Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1881-05-18
THAT IMPEACHMENT PETE
TION.
FULL TEXT OF THE DOCUMENT AS 1T WAS
READ IN THE HOUSE.

the impeachment of the Governor and
Attorney General which has not hith.
erto been printed in full in any news.
paper:
10 the Honorable the House Of Rep.
reSentdtiUeS Of the General Assembly of
the Commonwealth Cf Pennsylvania =
Your petitioners, citizens of Pennsyl.
wanna and residents of the county OF
Lackawanna, respectfully represent
that they believe that Governor Henry
NJ. Hoyt and Attorney General II. W.
Palmer have been guilty Of conduct in
Office that calls for their impeachment
and removal at your hands,
Your petitioners believe it to be your
duty to call the said officials before you
to answer for their corrupt conduct in
shielding Kemble and his criminal
companions from the punishment due
their grave crimes against the laws
There will be little respect for law
in this Commonwealth as long as the
abettors Of crime are allowed TO Gil
the highest positions in the State. The
pardoning power was not conferred on
the Executive Department of the Com.
monwealth for the purpose Of foster
ing crime,
Said Hoyl and Palmer have eonied.
Grated with politicians to impose upon
the citizens OF said Lackawanna county
an unconstitutional Judiciary. The
persons who are acting as Judges of
said Lackawanna county are kept in
said offices by said IIoyt and Palmer
in violation of the Constitution and in
defiance of the decision Of the Supreme
Court of the State expressed at the
time of the granting of said manda-
mus by said Court directing the Judges
OF the Eleventh Judicial District TO
organize the Courts of said county.
Said Palmer with the sanction Of said
Hoyt, in pursuance of said political
arrangements, though petitioned some
months since by about twenty-five
hundred of the citizens of SAID Lacka.
wanna county to test through quo
warranto proceedings the right of the
Associate Judges Of said county, TO
exercise the Judicial functions has not
vouchsafed to notice the prayer Of said
petitioners.
This petition memoralized HIM as
follows
"7o Honorable H. w. Palmer, Attor.
neg General Of the Commonwealth Of
Pennsylvania: We, the undersigned
citizens and electors Of Lackawanna
county, desire to call your attention to
the following facts That W. j. Lewis
and p. NJ. Mofiitt have acted as Asso-
ciate Judges of said county since the
first Monday of January, A. d. one
thousand eight hundred and seventy
nine, and are still acting as such Judges
under commissions issued, we are con-
vinced, enormously, TO them for five
years instead Of for one.
That these commissions were issued
to them for the period of five years, by
Governor Hartranft, at time, when
it was thought that the election, under
which they claimed, and by reason of
which they were commissioned to said
offices, )held In Lackawanna county in
the month OF November, A. d. 1873,
for Associate Judges, as well as for
other officers was legal.
That, since the issuing Of said com
missions, the Supreme Court of this
Commonwealth has decided Tin the
case OF Commonwealth cx rel, Richard
Evans VS.. Patrick NJ. Walsh said cleo
ton as illegal and invalid.
That in the month of November,
A. d. 1889, another election was held
in said county Of Lackawanna, at
which Associate Judges were voted for.
Hon. William Merrick and |. V.Lyncb,
esq, being candidates, and the only
candidates therefore at which elec.
tod SAID Merrick received two thou.
sand three hundred and forty-two
(2,3i2) votes, and /. V. Lynch, esq,
two thousand three hundred and TWEEN
ty -four (2,32I) votes as appears from
the certificate "a duplicate OF which
was duly forwarded to the Secretary
Of the Commonwealth of said election
given by the Judges Of the Courts Of
said county TO said Merrick and Lynch,
and of which in the case of said Mer
rick the following is true copy:
Certificate of result of the General
Election, held in and for the County
of Laokawanna, on the 4th day of
November, A. D. 1879:
We, the undersigned Judges Of the
Court Of Common Pleas Of Lackawana
county, State OF Pennsylvania, do
hereby certify that at II o'clock on
the 9th day of November, A. ID. 1879,
being the second day after election
held on the 4th day of November A.
d. 1879, the Prothonotary of said
Court, having presented the returns
OF said election according TO law, and
caused them to bc computed in our
presence, by the proper officer and his
assistants, who were duly sworn, and
the votes cast at said election having
been carefully added together, it ap.
peared that Tor tho office of Associate
Judge, William Merriok had two thou
sand three hundred and forty-two
votes, (2,342,) and 1. V, Lynch had
two thousand three hundred and
twenty.four votes, (2,324.)
In testimony whereof We have here
unto set our hands, and caused the
seal of the said Court TO be affixed this
Sth day of November, A. D. 1879,
JouN HANDLEY, [sEAL.D
W. j. LEWIS, sEAL.] Judges.
p, NJ. MoFFlT, [sEALl
Attest
SEAL OF +. l.. HITCHCOCK,
COURT. Prothonotary.
That, by virtue of said election, held
in 1879, in our opinion, guided as We
are by said decision Of the highest Ju
dicial tribunal Of this Commonwealth,
said William Merrick and said |. v.
Lynch are the proper persons 10 be
commissioned, and to sit in the Court
of Lackawanna county as the Associate
Judges thereof d.
That il is extensively alleged that
for personal and party reasons, said
commissions are withheld from said
Merrick and Lynch at the instance
and by the advice Of persons connected
with the Executive Department; and
Ii L.