The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1893-11-01
Ruled Out.

Following is the opinion of Judge L)nge
necker, flied at Bedford. in the matter Of tbs
improper fling of the certificate ofthe Dem
ocralic candidate for Associate Judge in Bed
ford county
IA re nomination certificate of Thomas b
Weyani, candidate for associate judge
/ Opinion and order.
rhe term Of Hon. John c Wright. one OF
the associate judges of Bedford county. win
expire the first Monday of January. 1894
and the several political orgla zlEioas when
assembled in congeniiOn. nOniuatei candi.
dAles for that Office The Republicans re-
nominated Mr.. Wright, viii e the Democrat
ic convention named Thomas B. Weyant as
It's candidate. Weyants certif ate of nomi
nation was flied in the office OF the county
commissioners on the Oh OF O;.ober, 1888.
On the 10Th of October. it being ascer-
tained that he had failed 10 file bis certi6-
cate with the secretary of the common
wealth, in accordance with Sec. ) Oi the act
Of June 10. 1898, objections we're lodged with
county commissioners against the certificate
fled with taem, aud praying that the court
saOuld hear the parties aud dsiermins The
effec thereof agreeaoly to Section Of the
act When the matter was brought to our
attention rule up1n the respondent was
issued, re,urnable oe.obsf y, in response to
which Weyant appeared in person on the
return day and filed his answer. In this he
admitted the facts substantially as alleged
in the objections, bar cJntendsd that filing
his certificate of nomination with the cOun-
~ Commissioners, as he hal dJne, WAS
compliance with the act Of assembly and
therefore entitled him TO place on the OFF,
cial ballot.
No defect in the form of his certificate is
alleged. The single question presented for
our dissemination is, whether the certificate
of nomination Of a candidate for the Office
af associate judge is comprehended in the
first class enumerated in Section 5. and so
required 70 be placed on file with the secreis-
ry Of the commonwealth 35 days prior to the
election or in the second class and therefore
to be 6leI with the county commissioners
2S days before the election.
The first embraces presidential electors,
members Of the house of representatives of
the United States and State officers, "includ-
ing judges" and ssnators. judges are no
where else mentioned, and no distinction is
made between candidates for Judicial ofii-
ces, whether for the supreme court, pTesi-
dent Judges OF the common pleas, orphans
court, additional law judges or associate
judges All must be taken as included by
the legislative intent in constituting the mean
ing Of the word Judges We fail to see
anything in the act which even suggests
different conclusion. The language Of the
act IS so plain that it requires no lawyer 10
interpret il.
It was the clear duty OF Weyant to file bis
certificate in the state department within
the prescribed time, aud having neglected to
do 50, that filed in the commissioners office
cInnot avail TO secure the printing Of his
name on the Official ballot.
By the express Language Of the Law oerti-
ficates filed in the proper Office are presuni
ed to be valid. and those which are dsfeo,ive,
If filed in due tlme, my BE- ansnIel aad
cured, but there Is NJ saving provision fir
an error ike this.
Aud now, OctOber p. 1898, the ceruhcste |
of nomination filed by rhOmas b. Weyant
in the otliee Of the county commissioners on
the 9th Ostooer instant, IS therefore deciaF-
ed to be null snd void AMI OF no effect for
any Of the purpose Contemplated by Section
) OF the &C, OF assembly approved the 10th
June, 1895.
By the court
J. H. LoSeESEcKER, p. J.