The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1894-09-11
MR.. SEVERN
MUST LEAVE
Judge PerShing So Decides in the
Quo WarrantO.
APPEAL WILL BE TAKEN !
An Important Rule Affecting the Trans
fer Of Liquor LicenseS-It Will Stay
Some of the Bartering.
Special HERALD correspondent ce.

Special HERALD correspondence.
PoTTsvGLLE Sept. 1O.-Judge Pershing
has rendered decision against Mr. B. r.
Severn, who declines to vacate the office
of Controller of Schuylkill county. His
Honor says Mr.. Severn must go and as
this is the third decision to that effect,
one being from the Supreme Court, there
seems to be nothing left for the ex-Con-
troller to do but pick up his tent and
steal away yet he is still undaunted and
declares he will appeal to the Supreme
Court.
The fight Mr. Severn is making has be-
come so complicated that few laymen,
other than those directly interested and
who have closely followed the proceedings,
understand what bearing Judge PERISH
ing's decision has and Just what Mr.. Sew
ern's position Is. In view of this l have
attempted to state the situation as clearly
and concisely as possible so that the HER
AID readers may understand it.
The first proceeding was instituted to
test the right of Thomas E. Samuels,
Emanuel Jenkyn and John r. Doyle to
act as County Auditors, it being claimed
that the Act which created the County
Controllership abolished the Auditor
ships. To test the question Attorney
proceedings and, while Judge Weidman
of the county court decided in favor of
the Controller, the Supreme Court held
that on account of defect in the title the
Act creating the Controllership was un-
constitutional.
Notwithstanding this decision Mr..
Severn declined to surrender and asserted
his right to exercise the duties of Con-
troller, whereupon he was made defend
ant in proceeding to show by what
authority he claimed that right. 1t was
on this proceeding that the case was be-
fore Judge Pershing for argument on the
3rd inst. and was to-day decided by his
Honor.
The argument made by Mr.. Severn's
counsel was so sweeping and exhaustive
and the opinion rendered by Judge PERISH
| ing seems to so thoroughly cover and care
| fully weigh all the points made that, in
| the opinion of many of the leading
members of the bar here, Mr.. Severn has
/ no hope. Still the counsel for the latter
gentleman will try to show the Supreme
Court that Judge Pershing has erred in
his construction of the law as presented.
The main point made in behalf of Mr.
Severn was that an entire Act of As
sembly is not necessarily unconstitutional
| because the title fails to give notice of
some particular matter contained therein:
| that the portion of the title which gives
notice should be sustained.
Judge Pershing's decision is brief and to
| the point. He says: ut cannot be con-
tended that this court has the power to
| either shake out the words in place of
| County Auditor in the first section of the
act, or to treat them as surplusage. That
would be judiciOus legislation. Nor do
we think for a moment that the Supreme
| Court was misled. When it declares the
entire Act of June S, 1898, is unconstitu-
| tional it means what it says, viz: that
| there is no portion of it capable of enforce
| menb when tested by the constitution. As
| the defendant here can claim nothing
under void statute his defense must
| fail.
"And now, September 10, 1894, Judgment
/ for the Commonwealth on the demurrer,
and it is hereby ordered and directed that
| the defendant, B. r.. Severn, be ousted
| from the office of Controller of Schuylkill
| county which he claims the right to hold;
| and further, that he be enjoined from the
use OF. exercise of any and all powers,
| franchises, rights and privileges Of such
oflice-and that the Commonwealth re-
| cover her costs from the defendant
| Some agitation has been caused by a
new rule applying to applications for
| liquor licenses directed to be filed by Judge
| Pershing to-day. The object of the rule
/ is to prevent the bartering in licenses
which has become so general among peo-
pie who have been using the licenses tC
make sales of their properties, irrespective
of the responsibility of the purchasers.
The new rule is; All petitions for the
| transfer of licenses to sell liquor shall be
| filed in the office of the Clerk of the Court
| at least two weeks before the time, which
must be stated therein, when the same
shall be presented to the court. The
! Clerk Of the Court shall advertise a
notice of said petition once a week for
two successive weeks in the same news
papers in which the applications foI
| licenses are directed to be published: the
cost of such advertising to be paid for by
| the applicant for the transfer of license
An exception may be made as TO the re
| quirements of notice aud publication in
the case of petition for a transfer by the
| widow children or personal represents
| tive of deceased licensees.
When a license is granted to sell liquor
! in a house or place not before occupied for
| that purpose or when the house to which
! a license may be granted has not been
/ used or occupied as a place for the sale OF
| liquors for one year or more prior to such
\ grant, no petition for the transfer of such
| license will be entertained until the eX-
! piration of one year from the date of the
original license. An exception may be
made in the case of the decease of the
| licensee during the year. Adopted Sep
tember 10, 1894