New-York tribune., 1908-01-12
ON THE PACIFIC SLOPE.
Schmitz Decision Hard Blo5C to
Graft Prosecution.
rRv TeIsgranh % IN. Tribun.. J

San Francisco. Jan 1.-THE decision OF the Ap-
peIIate Court reversing the Judgment in the case
Of former Mayor Schmtz IS a heavy blow 70 tho
graft prosecution il Is a strictly legal inrerprs
tation OF many questions that the general public
regarded settled Thus the Appellate Courts holds
that there was no extortton IN the hold-Up OF the
French restaurant keepers by Ruef and Schmitz
because the liquor licenses. which were the vital
point in the whole affair. are not property in
the strict Interpretation Of the statutes The de-
ctsion goes on to say that licenses not prop
erty threats to take them away are not threats TO
commit unlawful acts.
Every one who has followed these cases knows.
however, that Ruet and Sccritz used their Official
positions to extOrt money from the French restau-
rant keepers They held in their power the grant
ing or Withholding OS licenses and without licenses
the French restaurants could do business
Hence these restaurant men paid what Ruef de-
manded and Ruef and Schmitz divided the pro-
ceeds On this testimony SchTnitz was convicted
The decision OF the Appellate Court will not pre-
vent Heney from going on with his graft cases,
but IL hurts his prestige
Mayor TayIor's appointments OF commissioners
this week have demonstrated again that he Is
looking the interests OF the city and not Tor
any political party. From the important PUBLIC
Works Commission he removed Alselttger, a pro-
fessionaI politician. and put in his place thares
Austin Dav a young contractor. who has shown
conspicuous ability As Civil Service Commissioners
he has replaced E. F. Moran, close friend OF for
mer Mayor Schmitz. with Matthew Brady, well
known lawyer. A park commissioners he ap-
pointed former Mayor James D. Phelan, one OF the
most competent IN the city, and reappOinted
Reuben H. Lloyd. who was removed by Mayor
Schmtz because he refused TO submit 70 Schnnitzs
grating methods As School Director the Mayor
appointed Joseph OConnor, principal OF the Mis-
sion High School. who has been connected with the
public schools for thirty years and who Is noted
for his executive ability and good common sense
For Fire Commissioner he named Bernard Faymon-
T--gH-
Company. who saved that company from failure
and has built up big business since the disaster
These commissioners may make mistakes. but they
are considered honest efficient and eager TO work
for the best interests OF the city, that there viii
be scandals waste Of public funds
The sudden death OF former Supervisor Thomas
Lonergan will compel the graft prosecution 70 get
a new witness from among the boodlins super
visors Lonergan used by Heney as a witness
in the two Ford trials prove the payment OF
bribes. He a bakery wagon driver when Rlet
picked him out a good, serviceable supsrvisoT
When Lonergan saw money coming in by HUNDREDS
of dollars he lost his head and began to work
gratis for himself. In this he was caught BY
Burns the detective. and immunity was promised
to him if he would serve witness.
A lot in Market street, near Eth street -as
sold this week at a trife less than 81 80 fron.
s21s by 124 feet. running back to Steven
street. The name Of the purchaser Is rot
given but the property aOlOlnS large lot DO1sLA-
Just before the fire by the Sierra Investment COM
pany in which William n. Crocke" Is interested
1t was purposed then TO build a large hotel oc
the lot.
Though the streetcar strike IS still declared 20 %
on by the labor council, over FIVE hundred of
the old employees applied this week TO the United
Railways for positions Many could not be en-
gagged as the financial stringenCy has thrown hun
dreds out of employment. and streetcar positions
have hasU
refuses 70 take back any Of its old employees who
were conspicuous in the strike.
A wealthy British company IS preparing TO de-
yeIOp bOrax a large scale in Death VALLEY. al
industry which for years has been monopOlized oy
A. NJ Smith. whose twenty-mule teams have tur-
nished a good advertising feature The company
has bought the Palm BoTate Company or Los
Angeles which has bOraX mine in the heart OF
Death Valley with two million tons or oOrats
of lime exposed. The company will build larss
works Dagsett. and viii move the product
through pipe lines instead OF by mule team
The Cisco Hotel. near the summit OF the sieFa
Nevada Mountains. destroyed By FIRE ta'