Note 482 — Chapter XXIX · Ruef’s Last Refuge Fails.

Some of the ablest men in the State urged impeachment proceedings. “If the charges,” said United States Senator John D. Works in a letter to State Senator Hewitt, “made against Judge Henshaw by the Attorney-General of this State, under oath, are true, why is it the Legislature of this State before this has not commenced impeachment proceedings against him?

“The legislature has no right to shrink from this duty and responsibility and relieve itself from taking such a step by relegating that duty and responsibility to The People of the State by the enactment of recall legislation. If Judge Henshaw, or any other judge, has violated his duty to the State and betrayed his office as the charges made against him indicate, the duty of the legislature is imperative, and that duty should be performed without hesitation and without delay.”

Justice Henshaw, in discussing Judge Works’ letter, in an interview in the San Francisco Examiner, February 15, 1911, is quoted as saying: “All the charges made by Attorney General Webb in his affidavit attacking the Ruef rehearing order of January 30th are true. The orders were signed in the manner stated and I told him so when he visited my office. There was nothing unusual about it. It was done in accordance with the usual practice of this court.

“We seldom meet in session to sign the orders. There may be twenty cases to be passed on in one week. Each Justice looks them over at his leisure and signs what orders he agrees to.

“I was out of the State, as Mr. Webb says, and at the time that he says. I did not even imagine that there was a legal point involved. The practice never has been questioned before.”