The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1894-10-31
ASHcOM LOSES HIS FIGHT.
HE MAKES A STUBBORN CONTEST
BUT FAILS TO WIN.

critchfeld Declared ths Regular Rspubli-
can Nominee in the Thirty-Sixth Sena-
torial District-The Decision Set
tlss An Important Question in
the Ballot Law.
The controversy between Senator
Critchiield and ex-Representative Ash
com as TO which was the regular Republi-
can candidate for thu state Senate in this
Senatorial district was decided by the
Dauphin County Court, al Harrisburg.
Friday. Mr.. Ashcom was represented
by Attorneys kunkle, Fox and Miller, of
Harrisburg, and District Attorney Well
er. of Bedford. Messrs. Weis Il Gilbert,
OF Harrisburg, and George II. Scull, Esq.
| appeared for Senator Critchfield. Judges
Simonton and Mcpherson were on the
bench. Mr.. Ashcom did not appear in
court in person and, although diligent
search had been made for him for several
days, Senator Critehfield's agents were
unable TO discover his whereabouts i'm or
der 10 serve personal notice of contest
on him. His attorneys contended that
the case could not be heard, as there had
/ been no personal service of notice. The
court at once decided that the service of
notice at his residence was sufficient and
| proceeded TO hear the case. But few wit
nesses We're called
The controversy hinged entirely, rs the
HERALD stated last week, on the ques-
ton of the right of Edwards, who had
Withdrawn, To remove two of his confer
eeS and substitute others in their place.
The attorneys for Ashcom eontcnded that
Edwards had this right. while Critch-
fields attorneys took the position that
when Mr.. Edwards Withdrew his power
ceased and that the only legal cOnferrecs
were those who participated in the con-
ference which nominated Edwards
The matter was argued nj great length.
At the close of the argument the Court
consulted for 4 few moments and then
handed down its decision declaring
Critchiicld the regular nominee
When the decision of the Court was
made known District Attorney Weller
and the other Bedford county gentlemen
present extended their congratulations To
Senator Critchiield, with assurances of
their loyal support, also assuring him
that he would receive the full Republican
vote of Bedford county.
Among other things the Court in the
opinion handed down, said:
80 long rs he (Edwar,ls), remained a
candidate" ''he might substitute one
conferee for another AT his disere-
tion-the power IL change being nee
cSsarily implied i'm the original power
10 appOint-but when he ceased to DC "A
candidate and became again Il single citi-
zen, with no special interest in the confer
ence, his power also ceased. lie
has mo right to coercc or transfer their
lthe confvrees) vote al will, and mis- power
to substitute (which II essentially pow
cr to appuintl comes to an end when he
ceases 10 toe candidate. Ii would bc an
anomaly in our society 10 permit the po-
liticai power of a county TO he welded in
4 conference by person who has no in
terest a. a candidate in the result"
Judge Mcpherson holds that section IL
of the ballot law of 1873 continued the
conference in life as an official body. sub
jet 10 such changes IL its personnel as
might be legally made, and as Mr.. Ed
wards had lost his power when he with
drew his nomination and rcnoanc@1 his
further candidacy it follows that his at
tempted substitution was a mere nullity
and WAS properly disFcg;lrded by maj jor-
ity ofthe original uonfereeS. Mr.. Critch-
field i therefore declared 90 be the regular
nominee of the Republican party, and Mr..
AShcom's certificate i void.
0n the question Of personal sorviceo of
notice of contest and the inability to find
AshcoIn, Judge Mcpherson holds that the
service of notice at his residence was sufli-
cieni. He adds: 'Othcrwise i would
be in the power Of the person whose NOM
ination was Ia be attacked 20 prevent the
contest by secreting himself 50 that per-
sonal service would he impossible
The Harrisburg Pa,iot of Friday says:
This was probably the most important
case which has arisen under the new bal
lot law, and the decision of the court set
lies the question that where nomination
has been made by "a conference and the
nominee withdraws the same conferces
mast i'll such Vacancy, and that Il candi-
date when he once withdraws has no
further control over the conferrees select
ed by him by authority from the county
convention.
The conference met September Is and
nominated Allison :. Edwards, of Fulton,
who subsequently withdrew, revoked the
appointment of two of his FGlton county
tttitEiltt- anu iNO W ilh
were given seats in the conference held
last Saturday, when Ashcom was nomi-
mated. The two Fulton county men who
were refused seats then united with
three Somerset county confcrrecs and re-
nominated Critchheld.
The case turned on the point as 10 the
extent of the authority of Edwards To
make Il substitution of the two new ones
for the original conferees after his with
drawal Ashcom's counsel contended
that Edwards having received authority
from the county convention To appoint
conferees continued to have such author
ity notwithstanding his withdrawal, un=
til the same had been revoked 10y the
power which had granted it and that the
authority granted by the convention WAS
unlimited and unconditional. 1t was also
coniended that if Edwards authority ta
name and substitute c)nierees has ended
10y his withdrawal the authority of his
appointees, both original and substitute,
ended.
This being so, in order to give Fulton
county proper representation the con-
yention of that county was the proper
tribunal under the rules of the party to
select new conferees and that Critchiield
having been nominated by three con-
ferees from Somerset county and the
two original conferees who had been Sc
lacted 10y Edwards and who, if his au
thority ended, were also without authori
ty to act Critchfield's nomination was
Illegal and void.
Ashcom's counsel strenuously insisted
that Edwards power was unrevoked and
that he had the power to make the substi-
tuition for Fulton county a. much rs the
county convention itself, he standing a.
its representative. aud, therefore. Ash
CONS nomination having made by the
three conferees from Bedford and the
three Fulton conferees authorized to act
Is such by Edwards Ashcom was proper
" nominated
THE BEST CANDIDATE THAT COULD HAVE
BEEN NAMED.
Under all the circumstances, we think
that Senator Critchfeld's denomination
was the best thing that could be done he
represented us with great credit dur
ing his term and we know that he can
do more for rs during his next term than
any other person who could he named,
and we hope the Republicans of the en-