The Washington herald., 1908-01-26
CLOUD OYER JUSTICE
San Francisco Graft Cases
Cause Much Comment.
CHARGES COURT WITH BIAS
Judge of n Lower Tribunal Openly
Insinuates that the Family and
Political Relations of the Appellate
Judges Influenced Their Ruling in
Suits Against Ruef and ScbmitE.

San Francisco. Jan. 25-NOt since Abe
Ruef confessed 20 eXtortion before Su-
perior Judge Dunno has there been such
a sensation In the graft trials as that
caused by the District Court OF Appeal
IN reversing the conviction OF former
Mayor Schmitz Whatever light the re-
versal may be viewed in. Il offers a seri-
Gus delay. II no worse. TO the progress Of
the prosecution, seriously injuries public
confidence in the entire judiciary. and at
the same time has put hope into the scat
tered forces of the cOrruptOnists, a hope
for which the present chaotic state of the
political machinery Of the reform is in
part responsible.
The decision Of the higher court strikes
in all directions. II declares that the trial
judge, Judge Dunno. gave way TO some
what waspish temper during Schmitz s
trial and guided its course so as to de-
priye the defendant Of the full exercise
Of his rights. or. in other words that the
judge used his judicial powers 10 make
conviction certainty. But more impor-
tant is the dictum that Schmitz did not
commit an unlawful injury when he
ordered his police commissioners 10 take
away the liquor licenses from the notori-
Gus French restaurants of the pre-con-
flagration days since liquor licenses are
not property in the ordinary sense Of the
word" and that any one (RueD has
right to so before the police commission
TO protest against the issuance Of liquor
licenses 20 parties violating the law. and
may receive money for withdrawing his
charges without doing an unlawful act
within the meaning of the statute
1T is true" the decision reads. that
from a high standard of ethics IL could
not be claimed that one could extort
money by a threat to do a lawful act, IL
the intent was to get money by the use
Of the threat but every wrong is not
made a crime" In other words, the Ap-
pellate Court justifies Ruefs original de
Tense that he was never officially con-
nected with the government he held in
the palm Of his hand. and that his plead
ing for a renewal of the licenses Of the
notorious resorts was simply In his pri-
Vate capacity or attorney. However, the
fundamental reasons for the courts de-
cision lies I'm the failure Of the Indictment
TO charge that Schmitz committed an ''un-
lawful injury" The long attack on the
alleged errors and biased rulings of the
trial Judge and the discussion as to what
constitutes an unlawful act is thus not
only necessary, but decidedly out Of
place The decision fills nearly a page
and a half Of a newspaper.
Odd Legal Situation.
Apart from the intimate relations exist
ing between the appellate judges and GER
tain indicted millionaires. the decision
causes a curious tangle in another way.
Ruef pleaded guilty TO a joint crime that
in his partners (Schmitz 81 case is held
to be no crime at all. Schmitz. upon his
conviction for this crime that does not
exist, was Immediately deprived OF his
office of mayor by the Supreme Court of
California, which is superior to the Ap-
pellate Court Judge Dunno has now vio-
lated the ethics Of the bench In state
ment given to the press severely CRITICS.
ing the action OF the court above him.
Ruef. encouraged by the decision, has re-
fused to act as a witness against the mil
lionaires unless granted complete immuni-
ty. The millionaires are prepared to say
that they merely paid the Doodle to Ruef
In his capacity of attorney Coincident
with this, Mayor Taylor. instead OF clean
ing out his political foe to make room
for the politicians interested in reform.
has done nothing more than fill vacan-
cies as they occurred with the new year,
making his selections solely as to fitness,
without the least regard to political serv-
ice. Thus the horde that promised them
selves plums are longing for another
leader of the RUef type. who can deliver
the goods; while the ignorant masses who
confuse coincidence with cause, talk of
the good old days when Schmitz was
mayor and money was as free as water.
The utterance Of Judge Dunno, that
caused as much of sensation in a way
as the decision itself, IS in the opening
sentence of one of his statements: TT is
greatly TO be regretted. in the cause OF
fairness, honesty, and justice. that this
case was heard on appeal before a court
whose members are closely related to
SOME OF the defendants in the graft cases
against whom the same grand jury which