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

IHFrNftEV Vii LOu SUI Ol Jub GuGu-
BL/H ~ andoah Water & Gas
NCV n Co. VS.. the Borough of
SNS~p@ Shenandoah. Tn re-
N1SO port is verbatim and
gives all the review as made by Judge Weld
man. Judge Bechtel's opinion was a verbal
one.
Opinion On July IL, 1892, a petition was
filed in this court by seventy-one citizens of
Shenandoah asking that their petition should
be filed Of record, that a time for hearing be
appointed, that a rule be granted upon
respondents to answer their complaint, that
an order be granted to correct the mistake of
the election officers of the several wards of
said borough and declaring that the certiti-
cate issued for the increase of Indebtedness is
null and void that it be decreed that the
action of the members of the Town Council
and others associated with them was wholly
illegal and that the petitioners be not re-
quired to pay the tax proposed to be levied
and that the Council of said borough, its tax
collectors, assessors and other officers be
restrained from levyinga tax upon petitioners
/ anu inc DtOplt u sdlu bOIOuEH ny NilbuO Il
by reason of the special election held for
increasing the Indebtedness of said borough
and that said election was unauthorized,
illegal and void and of no effect as concern
ing any of the citizens of said borough and
for such other action as to the court may
seem meet.
On the same day, all the Judges being
present at the making of the application, the
petition of NJ. P. Fowler, ct. al, contesting
the election for the increase of the indebted
ness of the Borough of Shenandoah, was
deemed sufficient for filing and the SAINT was
directed to be filed in the Court of Quarter
Sessions of the Peace and it was directed that
notice of the filing Of the said petition be
served on all the officers of the Borough Of
Shenandoah by copy of this order; that q
copy of said petition be served ON such
several officers, and that a hearing be had OF
Monday, the 18th day of July, 1892, when a
time shall be fixed for the filing of an an.
swer. The court also granted a rule upon
said petition to show cause why said election
should not be set aside, Ieturnable on the
same day.
The substance of the complaint of the peti
TONERS, as stated in said petition, is that the
boz ough authorities in their proclamation
calling for the election published certain
false and misleading statements of fact which
deceived the voters, viz; a. as to the amour.
of the assessed valuation of property in sale
borough; ~ as to the amount of the avail
able assets of said borough; 49, as to the rat,
Of percentage which said Indebtedness would
represent of the assessed valuation of sale
boro ugh; a. as to the cost of the proposed
new water works.
They further complain that the form o
ballot used was illegal; that the election wa
held in violation of and without authority 0
law; that the result of the election will be t
require them to pay money in the form o
taxes which is not legally due; that the film
of the return was illegal; and that the Ger
tiicste setting out the number of votes cas-
was Illegal.
On December 10, 1892, respondents, tn.
Chief Burgess and Borough Council of shen
andoah, filed a motion to quash this petition
oILHAAE buLNNAN lol4bN AAS ANNobHaf Wa
II. That the Court has no jurisdiction il
the natter that the laws allowing election
contests refer exclusively to the election 0
public officers.
III. That it is not charged that the election
was illegally held or conducted, or that illega
votes were received, or legal votes rejected, o
that the election officers were guilty OF an.
error or misconduct whatever, or that thei
return of said election was in any respect un
true or incorrect; and that there IS nothin.
in said petition that in anywise. impeache
the honesty and integrity of said election, o
Of the.return thereof.
". That the petition does not show where
in it is claimed that the election was undu.
or illegal.
V. The atlantis are bound by law 10 sweai
not only that the election contested was un
due or illegal but also that that the return
thereof is not correct; " that in this case tn,
affidavit is fatally defective in this respect il
merely stating that the return thereof bsias
illegal is incorrect"
VI. That Charles w, Dengler, being a con
~testant and party in interest, was not quail
flied to administer the oath to his fellow con
%testants.
VII. None of the atlantis are named nth,
body of the affidavit and the fact that the,
signed their names thereto does not per S.
show that they were sworn.
VIII. That the petition of contest in thi
case is in substance and to all intents ant
purposes a Bill in Equity snd the Court O
Quarter Sessions has no jurisdiction in tbs
premises or authority to administer any o
the relief prayed for.
At the argument it seemed to be conceded
that if jurisdiction were conferred upon thi