“A large number of German insurance companies, having lost many millions of dollars by the conflagration of April 18, 1906, having denied their liability, Eugene E. Schmitz, Mayor of the City and County of San Francisco, deemed it advisable in the interest of the upbuilding and rehabilitating of the city, to visit the German Empire in his official capacity for the purpose of stating the true facts concerning said conflagration to the home officials of said companies and to use his personal influence wherever the same would be available in the German Empire, with a view to cause the said insurance companies to pay the said losses; and deeming said matter one of great public interest, the said Mayor did obtain from the Board of Supervisors a leave of absence from the City and County of San Francisco for a period of 60 days from October 1, 1906; and after he left on said mission, a combination, plot and plan was formed for the purpose of defaming and injuring and weakening the standing and reputation of said Eugene E. Schmitz, in order that his said attempts might be discredited and to destroy whatever influence the Chief Executive of this city might have in dealing with the said insurance companies at their home offices and in obtaining influence abroad to compel said companies to properly recognize their obligations; and that as a part of said scheme, it was determined to print and publish in the newspapers of San Francisco charges against the said Mayor which were false, malicious and slanderous and known so to be by the parties engaged in said scheme, and among other things said persons so engaged did cause it to be published that the Chief Executive of this city was a fugitive from justice and had absconded from the City and County of San Francisco; and that the said William H. Langdon, as District Attorney of the City and County of San Francisco, and acting in his capacity as such, did aid, assist and abet and further the said scheme as aforesaid, and has become and is an active party thereto to the end that said Mayor should be induced to return to San Francisco to defend himself against such charges before he could have time to accomplish the said purpose for which he went to said German Empire.
“Specification 5:
“Violation of Duty and Use of Office for Ulterior Purposes.
“That during the fall of 1905, one Francis J. Heney, in a public speech in said city and county, aspersed the character and good name of a prominent citizen of this community, and stated that he knew him to be corrupt, and said citizen having instantly demanded that said Heney be compelled to make proof of said assertions and said Heney having been compelled to appear before the Grand Jury of said City and County of San Francisco with reference thereto, there admitted that he had made such statements without any personal knowledge regarding the same, which facts were widely published at the time, and brought said Heney into obloquy and contempt, from which time said Heney had been possessed of a purpose to effect a personal revenge both against the object of his false charges and against Eugene E. Schmitz, Mayor of San Francisco, and all of these facts were and are well known to said William H. Langdon, as District Attorney as aforesaid; yet notwithstanding said knowledge and within the month of October, 1906, the said William H. Langdon, in order to enable said Heney to use public office, position and power to gratify his spirit of revenge and malice, did appoint said Heney Assistant District Attorney of said city and county, and did turn over to him the powers of office of said District Attorney in order that he might gratify his private revenge and malice.
“Specification 6:
“That prior to such appointment as such Assistant District Attorney, said Francis J. Heney had publicly assailed the Judges of the Superior Court of the city and county as corrupt and crooked, and had denounced all or nearly all of them as dishonest and corrupt, and yet has failed at any time to make proof of such charges, which facts were all well known to said William H. Langdon, District Attorney as aforesaid, from the time of the utterance, which was long anterior to the time of said Heney’s appointment by said Langdon, and said Langdon also knew that said Heney frequently, while intoxicated, made grave and serious charges involving the personal character of citizens of this city, yet notwithstanding such knowledge said William H. Langdon did appoint said Heney to such office, knowing that the said Heney in such office would be required to appear before the Judges whose character he had thus aspersed, and to practice in their courts, did appoint said Heney to said office, which appointment is not conducive to the proper co-operation which should exist between the Judges of the Superior Court and the office of District Attorney.
“Specification 7:
“That said Francis J. Heney at and prior to the time of his appointment as Assistant District Attorney was the representative of the corporation controlling the street car system of said city and county in a certain dispute between said corporation and its employes, That the appointment of said Heney to said office will, in regard to the enforcement of law against said corporation, be prejudicial and detrimental to the interests of said city and county.
“Specification 8:
“That prior to the turning over of said District Attorney’s office and its powers to said Francis J. Heney, as hereinabove specified, the City and County of San Francisco had intended to procure its own water supply and thereby to prevent the exorbitant charges for water now exacted by the private corporation controlling the city’s water supply, and that it was about to take proceedings to provide a safe and secure supply of water for said City and County of San Francisco for domestic use, extinction of conflagrations, etc., and that such purpose was greatly to the interest of said City and County of San Francisco, That said corporation now supplying water to said city and county is bitterly opposed to the acquiring of a water supply to the City and County of San Francisco on account of its present monopoly.