The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-02-06
CERTIFICATE NOT VALID
Judge Edwards So Decides In Nine
teenth Ward Case.
CAUCUS NOT A REGULAR ONE
There Was No Gail Issued for 1t and II
Was Not in Al, Sense . Cuucus
Of the Reps biicans Of the
Nineteenth Ward.

In the exception filed by Edwin
Frable, Democratic candidate for Sc
lect councilman in the Nineteenth ward.
against the certificate of nomination of
Joseph =. Kramer nominated by the
Republicans of the ward for the same
Office, a hearing took place yesterday
morning before Judge Edwards, and in
the afternoon an opinion was handed
down decreeing that Mr.. kramer was
not regularly nominated and Is not en-
titled to a place in the Republican
column on the official ballot.
This leaves the Republicans in po-
sition simply to vote for Mr.. Kramer in
another column. He has filed nomi-
nation papers and will come before the
voters in that way. At the hearing
yesterday the petitioner was represent
ed by Attorney c. c. Donovan and Mr..
Kramer by Attorney A. j. Colborn. jr
The opinion of Judge Edwards Is as
follows:
The contest In this case Is over the
right Of Joseph p. Kramer to have his
name on the official ballot as the regular
nominee OF the Republicans OF the Nine
teenth ward for the office of select coun-
Gilman.
A caucus of the Republicans of the
ward was called to meet on Jan. IL. The
eau was made by means of printed posters
put up In several places through the ward.
This call appears to be signed by the vigi.
lance committee of the four election dis
tricts. constituting the ward. This call
was made regularly and in accordance
with the rules OF the Republican party
governing such matters.
Two Resolutions Adopted. .
At this caucus nominations were made
Tor the offices OF assessor and constabl
As to the office of select councilman two
resolutions were passed-one endorsing
MIR. Frable, the Democratic nominee; the
other declaring that Notwithstanding the
endorsement. Mr.. Frable's name should
not go on the official ballot az Republican
nominee for the office in question. The
reason for this action OF the caucus was
that as between Mr. Frable and another
probable candidate. who II was said in.
tended to file nomination papers, the ma
tority of those attending the caucus pre-
ferred Mr.. Frable and therefore endorsed
him.
But whatever reasons may have existed
to induce this action i'm the caucus the
legal effect unQuestionably was failure
to nominate a candidate for the Office Of
select councilman. The action Of the eau
Gus is officially declared in tire certificate
Of nominations filed in the proper office
Jan. IL. According to this certificate the
only nominations made were for the Of
flee OF assessor and constable, leaving that
of select councilman vacant
Nothing further was done by the Repub-
licans Of the ward uptil Jan. 81. matters
remaining in statu quo. This date was
the last day for filing certificates of nomi-
that the candidate who intended filing
nomination papers had changed his mind
In this emergency Republicans agitated
the question of securing Republican
nominee for the office of select councilman.
Messengers were sent here and there and
from twenty to thirty Republican voters
met in hall during the afternoon OF the
2lst and nominated Joseph r. Kramer for
the said office. The same day a certificate
of nomination was filed in the commits
sioners' Office. 1t IL the validity Of this
certificate that Is now called In question.
Certificate Cannot stand.
It needs no argument to convince us
that this certificate cannot stand. The
calling Of the voters together their action
In the hall and the filing of the certificate
were all done within the compass Of a few
hours. The meeting of the voters was not
In any sense of the word a caucus of the
Republicans of the Nineteenth ward. It
was not called by anybody; there was no
notice to anybody. and 1t was attended by
only few Of the voters. The certificate
and the proceedings II represents are alb
solutely without vitality in law or fact.
For these reasons We adjudge the GER
tiflcate Of nomination for the offices Of se-
lect councilman and other offices Of the
Nineteenth ward of Scranton, filed JAN q,
1896 to be wholly void