The following is from the Supreme Court decision revoking the Ruef order for a rehearing (see California App. Reports, Vol. 14, page 576): “The moment Justice Henshaw left the State, in view of the authorities already referred to, he became unable to exercise any judicial function as a Justice of the Supreme Court, in this State or out of it, and this disability continued during the whole period of his absence. During that time his situation was the same as if he had absolutely ceased to be a member of this court. It is true that there was a suspension, only, of his judicial power, instead of a final abrogation thereof, but the suspension, while it continued, was as absolute in its effect on his judicial power as would have been a complete vacancy in his office. Assent to or concurrence in a decision or order of the court being the exercise of a purely judicial function, his previous proposal to concur in a proposed order, one that had not yet been made and one that had not yet received the assent of other justices making it an accomplished decision, temporarily ceased to be effectual for any purpose, and so continued ineffectual for any purpose during the whole period of his absence. Such previously indicated willingness to concur could not accomplish that which the absent justice himself could not accomplish. The time having expired before he returned it follows that he never concurred with even a single other justice in the purported order. (1) Admittedly this order, if it ever did become effectual, did not become so until January 22, 1911, when the fourth justice appended his name. At that time, however, Justice Henshaw could not effectually join therein, because of his absence from the State, and his previously indicated willingness to join therein could have no legal effect. The result is that only three justices of this court concurred in the purported order, and as such order could be made only by the concurrence of four justices, it was ineffectual for any purpose and void.”
Ford’s term as prison director expired January 12, 1914. He continued in office until his term had expired and his successor had been appointed. After Ruef had confessed that the trolley bribe money had come to him through Ford, the Sacramento Bee of August 30, 1912, after reciting the allegations of Ruef’s confession, said:
“There, in brief, is the tale which Abraham Ruef tells with much particularity. It is now in order for the Board of Prison Directors to ask the resignation of Prison Director Ford.
“Undoubtedly, Governor Johnson would make a demand to that effect were he in the State.
“Much sorrow, if not sympathy, has been felt for Tirey L. Ford all over California. The Bee has expressed some itself. The feeling has been that a man of naturally fine principles and honorable sentiments had been warped by his environments, and had done under instructions that at which his better nature rebelled.
“It would be futile now to discuss what Tirey L. Ford should have done and should not have done; or to declare that no temptation should have led him to perform any other than legal work for the United Railroads.
“The Bee will say as little as it can say conscientiously under the circumstances. Human nature is human nature the world over. And The Bee men cannot forget the long, long years of intimate friendship with and faith in Tirey L. Ford. But every consideration of the eternal fitness of things demands that he should no longer remain a member of the State Board of Prison Directors.”