Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1908-01-10
SCHNITZ CASE IS REVERSED
Court of Appeals Sets Aside Judgment
in French Restaurant Case.
EXPORTING FEES IS NOT CRIME
LIQUOR License Not Property and
Threat to withhold IL or Take
Money for Not Doing So Not
violation of Law.

SAN FRANCISCO. Jan 9-The district
court Of appeals today handed down de-
cision setting aside the judgment in the
case Of former Mayor Eugene T. Schmitz
convicted Of extortion in the French res
taurant cases. Abe Reuf 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 re-
versed the judgment against Schmtz on
the ground that no acts constituting a
crime had been proved against him. Abe
Ruef who pleaded guilty to extorting
money from the French restaurants, is
therefore equally guiltless.
Points in the Decision.
The gist of that portion Of the decision
relating to the allegation that there was
no threat to injure property is contained
in the following sentence;
| There is no allegation as TO any threat
| to injure any business i'm direct terms. but
only the threat to prevent the parties from
]
a license to sell liquor is not property
/ i'm the ordinary sense Of the word, says the
court.
| In treating of the second contention OF
schmitz's attorneys that there was no
threat to do unlawful injury the court de-
clares that;
We are clearly of the opinion that the
indictment is insufficient because it does
not allege OF show that the specific injury
| threatened was an unlawful injury" II
is not an unlawful act, reasons the court
to threaten to hold up the licenses Of the
| restaurant keepers or actually to do so.
ANY one" reads the decision, has the
right to go before the Board OF Police
Commissioners, II that body will hear him
and object TO the granting of license tc
sell liquors to a person who is keeping q
place in violation OF the law. He has the
right to threaten to do so. He would no
be morally justified in obtaining money tC
induce him not TO carry out his threat bu
IL he did receive money under such circum
stances he would not come within the pro
visions of the statute 1t is necessary t
crimes to allege that the act was unlaw
full"
The concluding paragraph of the decision
reads as follows:
Many other questions are discussed a
to refusing certain instructions asked b,
the defendant and as to the insufficienc,
Of the evidence TO justify the verdict bu
in view Of the holding as to the indictmen
il would serve no useful purpose to dis
cuss them. The Judgment and order ar
reversed and the trial court is directed t
sustain the demurrer to the Indictment an
to discharge the defendant as to such in
!. dictments."
Wipes Out French Cases.
The decision wipes out the French res
taurant cases and pending charges Of eS
tortion against schmitz and Ruef must b
dismissed Both are now entitled TO re
J lease on bail. II they obtain the neces
sary bondsmcn they can remain at libert
until such time as a jury finds ther
guilty on one OF the indictments chargin
them with receiving bribes from corpors
tions. Owing to the number of case
against them the bail figured at $4,000
case would reach an enormous figure.
The Judges of the court which rendere
the decision in favor OF Schniitz and Rut
; are ]. A. Cooper, Frank II. Kerrigan an
Samuel p. Hall.
The news Of the decision of the appellat
court declaring the Indictment OF ex-MayC
. Schmitz for extortion invalid spread rapid
over the city, causing CONSERVATION
, some quarters and delight In others. tt
= effect of the decision will be immediate r.
s lease OF Schmitz from the county ia
where he has been confined since his col
= victon on the charge of extortion in II
: I French restaurant cases
: District Attorney Langdon said Schmi
and Ruef will be prosecuted on 9TH
counts that are public offenses. Langdc
n -, aFf
= noon and will probably decide upon son
! liDa of action