[480]SeeChapter IV.[481]This view was entirely justified by the outcome in the Coffey case. Coffey was one of the boodle Supervisors who had at the test refused “to go back on his class.” He was tried for bribe-taking and convicted. In the Court of Appeal practically the same points were raised in his favor as were raised in the Ruef case. The Appellate Court refused to interfere. The Supreme Court, by a three to four decision, granted Coffey a rehearing and later a new trial. The line-up of the eleven judges was the same in Coffey’s case as in Ruef’s—seven found Coffey had had a fair trial; four found that he had not. The four—under the rules of the legal game—were more potent than the seven. The jury verdict was nullified. The indictments against Coffey were finally dismissed. Had the Supreme Court’s order for a rehearing of the Ruef case stood, the outcome would have unquestionably been the same.[482]Some of the ablest men in the State urged impeachment proceedings. “If the charges,” said United States Senator John D. Works in a letter to State Senator Hewitt, “made against Judge Henshaw by the Attorney-General of this State, under oath, are true, why is it the Legislature of this State before this has not commenced impeachment proceedings against him?“The legislature has no right to shrink from this duty and responsibility and relieve itself from taking such a step by relegating that duty and responsibility to The People of the State by the enactment of recall legislation. If Judge Henshaw, or any other judge, has violated his duty to the State and betrayed his office as the charges made against him indicate, the duty of the legislature is imperative, and that duty should be performed without hesitation and without delay.”Justice Henshaw, in discussing Judge Works’ letter, in an interview in the San Francisco Examiner, February 15, 1911, is quoted as saying: “All the charges made by Attorney General Webb in his affidavit attacking the Ruef rehearing order of January 30th are true. The orders were signed in the manner stated and I told him so when he visited my office. There was nothing unusual about it. It was done in accordance with the usual practice of this court.“We seldom meet in session to sign the orders. There may be twenty cases to be passed on in one week. Each Justice looks them over at his leisure and signs what orders he agrees to.“I was out of the State, as Mr. Webb says, and at the time that he says. I did not even imagine that there was a legal point involved. The practice never has been questioned before.”[483]The following is from the Supreme Court decision revoking the Ruef order for a rehearing (see California App. Reports, Vol. 14, page 576): “The moment Justice Henshaw left the State, in view of the authorities already referred to, he became unable to exercise any judicial function as a Justice of the Supreme Court, in this State or out of it, and this disability continued during the whole period of his absence. During that time his situation was the same as if he had absolutely ceased to be a member of this court. It is true that there was a suspension, only, of his judicial power, instead of a final abrogation thereof, but the suspension, while it continued, was as absolute in its effect on his judicial power as would have been a complete vacancy in his office. Assent to or concurrence in a decision or order of the court being the exercise of a purely judicial function, his previous proposal to concur in a proposed order, one that had not yet been made and one that had not yet received the assent of other justices making it an accomplished decision, temporarily ceased to be effectual for any purpose, and so continued ineffectual for any purpose during the whole period of his absence. Such previously indicated willingness to concur could not accomplish that which the absent justice himself could not accomplish. The time having expired before he returned it follows that he never concurred with even a single other justice in the purported order. (1) Admittedly this order, if it ever did become effectual, did not become so until January 22, 1911, when the fourth justice appended his name. At that time, however, Justice Henshaw could not effectually join therein, because of his absence from the State, and his previously indicated willingness to join therein could have no legal effect. The result is that only three justices of this court concurred in the purported order, and as such order could be made only by the concurrence of four justices, it was ineffectual for any purpose and void.”[484]Ford’s term as prison director expired January 12, 1914. He continued in office until his term had expired and his successor had been appointed. After Ruef had confessed that the trolley bribe money had come to him through Ford, the Sacramento Bee of August 30, 1912, after reciting the allegations of Ruef’s confession, said:“There, in brief, is the tale which Abraham Ruef tells with much particularity. It is now in order for the Board of Prison Directors to ask the resignation of Prison Director Ford.“Undoubtedly, Governor Johnson would make a demand to that effect were he in the State.“Much sorrow, if not sympathy, has been felt for Tirey L. Ford all over California. The Bee has expressed some itself. The feeling has been that a man of naturally fine principles and honorable sentiments had been warped by his environments, and had done under instructions that at which his better nature rebelled.“It would be futile now to discuss what Tirey L. Ford should have done and should not have done; or to declare that no temptation should have led him to perform any other than legal work for the United Railroads.“The Bee will say as little as it can say conscientiously under the circumstances. Human nature is human nature the world over. And The Bee men cannot forget the long, long years of intimate friendship with and faith in Tirey L. Ford. But every consideration of the eternal fitness of things demands that he should no longer remain a member of the State Board of Prison Directors.”[485]The following is a fair sample of the articles descriptive of Ruef’s suffering in prison, which have been inflicted upon the California public ever since Ruef donned stripes; it appeared in The San Francisco Bulletin of December 21, 1912: “Ruef is an epicure. As discordant sounds do violence to the feelings of a musician gifted with an exquisite ear, so coarse, badly cooked or tasteless food does violence to the epicure who is gifted with exquisite nerves for inhaling, tasting and appreciating delicate flavors. The gastric juices of the epicure cannot become freely active on mere hunger as with men not so endowed. Digestion with the epicure must wait upon the fine dictates of the palate; and a stomach so guarded cannot wantonly change to an extreme opposite without material suffering. To eat merely to be filled, to overeat, to eat hurriedly, is for the epicure, as one epicure puts it, ‘to commit moral sins.’ Ruef since his imprisonment has been compelled to do all these things.”[486]To this complaint of cruelty to Ruef, The Fresno Republican made sharp answer: “A visitor,” said The Republican, “smuggled articles to Ruef—nothing more dangerous than sweet chocolate and newspaper clippings, to be sure, but still a covert violation of a necessary rule—so Ruef is deprived of visitors and letters for two months, and the automatic application of a general rule postpones his application for parole for six months. Whereat there is wailing and woe, and the San Francisco Call says that Ruef’s friends regard it as particularly unfortunate that he should be deprived of visitors just at the time when a movement for his parole is going on.“To all: Let us be sympathetic. Only let us make it general. Ruef shall have his sweet chocolate. But all the other prisoners shall have it too. Ruef shall sneak things into prison, inside his blouse, by bribing the guards. But all the other prisoners shall have all the like privileges, though it is known that some of them would prefer dope, daggers and dynamite to sweet chocolate.”[487]Commenting upon this the Sacramento Bee, in its issue of February 9, 1912, said: “In an effort to create sympathy for Abraham Ruef, a story was originated at San Francisco, and has found wide publicity as news, that the aged mother of the felon has been kept in ignorance of his imprisonment, and does not even know of his conviction for bribery.“Yet letters purporting to come from and to be signed by Ruef’s mother, and pleading for his parole, have been received by The Bee and other newspapers for months past. Either these letters were forgeries and fabrications, or this tale of the mother’s ignorance of Ruef’s confinement is mere fiction.“In either case a contemptible trick has been played by some agency both active and unscrupulous in seeking to promote Ruef’s release. After this the public and the newspapers may well be suspicious of sympathetic stories respecting Ruef and his confinement. If he is personally responsible for the effort to exploit his mother in the manner here related, he is even a more despicable specimen of humanity than the known facts of his career would indicate.”[488]Older, in a letter to Dr. S. W. Hopkins, of Lodi, gives his reasons for working for Ruef’s release as follows:“San Francisco, September 25, 1911. Dr. S. W. Hopkins, President Board of Health, Lodi, Cal. Dear Sir: If you read my article in the Survey, I think there is much in it that you did not understand. Perhaps I did not make myself clear. I tried to. I wanted those who read the Survey article to believe that I at least no longer think we are going to better the world by punishing men individually. I do not feel that it is good for people or for the editor of the Pacific Christian to want vengeance administered to our brothers and sisters. I think vengeance, and by vengeance I mean punishment, makes us all worse rather than better. I have asked for mercy for Ruef because I felt that I, above all others, had done most to bring about his downfall. If you have followed the long fight the Bulletin has made during the past eight or nine years, you will recall that I was fighting Ruef long years before the city woke up. You will also recall that I attacked him bitterly with all the invectives that I could personally command, and all that I could hire. I cartooned him in stripes. I described him on his way to San Quentin; told how I thought he would act en route, and what his manner would be when the barber shaved his head, and how he would feel when locked up in a cell. I was vindictive, unscrupulous, savage. I went to Washington and enlisted Heney in the fight. Burns came, and Spreckels joined in the chase. Then I pursued with the same relentless spirit in the wake of these men. At last, after eight years of a man-hunting and man-hating debauch, Ruef crossed over and became what I had wanted him to be, what I had longed and dreamed that he might be—a convict, stripped of his citizenship, stripped of everything society values except the remnant of an ill-gotten fortune. It was then I said to myself: ‘I have got him. He is in stripes. He is in a cell. His head is shaved. He is in tears. He is helpless, beaten, chained—killed, so far as his old life is concerned. You have won. How do you like your victory? Do you enjoy the picture now that it is complete? You painted it. Every savage instinct in your nature is expressed on the canvas.’“My soul revolted. I thought over my own life and the many unworthy things I had done to others, the injustice, the wrongs I had been guilty of, the human hearts I had wantonly hurt, the sorrow I had caused, the half-truths I had told, and the mitigating truths I had withheld, the lies I had allowed to go undenied. And then I saw myself also stripped, that is, stripped of all pretense, sham, self-righteousness, holding the key to another man’s cell. I dropped the key. I never want to see it again. Let it be taken up and held by those who feel they are justified in holding it. I want no more jail keys. For the rest of my life I want to get a little nearer to the forgiving spirit that Christ expressed.“Isn’t what I am accusing myself of, true of all of us? Think it over. Think of your own life. Think of the lives of those around you, and see if you cannot discern that we are all guilty. And then think whether or not you believe that society will be benefited by denying Ruef a parole, which only gives him a half liberty and still holds him under the restrictions of the prison until his term is finished.“I am surprised at the tone of the article you sent me, published in the Pacific Christian. It reads like a chapter out of the Old Testament rather than the New. But I fear that the world is being governed more upon the lines of the Old Testament than the New. I agree with the article about the young men who have been sent to prison for years. I would release them all if I could. But I can’t. I can’t even release Ruef, because society has not advanced far enough to make it possible. But I can at least be true to myself and express what I honestly feel.“I wish as a favor to me that you would send a copy of this letter to the Pacific Christian, as I am leaving for the East and will not have time. I should like them to know what I am writing you. Sincerely yours,“Fremont Older.”[489]The San Jose Mercury, controlled by Congressman E. A. Hayes, in its issue of September 22, 1911, published one of these Ruef campaign articles. The following description of Ruef occurs:“Not many months have gone since Ruef found domicile in States prison. But what changes Time has wrought in that brief period. The little man sits in his cell, lonely and solemn, as he meditates on the singularities of mankind. With no bitterness in his soul, without a thought of revenge twisting his sense of peace and good will toward man, he passes the time planning the comforts of his fellow unfortunates and reading and rereading the letters that come so regularly from the loved ones whose burdens he so gladly carried and to whose joy he so gladly contributed. He is neither unhappy nor without hope.”The same article contains another word picture—of Francis J. Heney. It reads:“But if Older has turned ‘right about face,’ Heney, the other member of the firm, has not. He remains the unforgiving, snarling, short-haired bulldog, with his hand against every man, and every man’s hand against him.”Such is the character of the publicity campaign to release Ruef from prison.[490]When in 1914 Governor Johnson became candidate for re-election, extraordinary efforts were made to compel him to pardon, or to consent to the release of Ruef on parole. So persistent were Ruef advocates, that the Governor found it necessary to issue a statement of his position regarding Ruef. That statement will be found in full on page xxviii of the Appendix.[491]The San Francisco Argonaut, one of the principal apologists for the Graft Defense, in its issue of November 23, 1912, said of the suggestion of Mr. Phelan’s name for the cabinet: “Ex-Mayor Phelan, of San Francisco, would be in line for cabinet honors if our local war of the roses were not so recent and if its unfragrant memories and resentments could be set aside. But this is not yet.”[492]The Fresno Republican in its issue of December 7, 1912, pays the following tribute to the graft defense’s “get-together” plans:“They are going to hold a ‘burn the hammer’ celebration in San Francisco on New Year’s eve, for the cremation of knocking.“It is a good idea, and one worth going the limit on. By all means, burn the hammers! But the only effectual way to get that done is for each fellow to burn his own. Unfortunately, when we begin knocking the knockers, the hammer we are after is usually the one with which the other fellow knocks us. There is no boosting way to dispose of the other fellow’s hammer. If we go after it, we knock it, to the further multiplication of knocking. But if we begin at the other end, with our own hammer, that is real boosting. Besides, it gets the thing done. What we do to the other fellow’s hammer may not succeed, and if it does, it is merely more knocking. But when we burn or bury our own, then we know that at least our part of the knocking is ended.“The purpose of the ‘burn the hammer,’ or ‘get-together,’ is, of course, to bridge the breach left by the Graft Prosecutions. And to this end we suggest that—--“The higher-ups of the Pacific Union Club give a dinner at which Francis J. Heney and Rudolph Spreckels are the guests of honor.“The directors of the Panama-Pacific Exposition elect James D. Phelan one of their number.“William H. Crocker give a reception to such members of the Oliver grand jury as have survived the boycott.“The San Francisco Post issue a congratulatory edition, commending the achievements of Governor Johnson’s administration.“Patrick Calhoun offer to take Abe Ruef’s place in San Quentin for a year, and for alternate years hereafter, until they shall both be purged or pardoned of their joint guilt.“These suggestions are all purposely addressed to the side which is most clamorous for ‘getting together.’ Since they shout the loudest for ‘harmony,’ presumably they are the ones who want it. The way to get it is first to put away their own implements of discord. And no better pledges of intent to do this could be conceived than are contained in the suggestions here offered.”[493]The machine-free press of the State, however, openly insisted that it would be a good thing if full publicity of the United Railroads expenditures could be had.“What the missing books might contain of an interesting sort,” said The Sacramento Bee in discussing the incident, “may be gathered from a ‘list of expenses’ submitted by Calhoun in lieu of the books, including an item of $314,000 to Patrick Calhoun for ‘services rendered.’“The character of these ‘services’ may be surmised by anybody familiar with the history of the recent bribery and Graft Prosecutions in San Francisco. But surely the public and the stockholders and creditors of the United Railroads are entitled to specifications.“It is largely that corporations may not bribe in secure secrecy, or otherwise commit criminal acts without detection, that the Progressive states are bringing them under strict regulation and inspection by proper authority.”[494]The Railroad Commission of California, in its Decision 1536, made May 22, 1914, held “that the methods pursued by the former officials of applicant in handling the funds in their care amounts to nothing more than a fraud, not only upon the public forced to use an inadequate and unserviceable system, but upon the bond and note holders of such company.”Of one transaction, in which President Calhoun was permitted to take $1,096,000 of the company’s funds, which it was claimed he had invested in a land project in Solano, in which Mr. Calhoun was interested, the Commission said:“No proof was made to this Commission that any part of this money was actually invested in the so-called Solano project, but we are confronted by the fact that Mr. Calhoun, under authority of the board of directors, and ratified by the stockholders, took from the treasury of applicant $1,096,000, and whether he invested it in the Solano project or not is unimportant in the consideration of this railroad company as a public utility.“It seems that upon the taking of office by Mr. Jesse Lilienthal, the present president of the railroad company, Mr. Calhoun was forced to execute a promissory note for $1,096,000, payable one day after date, in favor of the railroad company, secured by stock of the Solano project; but the judgment of the value of this promissory note is perhaps best indicated by the fact that Mr. Lilienthal immediately wrote this note down in the books of the company as of a value of $1.00.“We hesitate to put in words a proper characterization of this transaction. In plain terms, Mr. Calhoun took from the funds of this public utility corporation over $1,000,000, when every available dollar was sorely needed properly to increase the facilities of this company so as to serve the community of San Francisco, and at a time when this same company was urging upon this Commission the necessity of issuing further bonds to pay off maturing obligations, and also at a time when admittedly the outstanding obligations could not be paid at maturity by approximately $20,000,000.”This enormous sum had been taken in gold at various times, ranging in amounts from $250 to $85,000.[495]These measures are described in “The Story of the California Legislature of 1909.” The methods employed to defeat them were told in detail. See chapter “Defeat of the Commonwealth Club Bills.”[496]Under the provisions of measures which became laws at the 1911 session, it is held that it will be impossible hereafter to put grand jurors on trial as was done in the San Francisco graft cases. Hereafter, too, an indictment or information may be amended by the District Attorney without leave of the Court at any time before the defendant pleads; and at any time thereafter in the discretion of the Court where it can be done without prejudice to the substantial rights of the defendant.Another measure takes from a witness his privilege of refusing to give testimony on the grounds that it may incriminate him. The witness is safeguarded, however, by a provision that he shall not be liable thereafter to prosecution nor punishment with respect to the offense regarding which such testimony is given.
[480]SeeChapter IV.
SeeChapter IV.
[481]This view was entirely justified by the outcome in the Coffey case. Coffey was one of the boodle Supervisors who had at the test refused “to go back on his class.” He was tried for bribe-taking and convicted. In the Court of Appeal practically the same points were raised in his favor as were raised in the Ruef case. The Appellate Court refused to interfere. The Supreme Court, by a three to four decision, granted Coffey a rehearing and later a new trial. The line-up of the eleven judges was the same in Coffey’s case as in Ruef’s—seven found Coffey had had a fair trial; four found that he had not. The four—under the rules of the legal game—were more potent than the seven. The jury verdict was nullified. The indictments against Coffey were finally dismissed. Had the Supreme Court’s order for a rehearing of the Ruef case stood, the outcome would have unquestionably been the same.
This view was entirely justified by the outcome in the Coffey case. Coffey was one of the boodle Supervisors who had at the test refused “to go back on his class.” He was tried for bribe-taking and convicted. In the Court of Appeal practically the same points were raised in his favor as were raised in the Ruef case. The Appellate Court refused to interfere. The Supreme Court, by a three to four decision, granted Coffey a rehearing and later a new trial. The line-up of the eleven judges was the same in Coffey’s case as in Ruef’s—seven found Coffey had had a fair trial; four found that he had not. The four—under the rules of the legal game—were more potent than the seven. The jury verdict was nullified. The indictments against Coffey were finally dismissed. Had the Supreme Court’s order for a rehearing of the Ruef case stood, the outcome would have unquestionably been the same.
[482]Some of the ablest men in the State urged impeachment proceedings. “If the charges,” said United States Senator John D. Works in a letter to State Senator Hewitt, “made against Judge Henshaw by the Attorney-General of this State, under oath, are true, why is it the Legislature of this State before this has not commenced impeachment proceedings against him?“The legislature has no right to shrink from this duty and responsibility and relieve itself from taking such a step by relegating that duty and responsibility to The People of the State by the enactment of recall legislation. If Judge Henshaw, or any other judge, has violated his duty to the State and betrayed his office as the charges made against him indicate, the duty of the legislature is imperative, and that duty should be performed without hesitation and without delay.”Justice Henshaw, in discussing Judge Works’ letter, in an interview in the San Francisco Examiner, February 15, 1911, is quoted as saying: “All the charges made by Attorney General Webb in his affidavit attacking the Ruef rehearing order of January 30th are true. The orders were signed in the manner stated and I told him so when he visited my office. There was nothing unusual about it. It was done in accordance with the usual practice of this court.“We seldom meet in session to sign the orders. There may be twenty cases to be passed on in one week. Each Justice looks them over at his leisure and signs what orders he agrees to.“I was out of the State, as Mr. Webb says, and at the time that he says. I did not even imagine that there was a legal point involved. The practice never has been questioned before.”
Some of the ablest men in the State urged impeachment proceedings. “If the charges,” said United States Senator John D. Works in a letter to State Senator Hewitt, “made against Judge Henshaw by the Attorney-General of this State, under oath, are true, why is it the Legislature of this State before this has not commenced impeachment proceedings against him?
“The legislature has no right to shrink from this duty and responsibility and relieve itself from taking such a step by relegating that duty and responsibility to The People of the State by the enactment of recall legislation. If Judge Henshaw, or any other judge, has violated his duty to the State and betrayed his office as the charges made against him indicate, the duty of the legislature is imperative, and that duty should be performed without hesitation and without delay.”
Justice Henshaw, in discussing Judge Works’ letter, in an interview in the San Francisco Examiner, February 15, 1911, is quoted as saying: “All the charges made by Attorney General Webb in his affidavit attacking the Ruef rehearing order of January 30th are true. The orders were signed in the manner stated and I told him so when he visited my office. There was nothing unusual about it. It was done in accordance with the usual practice of this court.
“We seldom meet in session to sign the orders. There may be twenty cases to be passed on in one week. Each Justice looks them over at his leisure and signs what orders he agrees to.
“I was out of the State, as Mr. Webb says, and at the time that he says. I did not even imagine that there was a legal point involved. The practice never has been questioned before.”
[483]The following is from the Supreme Court decision revoking the Ruef order for a rehearing (see California App. Reports, Vol. 14, page 576): “The moment Justice Henshaw left the State, in view of the authorities already referred to, he became unable to exercise any judicial function as a Justice of the Supreme Court, in this State or out of it, and this disability continued during the whole period of his absence. During that time his situation was the same as if he had absolutely ceased to be a member of this court. It is true that there was a suspension, only, of his judicial power, instead of a final abrogation thereof, but the suspension, while it continued, was as absolute in its effect on his judicial power as would have been a complete vacancy in his office. Assent to or concurrence in a decision or order of the court being the exercise of a purely judicial function, his previous proposal to concur in a proposed order, one that had not yet been made and one that had not yet received the assent of other justices making it an accomplished decision, temporarily ceased to be effectual for any purpose, and so continued ineffectual for any purpose during the whole period of his absence. Such previously indicated willingness to concur could not accomplish that which the absent justice himself could not accomplish. The time having expired before he returned it follows that he never concurred with even a single other justice in the purported order. (1) Admittedly this order, if it ever did become effectual, did not become so until January 22, 1911, when the fourth justice appended his name. At that time, however, Justice Henshaw could not effectually join therein, because of his absence from the State, and his previously indicated willingness to join therein could have no legal effect. The result is that only three justices of this court concurred in the purported order, and as such order could be made only by the concurrence of four justices, it was ineffectual for any purpose and void.”
The following is from the Supreme Court decision revoking the Ruef order for a rehearing (see California App. Reports, Vol. 14, page 576): “The moment Justice Henshaw left the State, in view of the authorities already referred to, he became unable to exercise any judicial function as a Justice of the Supreme Court, in this State or out of it, and this disability continued during the whole period of his absence. During that time his situation was the same as if he had absolutely ceased to be a member of this court. It is true that there was a suspension, only, of his judicial power, instead of a final abrogation thereof, but the suspension, while it continued, was as absolute in its effect on his judicial power as would have been a complete vacancy in his office. Assent to or concurrence in a decision or order of the court being the exercise of a purely judicial function, his previous proposal to concur in a proposed order, one that had not yet been made and one that had not yet received the assent of other justices making it an accomplished decision, temporarily ceased to be effectual for any purpose, and so continued ineffectual for any purpose during the whole period of his absence. Such previously indicated willingness to concur could not accomplish that which the absent justice himself could not accomplish. The time having expired before he returned it follows that he never concurred with even a single other justice in the purported order. (1) Admittedly this order, if it ever did become effectual, did not become so until January 22, 1911, when the fourth justice appended his name. At that time, however, Justice Henshaw could not effectually join therein, because of his absence from the State, and his previously indicated willingness to join therein could have no legal effect. The result is that only three justices of this court concurred in the purported order, and as such order could be made only by the concurrence of four justices, it was ineffectual for any purpose and void.”
[484]Ford’s term as prison director expired January 12, 1914. He continued in office until his term had expired and his successor had been appointed. After Ruef had confessed that the trolley bribe money had come to him through Ford, the Sacramento Bee of August 30, 1912, after reciting the allegations of Ruef’s confession, said:“There, in brief, is the tale which Abraham Ruef tells with much particularity. It is now in order for the Board of Prison Directors to ask the resignation of Prison Director Ford.“Undoubtedly, Governor Johnson would make a demand to that effect were he in the State.“Much sorrow, if not sympathy, has been felt for Tirey L. Ford all over California. The Bee has expressed some itself. The feeling has been that a man of naturally fine principles and honorable sentiments had been warped by his environments, and had done under instructions that at which his better nature rebelled.“It would be futile now to discuss what Tirey L. Ford should have done and should not have done; or to declare that no temptation should have led him to perform any other than legal work for the United Railroads.“The Bee will say as little as it can say conscientiously under the circumstances. Human nature is human nature the world over. And The Bee men cannot forget the long, long years of intimate friendship with and faith in Tirey L. Ford. But every consideration of the eternal fitness of things demands that he should no longer remain a member of the State Board of Prison Directors.”
Ford’s term as prison director expired January 12, 1914. He continued in office until his term had expired and his successor had been appointed. After Ruef had confessed that the trolley bribe money had come to him through Ford, the Sacramento Bee of August 30, 1912, after reciting the allegations of Ruef’s confession, said:
“There, in brief, is the tale which Abraham Ruef tells with much particularity. It is now in order for the Board of Prison Directors to ask the resignation of Prison Director Ford.
“Undoubtedly, Governor Johnson would make a demand to that effect were he in the State.
“Much sorrow, if not sympathy, has been felt for Tirey L. Ford all over California. The Bee has expressed some itself. The feeling has been that a man of naturally fine principles and honorable sentiments had been warped by his environments, and had done under instructions that at which his better nature rebelled.
“It would be futile now to discuss what Tirey L. Ford should have done and should not have done; or to declare that no temptation should have led him to perform any other than legal work for the United Railroads.
“The Bee will say as little as it can say conscientiously under the circumstances. Human nature is human nature the world over. And The Bee men cannot forget the long, long years of intimate friendship with and faith in Tirey L. Ford. But every consideration of the eternal fitness of things demands that he should no longer remain a member of the State Board of Prison Directors.”
[485]The following is a fair sample of the articles descriptive of Ruef’s suffering in prison, which have been inflicted upon the California public ever since Ruef donned stripes; it appeared in The San Francisco Bulletin of December 21, 1912: “Ruef is an epicure. As discordant sounds do violence to the feelings of a musician gifted with an exquisite ear, so coarse, badly cooked or tasteless food does violence to the epicure who is gifted with exquisite nerves for inhaling, tasting and appreciating delicate flavors. The gastric juices of the epicure cannot become freely active on mere hunger as with men not so endowed. Digestion with the epicure must wait upon the fine dictates of the palate; and a stomach so guarded cannot wantonly change to an extreme opposite without material suffering. To eat merely to be filled, to overeat, to eat hurriedly, is for the epicure, as one epicure puts it, ‘to commit moral sins.’ Ruef since his imprisonment has been compelled to do all these things.”
The following is a fair sample of the articles descriptive of Ruef’s suffering in prison, which have been inflicted upon the California public ever since Ruef donned stripes; it appeared in The San Francisco Bulletin of December 21, 1912: “Ruef is an epicure. As discordant sounds do violence to the feelings of a musician gifted with an exquisite ear, so coarse, badly cooked or tasteless food does violence to the epicure who is gifted with exquisite nerves for inhaling, tasting and appreciating delicate flavors. The gastric juices of the epicure cannot become freely active on mere hunger as with men not so endowed. Digestion with the epicure must wait upon the fine dictates of the palate; and a stomach so guarded cannot wantonly change to an extreme opposite without material suffering. To eat merely to be filled, to overeat, to eat hurriedly, is for the epicure, as one epicure puts it, ‘to commit moral sins.’ Ruef since his imprisonment has been compelled to do all these things.”
[486]To this complaint of cruelty to Ruef, The Fresno Republican made sharp answer: “A visitor,” said The Republican, “smuggled articles to Ruef—nothing more dangerous than sweet chocolate and newspaper clippings, to be sure, but still a covert violation of a necessary rule—so Ruef is deprived of visitors and letters for two months, and the automatic application of a general rule postpones his application for parole for six months. Whereat there is wailing and woe, and the San Francisco Call says that Ruef’s friends regard it as particularly unfortunate that he should be deprived of visitors just at the time when a movement for his parole is going on.“To all: Let us be sympathetic. Only let us make it general. Ruef shall have his sweet chocolate. But all the other prisoners shall have it too. Ruef shall sneak things into prison, inside his blouse, by bribing the guards. But all the other prisoners shall have all the like privileges, though it is known that some of them would prefer dope, daggers and dynamite to sweet chocolate.”
To this complaint of cruelty to Ruef, The Fresno Republican made sharp answer: “A visitor,” said The Republican, “smuggled articles to Ruef—nothing more dangerous than sweet chocolate and newspaper clippings, to be sure, but still a covert violation of a necessary rule—so Ruef is deprived of visitors and letters for two months, and the automatic application of a general rule postpones his application for parole for six months. Whereat there is wailing and woe, and the San Francisco Call says that Ruef’s friends regard it as particularly unfortunate that he should be deprived of visitors just at the time when a movement for his parole is going on.
“To all: Let us be sympathetic. Only let us make it general. Ruef shall have his sweet chocolate. But all the other prisoners shall have it too. Ruef shall sneak things into prison, inside his blouse, by bribing the guards. But all the other prisoners shall have all the like privileges, though it is known that some of them would prefer dope, daggers and dynamite to sweet chocolate.”
[487]Commenting upon this the Sacramento Bee, in its issue of February 9, 1912, said: “In an effort to create sympathy for Abraham Ruef, a story was originated at San Francisco, and has found wide publicity as news, that the aged mother of the felon has been kept in ignorance of his imprisonment, and does not even know of his conviction for bribery.“Yet letters purporting to come from and to be signed by Ruef’s mother, and pleading for his parole, have been received by The Bee and other newspapers for months past. Either these letters were forgeries and fabrications, or this tale of the mother’s ignorance of Ruef’s confinement is mere fiction.“In either case a contemptible trick has been played by some agency both active and unscrupulous in seeking to promote Ruef’s release. After this the public and the newspapers may well be suspicious of sympathetic stories respecting Ruef and his confinement. If he is personally responsible for the effort to exploit his mother in the manner here related, he is even a more despicable specimen of humanity than the known facts of his career would indicate.”
Commenting upon this the Sacramento Bee, in its issue of February 9, 1912, said: “In an effort to create sympathy for Abraham Ruef, a story was originated at San Francisco, and has found wide publicity as news, that the aged mother of the felon has been kept in ignorance of his imprisonment, and does not even know of his conviction for bribery.
“Yet letters purporting to come from and to be signed by Ruef’s mother, and pleading for his parole, have been received by The Bee and other newspapers for months past. Either these letters were forgeries and fabrications, or this tale of the mother’s ignorance of Ruef’s confinement is mere fiction.
“In either case a contemptible trick has been played by some agency both active and unscrupulous in seeking to promote Ruef’s release. After this the public and the newspapers may well be suspicious of sympathetic stories respecting Ruef and his confinement. If he is personally responsible for the effort to exploit his mother in the manner here related, he is even a more despicable specimen of humanity than the known facts of his career would indicate.”
[488]Older, in a letter to Dr. S. W. Hopkins, of Lodi, gives his reasons for working for Ruef’s release as follows:“San Francisco, September 25, 1911. Dr. S. W. Hopkins, President Board of Health, Lodi, Cal. Dear Sir: If you read my article in the Survey, I think there is much in it that you did not understand. Perhaps I did not make myself clear. I tried to. I wanted those who read the Survey article to believe that I at least no longer think we are going to better the world by punishing men individually. I do not feel that it is good for people or for the editor of the Pacific Christian to want vengeance administered to our brothers and sisters. I think vengeance, and by vengeance I mean punishment, makes us all worse rather than better. I have asked for mercy for Ruef because I felt that I, above all others, had done most to bring about his downfall. If you have followed the long fight the Bulletin has made during the past eight or nine years, you will recall that I was fighting Ruef long years before the city woke up. You will also recall that I attacked him bitterly with all the invectives that I could personally command, and all that I could hire. I cartooned him in stripes. I described him on his way to San Quentin; told how I thought he would act en route, and what his manner would be when the barber shaved his head, and how he would feel when locked up in a cell. I was vindictive, unscrupulous, savage. I went to Washington and enlisted Heney in the fight. Burns came, and Spreckels joined in the chase. Then I pursued with the same relentless spirit in the wake of these men. At last, after eight years of a man-hunting and man-hating debauch, Ruef crossed over and became what I had wanted him to be, what I had longed and dreamed that he might be—a convict, stripped of his citizenship, stripped of everything society values except the remnant of an ill-gotten fortune. It was then I said to myself: ‘I have got him. He is in stripes. He is in a cell. His head is shaved. He is in tears. He is helpless, beaten, chained—killed, so far as his old life is concerned. You have won. How do you like your victory? Do you enjoy the picture now that it is complete? You painted it. Every savage instinct in your nature is expressed on the canvas.’“My soul revolted. I thought over my own life and the many unworthy things I had done to others, the injustice, the wrongs I had been guilty of, the human hearts I had wantonly hurt, the sorrow I had caused, the half-truths I had told, and the mitigating truths I had withheld, the lies I had allowed to go undenied. And then I saw myself also stripped, that is, stripped of all pretense, sham, self-righteousness, holding the key to another man’s cell. I dropped the key. I never want to see it again. Let it be taken up and held by those who feel they are justified in holding it. I want no more jail keys. For the rest of my life I want to get a little nearer to the forgiving spirit that Christ expressed.“Isn’t what I am accusing myself of, true of all of us? Think it over. Think of your own life. Think of the lives of those around you, and see if you cannot discern that we are all guilty. And then think whether or not you believe that society will be benefited by denying Ruef a parole, which only gives him a half liberty and still holds him under the restrictions of the prison until his term is finished.“I am surprised at the tone of the article you sent me, published in the Pacific Christian. It reads like a chapter out of the Old Testament rather than the New. But I fear that the world is being governed more upon the lines of the Old Testament than the New. I agree with the article about the young men who have been sent to prison for years. I would release them all if I could. But I can’t. I can’t even release Ruef, because society has not advanced far enough to make it possible. But I can at least be true to myself and express what I honestly feel.“I wish as a favor to me that you would send a copy of this letter to the Pacific Christian, as I am leaving for the East and will not have time. I should like them to know what I am writing you. Sincerely yours,“Fremont Older.”
Older, in a letter to Dr. S. W. Hopkins, of Lodi, gives his reasons for working for Ruef’s release as follows:
“San Francisco, September 25, 1911. Dr. S. W. Hopkins, President Board of Health, Lodi, Cal. Dear Sir: If you read my article in the Survey, I think there is much in it that you did not understand. Perhaps I did not make myself clear. I tried to. I wanted those who read the Survey article to believe that I at least no longer think we are going to better the world by punishing men individually. I do not feel that it is good for people or for the editor of the Pacific Christian to want vengeance administered to our brothers and sisters. I think vengeance, and by vengeance I mean punishment, makes us all worse rather than better. I have asked for mercy for Ruef because I felt that I, above all others, had done most to bring about his downfall. If you have followed the long fight the Bulletin has made during the past eight or nine years, you will recall that I was fighting Ruef long years before the city woke up. You will also recall that I attacked him bitterly with all the invectives that I could personally command, and all that I could hire. I cartooned him in stripes. I described him on his way to San Quentin; told how I thought he would act en route, and what his manner would be when the barber shaved his head, and how he would feel when locked up in a cell. I was vindictive, unscrupulous, savage. I went to Washington and enlisted Heney in the fight. Burns came, and Spreckels joined in the chase. Then I pursued with the same relentless spirit in the wake of these men. At last, after eight years of a man-hunting and man-hating debauch, Ruef crossed over and became what I had wanted him to be, what I had longed and dreamed that he might be—a convict, stripped of his citizenship, stripped of everything society values except the remnant of an ill-gotten fortune. It was then I said to myself: ‘I have got him. He is in stripes. He is in a cell. His head is shaved. He is in tears. He is helpless, beaten, chained—killed, so far as his old life is concerned. You have won. How do you like your victory? Do you enjoy the picture now that it is complete? You painted it. Every savage instinct in your nature is expressed on the canvas.’
“My soul revolted. I thought over my own life and the many unworthy things I had done to others, the injustice, the wrongs I had been guilty of, the human hearts I had wantonly hurt, the sorrow I had caused, the half-truths I had told, and the mitigating truths I had withheld, the lies I had allowed to go undenied. And then I saw myself also stripped, that is, stripped of all pretense, sham, self-righteousness, holding the key to another man’s cell. I dropped the key. I never want to see it again. Let it be taken up and held by those who feel they are justified in holding it. I want no more jail keys. For the rest of my life I want to get a little nearer to the forgiving spirit that Christ expressed.
“Isn’t what I am accusing myself of, true of all of us? Think it over. Think of your own life. Think of the lives of those around you, and see if you cannot discern that we are all guilty. And then think whether or not you believe that society will be benefited by denying Ruef a parole, which only gives him a half liberty and still holds him under the restrictions of the prison until his term is finished.
“I am surprised at the tone of the article you sent me, published in the Pacific Christian. It reads like a chapter out of the Old Testament rather than the New. But I fear that the world is being governed more upon the lines of the Old Testament than the New. I agree with the article about the young men who have been sent to prison for years. I would release them all if I could. But I can’t. I can’t even release Ruef, because society has not advanced far enough to make it possible. But I can at least be true to myself and express what I honestly feel.
“I wish as a favor to me that you would send a copy of this letter to the Pacific Christian, as I am leaving for the East and will not have time. I should like them to know what I am writing you. Sincerely yours,
“Fremont Older.”
[489]The San Jose Mercury, controlled by Congressman E. A. Hayes, in its issue of September 22, 1911, published one of these Ruef campaign articles. The following description of Ruef occurs:“Not many months have gone since Ruef found domicile in States prison. But what changes Time has wrought in that brief period. The little man sits in his cell, lonely and solemn, as he meditates on the singularities of mankind. With no bitterness in his soul, without a thought of revenge twisting his sense of peace and good will toward man, he passes the time planning the comforts of his fellow unfortunates and reading and rereading the letters that come so regularly from the loved ones whose burdens he so gladly carried and to whose joy he so gladly contributed. He is neither unhappy nor without hope.”The same article contains another word picture—of Francis J. Heney. It reads:“But if Older has turned ‘right about face,’ Heney, the other member of the firm, has not. He remains the unforgiving, snarling, short-haired bulldog, with his hand against every man, and every man’s hand against him.”Such is the character of the publicity campaign to release Ruef from prison.
The San Jose Mercury, controlled by Congressman E. A. Hayes, in its issue of September 22, 1911, published one of these Ruef campaign articles. The following description of Ruef occurs:
“Not many months have gone since Ruef found domicile in States prison. But what changes Time has wrought in that brief period. The little man sits in his cell, lonely and solemn, as he meditates on the singularities of mankind. With no bitterness in his soul, without a thought of revenge twisting his sense of peace and good will toward man, he passes the time planning the comforts of his fellow unfortunates and reading and rereading the letters that come so regularly from the loved ones whose burdens he so gladly carried and to whose joy he so gladly contributed. He is neither unhappy nor without hope.”
The same article contains another word picture—of Francis J. Heney. It reads:
“But if Older has turned ‘right about face,’ Heney, the other member of the firm, has not. He remains the unforgiving, snarling, short-haired bulldog, with his hand against every man, and every man’s hand against him.”
Such is the character of the publicity campaign to release Ruef from prison.
[490]When in 1914 Governor Johnson became candidate for re-election, extraordinary efforts were made to compel him to pardon, or to consent to the release of Ruef on parole. So persistent were Ruef advocates, that the Governor found it necessary to issue a statement of his position regarding Ruef. That statement will be found in full on page xxviii of the Appendix.
When in 1914 Governor Johnson became candidate for re-election, extraordinary efforts were made to compel him to pardon, or to consent to the release of Ruef on parole. So persistent were Ruef advocates, that the Governor found it necessary to issue a statement of his position regarding Ruef. That statement will be found in full on page xxviii of the Appendix.
[491]The San Francisco Argonaut, one of the principal apologists for the Graft Defense, in its issue of November 23, 1912, said of the suggestion of Mr. Phelan’s name for the cabinet: “Ex-Mayor Phelan, of San Francisco, would be in line for cabinet honors if our local war of the roses were not so recent and if its unfragrant memories and resentments could be set aside. But this is not yet.”
The San Francisco Argonaut, one of the principal apologists for the Graft Defense, in its issue of November 23, 1912, said of the suggestion of Mr. Phelan’s name for the cabinet: “Ex-Mayor Phelan, of San Francisco, would be in line for cabinet honors if our local war of the roses were not so recent and if its unfragrant memories and resentments could be set aside. But this is not yet.”
[492]The Fresno Republican in its issue of December 7, 1912, pays the following tribute to the graft defense’s “get-together” plans:“They are going to hold a ‘burn the hammer’ celebration in San Francisco on New Year’s eve, for the cremation of knocking.“It is a good idea, and one worth going the limit on. By all means, burn the hammers! But the only effectual way to get that done is for each fellow to burn his own. Unfortunately, when we begin knocking the knockers, the hammer we are after is usually the one with which the other fellow knocks us. There is no boosting way to dispose of the other fellow’s hammer. If we go after it, we knock it, to the further multiplication of knocking. But if we begin at the other end, with our own hammer, that is real boosting. Besides, it gets the thing done. What we do to the other fellow’s hammer may not succeed, and if it does, it is merely more knocking. But when we burn or bury our own, then we know that at least our part of the knocking is ended.“The purpose of the ‘burn the hammer,’ or ‘get-together,’ is, of course, to bridge the breach left by the Graft Prosecutions. And to this end we suggest that—--“The higher-ups of the Pacific Union Club give a dinner at which Francis J. Heney and Rudolph Spreckels are the guests of honor.“The directors of the Panama-Pacific Exposition elect James D. Phelan one of their number.“William H. Crocker give a reception to such members of the Oliver grand jury as have survived the boycott.“The San Francisco Post issue a congratulatory edition, commending the achievements of Governor Johnson’s administration.“Patrick Calhoun offer to take Abe Ruef’s place in San Quentin for a year, and for alternate years hereafter, until they shall both be purged or pardoned of their joint guilt.“These suggestions are all purposely addressed to the side which is most clamorous for ‘getting together.’ Since they shout the loudest for ‘harmony,’ presumably they are the ones who want it. The way to get it is first to put away their own implements of discord. And no better pledges of intent to do this could be conceived than are contained in the suggestions here offered.”
The Fresno Republican in its issue of December 7, 1912, pays the following tribute to the graft defense’s “get-together” plans:
“They are going to hold a ‘burn the hammer’ celebration in San Francisco on New Year’s eve, for the cremation of knocking.
“It is a good idea, and one worth going the limit on. By all means, burn the hammers! But the only effectual way to get that done is for each fellow to burn his own. Unfortunately, when we begin knocking the knockers, the hammer we are after is usually the one with which the other fellow knocks us. There is no boosting way to dispose of the other fellow’s hammer. If we go after it, we knock it, to the further multiplication of knocking. But if we begin at the other end, with our own hammer, that is real boosting. Besides, it gets the thing done. What we do to the other fellow’s hammer may not succeed, and if it does, it is merely more knocking. But when we burn or bury our own, then we know that at least our part of the knocking is ended.
“The purpose of the ‘burn the hammer,’ or ‘get-together,’ is, of course, to bridge the breach left by the Graft Prosecutions. And to this end we suggest that—--
“The higher-ups of the Pacific Union Club give a dinner at which Francis J. Heney and Rudolph Spreckels are the guests of honor.
“The directors of the Panama-Pacific Exposition elect James D. Phelan one of their number.
“William H. Crocker give a reception to such members of the Oliver grand jury as have survived the boycott.
“The San Francisco Post issue a congratulatory edition, commending the achievements of Governor Johnson’s administration.
“Patrick Calhoun offer to take Abe Ruef’s place in San Quentin for a year, and for alternate years hereafter, until they shall both be purged or pardoned of their joint guilt.
“These suggestions are all purposely addressed to the side which is most clamorous for ‘getting together.’ Since they shout the loudest for ‘harmony,’ presumably they are the ones who want it. The way to get it is first to put away their own implements of discord. And no better pledges of intent to do this could be conceived than are contained in the suggestions here offered.”
[493]The machine-free press of the State, however, openly insisted that it would be a good thing if full publicity of the United Railroads expenditures could be had.“What the missing books might contain of an interesting sort,” said The Sacramento Bee in discussing the incident, “may be gathered from a ‘list of expenses’ submitted by Calhoun in lieu of the books, including an item of $314,000 to Patrick Calhoun for ‘services rendered.’“The character of these ‘services’ may be surmised by anybody familiar with the history of the recent bribery and Graft Prosecutions in San Francisco. But surely the public and the stockholders and creditors of the United Railroads are entitled to specifications.“It is largely that corporations may not bribe in secure secrecy, or otherwise commit criminal acts without detection, that the Progressive states are bringing them under strict regulation and inspection by proper authority.”
The machine-free press of the State, however, openly insisted that it would be a good thing if full publicity of the United Railroads expenditures could be had.
“What the missing books might contain of an interesting sort,” said The Sacramento Bee in discussing the incident, “may be gathered from a ‘list of expenses’ submitted by Calhoun in lieu of the books, including an item of $314,000 to Patrick Calhoun for ‘services rendered.’
“The character of these ‘services’ may be surmised by anybody familiar with the history of the recent bribery and Graft Prosecutions in San Francisco. But surely the public and the stockholders and creditors of the United Railroads are entitled to specifications.
“It is largely that corporations may not bribe in secure secrecy, or otherwise commit criminal acts without detection, that the Progressive states are bringing them under strict regulation and inspection by proper authority.”
[494]The Railroad Commission of California, in its Decision 1536, made May 22, 1914, held “that the methods pursued by the former officials of applicant in handling the funds in their care amounts to nothing more than a fraud, not only upon the public forced to use an inadequate and unserviceable system, but upon the bond and note holders of such company.”Of one transaction, in which President Calhoun was permitted to take $1,096,000 of the company’s funds, which it was claimed he had invested in a land project in Solano, in which Mr. Calhoun was interested, the Commission said:“No proof was made to this Commission that any part of this money was actually invested in the so-called Solano project, but we are confronted by the fact that Mr. Calhoun, under authority of the board of directors, and ratified by the stockholders, took from the treasury of applicant $1,096,000, and whether he invested it in the Solano project or not is unimportant in the consideration of this railroad company as a public utility.“It seems that upon the taking of office by Mr. Jesse Lilienthal, the present president of the railroad company, Mr. Calhoun was forced to execute a promissory note for $1,096,000, payable one day after date, in favor of the railroad company, secured by stock of the Solano project; but the judgment of the value of this promissory note is perhaps best indicated by the fact that Mr. Lilienthal immediately wrote this note down in the books of the company as of a value of $1.00.“We hesitate to put in words a proper characterization of this transaction. In plain terms, Mr. Calhoun took from the funds of this public utility corporation over $1,000,000, when every available dollar was sorely needed properly to increase the facilities of this company so as to serve the community of San Francisco, and at a time when this same company was urging upon this Commission the necessity of issuing further bonds to pay off maturing obligations, and also at a time when admittedly the outstanding obligations could not be paid at maturity by approximately $20,000,000.”This enormous sum had been taken in gold at various times, ranging in amounts from $250 to $85,000.
The Railroad Commission of California, in its Decision 1536, made May 22, 1914, held “that the methods pursued by the former officials of applicant in handling the funds in their care amounts to nothing more than a fraud, not only upon the public forced to use an inadequate and unserviceable system, but upon the bond and note holders of such company.”
Of one transaction, in which President Calhoun was permitted to take $1,096,000 of the company’s funds, which it was claimed he had invested in a land project in Solano, in which Mr. Calhoun was interested, the Commission said:
“No proof was made to this Commission that any part of this money was actually invested in the so-called Solano project, but we are confronted by the fact that Mr. Calhoun, under authority of the board of directors, and ratified by the stockholders, took from the treasury of applicant $1,096,000, and whether he invested it in the Solano project or not is unimportant in the consideration of this railroad company as a public utility.
“It seems that upon the taking of office by Mr. Jesse Lilienthal, the present president of the railroad company, Mr. Calhoun was forced to execute a promissory note for $1,096,000, payable one day after date, in favor of the railroad company, secured by stock of the Solano project; but the judgment of the value of this promissory note is perhaps best indicated by the fact that Mr. Lilienthal immediately wrote this note down in the books of the company as of a value of $1.00.
“We hesitate to put in words a proper characterization of this transaction. In plain terms, Mr. Calhoun took from the funds of this public utility corporation over $1,000,000, when every available dollar was sorely needed properly to increase the facilities of this company so as to serve the community of San Francisco, and at a time when this same company was urging upon this Commission the necessity of issuing further bonds to pay off maturing obligations, and also at a time when admittedly the outstanding obligations could not be paid at maturity by approximately $20,000,000.”
This enormous sum had been taken in gold at various times, ranging in amounts from $250 to $85,000.
[495]These measures are described in “The Story of the California Legislature of 1909.” The methods employed to defeat them were told in detail. See chapter “Defeat of the Commonwealth Club Bills.”
These measures are described in “The Story of the California Legislature of 1909.” The methods employed to defeat them were told in detail. See chapter “Defeat of the Commonwealth Club Bills.”
[496]Under the provisions of measures which became laws at the 1911 session, it is held that it will be impossible hereafter to put grand jurors on trial as was done in the San Francisco graft cases. Hereafter, too, an indictment or information may be amended by the District Attorney without leave of the Court at any time before the defendant pleads; and at any time thereafter in the discretion of the Court where it can be done without prejudice to the substantial rights of the defendant.Another measure takes from a witness his privilege of refusing to give testimony on the grounds that it may incriminate him. The witness is safeguarded, however, by a provision that he shall not be liable thereafter to prosecution nor punishment with respect to the offense regarding which such testimony is given.
Under the provisions of measures which became laws at the 1911 session, it is held that it will be impossible hereafter to put grand jurors on trial as was done in the San Francisco graft cases. Hereafter, too, an indictment or information may be amended by the District Attorney without leave of the Court at any time before the defendant pleads; and at any time thereafter in the discretion of the Court where it can be done without prejudice to the substantial rights of the defendant.
Another measure takes from a witness his privilege of refusing to give testimony on the grounds that it may incriminate him. The witness is safeguarded, however, by a provision that he shall not be liable thereafter to prosecution nor punishment with respect to the offense regarding which such testimony is given.