The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-01
IN POLITICS
P. M. O'Connor, an Inspector.
Fined for Not Signing
the TalIy-Sheets.
Judge Wallace Charitably CONSTITUTES
the Law Bearing on His
Case.

Judge Wallace expressed some strong
sentiments from the bench yesterday
while charitably constituting the law in the
case of P. NJ. O'Connor, convicted under
the purity of election laws of refusing to
sign the tally-sheets as an inspector of
elections.
O'Connor was up for sentence and his
attorney, Patrick Reddv, asked for a new
trial on the ground that the verdict was
contrary to the instructions of the court or
to the evidence.
His Honor replied indirectly that the
conviction of o. Conner was under section
20 of the new purity of elections law, which
makes willful neglect and fraudulent
omission to perform election duty each
punishable by imprisonment in the State
prison for not less than five years or fine
not more than $500 at the discretion of the
court. Two juries had found ?. M. O'Con-
nor guilty and the court had set the first
verdict aside, holding it revolving to COM
mon justice that man who stood so high
in the community as this man, and who
had led blameless life and against whom
there was no evidence of intent to do wrong
should be imprisoned.
But second jury convicted O'Connor
and the court had carefully studied the
case. He quoted authorities, showing that
it was competent for the court to make
this offense either felony or misde-
meanor; that the punishment determined
the grade of the offense. 1t was, there
duce the offense to misdemeanor. More
over the last jury had recommended the
prisoner to the mercy of the court.
Nevertheless, neglect in itself is an Of
tense, and negligence in the conduct OF
popular elections is made crime. 1t is
Important that elections should be con-
Quoted with extreme care, in order that
upon the people and that the will of the
people might find fair expression.
While the position of inspector was one
of great honor, it was also one of extreme
responsibility. If an inspector was ignor-
ant of his duties he must inform himself,
as it was peculiarly easy for him to do.
Nothing but the act of God or the public
enemies should excuse him from neg lect.
at is to be hoped" added his Honor i'm
pressively, that the situation in which
the prisoner finds himself-an innocent
man, and yet liable to be sent to the State
prison as felon-may act as warning to
other election officers of the exceptionally
hazardous duties that they assume.
The sentence of the court is that the
prisoner be fined $780,
Attorney Reddy gave notice that he
would appeal if he found the sentence was
appealable, which the court denied. Reddy
thanked the court for his clear and chart
table construction of the law.
O'Connor was inspector in the Sixteenth
precinct of the Thirty-irst Assembly Dis
trict, and after working until overcome by
lack of sleep, left the booth. This was one
of the most fiercely contested precincts in
the City, and on a recount revealed some
extraordinary changes in the totals.
During O'Connor's absence the other
election officers fixed up the tallysheets. and
when they asked O'Connor to sign them
he refused, as he suspected that the sheets
had been tempered with. He did finally
sign, however, after the election COM
missioners had commenced proceedings
against him.