The San Francisco call., 1904-10-14

Only eleven members Of the Grand
Jury would vote yesterday for formal
accusation against the Election Com
rnissioners. and instead of a present
ucnt or an indictment a resolution was
passed by the majority asking the pre-
siding Judge Of the Superior Court TO
direct the District Attorney to take
steps TO oust the board from Office.
This unusual proceeding was taken
as the last course possible-'the best
that could be done under the circum-
stances" il was explained-after
stormy session in which the discord
that has been brewing at several meet
ings had broken out into an open rup-
ture. There is no legal provision for
such a resolution, and no authority 10
compel the Judge to obey the Grand
Jurys request.
Four jurors refused TO go into court
20 return the Indictment against Joseph
Rebstock, charged with misconduct
while serving as inspector in the Aims
house precinct, and Judge Sloss COM
piled with a request Of Foreman Lilien-
field 10 send the bailiff to bring them in,
there being only eleven jurors on hand
and twelve being required by law. This
was the first outbreak of hostilities.
After adjournment, those who op-
posed action against the Election Com
nissioners came out Of the heat of the
5ury-room with emphatic declarations
that AT the next meeting they would
take action TO petition for the dismissal
Of the Grand Jury. for they were dis
gusted with its proceedings and did not
believe that any more good work could
be accomplished by it. They allege
animus and political machination
against those whom they regard as
overzealous in the probing of ballot-box
frauds.
While the members Of the jury that
are bent on making free use OF the pre-
rogative OF indictment for violation Of
the purity of elections law are not very
hopeful that anything further can be
accomplished, they were not in a mood
last night to give up what they declare
10 be solemn duty. Some thought the
force Of public opinion may yet induce
the recalcitrant jurors to see the error
Of their way. At best. they admitted.
however, that the situation was dis
couraginE and the probability Of more
indictments for frauds very small The
advisability Of terminating the sitting
Of the jury and the impaneling Of a new
one was discussed favorably.
REQUEST FOR PROSECUTION.
The communication asking that Dis
trict Attorney Byington be instructed
70 Institute prosecution against Com
missioners Roberts. Devote. Letting
well, MCGUIRE and Voorsanger will be
transmitted to-day TO Judge LawIor.
who is the presiding Judge. by Fore
man Alfred Lilienfeld. The Judge re-
fused 70 be interviewed last evening
as to the matter. and would not give
any opinion concerning the legal force
Of the Grand Jury's resolution.
II is not contemplated to have the
Commissioners accused of any crime.
but charged with dereliction Of duty
for not enforcing the requirements of
law regarding the qualifications of cleo
ton officers. The only punishment. If
found guilty by the jury, would be
custer from Office.
The action Of the Grand Jurv is
based on testimony heard concerning
the election officers in the Eightieth or
Aln1shouse Precinct, where Joseph
Rebstock was inspector 1t appears
that AL Of the six officers We're Repub
licans. whereas the law requires that
precinct boards shall be divided Do
litically; not one of them is a tax
payer. Notwithstanding the statute de-
cIares that election Officers shall be on
the assessment roll; only five of the
six were residents of the precinct in
which they served-the law demands
that all should be.
In other precincts similar conditions
prevailed, and the majority of the