The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-07-02

Quo warranto proceedings were be-
gun yesterday in court to oust the
present poor board of the Scranton
district and seat the seven men who
ran on the Democratic city ticket last
February and were elected. The petit
ton was presented to Judge Gunster
by Attorney /. II. Burns. Judge Gun
ster did not issue any order in the
case for the reason that he wants to
have the matter passed upon by the
entire bench.
Attorney John j. Murphy is the one
in whose name the petition is brought.
Mr. Murphy was one of the candi-
dates. The others were Frank Nc
Donald, of Dunmore; NJ. f. Wymbs.
of Hyde Park; D. J. Campbell and
Morris F. Schwartzkopf, of the CEN
trail city; John Mcnamara and J. X.
Smith, of Providence.
Mr.. Murphy ran in the district rep
Sesented by F. L. Terppe; Mr.. McDon-
aid in the one represented by P. j..
Murphy; Mr.. Wymbs in the one repre-
sented by DR.. w. A. Paine; Mr..
Schwartzkopf in the one represented
by Reese G. Brooks Mr.. Mcnamara
in the one represented by W. S. Lang
resented by Thomas Shotten.
M'NAMARA CHOSEN.
Mr.. Mcnamara defeated j. X. Berge
who was the regular nominee on the
Democratic ticket. He has since gone
to the klondike. The Republicans did
not put up any candidates District
Attorney John r. Jones is represented
as the petitioner, because he is, ac-
cording to Act of Assembly, a deputy
attorney general. In all cases affect
ing the question of the CONSTITUTIONAL
ity of laws action is taken in the namc
of the attorney general. The petition
| filed yesterday was as follows:
John r. Jones. district attorney for
| the county of Lackawanna, who sues in
| this behalf for the commonwealth OF
| Pennsylvania, comes here into court and
| gives the court to understand and be in
| formed that on March %. 1896 F. L.
| Terppe was appointed poor director by
| Hon. r. w. Archibald, president judge OF
Lackawanna county, Pennsylvania, fol
| a full term of three years to the Office
| of poor director of the Scranton poor dis.
| trict in that part of the said district
| comprising the Eleventh. Twelfth, Nine.
| teenth and Twentieth wards of the city
| of Scranton, formerly the South ward
| borough of Scranton; that by virtue OF
said appointment the said F. L. Terppe
did assume on the 23d day of March
1896, the duties of the Office without as
| your relator believes. any legal right
| thereto, and in violation of the act OF
| assembly entitled IAN act to authorize
the erection of poor house by the Dor.
| ough of Dunmore. borough of Scranton
and township of Providence in the county
| n I An, NJ
its supplements approved March 16, 1866
And in violation of other laws of the
commonwealth of Pennsylvania.
HE WAS ELECTED.
That John j. Murphy was duly elected
| for the full term of three years to the
| said office of poor director in said dis
trict at the general election held in the
| city of Scranton on Feb. 16, 1896, having
| received 342 votes therefor, the highes
| number of votes cast for any candidate
for said office in said district; that the
| said election for the Office of poor direc
| tor in said poor district was held in aC
cordance with the requirements of sale
| act of assembly above referred to.
That the said John ]. Murphy did OF
| March Is, 1898, at 2 o'clock D. M, attend
| the regular meeting of the poor board o
the Scranton poor district held at NUM-
| cipal building in the city of Scranton
| and offer his certificate of election t
said board and did demand that he b.
sworn in and seated as a member of salt
board for the Eleventh, Twelfth, Nine
teenth and Twentieth wards; that TIL
said board at said meeting, through it
| president w. S. Langstaff. did refuse t.
swear in and did refuse to seat the sal,
John ]. Murphy as a member of sal,
board for said district.
That the said F. l.. Terppe uses an,
enjoys the rights. privileges and fran
/ chises of said office of poor director AM
usurps upon the commonwealth therein
to the great damage and prejudice o
the said commonwealth and of the con
stitution and laws thereof, and to tn