The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-11-30
UNLAWFUL 0FFlCEIIOLDlNG.
- tAsE THfT THEFRAUDULENTP REsI-
DENT MAY PONDER.
The suprc me Court Of Pennsylvania Turns =
he racto Fable Oniccr out Of au once
TO which he was not Lawfully Elected.

he Facto Public Omccr out OF nu once
10 which he was not Lawfully Elected.
Itopn n, Ph,k"i,olht r,m.s
The following important decision was de-
liyercd in the Supreme Court at Pittsburgh on
Thursday Nov %:
The Commonwealth OF renn.ylyaG,e =, rsls,og, he
l sqI the sop snp PsS, o Of Sr ceunI S
This was n writ OF quo warrnnto issued upon
a suggestion filed by the Attorney General OF
the Commonwealth against George Walter. re-
uuiring him to showby what authority he holds
and exercises the Office franchises, rights; and
privileges. and ENJOYS the emolumcnts OF the
Office OF High Sheriff of the County OF iNiler.
The suggestion AYERS that tn? s4id waiter,
Mcclure money to use in carrying said election
forhim for other purposes than for printing
information to the public or for political meet
ings, demonstrations. and conventions. or for
anhorSed By law V but pro Tor eorrupt ss and illegal
purposes in procuring his election. The sug-
position shen spsclss acs 1i s e9Ttqp drg and
ter. having taken the oath OF office required hy
the Constitution a tho state of Pennsylvania
after he had been declared elected to the said
Office of Sheriff. did then and there. COM
nit and was guilty OF wili1l and cor
rupt perjury, having committed and been
above alleged and charged, which in said oath,
George Walter has become and IL disqualified
from holding the said office Of Sheriff Of the
county of Butler aud since the first Monday Of
eight hundred and seyrnty-sIx he has usurrrd
and does usurr ON IN" Commonwc9th theron,
luton ana lave tncreoI an amended sugges-
S4 a NJ sdsd rPr sSS'9 to INV weys s a toy
which il unnecessary under the view we take
of the case. Nor need we now allude to any Of
the subsequent proceedings in tho cause until
we come 60 the demurrer filed hy the defendant
on the first day Of October. 1911 Under the
well-settlcd rules OF law. this demurrer was an
admission of all the facts sufficiently pleaded.
The drmurrcrwas general. An attempt was made
10 show that il was special los "A cert rate Of the
learned Judge of the court low that it WAS
only taken to "a single point. The riiGcnte
was no part Of the record. although filed in the
the unofficial declaration 81 the Judge can be
received Ia contradict his own record 1t is
however wholly nnmaterinl. ny we are unable To
any diffcrcn q between a general and a special
perceivn demurrer as 70 the admission OF the
We are. therefore brought to n consideration
Of the suncicnev ~ the suggestion.
THf Ia" OF THE CASE.
Tho law Of the enae will no found in sec,lor o
=, ,r,cp "a a. ,,, w., ~, "A 5oo'o w.,
1a,h u, - ~ ~, Va ~ H. ai,u W. ~ Ui
iotn @, nptii, ls't L. NJ q, me SUPERINTENDENT
wwhi ii'' ~ s "n S pei1on WHY sm
VIII" , nanuiu ~, 1r oiac' De guilty. vi
lion law shall he forever disamaIiied from hold
, mil H. o',ive :" ,tus. OF proi, In ,ls ,VhnHn
w"i,n ~ ~ aiy nc,s1n eohNIi'u o, W,ilu
,1 nn,, , ua w. i s" ~ auui."i
the right Of suffrage absolutely for u term Of
,IIut , sors III Wt 3i i9t ,, aver 1ehhihH IN
ian hat 4.
,aiI ~ H. p' hH,iip Una, nu.ing run-
suthori5 the ~ money cr oiher AIN az NO
abia ,hi,,, ~ X, ,,,, 'r nv
s I, r',ni iUt th' s"'e "I Innnence Oh any
i ~, " mi 10y, ~ VI M
5atin rny"ntnns or fop nnv rp,, r,,r n"ai-
rbh'ans o. LOT any c0,rupt purpost1
n,,iai Si,, no'uomt 10 hn u,evtion. am al
,nrnni,,: ', ct,o sh1 "Iu n,u,,clpn, oiicers
he ,tias ~ i,.''', e,,iye e"et ,,s utuLn
III uuiiles w ,i,"' rts p.ruNe oni''H, Mkr
NV 7uss'ii,"T my o"en prcscflvtu ~ s.c-
ntiop ~ Ills eommenyaal,b VI Tba Oo n,'a
,n, /, ulS Ky, IN ahe aNet
onoy ~ =, W, M II ~, i,1. W ,h nv p aid
.snnnsrs urxind for IN ,b ,,''' n, ~ is s,
Tor cotIui! nnn ~ ~ "a. ga pHrposcs IN lfo.nrihf
hc s,;J , NJ ~ ~, ,',''i - "a 't,,i.dD I vi
,s"nnd Tor li.ss',ni,i IL, ~ ~, ~
NJ 10 1T, % ~. W. ,lloi ui,' 10 vi"
anu .ii'Iu, luI un,'c uhee'ihssi uenon-
hnri1ni r A h, - . ' IL, ~ ~ M ~, az.
10, ao MI. az ~ 1874 dsaI"ros "a a, m MP
.h,H 10. elth'r nomination OF an ERECTION
snowin,,,, nu, % ~ YTot N"o ~ shirs "r
iim, eitnSr Tor the n"n,inution' election or nm.
nointmcnt sxrnnt frr tha thr,' ,i'rnlsns ~
tpaciiIad W. think th.rnfore thnt Tho avcr
nent in the sngersiion that money was noid NOT
md iliaDs nurposs wI ior Iorrum
,ru,n, y, ~ ~ -. w. ,hs NJ pi.'.olI
he Constitntion and The p"nalities ~ he act II
s7f II foiio,ys fhat the C"mrt he law nrrai IN
iustaining ia. Jom,1rrer N0"i' Ne'0" Vi'Vu IA
THE JUDGMENT OF CUSTER
7, ron,otn. ., ,o,,Yi.i,. ,.',,.,-
,rier final Indictment If the Attendant L,si de.
. nnrrtn prom NY lnrrr WON'T nav n"en mush
r,,u,nr, H. W., 60 a ~, l,,n W. -, ,iie
,pond"at o I Eut "tht Comma1nwSanR ha,
year u,"n annib,r no'n, H. ,N Ns h.ar ia 49,,
w"rd ~ nv Jf, tLo W 'nou near T."
Judgment was reyurs"l Nov ~ is7f' and n
or trial, that lhe demurrer was put in. Tnis