The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-06-07

There is very strong probability
that the men who signed the petition of
w. S. I.angstaff instituting a contest
against NJ. j. Kelly for the office of
county treasurer will have to pay the
tritle of one hundred thousand dollars
or so which the contest will cost. The
new election contest law passed by the
last legislature, which is known as the
Vaughan bill, seems clearly to put the
costs on the petitioners In the event of
Mr.. Kelly winning the contest, which
from present indications is more than
likely.
The men who signed the petition are:
w. NJ. Finn, James Moir, jr., Charles
w. SChanlk, G.. r. Clark, John II. Eel
lows, G. w. Finn, Frederick Fuller, o.
r. Schrefer, James Moir, Joseph Oil
yer, G. w. Davis. NJ. V. Morris, Walter
e. Christmas, j. j. Kaufman, j. A.
Lansing, James ]. II. Hamilton, John
j. McAndrew, p. D. Rhodes, William
Hanley jr., S. f. Lynch, j. f. Will
liams, Ellery c. Thornley,, George w.
Beemer, j. Scott Ingls, Willard l..
Perry, II. c. Powell, John T. Howe, c.
| l.. Hill. f. L. Hodgson, Walter v Han
| drick, G. NJ Wallace, G. V. Terwiliger,
| J. r. Schlager. William Coughln, w. p.
| Lifts, +. NJ. Young, James f.. Francis
| Thomas ]. Watkins, Evan ?. Davis,
| Ed. j. Gallagher J. Il. Mears, New
| rick Peatenby c. b. Westcott, w. H.
| Williams, Fred Schurman, c. NJ. Butts,
| Howard w. Hull, Alfred Harvey, Aria
| Williams, C. s. Jacobs.
| THERE WILL BE A RUSH.
| Many of these men are possessed of a
| large amount of the worlds goods and
| they will have to pay the share of the
men from whom nothing can be collect
| ed. There will probably be a rush on
| the part of some of these signers to get
| their property transferred to near rela-
| tives when they realize they must pay
| up. There is a provision Of the law
| which permits of the commitment to
| jail of those responsible for the costs in
the event of their not being paid.
a Tribune man yesterday interviewed
| Attorney l. Fl. Burns upon the
| Vaughan bill and its effects on the
| present contest. His views appear
plausible to the lay mind unversed in
| the devious intricacies of the interpre-
| tation Of the law. His Interpretation is
| substantially as follows:
The law, which formerly gave the
| courts discretion as to the imposition
| of the costs in a contested election, has
| been so amended by the recent
| Vaughan act as to take away this dis
| erection so far as concerns contested
| elections of county officers among 9th
| ers. The following extract from the
Vaughan act shows the old law and the
new:
THAT section nine of an act (of 1870
| which reads as follows: In contested
| elections of president or additional law
| judges, senators and members of the
| house Of representatives. and of county,
| borough, township or municipal officers
| in which the court or Judge shall not de-
| eide that the complaint is without prob
| able cause the proper district, county,
| city, township, borough, ward school
| district or municipality shall be liable
| to pay all costs and the same shall be
| promptly paid by the proper authori-
| ties upon the order of the court or Judge
| trying the case" be, and the same is
hereby amended to read as follows:
THE NEW ACT.
"In contested elections of president or
| additional law judges and of county, bo-
| rough, township municipal officers or
| school directors or school controllers, If
| the contestants fail to establish his or
| their right to the Office TO which he OF
| they claimed to have been elected, the
| petitioners and each and every of them
| shall be Jointly and severally liable for
all the costs and the same may he col
| leCtcd as debts OF like amount are by
| law collectahle or payment thereof may
| be enforced by attachment. In case the
| contestant establish his or their right
| TO the office in either of the above nam2d
| cases, the costs shall be paid by the
| proper district, county, borough, town
ship, municipality or school district"
ut will thus be SEEN" continued Mr.
| Burns, that the discretion formerly
exercised by the court as t. the inn
position of costs either upon the county
or the petitioners is taken away and
the liability is fixed by the statute it.
| self. If the contestant succeeds the
county pays the costs. If he fails the
costs must be paid by the petitioners
This undoubtedly applies to the
Langstaff and Kelly contest, because
as has been said by eminent authority
| the costs in a suit are to be regulated
by the statute in force at the time OF
it's termination. Neither court, Jury
nor referees can award costs, unless
authorized by law; and where the rule
| ~ llAtu ny SNdlulG II IlluSl Dt lOllOWtu
| strictly
| "A contested election case is now like
a trial at law where the jury find either
for the plaintiff or defendant, but say
nothing about the costs because that is
| fixed by the law.
"At the end of this contest the court
| will find that one of the parties was
| elected If Kelly wins the costs go on
the petitioners. If T.anEstaff is ahead
| then the county pays. IL the court is
asked to make a decree as to costs il
will reply that it has no control over
the costs as that is fixed by the law.
MATTER OF FEES.
"Rut have not the witnesses and Off
Ger vested interest in their fees that
cannot be changed?"
mot at all. There are no vested
interests in an officers fees. The stat
ute that made them can also unmake
at any time. Besides this amendment
does not deprive any officer of fees. 1t
simply makes a possible change in
their collection. Instead of getting
them from the county they may have
| to look to the petitioners"
How about impairing the obligation
| of a contractW