On October 24, 1906, San Francisco D.A. William H. Langdon appointed Heney Assistant D.A. The next day, Acting Mayor James L. Gallagher, who as the Chairman of the Board of Supervisors ran the city while Mayor Schmitz was traveling around Europe – suspended D.A. Langdon for "neglect of office" and appointed Abe Ruef Acting District Attorney. Ruef then wrote to Heney: "You are hereby removed from the position of Assistant District Attorney of the City and County of San Francisco." Heney said he did not recognize Ruef as D.A. At 2.a.m. the following morning, Judge Seawell signed an order temporarily restraining Ruef from installing himself as district attorney.