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

HrOCeeulnSS nave Oeen instituted
in the Lackawarna county court to
test the constitutionality of the So
called Pittsburg Ripper" bill.
With the exception of the legal
farce enacted in the court of this
county some time ago for the osten-
sible purpose Of testing the legality
of the Governor unconstitutional
mutilation of the school appropria-
ton two years ago, nothing more
ridiculous has ever occurred in any
court of this Commonwealth or for
that matter in the history of the
jurisprudence of the country. A
petition has been filed at the sng-
gestion of the Attorney General
acting for the state machine, before
willing Judge citing an acquiescent
official to show cause why he holds
Office, and this conspiracy is palmed
of on the public as judicial inquiry.
This farcical performance is not
only an insult to the intelligence of
the people, but it is an outrage OH
justice. The Judge to whom the
petition was presented is candidate
for the federal bench and unless he
perverts the law to suit the purposes
OF the conspirators he will loose an
office of life tenure which his heart
covets. The petitioner in the case
is candidate for the succession on
the common pleas bench to be made
vacant iby the promotion of the
Judge to whom the petition was
presented, and unless he does pre-
cisely what is wanted his cherished
ambition will be disappointed. The
official who is cited to show cause
having resigned the Office of mayor
must do what the machine wants or
retire to private life not tor a time
but forever, and as Sol Smith Rus
sell says in the play "thcre you
are"
The scheme is to get only such
aspects of the case presented to the
Supreme court as will necessarily be
decided in favor of the machine. In
other words these conspirators would
have a judicial determination of a
grave constitutional question pred
icated on false premise. That is
to say there being no question of
the removal by the Legislature of
an officer elected by the people, the
mayor of Scranton having resigned,
the only question which would come
before the court in all probability
would be as tothe constitutional au-
thority of the Legislature to abolish
the Office of mayor and create that
Of recorder. Both these rights
are conceded on every hand. But
the right to legislate out Of Office q
man elected mayor by the people be-
fore the expiration of the term for
which the people commissioned him.
to serve, is denied.
This Scranton proceeding, like
the proceeding in the school case in
this county, is nothing more or less
than bit Of legal jugglery. 1t is
a shame that the Attorney General
of the Commonwealth and Judges
on the bench will debase themselves
by the practice OF such hocus pocus
IN the courts, But they do and in
the face of such facts the rights and
liberties Of no citizen are safe. The
license which justifies such actions
applied in any other way would
work equal disaster No title to
Office is secure, and for that matter
no deed 20 property or franchise of
any kind will stand against such
usurpation on one hand and in
justice on the other. May Heaven
save us from the consequences of
such disregard of sworn obliga-
tions. .-BellEtoRte Wafhman.
Judge Archibald has done Just
what was expected, and has filed
an opinion upholding the ripper"
bill.