Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1859-09-28
THE EXTRA COURT QUESTION.

An effort is being made to injure Sam. Linn,
by representing that if he is elected Judge,
the people of the District will be subjected to
heavy costs for holding special courts. This
is mistake, as will be seen by the following
letter, which was written in reply to one ad-
dressed to the lawyers of Bellefonte, by num-
Der of the most respectable citizens of Centre
county, OF both parties, asking for the neces-
sary information or the facts on the case
We commend it to the attention of the votes
Of Clearfield county.
BELtEFoNTE, Sept. 8, 1859.
GENTLEMEN We have received yours OF
the 22d inst, in which you ask us, elf Mr.:
LINN sbould be elected, to what extent II
would increase the expenses of the county IN
holding Special Courts to dispose Of the cases
in which he is interested as COUNSEL" That
this subject should be, as you say, much agi-
lated, is perhaps not strange; and it seems
proper that correct information should be Civ
en- in relation thereto.
We will answer the question frankly without
committing ourselves individually to either
of the gentlemen now before the people of this
judicial district for the office OF President
Judge. The law with regard to holding Spe-
cial Courts has been materially altered with
In the last five years. Formerly 1t was neces-
sary that seperate and distinct Court must be
held for the trial of all causes in which the
Judge had been Counsel or in any way con-
nected or interested. This has now been en-
tirely changed, as will be seen by the follow
ing section of an act of Assembly passed the
10th day April 1919, which will be found in
Pamphlet Laws page GIG: ssWhenever it shall
be necessary to hold Special Court in any
county of any judicial district, agreeabiy TO
the laws in force, an arrangements may be
made between the President Judge of such
district, and the President Judge OF any ad-
| joining district, to hold the Court of any reg
| ular term for holding the courts in such corn-
fy adi np6 orr of Said ..
and the Judge of such adjoining district sha y
take the place of the other, without addition
al notice or special yenire, and all proceeds
| ings had before the said Court, shallbe of the
| same force and effect, and be conducted ac-
cording to the same rules and regulations, to
| all intent and purposes, as if the same had oc-
| cured before the proper President of the dis
| trict." BY an act of 18th of April, 1883, this
provision is extended to any President Judge
| of any judicial district in this Commonwealth
without regard to his being in an adjoining
district. Pamphlet Laws, page 573. From
| this Law it will be observed that no extra or
| special term of court is necessary. An that is
needed is for the President Judge who has a
cause or causes the list, in which he was
concerned, to invite the presence of any 9th
| er Judge who can conveniently attend at any
| regular or adjourned term of the Court, who
| takes his seat on the Bench and tries the cause
or causes before the same jury, and when his
duty is ended, the Judge of the district re-
sumes his seat and the business proceeds with
out any interruption or delay, or adding any
| additional costs to the county for the payment
| of jurors, or to the Sheriff for summoning
them, as is notoriously known TO be the case
when Judges Pearson, Wilson and Graham
held special Caurts during the regular terms
| of our Common Pleas, in accordance with the
above cited law. For suck service, the Judge
called to an adjoining district, receives fye
dollars per day from the State. u
| Yours Respectfully, "
A. G.. Curtin, james L. Hale,
| II. n. McAlister, VIM. p. Wilson,
r. G.. Durham, Adam Hoy,
W. w. Brown, Ed. Blanchard,
| J. II. Slower, Jas. A. Beaver,
| Charles II. Hale.