The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1901-03-14
O(JSTED.
Judge Halsey Files an Import
ant Opinion
Removing William Krickbaum
From the Office of County
Commissioner.

On Monday morning last the papers
in the case involving William Krick-
baum's title to the Office of county
Commissioner were received in the
Prothonotary's Office, and among them
was a lengthy opinion by Judge Halsey
of Wilkes Barre, who presided speci-
ally in the case. The opinion would
fill over three columns of this paper,
and it is therefore not printed in full.
The substance of it is that Mr.. Krick-
baum violated the Act of 3Ist March
1860, which reads as follows:
at shall not be lawful for any coun-
Gilman, burgess, trustee, manager or
director of any corporation, munich
pality or public institution to be at
the same time treasurer, secretary
or other officer subordinate to the
president and directors who shall re-
ceive 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 fur
nished to or for the use of any corpo-
ration, municipality or public institu-
ton OF which he shall be member or
officer or for which he shall be an
agent, nor directly nor indirectly in.
terested therein, nor receive any re-
ward or gratuity from any person in
terested IN such contract or sale and
any person violating these provisions
or either of them shall forfeit his
membership in such corporation, mu-
nicipality or institution and his Office
or appointment Hereunder and shall
be guilty of misdemeanor and on
conviction thereof be sentenced to
pay fine not exceeding five hundred
dollars"
1t was admitted that Jeremiah Sny-
der was treasurer of Columbia county,
and William Krickbaum was a COM
missioner, and that Mr.. Krickbaum
was one of the sureties on the treasur-
er's bond. Judge Halsey finds that a
county is a corporation such as is
named in the Act, and that CON-
missioner is such d trustee as is con-
templated by the Act, and so made
the following order:
SHOW nth day of March 1901,
Judgment is entered in this case upon
the demurrer against William Krick-
baum, the defendant, as guilty of un-
lawfully holding and exercising the
Office of County Commissioner for the
County Of Columbia, Pennsylvania,
and that the said William Krickbaum
the defendant be ousted and altogether
excluded from such Office and that
the relator recover the costs of the
proceedings from the defendant"
Concerning the other matters charg,
ed by the re.ator, that is, the publish
ing of the County Statement, Sheriff's
proclamation, furnishing printed blanks
&c, contracting for gas, water and
electric light for the county while be.
ing stockholder in these corpora
tions, Judge Halsey says;
"As to the other suggestions con.
tanned in the information, 1t is moi
clear that they are not traversed BY
the answer of the respondent 1t Il
certainly so as to most of them oy
direct denials and as to the other BY
qualified denials that would seem tt
make it necessary to send them to
Jury. However, as we have reached
a conclusion that will compel us t.
enter judgment upon the demurrer II
favor of the relator, there does no
seem to be any necessity at this time
that we should take up aud discuss
those allegations In the suggestion
which possibly may be admitted II
the answer and covered by the de
murrer."
Concerning the filing of new bon'
on which Mr.. Krickbaum was no
surety the couit says:
"The amendment filed on the rIt
OF February 1901 to the answer doe
not in our opinion, change the statu
of the respondent to the bond OF tn
County Treasurer upon which ne is
surety. The bond alleged in tn
amendment would not relieve the re
spondent from his liability betwee
the date of the qualification OF tn
County Treasurer and the date of tn
giving of the new bond, because
does not appear in the answer that tn
ICont;nued on PAGE SD Col