The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1896-02-05
WANTS TO BE SQUIRE.
E. II. Werner Contests the Nomination of
Noah Casebeer.

L. ii. Werner. who was deie Ited by
| Noah Casebeer, Esq, for the nomination
| for the Office of Justice of the Peace at the
recent borough Republican primary elec-
ton, is contesting Mr.. Casebeer's right to
have his name printed upon the official
| ballots. In his notice of contest Mr..
Werner alleges that twelve or fifteen vot-
ers were disqualified from exercising the
right of franchise by reason of non-pay-
ment of taxes, aud east their ballots
for his opponent.
This is the first time a case involving
the question stated above has been raised
in Somerset county, if not in Pennsylva-
MIA, and it has therefore excited more or
less interest. Additional interest attach
es to the contest for the further reason
that the proceedings are being heard
before Associate Judge Horner.
At hearing held before Judge Horner
Friday afternoon it was admitted by
counsel for the contestant that the GER
tificate of nomination was in proper form,
whereupon counsel for the contestee ar
gued that the case was at end for the
reason that the sitting member of the
court had no jurisdiction to inquire fur
ther. Judge Horner finally adjourned the
hearing until Monday evening, at which
time the attorneys employed by the con-
testant and contestec were directed 10 be
prepared to cite their authorities.
Al the reconvened hearing Monday
evening, Valentine Hay, Esq, and Hon.
4. J. Colbori, counsel for Sir. Casebeer,
argued that the act of assembly, known
- the Baker ballot law, never contem-
plated that an Associate Judge, presumed
to be unlearned in law, should sit to de-
eide legal questions raised under that act.
IL waS also contended that the act of
assembly establishing the qualifications
OF voters does not apply to primary cleo
tions held in accordance with party rules,
and that the contestant in this case has
his remedy in the party to which he
claims to belong.
w. ii. Ruppel, Esq, counsel for Mr..
Werner, took the position that the laws
governing regular elections apply with
equal force to primary elections.
Counsel on opposite sides cited numer-
Gus authorities, all of which were care
iully noted by His Honor, who decided
to hold the matter under adyisement un-
til Wednesday evening before giving an
opinion.
Yesterday morning Judge Horner
packed MS grip and took the first east
bound train. Il is reported that his des-
.ination i Bedford and that he will lay
the matter before Judge Longenecker.
In Casebeer's reply to Werner's alle2a-
tions it was alleged that at least four of
the voters challenged by the latter as
being Illegal, cast their votes for Werner,
while as many more did not vote at the
election named.
The rules governing the Republican
party in Somerset county do not cOntem-
plate their application to borough and
township primary elections, but in ease
of their application the sole qualification
of the voter is that he be of legal age and
that he voted tho Republican ticket at
the last preceding general election.
Mr.. Werner has taken himself entirely
outside of the party lines and his action
is freely criticised in private by many of
those who claim To have voted for him.
Justices of the Peace and Constables
coming to the February court will find
that at
Fishers Book Store
they can get such legal blanks, including
Marriage certificates, &c, as they may
require, Binn's Justice, McKinney's
Justice, Dunlap's Book of Forms, Penn
sylvania Digests, Constable's Guides,
Dockets. Legal, Fools Cap and Letter
papers. large official Envelopes, Foun-
tain Pens and all other goods in the line
of stationery that they may require.
CHAs. III. FISHER.