The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1893-04-05
Not a Peg to Hang On
Sol UhPs Contest for the Office of
Justice of the Peace Falls Flat.

As forecast in the HERALD at the time at
torneys for Solomon Uhl presented petition
to the Court praying that an order be served
on Oliver Knspper 10 show cause why the
certificate issued to him as Justice Of the
Peace in and for the borough of Somerset
for term Of five years by virtue of an elec-
ton held on the 2lstd day Of February should
not be cancelled and certificate issue 10
Solomon Uhl instead, Judge Longenecker
decides that Mr.. Uhl does not have a peg
on which TO hang his claim of his own
election or grounds sufficient upon which
to base a contest.
The opinion was received by Prothonota-
ry Sanner Thursday evening and as soon as
its contents became known there was great
rejoicing among certain citizens ofboth polit-
ical parties who feared that the prayer OF
the petitioners might be granted and that a
contest would ensue. and that by this means
the ballots they voted at the February cleo
ton would be exposed to public view.
Following is Judge Longenecker's answer
to the petition of Mr.. Uhl
Solomon Uhl In the Quarter Sess-
vs.. ions Court of Somerset
Oliver Knepper. J County.
No.-February Term, 1892
The prayer of the petitioner in this case is
that the Court shall a make decree ethat the
certificate of election issued to Oliver Knep-
per be cancelled and that solomon Uhl be
declared elected Justice of the Peace, and
that certificate be issued 10 him according
ly." Numerous grounds are assigned as the
foundation for this prayer. Down TO ID"
on the third page OF the complaint relates
to the action Of the Borough Auditors in
refusing TO allow certain nominations call
ed the Citizens Ticket" 70 be placed upon
the official ballot. We cannot review the
action OF the Auditors Their determina-
ton was final, being the tribunal named by
the Act of 1891 for that purpose.
The remaining specifications, except per.
haps No 6. are not available to sustain the
prayer Of the petition. They might furnish
ground, if supported By proof, to set aside
the entire election. but not to make the de-
cree asked for in this proceeding.
From 20 10 inclusive, the specifications
are Of the drag-net character which usually
accompany some real, tangible charge OF
specific ground, which would. upon the
proof thereof, change the result as between
the eontesIing candidates. Standing alone
they do not present a case ior d contest.
Looking then at No. G. We find that it al
leges that Il persons named and % others
not named voted an Illegal and invalid bal
lot for Justice of the Peace, which votes
were counted for Oliver Knepper, and If the
election board had not counted said invalid
and illegal ballots, Solomon Uhl would
have beea declared elected Justice of the
Peace"
Msnifestly this must be based on mere
conjecture. II is not possible tha. any one
could know certainly how any of the per
sons named voted. Under the present sys-
TEN the election officers themselves could
not know without a fragrant violation OF
their duties. Besides it does not state in
what respect their ballots were illegal or in =
valid, or whether all were 50 for the same
reason. II is too indefinite and uncertain to
furnish the vehicle for an election contest.
On the whole, we deem the petition Insult
cient and refuse to permit it to be filed un-
der the provisions Of the Act Of Assembly
for the purpose Of instituting contest.
J. II. LoSGESEcKER, P. ].