The San Francisco call., 1909-01-17
WEBB ASKED TO
ASSUME CHARGE
IN SAN MATEO
Grand Jury Requests Attorney
General TO Displace County
Prosecutor
State Official Besought to Take
Charge of Investigation
in Progress
Inquisitors Declare District At
torney Bullock Should
Be Replaced

The grand jury of San Mateo county
made formal request yesterday that
Attorney General U. s. Webb assume
control of the investigation of the al
legged conspiracy on the part of GER
tain contractors to defraud the county
in the $3.50. 900 courthouse deal apd dis
place Joseph j. Bullock. the district
attorney. The request was made
through George r. Sheath. foreman of
the grand jury who laid the matter
before E. B. Power, a deputy in Webb's
office, in the absence of the attorney
general. message was sent at once
to Webb, who is in Sacramento, but
he will not decide the matter until
he has made a full inquiry into the
legal points involved.
The situation is unique. The San
Mateo county grand jury has discov-
cred certain Irregularities in which
Bullock had figured. These irregu-
larities consist of interlineations in
building contracts for which the dis
trict attorney is said to have admitted
Their investigation of Bullock's official
career, and the grand jury concluded
that It's work should be directed by
hands other than those of Bullock.
HAS FULL AUTHORITY
Under the law the attorney general
has supervisory jurisdiction, and may
go into any county to assist in a prose-
cution. This was done in the Webber
case. when the attorney general CO.
operated with the authorities at Au-
burn.
The only objection to the appearance
of the attorney general appears in a
strict construction of the statutes
which place definite limitations on the
officials who may appear before a grand
jury. 1t is conceded that the attorney
general could conduct prosecution, but
there is some doubt as to his authority
to take charge of a county grand jury.
The members of the San Mateo grand
jury regard Bullock as an obstacle to
thorough investigation and are deter
mined to displace him. Furthermore,
the folly of such situation as would
make him the investigator of himself
has been pointed out. 1t has been sug-
gested that if Webb declines to inter-
vene on behalf of the state the gov
ernor could be asked to name special
The San Mateo county grand jury
has requested our office to take charge
down there" said E. B. Power yester-
day. They asked that Mr.. Webb as
sumo the duties which usually devolve
upon the district attorney. Mr.. Webb
is in Sacramento and 1 have communi-
Gated with him there.
QUESTION NOT SIMPLE
The question is not simple. Under
the code provisions a limit is placed
on the persons who may appear before
grand jury. 1t would be folly for US
to go down there and bring in indict-
ments which would later be thrown out
on the ground that the attorney general
did not have the right to appear in the
grand jury room. Under the law the
district attorney or his deputies may
conduct a grand jury inquiry, but it
is a question whether the attorney gen.
eral has that right.
1T is true that Attorney General
Webb appeared in court at the time the
grand jury was being impaneled that
afterward indicted Ruef and Schmitz.
the district attorneys office. Both
Langdon and Ruef were claimants and
the attorney general stood ready In
case of necessity. The present issue is
different. There is district attorney
and the question arises as to the au-
thority of the attorney general to take
his place and conduct a grand Jury in
vesfigation"