The passage between Heney and Ruef’s lawyers which followed Judge Seawell’s ruling is thus set forth in the San Francisco Chronicle of November 3rd:
“‘You can ask Mr. Ruef if he is guilty of any crimes or felonies,’ Ach suggested to Heney.
“‘I suppose he’ll plead guilty here?’ responded Heney skeptically.
“Samuel M. Shortridge, of Ruef’s legal staff, took this remark to heart and hotly said to Heney, ‘You’ll plead guilty before he does.’ The Judge informed Shortridge that Heney obviously spoke in jest, but Shortridge thought it a poor joke. Ruef considered Heney’s whole proceeding a joke.”
Judge Seawell in his decision said:
“I am clearly of the opinion that the Charter, in so far as it relates to removal and suspension, does not apply to the District Attorney. I am firmly convinced that neither the Mayor nor the Board of Supervisors has any power to remove or suspend him. The District Attorney should not be left to the investigation of the municipal authorities. I can conceive how he might be compelled to proceed against the very persons who might be conducting an inquiry. I will grant the injunction as prayed for against Mr. Ruef.”