The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-08-13
KELLY WAS ELECTED,
COUNTY PAYS COSTS
Order Handed Down Yesterday in
the Famous Election Contest
Ends 1t Finally.

President Judge II. NJ. Edwards
yesterday handed down an opinion in
the matter of the contest of w. :.
Langstaff against NJ. j. Kelly for the
Office Of county treasurer which was
begun in the spring of 1899. AS fore
told in yesterdays Tribune the order
declares that NJ. j. Kelly was legally
elected and places the costs on the
county The full account of the order
follows:
The agreement Of counsel submitted to this
case is Of a somewhat mutual character. II is an
agreement as to fact which cannot he cStab.
lshod definitely except by a long, lahorous and
costly Investigation, and such an Investigation
as would answer no purpose. The term Of the
office contested expired in January Of this year.
II has been several times decided by the courts
that contest which cannot. in the nature Of
things, hc determined before the expiration ot
the term Cf the office contested, will not be- on
tCrtaincd because Of the uSclessness Of the pro.
cccdinrs. These are generally cases of quo war.
ranto brought fw months before the expiration
Of the term Of the office holder whose tenure is
questioned In the case at bar. the respondent :
term Of Office has expired. and the final result.
whatever il may be, will make no difference 10
him or 10 the candidate in whose interest the
contest was begun. Therefore. We are of the
opinion that counsel have acted wisely in ter.
mnat'ug the case by the agreement referred To-,
and we arc not dispoScd ~ queslion its legal
validity as binding admission Of facts.
THE only question LETT i the disposition oi the
costs. In the case Of the election Of ". H. Thorn
as, constable If the Eighth ward, scranton, re-
ported in los Pa. SO we held that the recent act
of assembly of Apr D. lSaa, applied to pend.
ing contests, So far as il related to the qucs-
t'onS Of costs. Ii our view had been sustained
10y the supreme court the costs of the present
case, on the facts A. they are now before rs,
would 60 upon the petitioners but the Appellate
court held that the act Of lSo1 did not apply 10
contests begun before its passage. This case
must, therefore. be disposed Of under the act Of
May -. ls7l, T. l.. 30.
ndor this act. il we decide there was prob.
able cause, the county must pay the costs. Was
there probable cause? There can be only one
answer 20 this question. The commissioners re-
port, after several months of examination Of :he
testimony, that there were 2.ljl illegal votes
east for the office Of county treasurer at the clcc.
tion of November .. 1897. The illegal votes
number more than three times the respondent i
majority which was 627. This bare statement,
without further comment, is decisive Of the Quos.
tion Of costs. under all the authorities on this
question. The county is liable for the costs
Therefore, We find, according TO the report Of
| the commissioners and the agreement of counsel
| filed in this case, that the respondent Michael
!. Kelly, was duly elected to the office Of county
treasurer Of lackawanul county at the election
| held in said county November >. 1897: and wc
| further find that there was probable cause for
| the proceedings contc>tiug the election In ac
| cordancc with the last finding. we order and d.
| rect that the county of LacEdwanna pay the cost.
| Of the proceedings in this case
| 1t is impossible at this time to state
with accuracy what the costs will h,
hut they will not be less than $50 OOO
| Bonds will have to he issued by the
| county to pay these costs.