Acting-Mayor Gallagher’s order removing Langdon is printed in full in the appendix. One of the charges alleged against Langdon was that he had appointed Francis J. Heney to be his deputy for ulterior purposes. Of Heney it was alleged that he had “in a public speech in said city and county (San Francisco), aspersed the character and good name of a prominent citizen of this community (Abe Ruef), and stated that he knew him to be corrupt, etc.”
Acting-Mayor Gallagher’s order of removal was made in persuance of Sections 18 and 19 of Article XVI of the San Francisco Charter, which read as follows:
“Sec. 18. Any elected officer, except Supervisor, may be suspended by the Mayor and removed by the Supervisors for cause; and any appointed officer may be removed by the Mayor for cause. The Mayor shall appoint some person to discharge the duties of the office during the period of such suspension.
“Sec. 19. When the Mayor shall suspend any elected officer he shall immediately notify the Supervisors of such suspension and the cause therefor. If the Board is not in session, he shall immediately call a session of the same in such manner as shall be provided by ordinance. The Mayor shall present written charges against such suspended officer to the Board and furnish a copy of the same to said officer, who shall have the right to appear with counsel before the Board in his defense. If by an affirmative vote of not less than fourteen members of the Board of Supervisors, taken by ayes and noes and entered on its record, the action of the Mayor is approved, then the suspended officer shall thereby be removed from office; but if the action of the Mayor is not so approved such suspended officer shall be immediately reinstated.”
Gallagher testified at the trial of The People vs. Ruef, No. 1437, to the conversation at Ruef’s law offices when Ruef first broached the matter of Langdon’s removal, as follows: “The substance of the conversation was that Mr. Ruef stated that it might become necessary to remove Mr. Langdon from the office of District Attorney, and to appoint somebody else. I replied that that was a matter for him to make up his mind on; if he determined it had to be done. I would do it; words to that effect. I cannot give the exact language.”
The San Francisco Chronicle, in its issue of October 26, thus describes the proceedings attending Langdon’s removal:
“Gallagher took the chair at 6:30 p. m. and there was ten minutes’ perfunctory business.