The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1901-03-21


junction against the petitioner as
Commissioner aforesaid was, to wit,
on the 18th day OF March, 1901
appointed by the said Court of Com
mon Pleas to fill the unexpired term
of the petitioner, as Commissioner
8. That the delay on the part of
the said T. J. Vanderslice of more
than one year in requesting the proper
authority 10 proceed against the pc
titloner by quo warranto, to remove
him from Office in connection with
the advice given to the petitioner,
that 1t was not improper for him to
become one of the sureties on the
said Treasurer's bond, and the
appointment as aforesaid of the said
L. J. Vandersllce in place of said
petitioner as Commissioner of the
said County, makes it perfectly mani
fest that a mere spirit OF personal
revenge was the animating cause OF
the said 7. J. Vanderslice instituting
proceeding against the petitioner to
remove him from the office of County
Commissioner as aforesaid.
9.-That the questions Of law
raised tor decision by this appeal are
two, to wit:
a.-Whether under section 66 of
Act of March 1860, the petitioner
forfeited the Office of County Com
missioner, aforesaid, by becoming
surety on the bond of the said County
Treasurer, as aforesaid This Section
declares:
b.-"It shall not be lawful for any
councilman, burgess, trustee, manager
or director of any corporation, muni-
clpality or public institution, to be at
the same time a treasurer, secretary
or other officer, subordinate to tle
president and directors, who shall
receive salary therefrom or be the
surety of such officer nor shall any
member of any corporation or public
institution, or any officer or agent
thereof, be in anywise interested in
any contract for the sale or furnishing
of any supplies, or materials to be
furnished to, or for the use, of any
corporation, municipality or public
institution of which he shall be a
member or officer, or for which he
shall be an agent, nor directly nor
indirectly interested therein, nor re-
ceive any reward or gratuity from any
person interested in such contract or
sale, and any person violating these
provisions or either of them shall for
felt his membership in such corpora
ton, municipality or institution, and
his Office or appointment Hereunder,
and be sentenced to pay fine not
exceeding five hundred dollars; Pro-
0iaed that nothing in this section
contained shall prevent vice presl-
dent OF any bank from being a director
OF said bank or of receiving salary
as vice president"
Whether the application for
the writ of quo warranto by reason OF
the said T. ]. Vandersllce having
/ advised the petitioner as his private
counsel that it was not improper for
him to become the surety on SAID
Treasurer's bond although exercising
the Office of County Commissioner.
Io.-The petitioner is advised and
believes that the judgment against
him in said proceedings in quo
warranto is not we'll considered, that
the Act of March 81, 1860, cited
above does not expressly or by any
implication make it unlawful for a
County Commissioner to become one
of the sureties of the County Treas
urer, and that the application for the
writ should have been refused on the
ground that the petitioner was advised
by his counsel as aforesaid, and the
real prosecutor, "That 1t was not i'm
proper for him to become surety a:
aforesaid"
II.-That the affairs of the salt
County of Columbia, will not in any
wise be affected or prejudiced BY
allowing the petitioner to continue a:
County Commissioner of the said
county pending this appeal.
The petitioner therefore respect
fully prays the Court that the sale
appeal shall be supersedeas until j
shall have been finally disposed of b!
this Honorable Court and he will
ever pray &c.
WILLIAM KRICKBAUM.
State of Pennsylvania, &C
County of Columbia.
William Krickbaum the foregoing
petitioner being duly sworn according
to law deposes and says that tha fact
stated therein are true and correct II
the best of his knowledge and belief
WILLIAM KRICKBAUM.
Sworn and subscribed before mi
the 10Th day OF March, A. d. 1901
c. A. SMALL,
NOtor,, Duhl:c