Sullivan republican. [volume] (Laporte, Pa.) 1883-1896, 1895-01-11
The Judg.hip Contest Case.

Archibald, and Searle, convened court
at Laporte on Thursday afternoon
last, to take further action on the
judicial contest case, in this the 44th
Judicial District. The attorneys
representing either side were pres
ent including Mr.. Parsons of WILL.
iamsport who has recently been re-
tanned by Judge Dunham. The case
was spiritly contested; both SIDES
were enthused and not stone was
left unturned that would be beneA
fetal to either side. 1t was lively
expounding of the law. Atty. ID. G.
Dewitt of Towanda, representing
the respondent, was the first speaker
He made the following motion:
In re: the matter of the In the court of
Contested Election of Com. Pleas of
L. NJ. Dunham. Sullivan county,
Number 80 December Term 1894.
MOTION TO QUAsH.
Now, January g. 1895, E. M. Durham
by his counsel moves to quash the proceed
ings in this case and assigns the reasons
following:
Q). There has been and is no vacancy
in the judiciary of the Comfy of Sullivan,
caused by death. resignation, nor other
wise that would give the Governor of the
State of Pennsylvania the constitutional
right to appoint judge or judges to pre-
side in the courts of said county.
(2). Honorable G. e. Rice, President
Judge of the County of Luzerne has not
been elected as judge in the County OF
Sullivan by the qualified electors of said
county, nor by the qualified electors of the
district of which Sullivan county forms a
part; Hon. r. w. Archibald, President
Judge of the County of Lackawanna has
not been elected a judge in the County of
Sullivan. by the qualified clec'or of which
judicial district Sullivan forms part; and
Hon. d. w. Searle, President Judge of the
County of Susquehanna has not been elect
judge for the County of Sullivan by the
Quailiieu titCtOlS VI ouiiiN'u, Ioi ny ehc
qualified electors of the judicial district of
which Sullivan county forms a part.
(3). Hon. Johu Yonkiu and Hon. N. J..
Phillips have been duly elected by the
qualified electors of said county, judges of
said county, daily commissioned as such
judges, their terms of office for which they
were elected have not expired, nor have
they been removed for any cause whatever
and are now duly qualified by law to sit in
all the courts of said county, armed by
their constitutional right so to do.
(D. Wyoming county is the most pop
ulous county of this judicial district and il
the Governor had the constitutional right
to convene this court, anywhere, it was in
Wyoming and not in Sullivan.
(5). Section of the Act of General
Assembly of the 10 of May A. D., 1874
under which this proceedirg was com
menced is unconstitutional, this court as
authorized by the constitution, has no pow
er nor jurisdiction and the whole proceed
ing should be quashed.
(6). The General Assembly can make
judicial districts provide for addition law
judges, but it requires The votes of qualifi
ed electors to make judges unless there be
a vacancy by death resignation, or other
wise. in which case the Governor may ap-
point, as provided by the constitution"
Mr., Dewitt made strong plea in
defence of his motion. lie was ask
ed many questions by the learned
Judges on the bench, but in every
instance had a ready answer to sus-
tain his motion. Mr.. Dewitt dwelt
and quoted quite extensively, Sec. 5,
6 and I of the Constitution, urging
that these sections did not permit of
this court presiding in the case; that
Associate Judges-Yonkin and Phil
lips with Il President Judge of either
Of the counties were the proper tri-
bunal to here the case. The speaker
said he had with much care, read the
Constitution from top to bottom and
was unable in a single instance to
find wherein this court was properly
convened by the Governor. With
Mr.. DeWitt's remarks over Attys
Little and Piatt for Judge Sttser
appeard before the court and argued
that in their opinions the Governor
and Atty. General had made no mis-
take and quoted Sec. II and Is Of
the Constitution 10 sustain their re-
marks. Either side were grasping
at straws, and they made the water
bubble for few minutes. With the
arguments over on this motion court
adjourned until Friday morning at
q. IN.
FRIDAY MORNING SESSION.
Court convened at 8 a. m, when
the Judges gave the following decis-
ion in the above mentioned motion
The reader will observe that the
three Judges were not of the same
opinion, regarding the matter. Here
are the words of the court:
Rv Drcr TuDcp. stTbo N, 10 of 4 ho