“San Francisco, July 9, 1907.—To the San Francisco Labor Council, the Merchants’ Association, the Building Trades Council, the Chamber of Commerce, the Board of Trade, the Real Estate Board and the Merchants’ Exchange: Gentlemen—We respectfully submit to your consideration and ask your co-operation in the carrying out of the following proposed plan for the selection of a Mayor of the City and County of San Francisco for the unexpired term of Eugene E. Schmitz, who, having been elected Mayor of the City and County of San Francisco in November, 1905, was on the 13th day of June, 1907, convicted of a felony; to wit, of the crime of extortion, by a jury in Department No. 6 of the Superior Court of the City and County of San Francisco, State of California. Thereafter, upon the 8th day of July, 1907, judgment upon the conviction was duly pronounced and entered, by which a sentence was imposed of five years’ imprisonment in the State Prison at San Quentin.
“The Political Code of this State, and the charter of the City and County of San Francisco, both provide that the office becomes vacant when the incumbent is convicted of a felony, and in several decisions our Supreme Court has held that the words ‘convicted of a felony,’ signify the verdict of a jury. That court has also held that this provision of the code and charter is self-acting, and that the vacancy is created ‘eo instanti,’ upon the happening of the event, and that all that is necessary is for the appointing power to fill the vacancy thus created. By virtue of the conviction of Eugene E. Schmitz, the office of Mayor of the City and County of San Francisco became vacant. Upon the 9th day of July, 1907, the Board of Supervisors, pursuant to the charter, elected as Mayor to fill the vacancy thus created Dr. Charles Boxton. This action was taken to avoid legal complications in the interim, before a permanent selection of Mayor could be made, and it is thoroughly well understood that the selection of Dr. Charles Boxton is merely temporary.
“The conditions surrounding the present Board of Supervisors have been so completely explained, through the public press, that it is unnecessary to go into further detail in that regard than to say that Dr. Boxton has offered to resign his office as Mayor, as soon as a suitable successor has been found. In the present unprecedented condition of the municipal government, circumstances have made it the duty of the District Attorney, in the interest of the public welfare, to take the initiative, in the endeavor to find such a successor.
“It is the desire of the District Attorney as speedily as possible to confine the operations of his office entirely to those duties ordinarily incumbent upon it. The next election for city officers takes place in November of this year, but the situation of the city government, and the material conditions obtaining in the city with regard to necessary public improvements, render it absolutely indispensable that we proceed with the utmost energy to obtain for the office of Mayor a man of unblemished integrity and great executive ability.
“The District Attorney and his associates, realizing that the selection of a Mayor to fill the unexpired term in question should be made by as representative a body of the people as possible, have deemed it wise to call together a convention that will be, as nearly as circumstances and the time at our disposal permit, fairly representative of the community at large. For that purpose they have decided to call together a convention composed of thirty delegates, fifteen of whom shall represent labor, and the remaining fifteen shall represent employers generally.
“It is, of course, impossible on account of the limited time at our disposal to accord representation to all the organized bodies in the city entitled to the same. All that we can reasonably be expected to do is to make a sincere and earnest effort to have the convention composed of delegates from such well-known organized bodies, large and varied in membership, that the people generally will be satisfied that the plan of selection is fair, reasonable and democratic.
“The prosecution in the graft cases feels that it is highly desirable to keep politics out of the organization of the city government as much as possible until the people, in the manner ordained by law, have an opportunity at the ballot-box again to express their will directly.
“We address this communication and invitation to the following bodies, to wit: The San Francisco Labor Council, the Merchants’ Association, the Building Trades Council, the Chamber of Commerce, the Board of Trade, the Real Estate Board and the Merchants’ Exchange. We respectfully request the foregoing associations to send delegates to the proposed convention on the following basis of apportionment, that is to say, that the two bodies representing labor shall select fifteen delegates, eight of whom shall be selected by the San Francisco Labor Council and seven by the Building Trades Council, and the remaining fifteen members of the convention shall be selected, three each, by the remaining five bodies above mentioned.
“It will be appreciated that it is necessary to impose a time limit within which the selection of delegates shall be made, and the subsequent nomination of a Mayor by the convention shall be accomplished. In that view we ask that a response to this invitation, containing the names of the delegates selected, be delivered to the District Attorney’s office, 2181 Fillmore street, on or before Saturday, July 13, 1907, and that the Mayor be nominated within five days thereafter. The success of this plan, in our judgment, depends absolutely upon the harmonious co-operation of all sections of our people, who, we believe, are fairly represented by one or more of the foregoing associations. Consequently we deem it essential to prescribe as a condition for the assembling of the proposed convention that this invitation shall be accepted by all of these bodies.
“This plan for the selection of a Mayor is the result of most patient, thorough and anxious deliberation on the part of those associated in the graft prosecution, and its single purpose is to satisfy, so far as in our power, the desire of all good citizens to sink factional and political differences and choose for Mayor a man who will be generally recognized and accepted as representative of the whole people, who will bring to all industrial disputes a spirit of conciliation and harmony, and who will be possessed of the capacity, energy and honesty needed in the great work of rehabilitating our city and restoring it to normal conditions. We desire that perfect freedom and independence of action shall govern the convention from its inception to its close, and accordingly the District Attorney and his associates will wholly refrain from any participation after the convention has assembled. I have the honor to be,