NOTES

NOTES[1]Schmitz, previous to his election, was employed as a musician in a San Francisco theater. His connection with organized labor came through membership in the Musicians’ Union. He had no intention of aspiring to the Mayor’s chair until Ruef suggested it to him.[2]The San Francisco labor strike of 1901 arose out of the refusal of the organized teamsters to deliver goods to a non-union express agency. The Employers’ Association refused to treat with the men collectively. Other organizations went out in sympathy.James D. Phelan, who was then Mayor, was the intermediary between the teamsters and their employees. He advocated recognition. The negotiations failed. During the progress of the strike there were constant disturbances. A steamship company, for example, employed prizefighters in the guise of workingmen to seek positions as strikebreakers, and when interfered with to belabor the pickets. Assaults were made upon non-union teamsters carrying supplies to and from railway stations. The Chief of Police, in order to preserve peaceful traffic, placed two policemen upon each truck. Labor leaders asked not only that the police be withdrawn from the trucks, but from the waterfront. This action the Mayor refused to take, on the ground that it was his duty to preserve public order, and that it was in the interest of all to avert rather than suppress trouble. A meeting of representatives of the several factions was held at the Mayor’s office, September 23, 1901. The story was circulated that the Mayor had said at the meeting that if the workmen did not want to be clubbed let them go to work. Both sides now admit the statement was not made. Joseph S. Tobin, Henry U. Brandenstein, Lawrence J. Dwyer and Peter J. Curtis, who were present, have set forth in affidavit that “Mayor Phelan did not say at said conference, as has been alleged, referring to the workingmen’s strike, that ‘if they don’t want to be clubbed let them go to work,’ nor did he make any statement of like import.” At the time, however, feeling was running so high at San Francisco that the most extravagant stories were believed. Opponents of the administration—those representing capital as well as those advocating recognition of the unions—seized upon every opportunity to discredit. Crafty adventurers of the type of Abe Ruef lost no chance to work distrust and confusion. Out of the turmoil came the Union Labor party.[3]Ruef graduated from the University of California and from the University of California law school with exceptional honors. He was at twenty-one a practicing attorney. With Franklin K. Lane, the present Secretary of the Interior, Dean John H. Wigmore of the Northwestern University, and others, he organized a club for civic reform. His first political convention, he tells us in his Confessions, showed him that representative government was a farce. He resolved to devote himself to his law practice. But almost immediately we find him an “errand boy” for Martin Kelly and Phil Crimmins, powerful “bosses” in their day, but now practically forgotten. Ruef continued with Kelly and Crimmins for ten years. He drifted with the machine, securing excellent training for his future career. His opportunity came in 1901, when, in its effort to throw off the yoke of the bosses, the State secured the enactment of a new primary law. Under this law Ruef took his first step to secure control of the State political machine. He seized upon the new law as a vehicle to organize a “reform” movement. His organization took the name Republican Primary League. He secured a large following. He was becoming powerful. He tells us in his Confessions that during this period he was invited to dine at the homes of men of political and social importance, among them William F. Herrin, chief counsel of the Southern Pacific Company, and Patrick Calhoun, president of the United Railroads. But as yet, Ruef had little real influence in the “organization.” Then came the labor unrest, and the Union Labor party movement. Ruef managed to combine the Republican Primary League with the Union Labor party movement. This combination was the basis of his campaign for the election of Schmitz.[4]Ruef also provided much of the funds employed in the first Schmitz campaign. In a statement published May 16, 1907, Ruef said: “When Schmitz first ran for Mayor I made his campaign for him, and put up $16,000. My friends told me I was a fool. I guess I was.”[5]Out of the 52,168 votes cast for Mayor, at the 1901 election, Schmitz received 21,776. His opponents—Wells (Republican) and Tobin (Democrat)—divided 30,392 between them, Wells receiving 17,718 and Tobin 12,674. Up to the present time (1914) the Union-Labor party has four times been successful in San Francisco mayoralty elections. But only once, in 1905, has its candidate been elected by majority vote. Changes in the San Francisco Charter, ratified at the 1911 session of the State Legislature, place the election of municipal officials on a non-partisan basis, and prevent election by plurality vote. Henceforth all officials must be elected by majority vote.[6]Schmitz’s letter announcing his obligation to Ruef was as follows:“My Dear Ruef: Now that the election is over and I am to be the Mayor of our native city, I wish to express to you and through you to all your loyal friends and the faithful Republicans who supported my cause, my profound appreciation of the generous, whole-souled, substantial and effective support accorded me in the exciting campaign which has just closed. Viewed from your prominent position in the Republican party, I know the seriousness of the step which you took when you voluntarily and unconditionally offered me your valuable aid, and I cannot in words properly give utterance to my deep feeling in this regard. I can only say that your action is worthy of yourself, and that no higher praise can be accorded you.“I have now for some fifteen years enjoyed your acquaintance and friendship and your services as my attorney in many capacities, and I say without hesitation or flattery that I have yet to find a more honorable, a more loyal, a more able attorney, or a truer friend.“I feel that I owe a great deal of my success in this campaign to you and your friends, and I shall not permit myself at any time to forget it.“Though you have never asked or even suggested it, I shall, with the utmost confidence and with a sentiment of absolute security, feel myself privileged at all times to consider you as my friendly counsellor and to call upon you whenever I may require assistance in the solution of any of the perplexing and complicated questions which must necessarily arise in the conduct of so vast and important an office.“I trust that you will not hesitate to say that I may do so. Again and again thanking you and your friends, I am,“Very sincerely yours,“E. E. SCHMITZ.”[7]Ruef at once availed himself of the opportunities which his position offered. He accepted regular “retainers” from public-service corporations. He testified before the Grand Jury that he was employed by the United Railroads through Tirey L. Ford, just after the first election of Schmitz, at $500 per month, and that he gave receipts to Ford for this money, during Schmitz’s first term of office, but received the money always in Ford’s office in currency; but that after the second election of Schmitz, he (Ruef) refused to give any more receipts for this money, although he continued to receive it from Ford the same as before with receipts, and that after the third election his salary was increased to $1,000 per month, which was paid in the same way by Ford without any receipts.Ruef further testified that he was employed by the Pacific States Telephone and Telegraph Company, immediately after Schmitz’s first election, through T. V. Halsey, and that Halsey paid him $1,200 per month in currency without any receipt.E. S. Pillsbury, general counsel of the Pacific States Telephone and Telegraph Company, testified that he never heard of Ruef’s employment until after the indictments were returned against Halsey, and that he, Pillsbury, attended to all of the legal business of the company during the entire time Ruef was under employment. Pillsbury received only $1,000 per month for his own services, and testified that he would have objected to the payment to Ruef of a larger salary than he was getting.Pillsbury was a stockholder to the amount of $500,000 in his own right, and was a member of the executive committee of the board of directors of the company.At the trial of The People vs. Tirey L. Ford, No. 817, I. W. Hellman, one of the most prominent of California bankers and at one time a director of the United Railroads, testified: “Some five years ago (the Ford trial was in 1907, which would make the date about 1902) Mr. Holland, who was then the president of the United Railways, came to me to ask my advice whether Mr. Ruef should be employed as an attorney for the United Railways, stating that by employing him peace could be secured with the labor unions, that he had great influence with them, and there would be general peace, and it was to the benefit of the railways company to have such peace. Mr. Ruef then was an attorney of high repute, recognized as a good lawyer, and I said if that could be accomplished it would be for the benefit of the railway company as well as for the public, and I advised yes. Whether he has been employed or not I do not know, because I afterward sold my interest in the company and I never have inquired whether he had been employed or not.”In this connection, it is interesting to note that Ruef in his latest confession, the publication of which was begun in the San Francisco Bulletin in May, 1912, states that his employment by corporations as attorney did not begin until after the second Schmitz election—that is to say, in 1903. Hellman’s testimony would indicate that his employment by the United Railroads dates from 1902. Compare with footnote77, page74.[8]Under amendments to the San Francisco Charter, ratified by the Legislature of 1911, the Mayor and Supervisors are now elected to four-year terms.[9]George F. Hatton, Southern Pacific lobbyist and politician, and political manager for United States Senator George C. Perkins, was one of the principal leaders of the 1905 “reform” movement. He was at one time retained as an attorney by the Empire Construction Company, affiliated with the Home Telephone Company, which was seeking a franchise to establish a telephone system in San Francisco in competition with the Pacific States Telephone and Telegraph Company. The Home Telephone Company contributed to the “reform” campaign fund. Through the “reform” Board of Supervisors, who were to be elected, and whose campaign was thus financed, the Home Company was to get its franchise. But the “reform” candidates were defeated, the Schmitz-Ruef Union-Labor party candidates were elected. The Home Telephone Company thereupon proceeded to secure its franchise by employing Ruef.[10]William Thomas, of the law firm of Thomas, Gerstle & Frick, attorneys for the Home Telephone Company, testified before the Grand Jury that his company had contributed $8,000 to the “reform” campaign fund. The testimony indicated that this money was used at the primaries. Louis Sloss, one of the leaders of the “reform” movement, testified that after the primaries, Detweiler, who was at the head of the Home Telephone Company enterprise, sent his personal check for $800 additional. Fairfax H. Wheelan, one of the leaders of the “reform” movement, testified before the Grand Jury that the Pacific States Telephone and Telegraph Company, in the name of T. V. Halsey, subscribed $2,000 to the fund; and the United Railroads, concealing its identity under the name “Cash,” $2,000 more.[11]Dr. Charles Boxton was one of the Union-Labor party Supervisors elected in 1905. At the second trial of Louis Glass, vice-president of the Pacific States Telephone and Telegraph Company, for bribery, Boxton testified that during the campaign, T. V. Halsey, political agent for the company, met him on the street and gave him a sealed envelope, saying: “If that will be of any use to you use it.”Boxton found the envelope to contain $1,000 in United States currency.[12]Francis J. Heney when five years old went to San Francisco with his parents. He was educated at the public schools of that city, the University of California, and Hastings Law School. After being admitted to practice he lived for a time in Arizona, where he served as Attorney-General. On his return to San Francisco in 1895, he confined himself to civil practice until, at the solicitation of United States Attorney-General Knox, he undertook the prosecution of the Oregon Land Fraud cases. He was at the close of successful prosecution of these cases, when invited by Rudolph Spreckels, Phelan and others, to participate in the prosecution of the San Francisco graft cases.[13]Heney’s statement was prophetic. The published account of his speech (see Chronicle, November 6, 1905) was as follows:“If I had control of the District Attorney’s office, I would indict Abe Ruef for felony and send him to the penitentiary, where he belongs, for I have personal knowledge that he is corrupt.“If you elect these people, the graft of this city will become so great that the citizens of San Francisco will ask me to come back and prosecute him. When the time comes I will do as the people request as a matter of civic duty.”Heney’s charge brought caustic reply from Ruef. In an open letter to Heney, published November 7, 1905, Ruef said:“Francis J. Heney:—In the published reports of your speech at Mechanics Pavilion last Saturday night you are represented as saying: ‘I say to you, moreover, that I personally know that Abraham Ruef is corrupt, and I say to you that whenever he wants me to prove it in court I will do so.’“I am not a candidate for office, but as a man I do not propose to leave your false statement undenied.“In the past I have paid little attention to anything said by hostile papers concerning myself, feeling that the public fully understood the despicable motives underlying the utterances of their proprietors. In your case a different situation presents itself. You have recently acquired considerable repute as a prosecuting attorney for the United States Government. Your statements, if unchallenged, may be given some credence by those not familiar with the true condition of affairs.“In making the statement that you personally know that I am corrupt you lied. You cannot personally know that which does not exist.“In making the statement at a time and place which allowed no opportunity for a legal showing before the date of the election which you seek to influence, you showed the same courage which put a bullet into the body of Dr. J. C. Handy of Tucson, Ariz., in 1891, for whose killing you were indicted for murder, and upon trial were acquitted because you were the only witness to the deed.“You say whenever I want you to prove it in court you will do so.“I want you to try to prove it, and at once. I demand that you begin at once. I know you cannot prove what does not exist. Why you should wait upon my desire, why you should depend upon my wish to proceed with the performance of what must be to every good citizen a public duty, I do not know.“But as you declare that you will proceed only with my consent, I give you here and now full consent and authority to proceed, and I go further and ask that you do so.“I regret that your recent identification with the Citizens’ Alliance and with the corporations anxious to encompass the defeat of a candidate in a political campaign should have made you so far forget the regard for truth, justice and decency which should characterize men in our profession, as to have induced you to take the chance of ruining for life the reputation and standing of one who is not rightfully amenable to your charge, and who has not otherwise heretofore given you the slightest private or personal provocation for your savage and mendacious attack.“A. RUEF.“San Francisco, November 6th.”[14]To hold that only 28,687 electors of San Francisco wished a change in the administration of San Francisco would be unjust. Many who were opposed to Ruef’s domination remained away from the polls, through dissatisfaction with the management of the fusion movement. Of the more than 40,000 who voted for the Union Labor ticket, were thousands of union men who were opposed to the Schmitz-Ruef element. But Ruef cleverly injected the Citizens’ Alliance issue, and the organized labor element was, because of this, made to vote practically solidly for the Ruef-selected candidates. The fact that voting machines were used in every precinct in San Francisco for the first time contributed to this. Members of labor unions did not understand the working of the machines, and were afraid to attempt to vote anything but the straight ticket. This dissatisfied organized labor element, two years later, contributed in no small degree to the election of Mayor E. R. Taylor and the re-election of District Attorney William H. Langdon, thereby making possible continuation until 1910 of the graft prosecution.[15]At Ruef’s trial for offering a bribe to Supervisor Furey, Supervisor James L. Gallagher testified that conferences for selecting the Union Labor party ticket, from Sheriff down, were held at Ruef’s office. Gallagher testified of one of these conferences:“The matter of the nominees for Supervisors was mentioned, and all that I recollect about it is that it was stated that there should be a good representation of prominent Union-Labor men on the ticket, and Mr. Ruef stated that he had that in mind, and that that would be done, and it was also stated that the members on the Board of Supervisors that were Union-Labor adherents should be nominated.” See The People vs. Abraham Ruef, No. 1437—Transcript on Appeal, Part 3, Vol. 3, page 1278.[16]The eighteen members of the Ruef-Schmitz Board of Supervisors were James L. Gallagher, attorney at law; Cornelius J. Harrigan, grocer; James T. Kelly, piano polisher; Thomas F. Lonergan, driver of a bakery delivery wagon; Max Mamlock, electrician; P. M. McGushin, saloonkeeper; F. P. Nicholas, carpenter; Jennings J. Phillips, employed in newspaper circulation department; L. A. Rea, painter; W. W. Sanderson, employed in grocery store; E. I. Walsh, shoemaker; Andrew M. Wilson, employing drayman; George Duffey, contracting plumber; Charles Boxton, dentist; M. W. Coffey, hackman; Daniel G. Coleman, clerk; Sam Davis, orchestra musician; John J. Furey, blacksmith and saloonkeeper.At the time the graft prosecution opened, Wilson had resigned his position as Supervisor to take up his work as State Railroad Commissioner, an office to which he was elected in 1906; and Duffey to be president of the Municipal Commission of Public Works, to which office he was appointed by Mayor Schmitz.[17]Supervisor E. I. Walsh in a sworn statement made to Heney, March 8, 1907, testified:“Q. And what was agreed upon there (in caucus) as to programme? A. I couldn’t say what was agreed upon with them.“Q. Wasn’t it arranged that every man should be treated alike as to money? A. It wasn’t openly suggested that way; it might have been said among the members that way.“Q. That was the understanding you had. A. Yes, sir.“Q. That you would be all treated equally and fairly? A. I presume that was the way it was understood.”Supervisor Lonergan had been promised by Supervisor Wilson $8000 for voting to give the United Railroads a permit to operate its lines under the trolley system. At a second meeting Wilson stated the amount would be $1000 only. Of the scene on this occasion, Lonergan testified at the trial in the case of the People vs. Ford. No. 817:“Q. What did he (Wilson) say on that occasion? A. There was only $4000 in it for me.“Q. What did you say. A. I asked him what the hell kind of work that was and what did he mean by it. And he shook his head and said that if I didn’t like it, all right; something to that effect.”[18]Evidence of Ruef’s distrust of his Supervisors was brought out at many points in the graft trials. When he discovered that individual Supervisors were, without his knowledge, taking bribes from the Pacific States Telephone and Telegraph Company, he stated to Dr. Joseph S. Poheim:“I see they have been trying to take my Supervisors away from me, but I have fixed them; I would like to see one of them throw me down.” (See Transcript, People vs. Ruef, 1437, Part 3, Vol. 9, p. 4018.) In the midst of the troubles brought upon him by the graft prosecution, Ruef complained that “These fellows (the Supervisors) would eat the paint off a house, and in order to hold them together I had to descend to their level and take them in with me.”Ruef was also jealous of Schmitz’s activity. When he learned that Schmitz had promised franchises independent of him, he directed Supervisor Wilson to oppose them. “Butt in on this Parkside business,” he said to Wilson. “Mr. Schmitz has promised the Ocean Shore and the Parkside; he is destroying my political influence; these people ought to be made to come and see me.”[19]Gallagher was by far the ablest member of the Ruef-Schmitz Board of Supervisors. He was by profession an attorney at law. In that capacity he had served first as Assistant City Attorney, and finally as City Attorney. For a time he was law partner with Hon. James G. Maguire, whose opposition, as member of Congress from California, to the Pacific railroads refunding measures, won him a national reputation. Maguire was candidate for Governor on the Democratic ticket in 1898, but was defeated. Gallagher had served as Supervisor previous to his election in 1905, and was one of the most experienced members of the Schmitz-Ruef board.At Ruef’s trial on the charge of offering a bribe to Supervisor Furey, Gallagher testified that soon after his election in 1905, Ruef told him there would be a number of matters coming before the Board of Supervisors in which the corporations and other large concerns would be interested; that there would be a number of large deals coming before the board in which he wanted him (Gallagher) to represent him on the board. Gallagher accepted the agency.[20]Gallagher testified before the Oliver Grand Jury of the nature of these caucuses. From his testimony the following is taken:“Q. They (the Supervisors) voted in the caucus and you knew how the vote would be. A. Yes, sir.“Q. And they would be bound by the caucus vote. A. That was understood that a man would vote at the caucus in the way he would vote at the meeting.“Q. You were understood to represent Mr. Ruef and Mr. Ruef’s views. A. That was generally understood by members of the board.“Q. And whatever way you went meant programme. A. I believe Mr. Ruef told a number of them so, and that circulated among the others; it was generally understood by them.”[21]Keane’s lasting loyalty to Ruef makes him one of the most interesting characters of the graft cases. He entered Ruef’s employ in 1898 as a law clerk. He remained in Ruef’s office until January, 1902, when Mayor Schmitz took office. Keane was then made secretary to the Mayor. He served in that capacity until January, 1906, when Ruef gained control of the Board of Supervisors. Ruef then made him clerk of the board. At Ruef’s trial for offering a bribe to Supervisor Furey, Gallagher testified that Ruef told him that Keane should be clerk. Gallagher notified the other members of Ruef’s decision, and that closed the incident. Keane was, however, much more than a mere clerk. Supervisor Wilson testified at the Ruef trial for offering a bribe to Furey, that he (Wilson) owed his nomination to Keane. Keane was elected to the State Senate where his loyalty to Ruef in foul as well as fair weather made him a conspicuous and somewhat notorious character. At present writing, Keane is foremost in the movement to bring about Ruef’s release from State prison.[22]At Ruef’s trial on the charge of offering a bribe to Supervisor Furey, Keane testified that these notes had been destroyed in the great fire of April 18-19-20, 1906. Keane testified further that Ruef was a constant attendant at the caucuses; that Schmitz was an occasional visitor; that Supervisor Gallagher presided.[23]Notices of the caucus meetings were sent to Ruef precisely as though he had been a member of the Board of Supervisors. At Ruef’s trial for offering a bribe to Supervisor Furey, the following letter of notification was introduced as evidence:“San Francisco, June 21st, 1906.“Hon. A. Ruef, San Francisco—Dear Sir: I respectfully beg leave to notify you that the Board of Supervisors will meet in caucus on Sunday evening, June 24th, at 8 o’clock p. m., at Hamilton Hall, Steiner street, near Geary. Your attendance is respectfully requested.“Yours truly,GEORGE B. KEANE, Clerk.”[24]The San Francisco Chronicle in its issue of March 8, 1906, said of the District Attorney’s raids on the gamblers:“The political push and the underworld generally are astonished at District Attorney Langdon’s unexpected outbreak. He has descended upon them like a thunderbolt out of a clear sky. For the moment even wrath is less in evidence than surprise. It was not expected. It is not what was paid for. It is like being murdered by one’s dearest friend. There is a complete reversal of the usual experience of mankind. In most cities the lid is on and weighed down before election but lifted and thrown away as soon as the votes are counted. To be allowed to run wide open before election and to be closed down and nailed up as soon as the new official is fairly seated is outside of all precedent. And all that after the most liberal contributions. There is a feeling in criminal circles that somebody is guilty of obtaining money under false pretenses. The District Attorney is the one official for whose friendship the lawbreakers have the most earnest longings, and behind their closed doors the idle gamblers are trying to figure out what ‘lay’ this dreadful Langdon is really on, and by what trade he has been induced to ignore all the promises expressed or implied, which those assumed to be able to speak for him dispersed so freely when votes were in demand.“As for the public, it was for none of these things. Among the decent portion of society the ‘motives’ of the District Attorney do not arouse even passing curiosity. What does interest them is the present vigor of his work, and the probability of his keeping it up.”[25]Ruef had consented to Langdon’s nomination for District Attorney, because he considered that Langdon’s intimate acquaintance with the teachers and pupils of the San Francisco public schools would help the ticket. For the three years preceding the campaign Langdon had been Superintendent of Schools at San Francisco. Ruef told Langdon after the election that he had no idea that any one other than Schmitz could be elected on the Union-Labor party ticket that year. When during the campaign Langdon began to develop strength in the contest for District Attorney, Ruef sent him a check for $200 for “campaign expenses,” saying that the money had been contributed by Tirey L. Ford of the United Railroads. Langdon returned the check to Ruef with the statement that he preferred to pay his own campaign expenses. During the campaign at every meeting he addressed, Langdon made the statement: “The laws are on the statute books; all may know them. I pledge myself to the enforcement of these laws.” To be sure, few if any paid much attention to what Langdon meant, but that was no fault of Langdon’s. Everybody was to learn from the hour that he assumed the duties of his office that he meant just what he said. Rudolph Spreckels testified at the Calhoun trial that when Langdon’s raids on the gambling dens were made public he felt that “we had a District Attorney who was desirous of doing his duty.” The raids were made in February, 1906. Spreckels, Heney, Phelan, Older and others were already considering plans for the exposure and check of the reign of Ruef.[26]Patrick Calhoun, in a letter to the press, dated March 21, 1906—less than a month before the great fire—stated that the time was near when the San Francisco street-car system would have to serve a million people. The 1910 census, taken four years after the fire, gave San Francisco a population of 416,912.[27]Ruef testified before the Grand Jury that the water deal would have been the most important pulled off by the Board of Supervisors. He testified that he had told Gallagher to tell the members of the Board there would be more money in it than had been received in any other deal. Ruef gave Gallagher to understand that the amount to be divided would be as much as $1,000,000.[28]The United Railroads was controlled by Eastern capital. Before the entrance of the United Railroads into the San Francisco field, California capital had dominated in purely local public utilities.[29]The public’s opposition to the overhead trolley system was that the poles and wires would be a disfigurement of what were regarded as the best streets; that the wires were dangerous, and would interfere with the work of firemen in fighting fires; that San Francisco was as much entitled as Washington and New York to the best system. Rudolph Spreckels at the trial of Patrick Calhoun for offering a bribe, testified as to his own opposition:“I believed that the overhead trolley was unsightly; that it increased the risk of fire; that it was dangerous; that it was noisy and unsightly. I believed from my own observation of the operation of the underground conduit system in other cities that it was preferable, that it was more sightly, just as rapid, and in every way more in keeping with a city of the size and importance of San Francisco. Having been born here, and having large property interests I felt it my duty, as I always have, and hope I always shall, to protect the interests of this community and to protect the interests of its citizens and its property owners. That was my purpose in opposing that franchise and that grant.”[30]As early as 1901, C. E. Grunsky, at that time City Engineer, was directed by the Board of Supervisors to gather data on the operation of electric roads under the conduit system. Grunsky’s findings were to the effect that conduit-electric roads were rapidly replacing other types of street railroads.The city also employed J. C. H. Stutt as consulting engineer, and sent him to New York and Washington to inspect and report upon the conduit systems in operation in those cities.He reported that the system was giving satisfaction in both cities, and in many cases was being substituted for the trolley. Engineer Stutt in comparing the two systems said:“As between the overhead system and the conduit-electric system, it is natural for private corporations to prefer the overhead trolley system onaccountof the first cost of roadbed construction, which is more than twice as great for the conduit system. The conduit system leaves the street open with the view unobstructed by poles, conductors, feed, guard and supporting wires and without the menace to the public and especially to the firemen, always inherent in the bare overhead electric conductor.”This report was widely quoted during the overhead-trolley-conduit agitation that was a feature of a greater part of Mayor Schmitz’s administrations.[31]Mr. Parsons found for the overhead trolley on the following general grounds:(1) That a uniform system was necessary.(2) That the lines must be extended to the suburbs.(3) That operation by overhead trolley is more satisfactory than by the conduit system.(4) That the greater part of the roads could be operated under trolley only.[32]Several questions were presented. The following is the vote as given in the Merchants’ Association Review, the organization’s official publication, for February, 1906:“TOTAL VOTE OF MEMBERS, 364.“1—Do you favor Mr. Parsons’s view of a uniform system of overhead trolley lines throughout the entire city, including a central line of ornamental trolley poles, with lights furnished by the Railroad company between the tracks on Market Street, and a trolley line with ornamental poles and lights furnished by the Railroad upon Sutter Street?“Votes received—Yes, 121; No, 204.“2—Do you favor an overhead trolley system throughout the city except on Market Street?“Votes received—Yes, 67; No, 212.“3—Do you favor an underground conduit system for Market Street and for the streets with cable lines leading into Market Street in the central downtown district and in the adjacent residence district, the remainder of the system to be overhead trolley?“Votes received—Yes, 198; No, 84.“4—Irrespective of what shall be done on any other streets, which system do you favor for Sutter Street: (a) an underground conduit, or (b) an overhead trolley line if equipped with ornamental poles and lights furnished free by the Railroad company, or (c) an improved cable system?Underground ConduitTrolleyCable“First Choice217935“Second Choice428362“Third Choice71494“5—Do you favor changing the cable lines on Nob Hill to electric lines by tunneling the hill and constructing a winding driveway with parks on California Street, as proposed in Mr. Parsons’s report?“Votes received—Yes, 158; No, 140.”This vote was taken after an extended debate at a banquet given by the Association in which Patrick Calhoun, president of the United Railroads, argued for the trolley system, and Frank J. Sullivan, president of the Sutter Street Improvement Club, spoke for the conduit.[33]The Improvement and Adornment Association employed D. H. Burnham to draw plans for the development of San Francisco. These plans, while drawn to attain a maximum of utility, were intended to secure a maximum of beauty as well. Streets were to be widened, boulevards built, parks established. The carrying out of these plans would have made San Francisco one of the most beautiful cities of the world. Their preparation cost the association $17,500. Mr. Burnham volunteered his own services.[34]The objection of the Sutter Street Improvement Club to the overhead trolley was set forth in the following statement, issued less than a month before the great fire of 1906:“The Sutter Street Improvement Club is unalterably opposed to the construction of an overhead trolley line on the Sutter Street system. We desire that the public should have no misconception of our position. We propose to contest to the end any attempt to get an overhead trolley on the entire Sutter Street system, and for that purpose we pledge ourselves, and promise to provide the necessary counsel to maintain our position in the courts. We want the public with us in this fight, as the fight is being made in the interests of the whole people.“Our own investigations make us absolutely certain that if the public understands the true situation, it will not be misled by the specious arguments of the United Railroads. The conduit electric system, despite what the United Railroads and its representatives may say, is practicable, safe, efficient and superior to an overhead trolley. We are further satisfied that the company is seeking, by an offer of $200,000 which they offer to the people, to save itself an expense of several million dollars, which the conduit electric system would cost, if it should be required to reconstruct all its lines using the conduits; but we believe—and we are certain that the citizens of San Francisco will agree with us in this—that since the United Railroads, through the watering of its stock, has already made many millions of dollars out of its properties, and is now taking, and will take many millions of profits from our people, that it can afford to contribute to San Francisco the cost of the most attractive and efficient system of electric railroads. The United Railroads has put forward many arguments which have been and are easily met:“First: It contended, as the public will remember, that the conduit electric system was impracticable on account of the accumulation of rain water in its conduits. This claim it has been forced to abandon.“Second: It proclaimed loudly that the added cost of construction of an electric conduit was such that the life of its franchise would not justify the outlay. Now, they have abandoned this claim, and assert that it is not the cost of construction, but that there are other reasons.“Third: They have declared that a uniform system was desirable. They now admit that a completely uniform system is impracticable, owing to grades, making it necessary to operate some lines by cable. Their only contention now is that the overhead trolley system is more efficient than either the cable or conduit electric system.“Mr. C. E. Grunsky is our authority for the statement that in making the change from the conduit electric to the trolley, in passing from city to suburbs, there are no objectionable features, nor danger. Sir Alex. B. W. Kennedy, consulting engineer to the London County Council, in recommending the adoption of the conduit electric system for London’s municipal street railways, said: ‘There is no difficulty in arranging the cars so that they can be run from the underground (conduit) to the overhead and vice versa, either with no stoppage at all at the point of change, or with a stopping of only a few seconds. There is no engineering difficulty whatever in using a mixed tramway system, i.e., partly underground (conduit) and partly overhead.’“We would suggest that the public compare the present overhead trolley system, operated by the United Railroads these many years in this city and county, with the service rendered by the California Cable Railway. There is no overhead trolley system in San Francisco to-day which surpasses the service given by the California Street Company.“It is claimed that the public will be given a speedier and more efficient service if the overhead trolley is permitted. We ask the thousands of citizens who have been compelled to wait for overhead trolley cars, and to stand up in those overhead vehicles, whether or not the overhead trolley has thus afforded them satisfactory service? If we may judge the future by the experience with the overhead trolley of the past, it means fewer cars (hence less expense to the United Railroads), overcrowding and discomfort of passengers. The only advantage which thus far has come from the system seems to be to the company itself. It employs fewer men as a result of that system, but the comfort and convenience of the public have not been substantially bettered by it as against the cable.“Before asking our people to give them an overhead trolley system throughout the whole city, the United Railroads would do well to show on some one of their overhead trolley lines now in operation a frequent, efficient and satisfactory service to the public. We do not want for San Francisco an extension and perpetuation of the unsightly, noisy, dangerous, uncomfortable and inefficient system of overhead trolleys as operated by the United Railroads to-day.“Citizens of San Francisco: Be not deceived by the selfish and specious arguments put forward by the United Railroads. If the public will stand together, we will win out in this fight; and, if it should be necessary to that end, the supporters of our organization will put before our citizens a plan for building a complete conduit electric system of railroads for San Francisco, to be built, in the first instance, by our people, but with a provision giving to the city an option to purchase the same at any time in the future at actual cost and interest, so that municipal ownership of the said system may result just as soon as the city is ready for it.“All that we ask is that the people stand fast, and save their city from what we believe would be a calamity from which it would not recover in the next twenty-five years.“Respectfully.“Frank J. Sullivan, Rudolph Spreckels, Julius Rosenstirn, Geo. W. Merritt, W. D. McCann, Houghton Sawyer. Edward P. E. Troy, Secretary.”[35]Rudolph Spreckels is a native of San Francisco. At seventeen he was employed in his father’s (Claus Spreckels) sugar refinery at Philadelphia. The Spreckels refinery was at the time in a life-and-death struggle with the “Sugar Trust.” Young Spreckels was given his first lessons in the methods employed by the “trust” elements to crush competition. His Philadelphia training in large degree prepared him for the work which later he was to do at San Francisco. At twenty-two he became president of the Hawaiian Commercial and Sugar Company, owners of one of the largest sugar plantations of the Hawaiian Islands. The venture had been a losing one. Spreckels put it on a paying basis within a year, and sold it at large profit. Before he was twenty-five he had become a millionaire in his own right. He has been engaged in business at San Francisco for many years, but only when moved by corrupt conditions to take up the fight for honest government did he become active in politics. He financed the graft prosecution. He has since taken active part in California politics, but has steadfastly refused to accept public office, preferring to do his work as a private citizen.

[1]Schmitz, previous to his election, was employed as a musician in a San Francisco theater. His connection with organized labor came through membership in the Musicians’ Union. He had no intention of aspiring to the Mayor’s chair until Ruef suggested it to him.

Schmitz, previous to his election, was employed as a musician in a San Francisco theater. His connection with organized labor came through membership in the Musicians’ Union. He had no intention of aspiring to the Mayor’s chair until Ruef suggested it to him.

[2]The San Francisco labor strike of 1901 arose out of the refusal of the organized teamsters to deliver goods to a non-union express agency. The Employers’ Association refused to treat with the men collectively. Other organizations went out in sympathy.James D. Phelan, who was then Mayor, was the intermediary between the teamsters and their employees. He advocated recognition. The negotiations failed. During the progress of the strike there were constant disturbances. A steamship company, for example, employed prizefighters in the guise of workingmen to seek positions as strikebreakers, and when interfered with to belabor the pickets. Assaults were made upon non-union teamsters carrying supplies to and from railway stations. The Chief of Police, in order to preserve peaceful traffic, placed two policemen upon each truck. Labor leaders asked not only that the police be withdrawn from the trucks, but from the waterfront. This action the Mayor refused to take, on the ground that it was his duty to preserve public order, and that it was in the interest of all to avert rather than suppress trouble. A meeting of representatives of the several factions was held at the Mayor’s office, September 23, 1901. The story was circulated that the Mayor had said at the meeting that if the workmen did not want to be clubbed let them go to work. Both sides now admit the statement was not made. Joseph S. Tobin, Henry U. Brandenstein, Lawrence J. Dwyer and Peter J. Curtis, who were present, have set forth in affidavit that “Mayor Phelan did not say at said conference, as has been alleged, referring to the workingmen’s strike, that ‘if they don’t want to be clubbed let them go to work,’ nor did he make any statement of like import.” At the time, however, feeling was running so high at San Francisco that the most extravagant stories were believed. Opponents of the administration—those representing capital as well as those advocating recognition of the unions—seized upon every opportunity to discredit. Crafty adventurers of the type of Abe Ruef lost no chance to work distrust and confusion. Out of the turmoil came the Union Labor party.

The San Francisco labor strike of 1901 arose out of the refusal of the organized teamsters to deliver goods to a non-union express agency. The Employers’ Association refused to treat with the men collectively. Other organizations went out in sympathy.

James D. Phelan, who was then Mayor, was the intermediary between the teamsters and their employees. He advocated recognition. The negotiations failed. During the progress of the strike there were constant disturbances. A steamship company, for example, employed prizefighters in the guise of workingmen to seek positions as strikebreakers, and when interfered with to belabor the pickets. Assaults were made upon non-union teamsters carrying supplies to and from railway stations. The Chief of Police, in order to preserve peaceful traffic, placed two policemen upon each truck. Labor leaders asked not only that the police be withdrawn from the trucks, but from the waterfront. This action the Mayor refused to take, on the ground that it was his duty to preserve public order, and that it was in the interest of all to avert rather than suppress trouble. A meeting of representatives of the several factions was held at the Mayor’s office, September 23, 1901. The story was circulated that the Mayor had said at the meeting that if the workmen did not want to be clubbed let them go to work. Both sides now admit the statement was not made. Joseph S. Tobin, Henry U. Brandenstein, Lawrence J. Dwyer and Peter J. Curtis, who were present, have set forth in affidavit that “Mayor Phelan did not say at said conference, as has been alleged, referring to the workingmen’s strike, that ‘if they don’t want to be clubbed let them go to work,’ nor did he make any statement of like import.” At the time, however, feeling was running so high at San Francisco that the most extravagant stories were believed. Opponents of the administration—those representing capital as well as those advocating recognition of the unions—seized upon every opportunity to discredit. Crafty adventurers of the type of Abe Ruef lost no chance to work distrust and confusion. Out of the turmoil came the Union Labor party.

[3]Ruef graduated from the University of California and from the University of California law school with exceptional honors. He was at twenty-one a practicing attorney. With Franklin K. Lane, the present Secretary of the Interior, Dean John H. Wigmore of the Northwestern University, and others, he organized a club for civic reform. His first political convention, he tells us in his Confessions, showed him that representative government was a farce. He resolved to devote himself to his law practice. But almost immediately we find him an “errand boy” for Martin Kelly and Phil Crimmins, powerful “bosses” in their day, but now practically forgotten. Ruef continued with Kelly and Crimmins for ten years. He drifted with the machine, securing excellent training for his future career. His opportunity came in 1901, when, in its effort to throw off the yoke of the bosses, the State secured the enactment of a new primary law. Under this law Ruef took his first step to secure control of the State political machine. He seized upon the new law as a vehicle to organize a “reform” movement. His organization took the name Republican Primary League. He secured a large following. He was becoming powerful. He tells us in his Confessions that during this period he was invited to dine at the homes of men of political and social importance, among them William F. Herrin, chief counsel of the Southern Pacific Company, and Patrick Calhoun, president of the United Railroads. But as yet, Ruef had little real influence in the “organization.” Then came the labor unrest, and the Union Labor party movement. Ruef managed to combine the Republican Primary League with the Union Labor party movement. This combination was the basis of his campaign for the election of Schmitz.

Ruef graduated from the University of California and from the University of California law school with exceptional honors. He was at twenty-one a practicing attorney. With Franklin K. Lane, the present Secretary of the Interior, Dean John H. Wigmore of the Northwestern University, and others, he organized a club for civic reform. His first political convention, he tells us in his Confessions, showed him that representative government was a farce. He resolved to devote himself to his law practice. But almost immediately we find him an “errand boy” for Martin Kelly and Phil Crimmins, powerful “bosses” in their day, but now practically forgotten. Ruef continued with Kelly and Crimmins for ten years. He drifted with the machine, securing excellent training for his future career. His opportunity came in 1901, when, in its effort to throw off the yoke of the bosses, the State secured the enactment of a new primary law. Under this law Ruef took his first step to secure control of the State political machine. He seized upon the new law as a vehicle to organize a “reform” movement. His organization took the name Republican Primary League. He secured a large following. He was becoming powerful. He tells us in his Confessions that during this period he was invited to dine at the homes of men of political and social importance, among them William F. Herrin, chief counsel of the Southern Pacific Company, and Patrick Calhoun, president of the United Railroads. But as yet, Ruef had little real influence in the “organization.” Then came the labor unrest, and the Union Labor party movement. Ruef managed to combine the Republican Primary League with the Union Labor party movement. This combination was the basis of his campaign for the election of Schmitz.

[4]Ruef also provided much of the funds employed in the first Schmitz campaign. In a statement published May 16, 1907, Ruef said: “When Schmitz first ran for Mayor I made his campaign for him, and put up $16,000. My friends told me I was a fool. I guess I was.”

Ruef also provided much of the funds employed in the first Schmitz campaign. In a statement published May 16, 1907, Ruef said: “When Schmitz first ran for Mayor I made his campaign for him, and put up $16,000. My friends told me I was a fool. I guess I was.”

[5]Out of the 52,168 votes cast for Mayor, at the 1901 election, Schmitz received 21,776. His opponents—Wells (Republican) and Tobin (Democrat)—divided 30,392 between them, Wells receiving 17,718 and Tobin 12,674. Up to the present time (1914) the Union-Labor party has four times been successful in San Francisco mayoralty elections. But only once, in 1905, has its candidate been elected by majority vote. Changes in the San Francisco Charter, ratified at the 1911 session of the State Legislature, place the election of municipal officials on a non-partisan basis, and prevent election by plurality vote. Henceforth all officials must be elected by majority vote.

Out of the 52,168 votes cast for Mayor, at the 1901 election, Schmitz received 21,776. His opponents—Wells (Republican) and Tobin (Democrat)—divided 30,392 between them, Wells receiving 17,718 and Tobin 12,674. Up to the present time (1914) the Union-Labor party has four times been successful in San Francisco mayoralty elections. But only once, in 1905, has its candidate been elected by majority vote. Changes in the San Francisco Charter, ratified at the 1911 session of the State Legislature, place the election of municipal officials on a non-partisan basis, and prevent election by plurality vote. Henceforth all officials must be elected by majority vote.

[6]Schmitz’s letter announcing his obligation to Ruef was as follows:“My Dear Ruef: Now that the election is over and I am to be the Mayor of our native city, I wish to express to you and through you to all your loyal friends and the faithful Republicans who supported my cause, my profound appreciation of the generous, whole-souled, substantial and effective support accorded me in the exciting campaign which has just closed. Viewed from your prominent position in the Republican party, I know the seriousness of the step which you took when you voluntarily and unconditionally offered me your valuable aid, and I cannot in words properly give utterance to my deep feeling in this regard. I can only say that your action is worthy of yourself, and that no higher praise can be accorded you.“I have now for some fifteen years enjoyed your acquaintance and friendship and your services as my attorney in many capacities, and I say without hesitation or flattery that I have yet to find a more honorable, a more loyal, a more able attorney, or a truer friend.“I feel that I owe a great deal of my success in this campaign to you and your friends, and I shall not permit myself at any time to forget it.“Though you have never asked or even suggested it, I shall, with the utmost confidence and with a sentiment of absolute security, feel myself privileged at all times to consider you as my friendly counsellor and to call upon you whenever I may require assistance in the solution of any of the perplexing and complicated questions which must necessarily arise in the conduct of so vast and important an office.“I trust that you will not hesitate to say that I may do so. Again and again thanking you and your friends, I am,“Very sincerely yours,“E. E. SCHMITZ.”

Schmitz’s letter announcing his obligation to Ruef was as follows:

“My Dear Ruef: Now that the election is over and I am to be the Mayor of our native city, I wish to express to you and through you to all your loyal friends and the faithful Republicans who supported my cause, my profound appreciation of the generous, whole-souled, substantial and effective support accorded me in the exciting campaign which has just closed. Viewed from your prominent position in the Republican party, I know the seriousness of the step which you took when you voluntarily and unconditionally offered me your valuable aid, and I cannot in words properly give utterance to my deep feeling in this regard. I can only say that your action is worthy of yourself, and that no higher praise can be accorded you.

“I have now for some fifteen years enjoyed your acquaintance and friendship and your services as my attorney in many capacities, and I say without hesitation or flattery that I have yet to find a more honorable, a more loyal, a more able attorney, or a truer friend.

“I feel that I owe a great deal of my success in this campaign to you and your friends, and I shall not permit myself at any time to forget it.

“Though you have never asked or even suggested it, I shall, with the utmost confidence and with a sentiment of absolute security, feel myself privileged at all times to consider you as my friendly counsellor and to call upon you whenever I may require assistance in the solution of any of the perplexing and complicated questions which must necessarily arise in the conduct of so vast and important an office.

“I trust that you will not hesitate to say that I may do so. Again and again thanking you and your friends, I am,

“Very sincerely yours,“E. E. SCHMITZ.”

[7]Ruef at once availed himself of the opportunities which his position offered. He accepted regular “retainers” from public-service corporations. He testified before the Grand Jury that he was employed by the United Railroads through Tirey L. Ford, just after the first election of Schmitz, at $500 per month, and that he gave receipts to Ford for this money, during Schmitz’s first term of office, but received the money always in Ford’s office in currency; but that after the second election of Schmitz, he (Ruef) refused to give any more receipts for this money, although he continued to receive it from Ford the same as before with receipts, and that after the third election his salary was increased to $1,000 per month, which was paid in the same way by Ford without any receipts.Ruef further testified that he was employed by the Pacific States Telephone and Telegraph Company, immediately after Schmitz’s first election, through T. V. Halsey, and that Halsey paid him $1,200 per month in currency without any receipt.E. S. Pillsbury, general counsel of the Pacific States Telephone and Telegraph Company, testified that he never heard of Ruef’s employment until after the indictments were returned against Halsey, and that he, Pillsbury, attended to all of the legal business of the company during the entire time Ruef was under employment. Pillsbury received only $1,000 per month for his own services, and testified that he would have objected to the payment to Ruef of a larger salary than he was getting.Pillsbury was a stockholder to the amount of $500,000 in his own right, and was a member of the executive committee of the board of directors of the company.At the trial of The People vs. Tirey L. Ford, No. 817, I. W. Hellman, one of the most prominent of California bankers and at one time a director of the United Railroads, testified: “Some five years ago (the Ford trial was in 1907, which would make the date about 1902) Mr. Holland, who was then the president of the United Railways, came to me to ask my advice whether Mr. Ruef should be employed as an attorney for the United Railways, stating that by employing him peace could be secured with the labor unions, that he had great influence with them, and there would be general peace, and it was to the benefit of the railways company to have such peace. Mr. Ruef then was an attorney of high repute, recognized as a good lawyer, and I said if that could be accomplished it would be for the benefit of the railway company as well as for the public, and I advised yes. Whether he has been employed or not I do not know, because I afterward sold my interest in the company and I never have inquired whether he had been employed or not.”In this connection, it is interesting to note that Ruef in his latest confession, the publication of which was begun in the San Francisco Bulletin in May, 1912, states that his employment by corporations as attorney did not begin until after the second Schmitz election—that is to say, in 1903. Hellman’s testimony would indicate that his employment by the United Railroads dates from 1902. Compare with footnote77, page74.

Ruef at once availed himself of the opportunities which his position offered. He accepted regular “retainers” from public-service corporations. He testified before the Grand Jury that he was employed by the United Railroads through Tirey L. Ford, just after the first election of Schmitz, at $500 per month, and that he gave receipts to Ford for this money, during Schmitz’s first term of office, but received the money always in Ford’s office in currency; but that after the second election of Schmitz, he (Ruef) refused to give any more receipts for this money, although he continued to receive it from Ford the same as before with receipts, and that after the third election his salary was increased to $1,000 per month, which was paid in the same way by Ford without any receipts.

Ruef further testified that he was employed by the Pacific States Telephone and Telegraph Company, immediately after Schmitz’s first election, through T. V. Halsey, and that Halsey paid him $1,200 per month in currency without any receipt.

E. S. Pillsbury, general counsel of the Pacific States Telephone and Telegraph Company, testified that he never heard of Ruef’s employment until after the indictments were returned against Halsey, and that he, Pillsbury, attended to all of the legal business of the company during the entire time Ruef was under employment. Pillsbury received only $1,000 per month for his own services, and testified that he would have objected to the payment to Ruef of a larger salary than he was getting.

Pillsbury was a stockholder to the amount of $500,000 in his own right, and was a member of the executive committee of the board of directors of the company.

At the trial of The People vs. Tirey L. Ford, No. 817, I. W. Hellman, one of the most prominent of California bankers and at one time a director of the United Railroads, testified: “Some five years ago (the Ford trial was in 1907, which would make the date about 1902) Mr. Holland, who was then the president of the United Railways, came to me to ask my advice whether Mr. Ruef should be employed as an attorney for the United Railways, stating that by employing him peace could be secured with the labor unions, that he had great influence with them, and there would be general peace, and it was to the benefit of the railways company to have such peace. Mr. Ruef then was an attorney of high repute, recognized as a good lawyer, and I said if that could be accomplished it would be for the benefit of the railway company as well as for the public, and I advised yes. Whether he has been employed or not I do not know, because I afterward sold my interest in the company and I never have inquired whether he had been employed or not.”

In this connection, it is interesting to note that Ruef in his latest confession, the publication of which was begun in the San Francisco Bulletin in May, 1912, states that his employment by corporations as attorney did not begin until after the second Schmitz election—that is to say, in 1903. Hellman’s testimony would indicate that his employment by the United Railroads dates from 1902. Compare with footnote77, page74.

[8]Under amendments to the San Francisco Charter, ratified by the Legislature of 1911, the Mayor and Supervisors are now elected to four-year terms.

Under amendments to the San Francisco Charter, ratified by the Legislature of 1911, the Mayor and Supervisors are now elected to four-year terms.

[9]George F. Hatton, Southern Pacific lobbyist and politician, and political manager for United States Senator George C. Perkins, was one of the principal leaders of the 1905 “reform” movement. He was at one time retained as an attorney by the Empire Construction Company, affiliated with the Home Telephone Company, which was seeking a franchise to establish a telephone system in San Francisco in competition with the Pacific States Telephone and Telegraph Company. The Home Telephone Company contributed to the “reform” campaign fund. Through the “reform” Board of Supervisors, who were to be elected, and whose campaign was thus financed, the Home Company was to get its franchise. But the “reform” candidates were defeated, the Schmitz-Ruef Union-Labor party candidates were elected. The Home Telephone Company thereupon proceeded to secure its franchise by employing Ruef.

George F. Hatton, Southern Pacific lobbyist and politician, and political manager for United States Senator George C. Perkins, was one of the principal leaders of the 1905 “reform” movement. He was at one time retained as an attorney by the Empire Construction Company, affiliated with the Home Telephone Company, which was seeking a franchise to establish a telephone system in San Francisco in competition with the Pacific States Telephone and Telegraph Company. The Home Telephone Company contributed to the “reform” campaign fund. Through the “reform” Board of Supervisors, who were to be elected, and whose campaign was thus financed, the Home Company was to get its franchise. But the “reform” candidates were defeated, the Schmitz-Ruef Union-Labor party candidates were elected. The Home Telephone Company thereupon proceeded to secure its franchise by employing Ruef.

[10]William Thomas, of the law firm of Thomas, Gerstle & Frick, attorneys for the Home Telephone Company, testified before the Grand Jury that his company had contributed $8,000 to the “reform” campaign fund. The testimony indicated that this money was used at the primaries. Louis Sloss, one of the leaders of the “reform” movement, testified that after the primaries, Detweiler, who was at the head of the Home Telephone Company enterprise, sent his personal check for $800 additional. Fairfax H. Wheelan, one of the leaders of the “reform” movement, testified before the Grand Jury that the Pacific States Telephone and Telegraph Company, in the name of T. V. Halsey, subscribed $2,000 to the fund; and the United Railroads, concealing its identity under the name “Cash,” $2,000 more.

William Thomas, of the law firm of Thomas, Gerstle & Frick, attorneys for the Home Telephone Company, testified before the Grand Jury that his company had contributed $8,000 to the “reform” campaign fund. The testimony indicated that this money was used at the primaries. Louis Sloss, one of the leaders of the “reform” movement, testified that after the primaries, Detweiler, who was at the head of the Home Telephone Company enterprise, sent his personal check for $800 additional. Fairfax H. Wheelan, one of the leaders of the “reform” movement, testified before the Grand Jury that the Pacific States Telephone and Telegraph Company, in the name of T. V. Halsey, subscribed $2,000 to the fund; and the United Railroads, concealing its identity under the name “Cash,” $2,000 more.

[11]Dr. Charles Boxton was one of the Union-Labor party Supervisors elected in 1905. At the second trial of Louis Glass, vice-president of the Pacific States Telephone and Telegraph Company, for bribery, Boxton testified that during the campaign, T. V. Halsey, political agent for the company, met him on the street and gave him a sealed envelope, saying: “If that will be of any use to you use it.”Boxton found the envelope to contain $1,000 in United States currency.

Dr. Charles Boxton was one of the Union-Labor party Supervisors elected in 1905. At the second trial of Louis Glass, vice-president of the Pacific States Telephone and Telegraph Company, for bribery, Boxton testified that during the campaign, T. V. Halsey, political agent for the company, met him on the street and gave him a sealed envelope, saying: “If that will be of any use to you use it.”

Boxton found the envelope to contain $1,000 in United States currency.

[12]Francis J. Heney when five years old went to San Francisco with his parents. He was educated at the public schools of that city, the University of California, and Hastings Law School. After being admitted to practice he lived for a time in Arizona, where he served as Attorney-General. On his return to San Francisco in 1895, he confined himself to civil practice until, at the solicitation of United States Attorney-General Knox, he undertook the prosecution of the Oregon Land Fraud cases. He was at the close of successful prosecution of these cases, when invited by Rudolph Spreckels, Phelan and others, to participate in the prosecution of the San Francisco graft cases.

Francis J. Heney when five years old went to San Francisco with his parents. He was educated at the public schools of that city, the University of California, and Hastings Law School. After being admitted to practice he lived for a time in Arizona, where he served as Attorney-General. On his return to San Francisco in 1895, he confined himself to civil practice until, at the solicitation of United States Attorney-General Knox, he undertook the prosecution of the Oregon Land Fraud cases. He was at the close of successful prosecution of these cases, when invited by Rudolph Spreckels, Phelan and others, to participate in the prosecution of the San Francisco graft cases.

[13]Heney’s statement was prophetic. The published account of his speech (see Chronicle, November 6, 1905) was as follows:“If I had control of the District Attorney’s office, I would indict Abe Ruef for felony and send him to the penitentiary, where he belongs, for I have personal knowledge that he is corrupt.“If you elect these people, the graft of this city will become so great that the citizens of San Francisco will ask me to come back and prosecute him. When the time comes I will do as the people request as a matter of civic duty.”Heney’s charge brought caustic reply from Ruef. In an open letter to Heney, published November 7, 1905, Ruef said:“Francis J. Heney:—In the published reports of your speech at Mechanics Pavilion last Saturday night you are represented as saying: ‘I say to you, moreover, that I personally know that Abraham Ruef is corrupt, and I say to you that whenever he wants me to prove it in court I will do so.’“I am not a candidate for office, but as a man I do not propose to leave your false statement undenied.“In the past I have paid little attention to anything said by hostile papers concerning myself, feeling that the public fully understood the despicable motives underlying the utterances of their proprietors. In your case a different situation presents itself. You have recently acquired considerable repute as a prosecuting attorney for the United States Government. Your statements, if unchallenged, may be given some credence by those not familiar with the true condition of affairs.“In making the statement that you personally know that I am corrupt you lied. You cannot personally know that which does not exist.“In making the statement at a time and place which allowed no opportunity for a legal showing before the date of the election which you seek to influence, you showed the same courage which put a bullet into the body of Dr. J. C. Handy of Tucson, Ariz., in 1891, for whose killing you were indicted for murder, and upon trial were acquitted because you were the only witness to the deed.“You say whenever I want you to prove it in court you will do so.“I want you to try to prove it, and at once. I demand that you begin at once. I know you cannot prove what does not exist. Why you should wait upon my desire, why you should depend upon my wish to proceed with the performance of what must be to every good citizen a public duty, I do not know.“But as you declare that you will proceed only with my consent, I give you here and now full consent and authority to proceed, and I go further and ask that you do so.“I regret that your recent identification with the Citizens’ Alliance and with the corporations anxious to encompass the defeat of a candidate in a political campaign should have made you so far forget the regard for truth, justice and decency which should characterize men in our profession, as to have induced you to take the chance of ruining for life the reputation and standing of one who is not rightfully amenable to your charge, and who has not otherwise heretofore given you the slightest private or personal provocation for your savage and mendacious attack.“A. RUEF.“San Francisco, November 6th.”

Heney’s statement was prophetic. The published account of his speech (see Chronicle, November 6, 1905) was as follows:

“If I had control of the District Attorney’s office, I would indict Abe Ruef for felony and send him to the penitentiary, where he belongs, for I have personal knowledge that he is corrupt.

“If you elect these people, the graft of this city will become so great that the citizens of San Francisco will ask me to come back and prosecute him. When the time comes I will do as the people request as a matter of civic duty.”

Heney’s charge brought caustic reply from Ruef. In an open letter to Heney, published November 7, 1905, Ruef said:

“Francis J. Heney:—In the published reports of your speech at Mechanics Pavilion last Saturday night you are represented as saying: ‘I say to you, moreover, that I personally know that Abraham Ruef is corrupt, and I say to you that whenever he wants me to prove it in court I will do so.’

“I am not a candidate for office, but as a man I do not propose to leave your false statement undenied.

“In the past I have paid little attention to anything said by hostile papers concerning myself, feeling that the public fully understood the despicable motives underlying the utterances of their proprietors. In your case a different situation presents itself. You have recently acquired considerable repute as a prosecuting attorney for the United States Government. Your statements, if unchallenged, may be given some credence by those not familiar with the true condition of affairs.

“In making the statement that you personally know that I am corrupt you lied. You cannot personally know that which does not exist.

“In making the statement at a time and place which allowed no opportunity for a legal showing before the date of the election which you seek to influence, you showed the same courage which put a bullet into the body of Dr. J. C. Handy of Tucson, Ariz., in 1891, for whose killing you were indicted for murder, and upon trial were acquitted because you were the only witness to the deed.

“You say whenever I want you to prove it in court you will do so.

“I want you to try to prove it, and at once. I demand that you begin at once. I know you cannot prove what does not exist. Why you should wait upon my desire, why you should depend upon my wish to proceed with the performance of what must be to every good citizen a public duty, I do not know.

“But as you declare that you will proceed only with my consent, I give you here and now full consent and authority to proceed, and I go further and ask that you do so.

“I regret that your recent identification with the Citizens’ Alliance and with the corporations anxious to encompass the defeat of a candidate in a political campaign should have made you so far forget the regard for truth, justice and decency which should characterize men in our profession, as to have induced you to take the chance of ruining for life the reputation and standing of one who is not rightfully amenable to your charge, and who has not otherwise heretofore given you the slightest private or personal provocation for your savage and mendacious attack.

“A. RUEF.

“San Francisco, November 6th.”

[14]To hold that only 28,687 electors of San Francisco wished a change in the administration of San Francisco would be unjust. Many who were opposed to Ruef’s domination remained away from the polls, through dissatisfaction with the management of the fusion movement. Of the more than 40,000 who voted for the Union Labor ticket, were thousands of union men who were opposed to the Schmitz-Ruef element. But Ruef cleverly injected the Citizens’ Alliance issue, and the organized labor element was, because of this, made to vote practically solidly for the Ruef-selected candidates. The fact that voting machines were used in every precinct in San Francisco for the first time contributed to this. Members of labor unions did not understand the working of the machines, and were afraid to attempt to vote anything but the straight ticket. This dissatisfied organized labor element, two years later, contributed in no small degree to the election of Mayor E. R. Taylor and the re-election of District Attorney William H. Langdon, thereby making possible continuation until 1910 of the graft prosecution.

To hold that only 28,687 electors of San Francisco wished a change in the administration of San Francisco would be unjust. Many who were opposed to Ruef’s domination remained away from the polls, through dissatisfaction with the management of the fusion movement. Of the more than 40,000 who voted for the Union Labor ticket, were thousands of union men who were opposed to the Schmitz-Ruef element. But Ruef cleverly injected the Citizens’ Alliance issue, and the organized labor element was, because of this, made to vote practically solidly for the Ruef-selected candidates. The fact that voting machines were used in every precinct in San Francisco for the first time contributed to this. Members of labor unions did not understand the working of the machines, and were afraid to attempt to vote anything but the straight ticket. This dissatisfied organized labor element, two years later, contributed in no small degree to the election of Mayor E. R. Taylor and the re-election of District Attorney William H. Langdon, thereby making possible continuation until 1910 of the graft prosecution.

[15]At Ruef’s trial for offering a bribe to Supervisor Furey, Supervisor James L. Gallagher testified that conferences for selecting the Union Labor party ticket, from Sheriff down, were held at Ruef’s office. Gallagher testified of one of these conferences:“The matter of the nominees for Supervisors was mentioned, and all that I recollect about it is that it was stated that there should be a good representation of prominent Union-Labor men on the ticket, and Mr. Ruef stated that he had that in mind, and that that would be done, and it was also stated that the members on the Board of Supervisors that were Union-Labor adherents should be nominated.” See The People vs. Abraham Ruef, No. 1437—Transcript on Appeal, Part 3, Vol. 3, page 1278.

At Ruef’s trial for offering a bribe to Supervisor Furey, Supervisor James L. Gallagher testified that conferences for selecting the Union Labor party ticket, from Sheriff down, were held at Ruef’s office. Gallagher testified of one of these conferences:

“The matter of the nominees for Supervisors was mentioned, and all that I recollect about it is that it was stated that there should be a good representation of prominent Union-Labor men on the ticket, and Mr. Ruef stated that he had that in mind, and that that would be done, and it was also stated that the members on the Board of Supervisors that were Union-Labor adherents should be nominated.” See The People vs. Abraham Ruef, No. 1437—Transcript on Appeal, Part 3, Vol. 3, page 1278.

[16]The eighteen members of the Ruef-Schmitz Board of Supervisors were James L. Gallagher, attorney at law; Cornelius J. Harrigan, grocer; James T. Kelly, piano polisher; Thomas F. Lonergan, driver of a bakery delivery wagon; Max Mamlock, electrician; P. M. McGushin, saloonkeeper; F. P. Nicholas, carpenter; Jennings J. Phillips, employed in newspaper circulation department; L. A. Rea, painter; W. W. Sanderson, employed in grocery store; E. I. Walsh, shoemaker; Andrew M. Wilson, employing drayman; George Duffey, contracting plumber; Charles Boxton, dentist; M. W. Coffey, hackman; Daniel G. Coleman, clerk; Sam Davis, orchestra musician; John J. Furey, blacksmith and saloonkeeper.At the time the graft prosecution opened, Wilson had resigned his position as Supervisor to take up his work as State Railroad Commissioner, an office to which he was elected in 1906; and Duffey to be president of the Municipal Commission of Public Works, to which office he was appointed by Mayor Schmitz.

The eighteen members of the Ruef-Schmitz Board of Supervisors were James L. Gallagher, attorney at law; Cornelius J. Harrigan, grocer; James T. Kelly, piano polisher; Thomas F. Lonergan, driver of a bakery delivery wagon; Max Mamlock, electrician; P. M. McGushin, saloonkeeper; F. P. Nicholas, carpenter; Jennings J. Phillips, employed in newspaper circulation department; L. A. Rea, painter; W. W. Sanderson, employed in grocery store; E. I. Walsh, shoemaker; Andrew M. Wilson, employing drayman; George Duffey, contracting plumber; Charles Boxton, dentist; M. W. Coffey, hackman; Daniel G. Coleman, clerk; Sam Davis, orchestra musician; John J. Furey, blacksmith and saloonkeeper.

At the time the graft prosecution opened, Wilson had resigned his position as Supervisor to take up his work as State Railroad Commissioner, an office to which he was elected in 1906; and Duffey to be president of the Municipal Commission of Public Works, to which office he was appointed by Mayor Schmitz.

[17]Supervisor E. I. Walsh in a sworn statement made to Heney, March 8, 1907, testified:“Q. And what was agreed upon there (in caucus) as to programme? A. I couldn’t say what was agreed upon with them.“Q. Wasn’t it arranged that every man should be treated alike as to money? A. It wasn’t openly suggested that way; it might have been said among the members that way.“Q. That was the understanding you had. A. Yes, sir.“Q. That you would be all treated equally and fairly? A. I presume that was the way it was understood.”Supervisor Lonergan had been promised by Supervisor Wilson $8000 for voting to give the United Railroads a permit to operate its lines under the trolley system. At a second meeting Wilson stated the amount would be $1000 only. Of the scene on this occasion, Lonergan testified at the trial in the case of the People vs. Ford. No. 817:“Q. What did he (Wilson) say on that occasion? A. There was only $4000 in it for me.“Q. What did you say. A. I asked him what the hell kind of work that was and what did he mean by it. And he shook his head and said that if I didn’t like it, all right; something to that effect.”

Supervisor E. I. Walsh in a sworn statement made to Heney, March 8, 1907, testified:

“Q. And what was agreed upon there (in caucus) as to programme? A. I couldn’t say what was agreed upon with them.

“Q. Wasn’t it arranged that every man should be treated alike as to money? A. It wasn’t openly suggested that way; it might have been said among the members that way.

“Q. That was the understanding you had. A. Yes, sir.

“Q. That you would be all treated equally and fairly? A. I presume that was the way it was understood.”

Supervisor Lonergan had been promised by Supervisor Wilson $8000 for voting to give the United Railroads a permit to operate its lines under the trolley system. At a second meeting Wilson stated the amount would be $1000 only. Of the scene on this occasion, Lonergan testified at the trial in the case of the People vs. Ford. No. 817:

“Q. What did he (Wilson) say on that occasion? A. There was only $4000 in it for me.

“Q. What did you say. A. I asked him what the hell kind of work that was and what did he mean by it. And he shook his head and said that if I didn’t like it, all right; something to that effect.”

[18]Evidence of Ruef’s distrust of his Supervisors was brought out at many points in the graft trials. When he discovered that individual Supervisors were, without his knowledge, taking bribes from the Pacific States Telephone and Telegraph Company, he stated to Dr. Joseph S. Poheim:“I see they have been trying to take my Supervisors away from me, but I have fixed them; I would like to see one of them throw me down.” (See Transcript, People vs. Ruef, 1437, Part 3, Vol. 9, p. 4018.) In the midst of the troubles brought upon him by the graft prosecution, Ruef complained that “These fellows (the Supervisors) would eat the paint off a house, and in order to hold them together I had to descend to their level and take them in with me.”Ruef was also jealous of Schmitz’s activity. When he learned that Schmitz had promised franchises independent of him, he directed Supervisor Wilson to oppose them. “Butt in on this Parkside business,” he said to Wilson. “Mr. Schmitz has promised the Ocean Shore and the Parkside; he is destroying my political influence; these people ought to be made to come and see me.”

Evidence of Ruef’s distrust of his Supervisors was brought out at many points in the graft trials. When he discovered that individual Supervisors were, without his knowledge, taking bribes from the Pacific States Telephone and Telegraph Company, he stated to Dr. Joseph S. Poheim:

“I see they have been trying to take my Supervisors away from me, but I have fixed them; I would like to see one of them throw me down.” (See Transcript, People vs. Ruef, 1437, Part 3, Vol. 9, p. 4018.) In the midst of the troubles brought upon him by the graft prosecution, Ruef complained that “These fellows (the Supervisors) would eat the paint off a house, and in order to hold them together I had to descend to their level and take them in with me.”

Ruef was also jealous of Schmitz’s activity. When he learned that Schmitz had promised franchises independent of him, he directed Supervisor Wilson to oppose them. “Butt in on this Parkside business,” he said to Wilson. “Mr. Schmitz has promised the Ocean Shore and the Parkside; he is destroying my political influence; these people ought to be made to come and see me.”

[19]Gallagher was by far the ablest member of the Ruef-Schmitz Board of Supervisors. He was by profession an attorney at law. In that capacity he had served first as Assistant City Attorney, and finally as City Attorney. For a time he was law partner with Hon. James G. Maguire, whose opposition, as member of Congress from California, to the Pacific railroads refunding measures, won him a national reputation. Maguire was candidate for Governor on the Democratic ticket in 1898, but was defeated. Gallagher had served as Supervisor previous to his election in 1905, and was one of the most experienced members of the Schmitz-Ruef board.At Ruef’s trial on the charge of offering a bribe to Supervisor Furey, Gallagher testified that soon after his election in 1905, Ruef told him there would be a number of matters coming before the Board of Supervisors in which the corporations and other large concerns would be interested; that there would be a number of large deals coming before the board in which he wanted him (Gallagher) to represent him on the board. Gallagher accepted the agency.

Gallagher was by far the ablest member of the Ruef-Schmitz Board of Supervisors. He was by profession an attorney at law. In that capacity he had served first as Assistant City Attorney, and finally as City Attorney. For a time he was law partner with Hon. James G. Maguire, whose opposition, as member of Congress from California, to the Pacific railroads refunding measures, won him a national reputation. Maguire was candidate for Governor on the Democratic ticket in 1898, but was defeated. Gallagher had served as Supervisor previous to his election in 1905, and was one of the most experienced members of the Schmitz-Ruef board.

At Ruef’s trial on the charge of offering a bribe to Supervisor Furey, Gallagher testified that soon after his election in 1905, Ruef told him there would be a number of matters coming before the Board of Supervisors in which the corporations and other large concerns would be interested; that there would be a number of large deals coming before the board in which he wanted him (Gallagher) to represent him on the board. Gallagher accepted the agency.

[20]Gallagher testified before the Oliver Grand Jury of the nature of these caucuses. From his testimony the following is taken:“Q. They (the Supervisors) voted in the caucus and you knew how the vote would be. A. Yes, sir.“Q. And they would be bound by the caucus vote. A. That was understood that a man would vote at the caucus in the way he would vote at the meeting.“Q. You were understood to represent Mr. Ruef and Mr. Ruef’s views. A. That was generally understood by members of the board.“Q. And whatever way you went meant programme. A. I believe Mr. Ruef told a number of them so, and that circulated among the others; it was generally understood by them.”

Gallagher testified before the Oliver Grand Jury of the nature of these caucuses. From his testimony the following is taken:

“Q. They (the Supervisors) voted in the caucus and you knew how the vote would be. A. Yes, sir.

“Q. And they would be bound by the caucus vote. A. That was understood that a man would vote at the caucus in the way he would vote at the meeting.

“Q. You were understood to represent Mr. Ruef and Mr. Ruef’s views. A. That was generally understood by members of the board.

“Q. And whatever way you went meant programme. A. I believe Mr. Ruef told a number of them so, and that circulated among the others; it was generally understood by them.”

[21]Keane’s lasting loyalty to Ruef makes him one of the most interesting characters of the graft cases. He entered Ruef’s employ in 1898 as a law clerk. He remained in Ruef’s office until January, 1902, when Mayor Schmitz took office. Keane was then made secretary to the Mayor. He served in that capacity until January, 1906, when Ruef gained control of the Board of Supervisors. Ruef then made him clerk of the board. At Ruef’s trial for offering a bribe to Supervisor Furey, Gallagher testified that Ruef told him that Keane should be clerk. Gallagher notified the other members of Ruef’s decision, and that closed the incident. Keane was, however, much more than a mere clerk. Supervisor Wilson testified at the Ruef trial for offering a bribe to Furey, that he (Wilson) owed his nomination to Keane. Keane was elected to the State Senate where his loyalty to Ruef in foul as well as fair weather made him a conspicuous and somewhat notorious character. At present writing, Keane is foremost in the movement to bring about Ruef’s release from State prison.

Keane’s lasting loyalty to Ruef makes him one of the most interesting characters of the graft cases. He entered Ruef’s employ in 1898 as a law clerk. He remained in Ruef’s office until January, 1902, when Mayor Schmitz took office. Keane was then made secretary to the Mayor. He served in that capacity until January, 1906, when Ruef gained control of the Board of Supervisors. Ruef then made him clerk of the board. At Ruef’s trial for offering a bribe to Supervisor Furey, Gallagher testified that Ruef told him that Keane should be clerk. Gallagher notified the other members of Ruef’s decision, and that closed the incident. Keane was, however, much more than a mere clerk. Supervisor Wilson testified at the Ruef trial for offering a bribe to Furey, that he (Wilson) owed his nomination to Keane. Keane was elected to the State Senate where his loyalty to Ruef in foul as well as fair weather made him a conspicuous and somewhat notorious character. At present writing, Keane is foremost in the movement to bring about Ruef’s release from State prison.

[22]At Ruef’s trial on the charge of offering a bribe to Supervisor Furey, Keane testified that these notes had been destroyed in the great fire of April 18-19-20, 1906. Keane testified further that Ruef was a constant attendant at the caucuses; that Schmitz was an occasional visitor; that Supervisor Gallagher presided.

At Ruef’s trial on the charge of offering a bribe to Supervisor Furey, Keane testified that these notes had been destroyed in the great fire of April 18-19-20, 1906. Keane testified further that Ruef was a constant attendant at the caucuses; that Schmitz was an occasional visitor; that Supervisor Gallagher presided.

[23]Notices of the caucus meetings were sent to Ruef precisely as though he had been a member of the Board of Supervisors. At Ruef’s trial for offering a bribe to Supervisor Furey, the following letter of notification was introduced as evidence:“San Francisco, June 21st, 1906.“Hon. A. Ruef, San Francisco—Dear Sir: I respectfully beg leave to notify you that the Board of Supervisors will meet in caucus on Sunday evening, June 24th, at 8 o’clock p. m., at Hamilton Hall, Steiner street, near Geary. Your attendance is respectfully requested.“Yours truly,GEORGE B. KEANE, Clerk.”

Notices of the caucus meetings were sent to Ruef precisely as though he had been a member of the Board of Supervisors. At Ruef’s trial for offering a bribe to Supervisor Furey, the following letter of notification was introduced as evidence:

“San Francisco, June 21st, 1906.

“Hon. A. Ruef, San Francisco—Dear Sir: I respectfully beg leave to notify you that the Board of Supervisors will meet in caucus on Sunday evening, June 24th, at 8 o’clock p. m., at Hamilton Hall, Steiner street, near Geary. Your attendance is respectfully requested.

“Yours truly,

GEORGE B. KEANE, Clerk.”

[24]The San Francisco Chronicle in its issue of March 8, 1906, said of the District Attorney’s raids on the gamblers:“The political push and the underworld generally are astonished at District Attorney Langdon’s unexpected outbreak. He has descended upon them like a thunderbolt out of a clear sky. For the moment even wrath is less in evidence than surprise. It was not expected. It is not what was paid for. It is like being murdered by one’s dearest friend. There is a complete reversal of the usual experience of mankind. In most cities the lid is on and weighed down before election but lifted and thrown away as soon as the votes are counted. To be allowed to run wide open before election and to be closed down and nailed up as soon as the new official is fairly seated is outside of all precedent. And all that after the most liberal contributions. There is a feeling in criminal circles that somebody is guilty of obtaining money under false pretenses. The District Attorney is the one official for whose friendship the lawbreakers have the most earnest longings, and behind their closed doors the idle gamblers are trying to figure out what ‘lay’ this dreadful Langdon is really on, and by what trade he has been induced to ignore all the promises expressed or implied, which those assumed to be able to speak for him dispersed so freely when votes were in demand.“As for the public, it was for none of these things. Among the decent portion of society the ‘motives’ of the District Attorney do not arouse even passing curiosity. What does interest them is the present vigor of his work, and the probability of his keeping it up.”

The San Francisco Chronicle in its issue of March 8, 1906, said of the District Attorney’s raids on the gamblers:

“The political push and the underworld generally are astonished at District Attorney Langdon’s unexpected outbreak. He has descended upon them like a thunderbolt out of a clear sky. For the moment even wrath is less in evidence than surprise. It was not expected. It is not what was paid for. It is like being murdered by one’s dearest friend. There is a complete reversal of the usual experience of mankind. In most cities the lid is on and weighed down before election but lifted and thrown away as soon as the votes are counted. To be allowed to run wide open before election and to be closed down and nailed up as soon as the new official is fairly seated is outside of all precedent. And all that after the most liberal contributions. There is a feeling in criminal circles that somebody is guilty of obtaining money under false pretenses. The District Attorney is the one official for whose friendship the lawbreakers have the most earnest longings, and behind their closed doors the idle gamblers are trying to figure out what ‘lay’ this dreadful Langdon is really on, and by what trade he has been induced to ignore all the promises expressed or implied, which those assumed to be able to speak for him dispersed so freely when votes were in demand.

“As for the public, it was for none of these things. Among the decent portion of society the ‘motives’ of the District Attorney do not arouse even passing curiosity. What does interest them is the present vigor of his work, and the probability of his keeping it up.”

[25]Ruef had consented to Langdon’s nomination for District Attorney, because he considered that Langdon’s intimate acquaintance with the teachers and pupils of the San Francisco public schools would help the ticket. For the three years preceding the campaign Langdon had been Superintendent of Schools at San Francisco. Ruef told Langdon after the election that he had no idea that any one other than Schmitz could be elected on the Union-Labor party ticket that year. When during the campaign Langdon began to develop strength in the contest for District Attorney, Ruef sent him a check for $200 for “campaign expenses,” saying that the money had been contributed by Tirey L. Ford of the United Railroads. Langdon returned the check to Ruef with the statement that he preferred to pay his own campaign expenses. During the campaign at every meeting he addressed, Langdon made the statement: “The laws are on the statute books; all may know them. I pledge myself to the enforcement of these laws.” To be sure, few if any paid much attention to what Langdon meant, but that was no fault of Langdon’s. Everybody was to learn from the hour that he assumed the duties of his office that he meant just what he said. Rudolph Spreckels testified at the Calhoun trial that when Langdon’s raids on the gambling dens were made public he felt that “we had a District Attorney who was desirous of doing his duty.” The raids were made in February, 1906. Spreckels, Heney, Phelan, Older and others were already considering plans for the exposure and check of the reign of Ruef.

Ruef had consented to Langdon’s nomination for District Attorney, because he considered that Langdon’s intimate acquaintance with the teachers and pupils of the San Francisco public schools would help the ticket. For the three years preceding the campaign Langdon had been Superintendent of Schools at San Francisco. Ruef told Langdon after the election that he had no idea that any one other than Schmitz could be elected on the Union-Labor party ticket that year. When during the campaign Langdon began to develop strength in the contest for District Attorney, Ruef sent him a check for $200 for “campaign expenses,” saying that the money had been contributed by Tirey L. Ford of the United Railroads. Langdon returned the check to Ruef with the statement that he preferred to pay his own campaign expenses. During the campaign at every meeting he addressed, Langdon made the statement: “The laws are on the statute books; all may know them. I pledge myself to the enforcement of these laws.” To be sure, few if any paid much attention to what Langdon meant, but that was no fault of Langdon’s. Everybody was to learn from the hour that he assumed the duties of his office that he meant just what he said. Rudolph Spreckels testified at the Calhoun trial that when Langdon’s raids on the gambling dens were made public he felt that “we had a District Attorney who was desirous of doing his duty.” The raids were made in February, 1906. Spreckels, Heney, Phelan, Older and others were already considering plans for the exposure and check of the reign of Ruef.

[26]Patrick Calhoun, in a letter to the press, dated March 21, 1906—less than a month before the great fire—stated that the time was near when the San Francisco street-car system would have to serve a million people. The 1910 census, taken four years after the fire, gave San Francisco a population of 416,912.

Patrick Calhoun, in a letter to the press, dated March 21, 1906—less than a month before the great fire—stated that the time was near when the San Francisco street-car system would have to serve a million people. The 1910 census, taken four years after the fire, gave San Francisco a population of 416,912.

[27]Ruef testified before the Grand Jury that the water deal would have been the most important pulled off by the Board of Supervisors. He testified that he had told Gallagher to tell the members of the Board there would be more money in it than had been received in any other deal. Ruef gave Gallagher to understand that the amount to be divided would be as much as $1,000,000.

Ruef testified before the Grand Jury that the water deal would have been the most important pulled off by the Board of Supervisors. He testified that he had told Gallagher to tell the members of the Board there would be more money in it than had been received in any other deal. Ruef gave Gallagher to understand that the amount to be divided would be as much as $1,000,000.

[28]The United Railroads was controlled by Eastern capital. Before the entrance of the United Railroads into the San Francisco field, California capital had dominated in purely local public utilities.

The United Railroads was controlled by Eastern capital. Before the entrance of the United Railroads into the San Francisco field, California capital had dominated in purely local public utilities.

[29]The public’s opposition to the overhead trolley system was that the poles and wires would be a disfigurement of what were regarded as the best streets; that the wires were dangerous, and would interfere with the work of firemen in fighting fires; that San Francisco was as much entitled as Washington and New York to the best system. Rudolph Spreckels at the trial of Patrick Calhoun for offering a bribe, testified as to his own opposition:“I believed that the overhead trolley was unsightly; that it increased the risk of fire; that it was dangerous; that it was noisy and unsightly. I believed from my own observation of the operation of the underground conduit system in other cities that it was preferable, that it was more sightly, just as rapid, and in every way more in keeping with a city of the size and importance of San Francisco. Having been born here, and having large property interests I felt it my duty, as I always have, and hope I always shall, to protect the interests of this community and to protect the interests of its citizens and its property owners. That was my purpose in opposing that franchise and that grant.”

The public’s opposition to the overhead trolley system was that the poles and wires would be a disfigurement of what were regarded as the best streets; that the wires were dangerous, and would interfere with the work of firemen in fighting fires; that San Francisco was as much entitled as Washington and New York to the best system. Rudolph Spreckels at the trial of Patrick Calhoun for offering a bribe, testified as to his own opposition:

“I believed that the overhead trolley was unsightly; that it increased the risk of fire; that it was dangerous; that it was noisy and unsightly. I believed from my own observation of the operation of the underground conduit system in other cities that it was preferable, that it was more sightly, just as rapid, and in every way more in keeping with a city of the size and importance of San Francisco. Having been born here, and having large property interests I felt it my duty, as I always have, and hope I always shall, to protect the interests of this community and to protect the interests of its citizens and its property owners. That was my purpose in opposing that franchise and that grant.”

[30]As early as 1901, C. E. Grunsky, at that time City Engineer, was directed by the Board of Supervisors to gather data on the operation of electric roads under the conduit system. Grunsky’s findings were to the effect that conduit-electric roads were rapidly replacing other types of street railroads.The city also employed J. C. H. Stutt as consulting engineer, and sent him to New York and Washington to inspect and report upon the conduit systems in operation in those cities.He reported that the system was giving satisfaction in both cities, and in many cases was being substituted for the trolley. Engineer Stutt in comparing the two systems said:“As between the overhead system and the conduit-electric system, it is natural for private corporations to prefer the overhead trolley system onaccountof the first cost of roadbed construction, which is more than twice as great for the conduit system. The conduit system leaves the street open with the view unobstructed by poles, conductors, feed, guard and supporting wires and without the menace to the public and especially to the firemen, always inherent in the bare overhead electric conductor.”This report was widely quoted during the overhead-trolley-conduit agitation that was a feature of a greater part of Mayor Schmitz’s administrations.

As early as 1901, C. E. Grunsky, at that time City Engineer, was directed by the Board of Supervisors to gather data on the operation of electric roads under the conduit system. Grunsky’s findings were to the effect that conduit-electric roads were rapidly replacing other types of street railroads.

The city also employed J. C. H. Stutt as consulting engineer, and sent him to New York and Washington to inspect and report upon the conduit systems in operation in those cities.

He reported that the system was giving satisfaction in both cities, and in many cases was being substituted for the trolley. Engineer Stutt in comparing the two systems said:

“As between the overhead system and the conduit-electric system, it is natural for private corporations to prefer the overhead trolley system onaccountof the first cost of roadbed construction, which is more than twice as great for the conduit system. The conduit system leaves the street open with the view unobstructed by poles, conductors, feed, guard and supporting wires and without the menace to the public and especially to the firemen, always inherent in the bare overhead electric conductor.”

This report was widely quoted during the overhead-trolley-conduit agitation that was a feature of a greater part of Mayor Schmitz’s administrations.

[31]Mr. Parsons found for the overhead trolley on the following general grounds:(1) That a uniform system was necessary.(2) That the lines must be extended to the suburbs.(3) That operation by overhead trolley is more satisfactory than by the conduit system.(4) That the greater part of the roads could be operated under trolley only.

Mr. Parsons found for the overhead trolley on the following general grounds:

(1) That a uniform system was necessary.

(2) That the lines must be extended to the suburbs.

(3) That operation by overhead trolley is more satisfactory than by the conduit system.

(4) That the greater part of the roads could be operated under trolley only.

[32]Several questions were presented. The following is the vote as given in the Merchants’ Association Review, the organization’s official publication, for February, 1906:“TOTAL VOTE OF MEMBERS, 364.“1—Do you favor Mr. Parsons’s view of a uniform system of overhead trolley lines throughout the entire city, including a central line of ornamental trolley poles, with lights furnished by the Railroad company between the tracks on Market Street, and a trolley line with ornamental poles and lights furnished by the Railroad upon Sutter Street?“Votes received—Yes, 121; No, 204.“2—Do you favor an overhead trolley system throughout the city except on Market Street?“Votes received—Yes, 67; No, 212.“3—Do you favor an underground conduit system for Market Street and for the streets with cable lines leading into Market Street in the central downtown district and in the adjacent residence district, the remainder of the system to be overhead trolley?“Votes received—Yes, 198; No, 84.“4—Irrespective of what shall be done on any other streets, which system do you favor for Sutter Street: (a) an underground conduit, or (b) an overhead trolley line if equipped with ornamental poles and lights furnished free by the Railroad company, or (c) an improved cable system?Underground ConduitTrolleyCable“First Choice217935“Second Choice428362“Third Choice71494“5—Do you favor changing the cable lines on Nob Hill to electric lines by tunneling the hill and constructing a winding driveway with parks on California Street, as proposed in Mr. Parsons’s report?“Votes received—Yes, 158; No, 140.”This vote was taken after an extended debate at a banquet given by the Association in which Patrick Calhoun, president of the United Railroads, argued for the trolley system, and Frank J. Sullivan, president of the Sutter Street Improvement Club, spoke for the conduit.

Several questions were presented. The following is the vote as given in the Merchants’ Association Review, the organization’s official publication, for February, 1906:

“TOTAL VOTE OF MEMBERS, 364.

“1—Do you favor Mr. Parsons’s view of a uniform system of overhead trolley lines throughout the entire city, including a central line of ornamental trolley poles, with lights furnished by the Railroad company between the tracks on Market Street, and a trolley line with ornamental poles and lights furnished by the Railroad upon Sutter Street?

“Votes received—Yes, 121; No, 204.

“2—Do you favor an overhead trolley system throughout the city except on Market Street?

“Votes received—Yes, 67; No, 212.

“3—Do you favor an underground conduit system for Market Street and for the streets with cable lines leading into Market Street in the central downtown district and in the adjacent residence district, the remainder of the system to be overhead trolley?

“Votes received—Yes, 198; No, 84.

“4—Irrespective of what shall be done on any other streets, which system do you favor for Sutter Street: (a) an underground conduit, or (b) an overhead trolley line if equipped with ornamental poles and lights furnished free by the Railroad company, or (c) an improved cable system?

“5—Do you favor changing the cable lines on Nob Hill to electric lines by tunneling the hill and constructing a winding driveway with parks on California Street, as proposed in Mr. Parsons’s report?

“Votes received—Yes, 158; No, 140.”

This vote was taken after an extended debate at a banquet given by the Association in which Patrick Calhoun, president of the United Railroads, argued for the trolley system, and Frank J. Sullivan, president of the Sutter Street Improvement Club, spoke for the conduit.

[33]The Improvement and Adornment Association employed D. H. Burnham to draw plans for the development of San Francisco. These plans, while drawn to attain a maximum of utility, were intended to secure a maximum of beauty as well. Streets were to be widened, boulevards built, parks established. The carrying out of these plans would have made San Francisco one of the most beautiful cities of the world. Their preparation cost the association $17,500. Mr. Burnham volunteered his own services.

The Improvement and Adornment Association employed D. H. Burnham to draw plans for the development of San Francisco. These plans, while drawn to attain a maximum of utility, were intended to secure a maximum of beauty as well. Streets were to be widened, boulevards built, parks established. The carrying out of these plans would have made San Francisco one of the most beautiful cities of the world. Their preparation cost the association $17,500. Mr. Burnham volunteered his own services.

[34]The objection of the Sutter Street Improvement Club to the overhead trolley was set forth in the following statement, issued less than a month before the great fire of 1906:“The Sutter Street Improvement Club is unalterably opposed to the construction of an overhead trolley line on the Sutter Street system. We desire that the public should have no misconception of our position. We propose to contest to the end any attempt to get an overhead trolley on the entire Sutter Street system, and for that purpose we pledge ourselves, and promise to provide the necessary counsel to maintain our position in the courts. We want the public with us in this fight, as the fight is being made in the interests of the whole people.“Our own investigations make us absolutely certain that if the public understands the true situation, it will not be misled by the specious arguments of the United Railroads. The conduit electric system, despite what the United Railroads and its representatives may say, is practicable, safe, efficient and superior to an overhead trolley. We are further satisfied that the company is seeking, by an offer of $200,000 which they offer to the people, to save itself an expense of several million dollars, which the conduit electric system would cost, if it should be required to reconstruct all its lines using the conduits; but we believe—and we are certain that the citizens of San Francisco will agree with us in this—that since the United Railroads, through the watering of its stock, has already made many millions of dollars out of its properties, and is now taking, and will take many millions of profits from our people, that it can afford to contribute to San Francisco the cost of the most attractive and efficient system of electric railroads. The United Railroads has put forward many arguments which have been and are easily met:“First: It contended, as the public will remember, that the conduit electric system was impracticable on account of the accumulation of rain water in its conduits. This claim it has been forced to abandon.“Second: It proclaimed loudly that the added cost of construction of an electric conduit was such that the life of its franchise would not justify the outlay. Now, they have abandoned this claim, and assert that it is not the cost of construction, but that there are other reasons.“Third: They have declared that a uniform system was desirable. They now admit that a completely uniform system is impracticable, owing to grades, making it necessary to operate some lines by cable. Their only contention now is that the overhead trolley system is more efficient than either the cable or conduit electric system.“Mr. C. E. Grunsky is our authority for the statement that in making the change from the conduit electric to the trolley, in passing from city to suburbs, there are no objectionable features, nor danger. Sir Alex. B. W. Kennedy, consulting engineer to the London County Council, in recommending the adoption of the conduit electric system for London’s municipal street railways, said: ‘There is no difficulty in arranging the cars so that they can be run from the underground (conduit) to the overhead and vice versa, either with no stoppage at all at the point of change, or with a stopping of only a few seconds. There is no engineering difficulty whatever in using a mixed tramway system, i.e., partly underground (conduit) and partly overhead.’“We would suggest that the public compare the present overhead trolley system, operated by the United Railroads these many years in this city and county, with the service rendered by the California Cable Railway. There is no overhead trolley system in San Francisco to-day which surpasses the service given by the California Street Company.“It is claimed that the public will be given a speedier and more efficient service if the overhead trolley is permitted. We ask the thousands of citizens who have been compelled to wait for overhead trolley cars, and to stand up in those overhead vehicles, whether or not the overhead trolley has thus afforded them satisfactory service? If we may judge the future by the experience with the overhead trolley of the past, it means fewer cars (hence less expense to the United Railroads), overcrowding and discomfort of passengers. The only advantage which thus far has come from the system seems to be to the company itself. It employs fewer men as a result of that system, but the comfort and convenience of the public have not been substantially bettered by it as against the cable.“Before asking our people to give them an overhead trolley system throughout the whole city, the United Railroads would do well to show on some one of their overhead trolley lines now in operation a frequent, efficient and satisfactory service to the public. We do not want for San Francisco an extension and perpetuation of the unsightly, noisy, dangerous, uncomfortable and inefficient system of overhead trolleys as operated by the United Railroads to-day.“Citizens of San Francisco: Be not deceived by the selfish and specious arguments put forward by the United Railroads. If the public will stand together, we will win out in this fight; and, if it should be necessary to that end, the supporters of our organization will put before our citizens a plan for building a complete conduit electric system of railroads for San Francisco, to be built, in the first instance, by our people, but with a provision giving to the city an option to purchase the same at any time in the future at actual cost and interest, so that municipal ownership of the said system may result just as soon as the city is ready for it.“All that we ask is that the people stand fast, and save their city from what we believe would be a calamity from which it would not recover in the next twenty-five years.“Respectfully.“Frank J. Sullivan, Rudolph Spreckels, Julius Rosenstirn, Geo. W. Merritt, W. D. McCann, Houghton Sawyer. Edward P. E. Troy, Secretary.”

The objection of the Sutter Street Improvement Club to the overhead trolley was set forth in the following statement, issued less than a month before the great fire of 1906:

“The Sutter Street Improvement Club is unalterably opposed to the construction of an overhead trolley line on the Sutter Street system. We desire that the public should have no misconception of our position. We propose to contest to the end any attempt to get an overhead trolley on the entire Sutter Street system, and for that purpose we pledge ourselves, and promise to provide the necessary counsel to maintain our position in the courts. We want the public with us in this fight, as the fight is being made in the interests of the whole people.

“Our own investigations make us absolutely certain that if the public understands the true situation, it will not be misled by the specious arguments of the United Railroads. The conduit electric system, despite what the United Railroads and its representatives may say, is practicable, safe, efficient and superior to an overhead trolley. We are further satisfied that the company is seeking, by an offer of $200,000 which they offer to the people, to save itself an expense of several million dollars, which the conduit electric system would cost, if it should be required to reconstruct all its lines using the conduits; but we believe—and we are certain that the citizens of San Francisco will agree with us in this—that since the United Railroads, through the watering of its stock, has already made many millions of dollars out of its properties, and is now taking, and will take many millions of profits from our people, that it can afford to contribute to San Francisco the cost of the most attractive and efficient system of electric railroads. The United Railroads has put forward many arguments which have been and are easily met:

“First: It contended, as the public will remember, that the conduit electric system was impracticable on account of the accumulation of rain water in its conduits. This claim it has been forced to abandon.

“Second: It proclaimed loudly that the added cost of construction of an electric conduit was such that the life of its franchise would not justify the outlay. Now, they have abandoned this claim, and assert that it is not the cost of construction, but that there are other reasons.

“Third: They have declared that a uniform system was desirable. They now admit that a completely uniform system is impracticable, owing to grades, making it necessary to operate some lines by cable. Their only contention now is that the overhead trolley system is more efficient than either the cable or conduit electric system.

“Mr. C. E. Grunsky is our authority for the statement that in making the change from the conduit electric to the trolley, in passing from city to suburbs, there are no objectionable features, nor danger. Sir Alex. B. W. Kennedy, consulting engineer to the London County Council, in recommending the adoption of the conduit electric system for London’s municipal street railways, said: ‘There is no difficulty in arranging the cars so that they can be run from the underground (conduit) to the overhead and vice versa, either with no stoppage at all at the point of change, or with a stopping of only a few seconds. There is no engineering difficulty whatever in using a mixed tramway system, i.e., partly underground (conduit) and partly overhead.’

“We would suggest that the public compare the present overhead trolley system, operated by the United Railroads these many years in this city and county, with the service rendered by the California Cable Railway. There is no overhead trolley system in San Francisco to-day which surpasses the service given by the California Street Company.

“It is claimed that the public will be given a speedier and more efficient service if the overhead trolley is permitted. We ask the thousands of citizens who have been compelled to wait for overhead trolley cars, and to stand up in those overhead vehicles, whether or not the overhead trolley has thus afforded them satisfactory service? If we may judge the future by the experience with the overhead trolley of the past, it means fewer cars (hence less expense to the United Railroads), overcrowding and discomfort of passengers. The only advantage which thus far has come from the system seems to be to the company itself. It employs fewer men as a result of that system, but the comfort and convenience of the public have not been substantially bettered by it as against the cable.

“Before asking our people to give them an overhead trolley system throughout the whole city, the United Railroads would do well to show on some one of their overhead trolley lines now in operation a frequent, efficient and satisfactory service to the public. We do not want for San Francisco an extension and perpetuation of the unsightly, noisy, dangerous, uncomfortable and inefficient system of overhead trolleys as operated by the United Railroads to-day.

“Citizens of San Francisco: Be not deceived by the selfish and specious arguments put forward by the United Railroads. If the public will stand together, we will win out in this fight; and, if it should be necessary to that end, the supporters of our organization will put before our citizens a plan for building a complete conduit electric system of railroads for San Francisco, to be built, in the first instance, by our people, but with a provision giving to the city an option to purchase the same at any time in the future at actual cost and interest, so that municipal ownership of the said system may result just as soon as the city is ready for it.

“All that we ask is that the people stand fast, and save their city from what we believe would be a calamity from which it would not recover in the next twenty-five years.

“Respectfully.

“Frank J. Sullivan, Rudolph Spreckels, Julius Rosenstirn, Geo. W. Merritt, W. D. McCann, Houghton Sawyer. Edward P. E. Troy, Secretary.”

[35]Rudolph Spreckels is a native of San Francisco. At seventeen he was employed in his father’s (Claus Spreckels) sugar refinery at Philadelphia. The Spreckels refinery was at the time in a life-and-death struggle with the “Sugar Trust.” Young Spreckels was given his first lessons in the methods employed by the “trust” elements to crush competition. His Philadelphia training in large degree prepared him for the work which later he was to do at San Francisco. At twenty-two he became president of the Hawaiian Commercial and Sugar Company, owners of one of the largest sugar plantations of the Hawaiian Islands. The venture had been a losing one. Spreckels put it on a paying basis within a year, and sold it at large profit. Before he was twenty-five he had become a millionaire in his own right. He has been engaged in business at San Francisco for many years, but only when moved by corrupt conditions to take up the fight for honest government did he become active in politics. He financed the graft prosecution. He has since taken active part in California politics, but has steadfastly refused to accept public office, preferring to do his work as a private citizen.

Rudolph Spreckels is a native of San Francisco. At seventeen he was employed in his father’s (Claus Spreckels) sugar refinery at Philadelphia. The Spreckels refinery was at the time in a life-and-death struggle with the “Sugar Trust.” Young Spreckels was given his first lessons in the methods employed by the “trust” elements to crush competition. His Philadelphia training in large degree prepared him for the work which later he was to do at San Francisco. At twenty-two he became president of the Hawaiian Commercial and Sugar Company, owners of one of the largest sugar plantations of the Hawaiian Islands. The venture had been a losing one. Spreckels put it on a paying basis within a year, and sold it at large profit. Before he was twenty-five he had become a millionaire in his own right. He has been engaged in business at San Francisco for many years, but only when moved by corrupt conditions to take up the fight for honest government did he become active in politics. He financed the graft prosecution. He has since taken active part in California politics, but has steadfastly refused to accept public office, preferring to do his work as a private citizen.

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