The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1895-02-20
xarki. Declared the Legal Nominee.

The hearing in the Milford township
contested election ease, statement Of
which was published i'm these columns
last week, was hal Friday evening, be-
fore President Judge Longcnecker. Asso-
ciate Judges Biesecker and lIorner also
being on the bench. The large crowd in
attendance at the hearing evidenced the
interest that was taken in the matter.
About one-third Of the voters of Milford
township We're present, all anxious TO
hear the decision of the Court in a matter
that they had discgsscd and argued
among themselves 10 the exclusion of al
most every other subject for days preced-
ing.
After disposing of several other matters
that were brought to his attention 10y d.
ferent members Of the Bar, Judge Long
checker announced that he was ready to
take up the election cases. Messrs.
hoCser Il kooser, koontz and Berkey.
attorneys for Geo. 4. kimmel, at cnce
filed objections to the Court taking cog
nizance of and hearing the question
raised by the objections for the reason
that the proceedings were begun before
Associate Judge Horner, at chambers,
and, therefore, the Court as now consti.
tuted has no jurisdiction In the matter.
IN other words, they made the remarlla-
ble request that President Judge Longe-
necker and Associate Judge Bieseckor
retire from the bench and Associate Judge
IIorneT be allowed to hear and decide the
matter before the Court. The novelty Of
this motion and the object in view were
50 apparent that its reading caused an al
most audible smile to pass over the coun-
tendnce of all who heard it, Judge Long
checker overruled the motion, likewise
the objections filed to Markle's certificate
OF nomination, and ordered the costs of
the proceedings to be paid by the peu-
toner, Geo. +. kimmel.
Among other things, Judge Longeneck-
er said that if only one OF the ballots east
for Markle had contained the two year
designation, and none of the ballots cast
for any of the other candidates designated
the term for which they were candidates.
Markle would be the legal nominee for
the two-year term. Ia deciding this the
Court simply applied the Law governing
general elections $50 well laid down in
the Meyersdale school contest few years
since) to primary elections. In this ease
Markle received 30 votes for school direct
or and Kimmel 81. There were two di-
rec;ors 10 be nominated for term of
three years and one for two years. All
III
the two year designation. Kimmel's
ballots did not designate for which term
he was a candidate; therefore Markle
was the only candidate voted for for the
two-year term.
In the matter Of the objections filed by
Markle In the ticket Of the Citizens Re
publican Party being printed on the Of
fetal ballots, the Court dismissed the pc
tition at the costs of the petitioner
The decision that Markle was the legal
nominee was very gratifying to him and
his friends, as ii sustained the position
taken 10y his attorneys. Messrs. Scott,
Riesecker and Sculi, and placed his name
regularly upon the Republican ticket. IL
was thought the decision OF the Court
would end the controversy and that Mr.
kimmel would withdraw his Citizens
Republican Party" ticket, but such was
not the case. The Citizens Republican
Party ticket, containing the name of Mr.
Kimmel and several others, was printed
on the official ballots and the contest was
carried on at the polls Tuesday, with
what result we have not yet learned.
Under the circumstances Markle's cleo
ton ought 90 be assured, a. the Re
publicans of Milford township are
not much given to boiling regular
nominations, although the fact that
the Democrats only nominated one
candidate for school director, thus
leaving the way open for an alliance
with the members of the Citizens Re
publican Party" places an element of
uncertainty as to the result Of the contest.