Newspaper Page Text
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 There is Only Ono That is Used The World Over to Cuno a Cold la One Day. 4lW *?M/ ?t TCT Cm * er thB ' B «.»»»e. Look for" UH3 signature on every box 25c in trouble— with headache, backache, nerves on edge, poor spirits. and unreasonable fatigue— - \u25a0;\u25a0 can find help for her whole system in Sold Ereryvrhere. In boxes IQtumnd 2Se. 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 I Here is an old idea in a new form : Instead of the regular mahog- III! . . any parlor suite upholstered in velour, this design comes in golden or fumed oak upholstered in leather, and is intended for the living room. They have jumped into popular favor. Sterling price, $60. , Pay $7.50 Down and $5.00 a Week Visit the 4 Room Cottage Tonight for Christmas Suggestions F«RNIT»RE COMPANY ! OPPOSITE MZALIfSTTZR. *~~* 1" . H ___l__ll ! ill ||H ' — 1 iZZL- U! 'I "I J " B " McIHTYRE BIHDERY CO. CHICHESTER S PILLS !i<^G^^ •* II BOOK BIJTDEIIS Tne DUuMO5l> CItA?IIX a jMiyJt^W&Wi Setter 1034-Home 04664. Saa Francisco. T?& V 1 ioc^MViJ.'J '4»fj jj 111 1 jkMMjJSjrL M } II WEEKLY CAI I SI PFU VFAU A" 0 * $ t*»^™*s*^s«<«,x£*t?k*ii^ \^^^^^^^^2J^^m WECIU -* lall^i mt °^^SOID BY DRUGGISTS EYIRW32L 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. .Piano. ' Artists' Ideal of gj§|ff3l For Christmas Over 11,000 in Use Especially commended for its fine singing qualities, responsive action and durability. UPRIGHTS and GRANDS $350 to $650 The "Apollo" The Player Piano, unmatched . in any essential. All on conrenlent terras, and liberal allowance for used Pianos and Players. Talking Machines Leather Music Bas*. name in gold free; Bound and Sheet Maalc, Musi- col Literature, Violins, Guitar* and Mandolin*. OPEN EVENINGS BENJ. CDRTAZ & SON THE HOUSE THAT GUARANTEES 113-117 Rearny St., near Post | \i> ' '\u25a0 - > i^yi^'y^*-'";j^'y3rß«K£B3BEwwi 3