The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-12-12
WITHIN THE TOLLS.
Warrants for Big Game
Probable.
SUFFERS IN GREAT FEAR.
Those Unsigned Tally-Sheets
Make Trouble.
ANOTHER OFFENDER is HELD.
The Court Rules That No Excuse Can
Be Accepted for Official Neglect
at the Booths.
ANOTHER OFFENDER is HELD.

There was little tilt between Attorneys
Clunie and Long at the opening of pre-
ceedings in Judge Wallace's court yester-
day morning. Then continuance of the
preliminary examination of the election
officers of the Sixteenth Precinct, Thirty
first District, was asked by Attorney
Kowalsky. who declared that they were
downstairs in the rooms of the Election
Commission. signing the tally-sh over
which the trouble arose.
Judge Wallace reminded the attorneys
that he had nothing to do with that pro-
ceediDg. If the officers signed they did so
on their own responsibility. The question
before the court was whether they had
violated the law in refusing to sign. Any
subsequent action had nothing to do with
the original case.
Attorney M. M. Foote explained that the
statement was not offered in mitigation of
their alleged fault. but the men could not
be in two places at once. Their presence
before the Election Commission was de-
sired at the time. and for this reason he
requested continuance of all the cases
except that of M. j. Gordon, who desired
that his case should be proceeded with
forthwith.
A continuance was granted until II
o'clock noon to-day, and the order holding
p. M. OConnor for trial, which the court
declared would be issued, was continued
| until the same hour.
Judge Wallace summarized the testi-
mony in the. case of NJ j. Gordon. The
conclusion OF the court was that man
| appointed as an election officer must per-
| form the duties of the Office. One of the
conditions was the signing of the tally
| list. The whole election led up to that. II
it was not done an election could be vi
tiated. The court would not venture to
excuse the defendant from signing the
| taly-list. He had no doubt. Judge Wal
| lace declared, that Mr.. Gordon acted in
| good faith. Men were often appointed as
election officers who were unfit for the po-
sitiOn. The law on the subject was as
nearly perfect as any human law. Judge
| Wallace asked, with all the advantages of
schools and ed ucation, whether it were not
| possible in city like San Francisco to Sc
cure IL men out of 200 in every precinct
who were competent to act as election off
GERS? The duties of those officers were
great. Popular government depended
| upon the duties being properly performed.
No man should be appointed to such an
| Office who was not of high character nor
whose fitness for the Office could be in any
way questioned. He had heard how men
were frequently appointed. Men were Sc
| lected who knew nothing of the duties of
the Office, and did not care 10 inform them
| selves.
| The whole difficulty, the court de-
clared, lay with the Board of Supervisors,
who appointed men without investigating
| their qualifications, merely to oblige this
| man or that who desired to be accommo-
| dated. This was not as it should be-
| No doubt. said Judge Wallace, Gordon
acted In good faith, but he violated the
| law. He should have been present to sign
the tally-list. The law required the sigma
tnre of majority of the election officers
10 had H., II D
would not have had so important bear
ing on the case, but in absenting himself
be did so at his own risk.
80 l am obliged to hold Mr.. Gordon in
| this case," said Judge Wallace. who
stated that the order. however, would not
be made out until to-day.
| The court expressly stated that the
| signing of the tally-sheets meantime
would have no effect on the original causes
| What might be done by the election off.
| GERS meantime in the way of signing wa
| at their own option.
Attorney Clunie objected to the second
bond in the Stern berg case. He did not
know the. bondsmen. One was a book
maker at the racetrack. He did not like
to accept such bond. The bondsmen
had not come into court to be examined as
| 10 their qualifications. An order was
issued that the bondsmen come into court
| this morning to be examined as to their
| qualifications.
The various suffer cases will come up
| for consideration to-day. Another war
| rant will be issued for the arrest Of Stern
| berg for causing Illegal registrations. Ii
| is understood that Senator Mahoney will
be reached to-day, and it is quite probable
that warrant for his arrest will be asked.
j. A. Buckley, secretary of the Tenth
Precinct Of the Thirty-fift District is to
| appear tomorrow morning before the Su-
| preme Court on writ of habeas corpus,
| The writ was sued out the other day by
Buckley's attorney, j. j. Guilfoyle, the
| grounds alleged being that Buckley was
| illegally deprived of his liberty, there
being no evidence adduced at the prelim-
mary examination before Judge Wallace
to show that he had in any way been i'm
plicated in any tampering with the ballots
The matter was taken into consideration
by the Supreme Court. with the result that
yesterday a writ was issued returnable TO-
morrow morning at 10 o'clock. No bail
was fixed, and Buckley will remain at the
County Jail until then