The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-11-12

!
The computing Of the vote went along
| through the morning session yesterday
! without any interruption from Cor
| nelius smith. but in the afternoon his
attorney. James Mahon was on hand
! with another petition. This time Mr.
Smith asks that Judge Gunster be- ac.
! credited only with the votes of the
| Democratic party. He SAYS that the
| Republican nomination was illegal and
| that Judge Gunster should therefore be
accredited only with the vote recorded
for him under the legal nomination.
Tho petition is in Mr.. Smiths own
handwriting and reads as follows
"To the honorable the judges of the said
court The petition of Cornelius Smith
respectfully represents that sometime IN
tht month of July, 1875. Fred ". Guuetcr
at his own solicitation and request re-
CeiNcd from the Democratic convention
The nomination for the office Cf additional
| law judge, tor the Forty-fifth judicial
district. which Is COmUOsCd of the county
of Lackawanna, III tn, state Of pcunsyl-
Nanic. which nomination was duly coyti-
ned to the secretary of the Common
wealth OF Pennsylvania, by reason OF
which the nam" of Fred ". GlmStor as
a candidate tor the said Office. appears IN
the Democratic column. ON tn" official
ballot and on the ballot voted in said
judicial district
y SECOND NOMINATION..
THAT aftcrward to wit: somctim" in
the month of August 1895 the said Fred
W. Gunstcr received from the RcmIbliran
convention the domination for tn" same
pi!Cc. which was duly certified 10 the
Secretary of the Commonwealth of Pcun-
SNlNania. BY reason uf which the name
of Fred w. Gunstcr appears i'm the Re-
publtCnn column on the SAID official bal
lot and on the said ballots voted i'm the
said judicial district.
THAT the petitioner is informed ana
believes that the right incident of the
Democratic nomination, tO wit. the right
of the said Fred w. Gunstcr to have his
nam" placed in the Democratic column "s
candidate for said Office. and ballot voted
in the said district, Immediately attached
10 the said democratic nomination That
IN" said right having once attached ana
not aitorward rejected by the said Fr'd
w. Gunstcr. exhausted and prCC ludcd any
and al right on the part of said Frrd ".
GunStcr to have his name as candidate
Tor SAID office anpelr i'm the Republican
column ON said official ballot and uIt the
said ballots voted in the said district
Ihat the petitioner is further informed
ana believes that a person cannot elect,
between 4 position that is lawful and a
position that is unlawful and Fred w.
Gunstcr cannot elect between III" Demo-
cratic column and the Republican col.
Umn.
Ahl lut littlllOlltf IL turiltH III
formed aud believes that the uamc of
Fred W. Gunstrr as Il candidate for the
said office in the Republican column on
Sald ballots, was placed in said column In
disregard of law. and il void and OF 10
legal effect whatever and the said Fred
w. Gunster can derive no right, benefit ,r
advantage thercfrom.
'Thcretore the petitioner Respectfully
praYS the court to rulC that the name of
Fred w. Gunster as 1t candidate for ;he
said office, in the Democratic column on
said ballots is lawful.
That the name of Fred W. Gunster ~
candidate for said Office in the ReDuhli-
can column on said ballots is unlawrul
ana That the votes east in said Republican
column on the said ballots cannot be
counted for the said Fred W Gunstcr.
"CORNELICS SMITH"
ORDERED 1T FILED.
Judge Edwards directed that the pc
tition be filed with the ore presented
yesterday ard said he would pass on
both of them. this morning at 3 o'clock
The Jennings petition to have the
ballot box from the South district o9
LackaWanna township brought into
court was Withdrawn, the petitioner
being unable to secure the proofs re-
quired. Judge Edwards thcreupon di-
rect"d the vote TO be recorded as
shown on the returns The order read
as follows:
The allegations in TIE within alli-
davit are too indefinite to form the
basis Of any action on the part pf the
court, and we direct the vote for Judge
in the South district of Lackawanna
township to be counted"
Shortly before noon when the Third
district Of the Fourth wand of Scran-
ton was reached, it was found that
there were no returns whatever from
the election board.
Judga Edwards issued subpoena
Tor the judge Of election, William ]
Williams, and Deputy Sheriff RYAN
wcnt forthwith in search of him. He
was found at work in Trips slope
ana informed If what WAS wanted. He
went nome and changed his clothes
ana hurried over To the court house.
In reply to Judge Edwards question
as 10 What had bee ONE of the returns,
MlT Wlillams explained that the tally
SheetS We're 100 bulNY to be enclosed
win The afhdarits ana other papers
IN the return envelope and had been
placed IN the ballot box with the votes
a commission composed OF the clerks
Nch- up 10 clty hall and opening the
box secured the missing returns
J near your board was drunk cleo
tion night" remarked Judge Edwards.
na he was Diminishing Williams.
WILLIAMS ANSWER.
Well I'll say for myself that il is
not 50. As to the others | won't say
anything answered Williams.
Remarkably few diGcreDancies he
tween the open and scaled returns are
being discovered. The only errors dis
closed yesterday were two instances of