The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-05-07
election contest in the Eighth ward on
the city oC Scranton. The opinion Is

election contest in the Eighth ward on
the city or Scranton. The opinion Is
as follows:
4 similar ,ulc TO .hr ono now before us for
disposition was discharged by this court in Janu
arv last, and the petitioners were directed to pay
the costs OF these proceedings. Tie action OF the
coitt was based upon the proposition that the
act oi April 2s. isDg, amending the ninth scctiun
Of tho nct OF MAY H. 1874, left the count no
discretion in the disposition OF the costs OF an
unsuccessful election contest. An appeal was tax.
cn to the Sunemc court and the decree Of this
court was reversed and protcdcndo awarded
We are. therefore. now called upon to decide
the question Of probable cause under the pro.
visions Of the act OF 1874. IN that act II is pro.
vdcd. IN contested elections Of munici.
pal officers in which the court o. Judge shall
moi decide that the complaint il without prob.
able cause. the proper municipality y
shall be- liable to pay sl costs, and the same
shall hc promptly paid by the proper authorities
upon the order Of the court OF judge trying the
case" We are not prepared TO decide that the
complaint was without probable ca,isc. The
showing made by the contestants establishes
probable ca,sc under numerous authorities Which
!, Is unnecessary TO cite. IN tue language of Mr.
Justice Mcstrchat who wrote the opinion Of the
supreme court in tins case. "Wlilc the appellee
was returned as elected over his opponent Ivy
five votes tN petitioners succeeded in showing
that twcitynnc Illegal votes had been cast for
him. thus apparently establishing their sincerity
in bringing the proceedings
And now Ma, q. 1901. the ruin to show cause
why probable cause was not shown is male ah.
sointc. end il ia ordered and dccrcei that The
costs in this case be- paid hv the city ol Scranton
John T.. Kelly. A. T.. J.
In the case of Enos Flynn against
the Father Witty Young Mems Total
Abstinence ana Benevolent society. the
rule for Il new trial secured by the
plaintiff was made absolute by Judge
Kelly. He rules that the court was in
error in refusing to submit to the jury
tho question of whether or not the
plaintiff made tender OF payment as
agent for his son.
Other. decisions by Judge Kelly were
rs follows:
Cty OF Scranton against NJ. Alice
Scanlon. administrative: exceptions re-
viewed and case referred back to the
auditor.
City Of Scranton against NJ. Alice
Scanlon. administering; rule to strike
off municipal lien made absolute.
John Harranan against the Township
of Old Forge; plaintiff had no right to
recover lOi InSSlCil UlSCOnllOrC TO MS
family" case referred back to referee
for new trial.
George II. Trauger against Nira
Trauger: respondent allowed $35 coun-
sci fees and $40 a month alimony.
In re estate Of George NJ. Knight. de-
ceased: exceptions to auditors report
dismissed and report confirmed finally
In the case of d. 3. ReplOgle against
Jane i. Singer, Judge Carpenter de-
cided that the plaintiff is to file on
record "a receipt on account of $780, when
the rule to open Judgment is to be dis
charged: otherwise the rule is to be
made absolute.
Judge Carpenter also decided in the
case of the Scranton Packing company
against Frank Weisberger ct al that
the exceptions to the declaration should
be dismissed. and in'the estate Of John
Kreig, deceased. that the money to he
charged against the administrator
should he cut down from s46.69 to s3319.