EUGENE EDWARD SCHMITZ

This proclamation was obviously unconstitutional, but at the time no one challenged it in the courts. It is yet another example, where in an emergency, executive officers of government tend to over-reach and expand their power and authority using the necessity of the emergency as the justification. This case was particularly ironic in that the mayor, so concerned with law and order that he would summarily kill people suspected of looting, was indicted and convicted for corruption the following year. His jail time was limited by a successful court appeal, and he then lost as a mayoralty candidate, but did finally get elected to the San Francisco City Council. Of course, had he been shot when first suspected of his crime—as he proscribed for others--he would never have had the opportunity to appeal and be acquitted.

This proclamation was obviously unconstitutional, but at the time no one challenged it in the courts. It is yet another example, where in an emergency, executive officers of government tend to over-reach and expand their power and authority using the necessity of the emergency as the justification. This case was particularly ironic in that the mayor, so concerned with law and order that he would summarily kill people suspected of looting, was indicted and convicted for corruption the following year. His jail time was limited by a successful court appeal, and he then lost as a mayoralty candidate, but did finally get elected to the San Francisco City Council. Of course, had he been shot when first suspected of his crime—as he proscribed for others--he would never have had the opportunity to appeal and be acquitted.