The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1896-02-21
WILL PUSH THEIR CLAIMS.
Justices Cardln and LawlOr'S Mortgage
on the Borough.
SOME SAY IT'S OF NO VALUE
one Local Case Cited in Which the secre-
tary of state Declined to Issue Borough
Commissions to Justices Who
Were Similarly Elected

Upon verbal notice served by Justice j. j.
Cardin, James McElhenny, NJ. II. Kchler
and Jeffrey Williams, Judges of Election in
the Second. Third and Fifth wards, respec-
lively, met in the Council Chamber at o
o'clock this morning to compile the votes
cast at the election on Tuesday and issue
certificates of election of borough candidates.
James j. Powell and Martin Mullahy,
Judges of the Fourth and First wards re-
spectively did not attend.
Justice Cardin was on hand with his coun-
sci, John Whalen, Esq, and asked for certifi-
Gates of the election for himself and
Justice VI. J. Lawlor as Justices of the Peace
of the borough. Mr. Keller bluntly refused
to give such certificate. He said he had
made return to the Prothonotary of all
the votes cast in the Third ward, including
those cast for Cardin and Lawlor, but would
not give certificate that those two gentle
men had been elected, because they had not
been regularly proclaimed candidates and
knew nothing of them except that they
received Il few votes. Mr.. Keller also
stated that he was not aware that such an
office existed Mr.. Whalen's persuasive
powers failed to change Mr.. Kehler's deter
mination.
MIR. Cardin complained that the judges in
the First and Fourth wards had refused to
count the votes cast for himself and Mr..
Lawlor in the wards.
Mr.. Whalen said it was his intention to
get certificate of the returns from the
Prothonotary's office and then apply to the
Secretary of State for commissions for
Messrs. Cardin and Lawlor
The matter has created quite q stir among
the other Justices now in office, but they
do not seem to be alarmed by it. it is
claimed that neither of the parties can take
the offices, even if the law is as stated in the
natter ia the first place the parties should
have been regularly nominated, or at least
the offices should have been incorporated in
the election proclamation OF the High Con-
stable. Second, both men are nuw Justices
| of the Peace and were ineligible ca.didates
! for the others.
! In addition to this it is alleged that in 1891
/ Justice Dengler and j. X. p. Scheiily ran for
| the same offices in like manner as Justices
Cardin and Lawlor. W. d. Seltzer, Esq.
representing Dengler, and j. II. Pomeroy,
/ ESQ, representing Scheitly, went to Harris
burg and applied for commissions for
| their clients rs Justices of the Peace
/ of the borough of Shenandoah but the Sec
retary of State declined to grant them. A
commission was granted to Dengler as Jus
tee of the Peace of the Second ward, how
ever, he having been candidate for the
Office ut the same election 1t is claimed that
the case is fully covered by the constitution
Of the state, which provides that two Jus
ticcs or aldermen may be elected in each
ward of borough.
1t is alleged that Senator j. j. Coyle is
responsible for the instgation Of the move
ment and that he caused a lawyer named
Olmstead, of Harrisburg, to prepare N
opinion ON the question. Olmstcad is sup
posed to be an authority on Interpretation,
of constitutions and it is said he has agreed
to champion the cause of Cardin ant
Lawlor ON the condition that he vii
claim no fees if he is not successful
But even this does not appear to strike terro
TO the hearts of those who would be affected
by success in the prosecution Of the claim
On the contrary, they point with some degre
of ridicule to the fact that Olmstead is tn
same constitutional lawyer who created
stir through the state last fall by decarin
that seven Judges of the Supreme Cour
could be voted and the people tiOundere
about in pool of doubt until the Suprem
Court decided that Olmstead was wrong am
only six Judges could be voted for