Los Angeles herald., 1908-01-11
IS GRAFT LAWFUL?
mHAr historic infamy, the Sal

Cruz convention of the Republican
- party of California at which James
N. Gfllett was named for governor, like
the ghost of Banquo, will not down.
Hardly a day elapses but the people of
California are reminded of it in one
way or another. The latest reminder
comes in the form of disclosures regard
ing the relationship and other intimate
association of the members of the appel
late court which has decided that the
Ruef brand of extortion is no crime
and the political side partners Of Ruef
and Schmitz.
The district court of appeals has
declared, almost in so many words, that
the sort of graft for which Schmitz
was sent to Jail and of which Ruef
pleaded guilty is an enterprise in which
the people of the state may engage with
perfect impunity. While it is not likely
that the justices Of this court were in
any wise whatsoever Influenced by the
relationship which any of them bear to
certain individuals whose efforts have
been bent, during the past year or
more, toward preventing the punish
ment, first of Ruef, then of Schmitz,
then of Louis Glass and Tirey L. Ford,
and who are losing no time and aban-
doning no labor in the munificent
undertaking of attempting to save the
state from the expense of prosecuting
one Patrick Calhoun, who is believed
by few persons, here and there, to
have been in some measure mixed up
in the trolley franchise scandal in San
Francisco-while these justices were
able to cast aside their prejudices, un-
doubtedly, and decide the matter before
them as just judges, whether nominted
by a $4,000 convention or a $1,000,000
convention, it is interesting, neverthe-
less, to make a note of their relation
ship to the friends of the grafters.
The judges of this court are Frank H.
Kerrigan, Samuel p. Hall and James A.
Cooper. Judge Kerrigan-who, by the
way, occupied a conspicuous position
at that famous Ruef-Gillett dinner
married a daughter of James McNab,
brother of Gavin McNab, the present
political boss of San Francisco. Nc
Nab's love for the graft prosecution is
of that variety which demands that
Heney and his associates shall make no
further sacrifices of time and labor in
behalf of the people. Judge Cooper,
Gavin McNab and w. l. Brobeck mar
ried sisters. Brobeck was indicted by
the Oliver grand jury for participation
in the Parkside bribery case. Judge
Hall is a brother-ln-law of A. A. Moore
of the counsel for Tirey L. Ford and
Patrick Calhoun.
At this juncture it may not be inap
propriate, nor entirely ineffective, to
quote from a reported interview with
Judge Dunno of the superior court,
before whom Schmitz was convicted
and Ruef pleaded guilty. In discussing
the remarkable action of the appellate
court this high-minded and fearless
judge declared:
''It is to be regretted that the hearing
of this appeal came up before a court
whose members have relatives and inti-
mate friends against whom many in
dictments were returned by the grand
jury that returned these true bills. In
/ view OI ILGSG IdCtSB L QO llOl DGllCNC lAlO
court was in the proper frame Of mind
to give this matter an impartial con-
sideration and decide 1t strictly upon it's
merits. The jury which returned
this verdict. in accordance with the evil
dence and law, will be remembered with
respect and honor in the community
long after the court which set aside the
verdict has been lost and forgotten"
The subject may receive further
illumination by directing attention to
the fact that the appeal of Schmitz In
full was not submitted to the court
until Wednesday, and that within fif-
teen hours the voluminous decision,
containing about 10000 words, was
handed down from the bench!
The direct outcome of the decision of
this court will be a little longer delay
in the attainment of success by the
prosecution and that is about all.
Schmitz and Ruef will enjoy temporary
freedom, if they can secure the bail
demanded Those who have been
encouraging Spreckels and Heney need
not be discouraged. There Is nothing
whatever that should dishearten them.
There are a large number of indict-
ments hanging over the heads of these
two men, and over Calhoun, to insure
their conviction if they or any of them
are guilty of any of the charges against
them, as the great majority of people
believe Ruef has become festive and
cocky; Schmitz' nerve has returned,
But the jaw of Langdon, the flush on
Heney's face and the long pocketbook
of Spreckels-don't forget these ele-
ments which enter into the situation.
Schmitz and Ruef are doomed; Call
houn will go TO prison. And then
well, people of California, you who have
watched the career of Francis ]. Heney
will need no other word of encourage
ment. Justice must prevail in the end.