The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-01-05

Through his attorney. /. u. Burns.
John j. Murphy, the claimant of the
seat on the poor board now occupied
by r. ]. Dickert, filed a demurrer yes
terday to the answer the defendant
recently made through Attorney John
F.. Scraeg.
Mr.. Murphy contends that the an
swer Is insufficient in law to sustain
the respondents plea and then goes
on at length to recitc the various rea-
sons.
The appointment of F. J. pickert by
Judge Archibald March 2, 1889, for the
unexpired term of +. l.. Terppe. who
resigned December IA. 1898. was un-
lawful. the relator AYERS, because there
the relator, Mr.. Murphy. having been
elected to the office in the interim,
namely, on February Il, 1899.
The act of 1862, Mr.. Murphy con-
tends, specifically states that vacah-
cles shall be filled by the judges OF
the court Of quarter sessions Of I.u.
zerne county, and therefore Judge
Archibald, as president Judge Of the
court of common pleas of Lackawarna
county, had no authority to make the
appointment.
The appointment, it is further con-
tended, is contrary to the opinion OF
Judge Edwards, in the case Of the
Commonwealth against r. j. Dickert.
No. III, September term. 1893, which
decides. positively. that the office Of
poor director in the Scranton poor dis
trict is elective; that the supplement
tary act of 1866 does not change or
modify the system of electing poor di-
rectors, as provided by the Act of 1862.
| and that If an election could have been
held the proper time to hold it would
be 1899.
Mr. Murphy sets forth that he was
elected February Q, 1899. but yet Judge
Archibald appointed Mr.. pckert March
2. 1899. and re-arpointed him Novem-
Der 2S, 1899.
The law in the case is found in the
| Act of 1862, and it's supplements AZ
originally passed. it simply authorizes ed
| the erection of poor house by the
borough of Dunmore. borough of
! Scranton and township Of Providence"
and provided for the election of poor
directors. In 1866 a supplementary act
was passed providing that vacancies
caused by death, resignation or other
wise should be filled by the president
| judges Of the court of common pleas
of LuZerne county. This supplement
| was construed to mean that all vacan-
| cies, including those occurring by rea-
son Of the expiration Of a term, were
to be filled by the appointment of cour,
and this practice has obtained evei
since. the only change being that tht
LuZerne county court refused some
years after the creation of Lackawan.
ma county to fulfill this duty and al.
lowed it to devolve upon the loca
court. Judge Archibald has been ex
ercising the power ever since.
The demurrer further contends tina,
the supplement Of 1856. under which
the president judge of the court o
common pleas Of Lackawanna count,
claims authority to appoint poor direc
tors to fill vacancies is unconstitu
tional for two reasons. as follows: L
contains two distinct subjects. an(
they are not clearly expressed in TIL,
title as required by Section of Article
3 of the Constitution of the State.
1t now becomes n question Of Law
for the court to decide. This court ha!
already decided in a previous sui
brought against the same defendant
by Mr.. Murphy. that the office is elec
tive and that the proper time for elec
naming point for decision is whether
or not Mr.. Murphy was duly elected
as required by the law.