Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1908-01-16
RUFF the CENTRAL FIGURE
He Maintalns That He Can Give Bond
for Any Amount Needed
JEW Bail for sehmitz
Also.


day night by one Of the attorney
for Schmitz that application for hi
release on ball would be made Satur
day morning.
1t developed during the day thai
counsel for Schmitz and Ruef and the
district attorneys Office has disagreed
on whether or not the Judgment Of
the appellate court can be effective al
once or not until 30 days after the
decision was handed down. The de
tense maintains that under a statute
passed in 1906 a remittitur must be
sent down by the higher court forth.
WITH" which, as pointed out by the
prosecution, 10 In direct conflict with
the constitutional provision that judg-
ment cannot go into effect or q re-
mittitur be sent down until after 80
days, except with the consent Of the
people.
Another question over which there
Is a difference Of opinion between the
lawyers for the two sides Is: Wheth.
err or not Schmitz's bond Of $3.50, 200
was exonerated when he was convict
ed, II held by the court that 1t was
not, the former mayor will only have
to put up an additional bond for the
bail upon the nine prizefght trust
indictments returned by the Oliver
grand jury just before 1t was dis
charged last month.
Some of the members of the prose
cution declared Friday night that
Schmitz's application for bail will be
refused on the ground that no remitti-
tur has been returned by the appel
late court and that offlcially the trial
court is not aware Of the reversal.
Should a remittitur be sent down, 1t
was said that Its legality would be
attacked. It was also asserted that
the prosecution will not ask the Sp-
pellate court for rehearing Of the
appeal or take an appeal from its de-
cision to the supreme court
Ruef stated Friday that he could
give bail in any amount within rea-
ION and this led to the inference that
his conference with the district at
orney had to do with agreeing upon
! reduction from the total Of $1,170,00O
liked on the 100 odd indictments
lgainst him.
1t developed Friday that the appeal
Il Schmitz in full was not submitted
Q the appellate court until Wednes-
lay, the day that what was left to
he Schmitz administration went out |
4 office and that Ruef was sent to
he county jail and that the follow
ng day before noon the voluminous
ecision, covering 80 typewriter |
ages and containing about 10000
lords was handed down.
San Francisco, jan, 10.-The dis.
riot court Of appeals handed down
decision Thursday setting aside the
Judgement in the case Of former May
r Eugene 2. Schmitz, convicted OF
xtortion in the French restaurant
asses. Abe Ruef also benefits by the
uling Of the upper court, for, accord
lg to Its decision, he pleaded guilty
an act that was no offense against
be laws of the state.
According to the appellate judges,
he compelling Of French restaurants
} pay big fees" to Abe Ruef was not
crime, even though Ruef divided the
fees" with the mayor.
After discussing the point the court
sversed the judgment against Mayor
chmitz, on the grounds that no act
crime had been proved
gainst him. Abe Ruef who pleaded
nilty to extorting money from the
rench restaurants is therefore equal
guiltless.
The decision wipes out the French
'staurant cases and pending charges
extortion against Schmitz and Ruef
ust be dismissed. Both are now en-
tied to release on bail. II they OBJ.
In the necessary bondsmen they can
main at liberty until such time as
ny finds them guilty on one Of the
dictments charging them with re-
living brides from corporations. ow-
& to the number Of cases against
em the bail. figured at $4,000 a
Ise, would reach an enormous figure.
be judges Of the court which rem
red the decision in favor Of schmitE
ID Ruef are J. A. Cooper. Frank H.
errigan and Samuel P. Hail.
District Attorney Langdon said
ihmitz and Rpef win be prosecuted
other indictments that are public
lenses Langdon and Heney were In
Thursday afternoon to
eide upon come line Of action.
The deeisluh vi have the eject Of
validating the other four indict
snts charging sehmltz as ven as
lef with extortion and renders vold !
plea Of guilty made 81 Ruef a.
. appellate court held that no crime (.
. committed. By tbs reversal n
fssrea that thb presenter hrs
4 ne holf upoa Ruef ana X vas +
'elT predicted i1al ia1 Iofrsr =
'r'l o,1t rt1i, ccT .1fnrs aH rfll