[229] The position of the Prosecution was most difficult. Every department of the municipal government, with the exception of the District Attorney's office, was controlled by the corrupt administration, of which Schmitz was the official head. The necessity of dealing with Ruef, and the question of immunity arose primarily and almost entirely, from the fact that there was practically no evidence against Schmitz, except in the French restaurant case, and that there was no evidence in that case that Schmitz received any of the money which was collected by Ruef. Consequently without Ruef's testimony no conviction of Schmitz was possible at all except in the French restaurant case, and in that case his conviction was not at all certain. Union Labor party adherents were naturally unwilling to believe Schmitz guilty until he had been so proven. The big public service corporations and Herrin of the Southern Pacific were all still in sympathy with him and ready to back him for re-election. An election was approaching early in November. The redemption of the city depended upon taking its control away from Schmitz. The Police Commission and the Board of Public Utilities were part of the corrupt and discredited administration. During the rebuilding of San Francisco it was of vital importance to have these two boards honest. Hence the Prosecution felt justified in going to unusual length to secure the additional testimony against Schmitz, which ought to make his conviction certain in the French restaurant case, and thus immediately depose him from office and place the entire city government in the hands of honest men. The new Mayor could appoint a new Board of Supervisors, new Police Commission and new Board of Public Works, as well as many other important officials; and such new Mayor and Supervisors would be reasonably sure of re-election. Agents of the Public Service corporations realized to the full extent the importance of preventing the conviction of Schmitz, and of forcing the prosecution to submit to the appointment of a new Board of Supervisors before any conviction of Schmitz could possibly be secure so that the new Board of Supervisors, so selected through Schmitz by themselves, would have the power of appointing the new Mayor in case Schmitz were convicted. This new Mayor could appoint a new Police Commission and it in turn a new Chief of Police, and the new officials would be controlled by the same interests which controlled the old ones. CHAPTER XVI. SCHMITZ CONVICTED OF EXTORTION.