The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-05-24

A session of the superior court Of
the state was held yesterday on the
porch of the pleasant home OF Judge
Z. p. Smith, at Green Ridge. Presi-
dent Judge G. E. Rice, of Wilkes-Barre,
and Judge Smith heard arguments on
the application for n supersedeas in the
matter Of the appeal of the select coun-
cilmen Of the city from the decision Of
the local court in issuing a mandamus
to compel them to approve of the bond
OF City Solicitor-elect A. A. Vosburg.
At the hearing ex-Judge II. a.
Knapp represented the select council,
and James II. Torrey and George II.
Horn appeared for A. A. Vosburg. City
Solicitor NJ. A. Mckinley was present
but Mr.. Vqsburg was not. Ex-Judge
Knapp opened the argument. He re-
viewed all of the facts bearing upon
the case up to date and said there
are two very important questions in
the appeal. The first is that under the
plain terms of the law there is no va
cancy this year, and for that reason
the joint session was nugatory, null
and void. The second is that even If
it should be decided there was Vs.
cancy, still Mr.. Vosburg was not elect
ed. He did not have a majority of the
normal body of council. One member
of common council died. His successor
was elected and two days before the
joint session he took the oath of office
before a notary public.
SHOULD BE COMMENDED.
He held that select council is to be
| commended for it's action. If they ap-
prove the bond they make two city
| solicitors. an evil which municipal au-
| thorities are doing right in trying to
avoid. Once upon Il time Scranton
had two mayors and two chiefs of po-
| lice. Select council has a right to
| have this case fully heard for future
| guidance.
Mr.. Torrey replied to Judge Knapp.
lie said the title to Office is raised in
| this case or it is not. If it is the
superior court has no jurisdiction. If
it is there is no merit in granting a
supersedeas and tying Mr.. Vosburg's s
hands for nearly year. There is too
much defiance of court, he said, by mu-
nicipal authorities. They are not sat
isfied with the bond filed in the appeal
to the superior court. The bond is $500.
It should at least be enough to cover
one years salary, which is $4,000.
| After consulting over the facts in
the case Judges Rice and Smith decid-
ed that the superior court has no jur-
| isdction in the case.
Mr.. mckinley left for Philadelphia
last night and today will file an appeal
with the supreme court. l1xJudge
Knapp will this morning serve notice
upon the attorneys for Mr.. Nosburg
that on Thursday they will ask the
court to have the appeal made su-
persedeas. Mr.. Mckinley said last
night:
MIR. MGINLEY'S POSITION.
Mr. Vosburgs attorneys have told
the court several times that they want
council to approve the bond that they
may be in shape to begin quo warranto
proceedings. If that is all they want ]
am perfectly willing to have the bond
approved and have the courts decide
who is legally entitled to the office.
PERSONALLY have no desire to hold
an office l am not entitled TO but be-
| lieve / have another year to serve as
city solicitor and J. also believe thai
Mr.. Vosburg has not been elected.
| want the court to have an opportunity
Of passing upon the full merits of the
| case and will interpose no obstacle
that will prevent it from so doing. EX'
Judge Knapp will this morning sug'
gest to MIR. Nosburg's attorneys thai
we will offer no objection to the ap'
proving of the bond if they merely
| want to secure a standing to enable
| them to bring quo Warrranto proceed
| ings.