Читать книгу "The System," As Uncovered by the San Francisco Graft Prosecution - Franklin Hichborn - Страница 22

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The confession of the Supervisors to bribery had no sooner become known than angling for control of the municipal government under its prospective reorganization began.[235]

The public-service corporation that had during the 1905 municipal campaign contributed to the campaign funds of both the Union Labor party and the opposing “Reform” fusion organization, had no care as to who reorganized, or in what name the reorganization was accomplished, so long as they continued in control. These corporations had larger interest in public affairs than ever; there was prospect of their officials being indicted for felonies. But so long as Schmitz continued to be Mayor, neither those who aimed to reorganize for the best interests of San Francisco, nor those who were plotting to continue the old order with new men, in the interests of the corporations, could act. The old order controlled Schmitz; the opposition, having whipped confessions out of the Supervisors, controlled the board. Neither element could undertake reorganization until in control of both Mayor’s office and Supervisors.

This deadlock was brought about by charter provisions empowering the Board of Supervisors to fill vacancies occurring in the mayoralty office, and providing that the Mayor shall fill vacancies on the Board of Supervisors.

Had Mayor Schmitz resigned, the Supervisors, controlled by District Attorney Langdon, would have elected his successor. This would have given the Prosecution the Mayor as well as the Supervisors. On the other hand, had the Supervisors resigned, then Mayor Schmitz would have appointed as their successors men in accord with him and with his policies. Schmitz could then have resigned and the Supervisors of his appointment would have named his successor. This would have permitted the corrupt element to continue the old order in defiance of the Prosecution. Thus, so long as Schmitz held the office of Mayor, the Prosecution, laboring for good government, could not permit the bribe-taking Supervisors to resign. On the other hand, those who had furnished the bribe money did not dare permit Schmitz to give up his office.

In this astonishing situation, that bribe-givers might not gain the upper hand, it was necessary that the sixteen confessed bribe-taking Supervisors should continue in the offices which they had betrayed, so long as Schmitz’s power to appoint their successors continued.[236]

There were, too, further complications. The Prosecution could and did secure the discharge from municipal positions of Ruef’s satellites who held their places under the Board of Supervisors. Thus, soon after the Supervisors had confessed, Charles Keane,[237] Clerk of the Board, was forced from his position. On the other hand, the old-time Schmitz-Ruef followers who owed their appointments to the Mayor, continued secure in their jobs. Thus, former Supervisor Duffey, appointed by Schmitz to head the Board of Public Works, continued in that position, although involved by Gallagher in Gallagher’s confession of the bribery transactions.

The Chief of Police held office under the appointment of the Board of Police Commissioners. But Schmitz controlled the commissioners. The chief had been indicted with Schmitz and Ruef. The city was clamoring for his removal. But in spite of protests, Schmitz’s influence kept the indicted chief in his place at the head of the police department.[238] The situation could not but cause confusion. To the average man on the street, the Supervisors had confessed to bribery. Why, then, were they permitted to remain an hour in office? Why were they not indicted, placed on their defense and sent to the penitentiary?

The graft defense naturally took advantage of this sentiment. “Government by the big stick,” as the hold of the District Attorney’s office over the Supervisors was called, was condemned and ridiculed. One heard, however, little reference to the hold of the beneficiaries of the Ruef administration upon the Mayor’s office. From all sides the Prosecution was importuned to oust the “boodle Supervisors.” But the fact that a “boodle Mayor” would then appoint their successors was not given such wide publicity.

In addition to the complications in the municipal government, due to the Schmitz faction’s dogged resistance to the Prosecution, combined with the unqualified yielding of the Supervisors and the partial confession of Ruef, San Francisco was in a condition of confusion and discord.

At the time Ruef entered his plea of guilty to extortion, a year had passed since the great fire of 1906. Thousands were still living in shacks erected in the ruins of the old city. The principal business streets were littered with building materials. There had come the depression following the activity of rehabilitation and the pouring into San Francisco of millions of insurance money. Titles to real property were confused if not in doubt, much of the records having been destroyed in the fire. Thousands found themselves forced into court to establish their titles. A little later, the community was to suffer a visitation of bubonic plague. There were many authentic plague cases and some deaths. For months the city was in dread of quarantine.

There were labor disturbances which for weeks at a time paralyzed industry. At one period between 7,000 and 10,000 iron-trades workers were out on strike. At the time Schmitz was finally convicted of extortion the telephone girls had been on strike since May 3rd. This alone threw the complex organization of a modern city into extraordinary confusion. The linemen struck. On June 21, telegraph operators in San Francisco and Oakland left their keys.

But by far the most serious labor disturbance was the strike of the street-car conductors and motormen. For weeks the entire street-car system was paralyzed. The first attempt to move a car resulted in riot in which one man was killed outright and twenty-six wounded. A number of the wounded died.

President Calhoun of the United Railroads rejected all offers to compromise, announcing his intention to break the Street Carmen’s Union. He succeeded; in the end the union was broken and scattered, but at frightful cost to Mr. Calhoun’s company and to San Francisco.

During the strike of the carmen the city was filled with gunfighters and thugs admittedly in the employ of the United Railroads. Indeed, there was no attempt made to disguise the fact that the United Railroads had brought them into the city. Clashes between the two factions were of daily occurrence.

Aside from horse-drawn vehicles which had been pressed into service, street transportation was, for a considerable period, practically at an end. The inability of the people to go from place to place paralyzed industry and business. Merchants, hotel keepers, manufacturers, all suffered. There were many failures. Citizens in all walks of life implored Mr. Calhoun to arbitrate his difference with his men. He refused absolutely.[239] Henry T. Scott, president of the Pacific States Telephone and Telegraph Company, as doggedly refused to submit to arbitration the questions involved in the telephone girls’ strike.

The police seemed utterly unable to deal with the situation, Governor Gillett threatened to call out the militia, and companies at Los Angeles were actually directed to be in readiness to enter San Francisco. But this move was finally abandoned. And through it all, President Calhoun refusing to arbitrate or to compromise, issued numerous proclamations[240] in which he intimated that the Graft Prosecution had brought on the trouble which confronted San Francisco. The Prosecution’s object, Mr. Calhoun held, was to injure him and his railroad company. In this connection, it may be said, that during the searching investigation of the graft trials, not one word of testimony was produced to indicate basis for Mr. Calhoun’s insinuations and open charges that the carmen’s strike was part of a plot to injure him and his company.[241] On the contrary, the strike might have been averted had the United Railroads adopted a more tactful policy in dealing with its men. And, in addition to this, a more conciliatory attitude on the part of President Calhoun would, during the progress of the strike, have brought it to a close at any time. The fact remains, too, that during the 1907 municipal campaign, which opened even while the United Railroads was crushing the carmen’s union, the support of the United Railroads went to the Union Labor party candidate for District Attorney. Heading the Union Labor party ticket was P. H. McCarthy, one of the strongest opponents of the Graft Prosecution, and at the same time ardent backer of the striking carmen.

The efforts of the United Railroads to crush the carmen’s union, while at the same time exerting itself to elect the Union Labor party candidate for District Attorney, indicates the confusion that existed in San Francisco following the confessions of the Supervisors and the revelations made by Ruef. And the efforts of the various factions to seize the municipal government increased this confusion materially.

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.

A vacancy, therefore, existed in the Mayor’s office. Under the municipal charter the Supervisors alone were empowered to fill it. But sixteen of the Supervisors, having confessed to felonies, were taking no steps without the approval of the District Attorney. They would name for Mayor, him whom the District Attorney approved and no other. Naturally, Langdon consulted those associated with him in the Graft Prosecution. No better earnest of the sincerity and disinterestedness of Langdon and those who were assisting him is furnished than in this crisis. They had it within their power to select first Mayor and then Supervisors who would be utterly subservient to them. Instead, they proposed a plan by which representative associations were given opportunity to reorganize the municipal government by naming Mayor Schmitz’s successor.

Nor was there any hasty action. The office of Mayor was not declared vacant until after Schmitz had been sentenced to the penitentiary. But Schmitz was in the county jail and incompetent to act. It was of immediate necessity that a temporary successor be substituted. Until this were done, San Francisco would be without a chief executive. To meet the emergency, the Supervisors named Supervisor Gallagher to be acting Mayor.[249]

After the sentencing of Schmitz the rapidly developing situation made it necessary that the convicted official’s office be declared vacant and his successor appointed. But the successor had not been named, nor had plans for the change in administration been formulated.[250] In this further emergency, it was decided to name one of the Supervisors to be Mayor to serve until a permanent successor of Mayor Schmitz could be named. The unhappy Boxton[251] was decided upon. The Supervisors, by resolution, definitely declared the office of Mayor vacant and elected Supervisor Boxton to be Mayor.

On the day that Boxton was named Mayor of San Francisco, District Attorney Langdon made public a plan for a convention to select a Mayor to serve until the successor of Mayor Schmitz could be elected and qualified. Mr. Langdon proposed that the convention should be made up of thirty members, fifteen to be appointed by organized labor and fifteen by the organized commercial bodies. On the side of Labor were apportioned eight delegates to the Labor Council and seven to the Building Trades Council. The five commercial bodies, the Chamber of Commerce, Merchants’ Association, Board of Trade, Real Estate Board and Merchants’ Exchange, were allowed three delegates each. That the convention might proceed in its choice unhampered, the District Attorney pledged that he and his associates would wholly refrain from participation after the convention had assembled.[252]

But this did not suit the several factions at all. Admittedly, the Prosecution could name the Mayor. Each faction wanted its man named, and while there remained a chance for its man to be named, did not care to see the extraordinary power in the hands of the District Attorney delegated to the uncertainties of a convention.

In the scramble for advantage, the self-control and self-forgetting attitude of the members of the Prosecution, instead of exciting admiration, was condemned. The Examiner, referring to Langdon’s associates, for example, announced: “Their failure to agree on anyone has led to some alarm for fear their divergent political ambitions are making each of them endeavor to secure a place for his personal puppet.” Had the Prosecution named the Examiner’s “personal puppet,” this particular source of criticism would undoubtedly have been silenced and the Examiner’s vilification and abuse of the Prosecution during the years that followed averted. What is true of the Examiner in this regard is true of the other institutions and interests which, in this crisis of the city’s history, were clamoring for “recognition.”[253] District Attorney Langdon’s plan, on the whole, was not received in the spirit in which it was offered.

The Building Trades Council, under the influence of P. H. McCarthy and O. A. Tveitmoe, promptly rejected the District Attorney’s proposal and refused to name delegates.[254] This action influenced the Labor Council, which, on the ground that in the absence of delegates from the Building Trades Council the Labor Council representatives might be outvoted, refused to participate.

Of the five commercial bodies, the Real Estate Board alone promptly accepted the District Attorney’s invitation. The board named its three delegates and so notified the District Attorney.

The Merchants’ Exchange demanded that the number of delegates be increased from thirty to forty-five by the addition of fifteen professional men, and proposed that the convention name a new Board of Supervisors as well as Mayor.[255]

The Board of Trade refused to co-operate unless the delegates be increased in number by the addition of “professional men and others.”

The Chamber of Commerce and the Merchants’ Association finally accepted, but stipulated that a two-thirds vote of the thirty delegates should be required for a choice.

The failure of the several organizations to join in the selection of a Mayor, made it necessary for Langdon himself to proceed with the reorganization. All that Langdon and his associates required was that the new executive should be independent of political control and free of the influence of those public-service corporations that had been trapped in bribe-giving. It was also the aim of the Prosecutor to name as Mayor one whose standing was such that none could be so unfair as to charge him with being in the slightest degree under the influence of the Prosecution.

Langdon and his associates agreed that Dr. John Gallwey was independent of corrupting influences and to Dr. Gallwey the appointment was offered. But Dr. Gallwey declined to accept the responsibilities of the Mayor’s office on the ground that he could not afford to devote his time to the duties of the office to the extent that would be required in order to conduct it properly, and on the further ground that he could be of more service to humanity in the practice of medicine than in the discharge of the duties of Mayor.

The place was then offered to Ralph Harrison, a former member of the Supreme Bench. But Judge Harrison declined on the ground that he thought the duties of the office, under the conditions existing[256] would be too onerous for him to undertake at his time of life.