Show COURT FAVORS SCHMITZ AND RUEF Decision Handed Down Which Self J Aside Conviction of Former 1 Mayor of San Francisco I I I Scores of Other Indictments Are I Pending Against Both Men However How-ever and Alleged Grafter Must I i Still Remain In Jail I San Francisco A decision was handed down by tho District Court of iandod Appeals on Thursday reversing tho dUdgment of the trial court In tho case pf former Mayor Eugene E Schmltz sentenced to five Years In San FranCisco Fran-Cisco on the charge of extortion based upon the alleged holding up of the French restaurants in the matter ol liquor licenses and setting asldo tho indictment on which his conviction was had Tho trial was made notablo by the appearance of Abraham Ruof who controlled the municipal admin Istratlon and practically placed schmitz In office as a witness against tho mayor testifying that ho had paid him his share 2500 of the 5000 received re-ceived by Ruef from tho French restaurants res-taurants In order that Schmltz would permit the board of police commissioners commis-sioners to Issue liquor licenses to them Ruef had previous to this pleaded guilty to the came charge at the same time making tho enigmatical enigmati-cal statement that ho was Innocent On tho ground that the Indict pent did not show that a public of eno was committed because it did not allege any threat to Injure property prop-erty the court holding that a liquor license was not property but moro permission that t > threat to prevent the obtaining of a liquor license by one who had no authority In tho premises did not constitute a threat I against property and because of numerous nu-merous errors in tho ruling of tho trial judge the appellate court held that the Indictment was Invalid and the conviction null and void In effect ef-fect the court held that Schmitz was not given a fair and Impartial trial The decision will have the effect Of Invalidating tho other four Indictments Indict-ments charging Schmitz as well as Ruef with extortion and renders void the plea of guilty made by Ruef as the appellate court held that no crime was committed By this reversal It Is feared that tho prosecution has lost Its hold upon lluef and it is freely predicted that tho former polltcal boss will now refuse all overtures fpr Immunity wholly or In part to testify In tho prlberygraft cases and fight every indictment In-dictment against him Although tho court ordered Schmlta discharged from custody on the extortion ex-tortion Indictments neither Schmitz nor Ruef can take advantage of tho reversal for sixty days and even then there Is little likelihood that either of them will be able to get tho enormous ball required for their release re-lease There are ntlll pending against i Ruef 126 Indictments charging bribery brib-ery on which the total ball Is 1170 000 and Schmitz would have to get bonds for 450000 on the forty Indictments Indict-ments that remain against him |