The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1873-05-09
Some of SamaseE HenTy's Laacs.

IASI Two years, 10 pass, or attempt TO
pass, every bill that was sent to him
without consulting the people whose
interests were to be affected by their
enactment He has been subservient
i'll all his legislation, as applicable to
this county, to the dictation OF n lew
uneasy and restless radical politicians,
aidc,l and assisted by q small batch OF
guerrilla democrats. During the ses-
sion Of 1872, he passed his celebrated,
but bungling. tax law without ever
having received a single petition in its
favor. and the first time the taxpayers
of the county ever knew that such an
Act had beeI in contemplation was
when they read it in the papers of
EbenSburg and JohnstOwn after the
Legislature had adjourned. y decent
respect for the wishes of his cOnstitu-
ents would have suggested to him the
propricty Of at least first ascertaining
their views III reference to & measure
which so nearly concerned one of their
most important interests. Mr. Henry,
however, felt himself above all such
tritting considerations and assumed the
responsibility.
At the last session he engineered
through both Houses a bill, not pre-
pared by himself, but sent to him by
some meddling and otltcious attorney,
which requires the PrOthOnotarv to
mark on the margin Of the docket op-
pOsite the original entry of an action,
each separate item Of that officers fees.
We do not know whether the bill has
been signed by the Governor or not
1t would simply result in compelling
the taxpayers of the county, through
the County Commissioners to pay for
almost double the number Of records
that are now found sufficient for the
Ottice-a consideration of no small
magnitude. What was Samuel Henry's
motive in passing this bill and unne-
cessarily multiplying the records in
this particular office we confess that we
cannot even conjecture. If defend
ant i'll a Judgment desires 4 bill of the
particular items which 90 to make up
the aggregate of the PrOthonotary'
fees, he has legal right to demand it,
and that officer is bound to furnish it,
This Act of Assembly was therefore
totally unnecessary, originating in one
mind capacious Of such things, and if
carried out would entail a heavy ex-
pense on the county without any sub
stantial benefit. Samuel Henry knows
how to manage the affairs Of bank,
for that is his business. but he is not
presumed to know anything more about
how the records in the Prothonotary's
Office should be made up than he does
about the language of the Modoc In
dians
Heretofore, in this county, when a
plaintiff instituted a suit III the Court
Of Common Pleas, the summons was
made returnable by the Sheriff on the
first day Of the next term. Thus a
summons issued by the ProthOnotarv.
either during the March Court or af-
terwards, was made returnable on the
first day Of the June term. This long
established practice, with which the
people were all familiar, gave the de
fendant sufficient notice to enable him
to employ counsel to appear for him
on the record before the return day
and contest the claim of the plaintiff,
if there was any defence or if not it
gave him a reasonable time to raise the
money and liquidate the claim without
any further controversy. But Mr..
Henry, our model legislator" whose
peculiar magnetism" to use the Obse-
quious language Of one of his daily
home organs, is so wonderfully ire
sistibIc, saw proper at the last session,
in the plcuitude Of his wisdom, to
change all this by the passage Of an
act providing for what is called month
Ly return days. This bill, like the one
in relation to the Prothon0tarv's fees.
did not Of course originate with him.
but was sent to him by two or three Of
his legal friends, who demand a more
speedy and summary process to squeeze
money ont of unfortunate but honest
debtors. By this new-fangled arrange
ment writs of summons may be made
rcturnable on the first Monday of each
and ecey'y month, or on the first day of
the next term, as formerly, at the OPP
ton of the plaintiffs attorney, who, ON
the return day specified, may direct
the ProthOnotary to enter judgment
against the defendant for want of an
appearance or affidavit of defence.
This is what might emphatically be
styled short and sharp practice, and
takes the starch right OUT of a de
fendant, who, if few weeks time were
allowed him, as under the old form of
procedure, would be able to see his way
clear and be relieved from the terrors
Of judgment and execution. Was
there the slightest necessity for the
passage Of this act? If there was, we
would like either that Mr. Henry or
the man who wrote the bill would in
form the people what it is.
These are some Of the laws for which
the constituents Of Mr.. Henry are in
debted to him at second hand. The
taxpayers Of the county never knew
or heard anything of the first until
after the Governor had signed it; the
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