Dreman v. Fields, Gen. No. 49F6.

• Decision Date: 25 April 1949
• Docket Number: Gen. No. 49F6.
• Citation: 337 Ill.App. 335,86 N.E.2d 121
• Parties: DREMAN v. FIELDS et al.
• Court: United States Appellate Court of Illinois

337 Ill.App. 335

86 N.E.2d 121

DREMAN

v.FIELDS et al.

Gen. No. 49F6.

Appellate Court of Illinois, Fourth District.

April 25, 1949.

Appeal from St. Clair County Court; C. C. Dreman, Judge.

Proceeding in the matter of the conduct of Election Precinct No. 12, East St. Louis, at the primary election held April 13, 1948, wherein C. C. Dreman, county judge of St. Clair County, Illinois, issued a citation against Lucille Fields and others requiring them to appear in county court and show why they should not be adjudged in contempt of court. From a judgment finding all respondents guilty of contempt, they appeal.

Judgment affirmed.Wm. P. Fleming, Edw. F. O'Malley, Louie F. Orr, Robert B. Rutledge and R. E. Costello, all of East St. Louis, for appellants.

Philip G. Listeman, of East St. Louis (Lloyd Middleton, of East St. Louis, of counsel), for appellee.

CULBERTSON, Presiding Justice.

This is an appeal from an order of the County Judge of the County Court of St. Clair County, C. C. Dreman (hereinafter called the petitioner), finding appellants, Lucille Fields, Joseph L. Sharp, Mary E. Spires, Margaret Carpenter and Mamie Lusk (hereinafter called respondents), guilty of contempt and imposing jail sentences upon such respondents, and removing respondents from their offices as Judges and Clerks of election. Two of the respondents, Margaret Carpenter and Mamie Lusk, were sentenced to three months in the county jail, and the other respondents were each sentenced to six months in the county jail of St. Clair County. The respondents were also ordered to pay the costs of the proceeding, and were denied pay for serving as Judges and Clerks at the primary election held on April 13, 1948.

Respondents were Judges and Clerks of precinct number 12 in East St. Louis, and served as Judges and Clerks for the primary election held on April 13, 1948. They had all served previously as election officials. The evidence showed that prior to April 13, 1948, the County judge had conducted a class of instruction for poll officials at the Board of Election Commissioners' office in East St. Louis, and that all of the respondents, except respondent Sharp, had attended and were furnished with pamphlets explaining the duties and obligations of their respective offices.

On the day before the primary, a poll book, applications for ballots, and other election material was delivered to the precinct and was received for by respondent, Lucille Fields. There were 300 Republican and 300 Democratic ballots, in all, delivered to the precinct. All respondents served in the capacity of Judges or Clerks on April 13, during the time the polls were open, and after the closing of the polls they, presumably, proceeded with the counting of the ballots, the tabulation of the votes, and other duties of their offices. About 10:00 a. m. on the following morning, April 14, they returned the sealed ballot sacks, application for ballots, tally sheets, statement of votes, and other election supplies to the election of Commissioners' office.

The statement of votes prepared by respondents and signed by them represented that 300 Republican and 193 Democratic ballots had been cast, while the applications for ballots showed that there were only 147 applications for Republication ballots, and one absentee Republican ballot. Some other irregularities were also found in the statement of votes. For the office of County Auditor on the Democratic ticket, Agnes Tiernan had been credited with 181 votes, and her opponent, Leonard Reinhardt, was given only 34, making a total of 215 votes, and which was more than the total of 193 Democratic ballots called for. The statement of votes also showed that one Republican candidate for Delegate to the National Convention received 282 votes; one candidate for Congress, 172 votes; and one candidate for State's Attorney, and also, for Circuit Clerk, 281 votes each, while only 148 Republican ballots were requested in all. The tally sheets and tally marks on the exhibits which were introduced into evidence before the County Judge, showed indications of irregularities and inconsistencies.

The County Judge, under the provisions of Section 7-30, Chapter 46, 1947 Illinois Revised Statutes, issued a Citation against respondents, requiring them to appear in the County Court and show cause why they should not be adjudged in contempt of court. The Citation was issued on April 15, 1948, and was made returnable the following April 23. Respondents appeared on that day, though five lawyers, and requested an order for filing a Specification of Charges against them. A written Specification of Charges was filed on April 24, 1948. A motion to dismiss such written Specification of Charges was argued and overruled. Respondents then filed a verified answer, denying and misconduct.

On a hearing before the Court, applications for ballots, statement of votes, tally sheets, the poll book, oaths of office, and other election material of the precinct, which were secured, and apparently in the identical condition as when delivered to the Election Commissioners' office by respondents, were all introduced into evidence. The sealed ballot sacks were opened and the ballots were examined and counted in Open Court, in the presence of respondents and respondents' Counsel. The facts, as demonstrated by the evidence, showed that there were but 193 Democratic and 148 Republican ballots requested by the voters of the precinct, and it also showed that although the respondents in the statement of votes and tally sheets showed Agnes Tiernan with 181 votes, and her opponent with 34, the actual count of the ballots showed only 129 ballots marked for that office, and that Agnes Tiernan actually received only 55 votes, while her opponent, Leonard Reinhardt, received 74. The evidence also showed that the sealed sack contained 96 Republican ballots which were marked, but uninitialed, and which had been folded but once and could not have been inserted into the ballot box by a voter, nor taken from the ballot box by respondents. Other irregularities in detail were also shown in the evidence. Respondents refused to testify on the ground that their testimony might incriminate them in a criminal proceeding arising out of their conduct as election officials in the primary.

Witnesses offered on behalf of respondents testified as to their previous good character, and there was some testimony to the effect that some unknown persons came into the polling place and disturbed some papers with which respondents were working and tabulating votes, but there was no showing that such persons were present at the time of the counting of the votes by respondents, nor did the evidence explain in any manner how respondents could have counted more votes than were actually cast. At the close of the hearing, the Court, in a written finding, found all the respondents guilty of contempt and imposed the jail sentences upon them as hereinbefore stated, and removed them from office as Judges and Clerks of election. On appeal in this Court respondents contend that the Trial Court erred in overruling respondents' motion to strike the Specification of Charges against them, and likewise, that the Court erred in the admission or exclusion of evidence, as well as in fixing the punishment, which respondents contend is excessive under the circumstances.

The proceeding in...