Sullivan republican. [volume] (Laporte, Pa.) 1883-1896, 1895-12-20
Contest Court.

our judgeship is concerned, on
Thursday last. Following is their
finding and an order to our commits
sioners. The result, so far, is very
satisfactory to our people.
In re. Contested election of e.
M. Durham. No. SO December term
1895.
And now December 12, 1895, after
having heard and duly considered
the evidence and the arguments of
counsel, we find that at the general
election held in the counties of Wy
oming and Sullivan, composing the
44th judicial district, on the 9th day
of November, A. d. 1894, 1905 votes
were cast for the Respondent, E. NJ.
Dunham, for the office of President
Judge of the said district, according
to the corrected count of the same,
and 3l7S votes for John A. Sittser
for the same Office, but we further
find that large number OF said
votes, to wit, to the number of 525
were cast by persons WHO were not
qualified to vote at said election by
reason of non payment of taxes,
alienage, non-residence, not being
registered, and iling no affidavit or
not sufficient affidavit before being
admitted to vote, and otherwise, a
schedule Of such persons showing
the districts in which they voted
the causes of their disqualification,
and the number Of their respective
ballots having been heretofore filed.
And upon the examination of the
said ballots so illegally cast, we find
that 199 were cast for the said e. nj.
Durham, that 314 were cast for the
said John A. Sittser, and that II
were blank or defective.
We also further find that all the
votes cast in the First Ward Of Tnnk-
hammock borough, in said Wyoming
county, must be rejected for the
reasons set forth in the allowance of
the motion to that effect made by
the Respondent, Sc of which, after
deducting the votes of disqualified
voters, were cast for the said +. Nj.
Dunham, and 81 tor the said John
A. Sittser, The results thereupon
reached is as follows:
Votes cast for Il. NJ. Durham,
according to corrected count, 3205;
deduct illegal votes cast for same,
1913; deduct votes cast for same
in First Ward of Tunkhannock sc;
total votes legally cast for said e. M.
Dunham, $3.50.
Votes cast for John A. Sittser,
3lTS; deduct illegal votes cast for
same, 3l4; deduct votes cast for
same in First Ward of Tunkhannock
81: total votes legally cast for said
John A. Sittscr, 2773.
Majority of votes cast in favor Of
said E. Nj. Dunham, III.
We thereupon adjudge and declare
that the said Z. M. Durham receiv>
ed for the office of President Judge
of the said 44th judicial district, a
majority of the legal votes given at
the said election for the said office,
and was duly elected thereto,
The question of the disposition of
the costs is reserved for future order.
BY the Court.
In re. Contested Election of e.
NJ. Durham. In Com. Pleas of Sui
livan county. No. SO Dec. 7. 1894.
Let rule be entered on the coun-
ty commissioners Of Wyoming and
Sullivan counties to show cause why
it shall not be adjudged that the
complaint in this case was not with
out probable cause and why the
costs shall not thereupon be duly
apportioned between and paid by
the said counties. Returnable Dec.
9th next at o'clock a. m. in open
court, certified copy of the said
rule to be forthwith served by the
sheriff of Wyoming county upon the
commissioners of said county and
a like copy to be served by the sher-
iff of Sullivan county upon the COM
missioners of the same.
r. w, ARCHIBALD, Pres. Judge.
D. w. SEARLE, Pres. Judge.
Our many readers will notice by
the above order Of the court that
Friday Dec. ~ is the date fixed by
said tribunal for the final reckoning
and the disposing of the costs made
in this case. The session held on
Thursday last was interesting. AS
was announced in the REPUBLICAN