Chapter XXI · The San Francisco Election of 1907.

Scarcely had the prosecution overcome the delaying tactics of the defense, and forced graft cases to trial, than District Attorney Langdon had to defend title to his office at the polls.

Langdon had taken office in January, 1906. His term was to expire in January, 1908. The municipal election, at which Mr. Langdon’s successor was to be elected, was to be held in November.

At that time was to be elected besides the District Attorney, the Mayor, Supervisors and practically all the other municipal officials.

The old convention system of naming candidates for office still prevailed in San Francisco. However, California had even then entered upon the struggle of throwing off the yoke of machine domination through the convention system of naming candidates. The delegates to the several conventions had, under primary law provisions, to be elected at the polls.

San Francisco was divided upon one issue—that of the Graft Prosecution. The opposition which years of adverse publicity was to develop, did not then confront those who were standing for vigorous prosecution of the corrupters of the municipality. But under the hammering of an adverse press, and the claquer’s systematic belittling, the graft defense had made gains sufficient to give it at least a fighting chance at the polls.

On the side of the defense, too, was the solid support of the powerful Southern Pacific Company, and of the various public service corporations, as well as the purchasable press. On the side of the prosecution stood the people of San Francisco, not yet worn out, nor misled, nor yet alienated from the policy of vigorous prosecution of the corrupters of the municipality. The people recognized that effective continuance of the prosecution required that Mr. Langdon be re-elected.

That the action of the prosecution in making Taylor Mayor, might be endorsed at the polls—thus receiving the stamp of public approval—Mr. Taylor’s election became quite as important as that of Mr. Langdon. The same was true of those of the Taylor-appointed Supervisors who became candidates for election. But the contest waged about the election of Taylor and Langdon.

Such was the issue which confronted San Francisco at the 1907 election.

There was but one issue. There were, however, three prominent political parties, Union Labor, Republican and Democratic. None of the three could be called the prosecution party, nor for that matter, the defense party; nor had any faction of any of the parties the temerity to declare against the prosecution of those trapped in corruption, however vigorously opposed to the prosecution this or that faction might be. But each of the three parties did divide on the question of the election of Langdon and Taylor.

Broadly speaking, the supporters of the prosecution in all parties demanded that Taylor and Langdon be nominated. The opponents of the prosecution, while declaring loudly for the prosecution of all offenders against the law, labored for their defeat. On this issue, not always clearly defined, the intraparty factions met at the primary polls. The prosecution, therefore, had three independent political fights on its hands.

Langdon had been elected by the Union Labor party. Taylor was a Democrat. But in the confusion of the times the principal primary fight was within the Republican party.

The Republican opposition to those roughly described as “pro-prosecution,” found expression in the remnants of the old-time machine—generally called Herrin—element. At its head were many of the experienced machine leaders. The Republican pro-prosecution forces were at first without definite leadership. But in this emergency most effective leadership developed.

Daniel A. Ryan, a young “Irish-American,” came to the fore as captain of the reform forces within the Republican party.

Ryan is of the highest type of his race, as developed under the advantageous conditions to which the immigrant and his descendants have, in these United States, been admitted. Well educated, forceful, a brilliant speaker, effective as an organizer, a lover of the political game, Ryan was soon the recognized leader of the new movement.

He was trusted implicitly. The selection of candidates for convention places was left largely in his hands. Under Mr. Ryan’s leadership the fight for effective continuation of the Graft Prosecution was carried on within the Republican party.

The division in the Union Labor party was scarcely less pronounced. The party, roughly speaking, divided with P. H. McCarthy heading the anti-prosecution side, and men of the type of Walter Macarthur, one of the founders of the party, leading the forces supporting Langdon and his associates.

But here again there was most confusing division. Thomas F. Eagan, chairman of the Union Labor Party County Committee, for example, was quoted within a week of the primaries, as announcing: “Schmitz is an ideal candidate (for Mayor). If available, he would be nominated by the delegates that will be elected on the regular Union Labor ticket.” Nevertheless, Mr. Eagan was unalterably opposed to Mr. McCarthy heading the ticket.

The Democratic division was less pronounced than in either the Republican or Union Labor party. The side favoring Taylor, without much reference to Langdon, went to the primary polls under the regular Democratic leadership, with Thomas W. Hickey, chairman of the Democratic County Central Committee, at its head. Prominent in the opposition was Lewis F. Byington, who had preceded Mr. Langdon as District Attorney. Mr. Byington was brother-in-law of General Tirey L. Ford, even then under trial for bribery, and one of General Ford’s attorneys.

In the confusion of these many-sided contests, the defense had its best opportunity for success. But the result, so far as the Democratic and Republican parties were concerned, was overwhelmingly successful for the prosecution.[320]

Of the delegates to the Republican convention the Ryan (pro-prosecution) forces elected 142, the “Herrin” (anti-prosecution) forces 7 only. Of the 164 delegates to the Democratic convention, 161 were elected by the regular (pro-prosecution) element, and 3 by the Byington (anti-prosecution) side. The popular vote within these parties was scarcely less pronounced.[321] On the other hand, within the Union Labor party the anti-prosecution forces were overwhelmingly successful, the McCarthy faction electing 185 delegates and the forces led by Walter Macarthur and his associates 13 only.

Under the alignment, it was expected that the Republicans and Democrats would unite without hesitation upon Taylor and Langdon, leaving the cause of the indicted corporation managers to find expression in the Union Labor party platform and candidates.[322]

But scarcely had the primary returns been made public than the San Francisco Call, generally regarded as staunchly on the side of the prosecution, brought confusion upon the pro-prosecution element, by suggesting the candidacy of Mr. Ryan for Mayor and belittling the candidacy of Mayor Taylor.

“Ryan,” said The Call through its political representative, Mr. George Van Smith, “has not sought and is not seeking the Republican nomination for Mayor. He may have it forced upon him and find himself the recipient of similar endorsement of his powers as a boss-buster, from the Democratic organization.”

The Call, in the same issue, hinted that the Democrats might not nominate Taylor. Without a Democratic nomination, Taylor could not expect nomination at the hands of the Republicans.

“That the Democrats will nominate Mayor Taylor,” said The Call, “is more than doubtful. Mayor Taylor was drafted into the city’s service. He has not given any indication of a desire to serve the city as the head of its government after the time when a popularly selected successor could be qualified. If the Democrats do not nominate Dr. Taylor, the Republicans would scarcely be expected to do so. The fact that the men who will make up an almost exclusive majority of the Republican convention seem to be committed to the idea of nominating Ryan appears to preclude the nomination of Taylor by either party.”

The source of The Call’s information is not apparent. Up to the time of the publication of its article, August 15, there was no sentiment in San Francisco for the election of Mr. Ryan to the Mayoralty. On the contrary, the understanding was that Mr. Ryan had entered the contest from motives of good citizenship only, and that he was in no sense a seeker of office for himself.[323] Such had been the understanding during the primary campaign; such was the sense of the community after the primary vote had been cast.

All recognized, however, that Mr. Ryan was in a position of great power. He had been trusted implicitly. The selection of anti-Herrin candidates for delegates had been left largely in his hands. Few thought, however, that he had selected delegates for the purpose of giving himself the Republican nomination for the Mayoralty. Then, again, aside from the confusion his candidacy would work in the ranks of the anti-Herrin, pro-prosecution element, Mr. Ryan, while a pleasing young man and clever politician, it was generally recognized had few qualities usually looked for in the Mayor of a community of half a million people.

To add to the confusion, The Examiner, which was now in active opposition to the prosecution, came out strongly against Mr. Ryan’s candidacy, denouncing it as “a grotesque piece of effrontery.” “For the primary leader,” said The Examiner, “to appropriate the office to himself, is like the agent of a charity fund determining that he is the most worthy object of the charity, and putting[324] the money in his own pocket.”

But Ryan’s candidacy was not to be defeated by adverse criticism. Mr. Ryan had been largely instrumental in selecting the Republican delegates who were to name the candidates. Besides, he had the clever support, in its local columns at least, of the San Francisco Call. He had about him a number of enthusiastic young men who were ambitiously active in urging his candidacy.

“Every time the Taylor boomers gain a man they lose one,” announced Perry Newberry, Secretary of Mr. Ryan’s organization, and Ryan’s right-hand man. “As far as the Republicans are concerned Daniel A. Ryan is as good as named. It will be Ryan, not Taylor, who will sweep the city.”

With the advocacy of Ryan’s candidacy, came quiet, systematic opposition to the nomination of Langdon.

With Mr. Ryan and his associates in control of the convention that was to nominate, it began to look as though the victory which the pro-prosecution Republicans, under Mr. Ryan’s leadership, had won at the primaries, was barren indeed.

Among the Democrats, the opposition to Langdon and Taylor was even more discouraging. Langdon had been candidate for Governor two years before on the Independence League ticket. Theodore A. Bell had had the Democratic and Union Labor nominations. Bell had been defeated by a plurality. Bell ascribed his defeat to Langdon. The so-called Bell Democrats accordingly made this an excuse for objecting to Langdon.[325] As to Taylor, with the ability of the forces at work to defeat the prosecution considered, opinion gained daily that the failure of the Republican convention to nominate Taylor, would be followed by a refusal of the Democrats to give him nomination.

Thus with the supporters of the prosecution overwhelmingly successful at the Republican and Democratic primaries, there was grave danger that their purposes would be set aside by political manipulation.

But at this crisis a new element was injected into the situation.

Citizens who stood for enforcement of the law hastily formed a non-partisan organization to uphold the hands of the prosecution.[326] They called their organization the Good Government League. Taking for their motto “CITIZENSHIP ABOVE PARTISANSHIP,” they boldly announced their support of Langdon for District Attorney, and of Taylor for Mayor.

The attitude of San Francisco toward the Graft Prosecution was shown by the reception given the new organization. Citizens by the thousands sent in their application for membership. Funds for the purposes of the campaign were forwarded by men in all walks of life.

The Democratic leaders were the first to appreciate the significance of the reception given the new movement. What was practically a combination between the two forces resulted. This insured the nomination of Langdon and Taylor by the Democrats. It also assured the nomination of Langdon by the Republicans, for after the stand taken by the Good Government League, for either Republican or Democratic party to have rejected Langdon would have been an exhibition of “poor politics.” But Ryan still controlled the Republican convention. The Republican convention nominated Mr. Ryan for Mayor.

Mr. Ryan’s nomination was not accomplished without protest. The citizens who attended the convention as spectators were overwhelmingly for Taylor. Taylor received 53 out of the 148 convention votes, 95 being cast for Mr. Ryan. The minority charged that in the nomination of Mr. Ryan, the Republicans of San Francisco had been betrayed, and that they would not be bound by the nomination nor support the nominee.[327]

The Union Labor party, following out its policy of opposition to the prosecution, nominated P. H. McCarthy[328] for Mayor, and Frank McGowan for District Attorney.

The planks of the several parties dealing with the prosecution were characteristic of the conventions from which they issued.

The Union Labor plank definitely pledged its candidate for District Attorney to prosecution of the Supervisors who had confessed to bribe-taking although it had been clearly pointed out that such prosecution would bar effective prosecution of those responsible for the bribe-giving.[329]

The Republican plank left the reader in doubt as to whether or not the delinquent Supervisors were to be prosecuted. The Democratic plank alone pledged unqualified support to the prosecution “in any effort it may make to convict any guilty person.”[330]

The new alignment which followed the clearing of the atmosphere by the nomination of candidates, and the adoption of platforms, involved some astonishing changes.

The Examiner, which, on September 19, preceding the nominations, had described Mr. Ryan’s candidacy as “a grotesque piece of effrontery,” and compared him to the custodian of a trust fund who puts the money in his own pocket, announced its support of Mr. Ryan for Mayor. On October 20, a month and a day after publication of the custodian-of-a-trust-fund editorial article, The Examiner “unhesitatingly recommended to all the voters of San Francisco,” Mr. Ryan, “as the man best qualified to be the next Mayor of the city.”

On the other hand, The Call, which was the first to suggest Mr. Ryan’s candidacy, describing him a heroic young “boss buster,” to whom the Democrats could logically turn for a mayoralty candidate, after his nomination, described him as “a cheap politician itching for office,”[331] whose candidacy was the one element which threw a doubt upon the election of Mayor Taylor. Following the conventions, The Call supported Taylor as against the field.

The Chronicle tactfully refrained from taking sides until after the nominations were announced.[332] Then The Chronicle gave support to Taylor. If the shifting policy of the newspapers had raised a doubt as to where the people of San Francisco stood on the issue, that doubt was dispelled by the opening meeting of the Taylor-Langdon campaign. The largest auditorium in San Francisco was packed to the doors,[333] with citizens whose one purpose, expressed by approving cheers every time the subject was mentioned, was support of the prosecution which had broken up the Schmitz-Ruef organization, and which bade fair to bring to book the corrupters of the municipal government.

The meeting was thoroughly representative. Labor touched elbows with capital. Among the speakers were representative Labor Union leaders, who had definitely broken with the Union Labor party.

“It is inconceivable to me,” said Walter Macarthur, one of the organizers of the Union Labor party, in a ringing address, “that any honest thinking labor man would stand for the proposition that those men who have debauched the officials of our city should go scot free while the victims of their cupidity be sent behind the prison bars alone. I believe that labor will join with all honest people in declaring that if the corrupt bribe-taker is punished the man who is at the head of this corruption must be punished also. That is the issue of this campaign and I believe that election day will prove the virtue of my faith.”

That the contest for the District Attorney’s office overshadowed in importance the mayoralty fight was fully recognized. The Union Labor party, which had nominated and elected Langdon in 1905, had repudiated him, and named Frank McGowan as Langdon’s only serious opponent. The Republicans and Democrats, who had under a fusion arrangement in 1905 opposed Langdon’s election; united, in 1907, to fight for his continuance in office. The public service corporations, especially those whose officials were under indictment, generally opposed Mr. Langdon’s election, and supported the candidacy of his Union Labor party opponent.

This was particularly astonishing in the case of the United Railroads, whose president, Mr. Patrick Calhoun, was even then posing as a “labor union buster,” while the United Railroads was very effectively grinding to pieces the San Francisco Carmen’s Union.[334]

Nevertheless, there was certain consistency in the political course taken by the United Railroads. Whatever the differences President Calhoun, in his role as a “union buster,” may have had with the labor union, there was much in common between him and the San Francisco Union Labor party as headed by Mr. McCarthy.[335] President Calhoun and his company opposed the prosecution vigorously. Mr. McCarthy and his party went quite as far in this opposition. President Calhoun was most emphatic in his denunciation of those who had made the graft prosecution possible. Mr. McCarthy was scarcely less emphatic in his denunciation. Indeed, Mr. McCarthy opened his campaign with an attack upon the graft prosecution. Inasmuch as the one issue before the people was the continuance of the graft prosecution along the lines that had proved so distasteful to Mr. Calhoun and those in the same predicament as himself, the support of the Union Labor party candidate for District Attorney by a union-labor-busting corporation was not entirely inconsistent.

And yet, Mr. McGowan, the Union Labor party candidate, definitely pledged himself to continue the prosecution, but he promised that the prosecution which he would carry on should not “disturb business,” that Heney[336] should no longer be retained as special prosecutor, that the Supervisors who had confessed to bribe-giving should be prosecuted[337] as well as those who had given bribes.

This last was one of the chief arguments advanced in support of Mr. McGowan’s candidacy. On the ground that a mistake had been made, if a wrong had not been done, when the Supervisors were granted immunity,[338] it was urged that Mr. Langdon should not be continued in the District Attorney’s office.

The election returns[339] were conclusive of San Francisco’s attitude on the several issues raised. Taylor was elected Mayor, with a clear majority of 415 over all his competitors. Langdon’s majority over all competitors, including the Socialist candidate, was 13,510, his plurality over McGowan being 14,808. And with the election of Taylor and Langdon[340] were elected all the Good Government League candidates for Supervisors.

The Graft Prosecution had successfully passed another crisis. It had, too, received overwhelming endorsement of The People at the polls.