bitterness of the trial
judge, who does not hesitate to de-
nounce it and to attribute it to the
private and personal relationships of
the appellate justices. That criticism
is, however, OF less Importance than
that which the great majority of the
community will make-a criticism that
need not go beyond the text Of the de-
cision. This criticism runs against the
seventh and final section of the de-
cision, in which will be found blum
dering admission that the other six
seventies of the decision is either idle
superHuity or else subtly purposeful.
Many other questions, says the de-
cision, are discussed as to refusing
certain instructions asked by defendant,
and as to the insuff1ciency of the evil
dence to justify the verdict, but in
view of the holding as to the indict-
ment it would serve no useful purpose
to discuss them
How, then. about the preceding six
sections of the decision that deal with
those actions and rulings of the trial
judge held by the upper court to be
errors? Why was so much Of the
courts time given to showing the tech
nical mistakes of the court below, If
all the time the appeal court had in its
mind the judgment that the indictment
was insufficient and intended to order
it quashed?
"The criticism of the public Will be
directed to the seventh section of the
opinion. To layman and lawyer alike
it must be plain that if this decision
were a correct Interpretation of the
law, then there could not be in prac-
tice such a crime as extortion by means
of fear, induced by a threat to do un-
lawful injury to the = 3 property
of the person threatened. If this de-
cision be sound law, then any commits
sioner, chief or officer of police may
with impunity wiring tribute from the
keepers of places inhabited or fire.
quented by lewd persons or from the
keepers of saloons or other public
places that profit by violation of any
statute or ordinance. =
"In the view of the appellate judges it
would not be extortion if newspaper
found out that corporation was maxi
ing money by violating the law and
turned that knowledge into money by
threatening to expose the corporation
unless it handed over share of the
profits. So, to carry the argument of
the court only trife further, it would
not be extortion or blackmail if pri-
| NellV 0GNCCLlNC lOlNtO oil AlAS NAIC VI
husband to pay him money by threats
of exposing her or him to the one de-
ceived or to the police.
FINALLY, it is to be observed that
the appeal court goes the whole hog
1t does not reverse the judgment and
remand the cause for a new trial; It
reverses and dismisses. A trial judge
| snI 20 +I,a
grand jury in order to cure its defects
and thus keep the defendant from
escaping by sheer technicality trial on
it's subject matter. Should he dismiss
the defendant because Of defects in the
grand jury's accusation, there is an end
of inquiry into trial on that charge.
Here the appeal judges, it would seem,
usurp the function of the lower court,
commanding it to dismiss altogether"
The Call has made a most careful
analysis of the decision. 1t has made
it plain, from the laymans viewpoint
though we surmise that this editorial
criticism was written by a man learned
in the law-that under this decision ex-
tortion of the most fragrant character
is permissible under the statutes of Cali
fornia, unless the decree of the appel
late court shall be reversed by the
higher tribunal. In this most of the
press of the state agree.
If it should finally be decided by
competent court that the laws of Call
fornia contain no provision making ex-
tortion of the kind which resulted in
the conviction of Schmltz and induced
Ruef to plead guilty crime, 1t is high
time that such law should be enacted.
Action along this line should be one of
the first matters taken up by the legis-
lature at its next session. Indeed some
he ye gone so far as to urge that Gov
ernor Gillett will receive the praise of
the whole people If he will call a spe-
cial session, that this very thing may
| be done now. But that is hardly neceS-
sary nor expedient. For, fortunately,
there are many other indictments on
which both Ruef and Schmitz may be
called into court and punished. These
indictments, or such of them as are
| deemed necessary to place both these
grafters in prison, will be pressed.
There is no doubt whatever about the
issue. on some Of the charges both
men will be adjudged guilty and pun
| ,-had Mo man Whoahas xnOwledge of