The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-05-23

Made to Judges or the superior
Court Today for a Supersedeas.
Council Can Approve of the Bond
on Thursday Night.
Two things can occur between now
and Saturday that will keep nine MEM
bers Of the select council of Scranton
out of Jail. 1t is highly probable that
one of the two things will be recorded
before Saturday as having been done.
A short times the court of this
county issued mandamus compelling
the councils of Scranton to approve the
bond of City Solicitor-elect A. A. Vos-
burg and last Thursday night the
select council at it's meeting, ordered
the city solicitor to take an appeal from
the decision of the court and then pro-
ceeded to disobey the mandate OF the
court by refusing to confirm the bond.
J. A. Lansing w. NJ. Finn, +. F. Nc
Cam and Edward James were not pre-
sent at the meeting and the following,
constituting a majority of the mem
bers present, voted against confirming
the bond: j. J. Kearney, John L.
Roche, T. c. Melvin, John Shea. Adam
Schroeder, Thomas Frable, Edmund
Frable, II. ]. Coyne and j. j. Mean
drew
Friday Mr.. Vosburg obtained n rule
returnable yesterday to compel the
members of select council to show
cause why they should not have writs
of attachment issued against them for
contempt of court. The rule was made
returnable yesterday morning. Judges
Archibald and Gunster were on the
bench. The councilmen were repre-
sented by ex-Judge Knapp and Hon.
John P. Kelly and Mr.. Vosburg by
Attorneys James II. Torrey and George
S. Horn.
THE HEARING.
At the opening of the hearing Mr..
Horn stated that they had the return
of the sheriff showing the service of
the mandamus on the members OF
council. The petition on which the
rule was granted cited the contempt
of the councilmen.
Mr. Kelly asked that the rule be
continued. He though the rule pre-
mature. In his opinion a reasonable
opportunity should be given the coun-
cilmen to appeal the case and have
the question passed upon by the ap-
pellate court The court seems to be
clear, he said, that Mr.. Vosburg Is en-
titled to the office, but he believed the
court was in error. and the council.
| acting under that advice, refused to
| accept the bond.
They did this, not out Of any con-
tempt for the court, but on the belief
that they have the right to appeal.
Mr. Kelly said an application was made
for supersedas from this court and
II that petition was refused they want
! ed reasonable time to make appli-
cation to the superior court. If the
| superior court refuses a supersedeas
| then the council shall assemble at the
| earliest opportunity and comply with
! the order of court.
Mr.. Torrey replied that a supersedeas
would tie the matter up for year and
that is all Mr. Mckinley Is striving for
| The judges retired for consultation and
| when they again came on the bench
Judge Archibald handed down the fol.
! lowing
| THE application to have the appea
taken to the Supreme court in this case
made supersedeas is refused"
| CAPlAS DIRECTED.
| The rule to show cause why the re.
! spondents should not be committed fol
contempt for failure to comply with
! the mandate of the court is made alb.
| solute and thereupon a capias is di.
| rected to issue to bring in the respond
| ents on Saturday, May q, at 8 O'CLOCK
! a. M"
Judge Archibald said that the view
they took of the matter was that prima
facie Mr.. Vosburg was elected and en-.
titled to have his bond approved, sc
that the title of the office could be con.
tested in the regular way. They haC
decided that Mr.. Vosburg was elected
from the fact that he received twenty.
, one out of forty-one votes. Mr.. Vos
burg was entitled to have his bond ap
| proved that he might have title to the
office and be able to begin quo war
ranto to test the legality of his elec
tion.
Application was at once made {
| Judge p. +. Smith of the Superior
court. for supersedeas to stay tn
lower court until the case is reviewed
by the higher tribunal. Judge Smitl
said that President Judge c. E. Ric
would be in the city today and they
would be prepared to hear arguments
They will be made at 1890 this morn
ing.
If the Superior court refuses tn
supersedeas, council can at it's meetn,
Thursday night purge itself of its con
tempt by approving the bond.
The capiases are now in the hand
of the sheriff. They are directet
against all Of the councilmen, but onl!
those who refused to approve of tn
bond will have to suffer in the event o
the court being compelled to commi
the councilmen fer contempt,
|