The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-03-28

Judge Il. W. Archibald handed down
orders yesterday declaring that Thorn
as Hcnning and Thomas Holmes were
legally elected to the offices of school
director and justice of the peace re-
spectively at the February election of
1899 in Fell township.
The contests was begun soon after
the election in question was held and
has been pending since. The following
order wn2 made by Judge Archibald in
the school director contest and one al
most identical i'm the justice of the
peace contest:
In rc ,outcatcd election of Thomas ilcnung
for the office of school controller of Fell town.
ship:
Aud now, March p, 1oOl after having duly
considered the evidence reported by the ca
lmurr. the motions hy the parties. aud the
exceptions taken to the report ot the examiner,
We ind that at the election held in the town
ship ct Fell on the 2l>t day of February, lHN,
there were cast for the respondent. Thomas
Il,nninv for the office oi school director 1876
votes, and for John Owens. for the same OF
flee, 40 votes But u large number Of sald
votes were cast by persons who were not qudilhcd
to vote at said election, either 10y reason ct non
payment of taNcs, alicnIgp, not being registered
and making no or not Sufficient affidavit, OF olhcr
dislualifying cause, and we hereby declare thao
the said ballots were illegally cast and i'm
properly counted for the candidates for whom
they were respectively fcast and counted and
should be deducted from the total number of
votes returned for each Of the same. And upon
| examination If the said illegal ballots We find
| foIty.hvc thereof were cast for the respondent,
| Thomas HCnning, and furty.onc thereof for tho
! contestant, John Owens. and the remainder for
other parties not necessary TO notice DeducinE
| said illegal votes from the number Of votes re.
| turned and computed for the said candidates re.
| spcctiycy, we arri"" at the following result:
| Thomas Hcuning as returned .,.,...,...... JOG
| Illegal votes 70
| Legal votes for Henning ..........,...,.. 11l
| John Owens as returned .............,...... 10
Illegal votes VI
| Legal votes for Owens NEUTRALITY-SUSPICIOUS.. l2o
| We find as the result that the respondent.
| Thomas llcuninc, received the greatest number
! ot legal votes cast at the said election and
twenty-five votes more than the contestant,
| john Owens.
In the justice of the peace contest,
| the judge found that votes had been
| cast as follows:
Nicholas Glenn as returned .....,....,..... ls}
Illegal votes NEUTRALITY-SUSPICIOUS.. 40
Legal votes ior Glenn INSTRUMENTATION. l3i
Thomas Holmes as returned ,............... lot
Illegal votes .,........,,...,............ -
| Legal votes Tor Holmes. J2j
Joseph Wilcr q, returned ......,....,..,.... i&j
| Illegal votes ..,........................ IS
Legal votes Tor Wise Observation-Disclosures. %
This shows that Holmes was elected
| by one vote. One of the votes de-
| Clared Illegal was cast by Matthew
Wagner, jr., but when the ballot boxes
were opened no trace of Wagner's
vote could be found. John II. Ed
wards, the attorney for Glenn, asked
the court to have Wagner brought in
and sworn as to the manner in which
his vote was cast.
Judge Archibald decided not to do
this rs over two years had elapsed
since the election and at best it would
only result in having the contest de-
clartd tie ana thus prolong 1t. He
made an order directing that the town
ship of Fell pay the costs of the con-
test.
1t was shown that altogether 127 IL
legal votes were cast. OF these, IS
were for unpaid taxes; As because the
voter was unregistered and made no
affidavit ana 80 because they were not
| naturaliZed