The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1871-01-11
LEGAL xHTTnLLTanMcu.
Contested EIectiou-Price W.. Lynd-rroubIe
with Prothonotary.

Contested EIection-Price W.. Lynd-rroubIe
with n Pr0thon0tary.
Court Of Common Pieas--Jttdge LttdIow.
This morning David w. Sellers, ESQ. came
into Court and stated that a proceeding was
about to be instituted before the Legislature
contestng the seat of James Lynd as as Asso-
ciate Judge of the District Court, and in order
thereto the law required a certificate from the
ProtboDotary Of this Court that at least ifty of
the sigueTs 10 the petition were qualified cleo
tors The petition, with the names of some of the
most prominent citizens of the community, had
been presented TO Mr.. Donegan, the Prothono.
tary, and his certificate requested. He refused
to sign it, and therefore 1t became necessary TO
present the following petition to the Court
To the Honorable the Judges OF the Court OF
Common Pleas:-1he petition OF David W. Sellers
respectfully showeth to the Court that he IA petit
TONER with more than fifty other qualified electors
Of this county to complaint setting forth an undue
election and false return in the Office OF Associate
Judge OF the District Court OF the County OF Phia-
depha In October last past which said petition and
complaint require a certificate to be attached from
the prothonotary that at least fifty OF the petitioners
electors That said petition and complaint
Were presented to Richard Donegan, Prothonotary
of this Court, on January IL, 1911, with request
that he should sign said certificate, and with the
offer the part of your petitioner to depose oath
that he knew at least fifty OF said petitioners were
qualified electors but that said Richard Donegan
refused TO sign said certificate And your petitioner
further saith that unless said petition is presented
the Senate of Pennsylvania within ten days after
the organization OF the Legislature (Which took
place on the third day of the present month),
not be according to law, and no jurisdiction would
attach to proceed on said complaint and petitiou
speeGv remedy exists your petitioner prays that
the said Richard Doneean viii be forthwith COM
manded to sign such certificate.
DAVID W. SELLERS.
Mr. Sellers requested that the Prothonotary
be sent for, in order that he might explain his
refusal to do as required.
Mr. Donegan came ia aud said that when the
request was made he could not certify that the
petitioners were qualified electors, because he did
not know it of his own knowledge and did not
choose TO stretch his conscience on that point.
He said he had not had an opportunity to OK
anime the names
Mr.. Sellers fatty contradicted him by saying
that he had twice offered him the petition, and
he had each time pushed It away from him, de-
cliDiDg to have anything to do with it..
An angry alteration was about to take place
between the Prothonotary and Mr.. Sellers
which, however, Judge Ludle@ prevented by
saying ~
"Mr. Prothonotary. /, as a judge of this court,
now hand you this petition, with the names of
the petitioners, and direct You ts examine them
in order to satisfy yourself that they are qua
lifted electors, and If, upon oath being made
before you, of their qualifications, you still
fuse to sign the certificate, we shall have to pro-
ceed as directed by the act of Assembly Now
take this and report by IL o'clock"
Mr.. Donogan took the paper and left court.
The following are some of the slgners to the
petition, of whose qualifications as electors the
certificate is waned-
William a. Porter, George NJ. Dallas, e. r. Cope,
@. 1ngersoll, Thomas W. Price, N. III. Sharpless, A.
NJ Burton, David W. Sellers, John Samnel, Richard
Yaux, Simon Arnold, G.. NJ. Husbands, George Nor
at I2 o'clock the Prothonotary returned,
handed the petition back to the Court, and
said:-
"With all due respect your Honor, do not
see that can sign the certificate"
Judge Ludlow.-"Let an alternative mauda-
mus issue returnable at o'clock"
At O'Clock counsel stated that there had oeen a
DFnfh nff hon thlf
| OF the writ, and the hour had arrived before the
! writ had been made out; Dut Mr.. Sellers said that
as the ProthonotaTy himself had TO make out his own
writ to he served upon him. and he was fully cogni
zant of the meaning OF the order he certainly ought
| to make return at once.
| Counsel representing Mr Done egan said they would
| make return as soon as they saw the writ They
| wished TO make several points; one that he, not
| being custodian OF the list or voters, was
unable to certify that these petitioners were qualified
electors; and the other, that the act OF assembly
under which this demand was made was unconstt-
tunona In that 1t required judicial act OF an ex-
Judge Ludlow suggested that IL oath was made
| before the ProthoDotary OF the qualifications Of
these electors, he could certify that upon this am
davt ne believed them 20 be- This might be suffi-
Gent and save further trouble. He gave him until
At2 O'Clock the Prothonotary made the following
| return to the writ OF mandamus:-
| In answer to said writ answer and say that
am not the custodian OF the list qualified electors
| and have no knowledge means OF knowledge
that the sgners Of said petition are such qualified
And for further answer, 1 say that am advised
! and so suggest that the act of Assembly in such
cases made and provided 90 wit, the act OF July 2,
1880 is contrary TO the Constitution OF thst safe
! and has no binding force whatever, and hence re-
spectiully submit that am not bound to make such
certificate.
| Sworn to before X. ID. DoNEGAN,
GEORGE DDlss.
= Mr.. Sellers demurred to the return, saying that
the return admitted that the signers OF this petition
were qualified electors, but simply said that Mr..
DonegaD was not custodian OF the list
After hearing counsel, Judge Ludlow said:-"1l
we order our Prothonotary 10 certify TO record OF
this court It will not do for him to refuse obedience
on the GROUND that be does not know the record tC
be true and thus answer the first proposition OF the
answer. AS TO the second, say It would be reyou
tiOnary In ct this time TO decide that this act OF
Assembly is unconstitutional i award peremp
tory mandamus commanding the ProthonOtary u
certify that upon the afIidavits before him he be
lieves the petitioners to Oe qualified electors