The group represented the most effective forces at the time in California politics. Ruef, at the Santa Cruz convention, reached the height of his power. He left Santa Cruz planning a State organization that would make him as great a factor in State politics as he was at the metropolis.
But on his return to San Francisco, Ruef found himself harassed by criticism and beset by opposition. At every point in the municipal administration, with the exception of the District Attorney’s office, was suggestion of graft and incompetency. The police department could not, or would not, control the criminal element. Merchants, in the middle of the day, were struck down at their places of business and robbed. Several were fatally injured in such attacks, being found dying and even dead behind their counters. Street robberies were of daily occurrence.
In the acres of ash-strewn ruins, was junk worth hundreds of thousands of dollars. The police seemedutterly powerless to protect this property. It became the loot of unchecked bands of thieves.
A reign of terror prevailed. Citizens feared to appear on the streets at night. Merchants charged that their business was seriously injured by these conditions. On all sides, blame was placed upon the Schmitz administration which Ruef was known to control.[68]
Then again, Ruef’s toll from the tolerated gambling, saloon and social evil interests was getting too heavy for his own safety.[69]The public was given hint of this when the newspapers quoted George Renner, a prominent businessman, as asserting that a liquor license could be secured if the applicant “put the matter into Ruef’s hands and paid a fat little fee.” Ruef, in his reply, stated that the liquor people were nuisances anyhow. Ruef had long acted as attorney for the California Liquor Dealers’ Association. The Association, afterRuef’s flippant characterization of the liquor people, boldly dispensed with his services and employed another attorney, Herbert Choynski, in his stead. Choynski made no effort to placate Ruef. On the contrary, he gave out interviews to the press charging that Ruef had received $500,000 for the trolley permit, and that each Supervisor had been given $4000 or $5000 for his vote.
This story was given some credit, although few realized the amount of truth it contained.
The Supervisors were spending money freely. Men, who in private life had earned less than $100 a month, and as Supervisors were receiving only that amount, gave evidence of being generously supplied with funds. Supervisor Coffey, a hack driver, took a trip to Chicago. Lonergan, driver of a delivery wagon, announced plans for a tour of Ireland with his wife and children. Wilson planned a trip through the Eastern States. The official head of the administration, Mayor Schmitz, left on a trip to Europe, leaving Supervisor Gallagher as acting Mayor.[70]Reports printed in San Francisco papers of Schmitz, the orchestra player, as guest of the most expensive European hotels, did not tend to lessen the opposition to the administration.
The general dissatisfaction with the administration finally found expression in a mass meeting intended to inaugurate a movement to rid the community of Ruef’s influence.[71]The meeting was called in the name of various promotion associations and improvement clubs. It was to have been held in the rooms of the California Promotion Association, a temporary shack that had been erected in Union Square, a public park in the business district. But the crowd which gathered was so great that the meeting had to be held in the park itself.
When the committee in charge met to complete final preparations, preliminary to calling the meeting to order, Ruef and Acting Mayor Gallagher, with astonishing assurance, appeared before the committee and offered their co-operation in the work in hand. Their presence does not appear to have been welcome. Nevertheless, before the resolutions which the committee had under consideration were read before the crowd, all harsh references to Ruef and the municipal administration had been expurgated. In effect, the expurgated resolutions called upon commercial organizations, clubs, labor unions and similar bodies to form a committee of 100 for public safety.
In the meeting which followed the expurgation of the resolutions, the organizers of the movement lost control. Their counsel was for moderation in a situation where all elements were at work.
The crowd was made up of Ruef claquers who shouted everybody down; members of Labor Unions who had been led to believe that the purpose of the gathering was to break down the unions; and of radicals who were for proceeding immediately to clean up the town. Those responsible for the gathering appeared appalled at its magnitude, and showed themselves unable to cope with the situation.
William A. Doble presided. Samuel M. Shortridge, an attorney who was to play a prominent part in the graft trials, stood at Doble’s side and acted as a sort of director of the proceedings. The expurgated resolutions were read by the President of the Merchants’ Association, E. R. Lillienthal. The ayes were called for and the resolutions declared to have been adopted. The next moment announcement was made that the meeting stood adjourned.
An angry demonstration followed. The people had met to discuss lawlessness. They refused to be put off. The adjourned meeting refused to adjourn. There were cries ofDrive Ruef out of Town. One speaker, A. B. Truman, denounced Ruef as a grafter. For the moment an outbreak seemed imminent. At this crisis, Acting Mayor Gallagher appeared.
“I would suggest,” he announced,[72]“that you disperse to your respective homes.”
Citizens who did not care to participate in what threatened to become a riot began leaving the park. But Ruef’s henchmen did not leave.
Ruef, who had cowered in fright when the crowd was denouncing him, was concealed in a room in the so-called Little St. Francis Hotel, which after the fire had been erected in Union Square Park. From his hiding place he could see the crowd without being seen. At the right time, he appeared on the steps of the building which were used for the speaker’s stand. His followers, now in a majority, cheered him wildly. The next moment, Ruef was in control of the meeting which had been called to protest against the conditions in San Francisco, for which the administration, of which he was the recognized head, was held to be accountable.[73]The first serious attempt to oust Ruef from his dictatorship had failed.
But while the protestants against prevailing conditions were hot with the disappointments of this failure, District Attorney Langdon issued a statement that he had determined to seize the opportunity presented by the impanelment of a new Grand Jury to inaugurate a systematic and thorough investigation into charges of official graft and malfeasance in office. To assist in this work, he announced, Francis J. Heney had been requested to become a regular deputy in the District Attorney’s office, and had accepted. That the investigation might not be handicapped by lack of funds, Mr. Langdon stated Rudolph Spreckels had guaranteed that he would personally undertake the collection from public-spirited citizens of a fund to provide for the expenses necessary to make the investigation thorough.[74]It became known that William J. Burns, who had been associated with Heney in the Oregon land-fraud cases, had been retained to direct the investigation, and that for several months his agents had been quietly at work.
The effect of these announcements was immediate.All talk of “vigilante committee” and “lynching” ceased. The case of The People of San Francisco vs. the Schmitz-Ruef Administration was to be presented in an orderly way in the courts.
And the united press of San Francisco, legitimate business interests, and a great majority of the people welcomed the alternative.
Three days after the announcement of his plans, District Attorney Langdon appointed Heney to a regular deputyship. But even before Langdon had taken office, as early as December, 1905, Fremont Older, editor of the San Francisco Bulletin, had suggested to Heney that he undertake the prosecution of those responsible for conditions in San Francisco.
The Bulletin had been the most fearless and consistent of the opponents of the Schmitz-Ruef regime.[75]After Ruef’s complete triumph at the November election in 1905, he boasted that he would break the Bulletin with libel suits. With every department of government in his control, Ruef appeared to be in a position where, even though he might not be able to make good his threat, he could cause the Bulletin much annoyance if not great financial loss.
Older went on to Washington to engage Heney todefend the paper, should Ruef attempt to make his boast good. Heney gave Ruef’s threats little credence. “I would be very glad to defend you,” he told Older, “but I am afraid I’ll never get a chance to earn that fee.”[76]
Incidentally Older stated that he believed a fund could be raised to prosecute the corrupters of the San Francisco municipal government, and asked Heney if he would undertake the prosecution, if such a fund could be secured.
Heney replied that he would be glad to undertake it, but stated that at least $100,000 would be required. And even with this amount, Heney pointed out to Older, all efforts would be futile, unless the District Attorney were genuinely in sympathy with the movement to better conditions.
On Heney’s return to California early in 1906, Older brought him and Rudolph Spreckels[77]and JamesD. Phelan together. Heney and Spreckels met for the first time. Phelan vouched for Langdon’s[78]integrity and honesty of purpose. Indeed, Langdon was already giving evidence of his independence of the Ruef organization. Up to that time no attempt had been made to raise the funds necessary to conduct a practical investigation. Phelan stated that he would subscribe $10,000 and Spreckels agreed to give a like amount. Spreckels undertook to look the field over and expressed confidence that he could get twenty men who would subscribe $5000 each, making the $100,000 which Heney had declared to be necessary for the undertaking. The question of Heney’s fee was then raised.[79]
“If there be anything left out of the $100,000 we will talk about fee,” Heney replied. “But I don’t think there will be anything left and I will put up my time against your money.”
It was practically settled at this meeting that Heney should devote himself to the prosecution of corruptionists against whom evidence might be secured. He returned to Washington early in March to wind up his affairs there. Before he could return to San Francisco, came the earthquake and fire.
Heney got back to San Francisco April 25, one week after the disaster. He had another conference with Spreckels.[80]Spreckels told him that he wanted the investigation begun at the earliest possible moment, and that he (Spreckels) would himself guarantee the expenses which might be incurred.[81]Heney notifiedBurns, and as early as June[82]Burns had begun the investigation that was to result in the downfall of Ruef, and the scattering of his forces.
By the middle of the following October, Heney had so arranged his affairs as to be free to devote himself to the San Francisco investigation. His appointment as Deputy District Attorney followed.
In view of one of the principal defenses advanced by Ruef and his allies, namely, that the graft prosecution was undertaken to injure the United Railroads, these dates are important. The services for which the bribe money which got the United Railroads into difficulties was paid, were not rendered until May 21, 1906, long after final arrangements had been made for Burns to conduct the investigation and Heney to assist in the prosecution. The actual passing of the United Railroads bribe money was not completed until late in August[83]of that year. Burns was at work, and hadreceived pay for his services before the bribe-giving for which United Railroad officials were prosecuted had taken place.[84]
Langdon’s announcement that he would appoint Heney as a Deputy District Attorney, to assist in investigating into charges of official corruption, brought upon him the condemnation of the municipal administration and of the leaders of the Union-Labor party. P. H. McCarthy and O. A. Tveitmoe, who, from opposing the Union-Labor party movement in 1901-3 had, by the time the Graft Prosecution opened, become prominent in its councils, were particularly bitter in their denunciations. At a Ruef-planned mass meeting held at the largest auditorium in the city October 31, 1906, for the purpose of organizing a league for the protection of the administration, Langdon was dubbed “traitor to his party,” a man “who has gone back on his friends,” “the Benedict Arnold of San Francisco.”
Heney was denounced as “the man from Arizona.” On the other hand Mayor Schmitz was called “the peerless champion of the people’s rights,” and Ruef, “the Mayor’s loyal, able and intrepid friend.”
Thomas Egan, one of the organizers of the Union-Labor party, stated of the graft prosecution: “This movement, led by Rudolph Spreckels and engineered by James D. Phelan, conceived in iniquity and born in shame, is for the purpose of destroying the labor organizations and again to gain control of the government of our fair city.”
Ruef, in an earnest address, insisted upon his innocence of wrongdoing. “As sure as there is a God in heaven,” he announced solemnly, “they have no proof as they claim.”[85]
Acting Mayor Gallagher issued a statement in which he took the same ground as had Egan at the Dreamland Rink mass meeting, that the prosecution was a movement on the part of the Citizens’ Alliance to disrupt the labor unions.[86]
From another angle, officials of public service corporations charged those identified with the investigation with being in league with the labor unions. In one of his statements to the public, Patrick Calhoun, president of the United Railroads, set forth that, “I confidently expect to defeat alike the machinations of Rudolph Spreckels, his private prosecutor, with his corps of hired detectives, and Mr. Cornelius, president of the Carmen’s Union, the leader of anarchy and lawlessness, and to see fairly established in this community the principles of American liberty, and the triumphs of truth and justice.”[87]
Then, too, there were points at which the two supposed extremes, corporation magnates and Labor-Union politicians, touched in their opposition to the prosecution. At a meeting held on November 2, 1906, less than two weeks after Heney’s appointment, John E. Bennett, representing the Bay Cities Water Company, read a paper in which Heney and Langdon were denounced as the agents of the Spring Valley Water Company. The Chronicle, in its issue of November 3, charged that the paper read by Mr. Bennett was typeproof of a pamphlet that was to be widely distributed, and that the proof sheets had been taken to the meeting by George B. Keane, secretary of the Board of Supervisors.[88]
On the other hand, practically the entire press of the city,[89]the general public and many of the laborunions gave the prosecution unqualified endorsement, welcoming it as opportunity, in an orderly way, either to establish beyond question, or to disprove, the charges against the administration of incompetency and corruption.[90]Rudolph Spreckels’s statement, that “this isno question of capital and labor, but of dishonesty and justice,”[91]was generally accepted as true expression of the situation.
Those directly connected with allegations or suggestion of irregular practices, issued statements disclaiming any knowledge of irregularity or corruption. General Tirey L. Ford, chief counsel of the United Railroads, in a published interview,[92]stated that no political boss nor any person connected with the municipal administration had benefited financially to the extent of one dollar in the trolley permit transaction, and that had any one profited thereby, he (Ford) in his official capacity would have known of it. Those connected with the administration were as vigorous in their denials.[93]Many of them expressed satisfaction at the prospect of an investigation. Supervisor Kelly went so far as to suggest that the municipality give $5000 toassist in the inquiry. “Let us,” said Supervisor Lonergan, “get to the bottom of this thing. These cracks about graft have been made right along, and we should have them proved or disproved at once.”
But in spite of this brave front, the developments of the years of resistance of the graft prosecution show the few days following Heney’s appointment as Assistant District Attorney to have been a period of intense anxiety to Ruef and his immediate advisers. Ruef held daily consultations with Acting Mayor Gallagher, Clerk Keane, and his attorney, Henry Ach. The public knew little of these consultations, but a rumor became current that Mayor Gallagher would suspend District Attorney Langdon from office. Little credence was given this, however. Nevertheless, on the night of October 25 Acting Mayor Gallagher suspended Langdon from office, and appointed Abraham Ruef to be District Attorney to conduct the graft investigations.[94]
The following morning the San Francisco Call, under a large picture of Ruef, printed the words: “THIS MAN’S HAND GRIPS THE THROAT OF SAN FRANCISCO.”
The impaneling of the Grand Jury was to have been completed on October 26. Heney was appointed Assistant District Attorney on October 24. Ruef, to secure control of the District Attorney’s office before the Grand Jury could be sworn, had little time to act. But he was equal to the emergency. Gallagher removed Langdon and named Ruef as District Attorney the day after Heney’s appointment and the day before the impaneling of the Grand Jury was to have been completed.
Ruef had, however, considered Langdon’s suspension from the day of the District Attorney’s announcement of his plans for investigating graft charges. Gallagher testified at the graft trials that Ruef had, several days before Langdon’s suspension, notified him it might be necessary to remove Langdon from office[95]. The Acting Mayor expressed himself as ready to carry out whatever Ruef might want done.
Gallagher testified that the names of several attorneys, including that of Henry Ach, Ruef’s attorney and close associate, were canvassed as eligible for appointment as Langdon’s successor. Nothing definite was decided upon, however, until the day that Langdon’s position was declared vacant. On that day, Gallagher received word from Ruef to call at his office. There, according to Gallagher’s statement, he found Thomas V. Cator, a member of the municipal Board of Election Commissioners. Henry Ach came in later.
Ruef told Gallagher that he had decided it was necessary to remove Langdon, and that he had decided to take the place himself. Gallagher assured Ruef that whatever Ruef decided in the matter he, the Acting Mayor, would stand by. The papers removing Langdon had already been prepared. Gallagher read them over, for typographical errors, he states in his testimony, and signed them.
The Board of Supervisors was to have met that day at 2:30 P. M. in regular weekly session. Gallagher, as Acting Mayor, was to preside. But it was well after 6 P. M. when Gallagher arrived, from Ruef’s office, at the council chamber.
He appeared worried and disturbed. The Supervisors, who had been waiting for him for nearly four hours, were called to order. The communication removing Langdon was read and adopted without debate or opposition.[96]Gallagher then announced that he had appointed Ruef to be Langdon’s successor.
How completely Ruef dominated the municipal departments was shown by the fact that he filed his bond, his oath of office, and his certificate of appointment at the various municipal offices without hint of what was going on reaching the public. Ruef had commanded secrecy, and secrecy was observed. After Gallagher had announced Ruef’s appointment in open meeting of the Supervisors, the filing of the papers was made public.
Although the Supervisors, in open board meeting, endorsed Gallagher’s action without apparent hesitation, nevertheless the abler among them did so with misgivings. Supervisor Wilson went straight from the meeting of the board to Ruef’s office. He told Ruef that in his judgment a mistake had been made; that the papers would call the removal of Langdon confession of guilt.[97]But Ruef laughed at his fears, and to cheer him up, took him to a popular restaurant for dinner.
But before leaving his office, Ruef performed his first act as District Attorney. He wrote a curt note to Heney, dismissing him from the position of assistant.[98]Later in the evening he appointed as Heney’s successor Marshall B. Woodworth.
The order of dismissal was delivered to Heney within ten minutes. Heney’s answer reached Ruef as he sat at dinner with Supervisor Wilson and Henry Ach, who had joined the group. Heney’s reply was quite as pointed as Ruef’s letter of dismissal. Heney stated he did not recognize Ruef as District Attorney.
The battle between the two forces was fairly on. Ruef and his associates, as they sat at dinner, discussed the advisability of taking possession of the District Attorney’s office that night, but concluded to wait until morning. In this Ruef suffered the fate of many a general who has consented to delay. When morning came, District Attorney Langdon had his office under guard, and San Francisco was aroused as it had not been in a generation.
Supervisor Wilson had not misjudged the interpretation that would be placed upon Langdon’s suspension. The Call the following morning denounced Ruef as “District Attorney by usurpation; a prosecuting officer to save himself from prosecution.” The Chronicle set forth,in a biting editorial article, that “as long as they (the Ruef-Schmitz combine) felt safe from prosecution, they jauntily declared that they would like to see the accusations fully justified, but the instant they began to realize the possibility of being sent to San Quentin, they turned tail and resorted to a trick which every man in the community with gumption enough to form a judgment in such matters will recognize as a confession of guilt.”
The Examiner called the removal of Langdon and the appointment of Ruef, “the last stand of criminals hunted and driven to bay.”
“They have,” said the Examiner, “come to a point where they will stop at nothing.... William H. Langdon, the fearless District Attorney, and Francis J. Heney, the great prosecutor, have driven the bribe-seekers and the bribe-takers to a condition of political madness. In hysterical fear they last night attempted their anarchistic method of defense.”
The Bulletin devoted its entire editorial page to Ruef’s new move, heading the article, “Ruef’s Illegal Action is Confession of Guilt.”
“Nothing,” said the Bulletin, “in the history of anarchy parallels in cool, deliberate usurpation of authority this latest exhibition of lawlessness in San Francisco.... Government is seized to overthrow government. Authority is exercised in defiance of authority. The office of the District Attorney is seized deliberately, with malice aforethought, with strategy and cunning and used as a fort for thieves to battle down the forces of citizenship. The criminals, accused of felony, after inviting investigation and pretending to assist, have shown theirhypocrisy by committing an act of anarchy which, while it might be tolerated for the time being in San Francisco, would result in the execution of these men in any government of Europe.”
Gallagher’s action, while upheld by the Union-Labor party leaders, and by the unions which these leaders dominated, was condemned by independent labor organizations.
The Building Trades Council, with which all the building trades unions were affiliated, dominated by P. H. McCarthy, promptly endorsed Gallagher’s action in removing Langdon. But many of the affiliated unions not only withheld endorsement, but some of them repudiated the action of the central body.
The Bricklayers and Masons’ Union, for example, with 800 members present, and without a dissenting vote, adopted resolutions declaring that “the President and Secretary[99]of the Building Trades Council are not fit persons to be at the head of the Union movement in San Francisco,” and denouncing the course of the municipal administration, which the Building Trades Council had approved, as “high-handed defiance of the law.”[100]
In spite of this repudiation by the unions, Ruef issueda statement in which he denounced the prosecution as a movement “to destroy the Union Labor organization and to control the situation in San Francisco in the interest of those who are opposed to the success of the wage-earning classes.” He announced further, “I have accepted this office, the first political position I ever held in my life, because I believe it to be my duty to the public to bring to an end this constant defamation and to stop the publication of matter detrimental to the city’s growth and material interest.”
“I do not intend,” he said, “to make any changes in the personnel of the District Attorney’s office until it is determined what fate Mr. Langdon shall meet, with the exception that Mr. Heney will not be retained. I will not have Mr. Heney in my office because I do not believe that his moral standing is equal to the position.”[101]
District Attorney Langdon was out of the city when Acting Mayor Gallagher announced his suspension from office. Langdon hurried back prepared to resist the executive’s action.[102]Even while Ruef and his associates were debating the advisability of taking possession of the District Attorney’s office that night, attorneys for the prosecution were at work on papers in injunction proceedings to restrain Acting Mayor Gallagher, the Supervisors and Ruef from interfering with the District Attorney in the discharge of his duties. The papers were not ready before 5 o’clock of the morning of the 26th. At that hour, Superior Judge Seawell signed an order temporarily restraining Ruef from installing himself as District Attorney, and from interfering with Langdon in the discharge of his duties as District Attorney. By eight o’clock that morning, Presiding Judge Graham of the Superior Court had assigned the case to Judge Seawell’s department; a police officer and two deputy sheriffs had been installed in the District Attorney’s office with instructions to enforce the restraining order. For the time, at least, District Attorney Langdon was secure in his office.
Ruef appeared two hours later. He was that morning to have represented the defendant in a murder trial, The People vs. Denike, but began the day by formally withdrawing from the case on the ground that as District Attorney he could not appear for the defense. He appeared in the police courts ready to prosecute a libel suit which he had brought against the proprietor of the San Francisco Bulletin, but the justice had been served with Judge Seawell’s restraining order and the libel-case hearing was postponed. In Judge Dunne’s department of the Superior Court, Ruef received something of a setback. The Court made a special order permitting one of Langdon’s deputies to prosecute in a criminal action then pending, regardless of who might be District Attorney. The restraining order kept Ruef and Woodworth out of the District Attorney’s office. By noon it was evident that at the big event of that eventful day, the impaneling of the Grand Jury, Langdon, and not Ruef, would, as District Attorney, represent The People.
The hard fight of the morning of October 26th to prevent Ruef taking possession of the District Attorney’s office had been carried on practically without the general public being aware of the proceedings. Langdon had been suspended early in the evening of the previous day. The temporary order restraining Ruef from interfering with the District Attorney had been signed at 5 o’clock in the morning. The general public found by the morning papers that Ruef had attempted to seize the office, but of the steps taken to stay his hand the papers had nothing. The question on every man’s lip was: Will Judge Graham recognize Ruef or Langdon as District Attorney at the impaneling of the Grand Jury?
The court was to meet at 2 o’clock. Long before that hour arrived, the halls of Temple Israel, a Jewish synagogue in which several departments of the Superior Court met during the months following the great fire, were packed with citizens. The street in front of the building soon became jammed with a struggling mass of men demanding entrance. The crowd became so great that none could enter or leave the building.
Plain-clothes men were on all sides, and succeeded in clearing a space about the entrance. The work of clearing the building of all who could not show that they had business there, then began. In this work, deferencewas shown Ruef’s adherents. Notorious saloon-keepers, ex-prize fighters and strong-arm men friendly to Ruef were permitted to remain. Opponents of the administration who protested against removal were unceremoniously thrown out.
Although little groups of partisans of the administration appeared in the crowd, the citizens assembled were in the main clearly in sympathy with the prosecution.[103]The arrival of Langdon, Heney and Spreckels was signal for outbursts of applause. Ruef apparently appreciated the feeling against him. He appeared guarded by two detectives of the regular police department,[104]and a body-guard of partisans. The crowd began to press about him. Several of his followers made motions as though to draw revolvers. Ruef hurried into the building. To add to the confusion, there was, planned or without planning, misunderstanding as to the room in which the hearing was to be held. The representatives of District Attorney Langdon’s office finding themselves misinformed as to the meeting place, forced their way from hall to hall seeking reliable information. Whenthe room was finally located, it was found to be packed with Ruef followers. The sheriff ordered the doors closed. The Court’s attention was called to this. District Attorney Langdon insisted that the doors be opened and the crowd permitted to enter to the capacity of the room. He pointed out that some had been admitted and others kept out, and insisted there should be no discrimination. This course was taken. The crowd poured in until every available foot of standing room was occupied.[105]
Eighteen of the nineteen citizens required under the California law for Grand Jury service had already been drawn at former sessions of the court. As soon as order had been secured, the name of the nineteenth was taken from the jury box.
This detail over, Heney called the Court’s attention to the provision of the California law, that no person whose name does not appear on the assessment roll of the county in which he serves is eligible for Grand Jury service, and that the courts have held further, that bias or prejudice of a Grand Juror against a person indicted is sufficient grounds for setting aside the indictment. Heney then stated that he wished to examine the nineteen men as to their qualifications as Grand Jurors.
Ruef, announcing himself as an officer of the court,arose to speak. Heney objected to Ruef appearing, if by officer of the court he meant District Attorney or Acting District Attorney. Ruef answered that he appeared only in his capacity as member of the bar. On this showing he was allowed to proceed.
Ruef contended that the procedure proposed by Heney was irregular; that if followed the validity of the Grand Jury would be imperiled. He stated that he did not want to see the Grand Jury made an illegal body.
Heney replied that he intended, as Assistant District Attorney, to present felony charges against Ruef, and desired to examine the prospective Grand Jurors as to their bias for or against Ruef. Furthermore, Heney insisted, the Court had authority to excuse a juror if he were not on the assessment roll. To accept as Grand Jurors men whose names were not on the assessment roll, or men biased or prejudiced against Ruef would, Heney insisted, make the proceedings a farce.[106]
In reply to Heney, Ruef defied him to produce any evidence “in open court before an untutored Grand Jury for an indictment.” Ruef charged Heney further with employing abuse “to make the Grand Jury illegal so that nothing might come of any indictment.”
At this point, the Attorney General of the State, U. S. Webb,[107]addressed the Court. At his suggestionthe Grand Jurors were excused for the day. General Webb then stated that he knew of no law for the procedure which Mr. Heney suggested. He admitted, however, that such procedure would be desirable, and advised that no hasty action be taken in coming to a decision.
Heney in reply read from California decisions to show that The People have the authority to make examination of Grand Jurors, and continued:
“The only question remaining is as to when this examination shall be made. Suppose the foreman of the Grand Jury is biased or prejudiced. Does it require any argument that now is the time to make this examination instead of waiting until we have presented our evidence to the Grand Jury? Shall we first have to give those whom we accuse time to bribe witnesses and get them out of the country? Shall we let the defendant come in and quash the indictment, if there is any bias or prejudice, and then be enabled to protect himself against prosecution?
“After the miserable fiasco (the attempted removal ofLangdon) which occurred last night,” Heney went on, “what more important duty for this Court to perform than to say immediately that the law is more powerful than any man or any set of men in San Francisco?”
As Heney concluded, the packed courtroom burst into applause. The crowd outside heard, took it up and cheered wildly. As soon as order was restored, Henry Ach, one of the attorneys appearing for Ruef, suggested that Heney, the Attorney General and himself, get together to present the question of whether Langdon or Ruef were District Attorney to the Supreme Court. Ach stated that he feared if Langdon or Heney attended a session of the Grand Jury and Ruef were to be found to be District Attorney, then the acts of the Grand Jury might be invalidated.
Heney replied that in acting as prosecutor it had been his rule “to have no conferences, treaties or alliances with persons charged with crime, or with their attorneys.” On this ground, Heney declined Mr. Ach’s proposition.
Judge Graham made no rulings that day on any of the points raised, but ordered a continuance until the following Monday.
After adjournment of court, the appearance of Langdon and Heney at the entrance of the building brought forth cheers from the crowd that all through the proceedings had waited outside. A speech was demanded of Langdon.
“My friends,” he replied, “we have no speeches to make. We have a duty to perform and we will perform that duty.”
Immediately behind Langdon came Ruef, closely guarded by police and detectives. He was pale and worn and clearly frightened. The crowd pressed about him. Threats came from his followers to shoot into the crowd if it pressed too closely. Ruef finally reached his automobile and was driven away.[108]
The topic of discussion of the two days that elapsed before Judge Graham decided the questions that had been raised by Heney’s proposal to proceed with the examination of the Grand Jurors, was whether Graham would allow such examination. It was alleged that no less than four of the citizens drawn for Grand Jury service were not on the assessment roll. There were,too, charges that Ruef controlled several of them. Some of the papers printed the names of those whom it was alleged were either under obligations to Ruef or connected with his political organization.
A second crowd filled courtroom, building and street when Judge Graham’s court was called to order the following Monday. Mounted policemen, plain-clothes men and detectives, directed by two captains of police, were, however, on hand to preserve order.[109]There were no demonstrations. Judge Graham announced from the bench that after due deliberation, he had concluded that the District Attorney had the right to interrogate the Grand Jurors as to their qualifications. He stated further that inasmuch as Langdon was the de facto District Attorney, Langdon would conduct the examination.
The prosecution had won the first skirmish in the years-long fight upon which San Francisco was entering for the enforcement of the law.
The next move came from Attorney Samuel M. Shortridge. Shortridge appeared with Ruef’s attorney, Henry Ach, and Marshall B. Woodworth. Ruef had named Woodworth, it will be remembered, as Heney’s successor in the District Attorney’s office.
Mr. Shortridge read Acting Mayor Gallagher’s order suspending Langdon and appointing Ruef, and also called the Court’s attention to the fact that Ruef had filed his official bond as District Attorney. Shortridgestated that the matter was pending before Judge Seawell, and asked the Court, “in deference to Judge Seawell,” to postpone proceedings until the District-Attorney controversy should be decided. Shortridge expressed himself as fearful that, if the examination of the Grand Jurors went on, Judge Seawell’s decision might invalidate the Grand Jury proceedings.
W. T. Baggett, Assistant City Attorney,[110]followed Shortridge. Mr. Baggett read a letter from the Acting Mayor, setting forth the fact of Langdon’s removal, and joined with Shortridge in pleading for delay. But the pleas of both gentlemen were denied. Judge Graham repeated his opinion given earlier in the day that Langdon should be recognized as the de facto District Attorney, and ordered the impaneling of the Grand Jury to continue.
Shortridge thereupon announced his desire to participate in the examination of the Grand Jurors. Heney objected to Shortridge appearing as a representative of the District Attorney’s office. Shortridge replied that he respected Judge Seawell’s order, and had no intention of violating it. He asked if he would be permitted to act in the capacity of amicus curiæ[111]in examining jurors. This privilege was accorded him.
The examination of the Grand Jurors occupied morethan a week. Several of the nineteen were excused, it being found that their names were not on the assessment roll.
The examination was concluded[112]on November 7th and the Grand Jurors sworn. B. P. Oliver was appointed foreman. From him the body received its name of Oliver Grand Jury. The Grand Jury organized by electing C. G. Burnett secretary. But one important question remained to be decided, namely—Was Ruef or Langdon to represent The People at the investigation into graft charges which the Grand Jury was ready to begin?
While the impaneling of the Grand Jury was going on before Judge Graham, Ruef was disputing Langdon’s title to the office of District Attorney before Judge Seawell. In these proceedings Samuel M. Shortridge appeared with Ruef’s attorney, Ach, and Deputy City Attorney Baggett, not as amicus curiæ, but as Ach’s associate in the legal contest to force Langdon out of office.
The principal feature of Ruef’s case was the introduction of affidavits, signed by sixteen members[113]ofthe Board of Supervisors, in which the Supervisors denied committing felony of any character. Later, after the Supervisors had confessed, these affidavits were to be used by the defense at practically all the graft trials in efforts to break down their testimony against the bribe-givers.
During the examination, Ach endeavored to force from Langdon and his deputies a statement of what evidence they had against Ruef. In this Ach failed. On the other hand, the prosecution sought to bring out testimony that Ruef had directed Gallagher to suspend Langdon.[114]To this end Heney placed Ruef on the stand. But Judge Seawell stated[115]that he did not at that time wish to go into question of motive and the point was not pressed.
The outcome of the proceedings was a second victory for the prosecution. The injunction against Ruef was granted;[116]Langdon was left in peaceful possession of the District Attorney’s office.[117]Later, Judge Seawell issued a permanent writ of prohibition against the Board of Supervisors restraining that body from removing Langdon from office.
Langdon and his deputies, after a three-weeks fight, were free to proceed with the graft investigation.
Within twenty-four hours after organizing, the Grand Jury had begun investigation into graft charges. Tenderloin extortion, especially in connection with the so-called “French Restaurants,” was the first matter taken up. The inquiry involved both Schmitz and Ruef.
The term “French Restaurant” in San Francisco is used in connection with a particular type of assignation house. These establishments contain a restaurant on the ground floor, and sometimes banquet hall and private rooms without assignation accompaniments. The stories overhead are devoted to private supper bedrooms. Some of these assignation places are several stories in height. Before the fire, among the establishments alleged to be “French Restaurants” were Marchand’s, Delmonico’s, the New Poodle Dog, the Bay State and the Pup. The extent of the business conducted by these places is indicated by the testimony of A. B. Blanco, who stated under oath at the graft trials that he had $200,000 invested in the New Poodle Dog, while Joe Malfanti testified that he had about $400,000 invested in Delmonico’s.[118]
French Restaurants had long been a scandal in San Francisco. Toward the close of 1904, the Police Commission, then absolutely under domination of Schmitz and Ruef, gave evidence of proceeding against such places. The commission, as a beginning, revoked the liquor license of a “French Restaurant” known as Tortoni’s. Without a license to sell liquor a “French Restaurant” could not continue in business. These licenses had to be renewed once every three months. The Police Commission had arbitrary power to grant, or to refuse, application for renewal. One by one renewal applications of other French Restaurants were held up. It became a matter of common report that all the “French Restaurants” were to be treated as Tortoni’s had been, namely, driven out of business by having their licenses to sell liquors revoked.
And then Abe Ruef appeared before the Police Commissioners as attorney for the “French Restaurant” keepers.[119]Ruef asked that consideration of the French Restaurant cases be postponed for two weeks. This was accorded him. But his request that during those two weeks the places be permitted to conduct their business as before, namely, that they be allowed to sell liquorsin the private supper bedrooms, was denied by a tie vote, two commissioners of the four voting for Ruef and two against him.
Before the two weeks’ extension of time which Ruef had secured had expired, Mayor Schmitz had removed from office one of the commissioners who had opposed[120]Ruef’s request that the sale of liquors in “French Restaurant” bedrooms be continued.
The opposing commissioner out of the way, the board by a vote of two to one, adopted certain rules submitted by Ruef for the management of French Restaurants.[121]By the same vote, the commission then granted the French-Restaurant licenses, action upon which had so long been delayed.
All this was done before the public. There were, of course, charges of graft and extortion, which most people, although without definite proof, believed. Heney, nearly a year later, in his speech in the Partridge campaign, referred to in a previous chapter, charged graft. A Grand Jury had made[122]an honest attempt to get to the bottom of the scandal. The efforts of this early Grand Jury came to nothing.
The Oliver Grand Jury had not been in session a fortnight, however, before the whole miserable story of Ruef’s connection with the French Restaurant cases had been spread before it.
Thomas Regan, who had served as Police Commissioner during the Schmitz administration, testified that as early as the summer of 1904 Schmitz had told him that the “French Restaurants” were bad places and should not be permitted to exist. When Tortoni’s was closed, Schmitz stated to Regan, according to Regan’s testimony, that the French Restaurants were all run alike, and should all be closed. Acting upon the Mayor’s suggestion, the Police Commission ordered the investigation into the methods of the French Restaurants which created such a sensation in San Francisco during the closing months of 1904. Licenses were denied in some cases. In others, hearings of applications for renewals were postponed from time to time. Some proprietors were called upon to show cause why their licenses should not be revoked. Of all of which, Commissioner Regan testified, he kept Mayor Schmitz informed.
The course of the commission threw the keepers of the French Restaurants into a panic. Their attorneys found themselves helpless and could give their clients no encouragement. Marcus Rosenthal, for example, who appeared before the commission on January 3, 1905, on behalf of the Bay State Restaurant, testified at the Schmitz trial, that he was not permitted to say anything; that the commissioners would not listen to him, nor hear testimony. After that meeting he had advised his client, and a little group of “French Restaurant” keepers whohad gathered about him, that it would be useless for them to appeal to any court, because under the law there could be no review of the action of the Police Commissioners; that the commission could arbitrarily dispose of any saloon-keeper, and he could not seek remedy in the courts.
And then, having explained the situation fully, Rosenthal told them, what every observer in San Francisco knew, “There is only one man who could help you, and that is Mr. Ruef.”[123]The French Restaurant keepers received this advice from all sides. Joe Malfanti testified at the Schmitz trial that “numerous friends advised me to see Ruef.”
And to Mr. Ruef the “French Restaurant” keepers finally found themselves compelled to go—at the urgent suggestion of a fellow French Restaurant keeper, Jean Loupy.
Loupy was proprietor of the French Restaurant known as the “Pup.” At Loupy’s place Ruef maintained a sort of headquarters. There he took his dinner practically every night, entertained friends and received his henchmen.
Ruef had from time to time acted as Loupy’s attorney. He had also loaned Loupy money. At the timeof the French Restaurant troubles, Loupy, according to his testimony, owed Ruef $1000.
When the closing of the French Restaurants seemed inevitable, this Loupy brought word to the French Restaurant proprietors that Ruef would represent them all before the Police Commission for $7000 a year,[124]on a contract for two years. The sum was finally cut to $5000,[125]$10,000 for the two years. For the first year “Marchand’s,” “Delmonico’s,” “The New Poodle Dog” and the “Bay State” paid $1175 each. Loupy for the “Pup,” on the grounds that he had been put to considerable expense and was a poorer man than the others, paid only $300.[126]
The money being paid over to Ruef,[127]Ruef appeared before the Police Commissioners, as has already been told, with his plan for regulating the French Restaurant business in San Francisco.
Ruef’s arrangements with the French Restaurantkeepers were concluded during the first week in January. Police Commissioner Regan testified that sometime after January 3, Mayor Schmitz asked him to vote to restore the French Restaurant licenses.[128]Regan objected on the ground that it was not right to ask him to vote first one way and then another. With Commissioners Regan and Hutton voting against issuing the licenses, the licenses could not be granted. Either Hutton or Regan had to change their attitude, or one of them had to be removed from office. Police Commissioner F. F. Poheim testified at the Schmitz trial that at a conference on the French Restaurant problem held early in January, 1905, which he and Schmitz attended, Schmitz announced: “We will have to give these people (the French Restaurant proprietors) their licenses if we can. If we cannot do anything else we will have to remove Hutton.”
And during the week following Ruef’s first appearance before the commissioners as representative of the French Restaurants, Mayor Schmitz removed Hutton.[129]The licenses were then issued to the “French Restaurant” keepers.[130]
Much of the story of these transactions was presented to the Grand Jury. But the evidence was not secured without effort. Many of the witnesses were unfriendly; others afraid of the consequences of frank statement of facts. Witnesses disappeared and could not be found. Several known to have testified were threatened and even assaulted. One French Restaurant keeper, before the investigation had been concluded, had been indicted for perjury. Three attorneys who were more or less in touch with the tenderloin situation had been cited for contempt for refusing to answer questions put to them in the Grand Jury room. But point by point the evidence was presented.
The Grand Jury, on the evidence, indicted Schmitz and Ruef on five counts for extortion.[131]Bonds were fixed at $10,000 on each charge, $50,000 for each defendant.
Ruef[132]was released on $50,000 bail.
Schmitz, the day after the indictments were brought, was reported to have started for home from Europe.
Schmitz’s probable reception on his arrival at New York apparently gave keen anxiety at San Francisco.
Heney states that Justice F. W. Henshaw called at his (Heney’s) office and asked Heney, as a favor, to tell him whether Schmitz would be arrested upon his arrival in New York, as William J. Dingee of the Contra Costa Water Company, wanted to arrange for Schmitz’s bail in New York City. William F. Herrin of the Southern Pacific Company is credited with interesting himself in Schmitz’s behalf in arranging for the bond that was furnished when Schmitz reached San Francisco. Schmitz’s bond was furnished by Dingee and Thomas Williams, president of the New California Jockey Club. The New California Jockey Club operated the notorious Emeryville racing and gambling establishment. Mr. Dingee was at the time one of California’s most prominent capitalists.
The indictments against Schmitz and Ruef were returned November 15. Schmitz reached San Francisco on his return from Europe on November 29.[133]He at once joined with Ruef in the fight to prevent the issue raised by his indictment being presented to a trial jury.
The two defendants were to have been arraigned on December 3, but at their earnest solicitation arraignment[134]was continued until December 6.
On that day the plans of the defendants became apparent. It was seen that they would divide the defense, demanding separate trials; and it was quite as evident that their first move would be an attack upon the validity of the Grand Jury.
Attorneys Frank C. Drew and John J. Barrett appeared for Schmitz, while Ruef was represented by Samuel M. Shortridge and Henry Ach. At the close of the proceedings, Ach asked that subpoenas be issued for the members of the Grand Jury to appear in court the following Monday to testify for the defendants. This meant the examination of the Grand Jurors for bias.The long technical fight to disqualify the Grand Jury had opened.[135]
In the attack upon the Grand Jury, Joseph C. Campbell joined with Schmitz’s attorneys, Drew and Barrett, while Frank J. Murphy and Charles H. Fairall appeared with Shortridge and Ach for Ruef. Ach, in moving to set aside or quash the indictments, stated that the motion was made for Schmitz and Ruef jointly, but that the defendants reserved the right to plead and to be tried separately.
Ach’s motion was based on nineteen counts. The point most insisted upon was that Grand Juror Wallace Wise was disqualified because of his having been on a petty trial jury panel during the current year. Wise, being thus disqualified, Ach argued, the whole indictment failed as much as though the whole nineteen Grand Jurors were disqualified.[136]
Judge Dunne, after a three days’ hearing, swept aside the multitude of technical objections which the various attorneys for the defense had advanced. In particular did he refuse to declare the whole nineteen Grand Jurors disqualified, because of the alleged disqualification of Juror Wise.
The prosecution had gained another point in its fight to bring the defendants to trial on the merits of their cases.
But the attack upon the Grand Jury had scarcely begun. After Judge Dunne’s ruling, the nineteen Grand Jurors were to be put on the stand and examined one by one for bias.[137]The defense went further, and hadRudolph Spreckels up to question him as to his motives in guaranteeing a fund for the investigation of graft conditions.[138]District Attorney Langdon was also placed on the stand to be examined as to his motive in appointing Heney his assistant. He denied most emphatically that he had appointed Heney for the sole purpose of instituting criminal proceedings against Ruef and Schmitz.
The examination of Grand Jurors, prosecutors and citizens lasted from December 17 until January 22. On the last named date, Judge Dunne denied the motion to set aside the indictments for bias. The prosecution had gained another step toward bringing the defendants to trial.
Judge Dunne stated that he was ready to set the cases for trial the next day. But the defendants hadanother delaying play. They demurred to the indictments. The demurrers were not disposed of until February 18.
In the meantime, the defense had made several complicating moves. The first of these was an application to Judge Graham to have the case against Schmitz transferred from Judge Dunne’s court. At the same time Schmitz surrendered himself to the Sheriff, and applied to the Supreme Court for a writ of habeas corpus, and a writ of prohibition, setting up the points already raised in Judge Dunne’s court against the indictments. The Supreme Court finally decided against Schmitz.
But there remained another way of having the case transferred from Judge Dunne’s court. The law governing changes of venue could be changed by the Legislature. The 1907 Legislature had convened early in January. A measure was introduced in both Senate and Assembly under the terms of which a defendant in a criminal action was permitted to secure a transfer of his case from one court to another by merely filing affidavit of his belief that he could not get fair trial in the court in which his case was pending.[139]The measure wasknown as the “Change of Venue Bill.” Its chief supporter in the Legislature was George B. Keane.
Keane was not only clerk of the Board of Supervisors, but he was a member of the State Senate representing a San Francisco district. Keane championed the “Change of Venue Bill.”[140]The measure passed the Assembly, but failed of passage in the Senate. Ruef in his efforts to escape trial before Judge Dunne had lost again.
Early in February, when the efforts of Schmitz and Ruef to evade trial were being pressed the hardest, agitation against the Japanese gave Schmitz opportunity notonly to absent himself from the State, thus bringing the proceedings so far as they applied to him, to a standstill, but to restore his prestige. Schmitz was quick to avail himself of the situation.
The question of admitting Japanese to California schools was then under consideration at Washington. A request was extended the San Francisco Board of Education, through California Congressmen, that the members of the board go to Washington for conference with the government authorities. Members of the board held consultation with Schmitz, after which word was circulated about the State that in defense of the public schools against the Japanese, Schmitz must, on behalf of San Francisco and California, go to Washington.
A telegram was received from Congressman Julius Kahn, a close supporter of Ruef and Schmitz, who represented a San Francisco district in Congress, stating that “at the request of the President and Secretary of State we ask you to come here immediately for a conference with them and the California delegation.”
Schmitz started for Washington on February 3.[141]He was absent from San Francisco until March 6. He did not, however, as had been predicted, return amid popular acclaim. The outcome of the Washington negotiations was not satisfactory to California. There waspopular belief that the Mayor’s mission had failed. At the State line Schmitz received the startling word that Ruef was a fugitive from justice; that Sheriff O’Neil had failed to discover the fugitive’s whereabouts and had been disqualified. During the month of his absence from San Francisco, the Mayor was soon to learn, events of tremendous importance to himself and to his administration had occurred.