The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-01-29
Two OPINIONS ARE FILED
Views Of Judges Regarding Twentieth
Ward Middle Set Forth.
JUDGE EDWARDS DISSEENTS
lie Docs Not Agree with the Conclusions
OF Judges Archibald aud Gun.
ster-HOth Opinions Are
Given In Full.

Opinions We're handed down yester-
day by Judge r. w. Archibald and
Judge II. NJ. Edwards in the matter of
exceptions to the certificates of nomi-
nation filed by two sets of Twentieth
ward Democratic candidates. The mat
ter was disposed of on Monday by the
court and yesterday Judge Archibald
handed down his opinion which is con-
Cured in by Judge Gunster giving the
reasons why they believe both certifi-
Gates of nomination are invalid.
Judge Edwards could not endorse
the conclusions of his brother judges
and filed dissenting opinion in which
he lucidly sets forth his views concern
ing the matter. The opinion of the
court filed by Judge Archibald is as fol-
lows:
This was not primary election. but 4
ward convention or caucus held by the
voters en- masse, at which each one cast
MS vote for the candidates direct The
act of June -. 1881 CP. l.. l2s) resulat-
ing primary elections does not therefore
apply compare cOmth, vs.. Rdgeway Is
Phiia. Old and 1t Is immaterial whether
tne election board were sworn or not, or
did or did not subscribe TO an oath. Now
beginning AS a Democratic caucus. have
any rules been shown us to regulate its
conduct, although In that view the call
by the city committeeman of the ward
under authority from the city party Or
ganization would seem TO be regular. The
mere circumstance also that the polls
were not opened at the exact place des-
ignated. would not seriously affect the
proceedings. BY the common consent
n.h hAn hA all fNv, a
was organized, a room In the front OF the
hotel was used Instead of the hail In the
rear. The two places were in such close
proximity that no one coming to the polls
would be likely, so long as but one of them
was occupied, to be at all mislead. Later
on with both caucuses running, it might
be different.
Were this all there were to the case.
there would be no difficulty in disposing
of 1t. Notwithstanding the fact that
the call by the ward committeeman.
did not designate it as a Democratic
caucus, II it was actually and honestly
understood and carried on as such, the
nominations would be entitled to stand
as they are certified. But this far from
represents the result. Soon after the vot-
ing began, well known members of the
Republican party presented themselves
at the window to vote, and a discussion
was hau pe'"eeh '"e ,ieHipeis VI ,it @ e's'
.,oiI poulu a"oul aIo"nis ~. W. =, w.
.me"i 'aso'ro e a"' wv VIZ .1.," M. ~,
argument was then advanced that 1t was
not Il Democratic but a citizens caucus,
and that If any one would swear to sup
port the nominees, he was entitled to vote
80, q. ~. m,, se.is ~ - s.,p, a, ', u
.se W ~. ,'s,,,''',, ~ 1.e 80. ,.;'e, Si :"
O nc Pi,, i"''I' s .'."ous" ps ao.
via. VIA pev"'a, a;,, oons, "J.'on '..,,n nno,n
VIZ W. q, oii'e ,e.e,eu m',nout nnaI'e"oe'
Mn',e ,,'', t"ose vi supposeu nepuoi!Sa' pr
I'' no :, wv W. anS uua' ~. ~ t"N1 '"e Ua."
n.,,i ,a' .S 80.
~. 'su 80, u''uc' , uuspisss , i.o.'
,,, 'o "o..' vi ooe ~ su.n .'" 80.
me very pas,s Vi ."e au"I'ssioh VI 'hese
.o.e.S WI was ,,,,I ,ma. was semeai rau
.us VI aa ... .., any nv, ."ose y, a"y
Pa' pa. anu ny '""e uo.'c' ~
nus nus, s."nu. neeuH nv az q ~ u,,'en. io' .ne
ron,,on ia one be,d h,, ,hos. who helieve in
or adhere to the PRINCIPLES OF that party,
lust as a Republican or Prohibition con-
yention ia one held nv those who respect-
lively advocate Republicanism and prohi-
bition.
M, , Dor,~ xon;u.,,,r.
II Renuh,ican vo,ers are rmn into n
Democratic carcus or Democrats into n
Republicon n nomina,ion 90 serured is
moi n Marty nomina tion and ha. no ,iybt
IN he nalmed off as sucb no sanction
n wouId ha to nermit of a fraud ,,non Tho
se,f.resncct,np members or hotb nar r,ies
wbo are ahova such .ot,on. IF yo.ars
mav aoa, In numbers suited to tb. ocea-
sion from ona caucue 70 another wa sb.lI
have Tho wors, aIsmsnts ~ ho,h nar,ies
direc,ing and controiiinr tho nom,no,ions
of each and tbe sooner this is recognized
Tho batter ,rha nI.ir nhtert In ,ha rec
~ sncb means 60 70 sscurs at aii hazard.
the intlnenca ana advantays of tho narty
ory,niyation tha as.i. os tha no r,, name
Rnt n ths ,cnn,sition NJ this nr,viIeye
hon.a,.r u,u,orra,,,h,y oh,oina1 Il, 10
,,a,';,, Iii" .,ann,,nn !. ,i,,,,,i, ,,,,,s a
nr.,;,,m ~ ,,nnn Si.bons.,v ana fraud Sucb
,,,sn,,arading ,na.r ,ha n.,tv collars
n',aht ,n as with no nna c.rto;n,v nat
rvi,h tho court. astah,isbed IN soc that
;,,,,;oo /, odrn,n,starad
.
"Pee'"e"so' r'aue
The throwing down or party disuhc-
tions In the present instance. produced
It's natural result. Not only We're Re-
publicans admitted, but little II any re-
siraint was In the end put upon anybody.
Mr. GIBBONS, one OF the clerks, testl1es
that after night closed III, no attempt
was made 70 ldehtily those VINO appeared
AT the window but their votes were taken
in. without knowing whether they were
residents of the ward. or citizens or what
not. and at times they were received so
fast that he could not write down their
names. One man Is proved to have voted
three times. and another man twice. How
many more indulged In these nigh politics,
We do not know. 10 iet inns pass as
Democratic caucus would be libel on
the party.
1t is said. however, that not enough
votes of this kind are shown. to affect the
result; but that Is not to the point, nor is
it even so. 1t is conceded that sixty-fve
of seventy Republicans voted. but it Is
claimed that there were twice that num-
Der and list of 1sO was In fact produced
before us. The truth Is that 'he way
things were conducted, no one cah say
JISt HoN many 'heiS "ete' Th''' .i'" '''.A"