The day following Ruef’s confession, a committee of businessmen, representing the Merchants’ Association, the Board of Trade, the Chamber of Commerce, the Manufacturers’ and Producers’ Association and the Merchants’ Exchange waited upon Spreckels and Heney to enlist the co-operation of the Prosecution in restoring normal conditions. The committee—called the Committee of Seven because of its numbers—[242] already had the endorsement of Mayor Schmitz. The Chronicle, which acted from the start in the capacity of special pleader for this committee, announced in startling headlines in its issue of May 18, that “Mayor Schmitz practically turns reins of government over to citizens. Committee of Seven may run this city.”[243]
“With the exception of the administration of merely routine affairs,” said the Chronicle of that date, “the committee, by Mayor Schmitz’s written agreement, is to all intents and purposes, the Mayor of San Francisco.”
Governor James N. Gillett[244] was reported to be heartily in accord with the committee’s purposes. Finally, in an editorial article, the Chronicle announced that “the public looks to this committee to restore the good name of the city, and to the prosecuting authorities to stand solidly behind them while they do it.”
But in spite of the Chronicle’s insistence, the public gave no evidence of spontaneous outburst in favor of the committee. Instead, there was a general turning to the leaders of the Prosecution to note their attitude. The Prosecution gave no evidence of enthusiastic support; quite the contrary. “The District Attorney,” announced Langdon, “will not act with any committee that is named by Mayor Schmitz to take charge of the government of San Francisco.”
After several conferences with the committee, Rudolph Spreckels refused to join with it on the ground that it had placed itself in a position “to directly or indirectly accomplish results very much desired by Calhoun, Herrin and the coterie who are inimical to the Prosecution.” Mr. Spreckels also expressed his belief that a majority of the committee were sincere men who went on the committee with proper motives, but, Spreckels suggested, “if this committee really has its origin in an honest motive, I do not see why it cannot act on its own volition. I do not see the necessity of this committee demanding that I co-operate with it. If its members want to have a change in the municipal offices and the members of the various municipal commissions, let them go ahead and outline their own programme. I have no desire to dictate who shall constitute the membership of the various city offices. I started out in this graft prosecution to bring all guilty municipal officials to the bar of justice and have them punished. That is my single motive. I have no ulterior designs in this matter regardless of whatever anyone may say to the contrary.”[245]
In spite of the Chronicle’s statement that the public looked to the Prosecution to stand solidly behind the committee, and the protestations of Governor Gillett, the public was content to accept the judgment of Mr. Langdon, Mr. Spreckels and Mr. Heney as final. Without popular demand for it, there was nothing for the committee to do but resign. And it did resign.[246]
The resignation of the Committee of Seven brought from Governor Gillett a statement urging the appointment of “a strong governing body to take charge of affairs.”[247] Acting upon the Governor’s suggested plan, the five commercial bodies decided upon the appointment of a committee of seventy-five, or, as the Chronicle, mouthpiece for the advocates of this course, put it, “Seventy-five prominent citizens are to be appointed to restore order.” The Chronicle went on to say that “It is understood that Mayor Schmitz is ready to agree to act in accordance with the recommendations of the new committee as he did when the Committee of Seven was formed. He would be glad, it is believed, to have the assistance of such a body of men in meeting some of the conditions which he has to face.”[248]
At the time (May 29) of the publication of the Chronicle’s belief that Mayor Schmitz would be glad to have the assistance of such a body of men as had been proposed, the Mayor’s trial was drawing to its close. A fortnight later he was convicted of one of the gravest felonies that can be charged against an executive. Mayor Schmitz’s conviction brought complete change in the situation. It made possible the ousting of the entire corrupt administration. In the ousting, the commercial bodies, as well as the representative labor union organizations, were given opportunity to co-operate. The refusal of the majority of them to participate threw the obligation upon the District Attorney’s office.
When the Jury returned its verdict finding Mayor Schmitz guilty of felony, District Attorney Langdon found himself in an extraordinary position. Upon him, as District Attorney, fell the responsibility of naming the chief executive of San Francisco to succeed the discredited Mayor.
There was no question about a vacancy existing in the Mayor’s office. Under the California laws, a vacancy in office exists upon conviction of the incumbent of felony. The courts had held repeatedly that a jury’s verdict of guilty in a felony case carries conviction.