The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1893-04-18


The statutes relied upon by the contestants
are the Acts Of 1874 aud of 1891.
Section II, Article 5th, of the Constitution
of 1873 provides that "The trial and deter.
minatiou Of contested elections Of electors of
President and Vice President, members OF the
General Assembly, and Of aU public Q6icers, !
whether state, judicial, municipal or local,
shall be by courts of law, or by one or more
OF the law Judges thereof the General
Assembly shall, by general law, designate
the courts and judges by whom the several
classes of election contests shall be tried, and
regulate the manner of trial and all matters
incident thereto"
The Legislature in pursuance of this
mandate by a general law Up. L. 1864, p. 20S)
accepted this classification and enacted that
the several classes Of elections l0hich may be
contested in this Commonwealth are hereby
distinguished and designated as follows, to
wit:
81. The Governor and Lieutenant. Governor
of the Commonwealth,
II. Election Of President and Vice Pre3i.
dent of the United States and all officers of
this Commonwealth Except Governor and
ACKNOWLEDGEMENTS who are now or here
after shall be required to be elected by the
qualified voters of the state at large.
III. The Judges of the several courts of
record, to be learned in the law, other than
Judges Of the Supreme Court.
". Al other officers Excepting members
of the General Assembly whether elected by
the qualified voters of counties, cities, town
ships, boroughs, wards, school districts, or
any other division of the state"
By this Act cases of the first class are triable
before a committee selected from both houses
of the General Assembly cases of the second
class before the Judges Of the Common.
Pleas of Dauphin county; cases Of the third
class in the Common Pleas of the county
where the person returned or elected shall
reside and by >16th of said Act, Gases of
the fourth class shall be tried and determined
by the court of Quarter Sessions Of the
Peace of the county in which the election
contested shall be held"
So far as this Act speaks there are only
four classes Of elections (which may be con-
tested in this Commonwealth" since that
Act, and of these four classes there is only
one class, VIZ the fourth, with which the
/, Court of Quarter Sessions is empowered to
deal. Is this special election on the question
s Of the increase of Indebtedness in the Dor
8 ough of She jandoah embraced in that class
r To quote the language of the Act is to
{ answer this question in the negative. II
q relates only to Officers elected by the
f qualified voters 'of boroughs," &c. 1t is
A not pretended that the title of any officer tC
b an Office Of this borough is in controversy
4, 1t may be well TO observe that the petition
a and order of Court in this case seem to have
been framed in pursuance of the directions
n stated in the us of this Act.
a 1t is further argued by the petitioners thai
e the Act Of 1874 authorizing municipalities t.
increase their Indebtedness (P. l.. 1874, p. 65
requires Il B. the election to be held Ia.
amended by Act Of 1891, p. 254) at the place
time and under the same regulations as pro
vided by law for the holding of municipa
4 elections; that the judges and inspectors o
such elections are to receive the tickets, sc.
4 and to deposit said tick cts in a box provided
for that purpose, as is provided By law in re
gard to other tickets received at said elec
4 ton; that the tickets so received shall bO
4 counted and a return thereof made TO III
4 Clerk Of the Court of Quarter Sessions of tn,
proper county, duly certified, as is required
e b. law, together with a certified copy Of tn,
ordinance and the advertisement, and tina
| enid ,1g.1- .l,II II. aI e ~ -
q and furnish "a certified copy thereof, undo
g seal, showing the result to the corporate au
thorities of such municipality and the sam
shall be placed Of record upon the minute
- thereof: that in receiving and counting ant
in making returns Of the votes cast, the in
spectors, judges and clerks of said election
y shall be governed by the laws of the Com
monwealth regulating municipal elections
and that the votes shall be counted By tn
court as is now provided by general law
governing municipal elections; and that al
penalties of the election laws are extende,
to the voters and officers at such elections
that before issuing any bonds or obligation
II it shall be the duty Of the principal officer o
u officers Of such municipality to prepare
statement, showing the actual indebtedness
y Of such district, the amount of the last pre-
ceding assessed valuation of the taxable
property therein; the amount of debt TO b.
g incurred, the form, number and date 0
IS maturity of the obligations 10 be issued there
for, and the amount of the annual tax Levied
and assessed to pay the said Indebtedness
that he shall make and append thereto hi
oath or affirmation of the truth Of the fact
therein stated and shall file the said state
T ment in the Office of the Clerk of the Cour
l. of Quarter Sessions of the proper county anC
n upon failure so to do shall be guilty of a mis-
9 demeanor, Sc, and that certified copies 0
n such record, SC, shall be competent evi
9 dence, sc.
From the above statement it appears tina
the vote shall be counted By the court as {
l. nOl0 provided by general laws governing
i municipal elections. What is this method
Turning to the Act of 1874 zl3 Up. l., p. IS
e we find that Nothing in this Act shall
y require the returns of election on township
II ar horoupb officers In he made IN the corrt a