The Chanute times. [volume] (Chanute, Kan.) 1897-1913, 1908-01-17
IT WAS NO CRIME.
District Court of Appeals Sets Aside
Judgment Against Schmitz
and Ruef.
SAN FRANCISCO GRAF TIERS
May Now Be Released on Bail If They
Can Get Bondsmen-The Eff
feet on Ruef-Judge
DUNES Comment.

San Francisco, Jan. 1.-THE dis
trict court of appeals handed down
a decision Thursday setting aside the
judgment in the case of former May
or Eugene L. Schmitz, convicted of
eXtortion in the French restaurant
cases. Abe Ruef also benefits by the
ruling Of the upper court, for, accord
ing to its decision, he pleaded guilty
to an act that was no offense against
the laws of the state.
According to the appellate judges,
the compelling of French restaurants
to pay big fees" to Abe Ruef was not
a crime, even though Ruef divided the
fees" with the mayor.
After discussing the point the court
reversed the judgment against Mayor
Schmitz, on the grounds that no act
constituting a crime had been proved
against him. Abe Ruef who pleaded
guilty to extorting money from the
French restaurants is therefore equal
ly guiltless.
The decision wipes out the French
restaurant cases and pending charges
of eXtortion against Schmitz and Ruef
must be dismissed. Both are now en-
titled to release on bail. If they OBJ
tain the necessary bondsmen they can
remain at liberty until such time as a
jury finds them guilty on one of the
indictments charging them with re-
ceiving brides from corporations. Ow-
ing to the number of cases against
them the bail, figured at $4,000
case, would reach an enormous figure.
The judges of the court which rem
dered the decision in favor of Schmitz
and Ruef are ]. A. Cooper Frank H.
Kerrigan and Samuel p. Hall.
District Attorney Langdon said
Schmitz and Ruef will be prosecuted
on other indictments that are public
,offenses. Langdon and Heney were in
consultation Thursday afternoon to
decide upon some line of action.
The decision will have the effect of
the other four indict-
.ments charging Schmitz as weH as
.Ruef with extortion and renders void
the plea of guilty made by Ruef as
the appellate court held that no crime
was committed BY this reversal it
is feared that the prosecution has
lost its hold upon Ruef and it was
freely predicted that the former po
litical boss would now refuse all over
lures for immunity, wholly or in part,
to testify in the bribery graft cases
and fight every indictment.
There are still pending against Ruef
1875 indictments charging bribery, on
which the total bail is s1,170,000, and
:Schmitz would have to get bonds for
$780, 900 on the 40 indictments that
remain against him to secure his
liberty.
Superior Judge Dunno, before whom
Schmitz was convicted Thursday
night, said:
1T is to be regretted that the hear
ing of this appeal came up before a
court whose members have relatives
and intimate friends against whom
many indictments were returned by
the grand jury that returned these
true bills. In view of these facts,
do not believe that the court was in
the proper frame of mind to give this
matter an impartial consideration and
decide it strictly upon its merits.
am satisfied that the evidence and the
law sustained the judgment and the
verdict l will further say that the
Jury which returned this verdict in
accordance with the evidence and the
law, will be remembered with respect
and honor in the community long af-
ter the court which set aside the YER
dict has been forgotten"