The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-04-13

onehahuoah ana MananOy City in the spring
Of 1895 were Illegal which will require
Messrs Coyle and Jones, Of the latter place.
and Lawior and Cardin, Of this place, to
abdcate the positions they have claimed
under the said elections and commissions for
five years issued under the returns 10y
Governor Hastings
OPINION OF THE coURr
Chief Justice sterrett read the opinion in
the case Of Martin j. LawlOr, Of Shenandoah.
In passing upon the question Chief Justice
Sterrett amOug other things, says
There is no authority in the election law.
or elsewhere, for thus voting for "A person 10
fill an office, the name or title Of which is
not designated on the official ballot prepared
for the use Of official voters 1t is the duty
OF those specially charged with the preparyi-
ton and distribution Of the official ballots TO
see that the name or title of every office. to
be filed at the forthcoming election is dis
tinctly designated thereon as the election law
specifically requires. The obvious reason
why the Office of Borough Justice of the
Peace was not so designated on the ballot
prepared for the use of voters at the election
in question, is because no such officer was
authorized to be chosen at that time as the
court below directly held If it had heen
otherwise, the title of the office would have
been properly designated IN each column of
the official ballot, and if appellants name ms
etc, did not appear on the ballot those
desiring to vote for him could DO So by insert
ing his name Ia the blank or right hand
corner Immediately under the designation of
said office. As was said in MCGOWAN Appeal
100 ia. 255 The only prescribed mode of
voting for persons whose names are not
already on the ballot, is by inserting their
names in the blank spaces prepared therefor
III the right-hand column Of the official
ballot. 1t is the name only that is to be thus
inserted, not the title of the office to be filled
The latter is already printed there and
constitutes part Of the ballot prepared for the
use Of voters, etc.
In that case the respective titles of all
the offices to be filed, or that were voted for.
were properly designated on the official bal
lot, but some electors conceived the idea of
amending the official ballot by preparing a
right-hand column of their own containing
titles of the respective Offices to be filled and
the names Of candidates for each and pasted
the same over the right-hand column of the
official ballot thus substituting for the latter
the ticket or column prepared by themselves
IL was there held that, To permit the voter
to procure from outside parties slip ticket
or sticker, corresponding in size with said
column and paste the same over the printed
matter, as well as the blank spaces thereon,
would be contrary to the letter as well as the
spirit of the act 1t would be equally con-
trary to both, to sanction what was done in
this case. The direction of the act, as to
what the voter shall do and how it shall be
done, are plain, explicit, and mandatory.
No substantial departure from those diree-
tons can ever be safely recognized as their
legal equivalent.
There appears to be no error in the decree.
and it is therefore affirmed with costs to be
paid by appellant"
The Justices against whom the decisions
are rendered continue to transact business
under their commissions and will have a
right to do so until Judgment of custer is
entered against them. Steps in that direc-
ton will be taken by the prosecution next
Monday
So far as Messrs. Lawlor, Cardin, Coyle and
Jones are concerned the long drawn out lti-
cation over the standing of the Justices of
the Peace in Shenandoah and Mahanoy City
seems to be at an end The granting of a
judgment of custer against them is accepted
as "a foregone conclusion. But other COM
plications are to follow, and it is difficult at
this time to say when the two boroughs viii
have Justices of the Peace who will be able
to occupy their seats with full confidence of
uudisputed possession.
1t will be remembered that the parties
against whom the Supreme Court has lust de-
cided claimed election by virtue of a few
votes cast in each ward of their respective
boroughs and secured commissions for five
years upon the returns Of the so-called cleo
ton. They then proceeded to oust the old
Justices who held office in the two boronghs
and after ight through the Daupbin county
court, followed by an appeal to the Supreme
Court, Messrs. Toomey, Shoemaker, Dengler,
Williams, Walker and Bailey, Of town.
and the old Justices in Mahanoy City
were obliged to do what the illegally elected
Borough Justices are about to be required to
-abdicate Meanwhile the old Justices
got together and, through their counsel A.
W Schalck and George J Wadlnger. Esqs.
contested the legality of the elections of
their successors. Judge Pershing, of the
Pottsyille court sustained them SO great
was the confidence that the Supreme Court
would sustain Judge Pershing, that at the
last spring election candidates for Borough
Justices of the Peace were nominated aud
elected, ex-Justices Toomey and Shoemaker
being the successful candidates in this town.
The question now is whether they will receive
commissions after tho clusters are ordered
1t is claimed by them that when Judge
Pershing decided that the Borough Justices
were illegally elected vacancies were created.
1t is understood that ex-Justices Williams
/ anu AfNAAtaiNA VIII oN1h appointments uuLl
the next spring election, claiming that no
vacancies existed when the last elections
were made
In conversation with a HERALD reporter
to-day A. W schalck, ESD, said: 81 don't
know whether it is safe to say that there
will be no future complications. 1t is this
way. The court below, having decided the
elections Illegal, declined to issue writ OF
custer until the Supreme Court would affirm
the decision Next Monday Mr.. Wadlingei
and myself will ask for writs Of custer and
and there will then be vacancies Ia
/ fill. OF course, In the spring BIessrs
Shoemaker and Toomey were elected
Justices aud they viii claim their
commissions for the fun term of five years
The question will be raised as TO whether, OF
not, vacancies existed at the time Of the
elections and whether or not, their elec
tions were illegal, or valid. If they are sus
tained, of course commissions viii be issued
TO them If they are not sustained, the
Governor will appoint Justices for one year
or until the next spring election"
Wax Designs in Flowers.