The San Francisco call. [volume], January 15, 1908, Page 6, Image 6

About The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913

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WEDNESDAY
The Sati Francisco Call
JOHN D. SPRECKELS Proprietor
CHARLES W. HORNICK. .... '. General Manager
ERNEST S. 51MP50N . . . .... . . .... . . .... .Managing Editor
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CONFUSING THE ARGUMENT
THE Chicago Tribune says "every railroad system in the United
States is threatened with dissolution as a result of the decision
of the administration to institute proceedings against the Union
Pacific and Southern Pacific railroads for violation of the Sher
man antitrust law." It is a sweeping statement, but it is not neces
sary now to examine the measure of its truth because as long as it is
the policy of the law to maintain competition among railroads the
president has no alternative but to enforce the Sherman act. The
president has recommended certain amendments of that law permit
ting combinations among railroads with the consent of the interstate
commerce commission, and if congress is not too busy doing politics
something may be done to smooth the asperities of the existing
statutes. &£\* S'li-; v^' : : -\u25a0
People would be inclined .to regard the case made for the rail
roads with greater favor if it were presented with*more regard for
truth and fair play. The crowning sin of a literary bureau is when it
behaves like an attorney and misrepresents facts on the* assumption
that the people are fools and ignorant. Thus we find in a broadsheet
put out on behalf of the Union and Southern Pacific \vith*a view to
influence public opinion a quotation from the .argument.;of;:Coun
selor Lovett on behalf of the Union Pacific before the interstate
commission. It follows: ..'\u25a0* J skk " \u25a0.'-. r. ' : .
Suppose the interest controlling the Burlington or the Rock Island or
the Missouri Pacific in connection with the Denver and Rio Grande had
acquired control of the Southern Pacific? What would have been the position
of the Union Pacific and where would it be today? • '
It would have been precisely where the Denver and ; Rio Grande finds
itself — in a position where it is forced to build from Salt Lake across the Sierra
Nevada ranges to the Pacific ocean, and when it gets there it is still without
tracks into all the industrial and shipping interests : which have been built
up along the tracks of the Southern Pacific in the thriving cities, of California,
whence comes such a rich and valuable traffic for the connection at Ogden
favored by the Southern Pacific.
If the men who controlled the Union Pacific in the transaction were sane
men these were the considerations which, it seems to me r must be attributed
to them, and that any purpose to restrict competition, insignificant as it must
have been, could not have entered into the transaction at all.
Probably that statement might not deceive the commission,
but addressed to the general reader it is wholly .misleading. As
stated by Lovett, it is absolutely untrue. If he had said that a rail
road terminating at Ogden must have a coast connection, and there
fore the purchase of the Central Pacific .was justifiable there would
be few to dispute his contentions. But the Southern Pacific system
includes also the Sunset route that should be in direct competition
with the Union and Central.
:H.'f. Misrepresentations of this sort are silly. They only serve to cast
discredit on the whole case made out on behalf of the railroads. It
does seem that these wealthy corporations ought to be able to hire
somebody who is capable of making an honest argument.
MR. DE YOUNG'S THEORY OF MORALS
/~\ EXERAL M. H. DE YOUNG propounds a new theory of
1 morals. He offers amendments to the ten commandments.
\J" Suffering Moses! The new scheme of morals that Mr. de
Young proposes with a wealth of imagery that almost breaks
into song would give the world a sliding scale of sin and crime
proportioned in the direct ratio of the wealth and social standing
of the transgressors. The way of the transgressor should not be
made hard for him who is received in that society of which Mr. de
P Young is himself an ornament.
Let us be exact and quote the identical words of this comfort
able moralist. "Ruef, Schmitz and the keepers of immoral resorts,"
says Mr. de Young, "are all in one class and separated by a great
gulf from the 'higher ups,' with financial and social connections.
They are all alike in the underworld." ;
There you are. It is "financial and social connections" that
make all the difference in crime and criminals. Yet it seems that
this yawning chasm of society and finance was easily bridged and
the underworld shook hands cordially with the upper four hundred
over -bribes passed and robberies consummated; Indeed, Mr. de
Young's friends on the sunny side of the "great gulf" "had much .the j
best of the bargain. «
In his defense of the appellate court Mr., de Young announces/
doubtless by authority, that these jurists have no. "sympathy"' with'
the. underworld which includes s ßuef and Schmitz. Judicial sym
pathy, it may be inferred, begin? and erjds" with the. people who
enjoy "financial and social connections" in those exalted circles
where Mr. de Young revolves, a \ bright, particular , star. ,
In propounding this new fangled' theory, of morals '.'it becomes \
necessary to call Ruef a rascal. When De Young calls Ruef a rascal
Satan laughs. But we are ; left in doubt* whether Ruef would be a
certified rascal had he, like Mr. de Young, those "financial and social
connections" that would commend him to the sympathy of the court
of appeal.
As a moralist it may be freely conceded that Mr. de Young is
a howling success. At least he canmake San Franciscohowl; But
the trouble is that, his gospel is uneasy; he won't stay^ put, and
the plain citizen cannot keep up. "Damn the moral issue; what
we want is prosperity," was good enough morals until after the
election, but now his gospel hymn is "If you don't got any money
you needn't come around."
NOTE. AND COMMENT
\u25a0 i \u25a0 \u25a0 \u25a0\u25a0
mBB&gSp&BMS&Sm*^ "-\u25a0 •"." "
The government expects to .withdraw
from Cuba next year. Still'it would
be a good plan-to hover.around some-
r-*jere handy. ,
EDITORIAL PAGE
.—
' \u25a0-' :' \u25a0•,»\u25a0 ' .\u25a0-.'• "\u25a0• \u25a0
Banker Ragland is accusedfiof, hold-
Ing...up: a depositor with -a revolvei.-
He is the finst of the .bankers: to v dls-
J play that much nerve \u0084 \u25a0--. . -;,.-.\u25a0-»; \u0084-.\u25a0-»
Mystery Enshrouds Dargie's Acquisition of
Nightingill's Half Interest in Tribune
Chapter XII of the Plunderer's Record
Dargie of the Oakland Tribum
Satisfactory Proof of a , Bona | Fide Transfer
Never Forthcoming After Partners Death
\u25a0 - \u25a0- - - .. - \u25a0. - • . ' • - ' . - _
THE mystery that enshrouded the acquisition , of
A. E. Nightingill's half interest in the Oakland
Tribune by W. E. Dargie has never been satis
factorily cleared, and. as mysteries are interest
ing, this episode in the. early career ' of Dargie
will be read with the pleasure usually attaching
to narratives of that kind. '-"• ;•
A. E. Nightingill was a printer who came to Oakland
in 1875 from Marysville, where he hadbeen employed on
the Appeal. In 1876 Njghtingill purchased of Ben Dewes
a half interest in the Oakland Evening Tribune, pay
ing therefor $6,500. This money was in gold coin, being a
portion of his wife's separate property. Dargie at this
time was an employe' of Dewes, and he remained with the
Tribune in a subordinate position after Nightingill became
a partner in the concern.
./ Dewes and Nightingill were both dying* of consumption,
and Dargie was probably even then preparing to : inherit
their newspaper estate. As has been; related in; this biog
raphy, Dargie did inherit the estate of Dewes,* for, accord
ing to a statement by Mrs. Nightingill. thVmotherof.Ben
Dewes informed her that Dargie had never paid" a cent for
the Dewes interest, the purchase having been made with *'a
Dargie note indorsed by A. KH P. \u25a0-- Harmog -and | Samuel
Williams, editor; of the San Francisco.' Bulletin. Whether
this note was ever redeemed by Dargie Is part of .the mys
tery involving Dargie's original contrSol of tne /Tribune.
Several years after 'Dargie had -obtained full possession
of .the newspaper Mrs:. Nightingill published a statement In
which; she declared, that during the partnership of .tier, hus"
band and Dargie, there was a continual draft upon her pri
vate to meet the expenses' of. the publication- of the
paper,' and' at no time ; was/there : any : income from I that
source. : Toward the endof 1876 Nightingill transferred all
the papers 'relating to his ownership in the Tribune from
his home to the office of the' newspaper, where they were
locked in the office saf e. . * .-"••• '
• Nightingill's ! malady grew<worse,- and Dargie, as he ; has
recently testified, was "elected, president of the" company."
He lias not testified, however, by , : whom he was elected or
why he was elected ; and \ this part; of -the" early v history
the Tribune rnayialso be relegated to.; the, general limbo of
mystery that veils all the transactions leading, up to the
period in which Dargie appears as the "sole proprietor" of
the Oakland Tribune. . ; ','. :.//V W£&Mii§is
. Mrs. Nightingill says that while her; husband .was dying
she made repeated efforts to secure possession of her hus
band's interest in , the Tribune, but without result.' » She
also. consulted W. R. Davis, a .well "known lawyer of Oak
land, in ' regard to securing , the Nightingill 5 interest in the
Tribune as her separate property; but before the neces
sary, arrangements'. could, be made -Nightingill. died/ in De
cember, 1879.' Previous to; his death Nightingill repeat
edly told his wife that he was still; a half owner in the
Tribune. After the death of Nightingill, \u25a0 Mrs. Nightingill
Iried to s^e Dargie.. but was unsuccessful. Her 'brother, ; J.
D. Nelson, finally forced Dargie to an explanation,. and was
informed that he (Dargie): had: bought; the; Nightingill: in
terest in -the. Tribune. He. ' produced no evidence at this
?Th c - S mart Set.
1 - \u25a0-.\u25a0'\u25a0' \u25a0 \u25a0
i >->| ARDS will be out in a'd:y cr two
! | for the weddding of Miss-Mtbel
I '. Mason and John Biihop, wiio a?e
| A^tp : be married Sunday next, Jan
uary 19, at 12 o'clock, in '.the. Episcopal
church of Sausai:t3. The. ceremony
will be performed by the-/ rector,,- Rev.
Mr. Maxwell, and will be witnessed ony
by the nearest friends and the relatives
of both families. " A wediingi banquet
at the Mason home w.Il follow, after
which Mr. and Mrs. Bishop I will leave
for a long weddlog Journey. : Their
new home will be a; charming cottage
next dooi to. the bniie'a oldjhome.
Although the wedding is to be a
•comparatively small affair : It .will" be as
pretty as possible in I every detail and
the little church, which -lends '(itself
delightfully to/ suchi events; will ; ire a
bower of winter, flowers^and; greenery.
The wedding gown is an ' com-,
bination : of .creamy ;silk and ' old lace
and S the four,- bridesma ids and maid ; c f
honor .will be daintily f recked [alike,, in
silk ;illbslon over -sIIk: .'The ;.briie. will
wear the cony entlonal veil and can y a
shower bouquet of whlte ; lilies.;; -
' . The bridesmaids Twill VbeSMlss, Alice
Colden Hoffman, ; Miss ' Blanche L Rus sell.
Miss Constance | Russell I and ?Mi" s ! ; Vic
toria Walthmann. Miss -.Winif red; Mason
will attend her sister, as -maid; of <honor.
John; Arthur -Lowe, : Henry. C.;Ca : Tipbell
and Dalton? Harrlsou < are» to, be- ushers
and . Dr.' Shad ; Beasl ey, wiil ' b« . bestf man.'
Miss ' Mason is the * oldest] daughter.- of
Mrs. Charles \u25a0* } Mason Q and ; one H of ;
most popular, of Sausallto'a'i girls.' : The
family, is 'English* in": origin,;ibut vth«
Masons : have" had \ a ,' homejinSSausalito
f or . many years. ..With 1 ? her \u25a0 mot 1 ; er " and
slster.i Miss 'Ma^on^spent s thejf inland
autumn • of last y«ar*.ln ; the Jea st,-i return- \u25a0
ing. only a; few^ weeks ago; to California.
Miss /.Winifred.;. Mason /~;is r alsq.> to *be
married in 'alfewl weeks: " ; y; '\u25a0]\u25a0' ;, ; \c '-;\u25a0-..;
i ; Mr. r Bishop is ajLlverpoolfman a.nd has
been/in 1 Callfornia^threeior ;four : years.'
Heihas' many; friends'* here." .
-.'.-., \u25a0 •\u25a0\u25a0.•'\u25a0.•: \u25a0•\u25a0*..••* y •\u25a0\u25a0:-. \- ; - .; \u25a0 \u25a0
/The ;' date of Miss. Edna , Prather's
marriage to ; William ;de; Fremery \u25a0? Is
February \u25a0'[^'l2 ' " a«d^'invitations ;;: to "the
.wedding,' iWhich^isl to tbe', a- very* large
one, will ; be : out In' another; fortnight."'
Mrs. ; Jack Casserly, who. recently re
turned from . New , York?' and^ls : spending
!the"* winter ;'as"j the 'guest^pf Jherij hus-i"
band's ;: mother, > Mrs." f Casserly,; in? her
Buchanan f street ' home,*? will | continue
the '; musical ; - s tuciy she • besran : in the
The .worst thing that • ever, happened to O aklanid and
Alameda county was William E. Dargie. ;
If Dargie had never controlled a; newspaper Oak
land and Alameda : county might ' have endured him in
definitely ; he would have been a rascal : without means
to make rascality, effective or profitable— a burglar with
out tools/Through his newspaper, the. Oakland Tribune,
Dargie became at once and has ever since been the evil
genius of his community.
The Call has carefully and painstakingly investigated ,
the public record of Dargie. Today it continues the pub
lication' of that record. This publication will be kept up
from time to time until Dargie and his Tribune are^gen
erally known for what they really are— the man as the
advocate and associate in villainy and in profit of the
political and civic corrupters of Alameda county, and his
newspaper'as the organ of graft arid the tool and, weapon
of public plunderers.
time, however, and he \u25a0 refused to i say how much 'he paid
or in what form the payment was made. , '.;'
Mrs. Nightingill/ was 'herself an invalid and could not
press her claim against Dargie as vigorously as. she. should
have; done. Eight years after the death of her husband, in
October, 1888, she did/ however, make another -formal de
mand upon Dargie to produce the proof that he had pur
chased the Nightingill interest in the Oakland Tribune. At
that time she was the wife of. 'George; Morse, a son of
Harry Morse, formerly' sherifT of Alameda .county. Mrs.
Morse defied Dargie to produce document shows
ing ; that E. A. Nightingill had vdisposed of | his Interest in
the Tribune, or any paper' showing that he, had a valid
claim against the. ; Nightirigill | half • interest in the paper.
\u25a0Mrs." Morse also declared .it to be her sincere belief that
the "documents which'her" husband had locked: in the' Tri
bune's office safe, which -were proofs of his ownership' in the
Tribune, were 'destroyed by" W. E.: Dargie with intent to
defraud Mrs. Nightingill: after her husband's death.
It is probably that Dargie would have paid no attention
to these charges if they had not been used as campaign
material against him in his candidacy for the state senate
from the seventeenth -district, to succeed-hls' friend arid
benefactor, Henry /Vrobman.'. To protect himself in this
crisis he was compelled to make a/show of defense, so he
called in some of his stanchest political allies and laid
before them promissory i notes (the usual method of- pay
ment by Dargie), given^ by himself in" lieu of deferred pay
ments to Nightingill for his half interest in the Tribune,
all of which had been duly and apparently regularly satis
fled. : Then Mark /-Wlggin, a. lawyer -arid at one time, edi
torial;: writer ;on^the'. s San/Francißco Chronicle, signed ". a
'statement .'to "the 'effect that he had examined the evidence'
of ownership of "the '.Tribune and found it con
clusive. . .."^ , /':\u25a0 ! ...-\u25a0./, > /,-./..,."._/, "\u25a0\u25a0./.-_ .'• .\u0084[ .'/\u25a0
' Mrs. Morse. _and her-. husband, however, were ] not \u25a0 satis
fled, arid when' they had , read the ;<Wiggin /statement,
printed in the; "Tribune, they called at Dargie's. office and in
the ' presence » ofj Dr. : E. / H. Pardee, M. 'T. ' Dusenbury arid
Fred- M. .Campbell demanded to 'see \u25a0 the documents trans
ferVing/the/ Nightingill .interest, for the purpose of com
paring the signatures with unquestionably genuine^ signa
tures of -A. 'E. Nightingill.-. Notwithstanding the presence
of meniwho.rwere'at that time his .friends. 'Dargie refused
to permit: the comparison, except- upon an; absurd condi
tion.-: He insiste.dthat Mr. and Mrs. Morse should procure
the attendance of the three, superior 'court judges at his
office. He would then, he said, permit -the Morses to com
pare the signatures. .
•;• There -was,; in truth, no other than a political reason
why Dargie -should have . taken the trouble to prove his
ownership of the Tribune. : -He could have readily destroyed
or lost all the documents Jin the' transaction', and it would
hav6 been impossible to establish ari adverse" claim .upon
his 'title to; either the Nightingill: or the Dewes/ interest in
the Tribune. .The. mystery, .therefore,' is as. profound as it
was in the beginning. And it probably will ; always; remain
a : mystery, for ; it^will; be; extremely difficult to s prove that
Dargie ever redeemed any or ; the potes with which he pur
chased "the Tribune, as. there is no /evidence that" he has
ever' fulfilled any obligation that he could safely evade.
> ! east- and has rented a; studio in .the
[i Studio building in Presidio avenue hear
! , Washington street.', . ' ' v .
Miss Marian -Miller, the. daughter of
I Mrs. C. O. G. Miller, who '-. is ' to^ be one
;'.; '. of ;'\u25a0., next'" year's debutantes, will be
j hostess.a t an Informal tea given; in her
j home in , Pacific avenue: this \u25a0\u25a0 a'ternoon
'| in .honor.' of Miss' Dolly MacGav.'n. Al
[ j though no regular cards have ? been7is^
• sued for ; the affair, ? all -the invitations
' \ having: been .given Iby telephone, \ the
flist of those, invited' has breached; 40 and
s I includes ail the members of the younger
. 1 set. ; Among •; thosV biddden '- are-Miss
, -Helen -Bakery 1 Miss-: Dorothy : V«>n Sickt
, ' len,. Miss Margaret : - Newhall," Miss Les
lie Page, Miss ' Anlla'iv Maillard, -. Miss
j* Marian * Newhall, ., Miss\ Mary Keeney,
\u25a0 MlssLanghome.Mlss Irwiri.'Mlss Helen
ij' Wilson, " Miss '[ Louisiana " Foster,':; Miss,
\u25a0 Eleanor Cushlng, Miss, Hannah dußois,
j Miss • Susanne Klrkpatrick and Mißs
'j Augusta" Foute. \u25a0' '
," i '\u25a0\u25a0 -\u25a0\u25a0> '.'\u25a0'\u25a0. '\u25a0•*\u25a0\u25a0''' ;".!*.•-.\u25a0 •". *':':.\u25a0'\u25a0 .\u25a0\u25a0*', \u25a0 \u25a0 .. ;\u25a0,..;\u25a0'
I ; ;>; San{ Rafael people .are very glad- to
j welcome home;Mr.^andiMrs.> Wiliiaraf J.*
, : Cas^yi and. 1 - their,?: attractive Tdaugliter,
I Miss Ruth, .who have'been'ini l the' south
ern part of the state for several months.
, They;haveireopeneditheir/.pretty'horne
In' San; Rafael and VwillC spend the*rest
of", the -..winter 7; and;* theV spring^ there.'
They .' were, accompanied^on f their' trip
A south , by ; Miss r'Annai Foster, jwho ; spent
a: month as : their. guest.iand -later^had
Miss Ruth here fora : visit.;'
|"y =">'.- •".•-\u25a0>'. A - '.\
( A new bridge "club has r lately: been
! formed: In Burllngame,, which ;promlises
j to . be ; a';, very i flourishing -organization.
Its membership^ is Uojbe k*limitedv.to^4o,!k * limited v.to^4o, !
;| and 1 the ": patronesses .'are""- Mrs/" Andrew
;i-Welch^ Jr.; ; Mrs^iWilliam'iGeef^HitctiV!
I cock.SMrs.; John-Johns fahd-Mrs.^Arthur
: Whitney;.;?:^ •;;: \u25a0r;';> : J-.' : i-.V/f'; : : : ':';;;
:.\u25a0"-'.'-'. '.; \u25a0-.' .>\u25a0"•.' '•\u25a0.•,:-\u25a0 /* '
, .- William - : Cafrigan, .who"; is ;to-give\ an
: i exhibition of j his < paintings ,in:-,Vickery's
art ;: rooms K»beglnning 4: Saturday/, next,
• has jbidden; about* 2oo jaf hislfriendsito
the. : ;';' which I'^is/ to; .take
t placef-in, jVickery'sH' Friday '*afternobn7
Thlsi.is^aVdecidedihhnovatidnCinssSarr
;Francisco^and; will h be* made^ quite 7a
' social- event; by smart \u25a0': set v here;
Tea^ls^to beone of : theifeaturesrof.;the
afternoon^and '.wiir,be;poured'*.by "Mrs/
AndrewJ^Carrigan,'." Mrsl^ Jack t Casserly
and Mrs?: Clarence f Cafrlgan;\;^V
.•'. .. \u25a0 f:;- \u25a0\u25a0'\u25a0\u25a0•;•.'•' '.• ''• '" \u25a0 "•\u25a0 * IV- \u25a0 '•'. •" '\u25a0' ' \u25a0-'\u25a0\u25a0 - ."'\u25a0" \u25a0 " !•\u25a0''• ••*"• :
H Miss Alice 'LeignV'whose^'famllyf' 1 is
':f of -^theY: bestir known;* iru San?; Jo^
\u25a0 and? whose'iparents^have'' a ' handsome
home" there * on I lieieli^avenue^' Is s alvlff^
.-- v> . .- . , : .-.:-.. — ; —, — —-A*
I tor -i^ in San- 'Fran cisco- and is ; staying
with Miss Malsie Coyle; in her home
in Pacific avenue. Miss Leigh- will
remain for the next Friday night dance.
i Captain" Usher and the wardroom of
ficers >of the;: St. Louis /have sent: out
cards for another of -these < popular
aboard /ship .dances, this one to take
place on Saturday; afternoon. Three to
six -are the hours mentioned, and the
list vof /guests include "-many of San
Francisco's; prominent girls.? '
The. annual, fancy dress dance at
Mare, island ; : is .-beginning; to be much
talked j; about; ;• In service /circles and
out ,; and ..will be ; one of the largest
events, given! in the sail loft at . the
yard^for'ajlong/tirne^ ';It \sl to -take
placel-early in /February *and swill be
attended by many of -the: city's; young
people" as ; well-a s : : those from all the
bay. posts and Mare Island.
\A\ number -of-, .promineijt . society
women are to be; patrons of , a", series
of; lectures on the miracle and, morality
plays, to Ibe; -given 'i before/ the Caed
mon>club. by ' Prof esaor : ; Martin' C. Fla-*
herty;of.ithe^ University; of -; California;
Those.i arranging 'the are Mrs
Eleanor^ Martin;, Mrs. r ,» Frank « J. ? Sulli
van,. Miss; Sprague, : Miss Murphy, Mrs
M.V J.;' Fottrell, ; MrsJ =J. M.' Driscoll, ; Mrs.
Margaret'sDeane, Mrs. 'C Garret j McEner
ney; Mrs." W; G/ Hitchcock,"; Mrs. ':\u25a0•.:: Clin
ton (Jones' and Mrs. -W. \u25a0\u25a0. D.iNesfield. : Mrs.
Driscoll; has/ offered /her;- home,' 1798
Broadway, v for ; the ; Tuesday afternoons
ofp midwinter .'during . which % the -talks
will 'ibegiven.'ylt'has' been? settled- that
•th^'j initial/ lecture H is v to-; be'K' delivered
January^ 28; commencing at 3:30 o'clock
The f subject of ; this iis jrrhe'<Beginnings*
of Hthe'sModern" Drama;; The -Liturgy of
the.Church."; '•\u25a0.-. ':/ '^
Flaherty/ is' at home, on the
platform, /being . in charge of s the de
partment Vof :- t debate^ in'lthel State : uni
.versity.i; Under; his^tutelage'th.^ Carnot
trophy jhasjbeeo^ several /itlmes s^carried
oft ifromUhei Stanford? men'by/,theiUni
verslty;;of :; California^ debaters.
A special i interest ;be j awakened
in /the i;' proposed '^'lecture course . from
th.» : coincidence t that ? Professor,! Charles
Mills^Gayley.^ has~ issued^a Jt.volume -on.
th>;:suliject!ito^be:treated/this; season;
Professor^ Flaherty rthas-i been 7 in very
close*touch*wlth|the''; author; along lit
erafy.F lines rat/Berkeley.V- Both are ac
ceptedfjauthorities^ in v their -'faydrite r
sphere 'of ;/work;VvThe2Caedm*o'n-. series
Is V- to/ , b.e :\u25a0\u25a0 carried - ii n to /\u25a0 Feb r uar y i ' and
;wiinclose;'6h^thei2sthibfsthat-V«onth.
Unifcidized Press of California Condemns
the Decision Legalizing btorKon v
The Lesson of a Picture
(From the Santa Barbara Independent.)
In effect the appellate division of the supreme court has told th» people
of California .that a lawyer may commit any crime when acting in the capacity
of an-attorney and the law cannot see that it Is. a crime. • •/ *\
At the head of this page is reprinted a photograph that was taken at the
time of the last. republican state convention. Several lawyers aje represented
in the picture. Abe Ruef is there, and standing Immediately behind him, with
his hand resting on Ruef 'a shoulder, is J. N. Gillett, now governor of this state,
also a lawyer." .And to one side is Judge Kerrigan, then on the superior court
bench; at San Francisco,. but nominated by that, convention and later elected to>
the appellate? court bench, the court that yesterday ordered the liberation of
\u25a0 Schmitz: and; Ruef. <
Other notables appear in the picture. Across the room from Judge Kerrigan
is Judge Henshaw of the supreme court of California, and others In the party
•are J.W. McKinley of Los Angeles, a lawyer who directs the Southern Cali
fornia legal department for the Southern Pacific railroad. Then there is Walter
F. Parker,- who, not being a lawyer, can receive no fees, so must be content with
a salary from the Southern Pacific and can wear no other title than political
boss.
. \ Do you see any connection between the picture and the appellate court
decision? • • ....•
"Look upon, the picture again. How many of those men want Ruef to talk?
They know him. He was their associate, even though their boss. W. F. Herrin.
.like mothers -who, dealt with Ruef, was compelled to pay him. Ruef received
$14,000 for- turning the ' San Francisco delegates to the Santa Cruz convention
to James N. Gillett and thus nominated him. for governor.
'.No, they" do not want , Ruef to make any more confessions.
The Shame of California
(From the Oakland EiKpilrer.) ,
, The decision of the , district court of appeal handed down yesterday by
Justice J. A. Cooper and concurred in by his associates. Justices Samuel P. Hall
and » Frank H.; Kerrigan, declaring.- the conviction of Eugene E. Schmita and
Abraham Ruef on the charge of extortion, illegal, and opening the prison doors
to them, will". come as a shock and a surprise to the law respecting people of
California and 'of the entire country.
The eyes of t the nation have been upon California In this war against graft,
boodle and civic corruption in its chief city, and today this commonwealth stands
abashed, ashamed and humiliated.
'\u25a0 ; The decision 'in reversal of the conviction of former Mayor Schmltr and
Abe Ruef on the -charge of blackmailing French restaurant keepers is based
upon what might be called hair splitting sophistry, in which the defendants
appear to have been given the benefit of the construction of every point possible
to their j advantage. x r
There can be no reasonable doubt that the withholding of licenses, while
in Itself legal,; was done for an illegal purpose. The argument of the court that
this act was innocent In itself appears to be the veriest casuistry. It will be
difficult fora layman to follow the -course of reasoning by which these honorable
judges arrived at such a conclusion, and the ordinary mind cannot disabuse
itself of the conviction as expressed by trial Judge Dunne, that "the law In this
case and the evidence fully justify the verdict of the Jury."
Palpable Evasion of Justice
(From : th« Sacramento Bee.) t
On this point the, decision appears -forced, strained and hair splitting and
a gross and palpable evasion of justice. It is little wonder that Judge Dunne,
who tried the case in the lower court, haa made these comments:
/"It is to'be regretted that the hearing of this appeal case came up before a
court whose members have relatives and intimate friends against whom are many
Indictments returned by the grand jury that returned these true bills. In view
of these facts I do not believe that the court was in the proper frame of mind
to give this matter animpartial consideration and decide It strictly upon Its
merits. lam satisfied that the evidence and the law sustained the Judgment and
the verdict." \ - ~ -
Until the points of law involved shall have been finally passed upon by the
supreme court It may be premature to condemn the district appellate court as
biased or warped from the path of Justice. But if Judge Dunne's imputations of
bias be well founded the decision is a greater crime than that for which Schmitz
and Ruef were indicted in these restaurant cases.
-Safeguarding of Rascality
An honorable court of appeal has, in effect, decided that, although it were
proven that Schmitz and Ruef did threaten to prevent the French restaurant
men from obtaining a license to continue their business unless they "came
,through with an "attorney fee," and that they did in fact "come through" and
paid the "fee," which fee was divided between Schmitz and Ruef, nevertheless
s^s^rkffioi^SeSr was broken and thos — f^:
•*JSJ S v V n the name Of -Ju stl ca and right let that fact be determined
with such authority and clearness that every grafter in office or blackmailer
holding a certificate to practice law may know his rights and pursue his diaboli
cal vocation unabashed. Take the case up. Take it to the court of last resort.
#*k? :? 6 ?f' S ° irrevocabl >' determined that in these dull times the industry
of blackmail and- extortion may. run wide open and draw sequestered moneys
° U V \u2666i. to 'the general advantage of all business, including that of the
A " U„' « \u25a0 .6. 6 flnally se "lcd to be the law of California, then let the
men or California^ give heed to the laws that have been made and put upon
wnrH f^°fK y ,, t w e powers that be '" to see whether or not they have been
worded with the deliberate purpose of safeguarding official rascality, to see
whether, or not complete immunity Is provided for by them in advance in all
hS^^m. those of the People of California against Schmitz and Ruef. In
heavens name let Californians know where they are "at."
A .Jolt for Justice
(From the Lo« Angeles Erening News.)
It has remained for -the fearless Judge Dunne, before whom Schmitz- cass
was^trled to express the sentiments of thousands of Calif ornians In regard
is Quoted ° f the COUrt ot appeah The »"P«lor court jSdge
\u25a0' "It .is- to be regretted that the hearing of this appeal came up before a
court whose members have relatives and intimate friends against whom many
indictments were returned by the j grand jury that returned these true bills
In view of- these facts, I do not believe the court was in the proper frame of
mind; to give, this matter an impartial consideration, and decide it strictly udou
and "the verdict™ '" a-"a -"* fle^ evidence and th * law sustained the judgment
-Judge Dunne further stated , that he believed the opinion was written to
protect Ruef. Instead of Schmitz. and to keep him from testifying against
friends and relatives of the court that has so travestied Justice He thinks
the decision was hurried by, reason of his actidn in sending Ruef to Jail It
was feared the "little boss" would there weaken and tell all he knew
Not In years has Justice received such a Jolt as that administered by the
district court of appeal yesterday, and the fact that the members constitutine
thatcourt are closely related to persons under indictment for participating in
bribery cases subjects the decree to the Just suspicion of all honest men San
Francisco in particular, California in- general and the republic at larga have
suffered great wrong by reason of this reprehensible decision. '
Decent Men Must Get Together
(From the Los Angeles Herald.)
The. district court of appear finds that the measures adopted by Ruef tn
force the payment of; big "fees" by the protected French restaurants did not
constitute extortion, and that in pleading guilty to this offense, aa charged
against, him, Ruef pleaded guilty to an act that was no offense against the
statutes. If the supreme court should uphold this contention which hardly
seems within the .realm of probability, the lexicons will stand-in need of
revision.' . "-•*"
.Whatever the final outcome of the case, this decision and everything else
connected with the graft cases In San Francisco give added weight to the con
tentions of Xhe organizers of the Lincoln-Roosevelt league of republican cluba
of this state that the only way in which such institutions as the political
machine .which has made the Ruefs, the Herrins, the Schmitzes and the Cal
houns : possible can be reached is by cleaning out the dominant party and
enacting laws that will prevent a repetition of the flagrant offenses against
decency^and order for which thres men already have, been adjudged guilty.
. •In the. name of heaven, let all decent men in California, regardless of party
unite against the common foe and wipe out of existence the foul political
organization which has degraded one of the fairest states of the union.
Opening .the People's Eyes
(From the Los Angeles Express.)
The decision disposes only of the particular v class of Indictments to which
it immediately^ relates. The malefactors; who debauched the government of
Sari Francisco and made it infamous in the Judgment of ail the world have
yet to face'the Judge = and Jury on other charges of bribery not affected br
the shielding immunities of yesterday's decision. If It shall open the eyes of
the people to the dangers which arise when political conventions' are organ
ized and "controlled by railway rings and corporation machines; If It shall build
up a resolution^amongmenofall parties themselves to control. In the interest
of the? general* welfare, the bodies which name their officers of government
then, this, decision whlchclothe3 with' immunity certain phases of graft and
which; sends forth those who practice them unwhlpped of Justice and not* sub
Je.ct to the law's correction, it yet may prove to be the potent cause of thl
redemption of the state. 1 a .-
Dunne Not Far From Truth
\u25a0; V.We -are: not disposed; to criticise the justices of the court of appeal until
we learn [more, about the facts, concerning their 'late decision.. However at first
glance, it, would seem, that Judge Dunne did not hit far from the truth wh«n
in talking s about their decision yesterday, he said: «"«a»
VI thinkiH is to be regretted that this came up before a court whose mem
bers have; relatives, and intimate personal friends under indictment by th» «a)y,l
grand Jury, that returned the ~,true bills in this case. *
.;^:"I would further say that the jury which returned the righteous "verdict in
that case, according to the, law and the evidence, will be remembered with
respect ;and honor- long after the present Judges of the court of apneal i«
cast off. and forgotten." . *-ve*a.i are
Conditions in California
: :..-.TI» California Promotion committe* wir«d tie following to its ea«tora borwa t»v
_ \u25a0. : terday: ..;, - \u25a0: \u25a0\u25a0 • ;_'\u25a0 .. . ;' ; ; / .-"• ' (
; ' California temperatures for tlie lait 24 hoars:
;8»j»;Franciic0.'..;..................Minimnm......60 Maxiiaaia. .!!!.56
San Francisco* commerce for th« last month, S«cemb«r:
Exports .......................................... .....; $4^63,93S
- : = Imports .... ..•'••••**••'•/••••... 7. ••\u25a0••••'«•.. .................... 4 028 25**
(It will.be noted that the margrin of trido i» in favor of San Tranciico.)
The'flrst jot the ' new 32 stall roundhouses la in \u25a0 serrice at SoseTille, Placer ' couatr
is Vwellnnder way. ~Of .the^irianea of sidiajs under eoa'
struction 35 are already completed and Jn use. The financial ftaxry has occasioned noia
._".; teVruption' in the /work. *
;. \u25a0 , :; Tne] four, story; class CBabcockbuildlay, at Caliiornia and Battery streets, is near.
\u25a0 liaj/completiin;^ The/exterior work has.been finished r and* the interior finishing' will be
. completed in 30 days. \u25a0 The building, when floished; will have cost 5175, C00. '
JANUARY 15; 1908
(From the Sacramento Union.)
(From the Visalia Times.)