The Detroit times., 1911-03-02

oraft Prosecutor ssys Il Was Due To
Awakened Public Demanding
Speedy Justice

BAN FRANCISCO. March 2.-Abe
Ruef. former political boss OF San
tpencisco. has been granted seven
49, stay OF execution before he be
; olns his 14-year term for bribery. Ruef
~ prepared to appeal his case TO
+ NJ highest court In the country, but
M concensus Of opinion here In that
~ win be compelled to serve out his
nontence.
Francis J. Heney. the graft prose
*ufor, whose efforts were responsible
/. Cor the conviction OF Ruef. today gave
the United Press the following state
ment regarding the action OF the Cali
fornia supreme court In reversing IT.
4 elf and the Significance Of that ac-
By FRANCIS J. HENEY:
The fact that the supreme court OF
California reversed itself In order to
onstain the conviction of Abe Ruef Ia
Important chiefly az = sign OF the
times, of q new era In which the
people are beginning to rule. That
Rusf WI go to prison is only of rela-
ft1ve Importance. II 10 important that
criminals In sll station shall be pun
lshed, but II In more important that
people should control the administra-
tion OF justice. There il peculiar irony
and tremendous significance In the
fnct that technicality forced the su-
preme court to reverse itself.
On former occasions. technicalites
have weighed only in favor OF defend
Z ants In the graft cases. Schmitz was
freed because the indictment upon
which ne was convicted failed to state
. that he was mayor OF San Francisco
ot the time Of the crime he was con-
Yicted Of committing. The supreme
court unanimously refused the people
hearing on the merits OF the Schmitz
case. on the fiimsy technicality that
the fact that Schmitz was mayor was
not mentioned In the brief accom-
pAnying the application Of the people
for hearing.
Rnef was granted rehearing on
fDchnical grounds.
The court then reversed itself be
cause the attorney-general called at
tonfion to the fact that one Of the
concurring Justices was out of the
state when the order was signed.
Why did the four members OF the
c0urt first ignore and then reckon this
point Because fearless public ON
OR demanded attention, backed byl
ths weight OF an awakened public |
. demanding speedy Justice. the right
~ remove faithless judge
creation Of laws to stop jury tamper-
rs and the miscarriage of Justice.
This awakening came In time to
work against Ruef. That was all.
Probably the bitterest thought Of all
s - Ruef IL that he win go to jail while
4 lore powerful companions In crime
- free There In bitterness I'm that
hct to all right thinking people, yet
he conditions produced by these very
Iiscarriages Of justice were the In
1Erhments which have worked toward
Armament good. The prosecutions OF
<fch lawbreakers while they failed or
heir immediate purpose, were wholly
uncceesful In their ultimate purpose.
Uhich was to expose the causes be-
Hind the corruption OF public officers,
~ solicitude OF the courts for Grim
hal corporations and to show the
1oople the necessity for controlling
<hoirs own government ~
Ruef says he would not have been
oonvicted Of bribery had ! not been
rhDt This may be partially true.
Rough It II certain that the patriot
I'm and the ability of the present
1oyernor Of California was largely the
1nnoe OF that conviction.
y II the shooting worked towards the
ministration Of justice, the suffer
7 = = = 81 .