The Detroit times., 1911-03-03
RUFF DECISION
means new ERA
--FRANCIs ,. HENEY.
Graft Prosecutor Says It Was Due To
Awakened Public Demanding
Speedy Justice.
-FRANcis ,. HENEr.

SAN FRANCISCO. March Z.-Ape
Ruef. former political boss OF San
Francisco, has been granted seven
days stay of execution before he be-
gins his l4-year term for bribery. Ruef
has prepared to appeal his case TO
the highest court In the country, out
the concensus OF opinion here 10 that
he will be compelled To serve out his
sentence.
Francis J. Heney. the graft prose
cutor, whose efforts were responsible
| for 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.
self and the significance OF that &C
| ton.
BY FRANCIS ]. HENEY:
The fact that the supreme court OF
California reversed itself In order to
sustain the conviction Of Abe Ruef Is
important chiefly as a sign OF the
times, Of a new era In which the
people are beginning to rule. That
Ruef will 20 to prison is only Of rela-
tive Importance. II Is important that
criminals in all station shall be pun
ished, but Il IL more important that
ton OF justice. There Ii peculiar irony
and tremendous significance In the
fact that a technicality- forced the SUI
preme court to reverse itself
On former occasions. technicalities
have weighed only In favor OF defend
ants In the graft cases. Schmitz was
freed because the indictment upon
which he was convicted failed to state
that he was mayor of San Francisco
at the time of the crime he was con-
victed Of committing. The supreme
court unanimously refused the people
a hearing on the merits of the Schmitz
case. on the fiimsy technically that
the fact that Schmitz was mayor was
not mentioned In the brief accom-
panying the application Of the people
for a hearing.
Ruef was granted a re-hearing on
technical grounds.
The court then reversed itself be-
cause the encouragement called at
tention to the fact that one of the
concurring Justices was out of the
state when the order was signed.
court first ignore and then reckon th.s
point Because q fearless public offi-
Ger demanded attention. backed by
the weight Of an awakened public
demanding speedy justice. the right
to remove faithless judes
creation of laws to stop jury tamper-
ing and the miscarriage OF justice.
This awakening came In time to
work against Ruef. That was all.
Probably the bitterest thought Of all
to Ruef 10 that he win 60 to jail while
more powerful companions In crime
go free. There IN bitterness In that
fact to all right thinking people. yet
the conditions produced by these very
miscarriages Of Justice were the In
struments which have worked toward
permanent good. The prosecutions OF
rich lawbreakers while they failed OF
their immediate purpose, were wholly
successful In their ultimate purpose,
which was to expose the causes be-
hind the corruption Of public officers.
the solicitude Of the courts for Grim
inal corporations and to show the
people the necessity for controlling
their own government.
convicted of bribery had not been
shot. This may be partially true,
though IL II certain that the patriot
ism and the ability of the present
governor Of California was largely the
cause Of that conviction.
II the shooting worked towards the
administration Of justice, the suffer
ing and injury entailed for me and
mine were worth while.
As a crime, the shooting. while
more violent was not 50 dangerous to
society as the other crimes committed
during the course OF the prosecution.
Jury-tampering, bribery OF witnesses,
control OF courts by private interests
these strike at the foundation of our
American institutions. The open
shooting worked q quick, but temper
airy awakening of the public: the ex-
posture OF other secret crimes com
mitted by exceedingly clever and
adroit criminals, worked towards a
gradual but permanent awakening.
Many persons now support the pro-
gressives' administration. who form
eriy opposed the idea.
These persons don't realize that
their present mental and moral atti-
tude towards the administration OF
public measures IL due in a large
measure to what they saw and came
to understand during the course OF
the graft prosecution. That is the
point.
Ruef goes to Jail. II IL right and
Just that he should 60 but the fact IL
self Is not the real triumph. Ruef was
sent to jail by the court which freed
Schmitz on fiimsy technically.
Public opinion is beginning to con-
troll the courts OF California in the
interests OF Justice. That Is the sig