The San Francisco call., December 14, 1910, Page 3, Image 3

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

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RUEF CHARGES
APPEALS COURT
WITH MISTAKES
Convicted Bribe Giver Asks for
Rehearing of Appeal and
Attacks Judges
v lieges Wrong Assumptions,
Misconceptions and Lack
of Consideration
Xow it is the district court of ap
peal that comes up for the criticism
r>f Abe Ruef. In a petition filed Tjefore
the court yesterday the convicted bribe
giver demands a rehearing of his ap
peal and makes the following amazing
urreignment of the justices of the dis
trict court:
The petitioner respectfully rep
resents that it may be established
from the face of the opinion filed
in this cause that the court has
reached Its determination, and has
based conclusions herein upon inad
vertent assumptions of facts which
do not exist in the case: upon in
advertent misconceptions of fact;
xipon mistaken impressions of the
point? eon'.enned for by appellant.
an<j upon inadequate consideration
of tne rer^rd and of the argument
ar.i rotations of law advanced by
appellant, and thnt it has erred in
Its decision herein.
Throucrh his attorneys of record,
Henry A oh. Thomas P. Dozier. C. TV.
Cross and J. J. West. Ruef modestly
asks the court to shatter its opinion
into bits and remold it nearer to his
heart's desire.
PIRST TIME IX HISTORY
Attorneys sny that it Is the first time
in the history of th« California courts
that c defendant and appellant has pe
titioned a higher court to stultify it
self, to charge its opinion and announce
that it was inadvertent, mistaken and
careless.
The books cite a case in the United
States circuit court for the California,
district in which the court was peti
tioned to amend Its decision in a civil
action \u25a0wher** a wrone computation had
been mado. The arithmetical error was
corrected in that instance.
It takes Ruef 274 pages to attempt
to upset the opinion rendered by Pre
siding Justice Cooper and concurred in
by Associate Justices Hall and Kerri
gan, when they upheld the conviction
of Ruef for agreeing- to bribe Super
visor J. J. Furey with $4,000 to secure
Furey 1 * vote on the United Railroads
overhead trolley franchise. The opin
ion sustaining the conviction of Ruef,
\'.\ Judge Lawlor's department of the
superior court, was handed down No
vember 23. The time for appeal for a
rohep.ring closed yesterday. Ruef had
his document ready.
APPEAL TO COjrSTTTUTIO^f
The appellate court haa 10 days in
\u25a0"-Men to consider the attack on its
3u«sarra*nt. If it decides to stand by It 3
orictr-al opinion. Ruef -will then have
3 0 days ln # which to appeal to the state
supreme court. After that there are
several federal courts to which he
m'ght address his literature, and as
this latest petition urged that his con
viction was in violation of the four
teenth amendment to the constitution
nf the United States it Is probable that
he Is now considering federal inter
vention to save himself from the peni
tentiary.
Ruef's latest appeal is a curious liter
ary product. With no little euphemism
It asserts that the Cooper opinion was
contrary to the facts and the law. Here
Is the language used:
With the utmost confidence ap
pellant believes that upon ft. thor
ough consideration of this petition
this court In fairness and Justice
must grant a rehearing, and that it
will be thereupon declared accord
ing to the facts in the record and
to established principles of lavr.
ALLEGATIONS OF ERROR
This court certainly does not
deslr« to establish the law in this
ca.se differently from that laid
dnwn for other cases on the same
subject matter. V/t> respectfully
submit that if the present decision
p?:al! be allowed to become final
noi only wlli serious conflict on
cany substantive points of law ex
ist between it and the decisions
In many adjudicated and well con
sidered cases, but it will itself, in
its present form, become a prece
dent and an excuse for allowing in
almost every succeeding criminal
case the intervention, without rem
edy to a defendant, of the most
Tjrgrant and fiagitous errors, the
violation of almost every consti
tutional right of a defendant and
the deprivation of his right to
T edress for almost every substan
tial error which may prejudicially
affect Mm during a trial which has
resulted in his conviction.
snnnow foh prolixity
Huef expressed his sorrow that his
transcript on appeal was so long —
;2. 0f> 0 pages with 2.500 pages of brief
—'cut cunningly charged the prolixity
to the machinations of the prosecution.
He said:
It is apparent that the court is
entirely justified in its reference
lo the herculean task of consider
ing this immense record, and that
during the limited time it was Im
possible for this court to study as
systematically and as thoroughly
as it might have desired the 12,000
page record and the 2.500 pages of
record. Yet. in justice, should ap
pellant be deprived of a full and
thorough consideration of his case
because of the unfortunate length
of the record
fßuef cited instances in which he said
the decision had misstated the evi
dence, particularly in regard to the
clear summary made by Justice Cooper
of the part the United Railroads played
In paying the bribe money to Ruef.
The appeal stated that many points al
leged by Cooper did not come up in the
testimony at the trial.
OBJCCTION TO OPINIONS
The fourteenth amendment to the
constitution was invoked by Ruef at
the close of his appeal, in which he de
clared that he was deprived of his lib
erty without due process of law and
denied the protection of the law. This
denial of rights came, he declared,
when the court refused to grant him a
new trial on account of errors because
it held the evidence was strong enough
to indicate his guilt; that in that de
cision the court had established a rule
by which a greater amount of prejudi
cial error would be required to reverse
tiie judgment of conviction against a
c»r«ndant whose ffuilt "was highly prob
able than against one whose guilt was
less probable; that the court in the
Ruef case ruled not in accordance with
the law, but on Its opinions of his
guilt, and that he was not accused of
any crime because If was not shown
that the 'supervisors had any power to
grant a franchise to the United Rail
roads for an overhead trolley.
ANOTHER OPERATION
ON MRS. HENRY WHITE
(PARIS, Dec. 13. — Mrs. Henry White,
vife of the former ambassador to
, 'ranee, whose protracted illness has
caused considerable anxiety to her
friends, was agrain operated on for ap
pendicitis today. She passed through
Helicopter Is Being Built for
Flight Across the Continent
Helicopter, which inventor claims will carry 15 persons' when finished.
Willis Grant Murray Is Constructing Air Craft
At Ingleside Race Track
- • \u25a0 \u25a0 \u25a0 ° -
Hidden from view in a hollow at the
deserted Ingleside racetrack field a
huge, strange craft Is slowly shaping
itself and may some day rise and soar
away — a conqueror of the air.. It is
the Invention of Willis Grant Murray,
the result of more than 12 years of ex
perience in aviation and of four years
of concentrated effort.
From the biggest steel manufacturers
in the east its parts have come. Alumi
num castings for it have been made in
this city and are being finished in Mur
ray's private machine shop, which is
in operation under the old Ingleside
grandstand. It will cost, when com
plete, in the neiffhborhood of $100,000.
The money hae been provided by John
Martin, W. P. Hammond, Eugene de
Sabla and other well known men who
have every confidence In the outcome.
The airship, which is being built on"
a platform or landing station measur
ing about 75 by 100 feet, is hardly
namable, because it combines three of
the chief principles by which most air
craft are designated. From the dirigible
it has taken something and from the
biplane a great deal. It thoroughly em
ploys the helicopter, which is expected
to give it the power of rising without
the usual running start.
GAS TO BE BALLAST
The gas is to be used as a "ballast"
and plays no part in the lifting, al
though It is to relieve the weight. The
motive power is obtained from three 60
horsepower, four cycle gasoline engines
similar to the four cylinder type used
In automobiles. The engines drive pro
pellers, one at either end, which are
two bladed and measure 14 feet in
diameter. They are of metal.
One engine will drive the ship and
any two may be used. Naturally the
maximum efficiency Is gained front the
three. They are located on the super
structure of aluminum, which is below
steel tube outriggers, made to main
tain the six planes, three of which are
on each side. The engines are equally
spaced on the length of the superstruc
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THE SAN FRANGISCO GALL, DECEMBER 14^ 1910.
ture, as are the six helicopters in pairs
beneath them.
WILL CARRY 15, PBRSOXS
Beneath the superstructure- is a pas
senger deck. It is calculated the ship
will carry 15 men, which includes a
crew of five. Beneath the decks are
four skids for landing purposes. They
are built of four aluminum boats, her
metically sealed, which are to maintain
the ship and act as a keel should a
landing be made on the open sea
The ship is 160 feet long. 76 feet
wide and 76 feet high. It will weigh
8.000 pounds whe n finished. Murray
calculates that the ship will be able
to travel six days and nights in the
air without a landing, approximately a
distance of 4,000 miles.
Of his airship Murray said yester
day:
"It is the result of practical work.
I pose as no great inventor, rather a
developer and combiner of known prin
ciples which have been tested. It is
1 the ENTIRE STOCK of M
1 SALE IS NOW ON H
I 509-S 1 3 MARKET ST. I
a great venture, I may say without
egotism, the greatest that has been
made in America. Nothing has been
attempted on so large a scale. Your
common bamboo, wire and cloth aero
plane is a plaything beside it.
IT IS "MN'ER" OF AIR
"The science of navigation of the air
is not dissimilar to that of the sea.
In reality it Is somewhat better. Years
ago when the first frail craft set out
on the ocean they were torn and bat
tered to pieces by the raging storms.
One can now cross the ocean in com
fort without danger in our great liners.
It is the same with tlie air.- The air is
no place for playthings. When. a great
vessel is in danger it flies to. the open
sea for safety. We have the- whole sea
of air to maneuver in."
Murray expects to have his remark
able phip finished by -next May, when
he will make trial trips in the vicinity
of Pan Francisco.; In the event of. suc
cess he will attempt to: negotiate the
highest part of the Sierras and cross
the continent, possibly continuing
across the Atlantic, ocean to Paris. Be
yond Dr. J. T. Johnson, former lieu
tenant of the United States navy, who
will aat as assistant pavigator, Murray
has not picked his first crew or pas
sengers.
The airship has been Inspected by
government officials, who are enthusi
astic over It.
PUBLIC LAND SYSTEM
IS SUBJECT OF BOOK
STANFORD UNIVERSITY, Dec. 13. —
In connection with government- land
and its disposal, a book has been issued
by Prof. Payson Jackson Treat. The
title is "The National L<and System."
The book ia an exposition of the man
ner In which the national public lands
passed Into private hands from 1785 to
1820.^ .\u25a0 -v ; , ,*•--, ,-_>-^ ';_
ROOSEVELT WANTS
RADICAL PROGRAM
But Colonel Desires That Card
Be Carried Out by the
Conservatives
In First Public Address Since
Election, Former President
Defines Policies
NEW HAVEN, Conn., Dec. 13.—Col
onel Theodore Roosevelt, as the guest
of the chamber of commerce at its an
nual banquet tonight, made his first
public \u25a0 address since, the recent elec
tions. He was cordially greeted by &
gathering of 600 men representative
of the business and commercial Inter
ests and the professions of the state.
"It seems to me that nothing could
be a better augury of the' future of
this country." he said, "than that a
republican president should appoint a
former confederate of opposite political
faith chief justice of the United States
and receive the unanimous applause of
his countrymen.'
"Bodies like this chamber of com
merce," said the colonel, "nave been in
dustriously taught to regard me as a
kind of modified anarchist. I am a
radical, but I am a radical who most
earnestly desires to see a radical pro
gram carried out. by conservatives. I
wish to see great industrial reforms
carried out. not by the men who will
profit by them, but by men who lose
by them; by' just such men as you" are
around me. I believe most emphat
ically in the progress which shall be
sane."
In explaining his idea of the "square
deal" Colonel Roosevelt said:
"I do not want the prize In the race
to go to the man who Is not fast
enough to win. I want them to start
even."
Equal opportunity, he said, repre
sented the idea on which the republic
was founded'
"Your grocer must make a profit or
he won't continue to sell groceries," h«
explained, "but if you pay his bills
without examining them you don't
show that you have a soft heart. You
show that you have a soft head."
The government, he said, should
deal with corporations on the same
basis as a man deals with his grocer,
in giving and exacting justice.
The colonel said there had been a
"good deal of loose talk" about pro
posed changes in forms of government.
The effort to get more complete con
trol over the" agencies of interstate
commerce for the federal government"
represents, he said, not an innovation
which -was not contemplated by the
constitution, but a realization of the
purposes of the constitution.
GIRLS IN GYMNASIUM
RESCUED FROM FLAMES
Modesty Prevents Their Leav
ing the Structure
CHICAGO, Dec. 13.— Fifty young
women ( attlred in gymnasium costume
were rescued from the roof of a burn-
Ing building at 311-313 Wabash avenue
today. They were engaged in gym
nastic drill in a school 1 of physical
culture.
The* girls feared to descend to the
street when smoke began pouring into
their gymnasium and the instructors,
giving the young women no time to
don their clothing, marshaled them to
the roof.
From this. place, which was shut off
from view by volumes of black smoke,
the frightened and screaming physical
culturists were carried down the fire
escape by firemen. None was injured.
"Sterling Furniture Is the Ideal Gift"
Golden Oak Library Suite
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ALDRICH WILLING
TO CHANGE TARIFF
Cummins Asks Senate to limit
Power to Amend Bills Sent
From House
Modification of Rules of Con
gress Suggested by Proposed
Joint Resolution
WASHINGTON. Dec. 13. — The senate
listened to the first tariff debate of
the session today, and while the dis
cussion was largely academic It served
to develop the important fact that Al
drich and Lodge are willing to join in
the piecemeal re\*lsion of the tariff.
The. subject came up on a motion to
refer to the committee on rutes the
Cummins Joint resolution prcvicllrsr for
the limitation of the power to amend
bills looking to the modification of
paragraphs and schedules of the Payne-
Aldrich'bill.
Cummins occupied the floor In sup
port of the provision, but he was in
terrupted so frequently that the dis
cussion partook largely of the nature
of a running Vlebate.
Aldrich favored amendment, but said
that he would -prefer taking up the
question by subjects rather than by
schedules. He was emphatic In his op
position to the lowa senator's method
of proceeding, which contemplates al
teration of the rules of both house and
senate by joint resolution.
Hale did not 'participate in the de
bate. It "is expected he will oppose
the Cummins' program.
Cummins contended that unless the
rules of, the two houses were amended
there would be no possibility of amend
ing the tariff, with the consequence
that It must remain as it is until "the
people In their indignation and wrath
rise up and compel a general revision."
Memorial for Lincoln
WASHINGTON, Dec. 13. — A national
memorial to Abraham Lincoln to be
erected in Washington at a cost \u25a0 of
$2,000,000 is proposed in a bill Intro
duced today by Senator Cullom of Il
linois. The bill names a permanent
committee to be composed of President
Taft. Senators "Wetmore of Rhode
Island and Money of Mississippi, Rep
resentative McCall of Massachusetts
and Champ Clark of Missouri. The
sum of $100,000 Is to be immediately
available under the bill.
More Pay for Justices
WASHINGTON. Dec. 13.— Senator
Depew introduced a bill today to in
crease the salaries of the chief justice
of the United States to $15,000 and
those of the associate justice of the
supreme court to $17,500; circuit .iudg-es
to $10,000. district judges to $9,000.
- The salaries at present are: Chief
justice, $13,000; associate justices. $12,
000; circuit judges, $7,000; district
Judges, $8,000.
Commerce Court Salary Bill
WASHINGTON, Dec. 13.— The first step
for paying expenses of the new com
merce court was taken today, when
Attorney General Wickeraham asked
congress to appropriate $17,500 for sal
aries of fire additional Judges at $7,000
from January 1 to June 30, when the
present fiscal year ends, and $49,750
for th« other officials and rent of the
new tribunal for the same periods. The
five additional judges, whose names
were sent to the senate yesterday, will
receive the $7,000 as regular salary and
$1,500 additional for Washington ex
pense.
OHIO BXVER CLOSED— GaMpoIis. 0.. Dec. 13.
Navigation on the Ohio river wii »nsp«uled
from her* to Plttsbnrg todsr ©a aecocnt of
beary ie« floes.
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UPRIGHTS and GRANDS
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All on conrenlent terras, and
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Talking Machines
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