Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1892-01-08
LEGAL NEWS.
THE xrHn ACT In cLEARPIELp co.

| THE yEEB ACT IN CLEARRIELD co.
Al the opening of License Court in Clear
field Co., Monday, $50 applicants for license
were present with their bondsmen. and
Judge Erebbs read decision on the Neeb act
| in which he holds that act of 18th OF June,
1891. was intended to change the require
meut ss to bondsmen and provide that
there should be two reputable free holders
of the county where the liquor is to be
sold. etc. The title is IAN act amending
the fifth and eight sections OF the act emu
tied an act 10 restrain and regulate the
sale of vinuous and spurious liquors, etc !,
approved oath May, 1887" The Court
held that no other liquor act contains over
| three sections except the retail act OF May
Is. 1887, and that il was certainly the act
referred to in the amendment of 10 June,
1891. He further said it falls within the
provence of the courts to correct u mere
" clerical error even in an act OF Assem-
bly. when, as il is written, it involves q
i manifest absurdity, and the error is plain
and obvious. Therefore, bond signed by
sureties otherwise qualified and residing
| within the county is good bond.
| SUPREME COURT DRCI sIoSs.
The Supreme Court of the State conven-
| ed at City Hall, Philadelphia, Monday at
| IL a. m. Chief Justice Psxon delivered
enloev ON Justice Clark, decd; the COM
mission of Justice Heydrick was read and
he took his seat; and the Court handed
down the following decisions of interest to
the people of this County.
| Perdue vs.. Taylor, appeal from G. +. OF
| Butler Co. Judgment reversed and new
| awarded,
| Cochran VS.. Cochran. Judgment affirm
ed.
| Hollister VS. Egbert Decree affirmed and
appeal dismissed at the cost OF appellant.
The Court, also affirmed the degree OF Z.
P. No. 2, of Allegheny Co. as to the Penn.
Bank suit. This is the case brought
against the directors of the Penn Bank to
| b old them responsible. The lower court
| found in favor of the directors, but placed
the costs ON them The Supreme Court
afirns the decision, but relieves the d.
rectors of any costs.
| THE McGINTY CASE.
| In per curiam opinion the court affirm
| ed the decision of the quarter sessions of
Lawrence county in the case of the COM
monwealth against Sarah A. Randolph.
| The qnestion arose under the following
count of an inditment: THAT Sarah A
| McGinty, alias Sarah A. Randolph. did
| unlawfully solicit and invite one Samuel
| Kissinger and, by the offer and promise of
payment of large sum of money, did in
| cite and en- courage him, the said kissinger
to feloniously kill, murder and slsy one
| William Foltz, citizen of said county"
| Upon the trial below the defendant
| moved to quash the indictment on the
| ground that it did not charge in any count
| thereof any offence either at common law
or by statute. The court below refused to
oussh and the defendant was convicted,
| whereupon she appealed, assigning as or
ror the above ruling of the court and its
refusal to arrest Judgment. In their opin-
| ion the supreme court says:
at may be conceded that there is no
statute which meets this case aud the
| crime charged is not an offence at common
| law the Judgment must be reversed
| What is a common law offencef We en-
| deavored to answer the question in COM
| monwealth VS.. Hale, ct al, 79 Pa 397
We then said the test is not whether pre-
cedents can be found in the books but
wheather such crimes injuriously affect the
public policy and economy
Tested by this rule we have no doubt
| that the solicitation To commit murder ac-
companied by the offer of money for that
purpose is an offence at common law
| This was an act done, step in the direc-
| ton of the crime, and had the act been
perpetuated the defendant woLld have
been liable to punishment as an accessory
to the murder. 1t needs no argument to
show that such an act effects the public
policy and economy in serious manner.
We are of the opinion that the appellant
| was properly convicted and the Judgment
| is affirmed"
THE STATE SUPERINTENDENT CASE.
In the case of the common wealth ex rel
Hensel vs. Waller. the Supreme Court re-
versed the decision of the Dauphin Co.
court and handed down an opinion that
will continue Waller in Office till April lst
| 1893.
| to full term of four years by Gov Beaver,
| but died in December following. DR..
Waller was appointed to fill the vacancy
during a recess of the senate, but when the
senate next met the name of DR.. Waller
was sent in and confirmed. Then came
| the change of administration, The refusal
| of Gov Pattison tn issue commission tn
DR. Waller. and his appointment OF DR.
| Snyder to the place. The senate refused
To confirm DR.. Snyder. and on its adjourn
| ment Gov. Psttison again appointed him
/ DR.. Waller held that the governor had no
| right to appoint man once rejected BY
4 the senate, Auu IcluoCu W N0CdtC tuo
| office. Action was then brought in the
| Dauphin county courts by Attorney Gen
| ersl Hensel to oust DR.. Waller. Judge
| Simonton decided Snyder not eligible after
| his rejection, but also ruled that Waller
| had no title to the Office, though be would
| bold until his successor qualified Waller
appealed and Snyder abandoned the con-
test. The Supreme Court now decides
that DR.. Waller will hold for the term for
which he was originally appointed, which
ia the vacancy caused BY the death of DR..
Higbee, extended to April LIST 1893.
| NOTES.
The conviction and sentence of the mem
| bers of the Perkins Detective Agency in our
Courts last week, for violating the liquor
law Of this State, will have good effect.
| Men who are SO unscrupulous as to resort
to such unlawful practices in order to fast
en- q crime on their fellow citisens are not
safe to be ut large. We have no sympathy
for violaters of law. Any person or per-
sons guilty of placing distractions on q
railroad track should be dealt with to the
full extent Of the law, in fact the extreme
penalty as provided by law is not snficinet
punishment tor such miscreants. Neither
have we any sympathy for men who (un.
der the guise of officers of the law resort
to such nefarious means, as was clearly
proven at their trial last week. The
| wrecking of train is serious matter, but
no more 80 than the wrecking of the life
of an innocent victim. officers are requir-
ed and expected to use all honest endesy
ors to hunt down criminals, but in their
zeal in doing SO they should remember
that it is better that "dosen guilty men
escape than one innocent person suffer-
New Castle Guardian.
The will of Mary A. Croft of Middlesex
twp. was prObated and letters granted
to James A. Croft; also will of William
Gallagher of Clearfield twp, and letters
to Simeon and Andrew Gallagher.
The slander suit of W Hemphil va
his uncle David Hemphill is on trial in an
Allegheny county Court.
The County Auditors are at work, and
the new Jury Commissioners have drawn
jury for the February term.
John Tate, the last of the boodlers
wa released from the New Castle jail,
Tuesday, on an order signed by the Asso.
ciate Judges.
LATE PROPERTY TRANSFERS.
Robert Black to Fannie Armstrong IS
acres in Mercer for $1,000.
B McCament to James NJ Hines 3
acres Slipperyrock for $04.
Jas B Wright to N Barr % acres in
Jefferson for $1,000.
Mary Boyd to Charity Forks lot in But
Ter for 1926.
| C Fonka Tn p Rarnard lot in Rntler for