The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1897-09-01
CONTESTED ELECTION CASE HEARD
:" Fakirs" Appear Before Judge Barker for
the Purpose of 0verthrowing the Ger
tifcate Of Nomination of Manas-
ses Shoemaker and Ephrsim
Coleman
PROMISED sTARTL ING DISCLOSURES
DESTROYED BY TRUTH.

Tho objections fled by Adam 5. Miller
and John III. Shafier TO the certificate of
nomination filed by the Republican
County Committee, declaring Manassas
Shoemaker TO be the duly and properly
nominated candidate of the party for the
Office of Director of tho Poor and
Ephraim Coleman for the Office of Jury
Commissioner, and the objections filed
Icy Messrs. Shoemaker and Coleman to
the certificate filed 10y tho "fake" candi-
dates for the same positions. were aired
before Judge Barker on Friday aud Sat
urday.
Miller and Shaiier were represented 10y
koontz Il Ogle, kooser X Kooser and ].
a. Berkey, Esqs, and it was manifest to
all of the few persons who listened 10 the
long drawn out proceedings that they
were the parties principally interested in
the ease from a political as well rs a pro-
fcssionsl standpoint.
Shoemaker and Coleman were repre-
sented by A. c. Holbert, Colborn Il Col
born, Edward Il. and George Il. Scull,
EsqS. As il well known the conduct of
the clse was entrusted to Mr.. Holbert,
who conducted it with great skill, and af-
forwards presented the legal aspects of
tho matter at issue to the Court in an un-
| answerable argument and with remarka-
| BILE clearness and force.
II is TO be regretted that every Repnb-
lican in the county, especially those who
were misiesd by the gang of disorganiz-
ers in Somerset to participate in the
fake primary, could not have been
present and witnessed the remarkable
action of counsel for the fake" candi-
dates in shifting their position from that
held before and Immediately after the
fake primary. Lightning change ar
lists have posed in 'public for loi these
many years before the Combine Circus"
20,h, but all hitherto unparalleled feats
were discounted 10y those executed be-
fore the Court last week.
As an illustration, every Republican
voter in the county remembers with what
audacity and vehemence the fake"
leaders declared primary election
would be held without the consent of the
Chairman how their organ Historically
proclaimed in glsring headlines that a
primary would be held, and how bogus
call signed by number of committee
men finally appeared in it stating that
primary would be held, and that tickets
would be forwarded to all of the election
districts. When the matter got into court
eminent counsel had the effrontry 10
take the position that the fake" prima-
ry was held in response to call issued
by Chairman Berkeley and was therefore
legal. 1t is a matter of grave doubt
whether the counsel who argued so earn
estly before the Court really believed
what they said, or if they did, how will
they explain their conduct before the
fake primary to the public?
An effort was made To prove by num-
ber of witnesses, all of whom were can
didates at the fake primary, that they
had not been notified by Chairman Berk-
ley that he proposed levying an assess
ment upon them for proportionate shares
| of the expense to he incurred in holding
primary election, while on the other
hand Chairman Berkley declared posi-
lively that he had notified every man
who desired to announce as a candidate
that he would prepare statement of the
| probable deficit and would submit it for
their inspection on Saturday, June 5th,
the last day on which announcements
could be received. Mr.. Berkley's decls-
rations were eorroborsted by the testimo-
nv of Josiah Swank, and by receipts Civ
en- to David Cover and /. J. Baer.
Chairman Berkeley was subjected to an
examination extending throughout two
or three hours and all of his answers
were clear and positive.
Ex-Chairmen Keller, Scott and Bic
seeker testified that assessments had
been levied in previous years, and James
l.. Pugh, Esq, averred that he had paid
an assessment or Sl0O for the purpose of
helping TO defray the expenseOf conduct
| ing primary in lSSS, as did others in
other years.
| J. A. Berkey, Chairman of the flake"
| county committee, testified that he had
caused the names of the fifteen candi-
dates TO be announced in the columns of
the flake" organ, that he had had
fake" tickets printed and distributed
on his own authority.
All Of the testimony was in when court
| adjourned at noon Saturday. At the af-
| ternoon session +. J. Kooser argued in
behalf of the "fakirs" for a period of
thirty minutes. The gist of his argument
was that Chairman Berkeley had acted in
an arbitrary manner, had labored to de-
! ceive candidates who were anxious to an
nounce, and had finally been forced to
call primary election, which he had no
power to cancel.
| Mr.. Holbert. followed for his clients,
submitting number of points and quot
| ing authorities 10 sustain them. He laid
| particular stress upon rule l3. which en-
powers the Chairman TO assess candi-
dates for nomination, and upon the rule
requiring the tickets and blanks to be
/ furnished by the Chairman, and the adj
/ ditional rule which requires returns to be
made to the Chairman, as well as several
others.
Hon. A. J. COlborn made a telling ar
| gument i'm behalf of sustaining the certif-
icates Of Messrs. Shoemaker and Cole
man, and paid his respects to the leaders
of the "fake'' primary who for the past
twenty years have been engaged ia sow
ing discord in the ranks of the Republi-
can party.
Edward b. Senll argued that the RENE
dy of the ''fakirs'' before they Sc, up an
| organization for themselves was in court,
where a mandamus could have been Sc
cured compelling the Chairman TO an
nounce the names of the fake candi-
dates and place their names upon the
tickets providing they had complied
with the party rules. He also argued in
behalf of rule I3 and insisted that because
the rule had not been called into requisi-
ton and enforced in other years was no
reason why il should not be sustained
aud enforced ut this time. He also took
| the view that the certificate of Shoemak-
er and Coleman was regular and in con-
| formity with the act of Assembly en-
powering the officers of political parties
to certify nominations where there are no
opposing candidates.
The argument in behalf of Messrs-
Shoemaker and Coleman was closed 10y
l.. c. CJlb)rn, Esq, who presented the
rules governing the Republican party in
he ligh: of the Interpretation placed up
on them by Chairman Berkeley and upon
which his clients hope to have their GER
tilicate of nomination sustained.
w. II. Koontz made the closing adj