PREFACE.
A tethered bull does not know that he is tied until he attempts to go beyond the rope’s limits.
A community does not feel the grip of the “System” until it attempts resistance. Then it knows.
San Francisco during the Ruef-Schmitz regime was no more under the heel of the “System” than when other “bosses” dominated; no more so than to-day; no more so than other communities have been and are.
The political “boss” is merely the visible sign of the “System’” existence. However powerful he may appear, he is, after all, but agent for the “System.” The “boss” develops power, does the “System’s” work until he is repudiated by the people, when another “boss,” usually in the name of “reform,” takes his place.
But the second “boss” serves the same “System.” Ruef entered San Francisco politics as a “reformer.” He supplanted other “bosses.” But Ruef in his turn served the “System” they had served.
San Francisco, when Ruef had reached his point of greatest possible power, rose against him. The “System” was not immediately concerned. Ruef had lived his day; the hour for another “boss” to succeed him had come. But San Francisco proposed to get at those back of the “boss”; to get at the “System.” And then San Francisco found the “System” more powerful than herself; more powerful than the State of California.
And San Francisco was beaten down, humiliated, made to understand that within her borders the laws could not be enforced against those to whom the “System” granted immunity from punishment.
To secure evidence against bribe-givers, the State granted immunity to bribe-takers who confessed their crimes and joined with the State to bring larger criminals to justice. And the “System’s” agents cried outrage that bribe-takers should go free of punishment.
But the “System” granted immunity from punishment to those who had bribed. And the apologists for the “System” will tolerate no criticism of this sort of immunity.
Other communities have risen against the “System’s” agents, the “bosses,” and the “bosses” have given place to other agents. But few communities, if any, have attacked the “System” as did San Francisco. Had they done so, unquestionably they would have found themselves as ineffective against corruption as San Francisco has been shown to be.
The “System” is confined to no particular State or locality; it permeates our entire public life. Judge Lindsey in Colorado calls it “The Beast.” In California we call it “The Southern Pacific Machine,” for in California the Southern Pacific Company was its chief beneficiary. Other communities call it the “Organization.” The bull does not discover his rope until he strains at it; the community knows little or nothing of the overpowering “System” until it resists. San Francisco resisted and discovered.
The mere bribing of a board of supervisors was not extraordinary. Our newspapers furnish us daily with sorry recital of bribe-taking public officials discovered in other communities. But the effective, searching resistance to bribe-giving which San Francisco offered was extraordinary. It was a new thing in American politics. It compelled the “System” to show its real strength, and that, too, was new in American politics, and extraordinary, also.
The “System” at San Francisco had taken the usual precautions which ordinarily ensure it against successful opposition, or even question. It had, through its agents, selected the candidates for public office, including the District Attorney. With the District Attorney loyal to the “System” the “System” was secure against attack. And even were the District Attorney to resist the “System,” still was the “System” secure, for the “System” could deny the District Attorney, through the public officials it controlled, the funds necessary for successful opposition.
But here again extraordinary circumstances worked for the “System’s” confusion. Not only had the “System” been mistaken in the caliber of the man whom it had permitted to be nominated for District Attorney, but patriotic citizens guaranteed the expenses of effective attack through the District Attorney’s office.
Nevertheless, the “System” would ordinarily have been able to laugh at the attack, and render it abortive, by compelling the citizens who were backing the District Attorney to withdraw their support.
Even at San Francisco, the supporters of the District Attorney felt the force of such attack. Those who supported the Prosecution found themselves harassed in their business ventures, and snubbed in the social circles in which they had moved. When Heney, stricken down in the discharge of his duty, lay at the point of death, a minister of the gospel prayed for the wounded Prosecutor’s recovery. Immediately from the pews came silent expression of disapproval. That pastor refused to be intimidated, refused to join with his fashionable congregation against the Prosecution. He was eventually compelled to resign his pastorate. Rudolph Spreckels, while accounting for every dollar that the Graft Prosecution had expended, asked to be excused from naming those who had subscribed to the fund, lest they be attacked. Ordinarily, those citizens whose instincts had led them to guarantee the District Attorney their support, would have been forced to abandon him.
But at San Francisco, a few citizens, in spite of ridicule, abuse, social ostracism and business opposition, stood firm for civic righteousness. This made San Francisco’s attack upon the “System” possible and stirred the “System” to extraordinary resistance.
The “System,” seeing itself threatened, went to the relief of the “boss,” its agent, whom even its chief beneficiaries despised. The “boss,” through his puppet in the Mayor’s chair, declared the office of the District Attorney vacant, and appointed himself to fill the vacancy. The boldness of the move startled the whole community. But the act merely demonstrated the extremes to which the “System” was prepared to go. It was not extraordinary in comparison with what was to follow. Later on, witnesses were to be concealed, intimidated, gotten out of the State; their kidnapping even being attempted. The managing editor of a newspaper opposing the “System” was to be taken on the street in daylight, hurried across the country to a suburban town, forced into a stateroom of an outgoing train, and sent on his way to a distant city. The home of the pivotal witness against the “System”-protected defendants was to be dynamited, the witness and other inmates of the building miraculously escaping with their lives. A public prosecutor was, while conducting one of the “System”-attacking trials, to be shot down in open court. A prisoner at the bar was to arise to denounce the judge on the bench as a partisan and a scoundrel. Thugs were to invade court-rooms while trials were going on, to intimidate “System”-threatening prosecutors and witnesses; men were to be trapped as they offered bribes to trial jurors; agents of the Prosecution were to be bribed to turn over to the defending element the Prosecution’s papers and reports. An agent of the Prosecution in the employ of the Defense, working in the interest of the Defense, was to sit at the Prosecutor’s side during the selection of a trial jury, to advise the Prosecutor of the character of the men under examination for jurors, and with such advice mislead and confuse.
No; bribe-giving at San Francisco was not so extraordinary as the events which grew out of attempt to punish for bribe-giving.
And now, as we look upon San Francisco beaten, and retarded in her development because of that beating, the hopelessness of her opposition to the “System” is the most startling thing of all. We see now, that with a District Attorney intent upon doing his duty, with funds ample for vigorous prosecution guaranteed, with trial judges of integrity and ability on the bench, none of the accused, so long as he remained loyal to the “System”—so long as he did not “snitch”—was in real danger of suffering the law-provided punishment for the crimes uncovered against him.
Ruef carefully weighed the ability of the Prosecution to save him, against the power of the “System” to punish or to save, and knowing the power of the “System” as few other men knew it, Ruef betrayed the Prosecution and cast his lot with the “System.” The outcome would have justified his judgment but for a series of unusual events which none could have foreseen. The most extraordinary incident of the whole Graft Prosecution, we can now, with the “System” uncovered before us, see, was that Abe Ruef went to the penitentiary. With full knowledge of the power, resources and methods of the “System,” it is not at all extraordinary that guilty men under its protection should escape punishment. But it is extraordinary—due only to a chain of extraordinary happenings—that one of its agents, who continued faithful, who didn’t “snitch,” finds himself in prison and unable to get out.
The San Francisco Graft Prosecution uncovered the “System” as it has been uncovered in no other American city, for San Francisco made the hardest, most persistent, and longest continued attack that a municipality has ever made upon it. California has profited greatly because of the uncovering, for while uncovered, the “System” may be proceeded against intelligently, not in the courts, but at the ballot-box. California has been quick to profit by the opportunity which the uncovering of the “System” has offered.
In preparing this volume for the press it is my purpose—so far as lies in my power to do so—to keep the cover off.
FRANKLIN HICHBORN.
Santa Clara, Calif., Dec. 25, 1912.
CHAPTER I.
The Union Labor Party Movement.
Eugene E. Schmitz[1] was elected Mayor of San Francisco in November, 1901. He had been nominated by the Union-Labor party. This party was organized after labor disturbances which had divided San Francisco into militant factions, with organized labor on the one side and organized capital on the other.[2]
The convention which had nominated Schmitz was made up in the main of delegates who had affiliations with labor unions and were in close sympathy with the labor-union movement.
But this did not mean that the new party had the unanimous approval of the labor unions, or of the rank and file of organized labor. A considerable faction, with P. H. McCarthy, president of the State Building Trades Council, even then a dominating figure in San Francisco labor circles, at its head, advised against the movement, and opposed the new party candidates not only in 1901, but in 1903 when Schmitz was a candidate for re-election.
On the other hand, the new party had in the beginning the support of the Coast Seamen’s Journal, published at San Francisco, and one of the most influential labor publications on the Pacific Coast. It had, too, the advocacy of several earnest Labor leaders.
Very frankly, such leaders questioned the ultimate consequences of the movement, expressing fears which time was to justify. But to them the situation offered no alternative. Their support and influence went to the new party as an expedient of the times, not as the beginning of a permanent political organization.
But the movement, once started, got beyond their control. During the first five years of Union-Labor party activities in San Francisco many of these original supporters were forced, first into silence and finally into open repudiation of the methods of the Union-Labor party administration.
In the meantime, members of the McCarthy faction, which had resisted the organization of the party, and had opposed it at the 1901 and 1903 elections, became its strong partisans. This element supported the party ticket at the 1905 election; and in 1907, and again in 1909, when McCarthy was himself the Union-Labor party candidate for Mayor.
But the Union-Labor party ticket which McCarthy headed did not have the united support of labor leaders who had organized the movement. Indeed, labor leaders whom the McCarthy faction in 1901 called “scabs” for organizing the Union-Labor party, were, by the same men who had condemned them in 1901, denounced as “scabs” during the 1909 campaign for not supporting the Union-Labor party candidates.
From the beginning, the Union-Labor party had the support of elements outside the labor-union movement. Much of this support came from citizens who, regardless of their attitude on trade-unionism, were dissatisfied with the old parties. The situation offered exceptional opportunity for the political manipulator. But the one man with the political vision to see the possibilities of the third-party movement, was not a member of a labor union. He was a lawyer who had already attained some prominence in San Francisco politics—Abraham Ruef.[3]
Ruef was quick to see the potentialities of the political Frankenstein which groping labor leaders had brought into being. He knew that they could not control their creation; he knew that he could. He did not overestimate his powers. He managed the new party’s 1901 campaign.[4] Under his direction, success was won for a cause that had been deemed hopeless. The genius of Abraham Ruef made Eugene E. Schmitz Mayor of San Francisco.[5]
In practical acknowledgment of Ruef’s services, Schmitz issued an open letter, in which he stated himself privileged to consider Ruef his friendly counsellor.[6] The issuance of that letter made Ruef the recognized political representative of the Union-Labor party administration, a position which he held until the estrangement of himself and Schmitz under the strain of the graft prosecution.[7]
But the government of San Francisco did not pass entirely under control of the Union-Labor party until four years after Schmitz’s elevation to the Mayoralty.
During the era of Union-Labor party power in San Francisco, the Mayor and the eighteen members of the Board of Supervisors were elected every two years.[8] Schmitz, under Ruef’s management, was re-elected in 1903. But the Union-Labor party failed at that election, as it had in 1901, to elect a majority of the Board of Supervisors. Many of the commissions, on the other hand, through appointments by the mayor, had, by 1903, passed completely under Union-Labor party control.
Gradually, the opinion grew in San Francisco that the management of the departments was unsatisfactory, if not corrupt. This opinion, in 1905, when Schmitz was for a third time the Union-Labor party candidate for Mayor, found expression in fusion of the Republican and Democratic parties to bring about the defeat of the Union-Labor party nominees.
This fusion was in the name of municipal reform. The organizers of the movement were in the main opposed to machine political methods. When, however, the movement gave evidence of vitality and strength, the political agents of public service corporations became identified with its leadership.[9] The new leaders were soon in practical control. Public-service corporations were largely instrumental in financing the movement. Testimony was brought out before the Grand Jury which conducted the graft investigations, that nearly every public-service corporation in San Francisco contributed to the fusion fund, the average of the contributions being $2,500 for each corporation.[10]
On the other hand, the public-service corporations contributed liberally toward the election of the Ruef-backed, Union-Labor party candidates.[11] Ruef was already on the pay-roll of the law departments of many of them. Thus, generally speaking, it made little difference to the corporations whether the “reform” fusion candidates or the Ruef Union-Labor party candidates were elected. The corporations had captained each side, and in a large measure had financed each side.
The inevitable difficulties of a campaign, financed and officered by public-service corporations, to correct municipal ills for which the corporations were in large measure responsible, were encountered from the beginning. For the head of the reform or fusion ticket, men who had been prominent in the organization of the anti-Ruef crusade were suggested, only to be rejected by the corporation allies who had after the reform group’s preliminary successes become identified with the movement.
Finally, after several names had been canvassed, John S. Partridge, an attorney of good ability, and repute, but scarcely known outside the immediate circle in which he moved, was agreed upon as Mr. Schmitz’s opponent. Both the Democrat and the Republican party nominated Mr. Partridge, and with him a complete fusion ticket, including supervisors.
Partridge had a clear field against Schmitz, but his candidacy failed to carry the confidence, or to awake the enthusiasm which brings success at the polls.
The Union-Labor administration was openly denounced as corrupt. Francis J. Heney,[12] fresh from his success in prosecuting the Oregon land fraud cases, went so far as to declare in a speech before one of the largest political gatherings ever assembled in San Francisco that he knew Ruef to be corrupt,[13] and, given opportunity, could prove it.
The public generally believed Heney’s charges to be justified. But of approximately 98,000 registered voters only 68,878 voted for Mayor, and of these, 40,191 voted for Schmitz. Partridge received only 28,687[14] votes, being defeated by a majority of 11,504.
Not only was Schmitz re-elected by overwhelming majority, but the entire Ruef-selected Union-Labor party ticket was elected with him.
Ruef, as Mayor Schmitz’s recognized political adviser, and political agent for the Union-Labor party, found himself in control of every branch and department of the San Francisco municipal government.
CHAPTER II.
The Ruef Board of Supervisors.
No observer of San Francisco politics, not even Ruef himself, had expected the entire Union-Labor party ticket to be elected. The election of the Supervisors was the greatest surprise of all. Ruef, with his political intimates, had selected the Supervisorial candidates, but more with a view to hold the organized labor vote for Schmitz than with idea of the fitness of the candidates for the duties involved in managing the affairs of a municipality of 500,000 population.[15] Not one of the eighteen elected was a man of strong character.[16] Several were of fair, but by no means exceptional ability. Of this type were Gallagher, an attorney of some prominence who acted as go-between between Ruef and the Supervisors; Wilson, who was a sort of second man to Gallagher, and Boxton, a dentist.
But for the most part they were men who had led uneventful lives as drivers of delivery wagons, bartenders and clerks. Without an exception, they saw in their unexpected elevation to the Board of Supervisors opportunity to better their condition. Some of them would not, perhaps, have sought bribes; few of them knew just how they could employ their office to their best advantage; but from the hour of their election the idea of personal advancement was uppermost in the minds of the majority of the members of the Schmitz-Ruef Board of Supervisors.[17] Their ignorance of the requirements of their office, their failure to appreciate their large responsibilities, and above all their ill-defined ambitions made them promise of easy prey for the agents of the public-service corporations, who were playing for special privileges worth millions.
None realized this better than Ruef. From the beginning, he recognized that the likelihood of individual members of the board yielding to temptation to petty gain[18] threatened his own larger purposes. He let it be known that he would himself personally prosecute any one of them whom he discovered to be “grafting.” Ruef was emphatic in his position that the Supervisors should have no financial dealings with those seeking special-privilege advantages. He even defined regular procedure for dealing with persons and corporations that might elect to catch the easiest way to accomplish their purposes by the use of bribe money. To this end he arranged:
(1) That Supervisor James L. Gallagher[19] should represent him on the board. The Supervisors at once accepted Gallagher, and dealt with him as Ruef’s recognized agent.
(2) Finally Ruef arranged for a regular weekly caucus[20] to be held each Sunday night, on the eve of the regular meeting day of the board, Monday.
The public was not admitted to these caucuses. Those who were admitted were Ruef, Mayor Schmitz, George B. Keane,[21] clerk of the Board of Supervisors, who also acted as secretary of the caucus, and the eighteen Supervisors.
At these meetings, which were held every Sunday evening, Ruef was the dominating figure. Supervisor Wilson, testifying at the graft trials, stated that Ruef took the position of “chief counsel and adviser for the board in matters that were to come before the board.”
Keane, as secretary of the caucus, took full notes[22] of the proceedings and sent written notices[23] of the meetings to each of those who were admitted.
The first of these caucuses was held shortly before the Schmitz-Ruef board took office. The organization of the board was provided by the Supervisors authorizing Ruef and Schmitz to make up the committees. Ruef undertook the task. He prepared the committee lists, and submitted his selections to Schmitz and Gallagher. Schmitz and Gallagher suggested unimportant changes. The committees were then announced to the Supervisors at the next caucus. There were objections raised, but these objections, with one exception, were denied in all important particulars. The organization of the Schmitz-Ruef Board of Supervisors was thus perfected.
Ruef’s way seemed clear. The committee organization of the Board of Supervisors was his own. The Supervisors were to hold no open meeting until they had met with him in secret caucus to ascertain his wishes. The official clerk of the board, who was also secretary of the caucus, was his tried henchman. Gallagher, the ablest of the Supervisors, flattered at being made his representative, and further bound by mercenary ties, was ready to do his slightest bidding. And never had entrenched boss more fruitful field for exploitation.
But scarcely had the new administration been installed, than a weak point developed in Ruef’s position. District Attorney William H. Langdon, who had been elected on the Ruef ticket, gave evidence that he proposed to enforce the law, regardless of the effect upon the administration of which he was a part, or upon Ruef’s plans and interests.
The first intimation the public had of Langdon’s independent attitude came when gambling games in which Ruef was popularly supposed to be interested were raided under the personal direction of the District Attorney. Langdon had first attempted to close the places through the police department. Failing, he had attended to the matter himself.[24] The gamblers appealed to Ruef, but Ruef was helpless. Langdon would not be turned from his purpose. The gamblers and capitalists interested in gambling establishments charged Langdon with political ingratitude.
But those who were laboring for the development, and were opposing the exploitation of San Francisco, saw in Langdon’s course the first sign that Abraham Ruef was not to have undisputed sway in San Francisco.[25] With Langdon in the District Attorney’s office it was still possible that the laws could be enforced--even against Abraham Ruef. The raiding of the gambling dens marked the beginning of the division in San Francisco, with those who approached the Ruef administration with bribe money on the one side, and those who resisted with the check of law enforcement on the other.
CHAPTER III.
The San Francisco Ruef Ruled.
The decade ending 1910 was for California an era of extraordinary enterprise and development. A third transcontinental railroad, the Western Pacific, was completed; vast land-holdings as large as 40,000 acres in a body were cut up into small tracts and sold to settlers; waters brought to the land by vast irrigation enterprises increased the land’s productiveness three and even ten fold; petroleum fields, enormously rich, were opened up and developed; the utilization of the falling waters of mountain streams to generate electric power, brought cheap light and power and heat to farm as well as to city factory. The Spanish war had brought thousands of troops to the coast. Practically all of them passed through San Francisco. This particular activity had its influence on local conditions. The State’s population increased from 1,485,053 in 1900 to 2,377,549 in 1910.
Up to the time of the San Francisco fire, April 18, 1906, San Francisco, of the cities of the State, profited most by this development. San Francisco bank clearances, for example, increased from $1,029,582,594.78 for the year ending December 31, 1900, to $1,834,549,788.51 for the year ending December 31, 1905, a gain of 80 per cent.
San Francisco’s increase in population during those five years, can, of course, only be estimated. On the basis of the registration for the 1905 municipal election, approximately 98,000, San Francisco had, at the time of the 1906 disaster, a population of about 500,000, an increase from the population of 342,782 shown by the 1900 census of practically 50 per cent. in five years.[26]
The rapid increase in population, the sustained prosperity of the community, and its prospective development made San Francisco one of the most promising fields for investment in the country.
The public service corporations were quick to take advantage of the San Francisco opportunity. Those corporations already established sought to strengthen their position; new corporations strove for foothold in the promising field. Thus, we find the Home Telephone Company, financed by Ohio and Southern California capitalists, seeking a franchise to operate a telephone system in opposition to the Pacific States Telephone and Telegraph Company, which was already established. And we find the Pacific States Company taking active part in municipal politics to prevent the Home franchise or any other opposition telephone franchise being granted. The corporation holding the light and power monopoly, the Pacific Gas and Electric Company, had by the time of the third Schmitz inaugural, practical control of the San Francisco field. But it was face to face with a clamor for reduction of gas rates. The company was charging one dollar a thousand for gas. The Union-Labor party platform of 1905 pledged the Board of Supervisors to a seventy-five-cents-per-thousand rate.
Another matter of tremendous importance to the growing municipality was that of the supply of water. The Spring Valley Water Company had a monopoly of this necessity, but demand for municipal water to be brought from the Sierras was strong. A committee of experts had been appointed to pass upon the various sources of supply. Ruef appeared before them as spokesman for the Supervisors. The experts resigned when it was made clear to them that instead of being permitted to make an adequate study of all available sources of supply they were to report upon the Bay Cities project alone.[27] After the ousting of the Schmitz-Ruef administration the Bay Cities project was ignored and bonds authorized to bring water from Hetch-Hetchy valley. The Spring Valley Water Company, however, has been successful in blocking this project, and in 1914, San Francisco seems almost as far away from realizing her ambition for a supply of pure water as in 1905-6 when Ruef and his followers were at the height of their power.
The public-service problem which was attracting the most attention at the time of the great fire, was that of street-car transportation. The principal lines had passed into the hands of the United Railroads.[28] The corporation had, at the time of Schmitz’s election in 1905, practically a monopoly of the San Francisco street-car service.
The company’s principal lines were operated by the cable system. But fully five years before the fire, all traction officials as well as the general public, recognized that San Francisco had outgrown the cable road. It was admitted that electric lines must be substituted for the cable, but there was sharp division as to the character of the electric lines which should be installed. The officials of the United Railroads proposed the overhead trolley method of propulsion; the public, so far as it could find expression, declared for the underground conduit system.[29] In taking this position, the public was in reality backing up the municipal engineers, who had been sent to Eastern States to investigate electric transportation systems, and who had found in favor of the conduit and against the trolley.[30]
The San Francisco Merchants’ Association, however, apparently dissatisfied with the reports of the engineers employed by the municipality, employed Mr. William Barclay Parsons to report on the relative merits of the trolley and the conduit systems.
Mr. Parsons took issue with the city’s engineers, and recommended the trolley as against the conduit.[31] The directors of the Merchants’ Association thereupon declared for the trolley system.
Criticism of this action of the directors was followed by submission of the question to a referendum vote of the Association membership. The members voted in opposition to the directors, declaring against the trolley and for the conduit.[32]
But the most determined opposition to the installation of the trolley system came from improvement clubs, whose purpose was to promote the best development of San Francisco.
Prominent among these organizations were the Improvement and Adornment Association,[33] the Sutter Street Improvement Club[34] and the Pacific Avenue Improvement Club. The membership of these organizations consisted of some of the largest owners of San Francisco properties. The leaders were comparatively young men, natives of San Francisco, whose interests were inseparably wrapped up in the community, and who aimed to promote the best possible development of the city of their birth and fortunes.
Prominent in this group were Rudolph Spreckels[35] and James D. Phelan,[36] rated among the heaviest property-owners of San Francisco. These men were ready to join with the United Railroads in any plan which proposed the highest development of the street-car service.[37] On the other hand, they were prepared to oppose any attempt to exploit the service to the detriment of San Francisco.[38]
A conference of the directors of the Improvement and Adornment Association with officials of the United Railroads was finally arranged.[39] The meetings were held in March, 1906, less than a month before the great fire. There were, before the attempted adjustment was abandoned, several sessions.
The citizens urged Patrick Calhoun, president of the United Railroads, to give up his trolley design for Market and Sutter streets. As a compromise, he substantially agreed to build the underground conduit as far as Powell on Sutter, and as far as Valencia on Market, picking up the trolley on Valencia, McAllister, Hayes and Haight streets. The Adornment Committee directors wanted the conduit system on Sutter street extended as far as possible, and held out for Van Ness avenue. Calhoun would not consent to install the conduit beyond Powell.
In the midst of this deadlock, the San Francisco Chronicle published what purported to be reports of the several conferences. Up to that time there had been no publication of the meetings.
Following the Chronicle publication, Calhoun, in a letter to members of the Adornment Association, declared the information contained in the Chronicle article to be inaccurate,[40] and offered to let the people decide whether they wanted a conduit system on Market street to Valencia, and on Sutter street to Powell, or a uniform all-trolley system throughout the city.
Mr. Calhoun’s suggestion seemed reasonable until he stated in an interview that by the people he meant the Board of Supervisors.
He was asked how he proposed to ascertain the wishes of the people.
“I should suggest,” he is reported as replying, “that the matter be referred to the decision of the Board of Supervisors. The Board of Supervisors is a public body selected by the people, and represents the ideas and wishes of the people of the city.”
The reply was not well received. The Supervisors were even then under suspicion of corruption. Less than a fortnight before, March 10, the Examiner had called the board’s action on an ordinance which was supported by the Home Telephone Company “suspicious,” and had stated that the board had “made the mistake of acting as a bribed Board of Supervisors would have acted.”[41]
Later on, the Supervisors themselves confessed to having been bribed to grant the telephone franchise. The public, not at all blind to what was going on, believed, even at the time Mr. Calhoun made his suggestion, although there was no proof, that the Supervisors had been bribed.
San Francisco was opposed to any plan that would put trolley cars on the city’s best streets. Submission of the issue to the people would have been popular. Mr. Calhoun’s proposal that it be left to the Supervisors was met with suspicion, and open distrust of Mr. Calhoun’s motives.
In answer to the criticism which Mr. Calhoun’s suggestion had aroused, Mr. Calhoun, in a second letter to the Adornment Association, withdrew his offer to submit the question to the people, and announced the intention of his company to proceed with preparation of a plan for a uniform trolley system to be installed wherever the grades would permit.[42]
This second letter was made public in March, 1906, less than a month before the fire. The position taken by the United Railroads was generally condemned.[43] But the opposition took more practical form than mere denunciation. A group of capitalists, headed by Claus Spreckels, father of Rudolph Spreckels, Rudolph Spreckels and James D. Phelan, announced their intention to organize a street-railroad company, to demonstrate the practicability of operating electric cars in San Francisco, under the conduit system.
The plan was given immediate endorsement both by press and general public. The project was explained in detail to Mayor Schmitz, who in a published statement gave the enterprise his unqualified approval.[44] But when the incorporators sought further interview with Mayor Schmitz, they found themselves unable to secure a hearing.
The company, under the name of the Municipal Street Railways of San Francisco, was formed with Claus Spreckels, James D. Phelan, George Whittell, Rudolph Spreckels and Charles S. Wheeler as incorporators. The capital stock of the company was fixed at $14,000,000. Of this, $4,500,000 was subscribed, ten per cent. of which, $450,000, was paid over to the treasurer.[45]
With this $450,000 an experimental line, under the conduit system, was to be built on Bush street.[46]
The articles of incorporation provided that the franchises acquired under them should contain provisions for the acquisition by the City and County of San Francisco of the roads thus built.[47]
The new company filed its articles of incorporation with the Secretary of State at Sacramento on April 17, 1906.
In the early morning of the day following, April 18, came the San Francisco earthquake and fire. For the moment the public forgot all differences in the common disaster. But the lines of division between exploiter and builder could not be wiped out, not even by the destruction of the city. The contest, which had, without any one realizing its full significance, been fast coming to a head before the fire, was to take definite shape after the disaster.
CHAPTER IV.
San Francisco After the Fire.
The great San Francisco fire was brought under control Friday, April 20, 1906. The Sunday following, the first step was taken toward getting the scattered Board of Supervisors together. George B. Keane, clerk of the board, is authority for the statement that the meeting place was in a room back of Supervisor McGushin’s saloon.[48] The ashes of the burned city were still hot; the average citizen was thinking only of the next meal and shelter for the night for himself and dependents. But the public-service corporations were even then active in furthering plans which had been temporarily dropped while San Francisco was burning.
At the McGushin-saloon meeting, Keane found with the Supervisors Mr. Frick of the law firm of Thomas, Gerstle & Frick. Mr. Frick was on hand to represent the petitioners for the Home Telephone franchise, which, at the time of the disaster was pending before the board.
For months previous to the fire, no subject affecting a San Francisco public-service corporation had, with the single exception of the United Railroads’ scheme for substituting electric for cable service, created more discussion than the Home Telephone application for franchise. There had been allegations that the progress which, previous to the fire, the Home Company had made toward securing its franchise, had been paid for,[49] but for weeks after the fire few citizens had time to think about it. The people forgot for the time the issues which had before the disaster divided the city. But the agents for the public-service corporations did not forget. We find a representative of the Home Telephone Company picking his way over the hot ashes of the burned city to McGushin’s saloon to meet the Supervisors that the interests of his company might be preserved. The developments of the graft prosecution indicate that even as the Home Company was seeking out the Supervisors, the United Railroads was getting into touch with Ruef.[50]
But if the corporations were quick to avail themselves of the situation to secure privileges denied them before the fire, they were also active in the work of rehabilitation—so far as such activity served their plans and purposes.
This was well illustrated by the course of the United Railroads. Within a fortnight after the fire, that corporation had established efficient service over a number of its electric lines. For a time, passengers were carried without charge. On April 29 and 30, however, fares were collected from men, but not from women and children. With the beginning of May, fares were collected from all persons. For a time, in a glare of much publicity, the United Railroads contributed these collections to the fund for the relief of the stricken city.
The Home Telephone Company had no plant to restore nor authority to establish one; but on Ruef’s suggestion it, too, contributed to the fund for the relief of the stricken city—$75,000.[51]
The United Railroads’ activity in restoring its electric roads, was in curious contrast to its failure to take advantage of the possibilities offered by its cable systems. As some excuse for this inactivity, the corporation’s representatives alleged that the cable slots had been closed by the earthquake, making restoration of the cable roads impractical.
The alleged closing of the slots was even used as argument against the conduit electric system.[52] But as a matter of fact, there were many to testify that the damage done the cable slots was not from the earthquake, although the slots in the burned district had been warped more or less by the heat of the fire. But this damage was easily remedied. On the Geary-street road, for example, cars were run for an hour or more after the earthquake. The fire warped the Geary-street cable slot, but this was easily and cheaply remedied by a force of men with cold chisels and hammers.[53]
Statements from officials of the United Railroads, now of record, indicate that the company’s cable lines suffered no greater damage than did other cable systems. An affidavit of Frank E. Sharon, for example, who before the fire was superintendent of cables and stables belonging to the United Railroads, made in the adjustment of fire losses sustained by that corporation, sets forth that the company’s principal cable power house and repair shops situate on Valencia street were damaged but little by the earthquake.[54] Although the buildings were damaged by the fire, the damage to the contents, including the machinery by which the cable cars were operated, was, according to statements made by the United Railroads in fire-loss adjustment, comparatively small. The company placed the sound value upon this machinery and contents, after the earthquake, but preceding the fire, at $70,308.80. The salvage was placed at $60,933.80, leaving a total fire loss of $9,375.[55]
The cable cars, with few exceptions, were saved. The most serious loss of cars was on the Powell-street system, where sixty-four were destroyed. Only one Valencia-street car was burned. After both earthquake and fire, the United Railroads had available at least 150 cable cars for its Market and Powell-street systems. This does not include the cable cars available on the Hayes and McAllister roads. The power-houses of these two last-named systems were not destroyed by fire. The allegation has been made that the McAllister-street cable was kept running for several hours after the earthquake.
But whatever the possibilities for the restoration of the United Railroads’ cable properties, no steps were taken toward that end. Instead, trolley wires were strung over the tracks of cable systems. Street-car service was one of the greatest needs of the first few weeks following the fire. Statements that cable properties could not be restored were generally believed; the trolley service was accepted as a matter of expediency; few thought, however, that it was to be permanent.[56]
Within two weeks after the fire, the United Railroads had trolley wires strung over the cable tracks on Market street. The little objection made to this course went unheeded. The Market-street trolley cars, two weeks after the fire, were as welcome to The People of San Francisco as were the temporary shacks which were being erected upon the sites of the old city’s finest buildings. Market-street trolley cars gave as sorely-needed transportation as the shacks gave needed shelter.
The opening of the Market-street trolley line was made subject for rejoicing throughout the city. In the midst of this good feeling toward his company, President Calhoun gave out that if allowed to place overhead wires on Sutter and Larkin streets, he would place 2,000 men at work and have both these lines in operation within thirty days.[57]
But the era of good feeling was not of long duration. On May 14, less than a month after the fire, the Supervisors received a communication signed by President Calhoun as President of the United Railroads, setting forth that if the board would permit the use on the cable lines of the standard electric system in use on the company’s other lines, the United Railroads would be glad to put all of their lines in commission as rapidly as could be accomplished by the most liberal expenditure of money and the largest possible employment of men.[58]
That very day, the Supervisors took the initial step toward granting to the United Railroads a blanket permit, authorizing that corporation to substitute the trolley system for all its cable lines.
Immediately, San Francisco’s opposition to the trolley system was revived. All classes joined in condemning the action of the board. The Sutter Street Improvement Club, representing large down-town interests and property holders, adopted resolutions demanding that the Supervisors refuse to grant the permit. The San Francisco Labor Council, representing over 100 affiliated unions, with a membership of more than 30,000 wage earners, declared as strongly against such action. The press charged the United Railroads with taking advantage of the city’s distress to force the trolley upon her.[59]
Then came explanations and defense. Mayor Schmitz in public interviews set forth that the proposed permit was not a permanent measure, nor under its provisions could the United Railroads indefinitely operate trolley cars in Market street.[60] The Labor Council which had at first adopted resolutions condemning the policy of granting the permit, adopted resolutions of confidence in the “present city administration.” President Calhoun himself solicited citizens to attend the meeting of the board at which a vote was to be taken on the proposed permit, to urge action favorable to the United Railroads.[61]
Long before the board met to take final action it was recognized that in spite of opposition the permit would be granted.[62] And it was granted. On May 21, the Supervisors passed the ordinance which gave the United Railroads authority to convert its cable systems, wherever grades would permit, into trolley lines. For this privilege, no money compensation, nor promise of compensation, was made the city.[63]
Demand that Mayor Schmitz veto the ordinance granting these extraordinary privileges followed. Nevertheless, the Mayor affixed his signature to the trolley permit-granting ordinance.
Fair expression of the feeling this action engendered will be found in the San Francisco papers of the latter part of May, 1906. “Mayor Eugene E. Schmitz,” said the Examiner, for example, “has betrayed the trust reposed in him by the people, violated his solemn pledge in favor of an underground conduit system, and joined Abe Ruef and the United Railroads in the shameless work of looting the city at the time of her greatest need.”
The Ruef-Schmitz administration protested at the criticism. The eighteen Supervisors, seventeen of whom were within a year to confess that they had accepted bribes and all of whom were to be involved in the scandal, joined in a letter[64] to the Examiner, announcing that such criticism was unwarranted, and injured the city. The letter contained veiled threat that questioning of the Supervisors’ motives would not be tolerated. The threat, however, intimidated nobody. Criticism of Ruef and the administration continued.
But in spite of the hostility toward him, Ruef controlled the San Francisco delegates who were named that year to attend the Republican State convention. The convention met at Santa Cruz. Ruef held the balance of power. He was the most sought man there. He had the nomination for Governor in his hands. He gave it to James N. Gillett.[65]
While the convention was in session, a dinner was given the State leaders of the Republican party at the home of Major Frank McLaughlin, then Chairman of the Republican State Central Committee. Ruef was one of the select few present. A flash-light picture of that banquet board shows him seated in the place of honor at the center of the table, the remaining guests with the exception of the host, McLaughlin, who is seated at Ruef’s side, standing.
At Ruef’s back stands James N. Gillett, who had just received, with Ruef’s assistance, the party nomination for Governor, his hand resting upon Ruef’s shoulder. Others in this flash-light group are George Hatton, political manipulator, whose connection with the 1905 mayoralty campaign in San Francisco has already been noted; J. W. McKinley, head of the Southern Pacific Law Department at Los Angeles, who was chairman of the convention; Rudolph Herold, a politician prominent in the counsels of the old “Southern Pacific machine”; Justice F. W. Henshaw of the California Supreme Bench, who was nominated at the convention for re-election;[66] Walter F. Parker, political agent for the Southern Pacific Company; Warren R. Porter, who had just received the nomination for Lieutenant-Governor; Congressman J. R. Knowland, prominent in the counsels of the “machine” that at the time dominated the State, and Judge F. H. Kerrigan of the Appellate Bench, whose decision in favor of the Southern Pacific Company while on the Superior Bench, in the so-called San Joaquin Valley railroad rate case, made him a conspicuous figure in California public life.[67]
The group represented the most effective forces at the time in California politics. Ruef, at the Santa Cruz convention, reached the height of his power. He left Santa Cruz planning a State organization that would make him as great a factor in State politics as he was at the metropolis.
But on his return to San Francisco, Ruef found himself harassed by criticism and beset by opposition. At every point in the municipal administration, with the exception of the District Attorney’s office, was suggestion of graft and incompetency. The police department could not, or would not, control the criminal element. Merchants, in the middle of the day, were struck down at their places of business and robbed. Several were fatally injured in such attacks, being found dying and even dead behind their counters. Street robberies were of daily occurrence.
In the acres of ash-strewn ruins, was junk worth hundreds of thousands of dollars. The police seemed utterly powerless to protect this property. It became the loot of unchecked bands of thieves.
A reign of terror prevailed. Citizens feared to appear on the streets at night. Merchants charged that their business was seriously injured by these conditions. On all sides, blame was placed upon the Schmitz administration which Ruef was known to control.[68]
Then again, Ruef’s toll from the tolerated gambling, saloon and social evil interests was getting too heavy for his own safety.[69] The public was given hint of this when the newspapers quoted George Renner, a prominent businessman, as asserting that a liquor license could be secured if the applicant “put the matter into Ruef’s hands and paid a fat little fee.” Ruef, in his reply, stated that the liquor people were nuisances anyhow. Ruef had long acted as attorney for the California Liquor Dealers’ Association. The Association, after Ruef’s flippant characterization of the liquor people, boldly dispensed with his services and employed another attorney, Herbert Choynski, in his stead. Choynski made no effort to placate Ruef. On the contrary, he gave out interviews to the press charging that Ruef had received $500,000 for the trolley permit, and that each Supervisor had been given $4000 or $5000 for his vote.
This story was given some credit, although few realized the amount of truth it contained.
The Supervisors were spending money freely. Men, who in private life had earned less than $100 a month, and as Supervisors were receiving only that amount, gave evidence of being generously supplied with funds. Supervisor Coffey, a hack driver, took a trip to Chicago. Lonergan, driver of a delivery wagon, announced plans for a tour of Ireland with his wife and children. Wilson planned a trip through the Eastern States. The official head of the administration, Mayor Schmitz, left on a trip to Europe, leaving Supervisor Gallagher as acting Mayor.[70] Reports printed in San Francisco papers of Schmitz, the orchestra player, as guest of the most expensive European hotels, did not tend to lessen the opposition to the administration.
The general dissatisfaction with the administration finally found expression in a mass meeting intended to inaugurate a movement to rid the community of Ruef’s influence.[71] The meeting was called in the name of various promotion associations and improvement clubs. It was to have been held in the rooms of the California Promotion Association, a temporary shack that had been erected in Union Square, a public park in the business district. But the crowd which gathered was so great that the meeting had to be held in the park itself.
When the committee in charge met to complete final preparations, preliminary to calling the meeting to order, Ruef and Acting Mayor Gallagher, with astonishing assurance, appeared before the committee and offered their co-operation in the work in hand. Their presence does not appear to have been welcome. Nevertheless, before the resolutions which the committee had under consideration were read before the crowd, all harsh references to Ruef and the municipal administration had been expurgated. In effect, the expurgated resolutions called upon commercial organizations, clubs, labor unions and similar bodies to form a committee of 100 for public safety.
In the meeting which followed the expurgation of the resolutions, the organizers of the movement lost control. Their counsel was for moderation in a situation where all elements were at work.
The crowd was made up of Ruef claquers who shouted everybody down; members of Labor Unions who had been led to believe that the purpose of the gathering was to break down the unions; and of radicals who were for proceeding immediately to clean up the town. Those responsible for the gathering appeared appalled at its magnitude, and showed themselves unable to cope with the situation.
William A. Doble presided. Samuel M. Shortridge, an attorney who was to play a prominent part in the graft trials, stood at Doble’s side and acted as a sort of director of the proceedings. The expurgated resolutions were read by the President of the Merchants’ Association, E. R. Lillienthal. The ayes were called for and the resolutions declared to have been adopted. The next moment announcement was made that the meeting stood adjourned.
An angry demonstration followed. The people had met to discuss lawlessness. They refused to be put off. The adjourned meeting refused to adjourn. There were cries of Drive Ruef out of Town. One speaker, A. B. Truman, denounced Ruef as a grafter. For the moment an outbreak seemed imminent. At this crisis, Acting Mayor Gallagher appeared.
“I would suggest,” he announced,[72] “that you disperse to your respective homes.”
Citizens who did not care to participate in what threatened to become a riot began leaving the park. But Ruef’s henchmen did not leave.
Ruef, who had cowered in fright when the crowd was denouncing him, was concealed in a room in the so-called Little St. Francis Hotel, which after the fire had been erected in Union Square Park. From his hiding place he could see the crowd without being seen. At the right time, he appeared on the steps of the building which were used for the speaker’s stand. His followers, now in a majority, cheered him wildly. The next moment, Ruef was in control of the meeting which had been called to protest against the conditions in San Francisco, for which the administration, of which he was the recognized head, was held to be accountable.[73] The first serious attempt to oust Ruef from his dictatorship had failed.
But while the protestants against prevailing conditions were hot with the disappointments of this failure, District Attorney Langdon issued a statement that he had determined to seize the opportunity presented by the impanelment of a new Grand Jury to inaugurate a systematic and thorough investigation into charges of official graft and malfeasance in office. To assist in this work, he announced, Francis J. Heney had been requested to become a regular deputy in the District Attorney’s office, and had accepted. That the investigation might not be handicapped by lack of funds, Mr. Langdon stated Rudolph Spreckels had guaranteed that he would personally undertake the collection from public-spirited citizens of a fund to provide for the expenses necessary to make the investigation thorough.[74] It became known that William J. Burns, who had been associated with Heney in the Oregon land-fraud cases, had been retained to direct the investigation, and that for several months his agents had been quietly at work.
The effect of these announcements was immediate. All talk of “vigilante committee” and “lynching” ceased. The case of The People of San Francisco vs. the Schmitz-Ruef Administration was to be presented in an orderly way in the courts.
And the united press of San Francisco, legitimate business interests, and a great majority of the people welcomed the alternative.
CHAPTER V.
Graft Prosecution Opens.
Three days after the announcement of his plans, District Attorney Langdon appointed Heney to a regular deputyship. But even before Langdon had taken office, as early as December, 1905, Fremont Older, editor of the San Francisco Bulletin, had suggested to Heney that he undertake the prosecution of those responsible for conditions in San Francisco.
The Bulletin had been the most fearless and consistent of the opponents of the Schmitz-Ruef regime.[75] After Ruef’s complete triumph at the November election in 1905, he boasted that he would break the Bulletin with libel suits. With every department of government in his control, Ruef appeared to be in a position where, even though he might not be able to make good his threat, he could cause the Bulletin much annoyance if not great financial loss.
Older went on to Washington to engage Heney to defend the paper, should Ruef attempt to make his boast good. Heney gave Ruef’s threats little credence. “I would be very glad to defend you,” he told Older, “but I am afraid I’ll never get a chance to earn that fee.”[76]
Incidentally Older stated that he believed a fund could be raised to prosecute the corrupters of the San Francisco municipal government, and asked Heney if he would undertake the prosecution, if such a fund could be secured.
Heney replied that he would be glad to undertake it, but stated that at least $100,000 would be required. And even with this amount, Heney pointed out to Older, all efforts would be futile, unless the District Attorney were genuinely in sympathy with the movement to better conditions.
On Heney’s return to California early in 1906, Older brought him and Rudolph Spreckels[77] and James D. Phelan together. Heney and Spreckels met for the first time. Phelan vouched for Langdon’s[78] integrity and honesty of purpose. Indeed, Langdon was already giving evidence of his independence of the Ruef organization. Up to that time no attempt had been made to raise the funds necessary to conduct a practical investigation. Phelan stated that he would subscribe $10,000 and Spreckels agreed to give a like amount. Spreckels undertook to look the field over and expressed confidence that he could get twenty men who would subscribe $5000 each, making the $100,000 which Heney had declared to be necessary for the undertaking. The question of Heney’s fee was then raised.[79]
“If there be anything left out of the $100,000 we will talk about fee,” Heney replied. “But I don’t think there will be anything left and I will put up my time against your money.”
It was practically settled at this meeting that Heney should devote himself to the prosecution of corruptionists against whom evidence might be secured. He returned to Washington early in March to wind up his affairs there. Before he could return to San Francisco, came the earthquake and fire.
Heney got back to San Francisco April 25, one week after the disaster. He had another conference with Spreckels.[80] Spreckels told him that he wanted the investigation begun at the earliest possible moment, and that he (Spreckels) would himself guarantee the expenses which might be incurred.[81] Heney notified Burns, and as early as June[82] Burns had begun the investigation that was to result in the downfall of Ruef, and the scattering of his forces.
By the middle of the following October, Heney had so arranged his affairs as to be free to devote himself to the San Francisco investigation. His appointment as Deputy District Attorney followed.
In view of one of the principal defenses advanced by Ruef and his allies, namely, that the graft prosecution was undertaken to injure the United Railroads, these dates are important. The services for which the bribe money which got the United Railroads into difficulties was paid, were not rendered until May 21, 1906, long after final arrangements had been made for Burns to conduct the investigation and Heney to assist in the prosecution. The actual passing of the United Railroads bribe money was not completed until late in August[83] of that year. Burns was at work, and had received pay for his services before the bribe-giving for which United Railroad officials were prosecuted had taken place.[84]
Langdon’s announcement that he would appoint Heney as a Deputy District Attorney, to assist in investigating into charges of official corruption, brought upon him the condemnation of the municipal administration and of the leaders of the Union-Labor party. P. H. McCarthy and O. A. Tveitmoe, who, from opposing the Union-Labor party movement in 1901-3 had, by the time the Graft Prosecution opened, become prominent in its councils, were particularly bitter in their denunciations. At a Ruef-planned mass meeting held at the largest auditorium in the city October 31, 1906, for the purpose of organizing a league for the protection of the administration, Langdon was dubbed “traitor to his party,” a man “who has gone back on his friends,” “the Benedict Arnold of San Francisco.”
Heney was denounced as “the man from Arizona.” On the other hand Mayor Schmitz was called “the peerless champion of the people’s rights,” and Ruef, “the Mayor’s loyal, able and intrepid friend.”
Thomas Egan, one of the organizers of the Union-Labor party, stated of the graft prosecution: “This movement, led by Rudolph Spreckels and engineered by James D. Phelan, conceived in iniquity and born in shame, is for the purpose of destroying the labor organizations and again to gain control of the government of our fair city.”
Ruef, in an earnest address, insisted upon his innocence of wrongdoing. “As sure as there is a God in heaven,” he announced solemnly, “they have no proof as they claim.”[85]
Acting Mayor Gallagher issued a statement in which he took the same ground as had Egan at the Dreamland Rink mass meeting, that the prosecution was a movement on the part of the Citizens’ Alliance to disrupt the labor unions.[86]
From another angle, officials of public service corporations charged those identified with the investigation with being in league with the labor unions. In one of his statements to the public, Patrick Calhoun, president of the United Railroads, set forth that, “I confidently expect to defeat alike the machinations of Rudolph Spreckels, his private prosecutor, with his corps of hired detectives, and Mr. Cornelius, president of the Carmen’s Union, the leader of anarchy and lawlessness, and to see fairly established in this community the principles of American liberty, and the triumphs of truth and justice.”[87]
Then, too, there were points at which the two supposed extremes, corporation magnates and Labor-Union politicians, touched in their opposition to the prosecution. At a meeting held on November 2, 1906, less than two weeks after Heney’s appointment, John E. Bennett, representing the Bay Cities Water Company, read a paper in which Heney and Langdon were denounced as the agents of the Spring Valley Water Company. The Chronicle, in its issue of November 3, charged that the paper read by Mr. Bennett was type proof of a pamphlet that was to be widely distributed, and that the proof sheets had been taken to the meeting by George B. Keane, secretary of the Board of Supervisors.[88]
On the other hand, practically the entire press of the city,[89] the general public and many of the labor unions gave the prosecution unqualified endorsement, welcoming it as opportunity, in an orderly way, either to establish beyond question, or to disprove, the charges against the administration of incompetency and corruption.[90] Rudolph Spreckels’s statement, that “this is no question of capital and labor, but of dishonesty and justice,”[91] was generally accepted as true expression of the situation.
Those directly connected with allegations or suggestion of irregular practices, issued statements disclaiming any knowledge of irregularity or corruption. General Tirey L. Ford, chief counsel of the United Railroads, in a published interview,[92] stated that no political boss nor any person connected with the municipal administration had benefited financially to the extent of one dollar in the trolley permit transaction, and that had any one profited thereby, he (Ford) in his official capacity would have known of it. Those connected with the administration were as vigorous in their denials.[93] Many of them expressed satisfaction at the prospect of an investigation. Supervisor Kelly went so far as to suggest that the municipality give $5000 to assist in the inquiry. “Let us,” said Supervisor Lonergan, “get to the bottom of this thing. These cracks about graft have been made right along, and we should have them proved or disproved at once.”
But in spite of this brave front, the developments of the years of resistance of the graft prosecution show the few days following Heney’s appointment as Assistant District Attorney to have been a period of intense anxiety to Ruef and his immediate advisers. Ruef held daily consultations with Acting Mayor Gallagher, Clerk Keane, and his attorney, Henry Ach. The public knew little of these consultations, but a rumor became current that Mayor Gallagher would suspend District Attorney Langdon from office. Little credence was given this, however. Nevertheless, on the night of October 25 Acting Mayor Gallagher suspended Langdon from office, and appointed Abraham Ruef to be District Attorney to conduct the graft investigations.[94]
The following morning the San Francisco Call, under a large picture of Ruef, printed the words: “THIS MAN’S HAND GRIPS THE THROAT OF SAN FRANCISCO.”
CHAPTER VI.
Ruef’s Fight to Take the District Attorney’s Office.
The impaneling of the Grand Jury was to have been completed on October 26. Heney was appointed Assistant District Attorney on October 24. Ruef, to secure control of the District Attorney’s office before the Grand Jury could be sworn, had little time to act. But he was equal to the emergency. Gallagher removed Langdon and named Ruef as District Attorney the day after Heney’s appointment and the day before the impaneling of the Grand Jury was to have been completed.
Ruef had, however, considered Langdon’s suspension from the day of the District Attorney’s announcement of his plans for investigating graft charges. Gallagher testified at the graft trials that Ruef had, several days before Langdon’s suspension, notified him it might be necessary to remove Langdon from office[95]. The Acting Mayor expressed himself as ready to carry out whatever Ruef might want done.
Gallagher testified that the names of several attorneys, including that of Henry Ach, Ruef’s attorney and close associate, were canvassed as eligible for appointment as Langdon’s successor. Nothing definite was decided upon, however, until the day that Langdon’s position was declared vacant. On that day, Gallagher received word from Ruef to call at his office. There, according to Gallagher’s statement, he found Thomas V. Cator, a member of the municipal Board of Election Commissioners. Henry Ach came in later.
Ruef told Gallagher that he had decided it was necessary to remove Langdon, and that he had decided to take the place himself. Gallagher assured Ruef that whatever Ruef decided in the matter he, the Acting Mayor, would stand by. The papers removing Langdon had already been prepared. Gallagher read them over, for typographical errors, he states in his testimony, and signed them.
The Board of Supervisors was to have met that day at 2:30 P. M. in regular weekly session. Gallagher, as Acting Mayor, was to preside. But it was well after 6 P. M. when Gallagher arrived, from Ruef’s office, at the council chamber.
He appeared worried and disturbed. The Supervisors, who had been waiting for him for nearly four hours, were called to order. The communication removing Langdon was read and adopted without debate or opposition.[96] Gallagher then announced that he had appointed Ruef to be Langdon’s successor.
How completely Ruef dominated the municipal departments was shown by the fact that he filed his bond, his oath of office, and his certificate of appointment at the various municipal offices without hint of what was going on reaching the public. Ruef had commanded secrecy, and secrecy was observed. After Gallagher had announced Ruef’s appointment in open meeting of the Supervisors, the filing of the papers was made public.
Although the Supervisors, in open board meeting, endorsed Gallagher’s action without apparent hesitation, nevertheless the abler among them did so with misgivings. Supervisor Wilson went straight from the meeting of the board to Ruef’s office. He told Ruef that in his judgment a mistake had been made; that the papers would call the removal of Langdon confession of guilt.[97] But Ruef laughed at his fears, and to cheer him up, took him to a popular restaurant for dinner.
But before leaving his office, Ruef performed his first act as District Attorney. He wrote a curt note to Heney, dismissing him from the position of assistant.[98] Later in the evening he appointed as Heney’s successor Marshall B. Woodworth.
The order of dismissal was delivered to Heney within ten minutes. Heney’s answer reached Ruef as he sat at dinner with Supervisor Wilson and Henry Ach, who had joined the group. Heney’s reply was quite as pointed as Ruef’s letter of dismissal. Heney stated he did not recognize Ruef as District Attorney.
The battle between the two forces was fairly on. Ruef and his associates, as they sat at dinner, discussed the advisability of taking possession of the District Attorney’s office that night, but concluded to wait until morning. In this Ruef suffered the fate of many a general who has consented to delay. When morning came, District Attorney Langdon had his office under guard, and San Francisco was aroused as it had not been in a generation.
Supervisor Wilson had not misjudged the interpretation that would be placed upon Langdon’s suspension. The Call the following morning denounced Ruef as “District Attorney by usurpation; a prosecuting officer to save himself from prosecution.” The Chronicle set forth, in a biting editorial article, that “as long as they (the Ruef-Schmitz combine) felt safe from prosecution, they jauntily declared that they would like to see the accusations fully justified, but the instant they began to realize the possibility of being sent to San Quentin, they turned tail and resorted to a trick which every man in the community with gumption enough to form a judgment in such matters will recognize as a confession of guilt.”
The Examiner called the removal of Langdon and the appointment of Ruef, “the last stand of criminals hunted and driven to bay.”
“They have,” said the Examiner, “come to a point where they will stop at nothing.... William H. Langdon, the fearless District Attorney, and Francis J. Heney, the great prosecutor, have driven the bribe-seekers and the bribe-takers to a condition of political madness. In hysterical fear they last night attempted their anarchistic method of defense.”
The Bulletin devoted its entire editorial page to Ruef’s new move, heading the article, “Ruef’s Illegal Action is Confession of Guilt.”
“Nothing,” said the Bulletin, “in the history of anarchy parallels in cool, deliberate usurpation of authority this latest exhibition of lawlessness in San Francisco.... Government is seized to overthrow government. Authority is exercised in defiance of authority. The office of the District Attorney is seized deliberately, with malice aforethought, with strategy and cunning and used as a fort for thieves to battle down the forces of citizenship. The criminals, accused of felony, after inviting investigation and pretending to assist, have shown their hypocrisy by committing an act of anarchy which, while it might be tolerated for the time being in San Francisco, would result in the execution of these men in any government of Europe.”
Gallagher’s action, while upheld by the Union-Labor party leaders, and by the unions which these leaders dominated, was condemned by independent labor organizations.
The Building Trades Council, with which all the building trades unions were affiliated, dominated by P. H. McCarthy, promptly endorsed Gallagher’s action in removing Langdon. But many of the affiliated unions not only withheld endorsement, but some of them repudiated the action of the central body.
The Bricklayers and Masons’ Union, for example, with 800 members present, and without a dissenting vote, adopted resolutions declaring that “the President and Secretary[99] of the Building Trades Council are not fit persons to be at the head of the Union movement in San Francisco,” and denouncing the course of the municipal administration, which the Building Trades Council had approved, as “high-handed defiance of the law.”[100]
In spite of this repudiation by the unions, Ruef issued a statement in which he denounced the prosecution as a movement “to destroy the Union Labor organization and to control the situation in San Francisco in the interest of those who are opposed to the success of the wage-earning classes.” He announced further, “I have accepted this office, the first political position I ever held in my life, because I believe it to be my duty to the public to bring to an end this constant defamation and to stop the publication of matter detrimental to the city’s growth and material interest.”
“I do not intend,” he said, “to make any changes in the personnel of the District Attorney’s office until it is determined what fate Mr. Langdon shall meet, with the exception that Mr. Heney will not be retained. I will not have Mr. Heney in my office because I do not believe that his moral standing is equal to the position.”[101]
District Attorney Langdon was out of the city when Acting Mayor Gallagher announced his suspension from office. Langdon hurried back prepared to resist the executive’s action.[102] Even while Ruef and his associates were debating the advisability of taking possession of the District Attorney’s office that night, attorneys for the prosecution were at work on papers in injunction proceedings to restrain Acting Mayor Gallagher, the Supervisors and Ruef from interfering with the District Attorney in the discharge of his duties. The papers were not ready before 5 o’clock of the morning of the 26th. At that hour, Superior Judge Seawell signed an order temporarily restraining Ruef from installing himself as District Attorney, and from interfering with Langdon in the discharge of his duties as District Attorney. By eight o’clock that morning, Presiding Judge Graham of the Superior Court had assigned the case to Judge Seawell’s department; a police officer and two deputy sheriffs had been installed in the District Attorney’s office with instructions to enforce the restraining order. For the time, at least, District Attorney Langdon was secure in his office.
Ruef appeared two hours later. He was that morning to have represented the defendant in a murder trial, The People vs. Denike, but began the day by formally withdrawing from the case on the ground that as District Attorney he could not appear for the defense. He appeared in the police courts ready to prosecute a libel suit which he had brought against the proprietor of the San Francisco Bulletin, but the justice had been served with Judge Seawell’s restraining order and the libel-case hearing was postponed. In Judge Dunne’s department of the Superior Court, Ruef received something of a setback. The Court made a special order permitting one of Langdon’s deputies to prosecute in a criminal action then pending, regardless of who might be District Attorney. The restraining order kept Ruef and Woodworth out of the District Attorney’s office. By noon it was evident that at the big event of that eventful day, the impaneling of the Grand Jury, Langdon, and not Ruef, would, as District Attorney, represent The People.
CHAPTER VII.
Oliver Grand Jury Impaneled.
The hard fight of the morning of October 26th to prevent Ruef taking possession of the District Attorney’s office had been carried on practically without the general public being aware of the proceedings. Langdon had been suspended early in the evening of the previous day. The temporary order restraining Ruef from interfering with the District Attorney had been signed at 5 o’clock in the morning. The general public found by the morning papers that Ruef had attempted to seize the office, but of the steps taken to stay his hand the papers had nothing. The question on every man’s lip was: Will Judge Graham recognize Ruef or Langdon as District Attorney at the impaneling of the Grand Jury?
The court was to meet at 2 o’clock. Long before that hour arrived, the halls of Temple Israel, a Jewish synagogue in which several departments of the Superior Court met during the months following the great fire, were packed with citizens. The street in front of the building soon became jammed with a struggling mass of men demanding entrance. The crowd became so great that none could enter or leave the building.
Plain-clothes men were on all sides, and succeeded in clearing a space about the entrance. The work of clearing the building of all who could not show that they had business there, then began. In this work, deference was shown Ruef’s adherents. Notorious saloon-keepers, ex-prize fighters and strong-arm men friendly to Ruef were permitted to remain. Opponents of the administration who protested against removal were unceremoniously thrown out.
Although little groups of partisans of the administration appeared in the crowd, the citizens assembled were in the main clearly in sympathy with the prosecution.[103] The arrival of Langdon, Heney and Spreckels was signal for outbursts of applause. Ruef apparently appreciated the feeling against him. He appeared guarded by two detectives of the regular police department,[104] and a body-guard of partisans. The crowd began to press about him. Several of his followers made motions as though to draw revolvers. Ruef hurried into the building. To add to the confusion, there was, planned or without planning, misunderstanding as to the room in which the hearing was to be held. The representatives of District Attorney Langdon’s office finding themselves misinformed as to the meeting place, forced their way from hall to hall seeking reliable information. When the room was finally located, it was found to be packed with Ruef followers. The sheriff ordered the doors closed. The Court’s attention was called to this. District Attorney Langdon insisted that the doors be opened and the crowd permitted to enter to the capacity of the room. He pointed out that some had been admitted and others kept out, and insisted there should be no discrimination. This course was taken. The crowd poured in until every available foot of standing room was occupied.[105]
Eighteen of the nineteen citizens required under the California law for Grand Jury service had already been drawn at former sessions of the court. As soon as order had been secured, the name of the nineteenth was taken from the jury box.
This detail over, Heney called the Court’s attention to the provision of the California law, that no person whose name does not appear on the assessment roll of the county in which he serves is eligible for Grand Jury service, and that the courts have held further, that bias or prejudice of a Grand Juror against a person indicted is sufficient grounds for setting aside the indictment. Heney then stated that he wished to examine the nineteen men as to their qualifications as Grand Jurors.
Ruef, announcing himself as an officer of the court, arose to speak. Heney objected to Ruef appearing, if by officer of the court he meant District Attorney or Acting District Attorney. Ruef answered that he appeared only in his capacity as member of the bar. On this showing he was allowed to proceed.
Ruef contended that the procedure proposed by Heney was irregular; that if followed the validity of the Grand Jury would be imperiled. He stated that he did not want to see the Grand Jury made an illegal body.
Heney replied that he intended, as Assistant District Attorney, to present felony charges against Ruef, and desired to examine the prospective Grand Jurors as to their bias for or against Ruef. Furthermore, Heney insisted, the Court had authority to excuse a juror if he were not on the assessment roll. To accept as Grand Jurors men whose names were not on the assessment roll, or men biased or prejudiced against Ruef would, Heney insisted, make the proceedings a farce.[106]
In reply to Heney, Ruef defied him to produce any evidence “in open court before an untutored Grand Jury for an indictment.” Ruef charged Heney further with employing abuse “to make the Grand Jury illegal so that nothing might come of any indictment.”
At this point, the Attorney General of the State, U. S. Webb,[107] addressed the Court. At his suggestion the Grand Jurors were excused for the day. General Webb then stated that he knew of no law for the procedure which Mr. Heney suggested. He admitted, however, that such procedure would be desirable, and advised that no hasty action be taken in coming to a decision.
Heney in reply read from California decisions to show that The People have the authority to make examination of Grand Jurors, and continued:
“The only question remaining is as to when this examination shall be made. Suppose the foreman of the Grand Jury is biased or prejudiced. Does it require any argument that now is the time to make this examination instead of waiting until we have presented our evidence to the Grand Jury? Shall we first have to give those whom we accuse time to bribe witnesses and get them out of the country? Shall we let the defendant come in and quash the indictment, if there is any bias or prejudice, and then be enabled to protect himself against prosecution?
“After the miserable fiasco (the attempted removal of Langdon) which occurred last night,” Heney went on, “what more important duty for this Court to perform than to say immediately that the law is more powerful than any man or any set of men in San Francisco?”
As Heney concluded, the packed courtroom burst into applause. The crowd outside heard, took it up and cheered wildly. As soon as order was restored, Henry Ach, one of the attorneys appearing for Ruef, suggested that Heney, the Attorney General and himself, get together to present the question of whether Langdon or Ruef were District Attorney to the Supreme Court. Ach stated that he feared if Langdon or Heney attended a session of the Grand Jury and Ruef were to be found to be District Attorney, then the acts of the Grand Jury might be invalidated.
Heney replied that in acting as prosecutor it had been his rule “to have no conferences, treaties or alliances with persons charged with crime, or with their attorneys.” On this ground, Heney declined Mr. Ach’s proposition.
Judge Graham made no rulings that day on any of the points raised, but ordered a continuance until the following Monday.
After adjournment of court, the appearance of Langdon and Heney at the entrance of the building brought forth cheers from the crowd that all through the proceedings had waited outside. A speech was demanded of Langdon.
“My friends,” he replied, “we have no speeches to make. We have a duty to perform and we will perform that duty.”
Immediately behind Langdon came Ruef, closely guarded by police and detectives. He was pale and worn and clearly frightened. The crowd pressed about him. Threats came from his followers to shoot into the crowd if it pressed too closely. Ruef finally reached his automobile and was driven away.[108]
The topic of discussion of the two days that elapsed before Judge Graham decided the questions that had been raised by Heney’s proposal to proceed with the examination of the Grand Jurors, was whether Graham would allow such examination. It was alleged that no less than four of the citizens drawn for Grand Jury service were not on the assessment roll. There were, too, charges that Ruef controlled several of them. Some of the papers printed the names of those whom it was alleged were either under obligations to Ruef or connected with his political organization.
A second crowd filled courtroom, building and street when Judge Graham’s court was called to order the following Monday. Mounted policemen, plain-clothes men and detectives, directed by two captains of police, were, however, on hand to preserve order.[109] There were no demonstrations. Judge Graham announced from the bench that after due deliberation, he had concluded that the District Attorney had the right to interrogate the Grand Jurors as to their qualifications. He stated further that inasmuch as Langdon was the de facto District Attorney, Langdon would conduct the examination.
The prosecution had won the first skirmish in the years-long fight upon which San Francisco was entering for the enforcement of the law.
The next move came from Attorney Samuel M. Shortridge. Shortridge appeared with Ruef’s attorney, Henry Ach, and Marshall B. Woodworth. Ruef had named Woodworth, it will be remembered, as Heney’s successor in the District Attorney’s office.
Mr. Shortridge read Acting Mayor Gallagher’s order suspending Langdon and appointing Ruef, and also called the Court’s attention to the fact that Ruef had filed his official bond as District Attorney. Shortridge stated that the matter was pending before Judge Seawell, and asked the Court, “in deference to Judge Seawell,” to postpone proceedings until the District-Attorney controversy should be decided. Shortridge expressed himself as fearful that, if the examination of the Grand Jurors went on, Judge Seawell’s decision might invalidate the Grand Jury proceedings.
W. T. Baggett, Assistant City Attorney,[110] followed Shortridge. Mr. Baggett read a letter from the Acting Mayor, setting forth the fact of Langdon’s removal, and joined with Shortridge in pleading for delay. But the pleas of both gentlemen were denied. Judge Graham repeated his opinion given earlier in the day that Langdon should be recognized as the de facto District Attorney, and ordered the impaneling of the Grand Jury to continue.
Shortridge thereupon announced his desire to participate in the examination of the Grand Jurors. Heney objected to Shortridge appearing as a representative of the District Attorney’s office. Shortridge replied that he respected Judge Seawell’s order, and had no intention of violating it. He asked if he would be permitted to act in the capacity of amicus curiæ[111] in examining jurors. This privilege was accorded him.
The examination of the Grand Jurors occupied more than a week. Several of the nineteen were excused, it being found that their names were not on the assessment roll.
The examination was concluded[112] on November 7th and the Grand Jurors sworn. B. P. Oliver was appointed foreman. From him the body received its name of Oliver Grand Jury. The Grand Jury organized by electing C. G. Burnett secretary. But one important question remained to be decided, namely—Was Ruef or Langdon to represent The People at the investigation into graft charges which the Grand Jury was ready to begin?
CHAPTER VIII.
Ruef Loses the District Attorney’s Office.
While the impaneling of the Grand Jury was going on before Judge Graham, Ruef was disputing Langdon’s title to the office of District Attorney before Judge Seawell. In these proceedings Samuel M. Shortridge appeared with Ruef’s attorney, Ach, and Deputy City Attorney Baggett, not as amicus curiæ, but as Ach’s associate in the legal contest to force Langdon out of office.
The principal feature of Ruef’s case was the introduction of affidavits, signed by sixteen members[113] of the Board of Supervisors, in which the Supervisors denied committing felony of any character. Later, after the Supervisors had confessed, these affidavits were to be used by the defense at practically all the graft trials in efforts to break down their testimony against the bribe-givers.
During the examination, Ach endeavored to force from Langdon and his deputies a statement of what evidence they had against Ruef. In this Ach failed. On the other hand, the prosecution sought to bring out testimony that Ruef had directed Gallagher to suspend Langdon.[114] To this end Heney placed Ruef on the stand. But Judge Seawell stated[115] that he did not at that time wish to go into question of motive and the point was not pressed.
The outcome of the proceedings was a second victory for the prosecution. The injunction against Ruef was granted;[116] Langdon was left in peaceful possession of the District Attorney’s office.[117] Later, Judge Seawell issued a permanent writ of prohibition against the Board of Supervisors restraining that body from removing Langdon from office.
Langdon and his deputies, after a three-weeks fight, were free to proceed with the graft investigation.
CHAPTER IX.
Ruef and Schmitz Indicted.
Within twenty-four hours after organizing, the Grand Jury had begun investigation into graft charges. Tenderloin extortion, especially in connection with the so-called “French Restaurants,” was the first matter taken up. The inquiry involved both Schmitz and Ruef.
The term “French Restaurant” in San Francisco is used in connection with a particular type of assignation house. These establishments contain a restaurant on the ground floor, and sometimes banquet hall and private rooms without assignation accompaniments. The stories overhead are devoted to private supper bedrooms. Some of these assignation places are several stories in height. Before the fire, among the establishments alleged to be “French Restaurants” were Marchand’s, Delmonico’s, the New Poodle Dog, the Bay State and the Pup. The extent of the business conducted by these places is indicated by the testimony of A. B. Blanco, who stated under oath at the graft trials that he had $200,000 invested in the New Poodle Dog, while Joe Malfanti testified that he had about $400,000 invested in Delmonico’s.[118]
French Restaurants had long been a scandal in San Francisco. Toward the close of 1904, the Police Commission, then absolutely under domination of Schmitz and Ruef, gave evidence of proceeding against such places. The commission, as a beginning, revoked the liquor license of a “French Restaurant” known as Tortoni’s. Without a license to sell liquor a “French Restaurant” could not continue in business. These licenses had to be renewed once every three months. The Police Commission had arbitrary power to grant, or to refuse, application for renewal. One by one renewal applications of other French Restaurants were held up. It became a matter of common report that all the “French Restaurants” were to be treated as Tortoni’s had been, namely, driven out of business by having their licenses to sell liquors revoked.
And then Abe Ruef appeared before the Police Commissioners as attorney for the “French Restaurant” keepers.[119] Ruef asked that consideration of the French Restaurant cases be postponed for two weeks. This was accorded him. But his request that during those two weeks the places be permitted to conduct their business as before, namely, that they be allowed to sell liquors in the private supper bedrooms, was denied by a tie vote, two commissioners of the four voting for Ruef and two against him.
Before the two weeks’ extension of time which Ruef had secured had expired, Mayor Schmitz had removed from office one of the commissioners who had opposed[120] Ruef’s request that the sale of liquors in “French Restaurant” bedrooms be continued.
The opposing commissioner out of the way, the board by a vote of two to one, adopted certain rules submitted by Ruef for the management of French Restaurants.[121] By the same vote, the commission then granted the French-Restaurant licenses, action upon which had so long been delayed.
All this was done before the public. There were, of course, charges of graft and extortion, which most people, although without definite proof, believed. Heney, nearly a year later, in his speech in the Partridge campaign, referred to in a previous chapter, charged graft. A Grand Jury had made[122] an honest attempt to get to the bottom of the scandal. The efforts of this early Grand Jury came to nothing.
The Oliver Grand Jury had not been in session a fortnight, however, before the whole miserable story of Ruef’s connection with the French Restaurant cases had been spread before it.
Thomas Regan, who had served as Police Commissioner during the Schmitz administration, testified that as early as the summer of 1904 Schmitz had told him that the “French Restaurants” were bad places and should not be permitted to exist. When Tortoni’s was closed, Schmitz stated to Regan, according to Regan’s testimony, that the French Restaurants were all run alike, and should all be closed. Acting upon the Mayor’s suggestion, the Police Commission ordered the investigation into the methods of the French Restaurants which created such a sensation in San Francisco during the closing months of 1904. Licenses were denied in some cases. In others, hearings of applications for renewals were postponed from time to time. Some proprietors were called upon to show cause why their licenses should not be revoked. Of all of which, Commissioner Regan testified, he kept Mayor Schmitz informed.
The course of the commission threw the keepers of the French Restaurants into a panic. Their attorneys found themselves helpless and could give their clients no encouragement. Marcus Rosenthal, for example, who appeared before the commission on January 3, 1905, on behalf of the Bay State Restaurant, testified at the Schmitz trial, that he was not permitted to say anything; that the commissioners would not listen to him, nor hear testimony. After that meeting he had advised his client, and a little group of “French Restaurant” keepers who had gathered about him, that it would be useless for them to appeal to any court, because under the law there could be no review of the action of the Police Commissioners; that the commission could arbitrarily dispose of any saloon-keeper, and he could not seek remedy in the courts.
And then, having explained the situation fully, Rosenthal told them, what every observer in San Francisco knew, “There is only one man who could help you, and that is Mr. Ruef.”[123] The French Restaurant keepers received this advice from all sides. Joe Malfanti testified at the Schmitz trial that “numerous friends advised me to see Ruef.”
And to Mr. Ruef the “French Restaurant” keepers finally found themselves compelled to go—at the urgent suggestion of a fellow French Restaurant keeper, Jean Loupy.
Loupy was proprietor of the French Restaurant known as the “Pup.” At Loupy’s place Ruef maintained a sort of headquarters. There he took his dinner practically every night, entertained friends and received his henchmen.
Ruef had from time to time acted as Loupy’s attorney. He had also loaned Loupy money. At the time of the French Restaurant troubles, Loupy, according to his testimony, owed Ruef $1000.
When the closing of the French Restaurants seemed inevitable, this Loupy brought word to the French Restaurant proprietors that Ruef would represent them all before the Police Commission for $7000 a year,[124] on a contract for two years. The sum was finally cut to $5000,[125] $10,000 for the two years. For the first year “Marchand’s,” “Delmonico’s,” “The New Poodle Dog” and the “Bay State” paid $1175 each. Loupy for the “Pup,” on the grounds that he had been put to considerable expense and was a poorer man than the others, paid only $300.[126]
The money being paid over to Ruef,[127] Ruef appeared before the Police Commissioners, as has already been told, with his plan for regulating the French Restaurant business in San Francisco.
Ruef’s arrangements with the French Restaurant keepers were concluded during the first week in January. Police Commissioner Regan testified that sometime after January 3, Mayor Schmitz asked him to vote to restore the French Restaurant licenses.[128] Regan objected on the ground that it was not right to ask him to vote first one way and then another. With Commissioners Regan and Hutton voting against issuing the licenses, the licenses could not be granted. Either Hutton or Regan had to change their attitude, or one of them had to be removed from office. Police Commissioner F. F. Poheim testified at the Schmitz trial that at a conference on the French Restaurant problem held early in January, 1905, which he and Schmitz attended, Schmitz announced: “We will have to give these people (the French Restaurant proprietors) their licenses if we can. If we cannot do anything else we will have to remove Hutton.”
And during the week following Ruef’s first appearance before the commissioners as representative of the French Restaurants, Mayor Schmitz removed Hutton.[129] The licenses were then issued to the “French Restaurant” keepers.[130]
Much of the story of these transactions was presented to the Grand Jury. But the evidence was not secured without effort. Many of the witnesses were unfriendly; others afraid of the consequences of frank statement of facts. Witnesses disappeared and could not be found. Several known to have testified were threatened and even assaulted. One French Restaurant keeper, before the investigation had been concluded, had been indicted for perjury. Three attorneys who were more or less in touch with the tenderloin situation had been cited for contempt for refusing to answer questions put to them in the Grand Jury room. But point by point the evidence was presented.
The Grand Jury, on the evidence, indicted Schmitz and Ruef on five counts for extortion.[131] Bonds were fixed at $10,000 on each charge, $50,000 for each defendant.
Ruef[132] was released on $50,000 bail.
Schmitz, the day after the indictments were brought, was reported to have started for home from Europe.
Schmitz’s probable reception on his arrival at New York apparently gave keen anxiety at San Francisco.
Heney states that Justice F. W. Henshaw called at his (Heney’s) office and asked Heney, as a favor, to tell him whether Schmitz would be arrested upon his arrival in New York, as William J. Dingee of the Contra Costa Water Company, wanted to arrange for Schmitz’s bail in New York City. William F. Herrin of the Southern Pacific Company is credited with interesting himself in Schmitz’s behalf in arranging for the bond that was furnished when Schmitz reached San Francisco. Schmitz’s bond was furnished by Dingee and Thomas Williams, president of the New California Jockey Club. The New California Jockey Club operated the notorious Emeryville racing and gambling establishment. Mr. Dingee was at the time one of California’s most prominent capitalists.
CHAPTER X.
Fight to Evade Trial.
The indictments against Schmitz and Ruef were returned November 15. Schmitz reached San Francisco on his return from Europe on November 29.[133] He at once joined with Ruef in the fight to prevent the issue raised by his indictment being presented to a trial jury.
The two defendants were to have been arraigned on December 3, but at their earnest solicitation arraignment[134] was continued until December 6.
On that day the plans of the defendants became apparent. It was seen that they would divide the defense, demanding separate trials; and it was quite as evident that their first move would be an attack upon the validity of the Grand Jury.
Attorneys Frank C. Drew and John J. Barrett appeared for Schmitz, while Ruef was represented by Samuel M. Shortridge and Henry Ach. At the close of the proceedings, Ach asked that subpoenas be issued for the members of the Grand Jury to appear in court the following Monday to testify for the defendants. This meant the examination of the Grand Jurors for bias. The long technical fight to disqualify the Grand Jury had opened.[135]
In the attack upon the Grand Jury, Joseph C. Campbell joined with Schmitz’s attorneys, Drew and Barrett, while Frank J. Murphy and Charles H. Fairall appeared with Shortridge and Ach for Ruef. Ach, in moving to set aside or quash the indictments, stated that the motion was made for Schmitz and Ruef jointly, but that the defendants reserved the right to plead and to be tried separately.
Ach’s motion was based on nineteen counts. The point most insisted upon was that Grand Juror Wallace Wise was disqualified because of his having been on a petty trial jury panel during the current year. Wise, being thus disqualified, Ach argued, the whole indictment failed as much as though the whole nineteen Grand Jurors were disqualified.[136]
Judge Dunne, after a three days’ hearing, swept aside the multitude of technical objections which the various attorneys for the defense had advanced. In particular did he refuse to declare the whole nineteen Grand Jurors disqualified, because of the alleged disqualification of Juror Wise.
The prosecution had gained another point in its fight to bring the defendants to trial on the merits of their cases.
But the attack upon the Grand Jury had scarcely begun. After Judge Dunne’s ruling, the nineteen Grand Jurors were to be put on the stand and examined one by one for bias.[137] The defense went further, and had Rudolph Spreckels up to question him as to his motives in guaranteeing a fund for the investigation of graft conditions.[138] District Attorney Langdon was also placed on the stand to be examined as to his motive in appointing Heney his assistant. He denied most emphatically that he had appointed Heney for the sole purpose of instituting criminal proceedings against Ruef and Schmitz.
The examination of Grand Jurors, prosecutors and citizens lasted from December 17 until January 22. On the last named date, Judge Dunne denied the motion to set aside the indictments for bias. The prosecution had gained another step toward bringing the defendants to trial.
Judge Dunne stated that he was ready to set the cases for trial the next day. But the defendants had another delaying play. They demurred to the indictments. The demurrers were not disposed of until February 18.
In the meantime, the defense had made several complicating moves. The first of these was an application to Judge Graham to have the case against Schmitz transferred from Judge Dunne’s court. At the same time Schmitz surrendered himself to the Sheriff, and applied to the Supreme Court for a writ of habeas corpus, and a writ of prohibition, setting up the points already raised in Judge Dunne’s court against the indictments. The Supreme Court finally decided against Schmitz.
But there remained another way of having the case transferred from Judge Dunne’s court. The law governing changes of venue could be changed by the Legislature. The 1907 Legislature had convened early in January. A measure was introduced in both Senate and Assembly under the terms of which a defendant in a criminal action was permitted to secure a transfer of his case from one court to another by merely filing affidavit of his belief that he could not get fair trial in the court in which his case was pending.[139] The measure was known as the “Change of Venue Bill.” Its chief supporter in the Legislature was George B. Keane.
Keane was not only clerk of the Board of Supervisors, but he was a member of the State Senate representing a San Francisco district. Keane championed the “Change of Venue Bill.”[140] The measure passed the Assembly, but failed of passage in the Senate. Ruef in his efforts to escape trial before Judge Dunne had lost again.
Early in February, when the efforts of Schmitz and Ruef to evade trial were being pressed the hardest, agitation against the Japanese gave Schmitz opportunity not only to absent himself from the State, thus bringing the proceedings so far as they applied to him, to a standstill, but to restore his prestige. Schmitz was quick to avail himself of the situation.
The question of admitting Japanese to California schools was then under consideration at Washington. A request was extended the San Francisco Board of Education, through California Congressmen, that the members of the board go to Washington for conference with the government authorities. Members of the board held consultation with Schmitz, after which word was circulated about the State that in defense of the public schools against the Japanese, Schmitz must, on behalf of San Francisco and California, go to Washington.
A telegram was received from Congressman Julius Kahn, a close supporter of Ruef and Schmitz, who represented a San Francisco district in Congress, stating that “at the request of the President and Secretary of State we ask you to come here immediately for a conference with them and the California delegation.”
Schmitz started for Washington on February 3.[141] He was absent from San Francisco until March 6. He did not, however, as had been predicted, return amid popular acclaim. The outcome of the Washington negotiations was not satisfactory to California. There was popular belief that the Mayor’s mission had failed. At the State line Schmitz received the startling word that Ruef was a fugitive from justice; that Sheriff O’Neil had failed to discover the fugitive’s whereabouts and had been disqualified. During the month of his absence from San Francisco, the Mayor was soon to learn, events of tremendous importance to himself and to his administration had occurred.
CHAPTER XI.
Ruef a Fugitive.
Three months[142] after his indictment in the “French Restaurant” extortion cases—three months of continuous fighting to evade the issue—Ruef found his last technical obstruction, as far as the State courts were concerned, swept away, and was forced to enter his plea to the charge contained in the indictment. He pleaded “not guilty.” His trial was set for March 5.
Up to the day before the date fixed for the trial to begin, nothing had come up to indicate further delay. On March 4, however, Ruef’s bondsmen surrendered him into the custody of the Sheriff. Ruef then applied to Superior Judge J. C. B. Hebbard for a writ of habeas corpus. The application was based on the allegation dealt with in a previous chapter, that Grand Juror Wise was ineligible, because he had been drawn as a trial juror within a year before the impanelment of the Grand Jury of which he was a member. On the ground that Wise was ineligible for Grand Jury service, Ruef’s attorneys contended, their client’s restraint was in violation of the Fifth and Fourteenth amendments to the Federal Constitution, thereby raising a Federal issue and paving the way for appeal to the Federal courts.
In opposing Ruef’s new move, Hiram W. Johnson,[143] who had been employed to assist the District Attorney in the “graft” prosecution, pointed out that the cases named in the petition were pending in a co-ordinate branch of the Superior Court; that they were set for trial the following day; that the points, including the Federal points, had been made subject of extensive arguments before Hebbard’s colleague, Judge Dunne, and in the course of those arguments every question presented in the proceedings had been passed upon.
Ach, representing Ruef, denied that the Federal question had been presented. Johnson insisted that it had. An unfortunate scene followed.[144] Hebbard showed symptoms of intoxication. Johnson, Langdon and Heney finally refused to participate further in the proceedings and walked out of the courtroom.[145] The withdrawal of the District Attorney and his assistants did not delay Judge Hebbard’s decision. He denied the writ Ruef prayed for, but he allowed an appeal from his order to the Supreme Court of the United States, and admitted Ruef to bail pending that appeal.
One of Ruef’s attorneys filed the writ of error issued by Judge Hebbard with the clerk of the Federal Circuit Court. May 2 was set as the date for the appearance on the writ of error before the United States Supreme Court at Washington.[146]
The Aetna Indemnity Company had furnished Ruef’s bond. This company surrendered Ruef to the Sheriff in the forenoon. In the afternoon it furnished the bail that had been imposed by Judge Hebbard.
Ruef, in Hebbard’s order granting him opportunity to take his case to the Federal Courts, had basis for further struggle in the courts to evade trial. But he undertook a new move. After leaving Hebbard’s courtroom on the afternoon of March 4, Ruef dropped out of sight as completely as though the earth had opened and swallowed him.
For three days the regular peace officers of San Francisco searched San Francisco for him but they did not find him. When Ruef’s case was called for trial in Judge Dunne’s department on the morning following the proceedings in Judge Hebbard’s court, Ruef’s attorney, Samuel M. Shortridge, was present, but not the defendant.
Shortridge was in the position of an attorney in court without a client.[147] After a wait of four hours, to give Ruef every opportunity to make his appearance, Heney moved that the bonds of the absent defendant be declared forfeited, specifying the bonds originally given as well as those furnished in the proceedings before Hebbard.
Judge Dunne, in ruling upon Heney’s motion, stated that he was proceeding as though the proceedings before Judge Hebbard had not occurred. Those proceedings, he announced, he felt were under a species of fraud. He ordered Ruef’s original bonds forfeited and took the question of the forfeiture of the bonds in the proceedings before Judge Hebbard under advisement. He considered it his duty, he said, to proceed with the trial of the case until ordered to desist by the Supreme Court or by the Court of Appeals.
Attorney Shortridge announced to Judge Dunne that in proceeding with the hearing he might find himself in contempt of the Supreme Court of the United States. Judge Dunne stated that that would not embarrass him, and in any event, he would not proceed with the matter until the defendant was in court.
The day passed without the defendant’s whereabouts being discovered. Sheriff O’Neil reported that he had been unable to find the fugitive, but expressed his belief that he would be able to do so eventually. With that understanding court adjourned for the day.
The day following, Ruef’s attorneys appealed to the State Appellate Court[148] for a writ of prohibition to prevent Judge Dunne and others from further proceeding against Ruef in the extortion cases, and to show cause why the writ should not be made permanent. Ruef being in hiding, the application was not signed by the petitioner. The Appellate Court, after twenty-four hours, denied the petition. Ruef’s representatives then went before the State Supreme Court with the same representations. And here, again, eventually, Ruef lost.
In the meantime, Ruef had not been found. The day following his disappearance, Judge Dunne disqualified the Sheriff and named the next officer in authoritative sequence in such matters, the Coroner, W. J. Walsh, as elisor, to arrest Ruef and bring him into court.
Coroner Walsh had no better success than had Sheriff O’Neil. Ruef had disappeared on the night of Monday, March 4. On Friday, March 8, after three days of unavailing search by O’Neil and Walsh,[149] Judge Dunne disqualified Walsh and appointed William J. Biggy[150] as elisor to arrest the fugitive.
Within two hours Biggy, accompanied by Detective William J. Burns, had located Ruef at a road-house in the San Francisco suburbs and had placed him under arrest.[151]
Having taken his man,[152] the elisor was at a loss to know what to do with him. To put him in the city prison was to turn him over to the police; to put him in the county jail was to turn him over to the Sheriff. The Chief of Police was even then under indictment with Ruef, a co-defendant; the Sheriff had been disqualified. The only alternative was for Biggy himself to hold Ruef until the court could act. Biggy accordingly secured suitable quarters at the Hotel St. Francis, and there held Ruef a prisoner until the following Monday, when he was taken before Judge Dunne.
Judge Dunne refused to admit Ruef to bail, remanded him to Elisor Biggy’s custody, and continued his trial until the following morning, Tuesday, March 12.
Ruef immediately made application to the Supreme Court for a writ of habeas corpus, asking to be released from the custody of Elisor Biggy and placed in charge of the Sheriff. But here again Ruef was defeated. Elisor Biggy continued his keeper for many months following.
Ruef, after his appeal to the Federal Supreme Court, had exhausted every legal device known to himself and his attorneys to escape trial in the extortion case pending before Judge Dunne.[153] His last recourse gone, Ruef found himself brought face to face with trial before a jury. On March 13 the selecting of jurors to try Ruef began in Judge Dunne’s court.
But events of far greater moment than petty extortion had the attention of San Francisco. Even as Ruef was in hiding, Detective Burns and his assistants had trapped three members of the Board of Supervisors in bribery. This opened up the most fruitful field of the graft prosecution, and immediately the extortion cases became of comparative unimportance. The trapping of the three Supervisors led to confessions from fourteen others, which involved not only Ruef in enormous bribery transactions, but also prominent members of the bar, and leaders in the social, financial and industrial life of California.
CHAPTER XII.
Trapping of the Supervisors.
Months before the Oliver Grand Jury was convened, it was common gossip in San Francisco that the members of the Board of Supervisors were taking money from the public service corporations.[154] Belief of this had got beyond the stage of mere newspaper accusation. It had become the firmly-settled conviction of the law-abiding element of the community. For this reason, as the months wore away in technical wrangling in the “French Restaurant” extortion cases, the public became impatient that time and energy should be expended in comparatively unimportant matters, while big graft went unprobed.
Partisans of the administration took advantage of this sentiment to belittle the prosecution.
Under this sort of hammering, the prosecution, during the months of February and March, 1907, unquestionably lost ground in public opinion.
But with Ruef holding the Supervisors to rigid accounting, and agents of public-service corporations lynx-eyed[155] to detect any weakness in their position, and quick to report with warning and advice to Ruef at any suggestion of danger, Burns and his associates were able to make little headway in securing evidence of big graft that would justify indictment or warrant trial.
The Supervisors looked to Ruef absolutely. Some of them took bribe money from others than himself in spite of his warning, but when they scented a trap they hurried to Ruef for advice.
When he directed them to return the bribe money they promised to do so, and in some cases actually returned it.
Ruef was a competent captain over men who had all confidence in his ability to keep them out of trouble. So long as he was in touch with the Supervisors his position so far as the Supervisors was concerned was almost impregnable. When, however, Ruef was caught in a position where he could no longer consult freely with his men, advise them and reassure them, his organization went to pieces in a wild scramble of every member thereof to save himself.
This occurred when Ruef was placed in the custody of Elisor Biggy.
Ruef fully appreciated this weak point in his position. He realized from the beginning of the Graft Prosecution the danger of members of the Board of Supervisors being trapped in independent bribery, and himself becoming involved through their confessions. Even before his flight from trial in the extortion case, he knew that his fears bade fair to be realized.
Some fortnight before Ruef’s flight, Supervisor Lonergan had been to Ruef with confession of having taken $500 from Golden M. Roy. Roy was proprietor of a well-known cafe and was counted by men in Lonergan’s position as one of the supporters of the administration. But the more astute Ruef at once suspected betrayal. Ruef bluntly informed Lonergan that he had been trapped, directed him to return the money Roy had given him and warned him of the risk he ran in accepting bribes.
Ruef’s fears were well founded. Roy, in his dealings with Lonergan, was acting for Detective William J. Burns.
The trap which Burns had prepared for the eager Lonergan was plausibly baited.
Roy was a restaurant keeper with several side enterprises, among them interests in a skating-rink. An ordinance regulating skating-rinks was pending before the Supervisors. Roy, acting under direction of the District Attorney, approached Lonergan with a statement that he wished the ordinance defeated. Lonergan accordingly met Roy at the skating-rink office. In an adjoining room, placed so they could see and hear, were Detective William J. Burns and two others. From their places of concealment the three men heard the bargain, and saw Roy pay Lonergan $500 to defeat the skating-rink ordinance.
Roy, acting for the District Attorney, then attempted to trap Gallagher. He offered Gallagher $1000 for his work on the skating-rink ordinance. Gallagher refused to take any money and said that Roy was a friend of the administration and it should not cost him anything. Roy urged Gallagher to accept the money, alleging that it came from a pool; that Gallagher was entitled to it; that he, Roy, had given money to several Supervisors already. Gallagher asked him to tell which ones. Roy refused, saying, “You would not expect me to tell on you.”
Gallagher immediately suspected Lonergan and told his suspicions to Wilson, and the two hunted up Lonergan and charged him with getting the money.
Gallagher hurried Lonergan to Ruef much the same as they would have rushed a man showing the symptoms of a deadly malady to a physician. Ruef warned him and advised him. The thoroughly frightened Supervisor assured Ruef that he would be careful in the future, and that he would return the money he had received from Roy.[156]
But even as Ruef was dealing with Lonergan, Supervisor Edward I. Walsh was walking into a trap set in duplication of that into which Lonergan had fallen.
Walsh, at the skating-rink, with the eyes of Burns and others upon him, accepted $500 from Roy—who was working as before under direction of the District Attorney—as the price of his vote on the skating-rink ordinance.
The third Supervisor to fall into the District Attorney’s trap was Dr. Charles Boxton.
Dr. Boxton[157] was a different type from Lonergan and Walsh. He had had the advantage of superior education and training. A specially prepared trap was set for him at Roy’s house. Boxton was introduced into the front room separated from the dining-room by folding doors. The dining-room had been darkened, and the folding doors left slightly ajar. Burns, with his assistants, was concealed in the dining-room, where they could see all that took place in the front room, as well as hear what was said. They saw Roy offer Boxton the money; heard him tell Boxton that the ordinance was to be defeated; saw Boxton take the money.
The trap was to be sprung once more, with Lonergan, for the second time,[158] the victim.
Lonergan, instead of returning the $500 he had accepted in the skating-rink transaction, as he had promised Ruef he would do, accepted an additional $500 from Roy. As before, Burns and his men witnessed the transaction.
Roy had told Lonergan of an ordinance authorizing the establishing of an oil refinery in which Roy claimed to be interested. He promised Lonergan $500 to support the measure. The ordinance had been cleverly prepared, with an acrostic in the title, spelling the word “Fake.”[159] Roy had interested Boxton in the measure as well as Lonergan. Boxton had introduced it at a regular meeting of the Board of Supervisors. On March 7, while Ruef was a fugitive, Lonergan went to Roy’s house to get the money to be paid him for the support of the “Fake” ordinance.
The same arrangements had been made for Lonergan as for Boxton. Burns and his men were concealed in the darkened dining-room; the folding doors were ajar. Lonergan took the money.
“What,” he demanded of Roy, “have you in the next room?” and advanced toward the partially-open folding doors. At that Burns threw the doors open.
“You see,” said Burns, “what he has in there.”
“I want you to arrest this man,” cried Lonergan, indicating Roy. “He bribed a Supervisor.”
“Yes, I saw him do it,” replied Burns. “But you did not tell me to arrest him when he bribed you down at the skating-rink.”
Lonergan at first denied the skating-rink incident, but finally admitted it. Langdon and Heney were sent for, and joined the party at Roy’s house. Lonergan was urged to tell what he knew of graft of the Schmitz-Ruef administration. He finally consented. It was not a long story. Supervisor James L. Gallagher had acted as go-between, Lonergan stated, from Ruef to the Supervisors. From Gallagher, Lonergan testified, he had received $475 to influence his vote in the ordinance granting permits to the organized prize fight promoters to hold fights once a month; $750 to influence his vote in fixing gas rates at 85 cents per thousand instead of 75 cents, as had been pledged in the Union Labor party platform on which he had been elected; $3500 in the matter of granting the Home Telephone Company’s franchise; $4000 for his vote in granting the United Railroads its permit to establish the overhead trolley system. Lonergan stated further that Gallagher had promised him $750, and later $1000, to influence his vote in the matter of passing an ordinance for the sale of a franchise applied for by the Parkside Realty Company, with the “biggest thing yet” to come, when the deal was consummated, by which the city would accept the plans of the Bay Cities Water Company.
In addition to the sums received from Gallagher, Lonergan confessed to receiving $5000 from T. V. Halsey, representing the Pacific States Telephone and Telegraph Company. Halsey had paid Lonergan the money, the Supervisor said, to oppose the granting of a franchise to the Home Telephone Company.
Walsh and Boxton were sent for. On their arrival at Roy’s house they were closely questioned, and urged to confess, but neither would make a statement that night. Boxton insisted that he would admit nothing unless the other Supervisors made statements. But on the following day, March 8, Walsh made a statement under oath to the District Attorney and Heney, in which he confessed to receiving bribes from Gallagher, except in the Home Telephone bribery, in the same amount and under like conditions that Lonergan had stated bribes had been paid him.
Startling as these confessions were, they as a matter of fact involved none but Lonergan, Walsh, Gallagher and Halsey. At no point did they touch Ruef, or Schmitz, or those who had furnished the bribe money. Boxton with Walsh and Lonergan had been trapped in bribery. Two had confessed to receiving money from Gallagher, but even though the third, Boxton, added his confession to theirs, it would not have provided sufficient to convict. The confessions of the three were uncorroborated as to each bribe. The remaining fifteen Supervisors would to a certainty have sworn they voted for the several measures without inducement. With such testimony from the fifteen, no motive could have been shown for Gallagher to bribe Lonergan, Walsh and Boxton; the measures could, with the votes of the fifteen, have been passed without the votes of the three Supervisors trapped. To make out even a fairly good case against Ruef, it was absolutely essential to have Gallagher’s testimony, and in addition thereto, the testimony of a majority of the members of the Board of Supervisors.[160]
The prosecution had made progress in trapping the three Supervisors, and in getting confession out of two of them. But at best it was only an opening wedge. The least slip would have lost all the ground gained. The three trapped Supervisors might be sent to State Prison. Had they been, Schmitz with the fifteen Supervisors remaining would have filled their places by appointment. The situation would then be more difficult for the prosecution than ever.
While the agents of the District Attorney were dealing with the complicated problems which the first break in the line of the graft defense brought upon them, Ruef continued a fugitive. Gallagher, Ruef’s immediate representative, realized the seriousness of the situation. He had no real loyalty for Ruef. His one thought was for Gallagher. He could for the moment see no hope for himself, except in the defeat of the prosecution. He accordingly exerted himself to block Burns, and to prevent the conditions of graft in the Board of Supervisors from becoming public.[161] Supervisor Wilson was assisting him. As encouragement, the anxious Ruef had sent Gallagher word by his sister to remain firm. But the leader was gone; Ruef’s grip was loosened. From Gallagher down to the wretched Lonergan, the Supervisors were thinking of saving themselves alone.
Ruef’s word, sent by his sister to Gallagher, was for Gallagher “to sit on the lid.” Gallagher soon after observed to Wilson that “the lid was getting a little warm”; that he thought he would get in touch with the prosecution to see what could be done with the other side. Wilson assured Gallagher that he considered such a move would be a wise one.
Gallagher’s first definite word that as many as three Supervisors had been trapped reached him through Dr. Boxton’s attorney, H. M. Owens. Owens told Gallagher that Boxton had made full statement of the situation to him and that he was convinced, and so was Boxton, that if Boxton went to trial he would be convicted.
The effect of this information upon Gallagher can be appreciated when it is realized that Gallagher, acting as Ruef’s go-between, had himself paid Boxton money. Owens stated further that the question of giving the Supervisors immunity, provided they made complete confession, had been broached, and the suggestion had been made that Gallagher meet some member of the prosecution to discuss this point. The names of Langdon and Burns were suggested, but Gallagher did not care to meet them. He finally agreed, however, to an appointment with Rudolph Spreckels.
Before the meeting between Gallagher and Spreckels took place, Langdon, Heney, Spreckels and Burns had a conference. It was suggested that Spreckels might indicate to Gallagher that the prosecution would like to have his confession and statement, and that the District Attorney would unquestionably be able to extend to him immunity[162] on the strength of his giving full and free, truthful testimony concerning crimes in which he was involved while acting as a Supervisor in connection with the public service corporations and others.
Three meetings were held between Spreckels and Gallagher before the matter was concluded. The meeting-place was in the grounds of the Presidio, the military reservation at San Francisco.
The first of the three meetings was preliminary only. Spreckels explained to Gallagher the aims and purposes of the prosecution.[163] Gallagher would make no admissions, and indicated that under no circumstances would he consider the District Attorney’s immunity proposition unless all the Supervisors were included within its provisions.
After this preliminary meeting, Spreckels conferred with Langdon and Heney. It was agreed that Gallagher’s testimony was essential. He was, indeed, the pivotal witness. The confessions of Lonergan, Boxton and Walsh showed that he had carried the bribe money from Ruef to the Supervisors. Furthermore, the testimony of a majority of the Supervisors would be necessary. Under the circumstances it was decided that immunity could very properly be extended to all the Supervisors.
This decision Spreckels took back to Gallagher. Gallagher called his leaderless associates together.
By this time it was generally known among the Supervisors that Lonergan, Walsh and Boxton had been trapped, that at least two of them had made statements to the prosecution. Furthermore, there were rumors that other members had been to the prosecution and made confessions.
Gallagher explained the seriousness of the situation.[164] He explained to them the immunity proposition which the prosecution had made, and stated that the matter rested in their hands. He said that he was willing to sacrifice himself, if necessary, but that the whole matter was with them to decide.
Wilson and Boxton urged that the terms offered by the prosecution be accepted.[165]
The Supervisors present were at first divided. Some of them announced that they would take the attitude of denying all graft.
“Very well,” replied Gallagher, “any one who wants to take that attitude will be excused from further discussion.”
But none of the troubled officials left the room.
Boxton stated that he would involve Gallagher in a statement, and that Gallagher would have to testify to all the money transactions he had had with the board. The Supervisors knew, even then, that Gallagher had already been involved by the confessions of Walsh and Lonergan. Under the urging of Gallagher, Wilson and Boxton, they finally decided to make confession.
Ruef was not present at that last secret caucus of the Schmitz-Ruef Board of Supervisors.
Gallagher took back word to Spreckels that he had communicated to the Supervisors the message which Spreckels had delivered to him from the District Attorney, to the effect that immunity would be granted to the Supervisors, provided they would make sworn declaration of the crimes in which they were involved, giving a truthful account of all matters. The Supervisors, Gallagher told Spreckels, had decided to accept the proposition, and would meet the District Attorney for the purpose of making their statements.
Gallagher rather tardily asked immunity for Ruef, but Spreckels stated that he had not discussed this feature with the District Attorney, and that Gallagher would himself have to take the matter up with the authorities directly.
In considering this immunity arrangement with the bribed Supervisors, the fact should not be overlooked that during the five months which had passed since the opening of the graft prosecution, Spreckels and Heney had been meeting officials of the public service corporations involved practically every day at luncheon. But the corporation officials would give no assistance in exposing the corruption which was undermining the community.[166]
CHAPTER XIII.
Confessions of the Supervisors.
The resignation of Supervisor Duffey to take charge of the municipal department of public works, and of Supervisor Wilson[167] to take the office of State Railroad Commissioner, left sixteen members of the elected Schmitz-Ruef Board of Supervisors at the time of the exposures of the graft prosecution. The sixteen, after the surrender at their last secret caucus, made full confession of their participation in the gains of the organized betrayal of the city.
Supervisor Wilson added his confession to the sixteen. Thus, of the eighteen Union Labor party Supervisors elected in 1905, four years after the organization of that party, seventeen[168] confessed to taking money from large combinations of capital, the very interests which the party had been brought into being to oppose. The public service corporations, confronting a party organized primarily to control municipal government to the end that equitable conditions in San Francisco might be guaranteed those who labor, by the simple process of support before election and bribery after election, secured as strong a hold upon the community as their most complete success at the polls could have given.
These large interests, approaching the new order with bribe-money, found politicians operating in the name of organized labor, ostensibly to promote the best interests of labor, to be not at all formidable. And when the exposure came, and the bribe-giving corporation magnates were placed on their defense, their most potent allies in the campaign which they carried on to keep out of the penitentiary, were found in the entrenched leaders of the Union-Labor party.
The Supervisors’ confessions corroborated the statements previously made by Lonergan, Walsh and Boxton.
The bribery transactions to which the seventeen Supervisors confessed, came naturally under two heads:
The first class included the briberies carried on through Ruef, who dealt directly with those who furnished the bribe money. Ruef employed Gallagher as agent to deal with the Supervisors. Thus Gallagher did not come in contact with those who furnished the money, while the Supervisors were removed still further from connection with them. Ruef, on his part, in passing the money, did not come into immediate contact with the Supervisors except in Gallagher’s case. It was bribery reduced to a fine art. In this group of transactions were included the bribery of the Supervisors to grant to the United Railroads its trolley permit; to the Home Telephone Company, its franchise; to the Pacific Gas and Electric Company, an 85-cent gas rate; to the prize fight combine, monopoly of the pugilistic contests in San Francisco. In this class, too, is properly included the Parkside Transit Company, which had, at the time the exposure came, paid Ruef $15,000 to secure a street railroad franchise, with a promise of $15,000 more when the franchise had been actually granted. The Supervisors received nothing in this transaction, but they had been told by Ruef’s agent, Gallagher, there would be, first $750 each for them in the Parkside matter. Later on they were told the sum would be $1000 each.
The second class of bribes included those which were paid directly to the Supervisors. They included the bribes paid by T. V. Halsey, agent of the Pacific States Telephone and Telegraph Company to a majority of the Supervisors to prevent their awarding the Home Telephone Company its franchise. Gallagher did not participate in these bribery transactions, and could only indirectly throw light upon them. But in the other cases Gallagher was the pivotal witness. He received the bribe money from Ruef, and, after taking out his share, he paid the balance to the other Supervisors.
With a wealth of detail, Gallagher told how he had received the money, when and where, and went into the particulars of its distribution among his associates. He had received from Ruef in all, $169,350.[169] Of this, he had retained $27,275 for himself; the balance, $142,075, he had divided among his associates on the board.
This enormous corruption fund which Gallagher divided with the Supervisors had come from four sources. The so-called prize-fight trust had furnished $9,000 of it; the Pacific Gas and Electric Company, $13,350; the Home Telephone Company, $62,000, and the United Railroads, $85,000.
The first money that passed from Ruef to Gallagher and from Gallagher on to the Supervisors, the confessions showed, was for the prize-fight monopoly. This particular bribery seems to have been intended as a trying-out of the several members to ascertain which of them would take money in connection with the discharge of their duties as Supervisors.
Every member of the board accepted the package of bills which Gallagher tendered him. Indeed, several of them displayed surprising alertness to secure all that was their due. Ruef, it became known among them, had given Gallagher $9000, which evenly divided, meant $500 for each of the eighteen Supervisors. But Gallagher gave them only $475 each. An explanation was demanded of him. He stated that he had taken out 5 per cent. as his commission.
So strong was the dissatisfaction created by the holding out of this 5 per cent. that Ruef arranged to pay Gallagher a larger amount than the others received to compensate him, no doubt, for his extra services as bribe-carrier.
The new arrangement for the compensation of Gallagher was followed when the Supervisors were paid after fixing gas rates at 85 cents per thousand cubic feet, instead of 75 cents,[170] the sum pledged in their party platform.
One of the Supervisors, McGushin, refused to break his platform pledge, and held out for the 75-cent rate. In distributing the gas money, Gallagher paid nothing to McGushin.[171]
But to each of the remaining sixteen Supervisors, Gallagher confessed to giving $750. Following the new rule that he was to have extra compensation, Gallagher kept for himself $1350.
At the time of the gas-rate bribery, Supervisor Rea was making it unpleasant for his associates. Mr. Rea had accepted $475 prize-fight money from Gallagher, without, he testified before the Grand Jury, knowing what it was for. A few days later he told Schmitz of the matter. Schmitz contended that no such work was going on. Rea, when he received his $750 in the gas-rate case, went to Schmitz with a statement that money was used to have the gas rate fixed at 85 cents. Rea asked Schmitz what he was to do with the money. He testified before the Grand Jury that Schmitz replied: “You keep quiet. I will let you know.”
That was the last Rea heard from Schmitz on the subject. Rea testified before the Grand Jury that he still had the money Gallagher had paid him in the prize-fight and gas-rate cases.
Rea’s trip to Schmitz seems to have kept him out of the division of the Telephone and the United Railroads money.
The Telephone bribery was somewhat complicated by the fact that rival companies were in the field bidding for Supervisorial favor. It developed that eleven of the Supervisors[172] had accepted from T. V. Halsey, representing the Pacific States Telephone and Telegraph Company, bribes to block the granting of a franchise to the Home Telephone Company. On the other hand, the Home Telephone Company had paid Ruef $125,000[173] to be used in getting favorable action on its application for a franchise. Ruef gave Gallagher $62,000 for the Supervisors. Ruef states that he divided the remainder with Schmitz. In this way, the administration was bribed to grant the Home Telephone franchise, while eleven[174] of the Supervisors, a majority of the board, were bribed not to grant it.
The complications which this created almost disrupted the Ruef-Schmitz combine. The difficulty was threshed out in a Sunday night caucus. Those who had received money from the Pacific States people, with Supervisor Boxton at their head, insisted that the Home franchise should not be granted. On the other hand, Ruef and Schmitz, with the thousands of the Home Company in view, insisted that it should be. Both Ruef and Schmitz warned the Supervisors that they were perhaps at the dividing of the ways.
“Well,” replied Boxton significantly, “if men cannot get a thing through one way they might try and get it through in another.”
Mayor Schmitz demanded of Boxton what he meant by that. “Well,” Boxton replied vaguely but defiantly, “you know there are other ways of reaching the matter.”[175]
But Boxton was unable to prevail against the support which Ruef and Schmitz were giving the Home Telephone Company. Although eleven of the Supervisors had taken money from the Pacific States Company to oppose the granting of a franchise to the rival Home Telephone Company, all but four of those present at the caucus decided to stand by Ruef and Schmitz, and voted in caucus to grant the Home Company its franchise.[176]
The next day, in open board meeting, with Boxton still leading the opposition, the franchise was awarded to the Home Telephone Company.
The division of the money received from the Home Telephone Company people was one of the hardest problems in bribe distribution which Ruef and Gallagher were called upon to face.
The first plan was to pay the Supervisors who had at the last supported the Home Telephone franchise, $3500. At once those Supervisors who had, from the beginning remained faithful to the administration’s support of the Home Company and had refused to accept money from Halsey, pointed out that they would receive $3500 only, while the Supervisors whom Halsey had bribed would get in all $8500; that is to say, $3500 from Gallagher for voting to grant the franchise and $5000 from Halsey not to grant it. It was, those who had remained true contended, inequitable that Supervisors who had been faithful to Ruef and Schmitz from the beginning should receive only $3500; while those who had been temporarily bought away from the administration received $8500.
The “justness” of this contention appealed to all. A compromise was finally arranged, under which those who had stood out to the end against granting the Home franchise, should receive no part of the Home Telephone bribe money; those who had received $5000 from Halsey but finally voted for the Home franchise, were to return $2500 of the $5000 to Halsey, and receive $3500 from Gallagher, making the total of the telephone bribe money for each $6000; those who had received nothing from Halsey were each to be allowed $6000 of the Home Telephone money. In this way each Supervisor who had voted for the Home franchise would get $6000 for his vote. In the case of four of the Supervisors the entire $6000 came from the Home Company. Gallagher, too, was one of this class, all his compensation being Home Telephone money. But Gallagher received $10,000. Eight of the Supervisors had received money from Halsey, and yet voted to give the Home Company its franchise. These received $3500 Home Company money from Gallagher and were allowed to keep $2500 of the Pacific States Telephone and Telegraph Company money that Halsey had given them. Thus the Pacific States was forced to pay the Supervisors part of the bribe money they received for granting its rival a franchise. Incidentally, some of the Supervisors did not return half the $5000 to Halsey. But this is a phase of the ethics of bribery upon which it is unnecessary to touch.
Ruef regarded this unique discipline of the Pacific States as just punishment for its offense of trying to buy his Supervisors away from him.[177]
Following the telephone bribery, came that of the United Railroads to secure the much-opposed over-head trolley permit. On account of this permit, Gallagher testified, Ruef had given him $85,000 to be distributed among the Supervisors.
Of this $85,000, Gallagher kept $15,000 for himself, gave Wilson $10,000,[178] and to each of the other Supervisors with the exception of Rea,[179] $4000.
Gallagher’s testimony relative to the offer of a bribe in the matter of the Parkside Realty Company franchise was quite as explicit. He swore that Ruef had stated to him there ought to be $750 for each Supervisor in this. Later on, with a change in the proposed route,[180] Ruef had told Gallagher that the amount would be $1000 to each Supervisor. Gallagher had conveyed this information to the Supervisors. At the time of Ruef’s flight, arrest and the attending breaking up of his organization, the Supervisors were impatiently waiting for this money to be paid.[181]
One by one, sixteen of Gallagher’s associates went before the District Attorney and made full confession. In every detail they bore out Gallagher’s statements. When they had done, the District Attorney had statements from seventeen[182] of the eighteen Supervisors, that they had received large sums of bribe money to influence their votes in matters in which public service corporations were concerned; he knew the purposes for which the bribe money had been paid; he had a statement from Gallagher, corroborated at many points by the testimony of the other Supervisors, that the money had been furnished by Ruef. Ruef’s testimony would bring the bribery transactions directly to the doors of those who had bribed. This testimony could have been had, had the prosecution agreed to give Ruef complete immunity.
Ruef was a prisoner in charge of an elisor. He knew that the Supervisors had confessed. In an agony of indecision he sent for Gallagher and Wilson to learn from them all that had occurred.[183] They told him that full statements had been made to the District Attorney. Ruef complained that Gallagher should have tried to get into touch with him before making statements. To which Gallagher replied that such a course would have been impossible.[184] Both Gallagher and Wilson advised Ruef to make terms with the District Attorney. Ruef replied that he would think it over. Little came of the conference. The statements of the two Supervisors, however, must have shown Ruef how thorough the undoing of his organization had been, and how hopeless was his own case. But Ruef, sparring for time, and pleading for complete immunity, did not make immediate confession and, as a matter of fact has not, up to the present writing, told the full story of his connection with the public service corporations.[185]
After the confessions of the Supervisors, the District Attorney left Ruef to himself and hastened the Supervisors before the Grand Jury, where they repeated their miserable stories.[186]
And then the Grand Jury took up the task of tracing the bribe money from those who had received it, to those who had paid it.
CHAPTER XIV.
The Source of the Bribe Money.
After the confessions of the Supervisors, the Grand Jurors had definite, detailed knowledge of the corruption of the Union-Labor party administration. The Grand Jurors knew:
(1) That bribes aggregating over $200,000 had been paid the Supervisors.
(2) That of this large amount, $169,350 passed from Ruef to Gallagher and by Gallagher had been divided among members of the board. The balance, the evidence showed, had been paid to the Supervisors direct by T. V. Halsey of the Pacific States Telephone Company.
(3) The amount of each bribe; the circumstances under which it was paid; even the character of the currency used in the transaction.
(4) The names of the corporations benefited by the bribery transactions, as well as the character of the special privileges which their money had bought.
With the exception of the Home Telephone Company, the names of the directors of these benefiting corporations were readily obtainable.[187]
With this data before them, the Grand Jurors proceeded to trace the source of the bribe money.
Naturally, men who had long held places of respectability in the community were slow to admit having given Ruef vast sums, even under the transparent subterfuge of paying him attorney’s fees.[188] Some of them, when haled before the Grand Jury, testified reluctantly, and only under the closest questioning. Others frankly stood upon their constitutional rights, and with pitiful attempt to smooth out with studied phrases the harshness of the only acceptable reason for their refusal, declined to testify on the ground that their testimony would tend to incriminate them.
Nevertheless, the Grand Jury succeeded in wringing from the officials of the several corporations involved, damaging admissions; admissions, in fact, quite as startling as had been the confessions of the Supervisors. The refusal of some of those not unreasonably under suspicion, to testify was, too, quite as significant.
In the matter of the bribery of the Supervisors by T. V. Halsey, agent of the Pacific States Telephone and Telegraph Company, the Grand Jury had information that eleven Supervisors had been paid over $50,000 to oppose the granting of a franchise to the Home Telephone Company. A majority of the payments were made in an unfurnished suite of three rooms in the Mills Building. Frank Drum, a director of the company, admitted having engaged the rooms at Halsey’s request. E. J. Zimmer, auditor for the company, testified that Halsey held the position of General Agent of the company. Halsey’s duties, the testimony showed, were assigned him by Louis Glass, vice-president and general manager, and for a time acting president of the company. Halsey, under the company’s organization, reported to Glass. Zimmer testified that Halsey could not spend the company’s money except on the proper approval of the executive officer of the company. From October, 1905, when President Sabin of the company died, until February, 1906, when Henry T. Scott, Sabin’s successor, was elected, Glass acted as president and as executive officer. He had, according to Auditor Zimmer, authority to approve expenditures made by Halsey. After Scott’s elevation to the presidency, either Glass or Scott could have approved such expenditures. Zimmer testified further to giving Halsey, at Glass’s order,[189] as high as $10,000 at a time. Halsey[190] gave no vouchers for these large sums; they did not appear on the books;[191] they were carried on tags.
Zimmer stated that he did not know for what the funds were used; had merely followed out Glass’s instruction, and given Halsey the money.
The testimony of Thomas Sherwin threw some light upon the bookkeeping methods followed. Sherwin had been traveling auditor for the American Bell Telephone Company, which concern owned 51 per cent. of the stock of the Pacific States Telephone and Telegraph Company. Later he took Zimmer’s place as auditor of the Pacific States Company.
Mr. Sherwin admitted that some of Mr. Halsey’s “special expenses,” at least, were finally charged to the company’s legal department.[192]
Passing from the investigation of the bribery transactions of the Pacific States Telephone and Telegraph Company to the activities of the Home Telephone Company, the Grand Jury examined prominent business men of Los Angeles as well as of San Francisco.
The plan of operation followed by the capitalists behind this enterprise was to organize a construction company, whose part was to establish the plants, put them into operation and turn them over to the operating companies, taking their pay in the securities of the local operating company. Thus, at San Francisco, the Empire Construction Company played an important part in the Home Telephone Company enterprise.
As Heney put it, the Empire Construction Company received the most benefit from the granting of the Home Telephone franchise. The Empire Construction Company furnished at least part of the money that went into the fusion campaign fund in 1905. Investigation showed that 25 per cent. of the stock of the Empire Construction Company belonged to men who were in the construction solely, while 75 per cent. was in the hands of men who were financing the enterprise. This last block of stock at the time of the investigation was divided among James H. Adams and Thomas W. Phillips of the Adams-Phillips Company, A. B. Cass, Gerald S. Torrance and A. K. Detweiler. Detweiler could not be found. Adams, Cass and Torrance, after answering some of the questions put to them, availed themselves of their constitutional privilege, and refused to make further answers. The books of the Adams-Phillips Company disappeared and employees of that company undertook to evade answering questions regarding the disappearance, on the ground that they might incriminate themselves. But a sharp order from the Superior Court brought out their testimony. However, none of them gave testimony that led to the discovery of the missing volumes.
But the general trend of the testimony went to show that the responsible agent for the Empire Construction Company and the Home Telephone Company in San Francisco was A. K. Detweiler. The testimony showed Detweiler to have been at Ruef’s office in consultation with Ruef and Supervisor Gallagher; he was active in every move that was made on behalf of the Empire Construction Company and of the Home Telephone Company in San Francisco, and had the disbursing of the funds.
Incidentally, through the testimony of Dr. Fred Butterfield, a representative of Adolphus Busch, the brewer, the Grand Jury learned that a third telephone company, the United States Independent, seeking a franchise to do business in San Francisco, would have bid for the franchise which the Home Company received, had not the franchise been so worded that only the telephone system controlled by the Home people could be operated under it. Butterfield stated that his company, made up of responsible capitalists, considered the franchise worth something over a million dollars, and was prepared to bid up to a million dollars, if necessary, to get it. The Home Company paid San Francisco $25,000 for the franchise. Butterfield testified that his company had intended to invest $4,500,000 in the San Francisco enterprise, and that Ruef knew of the extent of the company’s plans. With such testimony, the assertions of Ruef’s partisans that opposition to the Ruef-Schmitz administration retarded development of the community compare curiously.[193]
The Grand Jury could not secure the attendance of Mr. Detweiler, for about the time of the investigation Mr. Detweiler mysteriously disappeared. The investigation into the affairs of the Home Company had, therefore, to be concluded without Mr. Detweiler’s testimony.
Following the policy of the stockholders of the Empire Construction Company, the officials of the United Railroads refused to testify. President Patrick Calhoun[194] and Thornwell Mullally, assistant to the president, when given opportunity to state their side of the case under oath, stood upon their constitutional rights, and declined to give evidence that might incriminate them.[195] They were accordingly excused from the Grand Jury room.
But the employees of the company did not escape so easily. When, for example, George Francis, William M. Abbott, George B. Willcutt and Celia McDermott refused to answer questions put to them in the Grand Jury room, they were haled before the Superior Court, where they were informed that they must testify.
In spite of the hostility of these witnesses, the prosecution succeeded in securing a wealth of data regarding $200,000 which passed into the hands of Tirey L. Ford and, according to the theory of the prosecution, from Ford to Ruef.
The prosecution established the fact that two days before Mayor Schmitz signed the trolley permit, that is to say, on May 22, 1906, Patrick Calhoun, as president of the United Railroads, received by telegraphic transfer from the East to the United States Mint at San Francisco, $200,000.[196] Two days later, the day the trolley permit was signed, President Calhoun took Ford to the Mint and instructed Superintendent of the Mint Leach to give Ford $50,000 of the $200,000. Ford told Leach that he wanted currency. The currency was finally secured by exchanging gold for bills at the Mint headquarters of the relief work then being carried on in San Francisco. These bills, it was shown, were all in small denominations, having been sent to San Francisco from all parts of the country by individual subscribers to the relief fund.
This money was taken away from the Mint, the testimony showed, by Ford and William M. Abbott.
Soon after, Ruef loaned Supervisor Rea[197] $3500. By a curious trick of fate Rea had leased a piece of property from Rudolph Spreckels. In payment on this lease he used the money that Ruef had loaned him. This money was all in bills of small denominations. Late in July Ruef gave Gallagher $45,000, all in bills of small denominations, as partial settlement with the Supervisors for granting the trolley permit. Gallagher gave Wilson of this money $5000, and the other Supervisors with the exception of Rea $2000 each. They all understood that it was because of the trolley franchise deal. The balance Gallagher retained for himself.
The confessing Supervisors, with the exception of Wilson and Rea, testified that their first payment on account of the trolley permit was $2000 each, in bills of small denominations. Wilson testified to having received $5000.
Later, Ford, making two trips to the Mint, drew out the $150,000 balance of the $200,000 that had been telegraphed to Calhoun’s credit. As before, the Mint paid him in gold, and as before, Ford exchanged the gold for currency. But instead of getting bills of small denomination, on the two trips which Ford made for that $150,000, he secured fifty and one hundred-dollar bills.
On the day that Ford drew the last of that $200,000 from the Mint, an agent in the employ of the prosecution followed Ruef from his office to the car barns in which Ford’s office was then located. A few days later Ruef gave Gallagher $40,000 in fifty and one hundred-dollar bills, the greater part of which Gallagher distributed among the Supervisors as second and final payment on account of the granting of the trolley permit.
In the Parkside deal, the Grand Jury had little difficulty in tracing the money involved. William H. Crocker,[198] a capitalist of large affairs, who owned the largest interest in the company, showed astonishing ignorance of the management. The Grand Jury learned little from him.
But those interested in the enterprise with Crocker not only told how half the money was paid Ruef, but how the books had been manipulated to conceal the payment.
Ruef, according to the testimony of officials of the company, had first demanded $50,000 as price for his employment to put the franchise through, but had finally agreed to take $30,000. This amount, officials of the company testified, was provided by drawing two checks, one in favor of H. P. Umbsen and the second in the name of Douglass S. Watson, secretary of the Parkside Company. Umbsen and Watson thereupon deeded to the Parkside Company two parcels of land. The transaction was then charged to the purchase of property.[199] The property was deeded back to Umbsen and Watson at the same time, but these last deeds were not immediately recorded.
Watson cashed the checks at the Crocker-Woolworth Bank, of which William H. Crocker was president. He testified that he received currency for them.
The $30,000 he took to G. H. Umbsen. Half the $30,000 Umbsen paid Ruef.
At the time of the exposure, Umbsen[200] testified he was withholding the second payment until the franchise should be put through.[201]
In the gas-rate case, the Grand Jury found that the corporation that would, in the final analysis, benefit by the increase in gas rates, was the Pacific Gas and Electric Company. The four responsible men in this company were found to be N. W. Halsey, John Martin, Eugene de Sabla and Frank G. Drum. Halsey was out of the State for the greater part of the time and Cyrus Bierce, acting as treasurer of the corporation, looked after his interests. This narrowed the responsibility down to de Sabla, Martin and Drum.
De Sabla testified before the Grand Jury that Ruef was not, to his knowledge, at any time on the pay roll of the company. Martin swore that he knew of no money that had been expended in connection with the fixing of the gas rates, and expressed himself as being as surprised as anyone at the confessions of the Supervisors to having received money after the gas rates had been fixed. Later, after Ruef had plead guilty to extortion, both de Sabla and Martin refused to testify further before the Grand Jury.[202]
Mr. Frank G. Drum, when called before the Grand Jury, stated that he had had no conversation with Ruef in reference to the fixing of the gas rates.[203] But later Ruef told the Grand Jury that the money which he had turned over to Gallagher in the gas-rate transaction had come from Drum.[204]
The first to be indicted because of these transactions was Ruef. Sixty-five indictments were on March 20 returned against him. Eighteen were based upon the bribing of Supervisors in the so-called fight trust matter; seventeen upon the bribing of Supervisors in fixing the gas rates; thirteen upon the bribing of Supervisors in the matter of the sale of the Home Telephone Company franchise; seventeen in the matter of granting the over-head trolley permit.
On the same day, ten indictments were returned against Theodore V. Halsey, of the Pacific States Telephone and Telegraph Company, for the bribery of Supervisors to prevent the sale of a franchise to a competing telephone company. A number of indictments were found against A. K. Detweiler, for bribing Supervisors in the matter of the sale of the Home Telephone franchise. The Detweiler indictments, thirteen in number, were based upon payments of money by Ruef to Gallagher, and by Gallagher to different members of the board. On March 23, the Grand Jury returned nine indictments against Louis Glass, vice-president of the Pacific States Telephone and Telegraph Company, based upon the bribing, through Halsey, of Supervisors to prevent the granting of a competing telephone franchise.
During the two months that followed, the Grand Jury continued at the steady grind of graft investigation. Finally, on May 24, one additional indictment[205] was brought against Halsey and two against Glass. On that date, fourteen indictments were returned against Patrick Calhoun, Thornwell Mullally, Tirey L. Ford, William M. Abbott,[206] Abraham Ruef and Mayor E. E. Schmitz, indicted jointly, for the bribery in connection with the granting of the over-head trolley permit.
The day following, May 25, G. H. Umbsen, J. E. Green, W. I. Brobeck and Abraham Ruef were jointly indicted fourteen times on charges of offering a bribe to fourteen Supervisors in the Parkside franchise matter. The same day, fourteen indictments were returned against Frank G. Drum, Abraham Ruef, Eugene E. Schmitz, Eugene de Sabla and John Martin on charges of giving and offering bribes to fourteen Supervisors in the matter of fixing the gas rates.
Still another series of graft indictments were to be found. Three prize-fight promoters, W. Britt, “Eddie” Graney and “Jimmie” Coffroth were, on nine counts, indicted jointly with Schmitz and Ruef for bribery in connection with the awarding to them of virtually a monopoly of the promotion of prize fighting in San Francisco.
CHAPTER XV.
Ruef Pleads Guilty to Extortion.[207]
While the Supervisors were making full confessions of their participation in the bribery transactions, and the Grand Jury was dragging from unwilling promoters, capitalists and corporation employees information as to the source of the corruption funds, Ruef’s days and nights were devoted to consideration of plans for his own safety. Ruef, after his arrest and confinement under Elisor Biggy, became one of the scramblers of his broken organization to save himself.
But Ruef was more clever, more far-seeing than any of the Supervisors. His course from the beginning indicates that, in considering confession, he carefully weighed against the power of the regularly constituted authorities of San Francisco to protect him if he testified for the State, the ability of organized corruptionists to punish for betrayal. Ruef realized that although the all-powerful State “machine,” labeled Republican, of which the San Francisco organization labeled Union Labor, which he had built up, was but a part, had for the moment lost control of the San Francisco District Attorney’s office, but the “machine” still dominated the other departments of the municipal government, as well as of the State government[208]. Ruef realized that Langdon might die; that the State Attorney General might set Langdon aside and himself conduct the graft prosecution. And he realized that some day a district attorney other than Langdon would be prosecutor in San Francisco. In any of these events, what would be the lot of the man who had betrayed the scarcely-known captains of the powerful machine?
On the other hand, the hour when the evidence which the District Attorney had accumulated against him would be presented before a trial jury, approached with deadly certainty.
Such considerations led to Ruef devoting his days to resistance of the proceeding against him in the trial court, where a jury to try him on one of the five extortion charges on which he had been indicted, was being impaneled, while his nights were given to scheming to wring from the District Attorney immunity from punishment for the extortions and briberies which had been brought to his door.
The period was one of activity for both District Attorney and Ruef. On the whole, however, the District Attorney had the liveliest time of it.
To be sure, Ruef had been brought before the trial judge; that is to say, the impaneling of a trial jury had begun, but Ruef’s technical fight had not been abandoned for a moment.
The appearance of Ruef under arrest was signal for a fight to have him admitted to bail. But release under bonds Judge Dunne denied him on the ground of the immediate approach of his trial, and because he had attempted to put himself beyond the process of the court. Ruef’s attorneys appealed to the United States District Court for a writ of habeas corpus, but this was denied them. His attorneys filed affidavits alleging bias and prejudice on the part of Judge Dunne against Ruef, and demanding a change of venue. And with these various motions, all of which the District Attorney was called upon to meet, was the appeal from Judge Hebbard’s order to the Federal Supreme Court, which was considered in a previous chapter.
The actual work of drawing a jury to try Ruef began on March 13,[209] eight days later than the date originally set for trial. The State was represented by District Attorney Langdon, Francis J. Heney and Hiram W. Johnson. At the defense end of the table with Schmitz and Ruef were Attorneys Joseph C. Campbell, Samuel M. Shortridge, Henry Ach, Charles A. Fairall and J. J. Barrett. But it developed that one of the four citizens drawn for jury service was not in the courtroom. The defense objected to proceeding during the absence of the venireman. The hearing was accordingly postponed. Because of one technical obstruction and another, the work of impaneling the trial jury was delayed until April 2. Even after that date there were interruptions, but the work of securing the jury[210] went on until May 13, when the twelfth man to try Ruef was accepted.
But while Ruef was making this brave fight in public to head off trial on the extortion charge, behind the scenes he was imploring representatives of the Prosecution to grant him immunity from punishment in return for such confession as he might see fit to make.
As early as March 20, Ruef sent word to Heney through Burns[211] that he was willing to make confession, provided he were given immunity from punishment for all crimes which he had committed or in which he had participated.
Heney refused absolutely to consider any arrangement which involved complete immunity for Ruef. Negotiations on the basis of partial immunity followed.[212]
Heney, on the ground that he did not trust any of Ruef’s lawyers, refused to discuss the matter with them, but stated that he would meet any lawyer in whom he had confidence to negotiate terms of partial immunity, provided that Ruef’s representative were permitted:
(1) To give the names of Ruef’s accomplices who would be involved by his testimony.
(2) To give the general nature of the offenses in which the various accomplices were involved.
(3) To be prepared to assure Heney that Ruef’s evidence against his accomplices could be corroborated, and was sufficient to sustain a conviction.
Ruef at first appeared to be well satisfied with the plan. He sent for a list of San Francisco attorneys, and set himself enthusiastically to the work of selecting a list of the names of attorneys to be submitted to Heney. But he failed to make a selection, urging all the time to Burns that Heney accept Henry Ach. Ruef’s insistence that he deal with Ach convinced Heney that Ruef was not acting in good faith, and he refused to yield to Burns’s urging that he give way to Ruef in this particular and accept Ach as Ruef’s representative.[213]
Under Ruef’s temporizing, negotiations dragged until April 2, the day that, Ruef’s technical obstructions in the main set aside, his trial was to be resumed before Judge Dunne.
On that day, a new actor appeared in the person of Dr. Jacob Nieto, a Jewish Rabbi of some prominence in San Francisco.
Nieto, according to Burns’s statement to Heney, asked the detective if he had any objection to his (Nieto’s) calling upon Ruef. Nieto stated further that he believed that he could get Ruef to confess, and volunteered the theory that the “higher-ups” were endeavoring to make Ruef a scapegoat for all the boodling that had been committed.
Burns reported to Heney that he not only replied to Nieto that he had no objection to Nieto’s visiting Ruef, but would be glad to have the Rabbi endeavor to get Ruef to tell the truth.
When Burns told Heney of this conversation, Heney did not show himself so well pleased with the arrangements as Burns might have expected. The prosecutor took occasion to warn Burns against Nieto. Heney had already had unpleasant experience with Rabbi Nieto.[214] Nevertheless, Nieto visited Ruef. Members of Ruef’s family were called into consultation. Conferences were held between Ach, Ruef and Burns. Heney states in his affidavit that he did not attend these meetings. Finally Burns brought Heney word that Ach and Ruef wanted citations to show that the District Attorney had authority to grant immunity. Heney sent back word that he was confident that the District Attorney had no such power, but with the further statement that if the terms of the immunity agreement were reasonable and in the interest of justice, that the Court, provided it had confidence in the District Attorney, would unquestionably follow such recommendation as that official might make.
Burns brought back word to Heney that Ruef and Ach continued to insist upon complete immunity.
Heney sent back an ultimatum to the effect that Ruef must plead guilty to the extortion case then on trial before Judge Dunne[215] and take his chances with the sentence that would be given him; that if Ruef did this, Heney was willing to arrange for complete immunity in all the other cases, provided Ruef showed to Heney’s satisfaction that his testimony could be sufficiently corroborated and would sustain a conviction of his accomplices other than Supervisors, in cases where members of the Board of Supervisors had been bribed.
In the meantime, the work of selecting a jury to try Ruef on the extortion charge was going on with the deadly certainty of the slide of the knife of a guillotine. The second week of the examination of prospective jurors brought Dr. Nieto to Heney’s office. Burns accompanied the Rabbi.
Nieto[216] described himself as no particular friend of Ruef. He expressed the opinion that Ruef should be punished; that he should restore his ill-gotten gains. Heney stated to Nieto his attitude toward Ruef, as he had expressed it many times before. From that time on Dr. Nieto was a frequent caller at Heney’s office, always for the purpose of discussing the question of Ruef’s confession. During all these meetings Heney did not depart a jot from his original position that the extortion charge against Ruef should not be dismissed.
Later on, a second Rabbi, Dr. Bernard M. Kaplan, joined Nieto in these visits to Heney’s office. Kaplan continued active in the negotiations to secure immunity for the fallen boss.[217] Finally Nieto, Kaplan and Ach sent word to Heney and Langdon by Burns that they desired to meet the District Attorney and his assistant at Heney’s office to discuss the immunity question. Heney and Langdon consented and the meeting was held in the latter part of April.
Ach insisted upon complete immunity, but admitted that he had advised Ruef to take the best he could get.[218] Neither Langdon[219] nor Heney would consent to complete immunity, nor to material change in the stand which Heney had taken. Ach wanted assurance that the Judges before whom the bribery cases were pending would, on motion of the District Attorney, dismiss them as to Ruef, and suggested to Heney that he go to the judges and get them to consent to the proposed agreement. To this Heney made emphatic refusal, stating that the utmost he would do would be to go with Ach to Judges Dunne and Lawlor and ask each of them whether he had confidence in him (Heney) and what the Judge’s general practice was in relation to matters of this kind, generally, when they came before his court.
Other conferences[220] were held, at which Ach continued to urge complete immunity for Ruef, which finally brought out emphatic statement from Heney that he did not trust Ruef and would enter into no agreement with him which did not leave it in the power of the District Attorney to send him to the penitentiary if at any time the District Attorney and himself concluded that during the progress of the matters Ruef was acting in bad faith, or that the information which he might give was not of sufficient importance to the people of the city and the State equitably to entitle him to go without punishment.
Heney takes pains all through his affidavit to make it clear that he treated with Nieto and Kaplan at all times upon the theory that they were Ruef’s special pleaders and special representatives, who believed that Ruef was sure to be convicted upon as many of the felony bribery charges as the District Attorney tried him on, and that he would go to the penitentiary for a term of years equivalent to life.
On the night of April 21,[221] when the work of selecting a jury to try Ruef was nearing completion, Ach, Kaplan and Nieto visited Heney’s office with assurance that Ruef had about concluded to accept Heney’s terms. But, they explained, a new difficulty had come up. Rabbi Nieto was to leave San Francisco the next morning for a trip to Europe. Neither he nor Dr. Kaplan was familiar with the practices of the courts, and while the judges would no doubt consider favorably any recommendation which was made by Mr. Langdon or by Mr. Heney, nevertheless, the two Rabbis would like to hear from Judge Dunne and Judge Lawlor statement as to what the practice of each of these judges was in that respect before they urged Ruef any further to accept the terms which had been offered him. As Dr. Nieto was to leave for Europe early in the morning, they wanted to see the judges that night.
Heney assured his visitors that owing to the lateness of the hour, he was afraid it would be impossible for them to see the judges before morning. But they insisted. Burns was finally sent out to find the judges if he could. He succeeded in locating Judge Lawlor at the theater. Judge Lawlor at first refused to see Nieto and Heney that night, stating that they could appear at his chambers the next morning. But Burns explained that Nieto had to leave for Europe the next morning, adding that he was sure that both Nieto and Heney would consider it a great favor if the Judge would see them that night, as the matter was very important. Lawlor finally consented to see them, but stated that he would do so only at his chambers, if, as he understood it, Heney and Nieto wanted to see him about his duties as judge. Burns took word back to Heney’s office that they could go to Judge Lawlor’s chambers, where the Judge would go as soon as the theater was over.
Heney, Kaplan and Nieto met Lawlor at his chambers. Heney went straight at the purpose of the meeting.
“Judge,” Heney sets forth in his affidavit he said in substance, “we come up here tonight to ask you what the practice of your court is in criminal cases in relation to recommendations which may be made by the District Attorney?”
Judge Lawlor replied in effect that the District Attorney represents the public in the prosecution of crime, and that under the law it was the practice for that official to submit to the court recommendations concerning persons who turn state’s evidence; that the law vests the authority in the Court to determine all such recommendations and that it is proper for the District Attorney to make them; that such recommendations should be carefully considered by the Court; and if they are in the interests of justice they should be followed, otherwise not. Judge Lawlor stated further that he would not consider or discuss any cause or case of any individual except upon a full hearing in open court, and that it would be determined alone upon what was so presented. Final decision, he said, would in every case rest with the Court, and if the application was in the interest of justice, it would be granted, but if not it would be denied.
Immediately after having made this statement Judge Lawlor excused himself and left the building.
Judge Dunne, when finally found by Burns, objected as strongly as had Judge Lawlor to going to the courtroom that night, but finally yielded to the same representations as had been made to Judge Lawlor.
All parties at the meeting with Judge Dunne at the courtroom were agreed and the incident was quickly over.
Heney asked the Judge, in effect, to state for the benefit of Nieto and Kaplan the practice of his court in criminal matters in relation to any recommendations which may be made by the District Attorney’s office in the interest of justice when the defendant becomes a witness on behalf of the State against his accomplices. Heney stated further that the two Rabbis would also like to know whether or not Judge Dunne had confidence in District Attorney Langdon and himself.
Judge Dunne replied in substance: “I have confidence in you, Mr. Heney, and in the District Attorney, and while I have confidence in the District Attorney, whenever a recommendation or suggestion is made by him in a case pending in my department, it is my practice to entertain and be guided by it, provided, of course, it is in the interest or furtherance of justice.”
Kaplan wanted to know what the course would be should a man plead guilty and afterwards ask to change his plea.
“You have heard what I have said, gentlemen, as to my practice,” replied Judge Dunne. “Of course, in all cases of such recommendations, and which I insist shall always be made in open court, whenever the District Attorney fails to convince me that he is well advised, or that good and sufficient grounds exist for his motions, it must be remembered that the final determination must always rest with me. But, of course, I would give great weight to any recommendation either you, Mr. Heney, or Mr. Langdon might make.”
From the courtroom Nieto, Kaplan and Burns went to Ruef, but Ruef still insisted that he should not plead guilty to the extortion charge, “backed and filled,” as Burns expressed it.
Ruef sent word to Heney by Burns, asking an interview. But this Heney refused to grant, bluntly stating that should he meet Ruef, Ruef would misrepresent anything that he might say. Heney instructed Burns to tell Ruef that he could accept the proposition that he had made to him or let it alone as he pleased, that no more time would be wasted on him; that trial of the extortion charge would be pressed to conclusion and regardless of whether conviction were had or not, Ruef would be tried immediately on one of the bribery charges.
Nevertheless, the persistent Ruef got an interview with Heney. He secured it in this way:
After Heney had retired on the night of May 1st, Burns called him up on the telephone, to state that if Heney would give Ruef a moment’s interview that Burns was confident that Ruef would accept Heney’s proposition. Heney granted the hearing.
Ruef plead for complete immunity. He argued that for him to plead guilty to the extortion charge would weaken his testimony in the bribery cases. He urged that public opinion would approve his release. He charged Heney with being prejudiced against him.
Heney listened to him patiently, but refused to consider any suggestion that he alter the original proposition.
By this time ten jurors had been secured to try Ruef. Ruef begged for an interview with Langdon. It was granted, with Heney and others present. The same ground was gone over again; the same denials made. And then Heney bluntly told Ruef in substance: “You must plead guilty in case No. 305 and take your chances on the sentence which will be imposed in that case. This is our ultimatum and you must agree to this before the first witness is sworn in case No. 305, or we will withdraw our proposition and will never again renew it, or any other proposition looking to any sort of leniency or immunity for you.”[222]
The day following, Burns brought word to Heney that Ruef had concluded to accept the Prosecution’s proposition, and had begun his confession by reciting the particulars of the United Railroad’s bribery. Burns recited what Ruef had told him. Burns’s enthusiasm suffered a shock from Heney’s cool analysis of Ruef’s statement.[223]
Heney pointed out that Ruef had made no revelation which the Prosecution had not known before, and further that Ruef was certainly concealing part at least of what had occurred between him and General Ford. Heney was now convinced of Ruef’s treachery.[224] Ruef’s future course tended to strengthen this conviction.
Having agreed to make full statement of his connection with the bribing of the Supervisors, Ruef haggled over the form of immunity contract. He endeavored to force upon the Prosecution a contract of his own drawing. Failing in that he tried to persuade Heney and Langdon to enter into a stipulation that he might withdraw his plea of guilty in the extortion case.
In neither move was he successful. Heney refused to depart a jot from his original proposition. Ruef finally accepted the immunity contract which Heney had submitted.[225]
Even after the immunity contract had been signed, Ruef continued to urge Burns that he be not required to plead guilty. The prosecution was not sure what Ruef would do. The examination of jurors to try him went on. The jury was completed on May 13,[226] and was sworn. But the actual taking of testimony was delayed by Ruef demanding change of venue from Judge Dunne’s court. This motion after the filing of numerous affidavits by both sides, was denied.
However, Ruef’s last motion delayed the taking of testimony for two days more.
Upon Judge Dunne’s ruling the next move would have been the placing of witnesses on the stand. But before this could be done, Ruef whispered to his attorney, Ach. Ach arose and addressed the Court.
“I am requested by our client, your Honor,” Ach said in substance, “that it is his desire to have a conference with his counsel. I would like to draw your Honor’s attention to the fact that up to this time Mr. Ruef has not had a single opportunity to confer with his counsel alone. If the elisor, or the guards, were not in the same room they were quite close by. I think, in view of this fact, that we might be granted an adjournment until say two o’clock of this afternoon so that Mr. Ruef may have this privilege of conferring with us.”
Heney promptly denied Ach’s statement. “What Mr. Ach has stated is not a fact,” said Heney. “Mr. Ruef has always been granted privacy in his conference with counsel.”
On Langdon’s suggestion, a half hour’s recess was granted to allow Ruef to confer with counsel. With his attorneys, Henry Ach, Samuel M. Shortridge, Frank J. Murphy and Judge Fairall, Ruef went into Judge Dunne’s chambers for conference.
On their return to the courtroom, Ach and Shortridge, with Ruef’s consent, withdrew from the case on the ground that they could not agree with Ruef as to the manner in which the case should be conducted. Fairall and Murphy remained by their client.
And then Ruef, the tears streaming down his face, addressed the Court. He stated his intent to acknowledge whatever there may have been of wrong or mistake in his record, and pledged himself, so far as it lay in his power to make it right.[227]
“I desire,” concluded Ruef, “to withdraw my plea of not guilty heretofore entered, and to enter the contrary plea, and at the proper time submit to the Court further suggestions for its consideration.[228]
“If the defendant wishes to change his plea of ‘not guilty’ to ‘guilty,’” said Heney, “the prosecuting attorney will consent to the discharge of the jury, as he requests, but we think the indictment should first be re-read so that he may enter the plea as he wishes.”
The indictment was read.
“What is your plea?” asked Judge Dunne of the prisoner.
And Ruef replied, “Guilty.”[229]
CHAPTER XVI.
Schmitz Convicted of Extortion.
One week after Ruef had plead guilty to the charge of extortion, his co-defendant, Mayor Eugene E. Schmitz, indicted jointly with Ruef, was brought to trial, under indictment No. 305, to which Ruef had entered his plea of guilty.
Hiram W. Johnson and J. J. Dwyer appeared with Heney and Langdon for the Prosecution. The defense was represented by the firm of Campbell, Metson & Drew, assisted by John J. Barrett and Charles Fairall, all prominent at the San Francisco bar.
The preliminaries were not unlike those of the Ruef trial, which, at the point where testimony would have been taken, was stopped by Ruef’s plea of guilty. There were the same allegations of bias, the same attempts to secure change of venue, the same appeals to the higher courts in habeas corpus proceedings. But these moves availed Schmitz as little as they had Ruef. Point by point the upper courts found against the indicted Mayor; step by step he was dragged to proceedings before a trial jury.
The selection of the jury occupied two weeks. But with the swearing of the twelfth juror, Schmitz did not stop proceedings with tearful confession and a plea of guilty. Doggedly the troubled Mayor let the trial go on. The Prosecution called its witnesses to the stand.
One by one Schmitz’s former associates as well as the restaurant men from whom, through Ruef, he had received money, took the stand and told the sordid story of the corruption of the Schmitz-Ruef administration.
The specific charge under which Schmitz was tried was that of extortion from Joseph Malfanti, Charles Kelb and William Lafrenz, proprietors of Delmonico’s Restaurant, of $1,175. The sum was Delmonico’s share of the $5,000 paid to Ruef in 1905, by the French-restaurant keepers to prevent the liquor licenses, without which their establishments could not be successfully conducted, being taken from them.
The testimony showed:
(1) That Schmitz had used his power as Mayor over the Police Commissioners to compel them in the first instance, to withhold French-restaurant liquor licenses, and that later in the latter part of January, 1905, he had exerted himself as actively and effectively to have the licenses granted, even removing from office Police Commissioner Hutton, who was standing out against the French restaurants.
(2) That attorneys, appearing before the Police Commissioners, to present the claims of the French-restaurant keepers for licenses, were unable to secure a hearing. One of these testified to having advised his client, and other French-restaurant keepers that “there is only one man who can help you, and that is Mr. Ruef.”
(3) That a French-restaurant keeper who owed Ruef money, and at whose establishment Ruef had his headquarters, approached his fellow French-restaurant keepers and told them that for $7,000 a year Ruef would represent them and keep them secure in their business for two years. The $7,000 demand was finally reduced to $5,000, $10,000 for the two years.
(4) That the French-restaurant keepers raised $8,000 of the $10,000 demanded, and sent it to Ruef, $5,000 the first year and $3,000 the next.
(5) That Ruef refused to receive anything but currency, would give no receipt for the money, and would deal with one man only.
(6) That Ruef claimed to receive the money as a fee from the “French Restaurant Keepers’ Association,” but that no such association existed in San Francisco.
(7) That after the French-restaurant keepers had satisfied Ruef, Ruef appeared for them before the Police Commissioners and, after Commissioner Hutton had been removed from office by Mayor Schmitz, secured for them their licenses.[230]
Having established its case thus far, the Prosecution rested.
The move was unlooked for. Ruef was known to have confessed; it had been confidently expected that he would be placed on the stand to answer the question, in whatever form it could be forced into the record: Did you divide the money which you received from the French-restaurant keepers with Mayor Schmitz?
But Ruef was not put on the stand. The public marveled, but those behind the scenes knew that Ruef was not the willing witness for the Prosecution that the public thought.
Ruef had confessed to Heney that he had given half the $8,000 which he had received from the French-restaurant keepers to Mayor Schmitz. But Heney, having trapped Ruef in deception, had very good reason for being distrustful of him.
Ruef, forever seeking to justify himself, had told Heney that he had refused to appear before the Police Commissioners on behalf of the French-restaurant keepers, until the San Francisco Bulletin had challenged him to dare represent them, and claim the money he received from them was a fee. Ruef insisted that the Bulletin’s challenge led him to take the case.
In this Heney trapped Ruef in his trickery.
Ruef’s purported contract with the mythical “French Restaurant Keepers’ Association,” under which the French restaurant keepers had paid him $8000, bore date of January 6. Ruef insisted to Heney that January 6 was the true date upon which the contract was signed. The oral agreement had been made January 5. Heney then confronted Ruef with files of the Bulletin which showed that the Bulletin had not mentioned Ruef as appearing on behalf of the French-restaurant keepers until January 7. This was one day after Ruef had signed the purported contract with the mythical French Restaurant Keepers’ Association.
A stormy scene between Ruef and Heney followed this exposure.[231] Heney charged Ruef with falsehood and deception, and declared the immunity agreement canceled. Heney then ordered Ruef from the room, and did not, until long after the Schmitz trial had closed, have conversation with him again.
When Schmitz’s trial opened, District Attorney Langdon, Hiram Johnson, all the rest of Heney’s associates, urged that Ruef be put on the stand, insisting that the case would be greatly strengthened if it could be proved by Ruef that Schmitz had received half the extortion money.
Heney conceded the strength of this contention, but held, on the other hand, that Ruef would lie so much about other things that he would do more harm than good to the case. Personally, Heney insisted, he wanted nothing to do with him.
Thus, in making his opening statement to the jury in the Schmitz case, Heney refrained from stating that he expected to prove Schmitz received any part of the money which had been paid to Ruef.
But of the break between Heney and Ruef, the public knew nothing. San Francisco looked to see Ruef put on the stand. When the Prosecution rested without calling this supposedly star witness, even the Defense was taken by surprise and had to ask continuance until the following day before calling witnesses.
Schmitz took the stand in his own behalf. He denied the statements which his former Police Commissioners had made against him. The Mayor’s story of denial was soon told. Heney, on cross-examination asked:
“Did Ruef pay you any part of the $5,000 that has been testified he received from the French restaurants?” and Schmitz replied: “I didn’t know that Mr. Ruef got any $5,000, nor did I receive any part of it.”[232]
And then, in detail, Schmitz denied that he had received any money from Ruef, or had had any conversation with him regarding a “fee” which Ruef had received from the French-restaurant keepers.
In rebuttal, Ruef was called to the stand.[233] “Did you,” questioned Heney, “in January or February, 1905, in this City and County of San Francisco, at the house of Eugene E. Schmitz, the defendant, at number 2849 Fillmore street, give to Eugene E. Schmitz any money, and if so how much, and in what kind of money?”
“I did,” answered Ruef, “$2500 in currency.”
“Did you, then and there, tell him,” pursued Heney, “that it was his share of the money you had received from the five French-restaurant keepers?” “I didn’t say to him,” replied Ruef, “that it was his share of the money which I had received from the French restaurants. I did say to him that I had received from the French restaurants the sum of $5,000, and that if he would accept half of it I should be glad to give it to him. Thereupon I gave it to him.”
Ruef testified further to paying Schmitz $1500 early in 1906, half of the second payment made to him by the French-restaurant keepers.
The jurors before whom Mayor Schmitz was tried took one ballot only. They found the defendant guilty of extortion as charged in the indictment.
Following the verdict, Schmitz, who eighteen months before had, for the third time been elected Mayor of San Francisco, was, as a convicted felon, confined in the county jail.[234]
CHAPTER XVII.
Schmitz Ousted From Office.
The confession of the Supervisors to bribery had no sooner become known than angling for control of the municipal government under its prospective reorganization began.[235]
The public-service corporation that had during the 1905 municipal campaign contributed to the campaign funds of both the Union Labor party and the opposing “Reform” fusion organization, had no care as to who reorganized, or in what name the reorganization was accomplished, so long as they continued in control. These corporations had larger interest in public affairs than ever; there was prospect of their officials being indicted for felonies. But so long as Schmitz continued to be Mayor, neither those who aimed to reorganize for the best interests of San Francisco, nor those who were plotting to continue the old order with new men, in the interests of the corporations, could act. The old order controlled Schmitz; the opposition, having whipped confessions out of the Supervisors, controlled the board. Neither element could undertake reorganization until in control of both Mayor’s office and Supervisors.
This deadlock was brought about by charter provisions empowering the Board of Supervisors to fill vacancies occurring in the mayoralty office, and providing that the Mayor shall fill vacancies on the Board of Supervisors.
Had Mayor Schmitz resigned, the Supervisors, controlled by District Attorney Langdon, would have elected his successor. This would have given the Prosecution the Mayor as well as the Supervisors. On the other hand, had the Supervisors resigned, then Mayor Schmitz would have appointed as their successors men in accord with him and with his policies. Schmitz could then have resigned and the Supervisors of his appointment would have named his successor. This would have permitted the corrupt element to continue the old order in defiance of the Prosecution. Thus, so long as Schmitz held the office of Mayor, the Prosecution, laboring for good government, could not permit the bribe-taking Supervisors to resign. On the other hand, those who had furnished the bribe money did not dare permit Schmitz to give up his office.
In this astonishing situation, that bribe-givers might not gain the upper hand, it was necessary that the sixteen confessed bribe-taking Supervisors should continue in the offices which they had betrayed, so long as Schmitz’s power to appoint their successors continued.[236]
There were, too, further complications. The Prosecution could and did secure the discharge from municipal positions of Ruef’s satellites who held their places under the Board of Supervisors. Thus, soon after the Supervisors had confessed, Charles Keane,[237] Clerk of the Board, was forced from his position. On the other hand, the old-time Schmitz-Ruef followers who owed their appointments to the Mayor, continued secure in their jobs. Thus, former Supervisor Duffey, appointed by Schmitz to head the Board of Public Works, continued in that position, although involved by Gallagher in Gallagher’s confession of the bribery transactions.
The Chief of Police held office under the appointment of the Board of Police Commissioners. But Schmitz controlled the commissioners. The chief had been indicted with Schmitz and Ruef. The city was clamoring for his removal. But in spite of protests, Schmitz’s influence kept the indicted chief in his place at the head of the police department.[238] The situation could not but cause confusion. To the average man on the street, the Supervisors had confessed to bribery. Why, then, were they permitted to remain an hour in office? Why were they not indicted, placed on their defense and sent to the penitentiary?
The graft defense naturally took advantage of this sentiment. “Government by the big stick,” as the hold of the District Attorney’s office over the Supervisors was called, was condemned and ridiculed. One heard, however, little reference to the hold of the beneficiaries of the Ruef administration upon the Mayor’s office. From all sides the Prosecution was importuned to oust the “boodle Supervisors.” But the fact that a “boodle Mayor” would then appoint their successors was not given such wide publicity.
In addition to the complications in the municipal government, due to the Schmitz faction’s dogged resistance to the Prosecution, combined with the unqualified yielding of the Supervisors and the partial confession of Ruef, San Francisco was in a condition of confusion and discord.
At the time Ruef entered his plea of guilty to extortion, a year had passed since the great fire of 1906. Thousands were still living in shacks erected in the ruins of the old city. The principal business streets were littered with building materials. There had come the depression following the activity of rehabilitation and the pouring into San Francisco of millions of insurance money. Titles to real property were confused if not in doubt, much of the records having been destroyed in the fire. Thousands found themselves forced into court to establish their titles. A little later, the community was to suffer a visitation of bubonic plague. There were many authentic plague cases and some deaths. For months the city was in dread of quarantine.
There were labor disturbances which for weeks at a time paralyzed industry. At one period between 7,000 and 10,000 iron-trades workers were out on strike. At the time Schmitz was finally convicted of extortion the telephone girls had been on strike since May 3rd. This alone threw the complex organization of a modern city into extraordinary confusion. The linemen struck. On June 21, telegraph operators in San Francisco and Oakland left their keys.
But by far the most serious labor disturbance was the strike of the street-car conductors and motormen. For weeks the entire street-car system was paralyzed. The first attempt to move a car resulted in riot in which one man was killed outright and twenty-six wounded. A number of the wounded died.
President Calhoun of the United Railroads rejected all offers to compromise, announcing his intention to break the Street Carmen’s Union. He succeeded; in the end the union was broken and scattered, but at frightful cost to Mr. Calhoun’s company and to San Francisco.
During the strike of the carmen the city was filled with gunfighters and thugs admittedly in the employ of the United Railroads. Indeed, there was no attempt made to disguise the fact that the United Railroads had brought them into the city. Clashes between the two factions were of daily occurrence.
Aside from horse-drawn vehicles which had been pressed into service, street transportation was, for a considerable period, practically at an end. The inability of the people to go from place to place paralyzed industry and business. Merchants, hotel keepers, manufacturers, all suffered. There were many failures. Citizens in all walks of life implored Mr. Calhoun to arbitrate his difference with his men. He refused absolutely.[239] Henry T. Scott, president of the Pacific States Telephone and Telegraph Company, as doggedly refused to submit to arbitration the questions involved in the telephone girls’ strike.
The police seemed utterly unable to deal with the situation, Governor Gillett threatened to call out the militia, and companies at Los Angeles were actually directed to be in readiness to enter San Francisco. But this move was finally abandoned. And through it all, President Calhoun refusing to arbitrate or to compromise, issued numerous proclamations[240] in which he intimated that the Graft Prosecution had brought on the trouble which confronted San Francisco. The Prosecution’s object, Mr. Calhoun held, was to injure him and his railroad company. In this connection, it may be said, that during the searching investigation of the graft trials, not one word of testimony was produced to indicate basis for Mr. Calhoun’s insinuations and open charges that the carmen’s strike was part of a plot to injure him and his company.[241] On the contrary, the strike might have been averted had the United Railroads adopted a more tactful policy in dealing with its men. And, in addition to this, a more conciliatory attitude on the part of President Calhoun would, during the progress of the strike, have brought it to a close at any time. The fact remains, too, that during the 1907 municipal campaign, which opened even while the United Railroads was crushing the carmen’s union, the support of the United Railroads went to the Union Labor party candidate for District Attorney. Heading the Union Labor party ticket was P. H. McCarthy, one of the strongest opponents of the Graft Prosecution, and at the same time ardent backer of the striking carmen.
The efforts of the United Railroads to crush the carmen’s union, while at the same time exerting itself to elect the Union Labor party candidate for District Attorney, indicates the confusion that existed in San Francisco following the confessions of the Supervisors and the revelations made by Ruef. And the efforts of the various factions to seize the municipal government increased this confusion materially.
The day following Ruef’s confession, a committee of businessmen, representing the Merchants’ Association, the Board of Trade, the Chamber of Commerce, the Manufacturers’ and Producers’ Association and the Merchants’ Exchange waited upon Spreckels and Heney to enlist the co-operation of the Prosecution in restoring normal conditions. The committee—called the Committee of Seven because of its numbers—[242] already had the endorsement of Mayor Schmitz. The Chronicle, which acted from the start in the capacity of special pleader for this committee, announced in startling headlines in its issue of May 18, that “Mayor Schmitz practically turns reins of government over to citizens. Committee of Seven may run this city.”[243]
“With the exception of the administration of merely routine affairs,” said the Chronicle of that date, “the committee, by Mayor Schmitz’s written agreement, is to all intents and purposes, the Mayor of San Francisco.”
Governor James N. Gillett[244] was reported to be heartily in accord with the committee’s purposes. Finally, in an editorial article, the Chronicle announced that “the public looks to this committee to restore the good name of the city, and to the prosecuting authorities to stand solidly behind them while they do it.”
But in spite of the Chronicle’s insistence, the public gave no evidence of spontaneous outburst in favor of the committee. Instead, there was a general turning to the leaders of the Prosecution to note their attitude. The Prosecution gave no evidence of enthusiastic support; quite the contrary. “The District Attorney,” announced Langdon, “will not act with any committee that is named by Mayor Schmitz to take charge of the government of San Francisco.”
After several conferences with the committee, Rudolph Spreckels refused to join with it on the ground that it had placed itself in a position “to directly or indirectly accomplish results very much desired by Calhoun, Herrin and the coterie who are inimical to the Prosecution.” Mr. Spreckels also expressed his belief that a majority of the committee were sincere men who went on the committee with proper motives, but, Spreckels suggested, “if this committee really has its origin in an honest motive, I do not see why it cannot act on its own volition. I do not see the necessity of this committee demanding that I co-operate with it. If its members want to have a change in the municipal offices and the members of the various municipal commissions, let them go ahead and outline their own programme. I have no desire to dictate who shall constitute the membership of the various city offices. I started out in this graft prosecution to bring all guilty municipal officials to the bar of justice and have them punished. That is my single motive. I have no ulterior designs in this matter regardless of whatever anyone may say to the contrary.”[245]
In spite of the Chronicle’s statement that the public looked to the Prosecution to stand solidly behind the committee, and the protestations of Governor Gillett, the public was content to accept the judgment of Mr. Langdon, Mr. Spreckels and Mr. Heney as final. Without popular demand for it, there was nothing for the committee to do but resign. And it did resign.[246]
The resignation of the Committee of Seven brought from Governor Gillett a statement urging the appointment of “a strong governing body to take charge of affairs.”[247] Acting upon the Governor’s suggested plan, the five commercial bodies decided upon the appointment of a committee of seventy-five, or, as the Chronicle, mouthpiece for the advocates of this course, put it, “Seventy-five prominent citizens are to be appointed to restore order.” The Chronicle went on to say that “It is understood that Mayor Schmitz is ready to agree to act in accordance with the recommendations of the new committee as he did when the Committee of Seven was formed. He would be glad, it is believed, to have the assistance of such a body of men in meeting some of the conditions which he has to face.”[248]
At the time (May 29) of the publication of the Chronicle’s belief that Mayor Schmitz would be glad to have the assistance of such a body of men as had been proposed, the Mayor’s trial was drawing to its close. A fortnight later he was convicted of one of the gravest felonies that can be charged against an executive. Mayor Schmitz’s conviction brought complete change in the situation. It made possible the ousting of the entire corrupt administration. In the ousting, the commercial bodies, as well as the representative labor union organizations, were given opportunity to co-operate. The refusal of the majority of them to participate threw the obligation upon the District Attorney’s office.
When the Jury returned its verdict finding Mayor Schmitz guilty of felony, District Attorney Langdon found himself in an extraordinary position. Upon him, as District Attorney, fell the responsibility of naming the chief executive of San Francisco to succeed the discredited Mayor.
There was no question about a vacancy existing in the Mayor’s office. Under the California laws, a vacancy in office exists upon conviction of the incumbent of felony. The courts had held repeatedly that a jury’s verdict of guilty in a felony case carries conviction.
A vacancy, therefore, existed in the Mayor’s office. Under the municipal charter the Supervisors alone were empowered to fill it. But sixteen of the Supervisors, having confessed to felonies, were taking no steps without the approval of the District Attorney. They would name for Mayor, him whom the District Attorney approved and no other. Naturally, Langdon consulted those associated with him in the Graft Prosecution. No better earnest of the sincerity and disinterestedness of Langdon and those who were assisting him is furnished than in this crisis. They had it within their power to select first Mayor and then Supervisors who would be utterly subservient to them. Instead, they proposed a plan by which representative associations were given opportunity to reorganize the municipal government by naming Mayor Schmitz’s successor.
Nor was there any hasty action. The office of Mayor was not declared vacant until after Schmitz had been sentenced to the penitentiary. But Schmitz was in the county jail and incompetent to act. It was of immediate necessity that a temporary successor be substituted. Until this were done, San Francisco would be without a chief executive. To meet the emergency, the Supervisors named Supervisor Gallagher to be acting Mayor.[249]
After the sentencing of Schmitz the rapidly developing situation made it necessary that the convicted official’s office be declared vacant and his successor appointed. But the successor had not been named, nor had plans for the change in administration been formulated.[250] In this further emergency, it was decided to name one of the Supervisors to be Mayor to serve until a permanent successor of Mayor Schmitz could be named. The unhappy Boxton[251] was decided upon. The Supervisors, by resolution, definitely declared the office of Mayor vacant and elected Supervisor Boxton to be Mayor.
On the day that Boxton was named Mayor of San Francisco, District Attorney Langdon made public a plan for a convention to select a Mayor to serve until the successor of Mayor Schmitz could be elected and qualified. Mr. Langdon proposed that the convention should be made up of thirty members, fifteen to be appointed by organized labor and fifteen by the organized commercial bodies. On the side of Labor were apportioned eight delegates to the Labor Council and seven to the Building Trades Council. The five commercial bodies, the Chamber of Commerce, Merchants’ Association, Board of Trade, Real Estate Board and Merchants’ Exchange, were allowed three delegates each. That the convention might proceed in its choice unhampered, the District Attorney pledged that he and his associates would wholly refrain from participation after the convention had assembled.[252]
But this did not suit the several factions at all. Admittedly, the Prosecution could name the Mayor. Each faction wanted its man named, and while there remained a chance for its man to be named, did not care to see the extraordinary power in the hands of the District Attorney delegated to the uncertainties of a convention.
In the scramble for advantage, the self-control and self-forgetting attitude of the members of the Prosecution, instead of exciting admiration, was condemned. The Examiner, referring to Langdon’s associates, for example, announced: “Their failure to agree on anyone has led to some alarm for fear their divergent political ambitions are making each of them endeavor to secure a place for his personal puppet.” Had the Prosecution named the Examiner’s “personal puppet,” this particular source of criticism would undoubtedly have been silenced and the Examiner’s vilification and abuse of the Prosecution during the years that followed averted. What is true of the Examiner in this regard is true of the other institutions and interests which, in this crisis of the city’s history, were clamoring for “recognition.”[253] District Attorney Langdon’s plan, on the whole, was not received in the spirit in which it was offered.
The Building Trades Council, under the influence of P. H. McCarthy and O. A. Tveitmoe, promptly rejected the District Attorney’s proposal and refused to name delegates.[254] This action influenced the Labor Council, which, on the ground that in the absence of delegates from the Building Trades Council the Labor Council representatives might be outvoted, refused to participate.
Of the five commercial bodies, the Real Estate Board alone promptly accepted the District Attorney’s invitation. The board named its three delegates and so notified the District Attorney.
The Merchants’ Exchange demanded that the number of delegates be increased from thirty to forty-five by the addition of fifteen professional men, and proposed that the convention name a new Board of Supervisors as well as Mayor.[255]
The Board of Trade refused to co-operate unless the delegates be increased in number by the addition of “professional men and others.”
The Chamber of Commerce and the Merchants’ Association finally accepted, but stipulated that a two-thirds vote of the thirty delegates should be required for a choice.
The failure of the several organizations to join in the selection of a Mayor, made it necessary for Langdon himself to proceed with the reorganization. All that Langdon and his associates required was that the new executive should be independent of political control and free of the influence of those public-service corporations that had been trapped in bribe-giving. It was also the aim of the Prosecutor to name as Mayor one whose standing was such that none could be so unfair as to charge him with being in the slightest degree under the influence of the Prosecution.
Langdon and his associates agreed that Dr. John Gallwey was independent of corrupting influences and to Dr. Gallwey the appointment was offered. But Dr. Gallwey declined to accept the responsibilities of the Mayor’s office on the ground that he could not afford to devote his time to the duties of the office to the extent that would be required in order to conduct it properly, and on the further ground that he could be of more service to humanity in the practice of medicine than in the discharge of the duties of Mayor.
The place was then offered to Ralph Harrison, a former member of the Supreme Bench. But Judge Harrison declined on the ground that he thought the duties of the office, under the conditions existing[256] would be too onerous for him to undertake at his time of life.
Dr. Edward R. Taylor,[257] dean of the Hastings College of Law, was then consulted. Dr. Taylor agreed to accept the position. In tendering Dr. Taylor the mayoralty, the Prosecution left him entirely free to conduct the office according to his own judgment. He was assured that no one connected with the Prosecution would expect or ask him to be guided or controlled or influenced in any way by all or any of them.
Boxton, after Taylor had agreed to serve, resigned his office. The Supervisors then elected Dr. Taylor to fill the vacancy.[258]
The next step in the reorganization of the municipal government was the resignation of the sixteen Supervisors who had confessed to bribery and the appointment of their successors. When Mayor Taylor[259] had found sixteen representative citizens willing to serve, the change was made. One by one the discredited officials resigned their positions. After each resignation had been accepted Mayor Taylor named the resigning member’s successor.[260]
The scene was as painful as it was extraordinary. When it was over, the Schmitz-Ruef administration, so far as the legislative and executive branches were concerned, had passed.
CHAPTER XVIII.
The Real Fight Begins.
Nine months after Heney assumed his duties as Assistant District Attorney, Mayor Taylor named the successors of the Ruef-Schmitz Board of Supervisors.
In those nine months much had been accomplished. Ruef had plead guilty to extortion and had made partial confession of his relations with the public-service corporations. The Schmitz-Ruef Supervisors had made full and free confession, and had been removed from office. Mayor Schmitz had been convicted of extortion, ousted from office, and pending his appeal to the upper courts was confined in the county jail. The back of the Schmitz-Ruef political organization was broken, and its forces scattered.
Had the Prosecution stopped here, the men whose devotion and self-sacrifice had made the undoing of the corrupt administration possible, would have retired with nothing more serious confronting them than the condemnation of the impotent puppets of large interests whom they had brought to grief. But those behind the Prosecution were not content to leave their work at a point where the regeneration of San Francisco had scarcely begun. They proposed to go to the bottom of the graft scandal. It was not sufficient, they held, to punish poor men who were without friends or influence, while their rich and powerful associates went unpunished. The bribe-taking Supervisors might be put in the penitentiary, but other bribe-taking Supervisors would eventually take their places. Ruef, punished by imprisonment, would serve as an example for political bosses that would cause them to hesitate for long before embarking in corrupt enterprises such as had brought the discredited boss to grief. This would make it hard for bribe-giving corporations to secure agents for bribe-passing, and make bribe-giving correspondingly difficult. But the conviction of high corporation officials, responsible for the bribe-giving of public-service corporations, was regarded as more important than all, for this would demonstrate bribe-giving to be unsafe, and check the practice at its very fountain-head. Such conviction, the Prosecution held, would have greater deterrent effect against bribery of public officials than the confinement of 500 bribe-taking Supervisors in the penitentiary.[261]
“I would be willing,” Rudolph Spreckels testified at the Calhoun trial, “to grant immunity to any man who would bring to bar a man of great wealth who would debauch a city government, and who would use his wealth to corrupt individuals and tempt men of no means to commit crime in order that he might make more money.”
Such was the stand taken by District Attorney Langdon and his associates. The announced policy of the Prosecution, therefore, included the prosecution of the bribe-giver to the end. In pursuing this policy, Mr. Langdon and his associates aroused the astonishingly effective opposition of interests representing hundreds of millions of capital. Every indictment of capitalist charged with bribe-giving was signal for a new group of financial leaders, their satellites, beneficiaries and dependents, to array themselves on the side of the graft defense.[262]
With every indictment came a new group of attorneys to raise technical objections to the proceedings, all of which the attorneys for the Prosecution were obliged to meet.
The first attack was upon the validity of the Grand Jury. The attorneys for Ruef and Schmitz had apparently exhausted every point that could be raised for the disqualification of the Grand Jurors, but this did not prevent the heads of corporations who found themselves under indictment making similar attacks. And between them, in this new move to quash the indictments, the defendants enlisted the ablest members of the California bar.[263]
In this new opposition an astonishing number of technical points were raised by one or the other of the groups of defending lawyers. Nothing was overlooked.
Just before the principal indictments were brought, for example, the San Francisco merchants had given a banquet to celebrate the progress which San Francisco had made during the first year following the fire.[264] Langdon and Heney were given places of honor. They were the heroes of the occasion. Every reference to their work was signal for tremendous demonstration. There was no suggestion then that the pursuit of criminals would “hurt business.”
“A severe earthquake,” observed Frank J. Symmes, president of the Merchants’ Association, “is a serious misfortune, and a great conflagration a great trial, and each awake the sympathy of the Nation, but a corrupt government is at once a crime and a disgrace and brings no sympathy.”
“We foresee,” said Bishop William Ford Nichols, another of the speakers of the evening, “the greater San Francisco. We mean to make it fairer to the eye. But how about making it better? Size and sin may go together. Rehabilitated buildings may house debilitated character.”
A month later, after indictments had been brought against some of the most prominent business men of the city, word went out that steps would be taken to disqualify every member of the Grand Jury who had attended that merchants’ banquet.
The Grand Jurors were again called to the witness stand and put through a grilling to determine whether or not they were biased. Rudolph Spreckels was under examination for hours in efforts to show that his motives in backing the Prosecution were bad.[265]
Every step of the proceedings at the organization of the Grand Jury was scrutinized. The question of the method of employing the stenographer to the Grand Jury was made subject of hours of argument. If she were irregularly employed, it was held, she was an unauthorized person in the Grand Jury room and her unwarranted presence sufficient to invalidate the indictments. Garret McEnerney, representing Eugene de Sabla, Jr., Frank Drum and John Martin, whose indictments grew out of the bribery of the Supervisors to fix the gas rate at 85 cents per 1000 cubic feet instead of 75 cents, was the first to raise this question. But attorneys for other defendants took it up and seriously considered it as valid objection to the sufficiency of the indictments. A further point was raised by several of the defendants that the stenographer had not been properly sworn. The question was seriously debated, whether she had looked at Prosecutor Heney or Foreman Oliver at the moment she was sworn to secrecy.[266]
Another point was brought up by the defendants in the United Railroads bribery case, that inasmuch as the defendants Calhoun, Mullally and Ford, had been called to the Grand Jury room and compelled to fall back upon their constitutional rights to avoid testifying, that they had been placed in a prejudicial position before the Grand Jury, which constituted reversible error.[267] Another objection was that the Grand Jury box had been destroyed in the great fire of 1906, and that no order had come from any department of the Superior Court ordering its restoration. Again, it was asserted, that Grand Juror James E. Gordan was a member of the Grand Jury panel of 1906, while the other Grand Jurors were chosen from the 1907 list. Indictments brought by a Grand Jury thus constituted were claimed to be without effect.
Had any one of these and many other similar objections been sustained, all indictments against the graft defendants would have been invalidated. Every objection had to be met. Days and weeks were spent by the District Attorney’s office in meeting, or preparing to meet objections which to the layman appear trifling and ridiculous.
In the midst of this technical fight to have the indictments against them set aside, the graft defendants received aid from an unlooked-for source. Sympathizers with the United Railroads conductors and motormen, then on strike, whose union Patrick Calhoun was at the time endeavoring to crush—and finally did crush—started an independent attack upon the Grand Jury.
Four union sympathizers had been indicted in connection with street riots. Their attorneys, before Superior Judge Cook, raised the point that as the Oliver Grand Jury had continued in service after a new panel had been drawn in the office of the clerk and put on file, the term of the Grand Jury’s service had expired. It was, therefore, no longer part of the machinery of the Court and had no power as an inquisitorial body. Under this interpretation, not only would the indictments against the strikers be invalidated, but those against the alleged bribe-givers also.[268] Thus four of Mr. Calhoun’s striking carmen, in their efforts to evade trial on charges growing out of opposition to the United Railroads, were making stronger fight to release Mr. Calhoun from indictment than Mr. Calhoun, although enjoying the ablest legal counsel that money could secure, had been able to make for himself.
Eventually, these technical objections were decided adversely to the defense; the validity of the Oliver Grand Jury was never successfully attacked. But the technical objections raised caused delays which the defense was able to put to good account. While the prosecution was battling to force the graft cases to trial on their merits, the graft defense was conducting a publicity campaign to misrepresent and undermine the prosecution. The astonishing success of these efforts were to appear later. By 1909, for example, in the city which when the graft prosecution opened, the practically universal sentiment was for the crushing out of corruption, there was strong opinion that the prosecution of influential offenders had gone too far, had been injudiciously conducted, was “hurting business,” and that for the good of the community the graft cases should be dropped.[269]
The evident policy of the defense was to undermine the prosecution and create public opinion against it, until both prosecution and community should be worn out, and made to quit.
The principal attack was through the newspapers. The prosecution had not been long at work before the weekly papers, with few exceptions, were devoting the bulk of their space to ridiculing and vilifying all who were in any way responsible for the graft exposures and impuning their motives.
What these publications received for their work is indicated by the subsidies paid one of the least of San Francisco weekly papers—a publication since suspended—the Mission Times.
In January, 1907, a man by the name of Williams purchased the Times for seventy-five dollars, giving his unsecured note for that amount. In less than a month the new proprietor had received $500 from an agent of the United Railroads. Later on, he received a regular subsidy of $250 a week, something more than $1,000 a month, which continued for thirteen weeks. The subsidy was later reduced to fifty dollars a week. But during the interim between the weekly subsidy contracts, lump sums were paid. It is estimated that in little over a year, Williams received from agents of the United Railroads upwards of $7,000. The Times at first covertly, and later openly, opposed the prosecution. If the unimportant Mission Times, which at the opening of the year 1907 had changed hands for seventy-five dollars, received upwards of $7,000 from agents of the defense, the not unreasonable question may be asked, what did more important weekly papers, whose graft prosecution policy was practically the same as that of the Times, receive? In this connection it is pertinent to say that the majority of these publications gave evidence during 1907, of a prosperity that was quite as mysterious, if not as suggestive, as had been the prosperity of the Schmitz-Ruef Supervisors during 1906.
As has been seen, the entire daily press of San Francisco was, in the beginning, heartily in accord with the prosecution. Gradually, however, The Examiner and The Chronicle[270] shifted their policy. Even while The Chronicle was backing the prosecution in its editorial columns, its reports of the proceedings at the various hearings were colored in a way well-calculated to undermine Langdon and his associates.[271] Gradually the covert opposition of its news columns became the open editorial policy of the paper.
But the most effective opposition came from The Examiner. The Examiner supported the prosecution until the conviction of Schmitz and the change in the municipal administration. Failure to dictate the selection of Mayor and Supervisors may have had more or less influence in the change of policy. At any rate, the invention of The Examiner’s writers and artists was tortured to make the prosecution appear to disadvantage.
The most tawdrily clever of The Examiner’s efforts were the so-called “Mutt cartoons.” The cartoons appeared from day to day, a continuous burlesque of the work of the prosecutors, and of the graft trials.
Heney was pictured as “Beaney;” Detective Burns, as Detective “Tobasco;” James D. Phelan as “J. Tired Feeling;” Rudolph Spreckels, as “Pickles;” Superior Judges Dunne and Lawlor, before whom the graft cases were heard, as Judge “Finished” and Judge “Crawler,” respectively. In these “Mutt cartoons” every phase of the prosecution was ridiculed. For example, when the excitement over the graft trials was at its height, there were rumors that the assassination of Heney or Langdon would be attempted. In ridiculing this, The Examiner pictured “Beaney” with a cross on his neck where the bullet was to strike. A few weeks later, during the progress of one of the graft trials, Heney was shot down in open court, the bullet taking practically the same course which in the “Mutt” cartoon The Examiner had pictured. After the shooting of Heney, The Examiner discontinued the anti-prosecution “Mutt cartoons.”
Mr. William Randolph Hearst’s San Francisco Examiner did effective service in discrediting the graft prosecution. But Mr. Hearst, with curious inconsistency, outside California, gave the prosecution his personal endorsement.
In his Labor Day address at the Jamestown Exposition, September 3, 1907, for example, Mr. Hearst among other pleasing observations on the work of the San Francisco Graft Prosecution, said: “You hear much today of how a Mayor of San Francisco has fallen, but you hear little of how powerful public service corporations tempted a wretched human being with great wealth and brought a once respected man to ruin and disgrace. You hear much of how a Mayor elected on a Union Labor ticket is in jail, but little of the fact that it was an honest District Attorney, elected on the same Union Labor ticket, who put him there, an honest District Attorney, who is doing his best to put beside the Mayor the men really responsible for all this debauchery and dishonor. While it is the fashion to criticise San Francisco just now, I venture to assert that the only difference between San Francisco and some other cities is that San Francisco is punishing her corruptionists. There is many an official elsewhere who has stolen office or dealt in public properties who would fare like Schmitz if there were more honest and fearless District Attorneys like Union Labor Langdon.”
Later on, after Ruef had been sent to the penitentiary, an article on the San Francisco Graft Prosecution appeared in one of Mr. Hearst’s magazines.[272] The article was printed under the signature of Mr. Edward H. Hamilton, one of the ablest of Mr. Hearst’s employees. Mr. Hamilton gave the credit for the work of the graft prosecution to Mr. Hearst and The Examiner. The men whose steadfastness of purposes and high integrity had made even approach to the prosecution of influential offenders possible, upon whom Mr. Hearst’s Examiner had poured ridicule and abuse, were more or less favorably mentioned in the article, but Mr. Hearst was given the bulk of the credit for what the prosecution had accomplished. In California, where The Examiner’s treatment of the prosecution was well known, Mr. Hamilton’s article was received with some amusement and not a little resentment.[273]
Although, with few exceptions, the policy of the San Francisco press was adverse to the prosecution, the principal interior papers gave Langdon and his associates loyal support. But eventually a chain of papers covering the greater part of the interior of northern and central California was enlisted on the side of the defense. The papers were started or purchased by a newspaper publishing company known as the Calkins Syndicate.
The Calkins people had for several years been identified with a number of unimportant papers, printed in the interior. Suddenly, from publishing obscure weeklies and dailies, the Calkins Syndicate became one of the most important, if not the most important, publishing concern in California. A modern printing plant, one of the finest on the Pacific Coast, was installed at San Francisco. The establishment took over much of the printing of the Southern Pacific Railroad Company, including the printing of the railroad corporation’s monthly, The Sunset Magazine. The Sacramento Union, the most important California morning newspaper printed north of San Francisco, and the Fresno Herald, an afternoon daily, were purchased outright. A bid was made for the San Francisco Post,[274] but terms could not be made. The Calkins people accordingly started the San Francisco Globe, an afternoon daily newspaper. Less important papers were established at various points. In an incredibly short period, the Calkins Syndicate had a chain of newspapers covering the greater part of northern and central California.
The distinctive feature of these publications was their opposition to the San Francisco graft prosecution. But the abuse of the Calkins newspapers was not so cleverly presented as in the Examiner, nor so adroitly handled as in the Chronicle. So violent were the Calkins papers' attacks, in fact, that they injured rather than assisted the defendants’ cause. This was generally recognized. The Calkins Syndicate, after losing whatever effectiveness it may have had, eventually went into bankruptcy.[275]
Almost as effective as the newspaper publicity against the prosecution, was the opposition of fashionable social circles and of the clubs. The graft defendants became much in evidence at the best clubs in the city. To be sure, their persistent appearance all but disrupted some of the clubs, members in sympathy with the enforcement of the law openly objecting to their presence.[276] But in the end, the defendants prevailed and were loudly apparent at the principal clubs of the city even while under the inconvenience of indictment.
San Francisco’s so-called fashionable society was, during the graft trials, practically organized as an adjunct of the defense. Those in accord with the prosecution were cut off visiting lists. Some of the non-resident indicted ones brought their families to San Francisco. Their wives and daughters at once became prominent in social matters. It was the refinement of the custom of bringing in “the wife and innocent children” of the defendant at a criminal trial.
This character of defense was most effective. The charming entertainment of those wives and daughters of indicted magnates who engaged in the social publicity campaign in the interests of their troubled male relations, went far toward building up public opinion against their prosecutors. The supporters of the prosecutors were treated with scant ceremony. To be a supporter of the prosecution was not regarded as “good form.” All in all, the social side was one of the cleverest and most effective features of the publicity campaign carried on by the graft defense.[277]
The boycott of those in sympathy with the prosecution extended to the larger business world as well as to exclusive social circles. When, for example, the American battleship fleet visited San Francisco on its tour around the world in 1908, the committee appointed by the Mayor to arrange fitting reception and entertainment of its visitors, organized by making James D. Phelan, prominently associated with Mr. Spreckels in the Graft Prosecution, chairman.
That Mr. Phelan should be made head of the committee, or even identified with it, gave serious offense to the large business and financial interests that did not approve the prosecution.[278] The large interests thus offended refused to contribute to the reception fund. William C. Ralston, United States Sub-Treasurer at San Francisco, and treasurer of the Fleet Reception Committee, reported to the committee that several large banks and public service corporations would not contribute to the reception of the fleet unless Mr. Phelan left the reception committee.[279]
The committee, refusing to submit to this arrogant dictation, accordingly proceeded to the entertainment of the fleet without assistance from the anti-prosecution financiers and institutions. The smaller merchants, assisted by those banks and enterprises which had not been offended by the proceedings against the corrupters of the municipal government, contributed upwards of $75,000. The reception to the fleet was thus carried to successful conclusion without the assistance of the graft defense element.
In the work of undermining the prosecution, the humbler circles of municipal life were not neglected. The claquer in labor union, and wherever groups of laboring men and women met, was quite as active as his prototype at club and exclusive function. In labor circles the prosecution was described as a movement to discredit labor and to disrupt the unions. Here, Rudolph Spreckels was described as the unrelenting foe of labor organizations. At club and function, on the other hand, the prosecution was condemned as agent of “labor organization and anarchy,” and Mr. Spreckels denounced as a man who had “gone back on his class.” In all quarters stories were circulated, questioning Spreckels’ motives. The most persistent charge against him was that he had started a street-car system of his own, and had instituted the graft prosecution to drive the United Railroads out of business. This story was told and retold, although the purposes for which Mr. Spreckels had contemplated engaging in the street-car business were well known.[280] It was quite as well known, too, that the briberies alleged against officials of the United Railroads were committed long after the graft prosecution had been inaugurated.
Heney[281] was also made target for criticisms. His whole life was gone over in the search for flaws. It was discovered that in self-defense he had, years before, shot a man in Arizona.[282] This was made basis of a charge that Heney had committed murder. The new version of the Arizona incident was fairly shouted from San Francisco housetops.
Heney was denounced as a “special prosecutor, a human bloodhound, engaged in hounding of men to the penitentiary.” It was charged against him that he had received excessive fees from corporations; that he had accepted fees from the Federal government while acting as deputy to the San Francisco District Attorney, and that therefore his San Francisco employment was illegal;[283] that he had been a drunkard.
A most effective attack consisted in charging connection of the graft prosecution with the California Safe Deposit and Trust Company.
This institution closed its doors during the 1907 panic. It had carried an enormous volume of deposits. Thousands of homes were affected. The California Safe Deposit and Trust Company was, as a result, very unpopular. Stories were circulated that the company had backed the prosecution, and had contributed funds for its work. J. Dalzell Brown, one of the leading spirits of the company, was also described as one of the prosecution’s backers. It was shown at the Calhoun[284] trial that neither Brown nor his company had contributed a dollar toward the prosecution fund. Nevertheless, persistent reports that the prosecution had had this support, unquestionably had its effect upon the losing depositors. Hiram W. Johnson had acted as Brown’s attorney. Johnson had appeared as assistant to the District Attorney at a number of the graft trials. Johnson was condemned for taking the case of a criminal guilty of the offenses charged against Brown. Mr. Johnson’s critics did not, however, condemn the attorneys who had taken the cases of the alleged bribe-givers.
Another charge was that the prosecution was hurting business; that the material prosperity of California demanded that the proceedings be stopped; that capital would not seek investment in California until the disturbance caused by the prosecution had subsided.
Every move of the prosecution was made subject of criticism. Announcement, for example, that immunity had been given the Supervisors was received by the anti-prosecution press with a storm of protest, and used by the pro-defense claque most effectively.
The treatment accorded Ruef was subject of constant objection and criticism. During the period of Ruef’s apparent co-operation with the prosecution, when he was in custody of the elisor, the pro-defense press harped on the uselessness of the expense of keeping Ruef in the luxury of a private jail.[285] The Chronicle even went so far as to say it would be well if Ruef forfeited his bail, provided the bail were set high enough. Ruef was, at the time, thought to be a willing witness for the prosecution. That the case of The People would be weakened were he to leave the State did not seem to appeal to the Chronicle. Later on, when it became evident that Ruef was not assisting the prosecution, there were outcries against the alleged cruel treatment that had been imposed upon him during his confinement in the custody of the elisor.
But this potent and far-reaching opposition did not cause a moment’s hesitation on the part of the prosecution. The work of bringing influential offenders before trial juries went steadily on. As soon as the Schmitz extortion case had been disposed of, Louis Glass of the Pacific States Telephone and Telegraph Company, the first of the indicted capitalists to face a jury, was brought to trial.
CHAPTER XIX.
The Glass Trials and Conviction.
On the day that Mayor Schmitz was sentenced to serve five years in the penitentiary for extortion, six jurors were secured to try Louis Glass, for bribery.
Mr. Glass had been indicted with T. V. Halsey for alleged bribery transactions growing out of the opposition of the Pacific States Telephone and Telegraph Company to competition in the San Francisco field. Mr. Halsey’s business was to watch, and, so far as lay in his power, to block, such opposition telephone companies as might seek entrance into San Francisco.
Mr. Glass was Mr. Halsey’s superior. To Glass, Halsey reported, and from Glass, Halsey took his orders. Eleven Supervisors had confessed that Halsey had paid them large sums to oppose the granting of a franchise to the Home Telephone Company. Testimony given before the Grand Jury had brought the source of the bribe money close to Halsey’s superior, Glass.
Glass was indicted. The specific charge on which he was brought to trial was that he had given Supervisor Charles Boxton a bribe of $5000.
As in all the graft cases, there had been in Mr. Glass’s defense technical attack upon the validity of the Grand Jury, demurrers, and other delaying moves. But point by point the prosecution had beaten down opposition, and by the time the Schmitz extortion case had been disposed of, District Attorney Langdon and his associates were able to proceed with the trial of Glass.[286]
The District Attorney’s office was represented by Heney. D. M. Delmas and T. C. Coogan appeared for Mr. Glass.
There were none of the difficulties in securing the jury, as were experienced in the later graft trials. The Glass jury was sworn two days after the trial opened.
Dr. Boxton took the stand and testified, with a minutia of detail, how the bribe had been paid to him. Dr. Boxton was the first of the Supervisors to testify before trial jury and public, of his corruption. During the next year and a half San Francisco was to hear the story repeated time after time from the lips of sixteen men who had occupied the supervisorial office. But Boxton was the first. The spectacle of a man testifying that he had taken bribes and betrayed the city was new; it was astonishing, thrilling with sensation.
Boxton’s position was emphasized by his elevation, on the day of the beginning of his testimony, to the mayoralty office. He was spared by neither prosecution nor defense. He was kept on the witness stand for hours. The prosecution treated him with coldness, making no attempt to palliate or excuse his conduct. The defense harassed him with subtle ridicule.
During the greater part of Boxton’s examination, the Board of Supervisors was in session. As Mayor of San Francisco, Boxton was supposed to preside over the Board. He was repeatedly dragged from presiding desk to witness stand, and hustled back from witness stand to presiding desk, the whole city watching every move.
“You were elected Mayor of this city?” inquired Delmas after one of the witness’ shameful admissions.
“Through no fault of mine,” replied Boxton wearily.
But in spite of the ridicule and the hammering, Boxton testified positively to receiving money from Halsey to influence him against casting his supervisorial vote to give the Home Telephone Company a franchise. That Halsey paid the money was not seriously disputed. The question raised by the defense was, did the bribe money necessarily come through Halsey’s superior, Glass?
This question the prosecution attempted to meet. Halsey, it was shown, was employed under Glass in an inferior position and had neither authority nor power to use the corporation’s funds without authorization.
Mr. Glass’s position in the company was an important one. He had long been vice-president and general manager. After the death of John I. Sabin, president of the company, in October, 1905, Glass became acting president, a position which he held until Henry T. Scott assumed the duties of that office late in February, or early in March, 1906. The evidence went to show that at the time of the alleged bribery transactions, Glass was serving as general manager and acting president. Officials of the company testified that during Sabin’s administration checks had been signed by “John I. Sabin by Zimmer,” or “E. J. Zimmer for the president,” and countersigned by the treasurer. Zimmer was Sabin’s confidential clerk.
During Mr. Glass’s administration, after Mr. Sabin’s death, up to the time that Mr. Scott took hold, the checks were signed by Mr. Glass, or Mr. Zimmer for Mr. Glass, bearing as well the treasurer’s signature.
Zimmer had testified before the Grand Jury that at the direction of Mr. Glass, he had drawn large sums in currency from the banks, and given the money to Halsey. Halsey[287] gave no vouchers for this money which he received from Zimmer. The amounts were accounted for at the company’s office by tags in the cash drawer.
The testimony which Zimmer had given before the Grand Jury connected Glass directly with the large amounts which Halsey, without giving vouchers, had received from the telephone company’s treasury at the time of the bribery transactions. The prosecution depended upon Zimmer’s testimony to solidify their case. But when Zimmer was called to the stand, he refused to testify.
Zimmer based his refusal upon the ground that in his opinion the Grand Jury had indicted a number of gentlemen upon evidence which Mr. Zimmer regarded as insufficient, and that he would not, to protect his own interests, testify.[288]
The court instructed Mr. Zimmer that his position was untenable. The witness continued obdurate. The court sentenced him to serve five days in the county jail for contempt.
After his five-days’ term had expired, Zimmer was again called to the stand, and again did he refuse to testify; again was he sentenced to serve in the county jail, this time for one day. Upon the expiration of this second sentence, Zimmer was for the third time called to the stand, for the third time refused to testify. For the third time was he adjudged guilty of contempt. His third sentence was to serve five days in the county jail and pay a fine of $500. Before he had served his time, the Glass trial had been concluded. Zimmer, therefore, escaped testifying against his associate, Glass. But for his refusal, he served eleven days in the county jail and paid a fine of $500. The maximum penalty for the crime of bribery alleged against Glass was fourteen years penal servitude. Mr. Zimmer thus served fewer days than Mr. Glass might have been sentenced to serve years had he been convicted. The testimony which Zimmer[289] gave before the Grand Jury, was not presented to the trial jury.
Nevertheless, the prosecution considered that it had made out a strong case, but Mr. Heney and his associates had reckoned without D. M. Delmas, Glass’s chief counsel. The defense introduced no evidence, but Delmas, in a masterful argument, raised the question of reasonable doubt. He insisted that Glass had not necessarily given the money to Halsey. He argued that several others of the officials of the company could have authorized the transaction. By an elaborate chain of reasoning, for example, Delmas insisted that if the money had been given Halsey at all, President Henry T. Scott[290] could have provided for it.
The jury, after being out forty-seven hours, failed to agree. At the final ballot it stood seven for conviction and five for acquittal. That Delmas’s argument had strong influence upon those who voted for acquittal was indicated by their published interviews. If these statements are to be credited, Glass escaped conviction because a number of the jurors held to the opinion that some telephone company official other than Glass could have authorized the passing of the bribe money.[291]
As soon as the prosecution could bring Glass to second trial, impaneling of the jury began.[292] Glass, at this second trial, was tried for the alleged bribery of Supervisor Lonergan. The trial was in many particulars a repetition of the first. Again, there was no serious attempt to dispute that Halsey had paid Lonergan the bribe money. Zimmer again refused to testify against his superior, and was again committed for contempt. But the prosecution was careful at the second trial to show beyond the possibility of the question of a doubt that neither President Henry T. Scott, nor any other official of the Pacific States Telephone Company, other than Glass, could have authorized the payment of the bribe money.
By the minute books of the corporation, the prosecution showed that checks drawn by the corporation on San Francisco banks were to be signed “by the assistant treasurer or his deputy, and by the president, or his private secretary, E. J. Zimmer, for him, or by the general manager.” As for Mr. Scott, the prosecution showed by the testimony of Assistant Treasurer Eaton[293] of the telephone company that the corporation did not notify the banks to honor President Scott’s signature until February 27, which was after the alleged bribery of Supervisor Lonergan had been consummated.
The jury, after being out less than a half hour, brought in a verdict of guilty.
Pending his appeal to the Appellate Court, Glass was confined in the county jail.
Of the Pacific States Telephone bribing charges, those against T. V. Halsey remained to be disposed of.
Even while the second Glass trial was under way, Halsey’s trial for the bribery of Supervisor Lonergan was begun. There had been the same delaying tactics to ward off appearance before a jury which had characterized the other graft cases. The impaneling of the trial jury was, however, finally undertaken. But the proceedings were suddenly brought to a close. Halsey, after eight jurors had been secured to try him, was stricken with appendicitis.
On this showing, his trial was postponed. Later on, Mr. Halsey was threatened with tuberculosis, which further delayed proceedings against him. Until after the defeat of the Graft Prosecution in 1909, Mr. Halsey’s health did not permit of his being tried. His trials under the new administration of the District Attorney’s office, resulted in acquittals.
Mr. Halsey, in August, 1913, still survives both the appendicitis attack and the threatened tuberculosis.
CHAPTER XX.
The Ford Trials and Acquittals.
The conviction of Glass, following immediately upon the overthrow of the Schmitz-Ruef municipal administration, and coupled with the pitiful position in which, all recognized, Halsey would find himself before a jury, stirred the graft defense to astonishing activity. Although it developed later that the defendants had had their agents at work even before the bringing of indictments,[294] little was suspected of the extent of their labors until after the Glass trials. During the trials of General Tirey L. Ford, who followed Glass before trial jurors, however, the work of the defendants’ agents and their methods became notorious. From the opening of the Ford trials, the representatives of the various graft defendants who congregated in the courtroom ranged in social and professional standing from the highest priced lawyers of the character of Alexander King, President Calhoun’s law partner, down through layers of the typical, criminal lawyer of the Earl Rogers-Porter Ashe[295] grade, to characters of the type of Harry Lorenstzen,[296] notoriously known throughout Central California as the “Banjo-Eyed Kid,” and Dave Nagle, the gun-fighter, who numbered among his accomplishments the slaying of Judge Terry. Nor were the defending corporations alone represented. The Southern Pacific, although none of its officials were under indictment, had men at work in the interest of the defense.[297]
With such motley array of attorneys, detectives, gunfighters and agents, District Attorney Langdon and his associates contended until, what was practically the ending of the graft prosecution, the defeat of Heney for District Attorney at the municipal election of 1909.
Ford had been indicted for his alleged part in the bribery of the Supervisors by the United Railroads to secure its over-head trolley permit. At his first trial, Ford answered to the charge of bribing former Supervisor Lonergan. Lonergan had not been long on the stand before the defense demonstrated the astonishing effectiveness of the work of its agents.
Earl Rogers, for the defendant, on cross-examination, presented a paper signed by Lonergan within the month, in which Lonergan set forth that when he voted for the trolley permit he had not been promised, nor did he understand, there would be any monetary consideration allowed him—nor any other member of the board—for voting in favor of the measure.
Lonergan had testified on direct examination that some time prior to the granting of the permit, Supervisor Wilson had brought word to him there would be $8000 for him in the passing of the trolley ordinance. Later Wilson had told him that the amount would be $4000 only. This amount, Lonergan testified, Gallagher had paid him. Lonergan’s statement, signed a few days before the opening of the trial, to the effect that when he voted to grant the United Railroads its trolley permit no monetary consideration had been promised him, came as a surprise to the prosecution.
The story of the manner in which the paper came to be in Rogers’s possession, however, was quite as sensational as the statement itself. Lonergan, the driver of a bakery wagon, confronted by the keenest practitioners at the California bar, harassed and confused, stammered out explanation of the manner in which he had been induced to sign the paper in Rogers’s hands.
Long before he had signed it, one Dorland had secured introduction to him. Dorland had represented himself to be a magazine writer, who held that the ousted Supervisors had been misused. Dorland stated that his purpose was to set the Supervisors right in the East. He represented that he was to prepare an article on the San Francisco graft situation from an independent, unbiased standpoint. Dorland made himself very agreeable to Lonergan. He took the unhappy fellow to lunch. He gave him and members of his family automobile trips and expensive dinners. Lonergan finally signed the statement which the agreeable “magazine writer” was to use in his behalf, and with which the graft defense[298] confronted him on the witness stand.
The statement which Lonergan had signed was a rambling account of conditions in San Francisco, the one pertinent paragraph touching upon the United Railroads graft being buried in a multitude of words.
“And you intended to say to all the readers of the magazine what you set forth over your signature there?” demanded General Ford’s attorney.
“Yes,” replied Lonergan, weakly, “but when I made that statement I was not under oath.”
Then Lonergan was confronted with the affidavit which he had signed at the opening of the Graft Prosecution when Langdon was fighting against Ruef, Acting Mayor Gallagher and the Schmitz-Ruef Supervisors to keep himself in the office of District Attorney and Ruef out. In that affidavit Lonergan set forth that he had “never committed a felony of any kind or character,” and had “never been a party thereto.”[299]
“I didn’t read that paper at the time I signed it,” faltered the miserable witness. “I did not consider I was committing a crime when I signed that document.”
“If it be a crime to have me sign that,” he continued in answer to General Ford’s attorney’s merciless hammering, “then I must have (committed a felony).”
Then on re-direct examination Lonergan testified as to how he had come to sign the affidavit. George B. Keane, clerk of the Board of Supervisors, Ruef’s right-hand man, secretary of the Sunday-night caucuses, had, Lonergan testified, said to him, “Tom, there is a document across the street there for you to go over and sign. All the boys are signing it.” Lonergan testified that he had gone over and signed it. “I am almost sure,” Lonergan continued, “that some of them said to me that it was a matter of form, merely eulogizing the board.”
“When proper inducements or circumstances occur,” sneered General Ford’s attorney, “you will testify falsely concerning your offenses.”
“I will not testify falsely on this stand,” replied the unhappy witness, “to whatever has happened during my term as Supervisor.”
But complicated as the position in which the prosecution found its principal witness, it might have been more complicated had all the plans of the agents for the defense been carried out.
On the night before Lonergan was to take the stand against Ford, Dorland, the alleged magazine writer, called him up by telephone and invited him “to make a night of it.” Dorland stated two women would accompany them. Before accepting the invitation, Lonergan notified Detective Burns. Burns instructed him not to go on the trip, but to meet Dorland and to take Mrs. Lonergan with him. Lonergan, with his wife, accordingly met Dorland and the two women at the appointed place. Dorland expressed his chagrin when he found Lonergan not alone.
“He said,” Lonergan testified, “he was sorry I was not alone; two nice young ladies were there.”
Lonergan’s testimony of Dorland’s dismay when the detective found that Mrs. Lonergan accompanied her husband, was received with amusement. The one-time Supervisor went on no automobile ride that evening. Thus tamely ended what the prosecution insisted was a plot to kidnap, or at least compromise, Lonergan on the eve of his appearance as a witness against General Ford.[300]
Out of this attempt to involve Lonergan, grew the scarcely less astonishing kidnaping of Fremont Older, managing editor of the San Francisco Bulletin.
Among those alleged to have participated in the Lonergan affair was an employe of the graft defense by the name of Brown. The defense had at the time two employes of that name, “Luther” and “J. C.,” the latter of whom is alleged to have been the one who co-operated with Dorland in his attempt upon Lonergan. The Bulletin, in its account of the affair, confounded Luther with J. C. Brown. Based on the Bulletin’s allegations against Luther Brown, warrants were sworn out at Los Angeles, charging Managing Editor Older with criminal libel. The manner of serving these Los Angeles warrants was characteristic of the times.
Late in the afternoon of September 27, Older, while at Heney’s office, received a telephone message that he was wanted at a prominent hotel. As he approached the hotel in response to the message, he was stopped by a number of men who claimed to be peace officers from Los Angeles. These displayed the warrant, and hustled Older into an automobile. Older demanded that he be taken before a local court. His captors promised him he should be. But instead they headed the machine for Redwood City, a town some twenty miles south of San Francisco on the line of the Southern Pacific. When Older protested a revolver was pressed against his side, and he was ordered to keep silent.
At Redwood City, Older was put on board a Los Angeles train. On the train were R. Porter Ashe and Luther Brown. Older was not permitted to communicate with his friends nor with the passengers, but was confined in a stateroom which his captors had secured.[301]
In the meantime, the entire police force of San Francisco was scouring the city for the missing man. There had been rumors that those prominent in the prosecution, Older among them, were to be made away with. Older’s unaccountable disappearance tended to confirm these rumors. His alarmed friends were prepared to act promptly when word finally reached them that Older was on the southbound train.
The train was due to reach Santa Barbara early the following morning. Arrangements were accordingly made to rescue Older at that point. When the train arrived there, deputy sheriffs were awaiting its arrival. Older was taken into court under habeas corpus proceedings. His release followed,[301] another sensation of the graft defense thereby coming to sorry ending.[302]
There were other surprises for the representatives of the prosecution at the Ford trials well calculated to confuse them. Alex. Latham, chauffeur for Ruef, whose testimony connected Ruef and Ford, during the period of the alleged bribery transactions was, when his name was called as a witness, found to be missing. He was alleged to be in Colorado.
George Starr, treasurer of the United Railroads, whose testimony was needed in the tracing of the exact amount of the bribe money paid Ruef in the overhead trolley deal, $200,000, that had been placed in Ford’s hands under somewhat peculiar circumstances, went East about the date the trial opened. The United Railroads’ cash book was sent East about the same time, and could not be produced at the trial.[303]
Then again, witnesses who had testified freely before the Grand Jury became forgetful. Supervisor Wilson, who had conveyed word to Lonergan from Gallagher that there would be $4000 in the trolley deal for Lonergan, could, when brought to the witness stand, remember nothing of the incident. Supervisor Coffey also proved equally forgetful.[304]
In the midst of these extraordinary happenings, General Ford’s trial went on, marked by repeated attacks by attorneys for the defense upon those who had been instrumental in bringing about the Graft Prosecution. Rudolph Spreckels in particular, was made object of vicious denunciation. It was recognized from the beginning that the defense was battling not for General Ford alone, but for President Calhoun, and the other officials of the United Railroads under indictment.
The State’s attorneys, target for constant abuse and ridicule at the hands of the defense, proceeded, however, to present the case of The People. In spite of sensations, the disappearance of witnesses and the forgetfulness of witnesses, the prosecution brought out testimony to show that the Supervisors had received $85,000 for their votes granting the trolley permit. By the testimony of officials of the United States Mint it was shown that Patrick Calhoun had, after the fire, but before the opening of the San Francisco banks, created a fund of $200,000 at the Mint.
None of the directors of the United Railroads who could be dragged to the stand knew anything about this $200,000. Other amounts, which the United Railroads, during the days of stress following the fire, had received at the Mint from the East, could be accounted for by the books and vouchers, but not this $200,000.[305] United Railroads employes who could be made to testify could throw no light upon its final disposition.
But the prosecution did show by the Mint officials that President Calhoun had ordered the $200,000 paid to General Ford and that it was paid to General Ford.
The following dates, brought out by the testimony, showed the receipt and suggested the disposition of the money:
May 21—Overhead trolley franchise granted by the Board of Supervisors.
May 22—$200,000 placed in the Mint to the credit of Patrick Calhoun.
May 25—General Ford drew $50,000 from the Mint which he exchanged for currency of small denominations.
July 31—General Ford drew $50,000 from the Mint, which he exchanged for currency.
August 1—The Supervisors received from Gallagher their first payment for voting to grant the overhead trolley permit. Gallagher testified that he had received the money from Ruef. The payments were in currency, the bills being of small denominations.
August 23—General Ford drew $100,000 from the Mint, which he exchanged for currency, receiving bills of large denominations.
August 24-30—The Supervisors received their final payments from Gallagher for their votes on the trolley permit. These last payments were made in bills of large denominations. Gallagher testified that he had received the money from Ruef.
The withdrawals from the Mint had been made by General Ford, on Mr. Calhoun’s instructions to the Mint officials that the payments should be made to the General.
The testimony of the Mint officials and employes was to the point and at times sensational. Nathan Selig, a clerk at the Mint, for example, assisted Eugene D. Hawkins as assistant cashier,[306] in making up a package of $50,000 in bills which were turned over to Ford. Selig fixed the time of the occurrence at “shortly after the Mayor signed the franchise bill for the overhead wire.”
“What impressed that upon your mind?” was asked him. “Because I made the remark to Mr. Hawkins, as he was going out,” replied Selig, “that that was—I thought it was, the Supervisors’ ‘bit’.”
Having traced this $200,000 from Calhoun to the Mint and from the Mint to Ford, the prosecution proved by Charles Hagerty, Ruef’s office boy, that during the weeks after the fire General Ford and Mr. Mullally of the United Railroads, had had conference with Ruef at Ruef’s office. Ruef was traced to Ford’s office. Ford’s stenographer testified, reluctantly, to Ruef’s presence there. Ford was shown to have sent warning, through his assistant Abbott, to Ruef, at the opening of the graft investigation, that the Grand Jury was taking up the matter of the United Railroads trolley privilege, that the prosecution had not made any headway, that it was thought the next step would be to lay some trap for the Supervisors.[307] That Ruef and Ford had more or less intimate relations during this period was fully established.[308] The question raised was: Did the $85,000 in currency which Ruef gave Gallagher to be paid to the Supervisors for their votes on the overhead trolley permit pass from Ford to Ruef? Did the money paid the Supervisors come out of the unaccounted-for $200,000 which had disappeared into General Ford’s possession?[309]
A word from Abe Ruef would have lifted the case out of the plane of circumstantial to that of positive evidence.
A word from General Ford would have shown the manner in which the money had been disposed.
Those who took seriously Ruef’s protestations at the time of his plea of guilty to extortion, that his life would thereafter be devoted to undoing the wrong he had wrought, looked to see the prosecution put Ruef on the stand.
The many supporters of General Ford—he was one of the most likable and popular men in the State—who still held belief in his innocence, looked to see him take the stand to clear his name by accounting for the disposition of that $200,000 which he had received, at the order of President Calhoun, from the Mint officials.
But neither Ruef nor Ford took the stand.
Later developments in the graft cases showed why the prosecution did not call upon Ruef to testify.
But no satisfactory showing has been made why General Ford did not take the stand to tell, under oath, of the disposition of that $200,000 last seen in his possession.
Heney, in an affidavit[310] acknowledged March 10, 1908, tells why Ruef was not called upon to testify.
Some ten days before the taking of testimony in the first Ford trial began, according to this affidavit, Heney had Gallagher and Ruef at his office. The two men had told stories of the passage of the ordinance granting the trolley permit, which conflicted slightly. Heney’s purpose in confronting them, he tells us in the affidavit, was that he might determine in his own mind which was right. Heney had not seen Ruef, except as he had passed him in court or corridor, since he had proved that Ruef had made misrepresentations to him in the French Restaurant cases.[311] The conversation between Ruef and Gallagher did not tend to change Heney’s opinion of the broken boss. Indeed, Heney became more firmly convinced than ever that Ruef was not acting in good faith, that he was not telling the whole truth. A few days after this meeting, Burns brought Heney word that Ruef would not testify at the Ford trial at all, unless the prosecution allowed him to withdraw his plea of guilty in the extortion case, and dismissed all the indictments against him. Heney refused to be coerced. He sent word back to Ruef that the prosecution had had sufficient evidence to convict Ford before Ruef had told anything; that if Ruef were called to the witness-stand it would be without further talk with him; that none of the cases against him would be dismissed, and that if called to the stand he could testify or not testify, as he saw fit.
That night, according to Heney, Rabbis Nieto and Kaplan, with Ruef’s attorney, Henry Ach,[312] appeared at Heney’s office. Ach announced in substance, according to Heney’s affidavit, that inasmuch as Heney and Langdon had promised to permit Ruef to withdraw his plea of guilty to the extortion charge, and then dismiss the case, as a condition upon which Ruef signed the immunity contract,[313] the time had arrived when, in justice to Ruef, this ought to be done.[314]
Heney let Ach finish.
“We might as well understand each other,” Heney then announced. “You know perfectly well that I did not at any time make any such promise to Ruef or to you, or to any one present, or to any one else on earth.”
Heney then recited the exact terms of his promise.[315] Both Kaplan and Nieto agreed with him that his statement was correct, but Kaplan insisted that he had understood that Ruef was to be allowed to withdraw his plea, arguing that he had told the truth and that his evidence was very important.
“Ruef lied to us,” answered Heney emphatically, “in the French Restaurant case, and I proved it to him in this very room, and he simply laughed in my face. He also lied to us in all the other cases. He is not entitled to immunity in any case, and I not only will not permit him to withdraw his plea of guilty in case number 305, but on the contrary it is my present intention to ask the court in that case to give him no leniency whatever, but to sentence him for the maximum term which is prescribed by law.”
Heney suggested that Ruef’s representatives take this word back to their principal.
“Ruef,” Heney concluded, “tried to job the prosecution and he has only succeeded in jobbing himself into the penitentiary.”
Ten days later, when Heney made his opening statement before the first Ford jury, he carefully refrained from stating that the prosecution expected to prove any fact that necessarily depended in whole or in part upon Ruef’s testimony. And with all San Francisco on tiptoe of expectancy,[316] Heney closed the case of The People without putting Ruef on the stand.[317]
The defense offered no evidence. The case went to the jury on the evidence which the prosecution had presented. The jury failed to agree, eight standing for acquittal, and four for conviction.
General Ford was immediately brought to trial for the second time. The case selected was for the bribery of Supervisor Jennings Phillips.
Heney, in his opening statement, announced that he did not intend to put Ruef on the stand. The second case presented was, if anything, stronger than the first, but the jury brought in a verdict of “not guilty.” General Ford was tried on a third of the indictments against him, and again was the verdict of the jury “not guilty.”
Long after, the prosecution discovered that agents for the United Railroads had systematically corrupted members of its detective force. On the evidence in the hands of the prosecution, a search warrant was secured, and the offices of the United Railroads raided in a search for stolen documents. Copies of over 2400 documents belonging to the prosecution were found. It developed that men in the employ of the prosecution were receiving regular monthly salaries from agents of the United Railroads to turn these reports over to agents of the defense for copying. The defense was in this way kept informed of all that had been reported to the prosecution regarding jurors, etc., by Burns’s own agents.[318]
At the time of the third Ford trial, for example, Heney was engaged with Ruef’s trial in the Parkside case. The Ford trial was conducted for the State by John O’Gara. One of Burns’s men, Platt by name, was appointed to assist O’Gara by advising him of the character of the men drawn for jury service. O’Gara repeatedly discovered Platt’s advice and suggestions to be unreliable. Long after it was discovered that Platt was at the time in the employ of agents for the United Railroads. The reason for the character of his advice and suggestions was then apparent.
At none of the Ford trials did the defense attempt to meet the evidence which the prosecution presented. At the third trial, the prosecution called President Calhoun and Abe Ruef[319] to the stand. But both declined to answer. The disposition of the $50,000 in currency in small bills, and of the $150,000 in currency in large bills, which passed into General Ford’s hands, at the time that currency of this exact amount and description passed into the hands of Abe Ruef, $85,000 of which Ruef distributed among the Supervisors for voting for the United Railroads trolley permit, continues as great a mystery as it was on the day that the first Ford trial opened. Ruef at the time of his plea of guilty to the extortion charge, and five years later in the story of his career published in the San Francisco Bulletin, admitted that the $200,000 that on Calhoun’s order was turned over to Ford was soon after paid to him (Ruef) because of the granting of the trolley permit. The $85,000 that Gallagher divided among the Supervisors on account of their granting this permit, Ruef has stated in his several confessions, came out of this Calhoun-to-Ford, Ford-to-Ruef $200,000.
And in California there are many who hold that in this instance, at least, Ruef is telling the truth.
CHAPTER XXI.
The San Francisco Election of 1907.
Scarcely had the prosecution overcome the delaying tactics of the defense, and forced graft cases to trial, than District Attorney Langdon had to defend title to his office at the polls.
Langdon had taken office in January, 1906. His term was to expire in January, 1908. The municipal election, at which Mr. Langdon’s successor was to be elected, was to be held in November.
At that time was to be elected besides the District Attorney, the Mayor, Supervisors and practically all the other municipal officials.
The old convention system of naming candidates for office still prevailed in San Francisco. However, California had even then entered upon the struggle of throwing off the yoke of machine domination through the convention system of naming candidates. The delegates to the several conventions had, under primary law provisions, to be elected at the polls.
San Francisco was divided upon one issue—that of the Graft Prosecution. The opposition which years of adverse publicity was to develop, did not then confront those who were standing for vigorous prosecution of the corrupters of the municipality. But under the hammering of an adverse press, and the claquer’s systematic belittling, the graft defense had made gains sufficient to give it at least a fighting chance at the polls.
On the side of the defense, too, was the solid support of the powerful Southern Pacific Company, and of the various public service corporations, as well as the purchasable press. On the side of the prosecution stood the people of San Francisco, not yet worn out, nor misled, nor yet alienated from the policy of vigorous prosecution of the corrupters of the municipality. The people recognized that effective continuance of the prosecution required that Mr. Langdon be re-elected.
That the action of the prosecution in making Taylor Mayor, might be endorsed at the polls—thus receiving the stamp of public approval—Mr. Taylor’s election became quite as important as that of Mr. Langdon. The same was true of those of the Taylor-appointed Supervisors who became candidates for election. But the contest waged about the election of Taylor and Langdon.
Such was the issue which confronted San Francisco at the 1907 election.
There was but one issue. There were, however, three prominent political parties, Union Labor, Republican and Democratic. None of the three could be called the prosecution party, nor for that matter, the defense party; nor had any faction of any of the parties the temerity to declare against the prosecution of those trapped in corruption, however vigorously opposed to the prosecution this or that faction might be. But each of the three parties did divide on the question of the election of Langdon and Taylor.
Broadly speaking, the supporters of the prosecution in all parties demanded that Taylor and Langdon be nominated. The opponents of the prosecution, while declaring loudly for the prosecution of all offenders against the law, labored for their defeat. On this issue, not always clearly defined, the intraparty factions met at the primary polls. The prosecution, therefore, had three independent political fights on its hands.
Langdon had been elected by the Union Labor party. Taylor was a Democrat. But in the confusion of the times the principal primary fight was within the Republican party.
The Republican opposition to those roughly described as “pro-prosecution,” found expression in the remnants of the old-time machine—generally called Herrin—element. At its head were many of the experienced machine leaders. The Republican pro-prosecution forces were at first without definite leadership. But in this emergency most effective leadership developed.
Daniel A. Ryan, a young “Irish-American,” came to the fore as captain of the reform forces within the Republican party.
Ryan is of the highest type of his race, as developed under the advantageous conditions to which the immigrant and his descendants have, in these United States, been admitted. Well educated, forceful, a brilliant speaker, effective as an organizer, a lover of the political game, Ryan was soon the recognized leader of the new movement.
He was trusted implicitly. The selection of candidates for convention places was left largely in his hands. Under Mr. Ryan’s leadership the fight for effective continuation of the Graft Prosecution was carried on within the Republican party.
The division in the Union Labor party was scarcely less pronounced. The party, roughly speaking, divided with P. H. McCarthy heading the anti-prosecution side, and men of the type of Walter Macarthur, one of the founders of the party, leading the forces supporting Langdon and his associates.
But here again there was most confusing division. Thomas F. Eagan, chairman of the Union Labor Party County Committee, for example, was quoted within a week of the primaries, as announcing: “Schmitz is an ideal candidate (for Mayor). If available, he would be nominated by the delegates that will be elected on the regular Union Labor ticket.” Nevertheless, Mr. Eagan was unalterably opposed to Mr. McCarthy heading the ticket.
The Democratic division was less pronounced than in either the Republican or Union Labor party. The side favoring Taylor, without much reference to Langdon, went to the primary polls under the regular Democratic leadership, with Thomas W. Hickey, chairman of the Democratic County Central Committee, at its head. Prominent in the opposition was Lewis F. Byington, who had preceded Mr. Langdon as District Attorney. Mr. Byington was brother-in-law of General Tirey L. Ford, even then under trial for bribery, and one of General Ford’s attorneys.
In the confusion of these many-sided contests, the defense had its best opportunity for success. But the result, so far as the Democratic and Republican parties were concerned, was overwhelmingly successful for the prosecution.[320]
Of the delegates to the Republican convention the Ryan (pro-prosecution) forces elected 142, the “Herrin” (anti-prosecution) forces 7 only. Of the 164 delegates to the Democratic convention, 161 were elected by the regular (pro-prosecution) element, and 3 by the Byington (anti-prosecution) side. The popular vote within these parties was scarcely less pronounced.[321] On the other hand, within the Union Labor party the anti-prosecution forces were overwhelmingly successful, the McCarthy faction electing 185 delegates and the forces led by Walter Macarthur and his associates 13 only.
Under the alignment, it was expected that the Republicans and Democrats would unite without hesitation upon Taylor and Langdon, leaving the cause of the indicted corporation managers to find expression in the Union Labor party platform and candidates.[322]
But scarcely had the primary returns been made public than the San Francisco Call, generally regarded as staunchly on the side of the prosecution, brought confusion upon the pro-prosecution element, by suggesting the candidacy of Mr. Ryan for Mayor and belittling the candidacy of Mayor Taylor.
“Ryan,” said The Call through its political representative, Mr. George Van Smith, “has not sought and is not seeking the Republican nomination for Mayor. He may have it forced upon him and find himself the recipient of similar endorsement of his powers as a boss-buster, from the Democratic organization.”
The Call, in the same issue, hinted that the Democrats might not nominate Taylor. Without a Democratic nomination, Taylor could not expect nomination at the hands of the Republicans.
“That the Democrats will nominate Mayor Taylor,” said The Call, “is more than doubtful. Mayor Taylor was drafted into the city’s service. He has not given any indication of a desire to serve the city as the head of its government after the time when a popularly selected successor could be qualified. If the Democrats do not nominate Dr. Taylor, the Republicans would scarcely be expected to do so. The fact that the men who will make up an almost exclusive majority of the Republican convention seem to be committed to the idea of nominating Ryan appears to preclude the nomination of Taylor by either party.”
The source of The Call’s information is not apparent. Up to the time of the publication of its article, August 15, there was no sentiment in San Francisco for the election of Mr. Ryan to the Mayoralty. On the contrary, the understanding was that Mr. Ryan had entered the contest from motives of good citizenship only, and that he was in no sense a seeker of office for himself.[323] Such had been the understanding during the primary campaign; such was the sense of the community after the primary vote had been cast.
All recognized, however, that Mr. Ryan was in a position of great power. He had been trusted implicitly. The selection of anti-Herrin candidates for delegates had been left largely in his hands. Few thought, however, that he had selected delegates for the purpose of giving himself the Republican nomination for the Mayoralty. Then, again, aside from the confusion his candidacy would work in the ranks of the anti-Herrin, pro-prosecution element, Mr. Ryan, while a pleasing young man and clever politician, it was generally recognized had few qualities usually looked for in the Mayor of a community of half a million people.
To add to the confusion, The Examiner, which was now in active opposition to the prosecution, came out strongly against Mr. Ryan’s candidacy, denouncing it as “a grotesque piece of effrontery.” “For the primary leader,” said The Examiner, “to appropriate the office to himself, is like the agent of a charity fund determining that he is the most worthy object of the charity, and putting[324] the money in his own pocket.”
But Ryan’s candidacy was not to be defeated by adverse criticism. Mr. Ryan had been largely instrumental in selecting the Republican delegates who were to name the candidates. Besides, he had the clever support, in its local columns at least, of the San Francisco Call. He had about him a number of enthusiastic young men who were ambitiously active in urging his candidacy.
“Every time the Taylor boomers gain a man they lose one,” announced Perry Newberry, Secretary of Mr. Ryan’s organization, and Ryan’s right-hand man. “As far as the Republicans are concerned Daniel A. Ryan is as good as named. It will be Ryan, not Taylor, who will sweep the city.”
With the advocacy of Ryan’s candidacy, came quiet, systematic opposition to the nomination of Langdon.
With Mr. Ryan and his associates in control of the convention that was to nominate, it began to look as though the victory which the pro-prosecution Republicans, under Mr. Ryan’s leadership, had won at the primaries, was barren indeed.
Among the Democrats, the opposition to Langdon and Taylor was even more discouraging. Langdon had been candidate for Governor two years before on the Independence League ticket. Theodore A. Bell had had the Democratic and Union Labor nominations. Bell had been defeated by a plurality. Bell ascribed his defeat to Langdon. The so-called Bell Democrats accordingly made this an excuse for objecting to Langdon.[325] As to Taylor, with the ability of the forces at work to defeat the prosecution considered, opinion gained daily that the failure of the Republican convention to nominate Taylor, would be followed by a refusal of the Democrats to give him nomination.
Thus with the supporters of the prosecution overwhelmingly successful at the Republican and Democratic primaries, there was grave danger that their purposes would be set aside by political manipulation.
But at this crisis a new element was injected into the situation.
Citizens who stood for enforcement of the law hastily formed a non-partisan organization to uphold the hands of the prosecution.[326] They called their organization the Good Government League. Taking for their motto “CITIZENSHIP ABOVE PARTISANSHIP,” they boldly announced their support of Langdon for District Attorney, and of Taylor for Mayor.
The attitude of San Francisco toward the Graft Prosecution was shown by the reception given the new organization. Citizens by the thousands sent in their application for membership. Funds for the purposes of the campaign were forwarded by men in all walks of life.
The Democratic leaders were the first to appreciate the significance of the reception given the new movement. What was practically a combination between the two forces resulted. This insured the nomination of Langdon and Taylor by the Democrats. It also assured the nomination of Langdon by the Republicans, for after the stand taken by the Good Government League, for either Republican or Democratic party to have rejected Langdon would have been an exhibition of “poor politics.” But Ryan still controlled the Republican convention. The Republican convention nominated Mr. Ryan for Mayor.
Mr. Ryan’s nomination was not accomplished without protest. The citizens who attended the convention as spectators were overwhelmingly for Taylor. Taylor received 53 out of the 148 convention votes, 95 being cast for Mr. Ryan. The minority charged that in the nomination of Mr. Ryan, the Republicans of San Francisco had been betrayed, and that they would not be bound by the nomination nor support the nominee.[327]
The Union Labor party, following out its policy of opposition to the prosecution, nominated P. H. McCarthy[328] for Mayor, and Frank McGowan for District Attorney.
The planks of the several parties dealing with the prosecution were characteristic of the conventions from which they issued.
The Union Labor plank definitely pledged its candidate for District Attorney to prosecution of the Supervisors who had confessed to bribe-taking although it had been clearly pointed out that such prosecution would bar effective prosecution of those responsible for the bribe-giving.[329]
The Republican plank left the reader in doubt as to whether or not the delinquent Supervisors were to be prosecuted. The Democratic plank alone pledged unqualified support to the prosecution “in any effort it may make to convict any guilty person.”[330]
The new alignment which followed the clearing of the atmosphere by the nomination of candidates, and the adoption of platforms, involved some astonishing changes.
The Examiner, which, on September 19, preceding the nominations, had described Mr. Ryan’s candidacy as “a grotesque piece of effrontery,” and compared him to the custodian of a trust fund who puts the money in his own pocket, announced its support of Mr. Ryan for Mayor. On October 20, a month and a day after publication of the custodian-of-a-trust-fund editorial article, The Examiner “unhesitatingly recommended to all the voters of San Francisco,” Mr. Ryan, “as the man best qualified to be the next Mayor of the city.”
On the other hand, The Call, which was the first to suggest Mr. Ryan’s candidacy, describing him a heroic young “boss buster,” to whom the Democrats could logically turn for a mayoralty candidate, after his nomination, described him as “a cheap politician itching for office,”[331] whose candidacy was the one element which threw a doubt upon the election of Mayor Taylor. Following the conventions, The Call supported Taylor as against the field.
The Chronicle tactfully refrained from taking sides until after the nominations were announced.[332] Then The Chronicle gave support to Taylor. If the shifting policy of the newspapers had raised a doubt as to where the people of San Francisco stood on the issue, that doubt was dispelled by the opening meeting of the Taylor-Langdon campaign. The largest auditorium in San Francisco was packed to the doors,[333] with citizens whose one purpose, expressed by approving cheers every time the subject was mentioned, was support of the prosecution which had broken up the Schmitz-Ruef organization, and which bade fair to bring to book the corrupters of the municipal government.
The meeting was thoroughly representative. Labor touched elbows with capital. Among the speakers were representative Labor Union leaders, who had definitely broken with the Union Labor party.
“It is inconceivable to me,” said Walter Macarthur, one of the organizers of the Union Labor party, in a ringing address, “that any honest thinking labor man would stand for the proposition that those men who have debauched the officials of our city should go scot free while the victims of their cupidity be sent behind the prison bars alone. I believe that labor will join with all honest people in declaring that if the corrupt bribe-taker is punished the man who is at the head of this corruption must be punished also. That is the issue of this campaign and I believe that election day will prove the virtue of my faith.”
That the contest for the District Attorney’s office overshadowed in importance the mayoralty fight was fully recognized. The Union Labor party, which had nominated and elected Langdon in 1905, had repudiated him, and named Frank McGowan as Langdon’s only serious opponent. The Republicans and Democrats, who had under a fusion arrangement in 1905 opposed Langdon’s election; united, in 1907, to fight for his continuance in office. The public service corporations, especially those whose officials were under indictment, generally opposed Mr. Langdon’s election, and supported the candidacy of his Union Labor party opponent.
This was particularly astonishing in the case of the United Railroads, whose president, Mr. Patrick Calhoun, was even then posing as a “labor union buster,” while the United Railroads was very effectively grinding to pieces the San Francisco Carmen’s Union.[334]
Nevertheless, there was certain consistency in the political course taken by the United Railroads. Whatever the differences President Calhoun, in his role as a “union buster,” may have had with the labor union, there was much in common between him and the San Francisco Union Labor party as headed by Mr. McCarthy.[335] President Calhoun and his company opposed the prosecution vigorously. Mr. McCarthy and his party went quite as far in this opposition. President Calhoun was most emphatic in his denunciation of those who had made the graft prosecution possible. Mr. McCarthy was scarcely less emphatic in his denunciation. Indeed, Mr. McCarthy opened his campaign with an attack upon the graft prosecution. Inasmuch as the one issue before the people was the continuance of the graft prosecution along the lines that had proved so distasteful to Mr. Calhoun and those in the same predicament as himself, the support of the Union Labor party candidate for District Attorney by a union-labor-busting corporation was not entirely inconsistent.
And yet, Mr. McGowan, the Union Labor party candidate, definitely pledged himself to continue the prosecution, but he promised that the prosecution which he would carry on should not “disturb business,” that Heney[336] should no longer be retained as special prosecutor, that the Supervisors who had confessed to bribe-giving should be prosecuted[337] as well as those who had given bribes.
This last was one of the chief arguments advanced in support of Mr. McGowan’s candidacy. On the ground that a mistake had been made, if a wrong had not been done, when the Supervisors were granted immunity,[338] it was urged that Mr. Langdon should not be continued in the District Attorney’s office.
The election returns[339] were conclusive of San Francisco’s attitude on the several issues raised. Taylor was elected Mayor, with a clear majority of 415 over all his competitors. Langdon’s majority over all competitors, including the Socialist candidate, was 13,510, his plurality over McGowan being 14,808. And with the election of Taylor and Langdon[340] were elected all the Good Government League candidates for Supervisors.
The Graft Prosecution had successfully passed another crisis. It had, too, received overwhelming endorsement of The People at the polls.
CHAPTER XXII.
Higher Courts Free Schmitz and Ruef.
On January 8, 1908, the municipal officials elected with Mayor Taylor assumed the duties of their office. That day, Ruef was taken from the custody of the elisor and locked up in the county jail. In the jail with him were Schmitz, convicted of the extortion charge to which Ruef had pleaded guilty, and Glass, who had been convicted of bribery.
The following day, January 9, the Appellate Court, for the First District, handed down a decision in the Schmitz extortion case, which, later sustained by the Supreme Court, unlocked the prison doors not only for Schmitz, but for Ruef also.[341]
The decision was the first serious setback in the graft cases that District Attorney Langdon’s office had received.
The prosecution had prevented Ruef seizing the District Attorney’s office; had defeated the efforts of the defense to have the indicting Grand Jury declared an invalid body; had overcome the resistance of the defendants to facing trial jurors; had, after meeting the clever opposition of the best legal talent obtainable for money, forced trials before juries and secured convictions; and finally, the prosecution had met the defense before the larger jury of The People, and, at the polls, had won again. But, with a stroke of the pen, the Appellate Court swept aside the greater part of the accomplishment of fifteen-months struggle against corruption. The court found the indictment under which Schmitz had been convicted of extortion to be insufficient and ordered the defendant to be discharged as to the indictment.
In as much as Ruef, Schmitz’s co-defendant, indicted jointly with him for extortion, had plead guilty to the same indictment as that under which Schmitz had been convicted, the effect of the decision was to free Ruef as well as Schmitz.
Before passing upon the sufficiency of the indictment, the court took occasion to deal with the points of error as raised by the defense. On five principal points the court found that error had been committed.[342] On this showing, the case could have been sent back to the Superior Court for re-trial. In that event, Ruef’s status would not have been affected. But the court went back of the trial to the indictment, on points raised in the defendant’s demurrer, found for the defendant, and held the indictment to be insufficient.
In the discussion of the decision which followed, criticism was confined almost exclusively to the court’s rulings on the sufficiency of the indictment. The point raised was that the indictment did not state facts sufficient to show that any public offense had been committed.
The court held in effect that the facts presented did not, under the definitions of the California codes, constitute the crime of extortion.
In the California Penal Code[343] extortion is defined as “the obtaining of property from another, with his consent, induced by a wrongful use of force, or fear or under color of official right.” The section following[344] defines “Fear such as will constitute extortion may be induced by a threat either: (1) to do an unlawful injury to the person or property of the individual threatened, or to any relative of his, or member of his family.”
The court found that the threat which induced the fear in the Schmitz-Ruef extortion cases, was a threat to prevent the parties from obtaining a liquor license, and thus to prevent them from carrying on the business of selling wines and liquors at retail. A license to sell liquor, the court showed, is not property in the ordinary sense of the word,[345] but a mere permission, and the license is but the evidence that the permission has been given by the proper authorities. “There is grave doubt,”[346] the court held, “as to whether a threat to prevent a party from obtaining a permission or license by one who has no authority in the premises, is a threat to injure property within the meaning of the sections quoted.”
But the court found it unnecessary to decide this question, for the reason it held the indictment insufficient “because it does not allege nor show that the specific injury threatened was an unlawful injury.”[347]
To the man on the street, the reading of the opinion conveyed the impression at least, that according to the Appellate Court, when Schmitz had shown his power to prevent the French Restaurants getting their licenses, thus endangering investments valued as high as $400,000, and Ruef because of the fear engendered by this showing, acting with Schmitz, had secured large sums of money from the enterprises thus threatened, the crime of extortion had not been committed.
The decision was received with protest[348] and denunciation. The Call dubbed it “bad law, bad logic and bad morals.” “Any ordinary intelligence,” said The Examiner, “would construe the threat to take away a license to sell liquor from a restaurant unless a certain sum of money was paid as the plainest kind of extortion.”
“When,” said Dr. William Rader of Calvary Presbyterian church, in a sermon preached on the evening of the Sunday after the decision was made public, January 12, 1908, “extortion is not a crime, when bribery is not even a wrong, when a confessed felon can learn that he is really righteous, and that his trial, confession and conviction have all been nothing but a mistake—a slight mistake—I repeat that however correct this may be legally and ethically, it has the effect of making us stand amazed at the rapid revolutions of the legal wheels. Perhaps tomorrow we shall learn that this last decision has been a mistake, too. I hope so; I believe so.”
“We of this city,” said Rev. Dr. Evans at Grace Episcopal Cathedral, “are dumbfounded by a judicial pronouncement which enables the high officials of our city to rob and plunder without any technical breaking of the law. It is enough—such an audacious mockery of the first principles of common sense—to justify the appointment of a lunacy commission to inquire into the sanity of men who could formulate such a judgment and it ought to provoke an explosion of righteous indignation from one end of the State to the other. We need not hesitate to declare that such an opinion as this has its inspiration in that place where public sentiment without a single dissenting note would give it its unanimous approval.”
The decision did not immediately release Ruef and Schmitz. The prosecution had still an appeal to the Supreme Court for a re-hearing and, pending such an appeal, the defendants remained behind the bars. This delay annoyed those interested in seeing the graft defendants go free. Stories were circulated that the prosecution would not appeal. But the prosecution did appeal. Three months later, the Supreme Court rendered its decision.[349]
The decision was against the prosecution.
“The (Supreme) court is unanimous in the opinion,” the decision read, “that the District Court of Appeal was correct in its conclusion that the indictment was insufficient, in that it did not show that the specific injury to the property of the restaurant-keepers threatened by the defendant was an ‘unlawful injury.’”
The Supreme Court went a step further than the Appellate Court had done and attacked the indictment on the ground that it had not set forth that Schmitz was Mayor at the time of the alleged extortion, nor that Ruef was a political boss practically in control of the municipal government.
The prosecution in its application for a rehearing had set forth that “it will be found and decided by this court that levying blackmail upon licensed businesses by the Mayor and the political boss of a metropolitan community is a crime under the law of California and should not go unwhipped of justice.”
This observation was denounced in the Supreme Court’s decision as “a gross misstatement of the case and of the question to be decided as presented by the indictment.”
“We again emphasize the fact,” reads the opinion, “that the indictment does not aver that Schmitz was Mayor, or that Ruef was a political boss, or that either of them had any power, or influence, or control over the Police Commissioners, or that they threatened to use such power, influence or control in preventing the issuance of a license.”
The storm of protest with which this opinion was received was even greater than that which followed the Appellate Court decision. Once more did press, pulpit and public, from one end of the State to the other, join in expression of indignation.
The court in return insisted that it was misrepresented and misunderstood. Chief Justice W. H. Beatty essayed the task of writing an explanation of the ruling, that “the man on the street” might understand.
The Chief Justice’s article appeared in the Sacramento Bee of April 29, 1908.[350] Again was the omission from the indictment of the fact that Schmitz was Mayor and Ruef a boss, emphasized.[351] And again, it may be added, did the stupid man on the street fail to understand. In fact, disapproval of the decision continued. Heney attacked it respectfully in tone, but with sharp criticism.[352]
James M. Kerr,[353] in his Cyclopedia Penal Code of California, published in 1908, declared in effect that in the Schmitz decision the Supreme Court of California formulated bad law and advocated bad pleading.
As for Ruef’s position as a political boss, Kerr contended, it was merely a matter of evidence, and not a matter to be pleaded. “The Supreme Court,” concludes the law writer, “seems to lose sight of the fact that the crime of extortion in this State is not confined to persons in office and exercising official influence.”
Dean John H. Wigmore of the Northwestern University School of Law, and author of the standard work, Wigmore on Evidence, in a crushing criticism of the decision and the various documents in the case, charged the Chief Justice with being “plainly inconsistent.”
“The truth is,” said Dean Wigmore, “that the learned Chief Justice in endeavoring to support his decision weaves a logical web and then entangles himself in it.”[354] The moral of the Schmitz decision is, Dean Wigmore concludes, “that our profession must be educated out of such vicious habits of thought.”
The extravagance of the criticism of the decision was more than equaled by the claims made by the opposition to the prosecution, of its effect upon the status of Schmitz and Ruef.
“Schmitz,” said a writer in The Chronicle, “is now thoroughly exonerated of the charge of having squeezed money from Malfanti, the French-restaurant man.”
However this may have been, the practical result of the decision was that both Schmitz and Ruef, with no convictions against them, by furnishing bonds in the bribery cases, were able to walk out of prison.
Schmitz did not return as a prisoner. Ruef enjoyed his liberty until November, 1908.
CHAPTER XXIII.
The Defense Becomes Arrogant.
The prosecution’s reverses in the Appellate and the Supreme Courts were followed by startling changes of policy on the part of the defendants.
The officials of public service corporations, who by every technical device within the ingenuity of the best legal talent that could be purchased, had for months resisted trial, suddenly became clamorous for their trials to begin. Abe Ruef, who had been counted, by the public at least, as friendly to the prosecution, openly broke with the District Attorney and his associates.
President Calhoun of the United Railroads, who had been in the East, returned to San Francisco demanding trial. The San Francisco Examiner, now openly opposing the prosecution, announced this new move to be a bomb-shell thrown in the prosecution’s camp. Nevertheless, The Examiner could not entirely conceal the astonishment caused by the defense’s new policy.
“Just what has brought about this change in Calhoun’s attitude,” said the Examiner in its issue of January 28, 1908, “was not explained yesterday. Tactics of evasion, motions of obstruction, and every other artifice known to legal legerdemain to stay proceedings have heretofore been the accepted etiquette of the graft defendants, and conspicuously that of Patrick Calhoun.”
The Call, supporting the prosecution, boldly charged that the graft defendants were in treaty with Ruef.[356] And this view the District Attorney’s office was finally forced to accept.
No sooner had the decision of the Appellate Court been made public than Ruef clamored for dismissal of the extortion charge to which he had plead guilty, but which the higher court had decided in the Schmitz case did not constitute a public offense. In this Ruef was backed by Rabbis Nieto and Kaplan.
Ruef, after the Schmitz-Ruef officials had been swept out of office, had been confined in the county jail. From the day of his jail imprisonment the two Rabbis besought the District Attorney day and night[357] not to force the broken boss to remain behind the bars.[358]
Langdon, not having decided at the time to appeal from the Appellate Court decision to the Supreme Court, finally yielded to the importunities of the two clergy-men and stated to Judge Dunne that Ruef wanted to make a motion to withdraw his plea of guilty in the extortion case. Judge Dunne replied that he would not consider such motion.[359]
This closed the incident so far as dismissal of the case before the Supreme Court could pass upon it, was concerned. But it did not stop Ruef’s insistence that not only should he be allowed to withdraw his plea of guilty, but that he be given complete immunity from prosecution of all the charges against him.
Langdon, even before he had spoken to Judge Dunne about permitting Ruef to withdraw his plea, had become convinced, as Heney had become convinced long before, that Ruef was not playing fair with the prosecution. Ruef, when confronted with charges of holding back evidence, shifted and evaded, until Langdon, losing patience, charged him with falsehood.
About the middle of January, evidence came into Langdon’s possession[360] which convinced him beyond a shadow of a doubt that Ruef, instead of observing the immunity contract, was, as a matter of fact, dealing with and assisting his co-defendants, advising them of every move.
Langdon[361] at once called Ruef before him and notified him that the immunity contract was canceled.[362]
The abrogation of the immunity contract brought open break between Ruef and the prosecution. Ruef set up claim that under his immunity contract all the graft cases were to be dismissed against him, including that under which he had plead guilty to extortion. He insisted that he had lived up to his part of the agreement and charged that the prosecution was breaking faith.
In this position, Ruef was backed up by Rabbis Kaplan and Nieto, who for months had been clamorously active in his behalf. Indeed, long before the open breach had come, so persistent had the Rabbis become in their insistence that Ruef be released, that Heney had found it necessary to request Kaplan to remain away from his office.[363] When Ruef finally broke with the prosecution, the two Rabbis were to the fore backing up his contention that the prosecution was not keeping faith with him.[364]
Kaplan soon after filed an affidavit setting forth that under the agreement with the prosecution, Ruef was to have had complete immunity, and be allowed to withdraw his plea of guilty in the extortion case. Later on, Nieto, “Ruef’s diplomatic middle man,” as he was called, filed an affidavit to the same effect. Ruef, on his part, filed a voluminous affidavit, purporting to cover all his transactions with the prosecution, in which he not only set up the claim that he was to have been given complete immunity but alleged that Langdon, Heney and Burns, were guilty of subornation of perjury in having endeavored to get him to swear falsely against Schmitz and Ford.
Rabbis Kaplan and Nieto, in their affidavits gave versions of the meetings with Judges Dunne and Lawlor, when the Judges stated their confidence in the District Attorney and his assistants, which differed from the accounts contained in the affidavit of Heney and the judges.[365] This brought the trial judges as well as the assistant prosecuting attorney into the controversy.
The members of the Grand Jury that had indicted the graft defendants had already had their trials in open court;[366] petit jurors and witnesses had, in effect, been on trial also. And now District Attorney and trial judges were placed on their defense.[367]
Other graft defendants joined in the upholding of Ruef and the denunciation of the prosecution. Adverse newspapers joined in the cry of unfairness and hinted at worse. The story became current that no appeal would be made from the Appellate Court’s decision in the Schmitz case to the Supreme Court. Another story had it that the prosecution was breaking down, that the situation had become so complicated that no other trials could be had.[368]
On the other hand, the outcry did not in the least shake the faith of the citizens who were insisting upon the crushing out of corruption at the State’s metropolis. Colonel Harris Weinstock, one of the largest merchants of the State, in a ringing address condemned the efforts made to discredit the prosecution.[369] The same position was taken in pulpit, club room and street discussion. From all parts of the State resolutions and memorials were sent the prosecution approving and upholding its work.[370] And doggedly the prosecution proceeded to justify the expressions of confidence in its singleness of purpose and in its ability to cope with the tremendous odds brought against it.
The immediate indictments about which the controversy raised by Ruef’s claim for immunity centered were those in the United Railroad cases. The prosecution accordingly went before the Grand Jury then sitting—the Oliver Grand Jury which had brought the original indictments had long since adjourned—and secured three indictments against Ruef, Calhoun and Ford for the bribery of three Supervisors, Furey, Nicholas and Coleman.
In these indictments every technical error which the ingenuity of the defense had brought out was eliminated. The new indictments were not secured because the prosecution regarded the objections as having merit, but that the District Attorney’s office might be prepared to meet any emergency which might arise.[371]
The next step was to bring Ruef to trial. The prosecution selected the indictment under which Ruef had been brought to bar for offering a bribe to Supervisor Jennings Phillips to vote for the Parkside street railroad franchise.[372]
Prospect of immediate trial made a different man of Ruef. He was at once seized with the panic which had come upon him when the jury had been completed to try him on the extortion charge. He begged for time. He insisted that he was without counsel. He asked for three weeks, a week, even two days.[373]
Then came an entirely new technical defense based upon the immunity contract. Ruef alleged that he had been deprived of his constitutional rights as a defendant, by following the set program outlined in the contract. But here Ruef had over-reached himself. He had on January 31 entered a plea of not guilty in the Parkside case, the case on trial. The District Attorney had abrogated the immunity contract thirteen days before, on January 18. Whatever technical advantage Ruef may have had because of the immunity contract was forfeited by his plea of not guilty after its annulment.
His attorney gravely contended, however, that Ruef—one of the shrewdest practitioners at the San Francisco bar—was without legal counsel when he had entered his plea, and that he had therefore innocently foregone his constitutional rights. This contention provoked a smile even from Ruef’s partisans. The point was not urged further.
Seeing that trial could not be warded off on technicalities, Ruef endeavored to disqualify Judge Dunne, the trial judge. But this move proved premature. Judge Dunne was about to go on his vacation and Judge Dooling,[374] a Superior Court Judge from the interior, was called to sit in Judge Dunne’s stead. Ruef thereupon proceeded to disqualify Judge Dooling. He alleged that Judge Dooling, as Grand President of the Native Sons of the Golden West, had signed an order expelling him (Ruef) from the order; he alleged further that Judge Dooling had attacked him in a speech at a banquet.
Judge Dooling, placed on trial as Judges Lawlor and Dunne had been, was forced to make defense. He denied in affidavits that he had ever specially mentioned Ruef’s name in any speech, but admitted that he might have said that any man guilty of crime should be expelled from the Native Sons order.
Ruef went to the Appellate Court for a writ of prohibition to prevent Judge Dooling trying the case. The Appellate Court denied his petition. Then Ruef went to the Supreme Court. Here again his prayer was denied. Thus, protesting as vigorously as a cat pulled over a carpet by the tail, was Ruef for a second time dragged to trial. The work of securing a jury to try him began.
Gradually, the jury box filled. But before it was completed there occurred an incident of the prosecution even more startling than the sending of cash books out of the State, the trailing of members of the prosecution by agents of the defense,[375] the disappearance of witnesses, the larceny of the prosecution’s records, or the attempted kidnaping of Witness Lonergan and Editor Older.
On the eve of taking testimony in the Ruef case an attempt was made to murder James L. Gallagher by dynamiting his residence. Gallagher was the pivotal witness against Ruef, as well as against Ford, then on trial.
In the Ruef case, Gallagher had taken word from Ruef to the Supervisors that there would be $750—later increased to $1000—for each of them if they granted the Parkside franchise. Without Gallagher’s testimony the case against Ruef would fall flat.
General Ford’s third trial was then in progress and well advanced. Here again, Gallagher was the pivotal witness. He had taken the trolley bribe money from Ruef to the Supervisors. He supplied the link between those who had been bribed, and Ruef. His testimony was indispensable if Ruef and Ford—then on trial—were to be convicted. His testimony was equally necessary in the cases against Calhoun, Drum, in fact all the graft defendants, except those who had dealt directly with the Supervisors.
The evening of the day following Gallagher’s testimony in the Ford case, but before he appeared at the Ruef trial, dynamite was exploded at the front doors of the house in which he was residing. The dynamite had been placed next to the dining room. Gallagher was at the time living at the home of W. H. H. Schenck at Oakland.
So violent was the explosion that the house, a frame building, was split in twain. A pillar from the porch was thrown 150 feet. In the building on the adjoining premises, every window was broken. The family had just completed the evening meal and a number of them were still seated around the table. The table was split from end to end. At the moment of the explosion, one of those in the house was showing a curious watch guard and had the watch in his hand. The watch stopped, thus fixing the exact time of the explosion, 7:30 P. M.
There were in the house at the time of the explosion, W. H. H. Schenck and wife, and three children, the youngest seven years old; Lieutenant Guy Brown of the National Guard; and Gallagher and his wife. Every one in the building was thrown down by the force of the explosion, but extraordinary to say, none of them was seriously injured. Gallagher and his wife were in an upper room of the building. The stairway was demolished, and Gallagher was obliged to lower his wife to the ground, getting down himself the best way he could.
A month later three buildings in Oakland belonging to Gallagher were destroyed by dynamite. Soon after this second explosion a young Greek, John Claudianes, was arrested and charged with the outrage.
Claudianes made full confession, involving his brother Peter as principal. Peter Claudianes was finally captured at Chicago. On his return to San Francisco he confessed,[376] stating that he had been employed by a Greek, one Felix Pauduveris,[377] to murder Gallagher. Felix Pauduveris fled the city and the police of the world have been unable to locate him. Peter Claudianes was convicted of the attempt upon Gallagher’s life, was sentenced to prison for life, and at present writing is confined in San Quentin prison.[378]
Quite as extraordinary as the attempted assassination of Gallagher was the indifference with which the outrage was received by the press that was supporting the graft defense.[379] The Chronicle condemned the outrage, but took occasion to denounce Gallagher.[380] The weekly press, however, treated the affair as something of a joke on the confessed bribe-taker.[381]
In the face of the ridicule of the graft-defense press, the dynamiting of witnesses, and the continent-wide hunt for the dynamiters, the Ruef trial went steadily on.
One incident of the beginning of the trial, because of the event that grew out of it, eventually proved even more important than the trial itself.
During the examination of jurors, an ex-convict, one Morris Haas, was discovered to have been sworn to try the case. Heney exposed him and he was excused from service.[382] The incident, compared with the other tremendous happenings of the time, was of small importance, but it was destined to lead to the greatest outrage of all the history of the prosecution, the shooting down of Assistant District Attorney Heney in open court. But for the time, Haas passed out of the graft cases and was forgotten.
The Ruef trial was not unlike the Ford trials. The courtroom was packed with detectives, agents and thugs employed by the various graft defendants.[383] There was the same hesitancy on the part of witnesses. At one stage of the proceedings Ach, Ruef’s chief of counsel, sneered that the State was having trouble with its own witness.
“Yes,” replied Heney, “The People have no witness—no volunteer witnesses. We merely produce them.”
When J. E. Green, president of the Parkside Company, who had authorized the payments to Ruef, refused to testify on the ground that he might incriminate himself, it looked as though the case was going against the prosecution. But Heney met this objection. He promptly moved the dismissal of the fourteen indictments pending against Green.[384] Ach objected, but the motion was granted. Green was left free to testify.
Green testified how he had sent his attorney,[385] Judge Walter C. Cope, to Ruef to find out what Ruef was after. Ruef wanted $50,000 to put the franchise through. Green testified that Ruef finally agreed to take $30,000, and was actually paid $15,000 on account.
G. H. Umbsen testified to having received $30,000 from the Parkside Company for Ruef and had paid Ruef $15,000, the balance being held until the deal should be consummated. In addition to this, the sorry manner[386] in which the company’s books had been juggled to cover up the transaction was shown by witnesses connected with the Parkside Company.
Ruef’s intimation through his attorney that the money had been paid as a fee was offset by testimony that the books had been juggled to cover up the payment to Ruef because Ruef was the political boss of the city, and it was believed that it would do the company no good if the fact of his employment were known.
Gallagher testified that he had been Ruef’s representative on the board; that Ruef had told him that the Parkside franchise was to be held up and delayed; that later Ruef had stated that each Supervisor would receive $750 because of the Parkside deal; that finally, after the fire, Ruef had told witness that the Parkside people wanted the franchise in a new form, and that the $750 to each Supervisor would be increased to $1,000; that he (Gallagher) had conveyed this information to the Supervisors. Supervisors testified to having been given the information by Gallagher.
Ruef offered no testimony. The jury was out forty-three hours. By a vote of 6 to 6 the jury failed to agree. Again a graft trial had ended in discouraging failure for the prosecution.[387]
After the disagreement of the jury in the Ruef Parkside case, to judge from most of the San Francisco public prints of the time, the prosecution was utterly discredited in San Francisco. But there is a surer means of estimating public opinion—namely, by the votes of the people.
Much of the graft defense’s abuse and vilification was heaped upon Judges Lawlor and Dunne, who had stood firmly for enforcement of the law regardless of who might be affected. Judge Dunne’s term as Superior Judge was to expire in 1909. He was, at the November election of 1908, a candidate for re-election.
Judge Dunne was frankly fought by the graft defense, and supported by those who approved the work of the prosecution. The Republican county convention refused to nominate him, and hissed his name. The Union Labor party convention received his name with a turmoil of hoots and jeers. A letter to the last-named convention from the Good Government League urging his nomination was thrown into the waste-paper basket.
On the other hand, when given opportunity for expression The People gave Judge Dunne encouraging endorsement. The Good Government League proceeded to have his name put on the ballot by petition. For the petition 1,765 signatures were required. Over 3,000 persons signed it the first day. The press—outside San Francisco—following the graft trials closely, was practically a unit in urging Judge Dunne’s return to the bench.[388] And in spite of the costly contest of his election, The People of San Francisco re-elected Judge Dunne.
Thus again were the contentions of the graft defense repudiated at the polls.
Another important endorsement of the prosecution came from the Board of Supervisors. The Supervisors provided in their annual budget $70,000 to meet the extraordinary expenditures because of the graft cases. Burns and the men who had theretofore been paid out of the fund controlled by Rudolph Spreckels, became regular municipal employees operating under the District Attorney.
The criticism of the defense had been that it was shameful that a privately-financed prosecution should be tolerated. Their cry now was at the shame of wasting the public funds on Burns and his staff. Action was instituted, through William H. Metson, to prevent the municipal officials paying Burns and his associates out of this fund. For months the salaries of those affected were held up. Although eventually the opposition to the prosecution lost in the contest, and the men were paid the amounts due them, the suit was an annoyance and a handicap.
But in spite of the tremendous opposition which the graft defense was working up, the prosecution went steadily on with its work. Ruef was put to trial for offering a bribe to Supervisor Furey to vote for the permit giving the United Railroads its overhead trolley franchise.
CHAPTER XXIV.
Jury-Fixing Uncovered.
From the beginning of the graft trials rumors of efforts to tamper with the trial jurors had been current. The failures of juries to agree in the face of what to the man on the street appeared to be conclusive evidence, lent more or less color to these reports. But it was not until Ruef’s trial[389] for offering a bribe in the over-head trolley transaction opened, that the jury-fixing scandal took definite shape. Then, came sensational exposures, involving indictments and trials for jury-fixing which for a time over-shadowed in interest the graft trials themselves.
Ruef’s trial for offering a bribe to Supervisor Furey to vote for the over-head trolley franchise, began August 27, 1908.[390] But nearly a month before, on July 31, District Attorney Langdon had been given definite information that an attempt had been made to bribe one of the talesmen who had been called for jury service at the Ruef trial. The talesman in question was John Martin Kelly, a real estate salesman.
The list of prospective jurors had been made public in July. Late on the afternoon of July 31, Mr. Langdon received a telephone message from Kelly requesting an interview, which was granted immediately.
Kelly told Langdon[391] that that afternoon he had been approached by a building contractor, E. A. S. Blake, and offered $500 if he would qualify on the Ruef jury and vote for acquittal.[392]
Langdon called in Burns. Burns advised Kelly to pretend to listen to Blake’s overtures, to insist that $500 was too little, and to demand $1000, to the end that Blake might be trapped and the jury-fixing, which all believed to be going on, be uncovered.
Kelly, co-operating with Burns, followed these instructions. In his dealings with Blake, Kelly insisted upon $1000 as the price of his services in Ruef’s behalf, which Blake finally consented should be paid him. The negotiations were carried on during August. Finally on September 3, Burns directed Kelly to step up to the bar of Judge Lawlor’s court where Ruef’s trial was proceeding, and tell his story.
As Kelly on that day approached the bar, during a lull in the proceedings, Ach, it is alleged, was heard to ejaculate to the little group about Ruef, “There she goes.”
Frank J. Murphy, one of Ruef’s attorneys, immediately jumped to his feet, and claimed the court’s attention.
“If your honor please,” said Murphy, “if that completes the examination of this panel and it is necessary to draw further from the box, there is a statement I desire to make to this Court which is based upon some reflection and upon the advice of the Presiding Judge of this court. Some several weeks ago, or about two weeks ago I should say, one of the jurors upon this panel sent to me indirectly and offered to accept money for his vote. Charges of bribery, of course, have been numerous in connection with this case, but this is the first instance that I have ever heard of in connection with this case or in connection with any other case that any juror has solicited a bribe, or has been offered a bribe. I consulted with Judge Sturtevant[393] about the matter on the 1st of September. I stated to him the facts in the case and he advised me that whenever the time became ripe for the juror to be called into the box that it was my duty to present it to this court. Now, the juror’s name is John Martin Kelly, and I was informed indirectly that Mr. Kelly solicited $1000 for his vote in this case, and the matter is of so much importance, your Honor, that I think an investigation should be had by this court before this case proceeds further, and if necessary the Grand Jury should look into this matter and give it a thorough and exhaustive examination. Now, if your Honor please, I don’t want to do Mr. Kelly an injustice. I would hesitate, if the Court please, to make a charge of that kind, but my informant is a man whom I have known but a very short time, and after a thorough examination by me of him, after eliciting from him every fact I could in connection with the case, I am induced to believe that he came with authority from Mr. Kelly to make this proposition to myself and one of the attorneys who was connected with one of the other cases. Now, if the Court please, under the advice of Judge Sturtevant, whom I consulted on the subject twice, I deem it my duty to call that to the attention of your Honor and if it is necessary to file any affidavit to set the machinery of this court in motion I am willing and ready to procure an affidavit to file so that a complete investigation may be had of this matter.”
Murphy’s statement created a sensation, which was more than duplicated by the statement made by Heney the moment after.
“If the Court please,” said Heney, “before Mr. Murphy takes the stand I have a statement to make. Mr. Murphy says that he discussed this subject on the 1st. I have in my pocket a statement dictated by Mr. Kelly—this is one of the most audacious pieces of business I have yet met with—I have a statement made by this juror on August 28, 1908, that is before Mr. Murphy bethought him to go and see Judge Sturtevant, in which this juror sets forth fully the fact that a man was sent to him to bribe him in this case, and this juror not only made that statement on August 28th, but this juror went to the District Attorney’s office, to Mr. Langdon, the other day, on July 31st, the day it was made, it is a long time now and he has been acting under the District Attorney’s advice ever since, and Mr. Murphy never saw fit to call your Honor’s attention to it until he saw Mr. Kelly come in the door there and anticipated from the fact that Mr. Blake was traced to Mr. Ach’s office yesterday that Mr. Kelly was about to state to your Honor that he wanted this matter investigated, and that an attempt had been made to bribe him, and that under the District Attorney’s advice he was going on to permit them to pay the money, if necessary, so that we might catch them in this act, and it is only because they have had occasion to suspect we knew it, that Mr. Murphy has the audacity to come in here and ask for an investigation. Now, we ask that Mr. Kelly take the stand and make the statement to your Honor that he came here for the purpose of making, and that Mr. Murphy didn’t say anything about until he saw him standing there ready to make it to your Honor. He jumped up as soon as he saw Mr. Kelly walk in here.”
After Heney had made his statement, Murphy took the stand and swore that Kelly, through Blake, had solicited a bribe of $1000 from Murphy to vote for Ruef’s acquittal. Nevertheless, Mr. Murphy, as well as Mr. A. S. Newburgh, another of Ruef’s attorneys, admitted under oath that they had suggested to Blake that he interview Kelly.[394]
Kelly took the stand and testified in a straightforward manner that he had been approached by Blake, that he had consulted with the District Attorney, and that a trap had been set to catch the alleged jury-fixer.
Detectives were sent out to notify Blake that he was wanted in court. But Blake could not be found. Later he was arrested as he was about to board an outgoing train.
Blake was found to be a poor man on the brink of bankruptcy. He had neither money, nor property. Nevertheless, attorneys[395] came forward to defend him; bonds were furnished him. The most powerful and wealthy defendant in the graft cases was not better served. But the best of legal service could not save Blake from indictment. Later, both Newburgh and Murphy,[396] Mr. Ruef’s attorneys, were indicted also, charged with corruptly attempting to influence a juror.[397]
Kelly, at Blake’s trial, told the same straightforward story which he had given at the original investigation. He was corroborated by his employer, and others. His testimony was most sensational. He stated, for example, that Blake had told him that it would be easy for him to qualify as a juror; that Ruef’s attorneys would try to make it appear that they did not want him, and that their examination would be so thorough that the prosecution would not ask a question. Blake had also told him, Kelly testified, that he need not worry; that some jurors had taken money for their votes in the former Ruef trial and had not been caught.
Blake was convicted. He was later sentenced to serve four years in the penitentiary. After Blake’s conviction, but before sentence was passed upon him, he sought out Attorney Matt I. Sullivan, one of the few prominent San Francisco attorneys who had kept free from entangling alliances with the graft defense. To Sullivan, Blake made confession[398] of his participation in the jury-fixing transaction. In his confession he involved Attorneys Murphy and Newburgh. Later, in open court, he made public statement of his participation.[399]
Blake in his statement in court set forth that he had become acquainted with Newburgh through having offices in the same building with him. He had, he said, met Murphy in Newburgh’s office. Newburgh had introduced them. Murphy, he stated, had shown him a list of prospective jurors, and had asked him if he knew any of them. He had told the lawyers that he knew John Martin Kelly. They had, Blake stated, got him to make an offer to Kelly, which he did. He had offered Kelly $500 and finally $1000. Kelly (acting under instructions from District Attorney Langdon and Burns) had finally agreed to take $1000. Blake testified that he had reported back to Murphy that Kelly would accept the money.
Following his arrest, Blake testified, his lawyers had come to him without his solicitation,[400] with the statement in explanation that they had come from a mutual friend. Blake stated that he had heard afterward that the “mutual friend” was Murphy and Newburgh. His bonds had been furnished without his stir, through his attorneys. Murphy and Newburgh, he claimed, had assured him they would do everything they could for him; that he need not worry; that they would provide for him and provide for his wife in case he were convicted.[401]
Continuing, Blake stated that after his conviction he had had a talk with Murphy. The general nature of the interview was that he had good ground for a new trial. “They said,” Blake testified, “‘when we get up to the higher court, it will be thrown out,’ or something of that kind.”
According to Blake’s statement, a fund of $10,000 was promised him and an agreement was made that his wife should be paid $100 a month during his imprisonment. Murphy, he said, showed him what purported to be promissory notes[402] aggregating $7500. The notes, he alleged, were made to Murphy and signed with Ruef’s name with the endorsement of Ruef’s sister and father. Blake was requested to select a representative to hold the notes. It was alleged that Blake named Martin Stevens, an attorney, as such representative.[403]
After Blake’s confession came the trials of Murphy and Newburgh. They did not differ to any great extent from the principal graft trials. There were the delaying tactics that had been characteristic of the graft cases; failure of jurors to agree; acquittals.
Murphy’s trial came first. There was against him the testimony of Blake and Kelly, corroborated at many points by other witnesses. Murphy made denial. In his defense, too, many witnesses took the stand to testify to his good character.[404] Murphy was acquitted.
Newburgh’s trial followed. The first jury failed to agree. It was stated at the time that the jury stood six for conviction and six for acquittal. At his second trial, Newburgh was acquitted.
But Blake was in jail under a four years’ sentence to the penitentiary. Astonishing as the revelations in the Blake jury-fixing case had been, they were to be overshadowed by the events of Ruef’s trial. Even as the city stood aghast at the evidence of jury tampering, Assistant District Attorney Heney was, during the progress of the trial, shot down in open court.
CHAPTER XXV.
The Shooting of Heney.
In spite of the sensational events following the trapping of Blake, the work of impaneling a jury to try Ruef went steadily on. After months of effort,[405] a jury was finally sworn to try the case.
Again the telling of the sordid story of the city’s betrayal commenced.
Gallagher, the pivotal witness, had begun his sorry recital. In the midst of it occurred what those who had followed the methods of the graft defense had long predicted.
Assistant District Attorney Heney was shot down.[406] The shooting occurred in open court during a brief recess.
Heney was seated at his place at the attorneys’ table talking with an assistant. The jury had left the courtroom. Gallagher had for the moment left the witness box and was standing a few feet from Heney waiting opportunity to speak with him. A few feet further away was Heney’s body guard. In the room were something more than 200 citizens waiting for the trial to be resumed. There was the usual confusion which attends a five-minute court recess. Court attaches, officials, attorneys, citizens were passing to and fro without hindrance.
The man who shot Heney had no difficulty in gaining access to the courtroom. He walked deliberately to the attorneys’ table, and before he was even noticed, had fired deliberately at the Assistant Prosecutor. The gun was held not more than six inches from Heney’s head. In an instant, Heney’s bodyguard was upon the assassin. But the bodyguard’s efforts came late. Heney, apparently mortally wounded, was lying unconscious on the floor, the blood gushing from a ragged hole in front of the right ear, just under the temple.[407]
Heney’s assailant was found to be one Morris Haas, an ex-convict, who had succeeded in securing a place on the jury at the former Ruef trial. Heney had exposed him.[408] When it was demanded of him why he had attempted to kill Heney, he murmured incoherently, that it was “for humanity’s sake.” Although closely questioned Haas would tell little of value to those who were seeking to get at the real motive behind the assault. He was thoroughly searched both by Detective Burns and Captain of Police Thomas Duke, and then taken to the county jail where he was closely guarded.
A short time before the shooting of Heney, Judge Lawlor had had attorneys of both sides before him to state that in his judgment, he should remand Ruef, who was out of jail under heavy bonds, to the custody of the Sheriff for the remainder of the trial. Shortly after this conference Heney had been shot down.
When the court had re-convened, and the jury had been dismissed for the day, Judge Lawlor carried out his intention and ordered the Sheriff to take charge of Ruef. The shooting had occurred on Friday afternoon, November 13. The court adjourned until the following Monday.[409]
Heney in the meantime had been taken to a hospital. There it was found that the wound was not necessarily fatal. The rumors current that Heney had been killed were denied. This tended to calm the excitement.
Nevertheless, San Francisco and all California were aroused as never before in the State’s history. In a twinkling, the results of months of misrepresentation, ridicule and abuse of the Prosecution were swept away. Haas’ bullet had not killed Heney,[410] but it had awakened the community to tardy realization of its responsibility.[411] Men who had laughed at the Examiner’s “Mutt cartoons“ ridiculing the Prosecution, now threatened to mob The Examiner office. Patrons of the defense-supporting Chronicle now voiced their utter condemnation of that paper. Thousands withdrew their subscriptions from the two publications. The time was ripe for the demagogue. An unpolitic word from the defense just then, an incendiary speech from some unwise partisan of the Prosecution, would have been sufficient to have sent a mob marching upon the jail in which Haas and Ruef were confined, or upon the residences of the indicted bribe-givers, or against the newspaper offices which for months had labored to make the Graft Prosecution unpopular.
There was a feeling that the criminal element was too powerfully intrenched to be reached through the ordinary legal channels. The feeling, which had subsided when the Graft Prosecution opened,[412] that the graft evil could not be corrected except by extra-legal means, was to some degree revived.
In this emergency, the leaders of the Graft Prosecution, by counseling moderation and observance of the law, did yeoman service in the keeping of good order in San Francisco.
The Citizens’ League of Justice[413] called a mass meeting for the Saturday evening following the shooting. Even in the call, the League urged there be no breach of the peace.
“Francis J. Heney,” the League’s call read, “has fallen by the hand of an assassin, shot from behind while fighting at his post in the cause of justice for the people of this city. He would be the first man to appeal to the calm reason of the citizens to preserve order and proceed only by the processes of law; to look not for vengeance, but to demand swift justice through the courts. We make the same appeal.”
Mayor Taylor presided at the meeting. Long before the hour set for the opening, the auditorium was packed to the doors, with thousands on the outside clamoring for entrance. Those in charge of the meeting were compelled to call it to order several minutes before they had intended.
Professor George H. Boke of the University of California Law School, and manager of the Citizens’ League of Justice, was to introduce Mayor Taylor. Several minutes before the time set for the meeting, the crowd started a cheer for Heney. The demonstration lasted for fully five minutes. Then some one started the cry, “Throw the Examiner out.” Hundreds half rose from their seats, their eyes bent upon the press table where representatives of The Examiner were seated.
Professor Boke at once grasped the significance of the movement, and acted on the instant. Stepping to the fore, he made a brief address introducing Mayor Taylor, thereby checking the threatened demonstration.
Mayor Taylor was quick to sound the keynote of the meeting. “Let us,” he said in introducing the first speaker, “see to it that no matter who else breaks the law, that we shall not break it.”[414]
Every speaker who followed the Mayor emphasized this. “Let us,” said the Rev. William Rader, “have heads which are cool and minds which are rational.”
“We stand in this fight,” said District Attorney Langdon, “for law and order. And I want to say to you and ask you to pass it on to your neighbors, that, as crimes have been committed, those crimes must be punished, but punished within the law. And I want to say further, that as the law officers of this city and county, we shall consider any man who expresses an opinion or sentiment that we ought to resort to measures extra-judicial, as an enemy of good government.”
“Why,” demanded James D. Phelan, “should we take violent steps? Is not San Francisco a great, civilized community? Are not our American institutions still intact? They are. And although in the early days of San Francisco the Vigilance Committee, an extra-legal tribunal, was resorted to for the purpose of correcting such abuses, we must remember that at that time we were a border State, at that time we were a mining camp. Only such a strenuous method would then have succeeded, because judges who were on the bench were elected by ballot-box stuffers, a council was elected in the same way. Crime was rampant, nobody was punished. Then the men of San Francisco organized a tribunal and gave an orderly trial to every offender whom they apprehended, and as a result this city was cleansed of crime and remained a model community for twenty years.
“But conditions now are different. It is true that within the last year there has been a feeling in this community that the criminal law had broken down, and that we could not, under the law, punish the offenders; and that the courts, the highest courts, abetted and aided criminals by the rankest interpretations, technical interpretations of the statutes. They refused to lean on the side of order and justice, and they have brought disgrace upon the judiciary of California, all over the world.
“But our civilization and our institutions are safe. That vote the other day, and the election of Judge Dunne, the election two years ago of Judge Coffey and Judge Lawlor, give us courage and confidence to believe that, under the constitution and the laws, we can win our battle if you only give us time, without any resort to violence; and we are willing, though one hundred days have passed, to pursue that work, because that is the only way we can do it under the constitution and the laws.”
When Rudolph Spreckels entered the building he was greeted with demonstration. He, too, while expressing great sympathy for his friend who had been stricken down, joined in counseling that nothing be done outside the law.
With the urging that no exhibition of mob-violence be added to the burden of the afflicted community, was given assurance that the Graft Prosecution should go on; that the laws should be upheld; that those responsible for the conditions which had been forced upon San Francisco should be brought to justice. Whatever danger there was of violence to members of the graft defense, vanished at that Citizens’ League of Justice mass meeting. At its conclusion, resolutions were adopted condemning the methods of the defense, declaring unwavering allegiance of those present to law, and pledging support in the cleansing of the city of grafters and boodlers.[415]
Another crisis had passed in San Francisco. The situation was not unlike that of two years before, when the clamor that drastic means be taken to free the city of Ruef’s domination, was silenced by announcement that Rudolph Spreckels had guaranteed a fund for the investigation of municipal conditions, and to prosecute those found to be guilty of corruption.[416]
But even as the citizens met in mass meeting another tragedy of the Graft Prosecution was enacted. Haas, under the eyes of policemen specially detailed to watch him, killed himself or was killed. With him died all hope of discovering who had urged him to avenge himself upon Heney.
Haas’ suicide, if it were suicide; or his murder, if it were murder; is one of the mysteries of the graft cases. He was shot with a derringer. The weapon was an inch through at the butt and 5-8 wide at the muzzle—certainly an easily discovered weapon by officers practiced in searching men. And yet, Haas had, before he was put in his cell, been thoroughly searched both by Captain Duke[417] of the police force and Detective Burns. The two officers are certain that Haas had no weapon upon him. And yet, one theory advanced by his keepers is that Haas had the derringer all the time concealed in his shoe. Another theory is that the derringer was smuggled in to him. But, with Haas under watchful eyes of special guards, by whom? Another theory, popular at the time, was that Haas had been murdered in his cell. But if murdered—or even if the derringer were smuggled in to him—what was the motive behind it? These are questions which, short of some death-bed confession, perhaps, are not likely to be answered.
Those who hurried to his cell at the report of the derringer found Haas dead. Whether he had shot himself or whether he had been shot, his lips were sealed forever.
On the Sunday following the shooting of Heney, most of the Protestant pastors of San Francisco made the attempted assassination the subject of their sermons. The same course was taken throughout the State generally. In the afternoon mass meetings were held in all parts of the State, at which resolutions were adopted condemning the methods of the defense,[418] and pledging support to the prosecution.
Telegrams[419] of condolence and of encouragement poured in from all parts of the country.
But in spite of this popular expression of sympathy, there were astonishing exhibitions on the part of the associates of those who had been indicted or nearly indicted because of the graft revelations, of feeling against Heney. For example, Rev. David J. Evans, of Grace Episcopal Church, on the Sunday following the attempted assassination, offered prayer for the recovery of the stricken prosecutor. Instantly there was commotion in the pews. Members of the congregation, by frown and toss of head, indicated their profound disapproval of their pastor’s petition.[420] But frown and head-toss and open disapproval of the pews neither stopped the prayer, nor prevented its answer. The prayer was offered; Heney did not die.
Within an hour after Heney had been shot down, three of the foremost lawyers at the California bar, Hiram W. Johnson, Matt I. Sullivan and Joseph J. Dwyer, volunteered their services to take up the struggle for civic righteousness at the point to which Heney had carried it.
But the attorneys for Ruef, having exhausted every other delaying move, saw in the shooting of Heney opportunity for further delay. They accordingly moved for change of venue. Failing here, a motion was made for thirty days’ delay. This being denied, Ruef’s attorneys moved that the jury be dismissed. This move failing, an attempt was made to examine the twelve men in the jury box to determine whether the shooting had prejudiced them and unfitted them for jury service. These many motions were backed up with affidavits containing all that had been said at the public meetings, and all that had been printed in San Francisco newspapers, since Heney had been shot. The reading of the voluminous affidavits consumed hours. The prosecution filed answering affidavits which also consumed time. But Judge Lawlor finally denied all the contentions of the defense and ordered the trial to proceed.
During these proceedings, the jury had been locked up in charge of the regular court officials. The jury had not been in the courtroom when Heney was shot, and from the moment of the shooting had been shut away from the public. But lest the jury had learned something of the shooting, and to account for Heney’s absence, Judge Lawlor deemed it incumbent upon him to notify them that Heney had been shot, and to admonish them that the transaction so far as the court, the jury, the defendant, the People of the State, the counsel, and all other interests interested or involved in the trial were concerned was to stand as though it had not occurred. This Judge Lawlor did.[421]
The trial itself was not unlike the other graft trials. The Supervisors told the story of their bribery. Gallagher told how Ruef had given him the money, and how he had given it to Supervisor Furey. Furey testified that he had received the money from Gallagher because of his vote to grant the overhead trolley permit to the United Railroads. The story had by this time become sadly familiar to the people of San Francisco.
The trouble experienced with witnesses at former trials characterized this trial as well.
Alex. Lathem, for example, at one time Ruef’s chauffeur, disappeared from the State about the time the trial was to begin. He was brought back from Oregon under extradition, charged with having accepted a bribe to leave the jurisdiction of the court. On the stand,[422] Lathem repudiated important evidence which he had given before the Grand Jury, and to which he had made affidavit. As a minor incident of the graft trials, Lathem, because of this incident, was indicted for perjury.
But in spite of the backwardness of certain of its witnesses, the prosecution succeeded in getting its case before the jury. The jury found Ruef guilty as charged. He was sentenced to fourteen years’ penal servitude at San Quentin prison.
CHAPTER XXVI.
The Calhoun Trial.
The trial of Patrick Calhoun for offering a bribe to Supervisor Fred Nicholas began immediately after the holidays, following the Ruef trials. The trial brought into play all the machinery of the opposition at its worst to the prosecution. At all points the defense was carried on on a larger scale than at the former trials. There were more and better lawyers employed by the defendant; there were more thugs in evidence in the courtroom; there was greater activity on the part of the detectives, spies and agents engaged to meet the efforts of the men working under Detective Burns.
Due largely to the activity of this army of opposition to the prosecution, the weakness of the methods of enforcing the criminal law was emphasized even more than at the other trials, and the defects shown up more glaringly.
To secure a jury to try Ruef, for example, 1450 talesmen were called. This was regarded as a record. But before a jury had been secured to try Calhoun 2370 veniremen had been called into court, and no less than 922 examined. Thus, for every juror who sat at the Calhoun trial, 197 talesmen were called, and seventy-seven were questioned by the attorneys.
The estimated number of words contained in the transcript of the examination of these talesmen was in millions. To conduct this examination three months were required. The securing of a jury to try Ruef occupied the time of the court for two months only. But it must be noted that the securing of the Calhoun and the Ruef juries occupied five months—to try charges contained in two indictments, whereas in all the graft cases 160 indictments had been brought.
The defendants who preceded Calhoun to trial had an army of attorneys to represent them. But Calhoun’s line of legal representatives was quite double that of any of his fellow graft defendants who had been caught in the prosecution drag-net.
Prominent in Mr. Calhoun’s defense appeared A. A. Moore, Stanley Moore, Lewis F. Byington, Earl Rogers, J. J. Barrett and Alexander King, supported by the giant of the California bar, Garret McEnerney. That the master mind of Garret McEnerney was directing many of the graft defense cases had been intimated from time to time, but there is no question about McEnerney’s part in the defense of Calhoun.
And opposed to the strongest men of the California bar, The People had two representatives. One of them, Heney, was serving without pay, was still a sick man not having fully recovered from his wound inflicted but a few months before, and worn out from the continued effort of a three-years’ fight to get at the root of municipal corruption in San Francisco. The second, a regularly employed Deputy District Attorney, John J. O’Gara, was receiving $300 a month for his services. It is not unlikely that some of the best of the attorneys for the defense, for defending Mr. Calhoun, received as much in a day. Compared with the army of lawyers for the defense, the representation of The People was pitifully small.
Through the long, grueling contest of the trial, lasting for five months and eight days,[423] Heney and O’Gara were kept under constant strain, while the defendant’s attorneys relieved one another when their labors became irksome.
The bulk of the hammering and of the technical quibbling was directed against Heney. Heney, still suffering from the effects of his wound, received at the Ruef trial, worn-out, over-worked, harassed in the public prints, would at times become thoroughly exasperated. Every indication of impatience on his part, or of temper, was made subject of attack in the opposing newspapers.[424] These attacks, long persisted in, did their part in the general campaign to weary the public with the prosecution, and undermine confidence in Heney.
The examination of talesmen for jury service showed the results of this long-continued campaign. Many talesmen announced their sympathy with the defendants, and deplored the prosecution, which they appeared to believe had brought shame upon and injured the city. Some went so far as to call the prosecution of Calhoun an outrage.[425] Others intimated that the giving of bribe money might have been justifiable.[426] Such expressions, coming from men of average intelligence and ordinarily law-abiding, showed conclusively that the persistent efforts of the defense to poison the public mind against the prosecution was at last bringing results.
But after months of effort a jury was secured to hear the case and the trial began.
Heney, in his opening statement to the jury, set forth the prosecution expected to prove that Ruef authorized James L. Gallagher to offer the bribe to Supervisor Nicholas; that Ruef afterwards gave the money to Gallagher to pay Nicholas; that Calhoun authorized Ruef, either through Tirey L. Ford, or personally, or both, to make the offer to Gallagher and to authorize Gallagher to make the offer to Nicholas.
The prosecution showed by Gallagher that the offer had been made to Nicholas and to every member of the Board of Supervisors with the exception of Rea. In this, Gallagher was corroborated by the Supervisors. Not only had the offer been made, but the bribe money had been paid.
Gallagher testified that he had received $85,000 from Ruef to be distributed among the Supervisors for their votes which gave the United Railroads its overhead trolley permit, and that, after keeping out $15,000 for himself, he had distributed the money among them, giving to Supervisor Nicholas $4000 of the amount.
Supervisor Nicholas testified that Gallagher had offered him the bribe and had paid him the money.
By the officials of the United States Mint, the prosecution showed that $200,000, about the time of the bribery, had been turned over to General Tirey L. Ford, on order from Mr. Calhoun. The $200,000 could not be accounted for by the available books of the United Railroads. Ruef and Ford were shown to have been in close touch with each other during the period.[427]
But nobody could be found who had seen Ford pass $200,000 to Mr. Ruef.
Here was, perhaps, a weak link in the prosecution’s chain of evidence.
Mr. Calhoun did not, however, put General Ford on the stand to tell what he did with the money. Neither did Mr. Calhoun put Mr. Ruef on the stand to testify as to the source of the $85,000 which Ruef gave to Gallagher to pay the Supervisors for their votes by which the trolley permit was awarded to the United Railroads.
But, however weak the link between Ford and Ruef, there was no weakness in the link between Calhoun and Ford. By evidence that could not be disputed, the prosecution showed that Ford got $200,000 through Calhoun.
Frank A. Leach, Director of the United States Mint at San Francisco, testified that Calhoun, with General Ford, had called upon him at the Mint sometime between May 22 and May 24, 1906.[428] Calhoun called, Leach testified, to ascertain how $200,000, which had been transferred from the East to his credit.”[429] could be drawn out in certain sums in favor of such persons as he might designate.
Leach testified he had furnished Calhoun with the desired information.
Ford afterwards appeared at the Mint with an order from Mr. Calhoun for $50,000,[430] which was paid to him. Later, Calhoun telegraphed to Leach from Cleveland, Ohio, to pay Ford a second $50,000; and still later the $100,000 remaining.[431]
The Mint officials paid Ford the money in accordance with Mr. Calhoun’s directions. Mr. Calhoun offered no evidence to show why this considerable sum was paid to General Ford, or what General Ford was supposed to have done with it. Mr. Calhoun, when the last of the $200,000 had been turned over to General Ford, had given Mr. Leach a receipt[432] in full for the amount.
But what was quite as extraordinary as this direct evidence against Mr. Calhoun was the offer of the District Attorney to meet the defense’s charges and insinuations against the prosecution. Rudolph Spreckels was called to the stand. The attorneys for the defense were invited to ask him any questions they saw fit.
“From the time we attempted to impanel this jury,” said Heney, in extending this invitation, “the attorneys for the defendant have been attempting to try Rudolph Spreckels, James D. Phelan and God knows who else. By insinuations they have been endeavoring to get into the mind of this jury the idea that Mr. Spreckels was back of this prosecution for malicious purposes and for gain, for profit, to get hold of the United Railroads. I told them when they were making those insinuations that I proposed to throw down the bars to them; that I proposed to force them to the proof; that I would put the witnesses upon the stand and would not object to a single question asked them.
“The witness, Spreckels, is now upon the stand, and we won’t object to their asking him anything on earth, from the time he was born down to the present day, to the present minute.”
One of the most frequent charges which had been made against the prosecution was that it had expended money wrongfully. Rogers asked for a statement of the prosecution’s receipts and disbursements.
Mr. Spreckels announced his willingness to account for every dollar expended, but refused, until he should be directed by the Court, to give the names of the contributors to the fund.[433]
“Will you,” broke in Heney addressing Calhoun’s lawyers, “produce an itemized account of moneys expended in the defense of these matters?”
“I beg your pardon?” questioned Rogers.
“I say,” said Heney, “will you produce an itemized account of moneys expended in opposition to these prosecutions?”
The defense did not seize this opportunity to clear itself of the not unreasonable suspicion that money had been used to influence jurors to vote for acquittals; to get witnesses out of the State; to corrupt agents of the prosecution; and perhaps to attempt murder. On the contrary, the attorneys for the defense denounced Mr. Heney’s suggestion as “misconduct.”
Mr. Spreckels stated his willingness to furnish itemized statement of the prosecution’s expenditures. This he did. Furthermore, he submitted himself to rigorous cross-examination regarding the items of his account. But the clever attorneys for the defense uncovered nothing upon which charge of wrongful expenditure or questionable methods could be based.[434]
The charge that Spreckels had engaged in the Graft Prosecution to injure the United Railroads came to as sorry an ending. By competent witnesses it was shown that the prosecution had been planned, and the preliminary work done, before the bribe-money in the trolley deal had passed. Furthermore, it was shown that Spreckels had offered to assist Calhoun to have the time of his franchises extended, if such extension were necessary for practical installation of the conduit electric system, asking only that the unsightly poles and overhead wires be not inflicted upon the city. It was only when Calhoun, dealing with a Board of Supervisors suspected of corruption, showed conclusively that he proposed to install an over-head trolley system, whether the people wanted it or not, that Spreckels and his associates organized their traction company. It was shown that the object of the organizers of the company was to demonstrate that the conduit system was practical for San Francisco. And, finally, the articles of incorporation under which the company proposed to operate, provided for the transfer under equitable arrangements of the proposed new lines to the city, should the city wish at any time to take them over. Mr. Spreckels and his associates were shown not to have had desire or inclination to engage in the street-car business. But it was shown that they proposed to fight for what they considered the best interests of the city of their birth and residence.
Another frequently-made charge had been that Heney was the attorney for Rudolph Spreckels, directing a privately-conducted prosecution.[435] As a matter of fact, Langdon, and not Heney, headed the prosecution, and Langdon let it be known at all times that he was the final arbitrator in all questions growing out of the prosecution. And at no time did he fail to assert himself. But at the Calhoun trial, the fishing expeditions in which the defense indulged, brought the facts out convincingly that Heney, far from being in Spreckels’ employ, or directly or indirectly receiving money from him for graft-prosecution services, or any other services, was giving his time to the city, without reward or hope of reward.
Thus, point by point, the allegations which the graft defense had for three years been making against the prosecution, were shown to be without foundation in fact. The bars were down, as Heney put it. Rudolph Spreckels and others who had made the prosecution possible, were under oath, and were prepared to answer any question that might be put to them. The ablest lawyers, cunning in cross-examination, selected, indeed, for their craft and skill in searching out the innermost secrets of witnesses, were there to question.
But not one statement reflecting upon the purposes of the prosecution, nor of its motives, nor of its methods, was brought out. The graft defense, free to question as it would, was unable to justify the insinuations of baseness of purpose and method; nor to justify its loosely-made charges against the prosecution.[436]
Indeed, the attorneys for Mr. Calhoun even resisted full discussion of Mr. Spreckels’ motives.
The intimation, so broad as to approach positive declaration, had been made repeatedly that Mr. Spreckels had inaugurated the graft prosecution for the purpose of injuring Mr. Calhoun and the properties which he represented—the United Railroads. On re-direct examination, Mr. Spreckels was asked by the attorney for the State whether, at the time he had first discussed investigation of graft conditions in San Francisco with Mr. Heney, he had had any idea of investigating Mr. Calhoun. Mr. Barrett, representing the defendant, strongly objected to this line of questioning.[437]
After a wrangle between the attorneys as to the matter of the witness’s motives, Spreckels was permitted to make a brief statement to the Court.
“My motives,” he said, “have been inquired into, and I have indicated to Mr. Rogers (Calhoun’s attorney) that as far as I am concerned the bars are absolutely down; I am willing to take the judgment of this community as to motives, as to my purposes and as to the truthfulness of my statements made here.”
Mr. Spreckels was finally permitted to answer the question. He answered in the negative.[438]
The defendant placed no witnesses on the stand. The explanation of their peculiar position which the United Railroads officials were looked upon to make when opportunity offered was not made. The denials which they had for three years been indignantly making through the newspapers were not stated under oath.[439]
The trial resulted in a disagreement. According to published statements, purporting to come from members of the jury, on the first ballot four jurors stood for conviction, eight for acquittal; on the second, nine for acquittal, three for conviction. On all the other ballots the jurors stood ten for acquittal and two for conviction.[440]
Immediately after announcement of the verdict,[441] the District Attorney attempted to bring Calhoun to trial for the alleged offering of a bribe to Supervisor John J. Furey. This the defense resisted. The community was filled with the suggestion that the Calhoun jury, having failed to agree, the costly graft trials should be brought to an end.[442]
Nevertheless, Calhoun’s second trial was begun. But before a jury could be secured, Francis J. Heney had been defeated for election as District Attorney. This meant the breaking down of the graft prosecution. The District Attorney consented to continuance of the case until the new administration should take charge. The case was not pressed by Mr. Langdon’s successor, and finally, with the other graft charges, was dismissed.
CHAPTER XXVII.
The San Francisco Election of 1909.
Scarcely had the disagreeing jury in the Calhoun case been discharged than the Graft Prosecution was again called upon to meet the graft defense at the polls. Langdon’s second term was to expire the following January. His successor was to be elected in November.
Mr. Langdon refused positively to be a candidate to succeed himself. The supporters of the prosecution turned to Heney as the most available candidate to oppose the elements united against them.
Heney did not want to be a candidate. The grueling contest of the Calhoun trial, coupled with the nerve-shattering effects of the wound in his head, had brought him to the point of physical and nervous breakdown. But it was demonstrated to him that he had the largest personal following in San Francisco; that the public had confidence in him; that he must make the fight.
And Heney, doubtful of his physical ability to continue to the end of the primary and final campaigns, consented to become a candidate.
There followed the most astonishing campaign for municipal office ever held in San Francisco, or probably in any other American city.
California was at the time groping her way from the clutch of the Southern Pacific “machine.” The California Legislature of 1909 had adjourned after a session which had ended largely in disappointing failure for the anti-machine element. The anti-machine element had been in slight majority, but it had blunderingly permitted the machine minority to organize both houses. As a result, the “machine” had been able to defeat the passage of many anti-machine—now known as progressive—measures. In other instances progressive measures were before their passage,[443] in the face of the earnest but unavailable protest of the well-intentioned but unorganized anti-machine majority, loaded with hampering amendments.
Two of these measures bore directly upon the San Francisco situation. The first measure provided for the Direct Primary. The second provided for the elimination of the “party circle” from the election ballot.
This last named measure, known as “the Party Circle bill,” passed the Senate, but was defeated by one vote in the Assembly. The defeated measure was intended to restore the Australian ballot to its original simplicity and effectiveness.[444]
Under the machine’s tinkering of the State’s election laws, the Australian ballot had become a device for encouraging partisan voting. The “party circle” was placed at the head of the column of party candidates. A cross placed in the circle registered a vote for every candidate nominated by the party designated by the circle. The question of “distinguishing marks” invalidating entire ballots was ruled upon so closely by the State courts, that many voters voted by means of the one cross in the party circle to avoid the risk of having their entire ballot denied counting because of technical defects that might creep in if a divided ticket were voted. Had the “Party Circle bill” become a law it would have eliminated the “party circle” from the ballot, leaving the voter to select individual candidates of his choice. The one Assembly vote that defeated this measure after it had passed the Senate, went far toward bringing the San Francisco Graft Prosecution to an end.
The Direct Primary measure was not defeated, nor did the machine element succeed in amending it into complete ineffectiveness. The anti-machine Republicans and Democrats, by joining in non-partisan caucus on this measure, succeeded in forcing the passage of the Direct Primary bill, but they were not able to keep it free of defects. Harassed by the machine at every turn, the anti-machine Senators and Assemblymen were compelled to accept many undesirable provisions.[445]
One of these provisions bore directly upon the San Francisco election of 1909, and contributed to a large extent to the outcome.
This clause required a primary candidate to make affidavit giving “the name of his party and that of the office for which he desires to be a candidate; that he affiliated with said party at the last preceding general election, and either that he did not vote thereat or voted for a majority of the candidates of said party at said next preceding general election, and intends to so vote at the ensuing election.”
At the time this section was under consideration, anti-machine legislators and the unhampered press pointed out that under it, District Attorney Langdon could not, in all probability, have been nominated nor re-elected in 1907; that Mayor Taylor’s election of that year would have been impracticable, if not impossible; that Judge Dunne would have been hampered to the point of defeat in 1908; that under it, both in 1907 and 1908, the so-called “higher-up” element in the field of corruption would have been given an advantage which the better citizenship of the community would have had difficulty in overcoming.[446]
But the machine element denounced these not unreasonable objectors as “enemies of the Direct Primary bill,” and under cover of the denunciation, and the fight for practical expression of popular choice for United States Senators, the objectionable clause was permitted to remain in the bill.
No sooner had the Legislature adjourned than judicial interpretation of the partisan clause of the Direct Primary Act became necessary. The San Francisco primary election was at hand, and the partisan provisions of the new law proved the first snag which the various candidates encountered.
Although the members of the Legislature, machine as well as anti-machine, voted for the bill, believing that the partisan clause restricted primary nominations to members of the party of the candidates’ affiliation, the San Francisco Election Commissioners held there was nothing in the law to prevent the name of a Republican appearing on the Democratic ticket, or of a Democrat on the Republican ticket, provided the candidate made affidavit of the party of his affiliation.
Under this ruling it appeared that, in spite of the objectionable partisan provision of the Direct Primary law, the San Francisco election could be held on the non-partisan basis which had resulted in the election of Taylor and Langdon two years before. The one issue before the San Francisco electors was continuance of the Graft Prosecution. The supporters of the prosecution, Republicans as well as Democrats, desired to vote for Heney. McCarthy was the avowed Labor Union party candidate for Mayor. The Union Labor party was considering the nomination for District Attorney of Charles M. Fickert. The prospects were good that Heney would receive the Republican and Democratic nominations, as Langdon had two years before. He was supported by the better element of both parties, and opposed by the anti-prosecution element of both. This opposition found expression in the Republican party in a committee of twenty-five, at the head of which was I. W. Hellman, Jr., of the Union Trust Company.[447] The better element of the party planned the nomination of Heney, as did the better element of Democrats.
On a non-partisan basis, such as had prevailed in 1907, the Union Labor party would have nominated McCarthy for Mayor, and Fickert for District Attorney, while the anti-machine, pro-prosecution Democrats and Republicans would have nominated a strong candidate for Mayor, and Heney for District Attorney.
Conditions were thus shaping themselves admirably for continuance of the non-partisan administration of municipal affairs, which had at least blocked corruption, even though it had not beaten down the barriers of technicality, which stood between the corruptors of the municipal government and law-provided penalties.
But this developing non-partisan arrangement was suddenly overturned in an opinion rendered by the Supreme Court, reversing the ruling of the Election Commissioners.
The court held that the partisan provisions of the Direct Primary law prohibited the name of a primary candidate appearing upon any primary ticket except that of the party of the candidate’s affiliations.
Under this ruling, Fickert’s name could not go on the Union Labor party primary ticket, for Fickert had affiliated with the Republican party. The Hellman committee of twenty-five (Republican) immediately took up the Union Labor party candidate for District Attorney, whose name could not go on the Union Labor party primary ticket, Mr. Fickert being apparently quite as satisfactory to Mr. Hellman and his associates as he was to Mr. McCarthy.
Heney, under the Supreme Court’s ruling, found himself in a more difficult position. With other California Progressives, Heney had in 1908 supported Taft for the Presidency. His political affiliations were therefore, under the provisions of the Direct Primary law, Republican. His name could be placed on the Republican primary ticket, but not on the Democratic. But it soon became evident that if his name went on the Republican ticket he would be defeated at the primaries.
The registration of voters under their party designation to enable them to vote at the partisan primaries showed an astonishing condition. The machine, anti-prosecution element was discovered to be massing its strength in the Republican party. Two years before, Daniel A. Ryan, the Republican candidate for Mayor, had received only 9255 votes in San Francisco, while Taylor, the Democratic candidate, had received 28,766, and McCarthy, Union Labor, 17,583. But for the 1909 primaries, no less than 47,945 registered as Republicans, a gain of 38,609 over Ryan’s vote,[448] while the Democratic registration was 17,632 only, 11,134 less than Taylor’s vote, and the Union Labor registration, 10,546, or 7037 less than McCarthy’s vote in 1907. Heney’s name could not go on the Democratic ballot. If he permitted it to go on the Republican ballot, the tremendous Republican registration indicated that the anti-machine Republicans would be outvoted by “machine” members of all parties who had registered as Republicans.
By another provision of the election laws, Heney, should he be defeated at the primaries, could not become an independent candidate; defeat at the primaries barred him from running at the final election.
Heney was effectively shut out from participating as a primary candidate. And this, in face of the fact that the anti-machine Republicans and the anti-machine Democrats were striving to make him their candidate.
Had the 1909 primary law prevailed in 1907, Langdon’s re-election could have been, and almost to a certainty would have been blocked, and the Graft Prosecution brought to an end two years before it was.
At the 1909 Primary election, Heney’s name, although he was the choice of the anti-machine element of all parties, did not appear on any of the primary ballots.[449] Nevertheless, 4594 Republicans wrote Heney’s name on their primary ballots. But this was not sufficient to give him the nomination. Fickert, whose name appeared on the Republican ballot, as a regular candidate, received 12,480 votes, which gave him the Republican nomination.
On neither the Democratic nor Union Labor primary tickets did the name of any candidate for District Attorney appear. The McCarthy element urged that Fickert’s name be written in by Union Labor party voters. They carried their point, Fickert being nominated by the Union Labor party by 3308 votes. But even here there was registered protest at what was going on. Union Labor party voters to the number of 617 wrote Heney’s name on their ballots.
In the same way, a determined effort was made to give Fickert the Democratic nomination also. He received 2298 votes. But the pro-prosecution Democrats rallied to Heney’s support, and nominated him by a vote of 2386. Thus out of a total of 28,967 who voted for nomination of District Attorney, no less than 7597, or more than 25 per cent., wrote Heney’s name on their ballots, in protest against the partisan conditions which made his regular nomination impractical.
The law was new; the election, the first held in the State under the Direct Primary. It was difficult to make the electors understand they could vote to nominate Heney by writing his name on the ballot. Of the 38,385 who voted at the primaries only 28,967 voted for District Attorney. Unquestionably, a large percentage of those who did not vote at all, would have written Heney’s name on the ballot had they known that such a course was permissible. But they did not know, and more than 25 per cent. of those voting did not vote for District Attorney. As the Rev. Charles N. Lathrop put it: “They have Heney sewed up in a bag, and the bag is the partisan features of the Direct Primary.”[450]
Out of this confusing primary election, Fickert came with two party nominations, the Union Labor and the Republican, while Heney had one nomination, the Democratic. This meant that Fickert’s name would be printed twice on the final ballot under partisan designation, while Heney’s would be printed but once. Thus, for every chance Heney had for a “party circle” vote Fickert had two.
The prosecution forces had supported Byron Mauzy for Republican nomination for Mayor, but Mr. Mauzy[451] was defeated by William Crocker, who received the Republican nomination. The Democrats nominated Thomas B. W. Leland for the mayoralty office, while the Union Labor party named P. H. McCarthy. The mayoralty-district attorney tickets were, therefore: Republican, Crocker and Fickert; Union Labor, McCarthy and Fickert; Democratic, Leland and Heney. But the issue before San Francisco, continuance of the Graft Prosecution, had no partisan significance at all. It was supported and it was opposed by members of both parties. The whole fight was over the election of Heney. But never had candidate for office opposition which had more at stake.[452]
Men with apparently unlimited means at their disposal, realized that Heney’s election would in all probability mean for them a term in the State prison. They were fighting for their liberty. The commercial interests were warned that, in the words of I. W. Hellman, Sr., the banker, the Graft Prosecution was hurting business.[453] The anti-Graft Prosecution press insisted day after day that bribery of public officials, while bad, is the most common of crimes and the most difficult to prove; that San Francisco had tried to convict, had failed and might as well give up. So-called “improvement clubs” went so far as to adopt resolutions not only protesting against further prosecution, but demanding that the Supervisors withdraw support given the District Attorney’s office in its efforts to land bribe-givers behind the bars.[454] And finally, the large business interests opposed to the prosecution, threw strength to McCarthy; not that they liked McCarthy—they united against him two years later—but because the election of McCarthy would go far toward the defeat of Heney. Members of the labor unions were, to a large extent, supporters of the prosecution. Their votes had made Langdon’s election sure in 1907. During the 1909 campaign, and down to the very day of election, the sentiment among laboring men was to vote for McCarthy and Heney. But Heney’s name did not appear on the Union Labor ticket.
Labor’s support of Heney was vigorously opposed. Appeal was made to workingmen to stay by their class; to vote for the labor candidates, McCarthy and Fickert. On the Monday night before the election, the writer, with Professor George H. Boke of the University of California Law School, joined a group of working men who were discussing the merits of the several candidates. Apparently all but one of them were for McCarthy and Heney. The exception was for Leland and Heney. He was defending himself, when the writer joined the group, against the charge that in voting for Leland he was “voting outside his class.”
This Leland advocate was a most noticeable young man. He declared himself to be a member of the electricians’ union. Well under thirty, clear-eyed and forceful, he was prepared to stand his ground. When his immediate opponent became personal, the electrical worker, without raising his voice, without excitement, or boast, or display, remarked quietly: “Do not resort to personalities, for if it comes to personalities, what chance have you against me?”
There were no more personalities.
Incidentally his argument was fast bringing out the fact that every worker in the crowd was going to vote for Heney. The effect of it was important. Suddenly from somewhere there appeared a new man to do his part in molding public opinion.
The new-comer went through that crowd with the assurance of a practiced football player through an aggregation of amateurs. In less than five minutes he had addressed every man of the group. But he had none of the marks of a worker, and nobody thought to ask for his “card.” His was the pasty face and the pudgy neck and the soft, unclean hand of the cadet. His argument was curious and even ridiculous, but it was most effective. It at least scattered the crowd.
“Of course Calhoun is a grafter,” he said in effect. “They are all grafters. Spreckels is a grafter. Of course, Fickert is Calhoun’s man, just as Heney is Spreckels’s man. They are all out for graft. But if we are to have grafting, let’s keep the graft in our own class. Why should you vote to let Spreckels’s men do the grafting? You have a candidate of your own. Vote for him. It is only a fight between millionaires anyhow, and a toss-up which is right. Let us vote for the man of our class.”
The effect of this running fire of words was immediate. The electrician lost the attention of his associates. The discussion came to an end with murmurs of approval of the newcomer’s position. That he should have changed a vote with such argument seems incredible. But that he had created a doubt in the minds of those workingmen was apparent to all who saw. He left them well prepared for the anti-prosecution workers who would meet them at the polls the next morning.
But the laboring element was not the only “class” forced into opposition to Heney. At the exclusive clubs, fashionable hotels, social functions, support of Heney was denounced as treason to the exclusive, fashionable, social class. It was quite amusing to hear first generation descendants of honest steerage immigrants decrying the prosecution of rich men trapped in bribe-giving on the theory that to do otherwise “would be treason to our class.”
Thus, Mr. Heney was called upon to meet the “class” opposition of the laborer and the magnate. On the other hand, the unafraid, intelligent people of San Francisco, who recognized no “class” issue, rallied to Heney’s support. But they were without the concerted plan of action which the other side had perfected. The San Francisco press, with the exception of The Bulletin and Daily News, gave Heney no editorial support, but the country press, which had no circulation in San Francisco, earnestly urged his election.[455]
Good citizens throughout the country wrote urging Heney’s election. “To rout the forces of the prosecution at this juncture in San Francisco,” wrote Rabbi Stephen S. Wise of New York, “is to hoist the red flag of anarchy, to proclaim that law and order are not always enforceable, or that such enforcement is not always profitable.”
But Rabbi Wise was in New York. His influence did not, unfortunately, extend, in any important degree, to San Francisco.
On the day of election, the writer visited many voting places in the districts in which the labor vote was strong. Working men by the scores were taking less than a minute to mark their ballots. It was evident that they were voting by means of the party circle. Every Labor Union party vote of this kind was a vote against Heney. The last hope that Heney would get this support was gone. One did not need wait for the counting of the ballots. It was plain that Heney was defeated.
The election returns spoke eloquently of the means that had been employed to defeat Heney. For the primary election 47,945 had registered as Republicans, but Crocker, the Republican candidate for Mayor, received only 13,766 votes at the final election. Although but 10,546 had registered for the primaries as members of the Union Labor party, P. H. McCarthy received 29,455 votes, which, wherever voting was done by means of the party circle, carried a vote for Fickert.
Fickert, with the two nominations, received 36,192. Heney, running on the Democratic ticket, received 26,075 votes, 6481 more than Leland, the candidate for Mayor. But the combination against Heney was too great for him or any man to overcome. Fickert was elected.[456]
The Graft Prosecution had been defeated at the polls.
CHAPTER XXVIII.
Dismissal of the Graft Cases.
At the time of Mr. Fickert’s election to the District Attorney’s office, the second trial of Patrick Calhoun for offering a bribe was well under way. As at the other graft trials, there had been delays [457] so that after five months the jury was only half complete. That the trial could not be finished before Mr. Fickert assumed the duties of his office became evident. The case was, for that reason, on December 9, continued until January 10, in order that Mr. Fickert might participate in the selection of the trial jurors. But on that date, Mr. Fickert, who had been in office only two days, very frankly admitted himself to be unfamiliar with the facts, and not prepared to go to trial. Further continuance was accordingly granted until January 31, and then until February 7.
In the meantime former Supervisor James L. Gallagher, the pivotal witness in the case, had disappeared. Gallagher was known to have been in San Francisco for some three weeks after Fickert’s election. About December 1 he dropped out of sight. He was supposed to have gone to Europe.[458]
On February 7, Mr. Fickert moved the dismissal of the case pending against Mr. Calhoun on the ground that there was not sufficient legal and competent evidence to warrant him submitting the case to a jury.[459]
Judge Lawlor denied the motion. In denying it, Judge Lawlor stated that in the view of the court the action should be tried by a jury and a verdict should be rendered by a jury, if that were possible, in the full operation of the law.
Fickert stated in the discussion which followed that he wanted his motion to apply to all the other graft cases of the same class as Calhoun’s, with the exception of the defendants Ruef and Schmitz. But here again did the Judge deny the District Attorney’s request.
After Judge Lawlor’s ruling, Calhoun’s attorneys announced themselves ready to proceed with the trial of the case. Fickert stated that he would be ready in a week. Judge Lawlor thereupon questioned Fickert very closely about the absent witness, Gallagher. Fickert gave assurance that diligent hunt was being made for the witness.
The questioning of the District Attorney was continued ten days later when the case again came up. Judge Lawlor asked Fickert to tell definitely whether he proposed to put the issue before a jury in the absence of his material witness.
Fickert replied that Gallagher’s absence greatly weakened the State’s case, and that in his belief certain facts could not be proved without Gallagher being present. But as for that, Fickert insisted that even with Gallagher present he did not believe that the State could make out a case.[460] Nevertheless, he continued to insist that he was ready to proceed to try the action even in the absence of the witness Gallagher.
But Judge Lawlor announced that he did not propose to proceed with the trial of the action:
(1) If a material witness were without the jurisdiction of the court.
(2) If the court did not believe that the cause were to be prosecuted with the vigor and fidelity that the law contemplates.[461]
Fickert also stated his position. He insisted that he did not believe that any evidence had ever existed against the trolley-graft defendants Abbott and Mullally, and did not believe it to be his duty as District Attorney to prosecute men against whom there was no evidence. Fickert even attempted to commit Judge Lawlor to this proposition, by stating that the Judge in chambers had confessed as much. This Judge Lawlor denied. Mr. Fickert’s assistant, Mr. Berry, had been present during the discussion in chambers between Mr. Fickert and Judge Lawlor, but Mr. Berry failed to sustain his chief’s contention.[462] “In these cases, the cases against Mr. Abbott and Mr. Mullally,” said Fickert, “I shall never proceed in them because there is absolutely no evidence which at all gives even a suspicion.”
In respect to the other cases, Mr. Fickert announced that he intended to take the same course that he had in those under discussion, and stated that if the Judge so desired he would advise him before hand as to which of the cases he intended to make a motion for dismissal.
“In view of the statement you made on February 7,”[463] replied Judge Lawlor, “the Court will not feel called upon to grant any application looking to a dismissal of any of those cases. The Court will finally deal with them in the manner prescribed by the law. And if that situation is not reached so that the Court can proceed with the trial, the Court will be under the solemn obligation of setting down in its minutes the reason why a trial has not been had in any particular instance, and why cases are dismissed or disposed of without the trial of the general issue. The Court cannot escape its responsibilities. I have pointed out that under the law it is for the Court to say finally what shall become of cases that are not pressed to conclusion, and when the Court does that it must give its reasons—the law says so. In this State, since the formation of the government therein, the power has not for any considerable length of time lodged in the District Attorney to dispose of actions; that matter is confided to the Court. Counsel will be doing injustice to his own position if he assumes that the Court has any other attitude than to finally dispose of these matters according to the law without doing injustice to any person, either to the District Attorney or any person who is unfortunate enough to be involved. But when the Court comes to write down its action it will be based upon what it believes to be the fact and upon nothing else.”
Fickert replied that he was ready to proceed with the matter. To this Judge Lawlor reiterated that the Court was not going to permit the District Attorney to proceed in the absence of a witness, who, according to the District Attorney’s own statement, was material.[464]
Nor did the earnest plea of attorneys for the defense for dismissal move Judge Lawlor. In the absence of the material witness, Gallagher, he continued the case, on the Court’s own motion, until April 25.[465]
On that date, Calhoun’s attorneys moved for dismissal of all the indictments pending against their client upon the ground that his trial had been postponed and continued for more than sixty days without his consent and over his objection and exception.
Fickert submitted the motion, fortifying it with a statement that he did not believe that the District Attorney’s office would be justified in asking continuance until Gallagher’s return.
Judge Lawlor postponed determination of the motion until July 14.[466] His ruling was announced on August 3.
Judge Lawlor went exhaustively into the situation presented.[467] He pointed out that a material and indispensable witness was absent from the State; he stated that the Court was called upon to intervene “because the District Attorney has at practically every turn followed the lead of these defendants”; he held that through the influence of unusual agencies, so far as the graft cases were concerned, the law had broken down, and that the crimes charged are of the most serious nature, “because such criminal activity tends to sap the very foundations of government”; he insisted that before the indictments should be finally disposed of every reasonable effort should be made to get at the truth of the situation.
“The disposition of grave charges other than on their merits,” he concluded, “is not to be encouraged and should not be allowed, except in the face of a strict legal necessity.” He continued the cases until August 29.
Stanley Moore, one of Calhoun’s attorneys, when Judge Lawlor had concluded, demanded that he be permitted to reply. This demand was refused.
There followed one of the most extraordinary scenes ever recorded of a court of justice. The defendant’s attorneys, the District Attorney, and even the prisoner at bar, openly and contemptuously defied the Judge on the bench.
Stanley Moore charged him with “doing politics from the bench that you stultify in your occupancy.” A. A. Moore, another of Calhoun’s lawyers, accused him of being “a partisan, a bitter partisan, and doing dirty politics.”
“And,” Stanley Moore hastened to add, “have been before these indictments were ever filed in this court, as the events of that midnight deal in which you participated on April 29 amply demonstrate.”[468]
District Attorney Fickert, in the face of the Court’s direction that he take his seat, denounced “the statements and aspersions you have tried to cast upon me” as “false in each and every particular.”
A third of Mr. Calhoun’s attorneys added his denunciation. Mr. John Barrett decried the proceedings as “infamous.”
Judge Lawlor sentenced Calhoun’s three attorneys to serve five days each in the county jail for contempt and ordered the Sheriff to take charge of them.
But the extraordinary scene was not concluded. The prisoner at the bar had not yet been heard. Calhoun took the floor to tell the judge on the bench that should the Judge send him (Calhoun) to jail for contempt “it will be heralded all over this country as an honor.”[469] The Court attempted to interrupt the angry defendant. The interruption was ignored. The prisoner at the bar was exhibiting himself as more powerful in San Francisco than the Judge on the bench. When he had said his say, he took his seat.
The trolley-graft cases dragged along for more than a year after this astonishing scene in Judge Lawlor’s courtroom.[470] The defendants applied to the Supreme Court in habeas corpus proceedings, but failed to secure interference. They then went to the State District Court of Appeal, where they secured a writ of mandate directing Judge Lawlor to dismiss the indictments in the cases of the trolley-graft defendants.[471] The District Attorney’s office announced to Judge Lawlor that the District Attorney had no intention of prosecuting an appeal from the judgment and order of the District Court.
Judge Lawlor thereupon dismissed the cases as directed. He also included the cases against Frank G. Drum, Eugene de Sabla and John Martin, which were governed by much the same considerations as the trolley cases. Four years and a half had passed since the indictments had been brought. Little by little, the influence of those of the community who were for law and order and impartial law enforcement had been sapped and broken down. The prosecution had been worn out; the community had been worn out. The defense had shown greater staying qualities than either peace officers or community. It had been pretty thoroughly demonstrated that convictions could not be had.[472]
The dismissal of the trolley-graft and gas-graft cases was the final breaking down of San Francisco’s efforts to have the cases tried upon their merits. To be sure, the indictments against the telephone-graft defendants and the prizefight-graft defendants, and against Schmitz and Ruef still stood. Glass, a telephone-graft defendant, had been convicted, but the Supreme Court had reversed the decision on technicalities.[473] The absent witness, Gallagher, was not a material witness in the Glass case. But when along in August, 1912, a year after the dismissal of the gas and trolley-graft cases, Glass’s case was called, it was found that important witnesses had disappeared. The incident was taken by the papers, not as a reflection upon the community, but as a joke on Judge Lawlor.[474] The Glass cases were finally dismissed.
Former Mayor Schmitz in February, 1912, was brought to trial. Ruef was brought over from San Quentin prison to testify against him. But Ruef refused to testify unless the Ruef indictments were dismissed. This, Judge Dunne,[475] before whom many Ruef indictments were pending, refused to do. Ruef did not testify. Schmitz was acquitted. The other indictments against Schmitz were eventually dismissed.
The same course followed in the cases of the other graft defendants. The graft defense had beaten San Francisco; its record of shameful success was complete.
CHAPTER XXIX.
Ruef’s Last Refuge Fails.
That a jury of twelve men had found Ruef guilty of bribe-giving did not mean necessarily that the broken boss would be confined at San Quentin, the prison to which he had been sentenced to serve his fourteen-year term. Indeed, the probabilities were very much against his suffering any such indignity. Ruef had, at the test, continued “true to his class”; he had not assisted the State in bringing the bribe-givers to account. Men, powerful in financial, social and political circles were unquestionably under the greatest obligation to him. He had not “gone back on his class.” His “class” owed it to him to save him from stripes, as Ruef by his course had beyond question saved many of his “class” from stripes.
Having been convicted by a jury, the first move was for Ruef to appeal to the trial judge for a new trial. This appeal was denied him. Ruef then appealed from the judgment of the trial court to the District Court of Appeal. The three justices of the District Court of Appeal found nothing in Ruef’s contention to warrant the granting of a new trial.[476] Thus four judges found that Ruef’s trial had been fair, even technically fair. But Ruef’s possibilities were not exhausted.
The Supreme Court could, if four of the seven members were so inclined, grant him a rehearing, and to the Supreme Court Ruef applied.
The California State Constitution provides that “the Supreme Court shall have power to order any cause pending ... before a district court of appeal to be heard and determined by the Supreme Court. The order last mentioned may be made before judgment has been pronounced by a district court of appeal, or within thirty days after such judgment shall have become final therein.”
The District Court of Appeal found against Ruef on November 23, 1910; this action became final thirty days later, or on December 23, 1910. The Supreme Court had thirty days after December 23, that is to say, until January 22, 1911, to grant Ruef a rehearing, if a majority of the seven Supreme Justices so decided. If the Supreme Court failed to act before the close of January 22, Ruef, unless pardoned or paroled, would have to go to State prison.
Ruef, on December 31, 1910, petitioned the Supreme Court for a rehearing. On January 23, announcement was made that the Supreme Court, by a four to three decision, had decided to grant Ruef’s petition. The decision was received with protest from one end of the State to the other.[478] The Legislature was in session at the time. Senator George W. Cartwright of Fresno introduced a resolution[479] requesting the Assembly—where impeachment proceedings must originate—to take such steps as might be deemed necessary for investigation of the Supreme Court’s conduct.
And finally there came the rumor—at first not generally believed, but later confirmed by the Supreme Justices themselves—that one of the Justices at least had signed the order granting Ruef his rehearing before the Attorney-General had filed his brief in answer to Ruef’s petition. The Justice who had thus acted was Justice Henshaw, the same Supreme Court Justice who occupied prominent position in the picture of the banquet scene at the 1906 Santa Cruz convention, in which Ruef appears in the central position of honor.[480]
The facts later brought out involved the following dates:
December 31, 1910—Ruef’s petition for rehearing was filed in Supreme Court.
January 10—W. H. Metson was granted permission to file a brief in the case as Amicus Curiae.
January 10—Justice Henshaw signed the order granting Ruef a rehearing.
January 11—Justice Henshaw left the State and was absent until after the order granting Ruef a rehearing had been filed.
January 12—Metson filed his brief as Amicus Curiae.
January 12—The Attorney-General filed his reply to Ruef’s petition for a rehearing.
January 19—Justice Melvin signed the order granting Ruef’s petition.
January 20—Attorney-General filed reply to Metson’s brief.
January 21—Chief Justice Beatty, and Justices Shaw, Angellotti, Lorigan and Sloss met in the chambers of the Chief Justice for consultation regarding Ruef’s petition. Justice Lorigan signed the order granting the petition. Justices Shaw, Angellotti and Sloss declined to concur in such order, and Chief Justice Beatty reserved his decision in the matter until January 22, 1911.
January 22, 1911—(Sunday, the last day on which the order could be signed) Chief Justice Beatty signed the order, his being the fourth name on the document, four signatures being necessary to make it effective.
January 23—A typewritten copy of the order was filed with the Clerk of the Court, the original being retained in the office of the secretaries to the Justices.
Up to this time, eleven judges had passed upon Ruef’s case. Seven of them—one Superior Judge, three Judges of the District Court of Appeal and three Justices of the Supreme Court—had decided that Ruef had had a fair trial, that no technicality could be invoked to save him. Four of the eleven judges, in a way which, to the lay mind at least, was somewhat irregular, had decided to grant a rehearing. The public was not at all backward in expressing the opinion that this would mean a new trial; and that under conditions as they were at San Francisco, Ruef would not for a second time be convicted.[481] As is usual in such cases, the public was dissatisfied, suspicious, indignant, but without plan or remedy. Some demanded investigation at the hands of the Legislature; others wanted impeachment[482] proceedings instituted. Mr. William Denman, a leader of the California bar, urged before the Senate Judiciary Committee that the Legislature owed it to the Supreme Court, as well as to itself and to the public, to make thorough investigation, and demanded of the committee if the Legislature on proper showing would declare the office of a Supreme Justice vacant.
Senator Shanahan, a member of the committee, was quick to reply that under such a showing the Legislature would certainly act. “But,” added Shanahan—and here he touched the weak point of impeachment proceedings—“it would take months if not years. That is why impeachment proceedings will not be instituted. Impeachment proceedings from the trial of Warren Hastings to the present time have proved unsatisfactory.”
But, however individuals differed on the question of impeachment proceedings, the general attitude was that the Attorney-General should take steps, if such course were practical, to have the order granting Ruef a rehearing set aside. This the Attorney-General did. He attacked the order before the tribunal which had made it, the highest tribunal in the State, the only one to which appeal could be made.
And the Supreme Court set the order aside, declaring it to be “ineffectual for any purpose and void.”
But the Supreme Court did not set the order aside because Justice Henshaw had signed the document before the argument of the prosecution had been heard. The order was set aside on the ground that Henshaw, being absent from the State when the signature of the fourth Justice was attached thereto, was at the time, being absent from the State, unable to exercise any judicial function as a Justice of the Supreme Court. Without Henshaw’s signature, the signatures of but three of the Supreme Justices appeared on the order. As the signatures of four of the Justices were required to make the order effective the Court declared it to be worthless.[483]
Thirty days from the time the judgment of the District Court of Appeal became final having expired, the Supreme Court could not interfere further. Ruef had lost his last technical play on a technicality. He went to State prison.
But Ruef did not go to State prison because a jury of twelve men had found him guilty of offering a bribe to a Supervisor; he did not go to State prison because seven out of eleven judges who passed upon the questions involved had found that he had had a fair trial. Ruef went to State prison when he did because a member of the Supreme Court of California was absent from the State at a time inopportune for Ruef.
Ordinarily, after his failure in the Supreme Court, Ruef would have had two more chances for escaping the full penalty of his bribe-giving, namely, parole at the hands of the State Board of Prison Directors, and pardon from the Governor.
But again was Ruef unfortunate. Hiram W. Johnson, as Governor of California, sat at Sacramento. He had gone into office pledged “to kick the Southern Pacific machine out of the State government.” He was keeping his pledge. There was no pressure which men of Mr. Ruef’s “class” could bring upon Governor Johnson to move him to grant Ruef freedom.
The possibility of parole was as remote, although the State Board of Prison Directors—who in California are appointed for ten-year terms—continued for a time under the old order.
One of the five directors was Tirey L. Ford[484] of the United Railroads. Ruef went to prison convicted of a charge of bribing a Supervisor to vote to give the United Railroads its overhead trolley permit. The evidence indicated, if it did not show, and Mr. Ruef has since confessed, that this money came to him from General Ford. Ruef, because of the crime, found himself confined in a prison of which General Ford was one of the five governors, with power of parole in his hands. But it developed that Governor Johnson had power to set aside such parole. So Ruef could expect little from even the Board of Prison Directors.
Scarcely had Ruef been placed behind the bars, however, than a State-wide campaign was inaugurated to compel his pardon or parole. The public was treated daily by the newspapers with descriptions of the discomfitures[485] which Ruef was suffering. When he was found, for example, smuggling sweet chocolates into prison, and was punished for it, the Ruef-friendly press cried out at the cruelty and unreasonableness of such punishment.[486]
The suffering which his imprisonment has brought upon the members of his family is dwelt upon at length. Letters from them, pleading for assistance for their imprisoned relative have been received by many whose assistance it was thought might prove effective in securing his release. But when Ruef was brought back from San Quentin prison to San Francisco to testify at Schmitz’s trial, the pathetic story was published broadcast that these letter-writing relatives had been kept in ignorance of his imprisonment, and thought him to be traveling in Europe.[487]
One of the most contemptible stories circulated to create public opinion for his release was that Ruef had been made scapegoat because of his religion. Ruef is a Jew, circulators of this story insisted that he is in prison because he is a Jew, while the gentile bribe-givers go free.
As a matter of fact, the gentiles associated with Ruef have gone free because of Ruef’s treachery to the graft prosecution, but this does not prevent the circulation of the story.
A saner view, breathing of better citizenship, came from Rabbi Stephen S. Wise of the New York Free Synagogue. “Israel,” said Rabbi Wise, “is not responsible for Ruef’s crimes any more than the Roman or Protestant Church is responsible for the crimes of its communicants. But we of the House of Israel in America would be in part answerable for Ruef’s misdeeds unless we made it clear, as we do, that Israel is unutterably pained by this blot upon its record of good citizenship in America.”
By far the most astonishing support of the movement to free Ruef came from the San Francisco Bulletin and Fremont Older, its managing editor. Older was one of the strongest supporters of the graft prosecution, as was the paper under his management. But once the graft prosecution was concluded, Older and the Bulletin became the most persistent of the supporters of the movement to secure Ruef his freedom.[488] Largely through Older’s influence, men of prominence throughout the country—with apparently no very clear knowledge of the situation—have been induced to express themselves as favorable to Ruef’s release.
In the publicity campaign for Ruef’s release which gives no indication of abatement, Ruef, and those who seek his release, are praised in the most extravagant terms, while those who will not enroll themselves in his interests are as extravagantly condemned.[489]
But in spite of all that is being done to create public opinion favorable to Ruef’s release, the sober expression of machine-free press and public is that Ruef should be treated both on the score of parole and confinement precisely the same as any other prisoner.[490] This attitude was clearly presented by the Fresno Republican at the time Ruef was found smuggling chocolate sweets into the prison.
In the attitude of prison officials toward Ruef, the Republican pointed out, there are two alternatives. “One,” the Republican went on to say, “is the course of Warden Hoyle, in treating Ruef like any other prisoner, and disciplining him humanely but sternly, for any infraction of the necessary prison rules. The other is to let Ruef have privileges which the other prisoners do not and can not have. News travels nowhere faster or surer than in prison. If Ruef bribes guards, the officials may not know it, but the prisoners will. If Ruef may have smuggled sweets, the other prisoner, whose every nerve-cell shrieks in agony for cocaine, but who knows he will be thrown in the dungeon if he smuggles it, will have no illusions about the smuggling privilege. If the very minions of justice do injustice, as between Abe Ruef and Convict No. 231,323, every man in that vast prison will be taught that he is the victim not of justice, but of force and favoritism. And if Ruef, at the expiration of a bare year, were to be paroled out, every other convict, whose very application can not be heard until he has served half his term, will know that he is suffering the penalty, not of his crime, but of his poverty and friendlessness. Shall Abe Ruef be suffered to teach that lesson? Shall he corrupt San Quentin prison as he did San Francisco? Or shall there be at last one place found where even Abe Ruef gets exact and equal justice?”
Ruef is getting equal justice at State prison, not because he corrupted San Francisco, not because a jury of twelve citizens found him guilty, not because seven out of eleven judges declared against him, but because the political machine, of which Ruef was one of the most powerful leaders, has been broken in California. Under the old order, to have kept Ruef jailed would have been impossible.
CHAPTER XXX.
Conclusion.
After the McCarthy-Fickert election there were rumors that the graft defense, flushed with its successes in the overthrow of the prosecution, would resort to reprisals, by singling out persons prominent in the movement to enforce the law, for trumped-up charges and possible indictment. But aside from an abortive attempt to make it appear that former Supervisor Gallagher had fled the State at the behest of William J. Burns, reprisals of this nature were not attempted.
The reprisals came in more subtle form. Members of the Oliver Grand Jury which had brought the indictments against Ruef and his associates, found themselves marked men in business, political and social circles. A member of the faculty of the State University who had been active in defending the cause of the prosecution, found his salary remaining practically stationary, while his associates received material advances. When the directorate of the Panama-Pacific International Exposition Company was formed, financiers who had supported the prosecution found themselves barred from directorships. It may be said, however, that the graft defense was well represented, one of the Exposition directors at least, Thornwall Mullally, having been one of those indicted in the graft cases.
When the suggestion was made that James D. Phelan be made Pacific Coast representative in President Wilson’s cabinet, at once the graft defense pack was on his track, openly naming Mr. Phelan’s assistance to the prosecution cause as reason sufficient why he should not be given the cabinet appointment.[491]
On the other hand, all danger of confinement in State prison being gone, the graft defense, through its various newspapers, urged incessantly that the past be forgotten, that San Francisco interests get together for the good of San Francisco. But this “getting together” meant the banishing from political, social, and, as far as practical, business circles, all who had sided with the prosecution, thereby giving control of all activities to sympathizers with the graft defense.
This is well recognized throughout the State, and the exclusive “get-together” movements are received with general ridicule.[492] The graft defense does not stand well in California. The “vindication” that was heralded throughout the country when the indictments were dismissed has not been accepted in California as generally as those most immediately affected could have wished.
Then again, the corporations involved in the scandals, have a heritage from the graft defense which seems destined to bring confusion upon them at every turn of their development. Late in 1912, for example, a year and a half after the trolley-graft indictments were dismissed, the United Railroads attempted readjustment of its bonded indebtedness. This could be done only with the consent of the State Railroad Commission. The Commission, willing to allow any proper adjustment upon competent showing, asked that the corporation’s books be produced. The books had, during the days of the prosecution, been sent out of the State. The United Railroads could not produce the books, and consent to its petition to readjust its financial affairs was withheld until the books should be forthcoming. Unofficial assurance was given officials of the corporation that investigation would not be made of its graft defense expenditures,[493] nor of any expenditures involved in the scandal of the alleged bribe-giving. But apparently even this assurance did not satisfy those connected with the United Railroads whose reputations, at least, were at stake.[494] The company’s books were not opened for the Commission’s inspection.
By far the greatest sufferer from the graft defense was San Francisco. Here it was demonstrated that even with a District Attorney intent upon the discharge of his sworn duty, with upright trial judges on the bench, the machinery of the criminal law broke down when men with practically unlimited means were brought to bar. To accomplish this required a four years’ contest, in which community resistance to political corruption was overcome, the people misled, their minds poisoned against that which is wholesome, and made tolerant of that which is base and bad.
The unhappy effects of this are just beginning to be understood. The evil of the graft defense will live long in San Francisco after the dismissal of the indictments. Four years after the defeat of the Graft Prosecution, Referendum petitions against State laws have been forged in San Francisco, and the laws, which had been passed by the State Legislature and signed by the Governor, have been delayed from going into effect for nearly two years, because of the forgeries. And yet, although the forgers are known, their prosecution, except in one instance, has not even been attempted. Governor Johnson has called the attention of the Attorney-General of the State to this condition, and has urged him to undertake the prosecution of these forgery cases.
Tenderloin interests at San Francisco now indicate even greater power in the community than they exerted during the worst days of Ruef-Schmitz regime. The same is in a measure true of the public service corporations.
When District Attorney Langdon announced in 1906 that public-spirited citizens would assist in meeting the expenses of running to earth the corruptionists that had San Francisco by the throat, prospect of law-enforcement through the regular channels was welcomed, and ugly talk of lynch-law prevalent at the time, ceased. The success of the graft defense meant that the efforts to reach the corrupters of the municipal government through the courts had failed. San Francisco was beaten. In the community’s present inability to protect itself against the encroachments of the public service corporations, and to correct vice conditions which are far worse than in the worst days of the Schmitz-Ruef regime, the effects of that beating are seen. San Francisco will be long in recovering from the effects of her defeat. Because of the results of it, she finds herself handicapped in her race for Pacific Coast supremacy with Los Angeles, Seattle and even Oakland. And the prospects are at the close of the year 1914, that the burden of this handicap will be increased before it is diminished. In the old days an invading army conquered a city and sacked it. The System conquered San Francisco and is exploiting it.
The defeat of the graft prosecution was a defeat for San Francisco alone. It was not a defeat for the State of California.
The evil influence of the graft defense did not reach beyond the metropolis. On the contrary, the success of the defense uncovered for the whole State the actual political conditions under which all California was laboring.
The registration of 47,945 Republicans at San Francisco to defeat Heney at the primaries, and the Republican vote of 13,766 at the final election, demonstrated the emptiness of partisan pretense. One of the immediate results was a uniting of all good citizens regardless of political affiliations for good government, and Hiram W. Johnson, Heney’s associate in the graft trials, was in 1910, elected Governor of California. Four years later, James D. Phelan, Rudolph Spreckels’s associate in financing the graft prosecution, was elected United States Senator from California, while Judge Lawlor was that year elected to the State Supreme Bench. Judge Dunne was in 1914 re-elected to the Superior Bench to serve until 1920.
Decisions from the higher courts—to the lay mind astonishing; to authorities on questions of law, vicious and unwarranted—which set free men who had been convicted of dangerous felonies; scandals which grew out of these decisions; the public’s demonstrated helplessness against them, aroused the State. By overwhelming vote California added to her Constitution a provision under which The People may by direct vote remove a corrupt or incompetent judge from the bench.
The public had assumed that men trapped in bribe-giving would be measured by a fixed rule of the law, and their proper punishment in due course be meted out to them. That anything else could be had not occurred to the average citizen.
But the astonishing performances at the graft trials, the extraordinary anti-prosecution publicity campaign, and, finally, the amazing technical defense, and the failure of the graft defendants to take the stand and manfully deny under oath the charges brought against them, opened the eyes of the public to the fact that the methods of criminal procedure were sadly inadequate.
And the further fact was emphasized that while the weak points in the methods of bringing an offender to punishment could be used to advantage by the rich man, they were unavailable to the man without the means to employ a lawyer to present the technicalities governing his case.
Out of this conviction, came agitation for reform of the methods of criminal procedure. An elaborate plan for such reform was presented to the 1909 Legislature.[495] But the machine element controlled the committee organization of both houses, and the measures were defeated.
At the 1911 session of the Legislature, after Johnson had been elected Governor, measures for the reform of the criminal procedure similar to those defeated by indirection at the 1909 session, were introduced. Many of them became laws. But, unfortunately, certain labor leaders were made to believe that the measures were aimed at Labor. This led to opposition which resulted in the defeat of several of the proposed reforms.
One important constitutional amendment was, however, presented to the people that goes far toward correcting the abuses which attended the graft trials. This amendment provides that “no judgment shall be set aside, or new trial granted in any criminal case on the ground of misdirection of the jury or the improper admission or rejection of evidence, or for error as to any matter of pleading or procedure, unless, after an examination of the entire cause including the evidence, the court shall be of the opinion that the error complained of has resulted in a miscarriage of justice.”
Not a vote was cast against this amendment in either house of the Legislature. The feeling against the use of trifling technicalities for the release of convicted criminals which the graft cases had displayed so glaringly, was shown in the popular vote on this amendment; 195,449 voted for the amendment, while only 53,958 voted against it.[496]
The San Francisco graft prosecution succeeded in sending but one of the corrupters of the municipal government to State prison. He, too, would in all probability have escaped imprisonment but for the absence from the State of a single member of the Supreme Court at a critical moment.
But the graft prosecution did something infinitely more important than the sending of a few corruptionists to cell and stripes. It awakened a State to its helplessness against a corrupt system. The People arose in rebellion against the “System,” and is laboring to throw the “System” off.
In 1910 and 1911 a political revolution was worked in California.
But the revolution had its beginning back in 1906, when Rudolph Spreckels guaranteed the expenses of the prosecution of the corrupters of the municipal government of San Francisco, and Francis J. Heney, as his share in the campaign, pledged his services.
Had there been no San Francisco graft prosecution, there would, in 1910, have been no successful political uprising in California. Hiram W. Johnson would not have been a candidate for Governor. The accomplished reforms which are the boast of the State, and the models which other States are adopting, would still be the unrealized dreams of “reformers.” The “System” would still be in the saddle.
The graft defense has left its mark of ill upon San Francisco. That city has borne the brunt of the injury because of it.
The graft prosecution, by forcing the “System” out in the open, where all its power for evil can be seen, worked California inestimable good. And here, San Francisco, in common with the whole State, gains also.