Sullivan republican. [volume] (Laporte, Pa.) 1883-1896, 1893-06-30

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and so anxious to make the people
believe that the county seat can be
removed to Dushore, although the
Constitution of the State of Penn
sylvania prohibits the passage of
any local or special laws locating or
changing county seats, erecting new
counties or changing county lines
that he entirely misrepresents the
law passed in 1878, under which
Lackawanna county was formed.
He says that Notwithstanding this
Constitutional prohibition which
went into effect on January l, 1874,
yet in 1878 law was passed creating
or erecting Lackawanna county from
part of Luzerne. That the pro-
vision of the Constitution was
evaded in this case, and that at the
very last session of the Legislature
there was talk of a law to create a
county called Hazel, with Hazleton
as its county seat. And therefore the
Constitution can be evaded and the
county seat taken to Dushore. We
are not aware that anybody has
been so foolish as to pretend it was
unconstitutional to talk of law to
erect new county, or to remove a
county seat so we don't consider
the talk at last session of the Legis-
lature about Hazel county
has any weight in the case. But in
order to show how reliable Newell's
statements are as to the law under
which Lackawanna county was
organized we have made q short alb
stract of the Act of Assembly under
which Laokawanna county was
formed, and that it is a correct
statement of the law anyone can see
by referring to the Pamphlet Laws
of 1878, page II. The Act is en-
titled, Gan Act to provide for the
division of counties of this Com
monwealth, and the erection of new
counties therefrom )"
The first section provides, That when
ever any county of this Commonwealth
shall attain or has attained population of
one hundred and fifty thousand or more.
il may be divided and a new county
erected therefronl, upon the vote of ma
jority of the voters of the proposed new
county, voting at an election to be called
for that purpose.
SECTIoN 2, provides, That persons de-
sirious OF erecting new county, shall file
their application in the Office of the Sec'y.
OF Internal Affairs. setting forth the name
Of county to hn divided, its area in square
miles and Its population at last census, a
particular description of the boundary
line of proposed division and the distance
of the nearest point thereof TO the county
seat, the name of the proposed new coun-
| ty. the names Of towns etc., included in
proposed new county, the number of
square miles and inhabitants of same
Aud shall be signed by not less than 1000
of taxable inhabitants of proposed new
county and sworn to by at least six of
| them.
SECTION 8. provides. That the Sec'y. of
Internal Affairs shall notify the Governor
and Secretary of the Commonwealth and
these officers shall. If the application con-
| form TO requirements of the Constitution
| respecting erection of new counties, ap-
point three Commissioners not residents of
the county, to inquire into and make re-
port concerning the same.
SECTION 4, provides, That these Com
missioners shall be sworn, and shall make
an accurate survey of the proposed new
county and mark the boundaries thereof
They shall estimate as nearly as possible
the population of the new county and
within sixty days of their appointment file
in Secy. of Internal Affairs office, an
accurate report of all the facts in the
premises, with a map of the proposed
county, and If it appear from said report
that said new county may be established
without conflicting with the provisions of
the Constitution as to territory, population
and nearest distance OF boundary line to
county seat, the Governor shall issue a
proclamation ordering an election TO be
held by voters of said proposed new coun.
ty.
SECTIONS 5. 8. and s merely provide
mode and manner of conducting the cleo
ton upon the question of forming a new
county.
SECTION provides, That IL the ma
jority of the voters In the district favor the
erection of new county, the Governor
shall issue his proclamation declaring the
same. and thereupon the new county shall
be established. with all the rights powers
and privileges OF other counties.
The balance of the Act relates TO
appointment and election OF officers,
formation of courts etc., eto. And
to transferring records and pay
ments Of new county portion OF
debts of old county.
From the above IL will be seen
that under the Act of 1878, any
county in the State can be divided
when it attains a population Of one
hundred and fifty thousand, IL il can
be so divided as TO fulfill the Con-
stitutional requirements of territory
and not having county line too near
the county seat.
The people of Sullivan county can
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