The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-10-13

ready declared by this court in the Foley
case TO be invalid
That case, according 20 the memoran-
DUN which l have on my argument book,
was argued before the court, not before
any less than the whole number 1t was
decided contemporaneously with the con-
tested nomination OF Mr.. Ward, also aris-
ing as the Foley case did in Lackawanna
township, l was assigned to and did write
the opinion in the Ward case, and Judge
Edwards wrote the opinion in the Foley
case, and / fully coincided with him in the
opinion which he wrote, and how far we
went in that case / will simply call atten-
tion to as expressed by him in that opin-
ion.
FLAGRANT AND SHAMELESS.
1 read from a paragraph in that opin-
ion: "The evidence taken in this case dis
closes n fragrant, shameless and total dis
regard of all election laws. Witness after
witness came upon the stand declaring
that they had voted at the caucus in the
Southwest district at the solicitation of
one person or anoher, and that they were
no citizens or did not reside in the dis
trict, or had not paid any taxes, or were
under age. The votes of boys were re-
Ceived without objection, and the votes
of persons who were not citizens of the
United States were invited and freely re-
ceived. Any person walking along the
street at the time of the caucus was LA
BILE to be captured by those interested
in the result of the caucus, marched up
to the polls a ticket placed in his hand,
and the vote received without any ques-
tion.
A sufficient number of crimes against
the election laws has been proven to keep
our courts busy for a whole term and to
add greatly to the census of our jail or
penitentiary. Caucuses and primaries held
with such utter disregard of all law
should receive the severest condemnation
from courts and all law-abiding citizens.
An election held according to such meth
DDS degenerates into a farce and crime,
and the claim of any person to an office
from such a tainted source should be dis
allowed"
This receives my hearty approval; it
did at the time, and my opinion has not
varied. 1t was the declaration apparent
ly of the court with regard to how far the
violation of the election laws of this
commonwealth were sufficient to invali-
date a nomination. The same principle
is found constantly applied where a mat
ter is declared to be crime: anything
done in the face of such a law the law
declares to be invalid.
1t would be utterly absurd If q law
! could be violated in that way and the
oGfense punished as a crime and yet the
| act stand. That also was enforced in a
| contested CltCllOn III lne CuSlCk CdStS IL
| was enforced recently in an election con-
test arising in the borough of Dickson;
| that the obtaining of a nomination by
| means of bribery is an offense against
| our law | hardly need to affirm. The con-
| stitution makes it not only an offense to
obtain an election by bribery, but by
| nomination also, and the result is the dis
| qualification of the party who obtains it
| in that way. This is enforced by other
| ct a tat tiIta
cannot see how in the face of this we can
| refuse an examination into that question
| upon a matter such as this is.
| AS / say We already have done it Ve2y
| clearly and upon the same grounds on
| which we now refuse to entertain this pc
| ttion. | might say further that this ques.
| tion of jurisdiction or the want of it was
| not raised in the argument yesterday. The
only question then was as to the suiil'
cheney of the specifications of the petition
| but of course of we are to meet this ques-
tiOn it is we'll to dispose of it at the out.
| start. At the same time ii is something
| that was not in the argument as it was
| made yesterday. 1t Is as specific as any
| petition for the contest of an election
| that has ever been filed in this court anG
certainly that which is sufficient to con.
| test an election is sufficient to contest g
| nomination, and the seventh aud eightf
paragraphs of this specifically charge thai
! the nomination which is contested in thi.
| case was obtained by means of the cor
| ruption and bribery of a sufficient number
| of delegates to secure the nomination. II
a bill of particulars was applied for
would be entirely willing to grant 1t, bu
I cannot see the legality of the action Of
the court. 1t seems to me it is contrary
| to all the ideas of the law that have beer
| impressed upon me and contrary to oul
own rulings which I now conceive to bt
practically reversed. l therefore direc
my dissent from the action of the cour
| to be noted
Mr.. Patterson, counsel for Mr.. Wat
son, excepted to the action of the court
and asks that a bill be sealed. Judg,
Gunster directed that an exception b.
| nntnl