The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-08-15
THE SCRANTON TRIBUNE-TUESDAY. AUGUST Is. 1899

have reached, they are briefly as fol-
lows:
1. The supplementary kct OF 1866 is
constitutional.
2. The president judge Of the court of
common pleas OF Lackawanna is the
proper authority to fill vacancies in the
poor board
3. In case there is vacancy the APP
pointment is for the unexpired part of
the whole term of three years, and in
case of a failure to elect a poor direc-
tor a vacancy exists by reason of the
expiration of the term and the appoint
ment is for the full term.
4. The supplementary act does not
change or modify the system of elect
ing poor directors provided by the Act
of 1862
.. T.. j. Dickert, the respondent in
this case, was appointed to fill a va
cancy and Is therefore rightfully in
office until his successor Is duly elected
or appointed.
The foregoing naturally ends the dis
cuSSion necessary for the disposition of
the present case. But we cannot avoid
commenting upon the complications
that Will surely arise in the future. 1t
is questionable whether under present
conditions it is possible to hold n valid
election for poor director in any of
the districts described in the Act Of
1862. For thirty-three years the poor
directors have been appointed and not
elected. During this period the lines OF
election districts and wards have been
changed and the integrity of the old
poor districts, especially as to the ma
chinery for holding elections for poor
directors, has been destroyed to a great
extent. part of a district cannot
elect a poor director Spasmodic at
tempts have been made to elect a poor
director from the old South ward, but
as far as we can now see, although the
question is not before us, there could
not have been valid election There
has not been in existence for several
years for the purpose of an election a
political division of territory answering
to the district known as the South
ward
LEGISLATION NECESSARY.
IT may be that the president judge
must continue to exercise the undesir-
able prerogative of appointing poor di-
rectors until new legislation relieves
the situation and brings the poor dis
trict out of its present chaotic condi-
ton. The energies of the parties in
terested in the solution of this question
should be directed to the Legislature
and not to the courts. We understand
that there are now four vacancies in
the poor board. These must he filed
by appointment in the usual way as
the law now stands. because there have
been no elections. According to the
information filed in this case. Mr..
Murphy claims to have been elected
from the South ward in 1898.
While we cannot consider this ques-
tion in these proceedings, nevertheless
ii is manifest that there could have
been no valid election at that time, be-
cause the machinery for holding an
election in the South ward. even by
combining together several of the pres
ent wards and election precincts, was
not in existence. In addition to this,
the proper period for holding an cleo
tion in that district, If such an election
could have been held. was in 1899.
These suggestions are made tentative
ly, and are not to be considered bind
ing on parties now or hereafter inter-
ested in poor board matters. Judgment
is entered in favor of the defendant.
We direct the county to pay the costs.
Judge Archibald did not sit in the hear
ing of this case.
Attorney |. II. Burns, who repre-
sents Attorney John j. Murphy. who
claims to be the legal director from
the South ward of Scranton, said yes
terday that he will take an appeal to
the supreme court. He takes issue
with Judge Edwards decision that Mr..
Dickert is entitled to the Office.