[229]The position of the Prosecution was most difficult. Every department of the municipal government, with the exception of the District Attorney’s office, was controlled by the corrupt administration, of which Schmitz was the official head. The necessity of dealing with Ruef, and the question of immunity arose primarily and almost entirely, from the fact that there was practically no evidence against Schmitz, except in the French restaurant case, and that there was no evidence in that case that Schmitz received any of the money which was collected by Ruef. Consequently without Ruef’s testimony no conviction of Schmitz was possible at all except in the French restaurant case, and in that case his conviction was not at all certain. Union Labor party adherents were naturally unwilling to believe Schmitz guilty until he had been so proven. The big public service corporations and Herrin of the Southern Pacific were all still in sympathy with him and ready to back him for re-election. An election was approaching early in November. The redemption of the city depended upon taking its control away from Schmitz. The Police Commission and the Board of Public Utilities were part of the corrupt and discredited administration. During the rebuilding of San Francisco it was of vital importance to have these two boards honest. Hence the Prosecution felt justified in going to unusual length to secure the additional testimony against Schmitz, which ought to make his conviction certain in the French restaurant case, and thus immediately depose him from office and place the entire city government in the hands of honest men. The new Mayor could appoint a new Board of Supervisors, new Police Commission and new Board of Public Works, as well as many other important officials; and such new Mayor and Supervisors would be reasonably sure of re-election. Agents of the Public Service corporations realized to the full extent the importance of preventing the conviction of Schmitz, and of forcing the prosecution to submit to the appointment of a new Board of Supervisors before any conviction of Schmitz could possibly be secure so that the new Board of Supervisors, so selected through Schmitz by themselves, would have the power of appointing the new Mayor in case Schmitz were convicted. This new Mayor could appoint a new Police Commission and it in turn a new Chief of Police, and the new officials would be controlled by the same interests which controlled the old ones.[230]For fuller discussion of this testimony see Chapter “Ruef and Schmitz Indicted.”[231]“You have not,” said Heney to the trapped boss, “told us all the truth in the United Railroads case. You have not told us all the truth in the case of the gas rate matter. You have not told us all the truth in the Bay Cities Water deal. You have not told us all the truth about the deal with Herrin in relation to the delegates from this city to the Santa Cruz convention. You have not told us all the truth in the telephone franchise matter. You lied to us in the Parkside matter, and I caught you at it before the Grand Jury. You tried to protect Will Crocker in that matter and told Burns before you went into the Grand Jury room that you had never spoken to him on the subject. You swore to the same thing in the Grand Jury room until you cunningly guessed from my questions that Will Crocker himself had told the truth to the Grand Jury, and that I was getting you in a bad hole; you then suddenly pretended to just remember that you had held one conversation with Will Crocker on the trolley franchise matter at the Crocker National Bank that lasted a half an hour, and that you had held another conversation on the street with Will Crocker on the same subject at the corner of California and Kearny streets, which lasted an hour. You had not forgotten either of those talks, but you did not think Will Crocker would testify to them and you wanted to curry favor with him by thus making him think you wanted to protect him, and you did it because he is rich and powerful. You wanted his influence hereafter to help keep you out of trouble, because you have no idea of acting in good faith with the prosecution. I don’t believe you ever acted in good faith with anybody in your life, but you have over-reached yourself this time.”—See Affidavit of Francis J. Heney, in The People vs. Patrick Calhoun et als., No. 823.[232]This answer came in the face of strong objection from Schmitz’s counsel. Mr. Campbell went so far as to direct Schmitz not to answer. Mr. Barrett’s objection was expressed in a way that caused Judge Dunne to order him to his seat. The several objections were overruled and the witness was directed to answer the question.[233]Heney, in an affidavit filed in the case of The People vs. Patrick Calhoun et al., No. 823, says of Ruef’s appearance: “I did not at any time see or speak to Ruef, except when he was on the witness stand, and then only from a distance and in open court in the regular course of the trial and in the performance of my duty as a prosecuting officer.”[234]Where Schmitz spent the night of Thursday, June 13, the night of his conviction, is a matter of dispute. Sheriff O’Neil insists that he spent the night in jail. This has been denied. The statement has been made, apparently on good authority, that all of Friday following, Schmitz, accompanied by Dominic Beban, a deputy sheriff and State Senator from San Francisco, was about town in an automobile. But on Saturday, Judge Dunne warned the sheriff that Schmitz was to be treated as any other prisoner. After that day, pending his appeal to the higher courts, Schmitz was confined in the county jail. Attorney J. C. Campbell made a hard fight to keep his client out of jail. Among other things, Mr. Campbell held that the Mayor had so much official business to attend to that it was practically necessary for him to be in his office all the time for the next month.Schmitz, under this conviction, was sentenced to serve five years in the penitentiary.[235]As early as March 20, 1907, two days after the Supervisors gave their confession to the Grand Jury, The Chronicle touched upon the growing resistance to the prosecution. It said:“In the leading political clubs there is talk of Governor Gillett removing Mayor Schmitz and appointing a successor. This is in the line of gossip, however, for there is a legal question involved, the framers of the municipal Charter having provided no means for the removal of the head of the municipal government should he be found criminally derelict. There is also some talk of Schmitz resigning if Heney will vaccinate him and render him immune from punishment for his offenses, as he is said to have done with the Supervisors. Another angle of the gossip in this regard is that the Mayor will appoint a Board of Supervisors picked by prominent merchants and professional men who have organized for the purpose of redeeming San Francisco from the toils of the grafters.”[236]The Chronicle, in its issue of April 3, in discussing this phase of the situation, said:“The spectacle of the entire legislative body of a city confessing to the acceptance of great bribes is astonishing. Their continuance in office and consultation with the good citizens as to the best methods of restoring good government is unique. In many parts of the country there is outspoken disapproval of the course which is being taken, and loud declarations that if there were any good citizenship in San Francisco the confessed rogues would be driven out of office and hustled into the penitentiary. It is declared that in granting ‘immunity’ to these Supervisors the city is again disgraced. Of course, all this is absurd. In the first place, there is no evidence and little probability that immunity has been promised to anybody. Secondly, if the present Supervisors should resign Schmitz would promptly fill their places with men whom he can more implicitly trust but who would not be subject to indictment or in any way amenable to decent influence. As for Schmitz, he will remain Mayor until he is convicted of crime. The public does not know how that conviction is to be got. It is supposed that some Supervisor can give part of the necessary evidence, but no Supervisor can be compelled to give any evidence at all, and they probably would give none, if driven out. They are not obliged to criminate themselves. As for Schmitz, he is still defiant. He apparently does not believe that under the legal rules of evidence he can be convicted of what he evidently did. The journals which contrast our slow movement with the swift punishment which befell briber and bribed when the Broadway street railroad franchise was purchased doubtless do not understand that the laws and court procedure in California are designed not to convict criminals, but to aid their escape from justice, and that when Jake Sharp bought the New York Aldermen he did not also buy the authority which filled vacancies in the Board. As the situation in this city is unique, so, also, must be our methods of dealing with it. It may be that every Supervisor ought to be promptly indicted but it is certain that that is the one thing most ardently desired by the innumerable company of grafters outside the board. And it may not be but to help them.”[237]Keane had two champions on the board, however. Supervisors J. J. O’Neil and O. A. Tveitmoe. They resisted Keane’s discharge, denouncing it as unwarranted and cowardly. Mayor Schmitz vetoed the resolution removing Keane. The Supervisors, however, adopted the resolution over the Mayor’s veto.[238]The San Francisco Call, in its issue of June 10, 1907, said of Schmitz’s continued hold on the Police Department:“The Call has never attached much importance to the well meant efforts of the various citizens’ committees to persuade Mayor Schmitz to reorganize the police force and the governing commission of that body. It is easy to understand that Schmitz might engage in some such transaction or bargain if he could be shown his own advantage therein, but that he would surrender control of his most valuable personal asset at this time or, indeed at any other time, was scarcely conceivable in view of the character of the man. This is said advisedly. It is notorious that Schmitz all through his long session in office has treated his control of the police not as a public trust for the common good, but as so much personal property to be used to the limit for his private advantage. Therefore, when Schmitz, in the first instance, gave a committee some sort of pledge that he would comply with its desire or requests, there was a very natural suspicion that the terms of the bargain as a whole had not been disclosed. There was the insistent inquiry, ‘What does Schmitz get by the bargain?’“That question has never been answered from the inside and probably will not be answered, but the committee very shortly quit in disgust, realizing, doubtless, that Schmitz wanted something it could not grant as a consideration for his abandonment of power.“A second committee that took up the work now finds that Schmitz is deaf to its requests for a reorganization of the police force. The lack of discipline in that body has become a public scandal. At its head is seen a man under indictment for felony, the associate of criminals and accused of tampering with veniremen called to try Schmitz—an accusation whose truth he admits. Governor Gillett has expressed the common knowledge that the Chief of Police is incompetent. He might have used a harsher word. But Dinan suits Schmitz. He is the ready and unscrupulous tool. An honest man in the same place would be of no use to Schmitz!”[239]When, through the good offices of a committee of citizens, the difficulties of the iron trades were finally adjusted, The Call took occasion to urge an ending of the stiff-necked policy which kept other employers and employees apart.“In the car strike,” said The Call in its issue of June 1st, “in the telephone strike, in the laundry strike, there is nothing that cannot be disposed of by the same method and through the same agency as those that ended the iron trades controversy. There is no reason why all those disputes cannot be settled reasonably. The conciliation committee stands for public opinion. It voices the demand of the public for peace. No employer can afford to refuse its offices, nor can any representative of the employed afford to decline its offers of mediation. And if this committee, standing as it does for public opinion, could speak withconvictionto the iron masters and their striking workmen, it should be able to deal even more effectively with the car strike and with the telephone strike. Those disputes concern public utilities. Street-cars are run and telephones are operated under and by virtue of grants and privileges made by the people, wherefore the people have the right to intervene when the grantees of those privileges are at war with their employes. The people have the right, at least, to mediate for peace. Mr. Cornelius and Mr. Calhoun, Mr. Scott and the leader of the telephone strikers may refuse to listen to the pacific overtures of the conciliation committee, but if they do they must understand that the price of refusal is the loss of public sympathy and support—elements without which ultimate victory is impossible.“San Francisco has had about enough industrial warfare. The city wants peace, lasting peace. No sane man wants a fight to a finish between labor and capital, or if he does he is San Francisco’s enemy. The adjustment of the iron-workers’ strike is a hopeful sign. It points the way to an end of all bitterness and contention. It augurs an early return to the harmonious relations of those who earn and those who pay wages, relations which are essential to the progress and prosperity of any community. It is the best news of this stormy, stressful month.”[240]The following, issued on May 17, is a fair sample of the statements which Mr. Calhoun gave out during the period of confusion in San Francisco, in the spring and summer of 1907:“To the American People—The newspapers of this city published yesterday afternoon and this morning contain sensational statements purporting to give the testimony of Mr. Abraham Ruef before the Grand Jury yesterday afternoon. It is alleged that he confessed that the United Railroads, through some of its officials, bribed the Supervisors to grant the permit for the overhead trolley over certain of its roads. I do not know if Mr. Ruef made any such statements. If he did, they are untrue. I repeat with renewed emphasis my former declaration that no official of this company ever bribed any one, authorized Mr. Ruef or any one else to bribe anybody, knew of any bribery, or approved of any bribery.“I charge the Prosecution with having prostituted the great office of the District Attorney to further the plans of private malice in the interest of a man who organized the Municipal Street Railways of San Francisco on the 17th day of April, 1906, the day before the earthquake and fire with a capital stock of $14,000,000, of which $4,500,000 were subscribed for as follows: Claus Spreckels subscribed $1,900,000, James D. Phelan subscribed $1,000,000, George Whittell subscribed $500,000, Rudolph Spreckels subscribed $1,000,000, Charles S. Wheeler subscribed $100,000. Ten per cent of the amount subscribed, or $450,000, was paid in cash, as shown by the affidavit of the treasurer of the company, James K. Moffitt, duly filed in the County Clerk’s office.“I charge that, in furtherance of the plans of the private prosecutor to assure evidence that would involve the United Railroads, the District Attorney has been willing to purchase testimony with immunity contracts, purporting to grant immunity to self-confessed criminals, which contracts I am informed were placed in escrow with the private prosecutor, and through which he controls a majority of the Board of Supervisors who, as a member of the prosecution has declared, are ‘dogs’ to do his bidding.“I charge that the District Attorney was in consultation with the members of the self-confessed criminals on the Board of Supervisors in regard to the passage of the resolution holding up the Geary street railroad company, providing for the forfeiture of its license, unless it yielded to the demands of its striking employes.“I charge that while the best element in this community was seeking to preserve law and order the District Attorney was in secret conference with self-confessed criminals, giving aid and comfort to the strikers. Shall his great office be prostituted to the support of lawlessness?“The officials of this company are ready to meet their enemies in the open, and before they are through, they expect to show to the whole country the infamy of the methods of the prosecution, the baseness of the motives of the private prosecutor, his readiness to grant immunity to self-confessed criminals, and the willingness of the prosecution to aid the strikers, even if it involved this community in disorder and bloodshed, provided it furthered the private prosecutor’s personal ends.“The organization of the Municipal Street Railways of San Francisco, the attacks upon the officials of the United Railroads, the immunity granted to self-confessed criminals, the strike of the carmen, the hold-up of the Geary-street Railroad Company, the forfeiture of its license to operate, all seek one common end, the injury of the United Railroads and its officials, and the advancement of the personal schemes of the private prosecutor.“I ask from the American people fair play, and a patient consideration. I ask them to withhold their judgment, freed from the bias naturally created by sensational charges. The contest in which I am engaged is grave, and I cannot afford now to disclose the whole strength of my hand, but before this contest is over, I confidently expect to defeat alike the machinations of Rudolph Spreckels, the 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 firmly established in this community the principles of American liberty, and the triumph of truth and justice.”On May 21 Calhoun issued a statement directly charging the lawlessness in San Francisco to the Prosecution. He said:“The drama is now unfolding itself and the citizens of this city will have an opportunity to fix the responsibility for existing conditions. The prosecution has said that the Supervisors would be ‘good dogs’ and do its bidding. The resolutions concerning the Geary-street line and the United Railroads are on a par with the neglect of the board to see that order is preserved. The prosecution is now responsible for the government of the city: therefore it is responsible for existing conditions, including the failure to suppress violence and to protect life and property.”[241]Although representatives of the Defense had intimated repeatedly that the supporters of the Graft Prosecution had brought on the strike for the purpose of injuring the United Railroads, when the Prosecution attempted to introduce evidence to the contrary, Calhoun’s attorneys resisted.[242]The seven members of the committee were: F. B. Anderson, manager of the Bank of California; Percy T. Morgan, president of the California Wine Association and a director in the Pacific States Telephone and Telegraph Company; F. W. Van Sicklen, president of Dodge Sweeney & Co.; F. W. Dohrmann, president of Nathan, Dohrmann & Co.; Henry Rosenfeld, a shipping and commission merchant; C. H. Bentley, president of the Chamber of Commerce, and Judge Charles W. Slack, who, in 1909, was to be one of the principal supporters of the opposition to the prosecution candidate for District Attorney. Illness compelled Mr. Dohrmann to sever his connection with the committee. Mr. William A. Magee served in his stead.[243]The Chronicle, in its issue of May 19, printed the following as the committee’s declaration of principles:“Declaration of principles by the Committee of Seven and what it intends to do:“We propose to carry out our duty, irrespective of who is affected.“We have adopted the Constitution of the United States as the fundamental basis for our final action.“We intend to bring about a clean condition of affairs in this community and make it safe for habitation by human beings and for the investment of capital.“We shall do nothing in the nature of class legislation and recognize that every element in the community has a right to representation in the government.”[244]In a published statement printed May 19, 1906, Governor Gillett said: “The good citizens of San Francisco are for preserving order and the good name of this city, and protecting the constitutional rights of its people. The Committee of Seven, as I understand it, were appointed for this purpose, and every law-abiding citizen and every loyal paper in this city, the Bulletin with the rest, are expected to strengthen their hands and encourage them in their work.”[245]The failure to enlist Spreckels with the Committee of Seven brought down upon him the condemnation of leaders of the State machine. “My surprise at this attitude of Mr. Spreckels,” said Governor Gillett in an interview printed in The Examiner, May 21, 1907, “is great. It means a bad moral effect on the local industrial disturbance. If a banker like Mr. Spreckels will not act in harmony with the committee from the leading commercial organizations of this city, then I can readily account for the friction all down the line in this city. There ought to be unity of action to get the city out of its present plight, but evidently the leading business men of the town, for reasons I certainly cannot understand, are not in a mood to act in harmony.”[246]When the Committee of Seven retired, May 20, Committeeman Slack issued the following statement:“The Committee of Seven yesterday decided that nothing could be accomplished by it, in view of the attitude of Mr. Spreckels and Mr. Heney. We met those gentlemen for the fourth time yesterday morning and were informed that they could not act with us. Mr. Spreckels declared, in spite of assurances to the contrary from every member of the committee, that he believed Herrin and Calhoun to be behind us. We had agreed, in the first place, that nothing should be done which would interfere in any way with the work of Mr. Spreckels and Mr. Heney. When we went to them and asked their co-operation they declined to co-operate. Under the circumstances we felt that the committee could not be of any further value and asked to be discharged.“I think Mr. Spreckels was sincere in his belief that we represented interests opposed to him, and I have nothing but the kindest feelings toward him, although I believe that he was mistaken. I believe the other members of the committee are with me in this.“My acquaintance with Mr. Herrin is only of the most casual sort, and I should be more likely to act against rather than for him. I do not know Mr. Calhoun at all.“It is with great regret that the committee has abandoned the work which it felt called upon to undertake, and only the belief that without the assistance of Mr. Spreckels its work would be valueless led it to take this step.”[247]Governor Gillett’s suggestions were contained in a statement published in the San Francisco papers on May 25th. It was as follows:“Mr. Cornelius, as president of the Carmen’s Union, and the other labor leaders of San Francisco can bring an end to the acts of violence that are committed daily in this city if they will, and in the event that they don’t they will be held morally responsible for what happens in the future, if anything of a serious nature does happen.“San Francisco does not want to see the State troops enter the city. It is better for the labor unions, the citizens, the city and the State that they should not take charge of affairs, but I will say, if this violence continues and increases the militia will be brought in and will take charge of affairs. Nothing along that line has been planned as yet and the State will wait a reasonable length of time for conditions to be adjusted.“Something must be done. There must be a strong governing body to take charge of affairs, and along this line I have one suggestion to make. Let the various civic bodies of San Francisco get together and appoint a committee of twenty-five or fifty from their members, a committee of strong-minded men who will not allow politics to enter into the question, and who will fight for San Francisco as plain citizens interested in the welfare of the city.“Such a committee could accomplish much. The first step to be taken would be to demand the appointment of a new police commission, the removal of officers in charge of districts who are incompetent, and the substitution of competent, firm men.“Mayor Schmitz would not dare to refuse to accede to the demands of such a committee, and if the body acted with a firm hand the citizens would soon see an improvement in conditions.“The executive committee, which appointed the Committee of Seven can bring about the organization of such a body as I suggest. It was noticeable that when the Committee of Seven took hold of affairs there was less violence for a couple of days, but as soon as the body tendered its resignation there was an increase in these acts of violence.“Acts of violence must cease. No self-respecting community will permit a reign of crime day after day, the throwing of bricks and other missiles, the use of vile and abusive language, and the beating of men walking along the streets peaceably. Then, too, we have our wives and daughters to think of. Conditions are certainly deplorable when they cannot go upon the streets of a great city like San Francisco without being compelled to hear obscene language and witness acts of violence such as have been committed within the last three weeks.“There are strong men here, and if they set about the matter in the right way there will be no occasion for the entrance of the State troops into the city.”[248]See footnote229,page 206.[249]Of the eighteen Supervisors, two, O’Neil and Tveitmoe, had been appointed by Mayor Schmitz to fill vacancies after the bribery transactions. They were in no way involved in the briberies. They were, therefore, independent of the District Attorney. O’Neil put Tveitmoe in nomination against Gallagher. “What is the difference,” demanded O’Neil, “between Eugene E. Schmitz and James L. Gallagher?” Gallagher’s face went red with rage, but there was no way of silencing the critic.[250]This tardiness of appointment was not due to any lack of candidates. Practically every faction in San Francisco had its choice for Schmitz’s successor.[251]The election of Boxton to be Mayor may be called the refinement of cruelty. His elevation to high executive office but emphasized the shame of his position. From taking his oath of office he was rushed to the witness stand to testify against Louis Glass on trial for participation in bribing him to oppose the granting of the Home Telephone Company franchise. D. M. Delmas was conducting the case for the defense. Delmas suavely turned Boxton’s elevation to account. He scrupulously addressed Boxton as the “Mayor.” And, in comparison, he wrung from the new Mayor’s lips: “I took bribes and was a spy for Halsey.”Nor did Delmas confine his refined ridicule to the unhappy Mayor Boxton. Heney had, for example, asked the court to take judicial notice of the fact that while Schmitz was in Europe, Gallagher had served as acting Mayor.“I don’t think,” interrupted Delmas, “your honor will extend your judicial knowledge that far, because that would be to keep track of the change of Mayors here, and it would keep you too busy to discharge your duties.”A grim party surrounded Boxton while he took his oath of office. Boxton gave no evidence of pride of his new station.“When I think,” he said during a lull in the proceedings, “of the things that have come into my life in the last ten years, I realize how few of them were of my own planning. When we came back from Manila, I had no idea of politics, but they insisted in making heroes of us, and I had to run for Supervisor. Now I wish I had not done it.”Later on he gave out the following interview:“This has come to me as a great surprise. I very much regret the circumstances which have led up to this appointment. I hope the people will bear with me for the few weeks that I am in office. As to my official policy, I cannot discuss that at present.“You know, it is with a feeling of sadness I take the office. I am glad it is a temporary appointment and will last only a short time. I didn’t know when I told you this morning that I was willing to do whatever was thought best, either to remain in office or to resign from the board, that this would be put upon me. I am sorry they have asked me to take the office, and will be glad when it is over. The only thing I can say is that I believe during the short time I will hold the office the people will have no cause to—--”Boxton halted for his words—“Again find fault with me.”The Examiner commenting upon Boxton’s elevation, said “Having put ourbribe-takingMayor in jail, and having put in his place a taker of smaller bribes, we have now substituted for Gallagher, Boxton, who differs from Gallagher principally in having sold his vote for still less of the bribing corporations’ money.”[252]The District Attorney’s statement of his plan to the various organizations concerned will be found in full on page xxii of the Appendix.[253]The Chronicle, however, endorsed Langdon’s plan, and urged the several labor and industrial bodies to participate. “As the matter appears at present,” said The Chronicle, “the prosecution has resorted to the only safe and reasonable plan of restoring good government, and fault-finding with the method adopted will be confined to the hyper-critical and those who imagine that they would find profit in a continuance of unsettled conditions.”[254]The resolutions adopted by the Building Trades Council rejecting Langdon’s plan for reorganization of the municipal government, were as follows:“Whereas, An invitation has been received by this council from the District Attorney of this city and county, requesting this council appoint seven delegates to participate in a convention composed of thirty delegates, made up of fifteen representatives from the labor organizations of this city and fifteen representatives from the civic organizations outside of the labor organizations; and whereas, said convention is to be called for the purpose of selecting a person to be appointed Mayor of the City and County of San Francisco; and whereas, at this time this council is not possessed of sufficient information upon the subject to determine whether or not the action proposed to be taken by the convention would be legal, and whether or not such action, if taken, would not lead to a multiplicity of suits by reason of the appointment to an office where a doubt as to the vacancy in said office exists, and as a result lead to endless litigation and regrettable confusion; and whereas, those who have arrogated to themselves the duty of guiding the destinies of the entire municipality of San Francisco only last Tuesday, by the exercise of assumed power, through the Board of Supervisors, placed in the Mayor’s chair one who is to their own knowledge legally disqualified, to the exclusion of one or the other of two gentlemen who are members of that board in the personnel of O. A. Tveitmoe and J. J. O’Neil, whose characters, both public and private, are above reproach; and whereas, the Building Trades Council was organized and is maintained for the purpose of directing, protecting and conducting the building industry from the standpoint of the journeymen with justice alike to the owner, contractor and artisan, and not for the purpose of making mayors through the instrumentality of star chamber conventions, thereby usurping the rights and prerogatives of the people; therefore, be it“Resolved, That this Building Trades Council, in regular meeting assembled, instruct its secretary to acknowledge the receipt of the said invitation, and decline to act thereon for the reasons herein stated.”[255]Langdon’s reply to the objections of the Merchants’ Exchange was as follows:“We cannot entertain any such proposition at this date. We have already had submitted to us, and have considered at least one hundred plans for calling an electoral convention, and after carefully deliberating on all these plans, decided upon the plan which we have announced. This plan gives the opposing factions of labor and capital each an equal representation in the electoral body. The responsibility of deciding who shall be the Mayor is distinctly imposed on the two most important factions in the community, and as far as giving a square deal to everybody, we do not see how our announced plan can be improved upon. Certainly the addition of fifteen delegates appointed by any special committee cannot improve the plan. In our announcement it has been clearly stated that all the commercial and labor organizations called have until Saturday to name their delegates, and these delegates will assemble next Monday to nominate the new Mayor. The plan announced will not be modified in any way. It places the issue squarely before the people and if they do not wish to act upon it we cannot help it.“In regard to the proposition to permit the electoral convention to name sixteen new Supervisors, I will say that while there is no objection to it, we do not think it is wise to incorporate it in our present plan.”[256]Schmitz’s resistance of the elevation of Gallagher no doubt influenced the aged Justice in his refusal. From the county jail Schmitz continued to insist that he was still the de facto Mayor of San Francisco. The Chief of Police, himself under indictment, sided with Schmitz. Gallagher during his eventful term blocked by the police, was not permitted to enter the Mayor’s office. When Boxton was made Mayor, Langdon went with him to the Mayor’s office and seized the furniture. Schmitz’s partisans boasted that the Mayor would be released on bail, march with his followers to the meeting place of the Supervisors, and, with the aid of the police, oust Gallagher by force. Schmitz’s resistance made itself felt in many ways. For example, an athletic club had arranged for a boxing match, for which a permit signed by the Mayor had to be issued. Gallagher had signed the permit. Chief of Police Dinan, however, refused to recognize it unless it were signed by Schmitz. The manager of the affair was compelled to go to the county jail for Schmitz’s signature. Schmitz notified the bondsmen of City Treasurer Charles A. Bantel that he would hold them responsible for any moneys paid out by Bantel without his (Schmitz’s) signature. The bondsmen notified Bantel that as a matter of precaution he must have the signature of Schmitz as well as that of Gallagher as authorization for paying out funds. This precautionary course was followed to its logical conclusion. On July 12, a contractor by the name of J. J. Dowling cashed a municipal warrant which bore the signatures of no less than three Mayors, Schmitz, Gallagher and Boxton.Late in June, Schmitz sent to the auditor warrants signed by himself for June salaries for himself, his secretary, his stenographer and his usher. The auditor decided to allow these warrants for that part of the month up to the date of Schmitz’s conviction. San Francisco allows its Mayor $300 a month for contingent expenses. Both Schmitz and Gallagher claimed this $300 for July. The auditor decided to recognize neither claim. In answer to Schmitz’s demand that Gallagher be ignored as Mayor, the auditor sent the imprisoned executive a soothing or grimly humorous letter, as one may view it, in which he recognized Schmitz as the de jure Mayor, possessing “the honor and the title,” and Gallagher “simply as a de facto Mayor,” possessing the office.When the bribe-taking Supervisors resigned, Schmitz, from the county jail, appointed their successors. Seven of these Schmitz appointees actually took the oath of office. On the night of Taylor’s election to succeed Boxton as Mayor, one of Schmitz’s appointees, Samuel T. Sawyer, appeared before the board and demanded that he be sworn in as Supervisor. Gallagher, who was presiding refused to recognize Schmitz as Mayor and refused Sawyer a seat.Even after Taylor had been elected, Chief of Police Dinan continued to recognize Schmitz as Mayor. Dinan, for example, placed the automobile maintained by the city for the use of the Mayor, under guard of a policeman and for several days prevented Mayor Taylor securing it.Mayor Taylor gave effective check to this harassing opposition by refusing to sign warrants upon the treasury which bore Schmitz’s signature. Gradually Schmitz’s resistance to the new order died out.Schmitz contented himself with issuing a statement through the Associated Press that he would be a candidate for re-election. He said:“You may announce that I will be a candidate for re-election this fall, and that I expect to win. I have already begun my campaign in a preliminary way, and shall carry it forward steadily from this time. I have no fear of the race. I am willing to make it without the aid of the Ruef organization, whose support I had in each of the three campaigns since 1901. Presumably that organization no longer exists, but its component parts, though scattered, are as much in existence as ever. It is up to me to gather them together and cement them into an organization of my own—a task I am prepared to undertake.”[257]Dr. Edward Robeson Taylor was born at Springfield, Ill., Sept. 24, 1838. He came to California in 1862, In 1865 he graduated from the Toland Medical College. In 1872, he was admitted to the California bar. He served as dean of the Hastings College of Law. For thirty years he was Vice-President and President of the Cooper Medical College. He was one of the freeholders who framed the present San Francisco municipal charter, and at the time of his selection as Mayor, had served San Francisco and the State in many important public capacities.[258]Dr. Taylor’s selection gave general satisfaction. “My belief is,” said Governor Gillett in a published interview, “that Joe will make an able and trustworthy executive. It is particularly fortunate that he is identified with no factional politics and can work for a clean reorganized administration of the city government.”“The most important feature connected with the selection,” said the Chronicle, “is the doctor’s absolute freedom from alliances with any particular interest. He is free from all entanglements, and his ability and firmness of character give assurance that his efforts will be wholly directed to bettering the condition and restoring the confidence of the community. We repeat that San Francisco owes the doctor a debt of gratitude for sinking considerations of personal comfort and devoting himself to the general welfare, and that the prosecution has acted wisely in selecting and inducing him to act.”On the other hand, The Examiner ridiculed the selection. Labor Union party leaders of the type of P. H. McCarthy were loud in expressions of their disapproval.[259]Mayor Taylor, the day of his election, issued the following statement:“I accepted this office with much reluctance, and only because I believed that any man who was requested to serve the city in this capacity in the hour of her need should heed the request, no matter what the personal sacrifice might be.“Had any pledges been exacted of me by those who tendered the office, I would not have considered the tender for one-thousandth part of a second.“I would not submit to any dictation in the administration of the office, nor do I believe that any one who knows me would attempt to dictate to me.“If I am called upon to appoint a Board of Supervisors, I will select the very best men who can be induced to accept the offices, and I shall exercise my own judgment as to who are the best men.“I am going to do the best I can for the city without regard to partisan politics, and, so far as I am concerned, there will be no partisan politics.“As Mayor of this city, every man looks just as tall to me as every other man.“The first essential to good government is perfect order, and I shall employ every arm of the law to the end that such order shall prevail.“I believe in autonomy in every department of the city government, and I believe that commissioners should be permitted to administer the affairs of their respective departments, free from dictation, as long as they demonstrate by their acts that they are honest and competent.”[260]The citizens named by Dr. Taylor to act as Supervisors were:Dr. A. A. D’Ancona, dean of the Medical Faculty of the University of California; Harry U. Brandenstein, attorney and former Supervisor; Gustave Brenner, capitalist and retired merchant; James P. Booth, newspaperman and former Supervisor; A. Comte, Jr., attorney and former Supervisor; George L. Center, real estate; Bernard Faymonville, vice-president Firemen’s Fund Insurance Company; E. J. Molera, civil engineer and president of the Academy of Science; W. G. Stafford, president of the W. G. Stafford & Co., coal merchants; Henry Payot, retired merchant and former Supervisor; Matt I. Sullivan, attorney; Thomas Magee, real estate; Lippman Sachs, capitalist and retired merchant; L. P. Rixford, architect; C. A. Murdock, printing and bookbinding; D. C. Murphy, attorney.A. Comte, Jr., successor of Supervisor McGushin, did not take office until several days after his associates on the new board. This was due to McGushin’s hesitation about resigning. Mr. McGushin finally resigned, however, and Comte was named in his stead.Of the Taylor Board of Supervisors, The Chronicle, in its issue of July 27th, said:“Mayor Taylor’s choice of men for the new Board of Supervisors will fortunately not meet universal approval. It will satisfy all honest men who regard public office as a public trust and not as a private snap, but it will not satisfy those who are accustomed either to actually corrupt public servants or to use a secret pull to obtain private and undue advantage. It will not satisfy the criminal element who thrive by the wide-open town, and who abhor a Board of Supervisors who will back up an honest and capable Mayor.“The board which the Mayor has selected may be safely accepted as the leaders of the people. All interests are recognized except that of the boodlers. The city has many knotty problems to solve. Somebody must work them out. Probably no two capable and honest men would resolve the various doubts which will arise in precisely the same way, and yet out of all the possible ways in each case some particular way must be chosen. And it will be the duty of the Mayor and Supervisors, in the light of much more information than the majority of us can obtain, to select that way. And when it has been determined all patriotic citizens must get behind them.”
[229]The position of the Prosecution was most difficult. Every department of the municipal government, with the exception of the District Attorney’s office, was controlled by the corrupt administration, of which Schmitz was the official head. The necessity of dealing with Ruef, and the question of immunity arose primarily and almost entirely, from the fact that there was practically no evidence against Schmitz, except in the French restaurant case, and that there was no evidence in that case that Schmitz received any of the money which was collected by Ruef. Consequently without Ruef’s testimony no conviction of Schmitz was possible at all except in the French restaurant case, and in that case his conviction was not at all certain. Union Labor party adherents were naturally unwilling to believe Schmitz guilty until he had been so proven. The big public service corporations and Herrin of the Southern Pacific were all still in sympathy with him and ready to back him for re-election. An election was approaching early in November. The redemption of the city depended upon taking its control away from Schmitz. The Police Commission and the Board of Public Utilities were part of the corrupt and discredited administration. During the rebuilding of San Francisco it was of vital importance to have these two boards honest. Hence the Prosecution felt justified in going to unusual length to secure the additional testimony against Schmitz, which ought to make his conviction certain in the French restaurant case, and thus immediately depose him from office and place the entire city government in the hands of honest men. The new Mayor could appoint a new Board of Supervisors, new Police Commission and new Board of Public Works, as well as many other important officials; and such new Mayor and Supervisors would be reasonably sure of re-election. Agents of the Public Service corporations realized to the full extent the importance of preventing the conviction of Schmitz, and of forcing the prosecution to submit to the appointment of a new Board of Supervisors before any conviction of Schmitz could possibly be secure so that the new Board of Supervisors, so selected through Schmitz by themselves, would have the power of appointing the new Mayor in case Schmitz were convicted. This new Mayor could appoint a new Police Commission and it in turn a new Chief of Police, and the new officials would be controlled by the same interests which controlled the old ones.
The position of the Prosecution was most difficult. Every department of the municipal government, with the exception of the District Attorney’s office, was controlled by the corrupt administration, of which Schmitz was the official head. The necessity of dealing with Ruef, and the question of immunity arose primarily and almost entirely, from the fact that there was practically no evidence against Schmitz, except in the French restaurant case, and that there was no evidence in that case that Schmitz received any of the money which was collected by Ruef. Consequently without Ruef’s testimony no conviction of Schmitz was possible at all except in the French restaurant case, and in that case his conviction was not at all certain. Union Labor party adherents were naturally unwilling to believe Schmitz guilty until he had been so proven. The big public service corporations and Herrin of the Southern Pacific were all still in sympathy with him and ready to back him for re-election. An election was approaching early in November. The redemption of the city depended upon taking its control away from Schmitz. The Police Commission and the Board of Public Utilities were part of the corrupt and discredited administration. During the rebuilding of San Francisco it was of vital importance to have these two boards honest. Hence the Prosecution felt justified in going to unusual length to secure the additional testimony against Schmitz, which ought to make his conviction certain in the French restaurant case, and thus immediately depose him from office and place the entire city government in the hands of honest men. The new Mayor could appoint a new Board of Supervisors, new Police Commission and new Board of Public Works, as well as many other important officials; and such new Mayor and Supervisors would be reasonably sure of re-election. Agents of the Public Service corporations realized to the full extent the importance of preventing the conviction of Schmitz, and of forcing the prosecution to submit to the appointment of a new Board of Supervisors before any conviction of Schmitz could possibly be secure so that the new Board of Supervisors, so selected through Schmitz by themselves, would have the power of appointing the new Mayor in case Schmitz were convicted. This new Mayor could appoint a new Police Commission and it in turn a new Chief of Police, and the new officials would be controlled by the same interests which controlled the old ones.
[230]For fuller discussion of this testimony see Chapter “Ruef and Schmitz Indicted.”
For fuller discussion of this testimony see Chapter “Ruef and Schmitz Indicted.”
[231]“You have not,” said Heney to the trapped boss, “told us all the truth in the United Railroads case. You have not told us all the truth in the case of the gas rate matter. You have not told us all the truth in the Bay Cities Water deal. You have not told us all the truth about the deal with Herrin in relation to the delegates from this city to the Santa Cruz convention. You have not told us all the truth in the telephone franchise matter. You lied to us in the Parkside matter, and I caught you at it before the Grand Jury. You tried to protect Will Crocker in that matter and told Burns before you went into the Grand Jury room that you had never spoken to him on the subject. You swore to the same thing in the Grand Jury room until you cunningly guessed from my questions that Will Crocker himself had told the truth to the Grand Jury, and that I was getting you in a bad hole; you then suddenly pretended to just remember that you had held one conversation with Will Crocker on the trolley franchise matter at the Crocker National Bank that lasted a half an hour, and that you had held another conversation on the street with Will Crocker on the same subject at the corner of California and Kearny streets, which lasted an hour. You had not forgotten either of those talks, but you did not think Will Crocker would testify to them and you wanted to curry favor with him by thus making him think you wanted to protect him, and you did it because he is rich and powerful. You wanted his influence hereafter to help keep you out of trouble, because you have no idea of acting in good faith with the prosecution. I don’t believe you ever acted in good faith with anybody in your life, but you have over-reached yourself this time.”—See Affidavit of Francis J. Heney, in The People vs. Patrick Calhoun et als., No. 823.
“You have not,” said Heney to the trapped boss, “told us all the truth in the United Railroads case. You have not told us all the truth in the case of the gas rate matter. You have not told us all the truth in the Bay Cities Water deal. You have not told us all the truth about the deal with Herrin in relation to the delegates from this city to the Santa Cruz convention. You have not told us all the truth in the telephone franchise matter. You lied to us in the Parkside matter, and I caught you at it before the Grand Jury. You tried to protect Will Crocker in that matter and told Burns before you went into the Grand Jury room that you had never spoken to him on the subject. You swore to the same thing in the Grand Jury room until you cunningly guessed from my questions that Will Crocker himself had told the truth to the Grand Jury, and that I was getting you in a bad hole; you then suddenly pretended to just remember that you had held one conversation with Will Crocker on the trolley franchise matter at the Crocker National Bank that lasted a half an hour, and that you had held another conversation on the street with Will Crocker on the same subject at the corner of California and Kearny streets, which lasted an hour. You had not forgotten either of those talks, but you did not think Will Crocker would testify to them and you wanted to curry favor with him by thus making him think you wanted to protect him, and you did it because he is rich and powerful. You wanted his influence hereafter to help keep you out of trouble, because you have no idea of acting in good faith with the prosecution. I don’t believe you ever acted in good faith with anybody in your life, but you have over-reached yourself this time.”—See Affidavit of Francis J. Heney, in The People vs. Patrick Calhoun et als., No. 823.
[232]This answer came in the face of strong objection from Schmitz’s counsel. Mr. Campbell went so far as to direct Schmitz not to answer. Mr. Barrett’s objection was expressed in a way that caused Judge Dunne to order him to his seat. The several objections were overruled and the witness was directed to answer the question.
This answer came in the face of strong objection from Schmitz’s counsel. Mr. Campbell went so far as to direct Schmitz not to answer. Mr. Barrett’s objection was expressed in a way that caused Judge Dunne to order him to his seat. The several objections were overruled and the witness was directed to answer the question.
[233]Heney, in an affidavit filed in the case of The People vs. Patrick Calhoun et al., No. 823, says of Ruef’s appearance: “I did not at any time see or speak to Ruef, except when he was on the witness stand, and then only from a distance and in open court in the regular course of the trial and in the performance of my duty as a prosecuting officer.”
Heney, in an affidavit filed in the case of The People vs. Patrick Calhoun et al., No. 823, says of Ruef’s appearance: “I did not at any time see or speak to Ruef, except when he was on the witness stand, and then only from a distance and in open court in the regular course of the trial and in the performance of my duty as a prosecuting officer.”
[234]Where Schmitz spent the night of Thursday, June 13, the night of his conviction, is a matter of dispute. Sheriff O’Neil insists that he spent the night in jail. This has been denied. The statement has been made, apparently on good authority, that all of Friday following, Schmitz, accompanied by Dominic Beban, a deputy sheriff and State Senator from San Francisco, was about town in an automobile. But on Saturday, Judge Dunne warned the sheriff that Schmitz was to be treated as any other prisoner. After that day, pending his appeal to the higher courts, Schmitz was confined in the county jail. Attorney J. C. Campbell made a hard fight to keep his client out of jail. Among other things, Mr. Campbell held that the Mayor had so much official business to attend to that it was practically necessary for him to be in his office all the time for the next month.Schmitz, under this conviction, was sentenced to serve five years in the penitentiary.
Where Schmitz spent the night of Thursday, June 13, the night of his conviction, is a matter of dispute. Sheriff O’Neil insists that he spent the night in jail. This has been denied. The statement has been made, apparently on good authority, that all of Friday following, Schmitz, accompanied by Dominic Beban, a deputy sheriff and State Senator from San Francisco, was about town in an automobile. But on Saturday, Judge Dunne warned the sheriff that Schmitz was to be treated as any other prisoner. After that day, pending his appeal to the higher courts, Schmitz was confined in the county jail. Attorney J. C. Campbell made a hard fight to keep his client out of jail. Among other things, Mr. Campbell held that the Mayor had so much official business to attend to that it was practically necessary for him to be in his office all the time for the next month.
Schmitz, under this conviction, was sentenced to serve five years in the penitentiary.
[235]As early as March 20, 1907, two days after the Supervisors gave their confession to the Grand Jury, The Chronicle touched upon the growing resistance to the prosecution. It said:“In the leading political clubs there is talk of Governor Gillett removing Mayor Schmitz and appointing a successor. This is in the line of gossip, however, for there is a legal question involved, the framers of the municipal Charter having provided no means for the removal of the head of the municipal government should he be found criminally derelict. There is also some talk of Schmitz resigning if Heney will vaccinate him and render him immune from punishment for his offenses, as he is said to have done with the Supervisors. Another angle of the gossip in this regard is that the Mayor will appoint a Board of Supervisors picked by prominent merchants and professional men who have organized for the purpose of redeeming San Francisco from the toils of the grafters.”
As early as March 20, 1907, two days after the Supervisors gave their confession to the Grand Jury, The Chronicle touched upon the growing resistance to the prosecution. It said:
“In the leading political clubs there is talk of Governor Gillett removing Mayor Schmitz and appointing a successor. This is in the line of gossip, however, for there is a legal question involved, the framers of the municipal Charter having provided no means for the removal of the head of the municipal government should he be found criminally derelict. There is also some talk of Schmitz resigning if Heney will vaccinate him and render him immune from punishment for his offenses, as he is said to have done with the Supervisors. Another angle of the gossip in this regard is that the Mayor will appoint a Board of Supervisors picked by prominent merchants and professional men who have organized for the purpose of redeeming San Francisco from the toils of the grafters.”
[236]The Chronicle, in its issue of April 3, in discussing this phase of the situation, said:“The spectacle of the entire legislative body of a city confessing to the acceptance of great bribes is astonishing. Their continuance in office and consultation with the good citizens as to the best methods of restoring good government is unique. In many parts of the country there is outspoken disapproval of the course which is being taken, and loud declarations that if there were any good citizenship in San Francisco the confessed rogues would be driven out of office and hustled into the penitentiary. It is declared that in granting ‘immunity’ to these Supervisors the city is again disgraced. Of course, all this is absurd. In the first place, there is no evidence and little probability that immunity has been promised to anybody. Secondly, if the present Supervisors should resign Schmitz would promptly fill their places with men whom he can more implicitly trust but who would not be subject to indictment or in any way amenable to decent influence. As for Schmitz, he will remain Mayor until he is convicted of crime. The public does not know how that conviction is to be got. It is supposed that some Supervisor can give part of the necessary evidence, but no Supervisor can be compelled to give any evidence at all, and they probably would give none, if driven out. They are not obliged to criminate themselves. As for Schmitz, he is still defiant. He apparently does not believe that under the legal rules of evidence he can be convicted of what he evidently did. The journals which contrast our slow movement with the swift punishment which befell briber and bribed when the Broadway street railroad franchise was purchased doubtless do not understand that the laws and court procedure in California are designed not to convict criminals, but to aid their escape from justice, and that when Jake Sharp bought the New York Aldermen he did not also buy the authority which filled vacancies in the Board. As the situation in this city is unique, so, also, must be our methods of dealing with it. It may be that every Supervisor ought to be promptly indicted but it is certain that that is the one thing most ardently desired by the innumerable company of grafters outside the board. And it may not be but to help them.”
The Chronicle, in its issue of April 3, in discussing this phase of the situation, said:
“The spectacle of the entire legislative body of a city confessing to the acceptance of great bribes is astonishing. Their continuance in office and consultation with the good citizens as to the best methods of restoring good government is unique. In many parts of the country there is outspoken disapproval of the course which is being taken, and loud declarations that if there were any good citizenship in San Francisco the confessed rogues would be driven out of office and hustled into the penitentiary. It is declared that in granting ‘immunity’ to these Supervisors the city is again disgraced. Of course, all this is absurd. In the first place, there is no evidence and little probability that immunity has been promised to anybody. Secondly, if the present Supervisors should resign Schmitz would promptly fill their places with men whom he can more implicitly trust but who would not be subject to indictment or in any way amenable to decent influence. As for Schmitz, he will remain Mayor until he is convicted of crime. The public does not know how that conviction is to be got. It is supposed that some Supervisor can give part of the necessary evidence, but no Supervisor can be compelled to give any evidence at all, and they probably would give none, if driven out. They are not obliged to criminate themselves. As for Schmitz, he is still defiant. He apparently does not believe that under the legal rules of evidence he can be convicted of what he evidently did. The journals which contrast our slow movement with the swift punishment which befell briber and bribed when the Broadway street railroad franchise was purchased doubtless do not understand that the laws and court procedure in California are designed not to convict criminals, but to aid their escape from justice, and that when Jake Sharp bought the New York Aldermen he did not also buy the authority which filled vacancies in the Board. As the situation in this city is unique, so, also, must be our methods of dealing with it. It may be that every Supervisor ought to be promptly indicted but it is certain that that is the one thing most ardently desired by the innumerable company of grafters outside the board. And it may not be but to help them.”
[237]Keane had two champions on the board, however. Supervisors J. J. O’Neil and O. A. Tveitmoe. They resisted Keane’s discharge, denouncing it as unwarranted and cowardly. Mayor Schmitz vetoed the resolution removing Keane. The Supervisors, however, adopted the resolution over the Mayor’s veto.
Keane had two champions on the board, however. Supervisors J. J. O’Neil and O. A. Tveitmoe. They resisted Keane’s discharge, denouncing it as unwarranted and cowardly. Mayor Schmitz vetoed the resolution removing Keane. The Supervisors, however, adopted the resolution over the Mayor’s veto.
[238]The San Francisco Call, in its issue of June 10, 1907, said of Schmitz’s continued hold on the Police Department:“The Call has never attached much importance to the well meant efforts of the various citizens’ committees to persuade Mayor Schmitz to reorganize the police force and the governing commission of that body. It is easy to understand that Schmitz might engage in some such transaction or bargain if he could be shown his own advantage therein, but that he would surrender control of his most valuable personal asset at this time or, indeed at any other time, was scarcely conceivable in view of the character of the man. This is said advisedly. It is notorious that Schmitz all through his long session in office has treated his control of the police not as a public trust for the common good, but as so much personal property to be used to the limit for his private advantage. Therefore, when Schmitz, in the first instance, gave a committee some sort of pledge that he would comply with its desire or requests, there was a very natural suspicion that the terms of the bargain as a whole had not been disclosed. There was the insistent inquiry, ‘What does Schmitz get by the bargain?’“That question has never been answered from the inside and probably will not be answered, but the committee very shortly quit in disgust, realizing, doubtless, that Schmitz wanted something it could not grant as a consideration for his abandonment of power.“A second committee that took up the work now finds that Schmitz is deaf to its requests for a reorganization of the police force. The lack of discipline in that body has become a public scandal. At its head is seen a man under indictment for felony, the associate of criminals and accused of tampering with veniremen called to try Schmitz—an accusation whose truth he admits. Governor Gillett has expressed the common knowledge that the Chief of Police is incompetent. He might have used a harsher word. But Dinan suits Schmitz. He is the ready and unscrupulous tool. An honest man in the same place would be of no use to Schmitz!”
The San Francisco Call, in its issue of June 10, 1907, said of Schmitz’s continued hold on the Police Department:
“The Call has never attached much importance to the well meant efforts of the various citizens’ committees to persuade Mayor Schmitz to reorganize the police force and the governing commission of that body. It is easy to understand that Schmitz might engage in some such transaction or bargain if he could be shown his own advantage therein, but that he would surrender control of his most valuable personal asset at this time or, indeed at any other time, was scarcely conceivable in view of the character of the man. This is said advisedly. It is notorious that Schmitz all through his long session in office has treated his control of the police not as a public trust for the common good, but as so much personal property to be used to the limit for his private advantage. Therefore, when Schmitz, in the first instance, gave a committee some sort of pledge that he would comply with its desire or requests, there was a very natural suspicion that the terms of the bargain as a whole had not been disclosed. There was the insistent inquiry, ‘What does Schmitz get by the bargain?’
“That question has never been answered from the inside and probably will not be answered, but the committee very shortly quit in disgust, realizing, doubtless, that Schmitz wanted something it could not grant as a consideration for his abandonment of power.
“A second committee that took up the work now finds that Schmitz is deaf to its requests for a reorganization of the police force. The lack of discipline in that body has become a public scandal. At its head is seen a man under indictment for felony, the associate of criminals and accused of tampering with veniremen called to try Schmitz—an accusation whose truth he admits. Governor Gillett has expressed the common knowledge that the Chief of Police is incompetent. He might have used a harsher word. But Dinan suits Schmitz. He is the ready and unscrupulous tool. An honest man in the same place would be of no use to Schmitz!”
[239]When, through the good offices of a committee of citizens, the difficulties of the iron trades were finally adjusted, The Call took occasion to urge an ending of the stiff-necked policy which kept other employers and employees apart.“In the car strike,” said The Call in its issue of June 1st, “in the telephone strike, in the laundry strike, there is nothing that cannot be disposed of by the same method and through the same agency as those that ended the iron trades controversy. There is no reason why all those disputes cannot be settled reasonably. The conciliation committee stands for public opinion. It voices the demand of the public for peace. No employer can afford to refuse its offices, nor can any representative of the employed afford to decline its offers of mediation. And if this committee, standing as it does for public opinion, could speak withconvictionto the iron masters and their striking workmen, it should be able to deal even more effectively with the car strike and with the telephone strike. Those disputes concern public utilities. Street-cars are run and telephones are operated under and by virtue of grants and privileges made by the people, wherefore the people have the right to intervene when the grantees of those privileges are at war with their employes. The people have the right, at least, to mediate for peace. Mr. Cornelius and Mr. Calhoun, Mr. Scott and the leader of the telephone strikers may refuse to listen to the pacific overtures of the conciliation committee, but if they do they must understand that the price of refusal is the loss of public sympathy and support—elements without which ultimate victory is impossible.“San Francisco has had about enough industrial warfare. The city wants peace, lasting peace. No sane man wants a fight to a finish between labor and capital, or if he does he is San Francisco’s enemy. The adjustment of the iron-workers’ strike is a hopeful sign. It points the way to an end of all bitterness and contention. It augurs an early return to the harmonious relations of those who earn and those who pay wages, relations which are essential to the progress and prosperity of any community. It is the best news of this stormy, stressful month.”
When, through the good offices of a committee of citizens, the difficulties of the iron trades were finally adjusted, The Call took occasion to urge an ending of the stiff-necked policy which kept other employers and employees apart.
“In the car strike,” said The Call in its issue of June 1st, “in the telephone strike, in the laundry strike, there is nothing that cannot be disposed of by the same method and through the same agency as those that ended the iron trades controversy. There is no reason why all those disputes cannot be settled reasonably. The conciliation committee stands for public opinion. It voices the demand of the public for peace. No employer can afford to refuse its offices, nor can any representative of the employed afford to decline its offers of mediation. And if this committee, standing as it does for public opinion, could speak withconvictionto the iron masters and their striking workmen, it should be able to deal even more effectively with the car strike and with the telephone strike. Those disputes concern public utilities. Street-cars are run and telephones are operated under and by virtue of grants and privileges made by the people, wherefore the people have the right to intervene when the grantees of those privileges are at war with their employes. The people have the right, at least, to mediate for peace. Mr. Cornelius and Mr. Calhoun, Mr. Scott and the leader of the telephone strikers may refuse to listen to the pacific overtures of the conciliation committee, but if they do they must understand that the price of refusal is the loss of public sympathy and support—elements without which ultimate victory is impossible.
“San Francisco has had about enough industrial warfare. The city wants peace, lasting peace. No sane man wants a fight to a finish between labor and capital, or if he does he is San Francisco’s enemy. The adjustment of the iron-workers’ strike is a hopeful sign. It points the way to an end of all bitterness and contention. It augurs an early return to the harmonious relations of those who earn and those who pay wages, relations which are essential to the progress and prosperity of any community. It is the best news of this stormy, stressful month.”
[240]The following, issued on May 17, is a fair sample of the statements which Mr. Calhoun gave out during the period of confusion in San Francisco, in the spring and summer of 1907:“To the American People—The newspapers of this city published yesterday afternoon and this morning contain sensational statements purporting to give the testimony of Mr. Abraham Ruef before the Grand Jury yesterday afternoon. It is alleged that he confessed that the United Railroads, through some of its officials, bribed the Supervisors to grant the permit for the overhead trolley over certain of its roads. I do not know if Mr. Ruef made any such statements. If he did, they are untrue. I repeat with renewed emphasis my former declaration that no official of this company ever bribed any one, authorized Mr. Ruef or any one else to bribe anybody, knew of any bribery, or approved of any bribery.“I charge the Prosecution with having prostituted the great office of the District Attorney to further the plans of private malice in the interest of a man who organized the Municipal Street Railways of San Francisco on the 17th day of April, 1906, the day before the earthquake and fire with a capital stock of $14,000,000, of which $4,500,000 were subscribed for as follows: Claus Spreckels subscribed $1,900,000, James D. Phelan subscribed $1,000,000, George Whittell subscribed $500,000, Rudolph Spreckels subscribed $1,000,000, Charles S. Wheeler subscribed $100,000. Ten per cent of the amount subscribed, or $450,000, was paid in cash, as shown by the affidavit of the treasurer of the company, James K. Moffitt, duly filed in the County Clerk’s office.“I charge that, in furtherance of the plans of the private prosecutor to assure evidence that would involve the United Railroads, the District Attorney has been willing to purchase testimony with immunity contracts, purporting to grant immunity to self-confessed criminals, which contracts I am informed were placed in escrow with the private prosecutor, and through which he controls a majority of the Board of Supervisors who, as a member of the prosecution has declared, are ‘dogs’ to do his bidding.“I charge that the District Attorney was in consultation with the members of the self-confessed criminals on the Board of Supervisors in regard to the passage of the resolution holding up the Geary street railroad company, providing for the forfeiture of its license, unless it yielded to the demands of its striking employes.“I charge that while the best element in this community was seeking to preserve law and order the District Attorney was in secret conference with self-confessed criminals, giving aid and comfort to the strikers. Shall his great office be prostituted to the support of lawlessness?“The officials of this company are ready to meet their enemies in the open, and before they are through, they expect to show to the whole country the infamy of the methods of the prosecution, the baseness of the motives of the private prosecutor, his readiness to grant immunity to self-confessed criminals, and the willingness of the prosecution to aid the strikers, even if it involved this community in disorder and bloodshed, provided it furthered the private prosecutor’s personal ends.“The organization of the Municipal Street Railways of San Francisco, the attacks upon the officials of the United Railroads, the immunity granted to self-confessed criminals, the strike of the carmen, the hold-up of the Geary-street Railroad Company, the forfeiture of its license to operate, all seek one common end, the injury of the United Railroads and its officials, and the advancement of the personal schemes of the private prosecutor.“I ask from the American people fair play, and a patient consideration. I ask them to withhold their judgment, freed from the bias naturally created by sensational charges. The contest in which I am engaged is grave, and I cannot afford now to disclose the whole strength of my hand, but before this contest is over, I confidently expect to defeat alike the machinations of Rudolph Spreckels, the 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 firmly established in this community the principles of American liberty, and the triumph of truth and justice.”On May 21 Calhoun issued a statement directly charging the lawlessness in San Francisco to the Prosecution. He said:“The drama is now unfolding itself and the citizens of this city will have an opportunity to fix the responsibility for existing conditions. The prosecution has said that the Supervisors would be ‘good dogs’ and do its bidding. The resolutions concerning the Geary-street line and the United Railroads are on a par with the neglect of the board to see that order is preserved. The prosecution is now responsible for the government of the city: therefore it is responsible for existing conditions, including the failure to suppress violence and to protect life and property.”
The following, issued on May 17, is a fair sample of the statements which Mr. Calhoun gave out during the period of confusion in San Francisco, in the spring and summer of 1907:
“To the American People—The newspapers of this city published yesterday afternoon and this morning contain sensational statements purporting to give the testimony of Mr. Abraham Ruef before the Grand Jury yesterday afternoon. It is alleged that he confessed that the United Railroads, through some of its officials, bribed the Supervisors to grant the permit for the overhead trolley over certain of its roads. I do not know if Mr. Ruef made any such statements. If he did, they are untrue. I repeat with renewed emphasis my former declaration that no official of this company ever bribed any one, authorized Mr. Ruef or any one else to bribe anybody, knew of any bribery, or approved of any bribery.
“I charge the Prosecution with having prostituted the great office of the District Attorney to further the plans of private malice in the interest of a man who organized the Municipal Street Railways of San Francisco on the 17th day of April, 1906, the day before the earthquake and fire with a capital stock of $14,000,000, of which $4,500,000 were subscribed for as follows: Claus Spreckels subscribed $1,900,000, James D. Phelan subscribed $1,000,000, George Whittell subscribed $500,000, Rudolph Spreckels subscribed $1,000,000, Charles S. Wheeler subscribed $100,000. Ten per cent of the amount subscribed, or $450,000, was paid in cash, as shown by the affidavit of the treasurer of the company, James K. Moffitt, duly filed in the County Clerk’s office.
“I charge that, in furtherance of the plans of the private prosecutor to assure evidence that would involve the United Railroads, the District Attorney has been willing to purchase testimony with immunity contracts, purporting to grant immunity to self-confessed criminals, which contracts I am informed were placed in escrow with the private prosecutor, and through which he controls a majority of the Board of Supervisors who, as a member of the prosecution has declared, are ‘dogs’ to do his bidding.
“I charge that the District Attorney was in consultation with the members of the self-confessed criminals on the Board of Supervisors in regard to the passage of the resolution holding up the Geary street railroad company, providing for the forfeiture of its license, unless it yielded to the demands of its striking employes.
“I charge that while the best element in this community was seeking to preserve law and order the District Attorney was in secret conference with self-confessed criminals, giving aid and comfort to the strikers. Shall his great office be prostituted to the support of lawlessness?
“The officials of this company are ready to meet their enemies in the open, and before they are through, they expect to show to the whole country the infamy of the methods of the prosecution, the baseness of the motives of the private prosecutor, his readiness to grant immunity to self-confessed criminals, and the willingness of the prosecution to aid the strikers, even if it involved this community in disorder and bloodshed, provided it furthered the private prosecutor’s personal ends.
“The organization of the Municipal Street Railways of San Francisco, the attacks upon the officials of the United Railroads, the immunity granted to self-confessed criminals, the strike of the carmen, the hold-up of the Geary-street Railroad Company, the forfeiture of its license to operate, all seek one common end, the injury of the United Railroads and its officials, and the advancement of the personal schemes of the private prosecutor.
“I ask from the American people fair play, and a patient consideration. I ask them to withhold their judgment, freed from the bias naturally created by sensational charges. The contest in which I am engaged is grave, and I cannot afford now to disclose the whole strength of my hand, but before this contest is over, I confidently expect to defeat alike the machinations of Rudolph Spreckels, the 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 firmly established in this community the principles of American liberty, and the triumph of truth and justice.”
On May 21 Calhoun issued a statement directly charging the lawlessness in San Francisco to the Prosecution. He said:
“The drama is now unfolding itself and the citizens of this city will have an opportunity to fix the responsibility for existing conditions. The prosecution has said that the Supervisors would be ‘good dogs’ and do its bidding. The resolutions concerning the Geary-street line and the United Railroads are on a par with the neglect of the board to see that order is preserved. The prosecution is now responsible for the government of the city: therefore it is responsible for existing conditions, including the failure to suppress violence and to protect life and property.”
[241]Although representatives of the Defense had intimated repeatedly that the supporters of the Graft Prosecution had brought on the strike for the purpose of injuring the United Railroads, when the Prosecution attempted to introduce evidence to the contrary, Calhoun’s attorneys resisted.
Although representatives of the Defense had intimated repeatedly that the supporters of the Graft Prosecution had brought on the strike for the purpose of injuring the United Railroads, when the Prosecution attempted to introduce evidence to the contrary, Calhoun’s attorneys resisted.
[242]The seven members of the committee were: F. B. Anderson, manager of the Bank of California; Percy T. Morgan, president of the California Wine Association and a director in the Pacific States Telephone and Telegraph Company; F. W. Van Sicklen, president of Dodge Sweeney & Co.; F. W. Dohrmann, president of Nathan, Dohrmann & Co.; Henry Rosenfeld, a shipping and commission merchant; C. H. Bentley, president of the Chamber of Commerce, and Judge Charles W. Slack, who, in 1909, was to be one of the principal supporters of the opposition to the prosecution candidate for District Attorney. Illness compelled Mr. Dohrmann to sever his connection with the committee. Mr. William A. Magee served in his stead.
The seven members of the committee were: F. B. Anderson, manager of the Bank of California; Percy T. Morgan, president of the California Wine Association and a director in the Pacific States Telephone and Telegraph Company; F. W. Van Sicklen, president of Dodge Sweeney & Co.; F. W. Dohrmann, president of Nathan, Dohrmann & Co.; Henry Rosenfeld, a shipping and commission merchant; C. H. Bentley, president of the Chamber of Commerce, and Judge Charles W. Slack, who, in 1909, was to be one of the principal supporters of the opposition to the prosecution candidate for District Attorney. Illness compelled Mr. Dohrmann to sever his connection with the committee. Mr. William A. Magee served in his stead.
[243]The Chronicle, in its issue of May 19, printed the following as the committee’s declaration of principles:“Declaration of principles by the Committee of Seven and what it intends to do:“We propose to carry out our duty, irrespective of who is affected.“We have adopted the Constitution of the United States as the fundamental basis for our final action.“We intend to bring about a clean condition of affairs in this community and make it safe for habitation by human beings and for the investment of capital.“We shall do nothing in the nature of class legislation and recognize that every element in the community has a right to representation in the government.”
The Chronicle, in its issue of May 19, printed the following as the committee’s declaration of principles:
“Declaration of principles by the Committee of Seven and what it intends to do:
“We propose to carry out our duty, irrespective of who is affected.
“We have adopted the Constitution of the United States as the fundamental basis for our final action.
“We intend to bring about a clean condition of affairs in this community and make it safe for habitation by human beings and for the investment of capital.
“We shall do nothing in the nature of class legislation and recognize that every element in the community has a right to representation in the government.”
[244]In a published statement printed May 19, 1906, Governor Gillett said: “The good citizens of San Francisco are for preserving order and the good name of this city, and protecting the constitutional rights of its people. The Committee of Seven, as I understand it, were appointed for this purpose, and every law-abiding citizen and every loyal paper in this city, the Bulletin with the rest, are expected to strengthen their hands and encourage them in their work.”
In a published statement printed May 19, 1906, Governor Gillett said: “The good citizens of San Francisco are for preserving order and the good name of this city, and protecting the constitutional rights of its people. The Committee of Seven, as I understand it, were appointed for this purpose, and every law-abiding citizen and every loyal paper in this city, the Bulletin with the rest, are expected to strengthen their hands and encourage them in their work.”
[245]The failure to enlist Spreckels with the Committee of Seven brought down upon him the condemnation of leaders of the State machine. “My surprise at this attitude of Mr. Spreckels,” said Governor Gillett in an interview printed in The Examiner, May 21, 1907, “is great. It means a bad moral effect on the local industrial disturbance. If a banker like Mr. Spreckels will not act in harmony with the committee from the leading commercial organizations of this city, then I can readily account for the friction all down the line in this city. There ought to be unity of action to get the city out of its present plight, but evidently the leading business men of the town, for reasons I certainly cannot understand, are not in a mood to act in harmony.”
The failure to enlist Spreckels with the Committee of Seven brought down upon him the condemnation of leaders of the State machine. “My surprise at this attitude of Mr. Spreckels,” said Governor Gillett in an interview printed in The Examiner, May 21, 1907, “is great. It means a bad moral effect on the local industrial disturbance. If a banker like Mr. Spreckels will not act in harmony with the committee from the leading commercial organizations of this city, then I can readily account for the friction all down the line in this city. There ought to be unity of action to get the city out of its present plight, but evidently the leading business men of the town, for reasons I certainly cannot understand, are not in a mood to act in harmony.”
[246]When the Committee of Seven retired, May 20, Committeeman Slack issued the following statement:“The Committee of Seven yesterday decided that nothing could be accomplished by it, in view of the attitude of Mr. Spreckels and Mr. Heney. We met those gentlemen for the fourth time yesterday morning and were informed that they could not act with us. Mr. Spreckels declared, in spite of assurances to the contrary from every member of the committee, that he believed Herrin and Calhoun to be behind us. We had agreed, in the first place, that nothing should be done which would interfere in any way with the work of Mr. Spreckels and Mr. Heney. When we went to them and asked their co-operation they declined to co-operate. Under the circumstances we felt that the committee could not be of any further value and asked to be discharged.“I think Mr. Spreckels was sincere in his belief that we represented interests opposed to him, and I have nothing but the kindest feelings toward him, although I believe that he was mistaken. I believe the other members of the committee are with me in this.“My acquaintance with Mr. Herrin is only of the most casual sort, and I should be more likely to act against rather than for him. I do not know Mr. Calhoun at all.“It is with great regret that the committee has abandoned the work which it felt called upon to undertake, and only the belief that without the assistance of Mr. Spreckels its work would be valueless led it to take this step.”
When the Committee of Seven retired, May 20, Committeeman Slack issued the following statement:
“The Committee of Seven yesterday decided that nothing could be accomplished by it, in view of the attitude of Mr. Spreckels and Mr. Heney. We met those gentlemen for the fourth time yesterday morning and were informed that they could not act with us. Mr. Spreckels declared, in spite of assurances to the contrary from every member of the committee, that he believed Herrin and Calhoun to be behind us. We had agreed, in the first place, that nothing should be done which would interfere in any way with the work of Mr. Spreckels and Mr. Heney. When we went to them and asked their co-operation they declined to co-operate. Under the circumstances we felt that the committee could not be of any further value and asked to be discharged.
“I think Mr. Spreckels was sincere in his belief that we represented interests opposed to him, and I have nothing but the kindest feelings toward him, although I believe that he was mistaken. I believe the other members of the committee are with me in this.
“My acquaintance with Mr. Herrin is only of the most casual sort, and I should be more likely to act against rather than for him. I do not know Mr. Calhoun at all.
“It is with great regret that the committee has abandoned the work which it felt called upon to undertake, and only the belief that without the assistance of Mr. Spreckels its work would be valueless led it to take this step.”
[247]Governor Gillett’s suggestions were contained in a statement published in the San Francisco papers on May 25th. It was as follows:“Mr. Cornelius, as president of the Carmen’s Union, and the other labor leaders of San Francisco can bring an end to the acts of violence that are committed daily in this city if they will, and in the event that they don’t they will be held morally responsible for what happens in the future, if anything of a serious nature does happen.“San Francisco does not want to see the State troops enter the city. It is better for the labor unions, the citizens, the city and the State that they should not take charge of affairs, but I will say, if this violence continues and increases the militia will be brought in and will take charge of affairs. Nothing along that line has been planned as yet and the State will wait a reasonable length of time for conditions to be adjusted.“Something must be done. There must be a strong governing body to take charge of affairs, and along this line I have one suggestion to make. Let the various civic bodies of San Francisco get together and appoint a committee of twenty-five or fifty from their members, a committee of strong-minded men who will not allow politics to enter into the question, and who will fight for San Francisco as plain citizens interested in the welfare of the city.“Such a committee could accomplish much. The first step to be taken would be to demand the appointment of a new police commission, the removal of officers in charge of districts who are incompetent, and the substitution of competent, firm men.“Mayor Schmitz would not dare to refuse to accede to the demands of such a committee, and if the body acted with a firm hand the citizens would soon see an improvement in conditions.“The executive committee, which appointed the Committee of Seven can bring about the organization of such a body as I suggest. It was noticeable that when the Committee of Seven took hold of affairs there was less violence for a couple of days, but as soon as the body tendered its resignation there was an increase in these acts of violence.“Acts of violence must cease. No self-respecting community will permit a reign of crime day after day, the throwing of bricks and other missiles, the use of vile and abusive language, and the beating of men walking along the streets peaceably. Then, too, we have our wives and daughters to think of. Conditions are certainly deplorable when they cannot go upon the streets of a great city like San Francisco without being compelled to hear obscene language and witness acts of violence such as have been committed within the last three weeks.“There are strong men here, and if they set about the matter in the right way there will be no occasion for the entrance of the State troops into the city.”
Governor Gillett’s suggestions were contained in a statement published in the San Francisco papers on May 25th. It was as follows:
“Mr. Cornelius, as president of the Carmen’s Union, and the other labor leaders of San Francisco can bring an end to the acts of violence that are committed daily in this city if they will, and in the event that they don’t they will be held morally responsible for what happens in the future, if anything of a serious nature does happen.
“San Francisco does not want to see the State troops enter the city. It is better for the labor unions, the citizens, the city and the State that they should not take charge of affairs, but I will say, if this violence continues and increases the militia will be brought in and will take charge of affairs. Nothing along that line has been planned as yet and the State will wait a reasonable length of time for conditions to be adjusted.
“Something must be done. There must be a strong governing body to take charge of affairs, and along this line I have one suggestion to make. Let the various civic bodies of San Francisco get together and appoint a committee of twenty-five or fifty from their members, a committee of strong-minded men who will not allow politics to enter into the question, and who will fight for San Francisco as plain citizens interested in the welfare of the city.
“Such a committee could accomplish much. The first step to be taken would be to demand the appointment of a new police commission, the removal of officers in charge of districts who are incompetent, and the substitution of competent, firm men.
“Mayor Schmitz would not dare to refuse to accede to the demands of such a committee, and if the body acted with a firm hand the citizens would soon see an improvement in conditions.
“The executive committee, which appointed the Committee of Seven can bring about the organization of such a body as I suggest. It was noticeable that when the Committee of Seven took hold of affairs there was less violence for a couple of days, but as soon as the body tendered its resignation there was an increase in these acts of violence.
“Acts of violence must cease. No self-respecting community will permit a reign of crime day after day, the throwing of bricks and other missiles, the use of vile and abusive language, and the beating of men walking along the streets peaceably. Then, too, we have our wives and daughters to think of. Conditions are certainly deplorable when they cannot go upon the streets of a great city like San Francisco without being compelled to hear obscene language and witness acts of violence such as have been committed within the last three weeks.
“There are strong men here, and if they set about the matter in the right way there will be no occasion for the entrance of the State troops into the city.”
[248]See footnote229,page 206.
See footnote229,page 206.
[249]Of the eighteen Supervisors, two, O’Neil and Tveitmoe, had been appointed by Mayor Schmitz to fill vacancies after the bribery transactions. They were in no way involved in the briberies. They were, therefore, independent of the District Attorney. O’Neil put Tveitmoe in nomination against Gallagher. “What is the difference,” demanded O’Neil, “between Eugene E. Schmitz and James L. Gallagher?” Gallagher’s face went red with rage, but there was no way of silencing the critic.
Of the eighteen Supervisors, two, O’Neil and Tveitmoe, had been appointed by Mayor Schmitz to fill vacancies after the bribery transactions. They were in no way involved in the briberies. They were, therefore, independent of the District Attorney. O’Neil put Tveitmoe in nomination against Gallagher. “What is the difference,” demanded O’Neil, “between Eugene E. Schmitz and James L. Gallagher?” Gallagher’s face went red with rage, but there was no way of silencing the critic.
[250]This tardiness of appointment was not due to any lack of candidates. Practically every faction in San Francisco had its choice for Schmitz’s successor.
This tardiness of appointment was not due to any lack of candidates. Practically every faction in San Francisco had its choice for Schmitz’s successor.
[251]The election of Boxton to be Mayor may be called the refinement of cruelty. His elevation to high executive office but emphasized the shame of his position. From taking his oath of office he was rushed to the witness stand to testify against Louis Glass on trial for participation in bribing him to oppose the granting of the Home Telephone Company franchise. D. M. Delmas was conducting the case for the defense. Delmas suavely turned Boxton’s elevation to account. He scrupulously addressed Boxton as the “Mayor.” And, in comparison, he wrung from the new Mayor’s lips: “I took bribes and was a spy for Halsey.”Nor did Delmas confine his refined ridicule to the unhappy Mayor Boxton. Heney had, for example, asked the court to take judicial notice of the fact that while Schmitz was in Europe, Gallagher had served as acting Mayor.“I don’t think,” interrupted Delmas, “your honor will extend your judicial knowledge that far, because that would be to keep track of the change of Mayors here, and it would keep you too busy to discharge your duties.”A grim party surrounded Boxton while he took his oath of office. Boxton gave no evidence of pride of his new station.“When I think,” he said during a lull in the proceedings, “of the things that have come into my life in the last ten years, I realize how few of them were of my own planning. When we came back from Manila, I had no idea of politics, but they insisted in making heroes of us, and I had to run for Supervisor. Now I wish I had not done it.”Later on he gave out the following interview:“This has come to me as a great surprise. I very much regret the circumstances which have led up to this appointment. I hope the people will bear with me for the few weeks that I am in office. As to my official policy, I cannot discuss that at present.“You know, it is with a feeling of sadness I take the office. I am glad it is a temporary appointment and will last only a short time. I didn’t know when I told you this morning that I was willing to do whatever was thought best, either to remain in office or to resign from the board, that this would be put upon me. I am sorry they have asked me to take the office, and will be glad when it is over. The only thing I can say is that I believe during the short time I will hold the office the people will have no cause to—--”Boxton halted for his words—“Again find fault with me.”The Examiner commenting upon Boxton’s elevation, said “Having put ourbribe-takingMayor in jail, and having put in his place a taker of smaller bribes, we have now substituted for Gallagher, Boxton, who differs from Gallagher principally in having sold his vote for still less of the bribing corporations’ money.”
The election of Boxton to be Mayor may be called the refinement of cruelty. His elevation to high executive office but emphasized the shame of his position. From taking his oath of office he was rushed to the witness stand to testify against Louis Glass on trial for participation in bribing him to oppose the granting of the Home Telephone Company franchise. D. M. Delmas was conducting the case for the defense. Delmas suavely turned Boxton’s elevation to account. He scrupulously addressed Boxton as the “Mayor.” And, in comparison, he wrung from the new Mayor’s lips: “I took bribes and was a spy for Halsey.”
Nor did Delmas confine his refined ridicule to the unhappy Mayor Boxton. Heney had, for example, asked the court to take judicial notice of the fact that while Schmitz was in Europe, Gallagher had served as acting Mayor.
“I don’t think,” interrupted Delmas, “your honor will extend your judicial knowledge that far, because that would be to keep track of the change of Mayors here, and it would keep you too busy to discharge your duties.”
A grim party surrounded Boxton while he took his oath of office. Boxton gave no evidence of pride of his new station.
“When I think,” he said during a lull in the proceedings, “of the things that have come into my life in the last ten years, I realize how few of them were of my own planning. When we came back from Manila, I had no idea of politics, but they insisted in making heroes of us, and I had to run for Supervisor. Now I wish I had not done it.”
Later on he gave out the following interview:
“This has come to me as a great surprise. I very much regret the circumstances which have led up to this appointment. I hope the people will bear with me for the few weeks that I am in office. As to my official policy, I cannot discuss that at present.
“You know, it is with a feeling of sadness I take the office. I am glad it is a temporary appointment and will last only a short time. I didn’t know when I told you this morning that I was willing to do whatever was thought best, either to remain in office or to resign from the board, that this would be put upon me. I am sorry they have asked me to take the office, and will be glad when it is over. The only thing I can say is that I believe during the short time I will hold the office the people will have no cause to—--”
Boxton halted for his words—“Again find fault with me.”
The Examiner commenting upon Boxton’s elevation, said “Having put ourbribe-takingMayor in jail, and having put in his place a taker of smaller bribes, we have now substituted for Gallagher, Boxton, who differs from Gallagher principally in having sold his vote for still less of the bribing corporations’ money.”
[252]The District Attorney’s statement of his plan to the various organizations concerned will be found in full on page xxii of the Appendix.
The District Attorney’s statement of his plan to the various organizations concerned will be found in full on page xxii of the Appendix.
[253]The Chronicle, however, endorsed Langdon’s plan, and urged the several labor and industrial bodies to participate. “As the matter appears at present,” said The Chronicle, “the prosecution has resorted to the only safe and reasonable plan of restoring good government, and fault-finding with the method adopted will be confined to the hyper-critical and those who imagine that they would find profit in a continuance of unsettled conditions.”
The Chronicle, however, endorsed Langdon’s plan, and urged the several labor and industrial bodies to participate. “As the matter appears at present,” said The Chronicle, “the prosecution has resorted to the only safe and reasonable plan of restoring good government, and fault-finding with the method adopted will be confined to the hyper-critical and those who imagine that they would find profit in a continuance of unsettled conditions.”
[254]The resolutions adopted by the Building Trades Council rejecting Langdon’s plan for reorganization of the municipal government, were as follows:“Whereas, An invitation has been received by this council from the District Attorney of this city and county, requesting this council appoint seven delegates to participate in a convention composed of thirty delegates, made up of fifteen representatives from the labor organizations of this city and fifteen representatives from the civic organizations outside of the labor organizations; and whereas, said convention is to be called for the purpose of selecting a person to be appointed Mayor of the City and County of San Francisco; and whereas, at this time this council is not possessed of sufficient information upon the subject to determine whether or not the action proposed to be taken by the convention would be legal, and whether or not such action, if taken, would not lead to a multiplicity of suits by reason of the appointment to an office where a doubt as to the vacancy in said office exists, and as a result lead to endless litigation and regrettable confusion; and whereas, those who have arrogated to themselves the duty of guiding the destinies of the entire municipality of San Francisco only last Tuesday, by the exercise of assumed power, through the Board of Supervisors, placed in the Mayor’s chair one who is to their own knowledge legally disqualified, to the exclusion of one or the other of two gentlemen who are members of that board in the personnel of O. A. Tveitmoe and J. J. O’Neil, whose characters, both public and private, are above reproach; and whereas, the Building Trades Council was organized and is maintained for the purpose of directing, protecting and conducting the building industry from the standpoint of the journeymen with justice alike to the owner, contractor and artisan, and not for the purpose of making mayors through the instrumentality of star chamber conventions, thereby usurping the rights and prerogatives of the people; therefore, be it“Resolved, That this Building Trades Council, in regular meeting assembled, instruct its secretary to acknowledge the receipt of the said invitation, and decline to act thereon for the reasons herein stated.”
The resolutions adopted by the Building Trades Council rejecting Langdon’s plan for reorganization of the municipal government, were as follows:
“Whereas, An invitation has been received by this council from the District Attorney of this city and county, requesting this council appoint seven delegates to participate in a convention composed of thirty delegates, made up of fifteen representatives from the labor organizations of this city and fifteen representatives from the civic organizations outside of the labor organizations; and whereas, said convention is to be called for the purpose of selecting a person to be appointed Mayor of the City and County of San Francisco; and whereas, at this time this council is not possessed of sufficient information upon the subject to determine whether or not the action proposed to be taken by the convention would be legal, and whether or not such action, if taken, would not lead to a multiplicity of suits by reason of the appointment to an office where a doubt as to the vacancy in said office exists, and as a result lead to endless litigation and regrettable confusion; and whereas, those who have arrogated to themselves the duty of guiding the destinies of the entire municipality of San Francisco only last Tuesday, by the exercise of assumed power, through the Board of Supervisors, placed in the Mayor’s chair one who is to their own knowledge legally disqualified, to the exclusion of one or the other of two gentlemen who are members of that board in the personnel of O. A. Tveitmoe and J. J. O’Neil, whose characters, both public and private, are above reproach; and whereas, the Building Trades Council was organized and is maintained for the purpose of directing, protecting and conducting the building industry from the standpoint of the journeymen with justice alike to the owner, contractor and artisan, and not for the purpose of making mayors through the instrumentality of star chamber conventions, thereby usurping the rights and prerogatives of the people; therefore, be it
“Resolved, That this Building Trades Council, in regular meeting assembled, instruct its secretary to acknowledge the receipt of the said invitation, and decline to act thereon for the reasons herein stated.”
[255]Langdon’s reply to the objections of the Merchants’ Exchange was as follows:“We cannot entertain any such proposition at this date. We have already had submitted to us, and have considered at least one hundred plans for calling an electoral convention, and after carefully deliberating on all these plans, decided upon the plan which we have announced. This plan gives the opposing factions of labor and capital each an equal representation in the electoral body. The responsibility of deciding who shall be the Mayor is distinctly imposed on the two most important factions in the community, and as far as giving a square deal to everybody, we do not see how our announced plan can be improved upon. Certainly the addition of fifteen delegates appointed by any special committee cannot improve the plan. In our announcement it has been clearly stated that all the commercial and labor organizations called have until Saturday to name their delegates, and these delegates will assemble next Monday to nominate the new Mayor. The plan announced will not be modified in any way. It places the issue squarely before the people and if they do not wish to act upon it we cannot help it.“In regard to the proposition to permit the electoral convention to name sixteen new Supervisors, I will say that while there is no objection to it, we do not think it is wise to incorporate it in our present plan.”
Langdon’s reply to the objections of the Merchants’ Exchange was as follows:
“We cannot entertain any such proposition at this date. We have already had submitted to us, and have considered at least one hundred plans for calling an electoral convention, and after carefully deliberating on all these plans, decided upon the plan which we have announced. This plan gives the opposing factions of labor and capital each an equal representation in the electoral body. The responsibility of deciding who shall be the Mayor is distinctly imposed on the two most important factions in the community, and as far as giving a square deal to everybody, we do not see how our announced plan can be improved upon. Certainly the addition of fifteen delegates appointed by any special committee cannot improve the plan. In our announcement it has been clearly stated that all the commercial and labor organizations called have until Saturday to name their delegates, and these delegates will assemble next Monday to nominate the new Mayor. The plan announced will not be modified in any way. It places the issue squarely before the people and if they do not wish to act upon it we cannot help it.
“In regard to the proposition to permit the electoral convention to name sixteen new Supervisors, I will say that while there is no objection to it, we do not think it is wise to incorporate it in our present plan.”
[256]Schmitz’s resistance of the elevation of Gallagher no doubt influenced the aged Justice in his refusal. From the county jail Schmitz continued to insist that he was still the de facto Mayor of San Francisco. The Chief of Police, himself under indictment, sided with Schmitz. Gallagher during his eventful term blocked by the police, was not permitted to enter the Mayor’s office. When Boxton was made Mayor, Langdon went with him to the Mayor’s office and seized the furniture. Schmitz’s partisans boasted that the Mayor would be released on bail, march with his followers to the meeting place of the Supervisors, and, with the aid of the police, oust Gallagher by force. Schmitz’s resistance made itself felt in many ways. For example, an athletic club had arranged for a boxing match, for which a permit signed by the Mayor had to be issued. Gallagher had signed the permit. Chief of Police Dinan, however, refused to recognize it unless it were signed by Schmitz. The manager of the affair was compelled to go to the county jail for Schmitz’s signature. Schmitz notified the bondsmen of City Treasurer Charles A. Bantel that he would hold them responsible for any moneys paid out by Bantel without his (Schmitz’s) signature. The bondsmen notified Bantel that as a matter of precaution he must have the signature of Schmitz as well as that of Gallagher as authorization for paying out funds. This precautionary course was followed to its logical conclusion. On July 12, a contractor by the name of J. J. Dowling cashed a municipal warrant which bore the signatures of no less than three Mayors, Schmitz, Gallagher and Boxton.Late in June, Schmitz sent to the auditor warrants signed by himself for June salaries for himself, his secretary, his stenographer and his usher. The auditor decided to allow these warrants for that part of the month up to the date of Schmitz’s conviction. San Francisco allows its Mayor $300 a month for contingent expenses. Both Schmitz and Gallagher claimed this $300 for July. The auditor decided to recognize neither claim. In answer to Schmitz’s demand that Gallagher be ignored as Mayor, the auditor sent the imprisoned executive a soothing or grimly humorous letter, as one may view it, in which he recognized Schmitz as the de jure Mayor, possessing “the honor and the title,” and Gallagher “simply as a de facto Mayor,” possessing the office.When the bribe-taking Supervisors resigned, Schmitz, from the county jail, appointed their successors. Seven of these Schmitz appointees actually took the oath of office. On the night of Taylor’s election to succeed Boxton as Mayor, one of Schmitz’s appointees, Samuel T. Sawyer, appeared before the board and demanded that he be sworn in as Supervisor. Gallagher, who was presiding refused to recognize Schmitz as Mayor and refused Sawyer a seat.Even after Taylor had been elected, Chief of Police Dinan continued to recognize Schmitz as Mayor. Dinan, for example, placed the automobile maintained by the city for the use of the Mayor, under guard of a policeman and for several days prevented Mayor Taylor securing it.Mayor Taylor gave effective check to this harassing opposition by refusing to sign warrants upon the treasury which bore Schmitz’s signature. Gradually Schmitz’s resistance to the new order died out.Schmitz contented himself with issuing a statement through the Associated Press that he would be a candidate for re-election. He said:“You may announce that I will be a candidate for re-election this fall, and that I expect to win. I have already begun my campaign in a preliminary way, and shall carry it forward steadily from this time. I have no fear of the race. I am willing to make it without the aid of the Ruef organization, whose support I had in each of the three campaigns since 1901. Presumably that organization no longer exists, but its component parts, though scattered, are as much in existence as ever. It is up to me to gather them together and cement them into an organization of my own—a task I am prepared to undertake.”
Schmitz’s resistance of the elevation of Gallagher no doubt influenced the aged Justice in his refusal. From the county jail Schmitz continued to insist that he was still the de facto Mayor of San Francisco. The Chief of Police, himself under indictment, sided with Schmitz. Gallagher during his eventful term blocked by the police, was not permitted to enter the Mayor’s office. When Boxton was made Mayor, Langdon went with him to the Mayor’s office and seized the furniture. Schmitz’s partisans boasted that the Mayor would be released on bail, march with his followers to the meeting place of the Supervisors, and, with the aid of the police, oust Gallagher by force. Schmitz’s resistance made itself felt in many ways. For example, an athletic club had arranged for a boxing match, for which a permit signed by the Mayor had to be issued. Gallagher had signed the permit. Chief of Police Dinan, however, refused to recognize it unless it were signed by Schmitz. The manager of the affair was compelled to go to the county jail for Schmitz’s signature. Schmitz notified the bondsmen of City Treasurer Charles A. Bantel that he would hold them responsible for any moneys paid out by Bantel without his (Schmitz’s) signature. The bondsmen notified Bantel that as a matter of precaution he must have the signature of Schmitz as well as that of Gallagher as authorization for paying out funds. This precautionary course was followed to its logical conclusion. On July 12, a contractor by the name of J. J. Dowling cashed a municipal warrant which bore the signatures of no less than three Mayors, Schmitz, Gallagher and Boxton.
Late in June, Schmitz sent to the auditor warrants signed by himself for June salaries for himself, his secretary, his stenographer and his usher. The auditor decided to allow these warrants for that part of the month up to the date of Schmitz’s conviction. San Francisco allows its Mayor $300 a month for contingent expenses. Both Schmitz and Gallagher claimed this $300 for July. The auditor decided to recognize neither claim. In answer to Schmitz’s demand that Gallagher be ignored as Mayor, the auditor sent the imprisoned executive a soothing or grimly humorous letter, as one may view it, in which he recognized Schmitz as the de jure Mayor, possessing “the honor and the title,” and Gallagher “simply as a de facto Mayor,” possessing the office.
When the bribe-taking Supervisors resigned, Schmitz, from the county jail, appointed their successors. Seven of these Schmitz appointees actually took the oath of office. On the night of Taylor’s election to succeed Boxton as Mayor, one of Schmitz’s appointees, Samuel T. Sawyer, appeared before the board and demanded that he be sworn in as Supervisor. Gallagher, who was presiding refused to recognize Schmitz as Mayor and refused Sawyer a seat.
Even after Taylor had been elected, Chief of Police Dinan continued to recognize Schmitz as Mayor. Dinan, for example, placed the automobile maintained by the city for the use of the Mayor, under guard of a policeman and for several days prevented Mayor Taylor securing it.
Mayor Taylor gave effective check to this harassing opposition by refusing to sign warrants upon the treasury which bore Schmitz’s signature. Gradually Schmitz’s resistance to the new order died out.
Schmitz contented himself with issuing a statement through the Associated Press that he would be a candidate for re-election. He said:
“You may announce that I will be a candidate for re-election this fall, and that I expect to win. I have already begun my campaign in a preliminary way, and shall carry it forward steadily from this time. I have no fear of the race. I am willing to make it without the aid of the Ruef organization, whose support I had in each of the three campaigns since 1901. Presumably that organization no longer exists, but its component parts, though scattered, are as much in existence as ever. It is up to me to gather them together and cement them into an organization of my own—a task I am prepared to undertake.”
[257]Dr. Edward Robeson Taylor was born at Springfield, Ill., Sept. 24, 1838. He came to California in 1862, In 1865 he graduated from the Toland Medical College. In 1872, he was admitted to the California bar. He served as dean of the Hastings College of Law. For thirty years he was Vice-President and President of the Cooper Medical College. He was one of the freeholders who framed the present San Francisco municipal charter, and at the time of his selection as Mayor, had served San Francisco and the State in many important public capacities.
Dr. Edward Robeson Taylor was born at Springfield, Ill., Sept. 24, 1838. He came to California in 1862, In 1865 he graduated from the Toland Medical College. In 1872, he was admitted to the California bar. He served as dean of the Hastings College of Law. For thirty years he was Vice-President and President of the Cooper Medical College. He was one of the freeholders who framed the present San Francisco municipal charter, and at the time of his selection as Mayor, had served San Francisco and the State in many important public capacities.
[258]Dr. Taylor’s selection gave general satisfaction. “My belief is,” said Governor Gillett in a published interview, “that Joe will make an able and trustworthy executive. It is particularly fortunate that he is identified with no factional politics and can work for a clean reorganized administration of the city government.”“The most important feature connected with the selection,” said the Chronicle, “is the doctor’s absolute freedom from alliances with any particular interest. He is free from all entanglements, and his ability and firmness of character give assurance that his efforts will be wholly directed to bettering the condition and restoring the confidence of the community. We repeat that San Francisco owes the doctor a debt of gratitude for sinking considerations of personal comfort and devoting himself to the general welfare, and that the prosecution has acted wisely in selecting and inducing him to act.”On the other hand, The Examiner ridiculed the selection. Labor Union party leaders of the type of P. H. McCarthy were loud in expressions of their disapproval.
Dr. Taylor’s selection gave general satisfaction. “My belief is,” said Governor Gillett in a published interview, “that Joe will make an able and trustworthy executive. It is particularly fortunate that he is identified with no factional politics and can work for a clean reorganized administration of the city government.”
“The most important feature connected with the selection,” said the Chronicle, “is the doctor’s absolute freedom from alliances with any particular interest. He is free from all entanglements, and his ability and firmness of character give assurance that his efforts will be wholly directed to bettering the condition and restoring the confidence of the community. We repeat that San Francisco owes the doctor a debt of gratitude for sinking considerations of personal comfort and devoting himself to the general welfare, and that the prosecution has acted wisely in selecting and inducing him to act.”
On the other hand, The Examiner ridiculed the selection. Labor Union party leaders of the type of P. H. McCarthy were loud in expressions of their disapproval.
[259]Mayor Taylor, the day of his election, issued the following statement:“I accepted this office with much reluctance, and only because I believed that any man who was requested to serve the city in this capacity in the hour of her need should heed the request, no matter what the personal sacrifice might be.“Had any pledges been exacted of me by those who tendered the office, I would not have considered the tender for one-thousandth part of a second.“I would not submit to any dictation in the administration of the office, nor do I believe that any one who knows me would attempt to dictate to me.“If I am called upon to appoint a Board of Supervisors, I will select the very best men who can be induced to accept the offices, and I shall exercise my own judgment as to who are the best men.“I am going to do the best I can for the city without regard to partisan politics, and, so far as I am concerned, there will be no partisan politics.“As Mayor of this city, every man looks just as tall to me as every other man.“The first essential to good government is perfect order, and I shall employ every arm of the law to the end that such order shall prevail.“I believe in autonomy in every department of the city government, and I believe that commissioners should be permitted to administer the affairs of their respective departments, free from dictation, as long as they demonstrate by their acts that they are honest and competent.”
Mayor Taylor, the day of his election, issued the following statement:
“I accepted this office with much reluctance, and only because I believed that any man who was requested to serve the city in this capacity in the hour of her need should heed the request, no matter what the personal sacrifice might be.
“Had any pledges been exacted of me by those who tendered the office, I would not have considered the tender for one-thousandth part of a second.
“I would not submit to any dictation in the administration of the office, nor do I believe that any one who knows me would attempt to dictate to me.
“If I am called upon to appoint a Board of Supervisors, I will select the very best men who can be induced to accept the offices, and I shall exercise my own judgment as to who are the best men.
“I am going to do the best I can for the city without regard to partisan politics, and, so far as I am concerned, there will be no partisan politics.
“As Mayor of this city, every man looks just as tall to me as every other man.
“The first essential to good government is perfect order, and I shall employ every arm of the law to the end that such order shall prevail.
“I believe in autonomy in every department of the city government, and I believe that commissioners should be permitted to administer the affairs of their respective departments, free from dictation, as long as they demonstrate by their acts that they are honest and competent.”
[260]The citizens named by Dr. Taylor to act as Supervisors were:Dr. A. A. D’Ancona, dean of the Medical Faculty of the University of California; Harry U. Brandenstein, attorney and former Supervisor; Gustave Brenner, capitalist and retired merchant; James P. Booth, newspaperman and former Supervisor; A. Comte, Jr., attorney and former Supervisor; George L. Center, real estate; Bernard Faymonville, vice-president Firemen’s Fund Insurance Company; E. J. Molera, civil engineer and president of the Academy of Science; W. G. Stafford, president of the W. G. Stafford & Co., coal merchants; Henry Payot, retired merchant and former Supervisor; Matt I. Sullivan, attorney; Thomas Magee, real estate; Lippman Sachs, capitalist and retired merchant; L. P. Rixford, architect; C. A. Murdock, printing and bookbinding; D. C. Murphy, attorney.A. Comte, Jr., successor of Supervisor McGushin, did not take office until several days after his associates on the new board. This was due to McGushin’s hesitation about resigning. Mr. McGushin finally resigned, however, and Comte was named in his stead.Of the Taylor Board of Supervisors, The Chronicle, in its issue of July 27th, said:“Mayor Taylor’s choice of men for the new Board of Supervisors will fortunately not meet universal approval. It will satisfy all honest men who regard public office as a public trust and not as a private snap, but it will not satisfy those who are accustomed either to actually corrupt public servants or to use a secret pull to obtain private and undue advantage. It will not satisfy the criminal element who thrive by the wide-open town, and who abhor a Board of Supervisors who will back up an honest and capable Mayor.“The board which the Mayor has selected may be safely accepted as the leaders of the people. All interests are recognized except that of the boodlers. The city has many knotty problems to solve. Somebody must work them out. Probably no two capable and honest men would resolve the various doubts which will arise in precisely the same way, and yet out of all the possible ways in each case some particular way must be chosen. And it will be the duty of the Mayor and Supervisors, in the light of much more information than the majority of us can obtain, to select that way. And when it has been determined all patriotic citizens must get behind them.”
The citizens named by Dr. Taylor to act as Supervisors were:
Dr. A. A. D’Ancona, dean of the Medical Faculty of the University of California; Harry U. Brandenstein, attorney and former Supervisor; Gustave Brenner, capitalist and retired merchant; James P. Booth, newspaperman and former Supervisor; A. Comte, Jr., attorney and former Supervisor; George L. Center, real estate; Bernard Faymonville, vice-president Firemen’s Fund Insurance Company; E. J. Molera, civil engineer and president of the Academy of Science; W. G. Stafford, president of the W. G. Stafford & Co., coal merchants; Henry Payot, retired merchant and former Supervisor; Matt I. Sullivan, attorney; Thomas Magee, real estate; Lippman Sachs, capitalist and retired merchant; L. P. Rixford, architect; C. A. Murdock, printing and bookbinding; D. C. Murphy, attorney.
A. Comte, Jr., successor of Supervisor McGushin, did not take office until several days after his associates on the new board. This was due to McGushin’s hesitation about resigning. Mr. McGushin finally resigned, however, and Comte was named in his stead.
Of the Taylor Board of Supervisors, The Chronicle, in its issue of July 27th, said:
“Mayor Taylor’s choice of men for the new Board of Supervisors will fortunately not meet universal approval. It will satisfy all honest men who regard public office as a public trust and not as a private snap, but it will not satisfy those who are accustomed either to actually corrupt public servants or to use a secret pull to obtain private and undue advantage. It will not satisfy the criminal element who thrive by the wide-open town, and who abhor a Board of Supervisors who will back up an honest and capable Mayor.
“The board which the Mayor has selected may be safely accepted as the leaders of the people. All interests are recognized except that of the boodlers. The city has many knotty problems to solve. Somebody must work them out. Probably no two capable and honest men would resolve the various doubts which will arise in precisely the same way, and yet out of all the possible ways in each case some particular way must be chosen. And it will be the duty of the Mayor and Supervisors, in the light of much more information than the majority of us can obtain, to select that way. And when it has been determined all patriotic citizens must get behind them.”