The San Francisco call., 1910-12-14
RUFF CHARGES
APPEALS Court
With MISTAKES
Convicted Bribe Giver Asks for
Rehearing Of Appeal and
Attacks Judges
alleges Wrong Assumptions,
misconceptions and Lack
of Consideration

Vow it is the district court Of ap-
peal that comes up for the criticism
n Abe Ruef In a petition filed before
the court yesterday the convicted bribe
giVer demands rehearing Of his ap-
peal and makes the following amazing
Rrrai ignment Of the justices Of the dis
trict court:
The petitioner respectfully rep
TesentS that II may be established
from the face OF the opinion fled
n this cause that the court has
reached its determination, and has
based conclusions herein upon mad
Eertent assumptions OF facts which
90 not exist in the case; upon in
adVerteut misconceptions of fact:
upon mistaken impressions Of the
points contended for by appellant.
and upon Inadequate consideration
of the record and Of the argument
and citations OF law advanced by
eppel lant. and that Il has erred in
Its decision herein.
Through his attorneys OF record,
Henry Ach. Thomas P. DOzier. c. W.
cross and J. J. West. Ruef modestly
asks the court TO shatter its opinion
into bits and remold II nearer TO his
hearts desire.
FIRST TIME IN HISTORY
Attorneys say that II is the first time
in the history OF the California courts
that e defendant and appellant has Pc
urloned higher court TO stultify It
self 10 change its opinion and announce
toet II was inadvertent, mistaken and
careless
The books cite A case In the United
States circuit court for the California
district in which the court was peti-
toned 20 amend its decision IN a civil
action where a wrong computation had
been made. The arithmetical error was
corrected in that instance
II takes Ruef pa pages to attempt
70 upset the opinion rendered by Pre-
siding Justice Cooper and concurred in
by Associate Justices Hall and Kerri-
gan. when they upheld the conviction
Of Ruef for agreeing TO bribe Super
visor J. = Furey with $4,000 to secure
Fureys vote on the United Railroa ds
overhead trolley franchise. The opin-
ion sustaining the conviction OF Ruef.
IN Judge Lawlor's department Of the
superior court. was handed down No
vember g. The time for appeal for a
reheering closed yesterday. Ruef had
his document ready.
APPEAL TO CONSTITUTION
The appellate court has 10 days in
wAfCh to consider the attack on its
Judgment. II IL decides TO stand by its
original opinion, Ruef will then have
~ Gays IA WHICH 10 appear TO LuS STATE
supreme court. After that there are
several federal courts TO which he
might address his literature, and as
this latest petition urged that his con-
viction was IN violation OF the four
teenth amendment TO the constitution
~ the United States II Is probable that
he Is now considering federal inter
vention to save himself from the peni-
uentiary.
Ruefs latest appeal IS curious liter
airy product. With no little euphemism
i asserts that the Cooper opinion was
contrary to the facts and the law. Here
is the language used
With the utmost confidence ap-
reliant believes that upon a thor
ough consideration OF this petition
this court IN fairness and justice
must grant a rehearing, and that It
VIII be thereupOn declared accord
ing to the facts In the record and
to established principles OF law.
ALLEGATIONS OF ERROR
This court certainly does not
desire to establish the law IN this
case differently from that laid
down for other cases on the same
subject matter. We respectfully
shah be allowed to become final
not only viii serious conflict on
csny substantive points Of law ex-
ist between II and the decisions
tn many ad5uoicsted and well con-
si6ered cases, but it viii itself IN
irs present form. become 2 prece-
dent and an excuse for allowing in
almost every succeeding criminal
case the intervention, without rem
edv 20 2 defendant of the most
f1gTant and fagitous errors, the
violation Of almost every consti-
rUtionsl right OF a defendant and
the deprivation OF his right TO
redress for almost every substan-
tial error which may prejudiciaTy
affect him during trial which has
resulted in his conviction.
SORROW FOR PROLIXITY
Ruef expressed his sorrow that his
Transcript on appeal was so long
2 . 000 Dap with . S00 Dages Of brfaf