The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-03-27

In re contested election OF W. II. Thomas,
constable Of the Eighth ward OF the city OF
scranton. Appeal by Jacob Jurko,its, one of
the petitioners from the decree Of the court OF
quarter sessions Of Lackawanna county.
MESTREzAr, J. The election OF officers Of
the Eighth ward OF the city of scranton returned
W. H. Thomas as elected constable over John
d. Walsh by majority Of five votes at an cleo.
ton held Oh the twcnty.hrst day OF February,
ls'D. On March 20, 1890 the petition Of the
requisite number Of qualified electors Of the
ward was presented TO the court OF qudi Ter
sessions Of Iackawanna county, contesting this
election. The petition Uas adiudged sufficient
and ordered TO he filed, and a rule Oh the re-.
spondcnt 10 answer was granted by the court
lie obtained a rule TO 0uash the proceedings on
April 2, 1899, which was discharged on May
l. 1892, and on May II, lsao, he filed his answer.
The contest was duly proceeded in until August
u. 1900. when the court entered a judgment in
favor Of the respondent and declared him to
have been duly elected to the office. On De.
tobcr 10, 1900. upon application Of the examiner
and stenographer appointed to take the tosti-
mony in the case, rule was granted on "ihn
city Of Scranton TO show cause why probable
cause did not exist to Justify bringing said
contest and to show cause why the costs shOu(d
not be paid by the city OF Scranton" With.
out passing on the question OF probable cause,
rule and directed the petitioners TO pay the
costs. This appeal is taken from that decree.
WHEN INSTITUTED.
The contest was instituted under the pro.
Visions OF the act OF May 10. ls1l =. l.. 20,
regulating the trial of contested elections The
ninth section oi the act provides a, follows: "If
the court or judge shall decide that the com.
plant is without probable cause, the petitioners.
N hal bp iotn t1ts md Il,.
liable for all the costs; and the same may he
collected as debts oi like amount rs by law
collectiblt, or payment thereof may be en-.
forced by attachments. In contested
elections oi municipal officers in which
the court or Judge shall not decide that the
complaint is without probable cause, the proper
municipality shall be liable to pay all
costs; and the same shall he promptly paid hy
the proper authorities, upon the order OF the
court or Judge trying the case"
During the progress Of the contest of this
election to Wit. on April IS is9a. this section
of the act vas amended SO as to read in part
as follows: I'm contested election OF .
municipal affairs % ii the contestant or
contestants fail 10 establish his or their right
TO the office to which he or they claim To have
been elected, the petitioners and each and cv.
cry Of them shall be Jointly and scverally liable
for all th" costs. and the same may be coli
lcctcd as debts Of like amount arc by law col
cctible, or payment thereof may be enforced
by attachment. In the contestant or con.
tcStants establish his or their right to the Of.
flee in either OF the above named cases. the
COSTS shall DE pad by tho proper mum.
icipality.'
The learned judge Of the court below held
thst the statute Of ls99 effective from the
date OF its enactment and was applicable TO pro.
ceedtnGs pending at the date OF its approval
Under this construction Of thc act hc i'm.
posed the costs of the contest upon the pcti.
TONERS Tho correctness Of the decision depends
upon the question whether the act of 1899 con.
trol'cd the disposition OF costs in election con.
tests pending at the date it became law
ASSUMED 1T WAS EFFECTIVE.
In disposing OF the question, the court below
seems 10 have assumed that the act of lSqn was
effective az TO pending cases and that there.
fore the costs in this case should be disposcd of
IN conformity with its provisions Had the
'ea'h"d ludgc undertaken TO support his rs.
sumption by an asceItaiument of the legisla.
NV" intent, he would have discovered that tho
act was prospective and not intended to affect
practically the litigation. This was pr,ctc,llv
the effect OF his decision refusing to compel the
petitioners TO file the bond required by the
act.
II viii he conceded that statutes governing
tlg disposition Of costs are regarded as rules OF
Waci'c ana hence are applicable TO litigation
pending at the date of their enactment, The
t2'si"'nIc may diveSt the right Of party to
his costs by change in the law relative there.
To dnllng the progress OF the litigation. These
are well settled principles which are not now
open 10 be contIOycItcd. But in determining
whether the act OF 1899 is applicable to pend
ing litigation. we must have regard 10 certain
well known rules Of construction and hv apnly.
lhS them, ascertain the legislative intent in
the enactment under consideration
IL Is text book law that statutes must be- con.
'tued as prospective in every Instance, eyccnt
where th" legislative intent that they shall art
letrospoctiyey is expressed in clear and man.
nghonS 't'inS' or such intent is necessarily i'm.
I''u rom the language OF the state, which
Woll' II" imperative otherwise than retrospec.
lively. II the intention OF the legislature hc
loubIfnl and not clear a construction will ho
put upon the statute that renders il most con.
'onant 10 equity and least inconvcnicnt. Ko,liu
w. Bull Doll. lSS, Pellet vs. Flit2, 80 Pa 100
u statute Is open 10 two interpretations tho
presumption is that the legislature intended tbc
most reasonable and beneficial INTERPRETATION IA
ne placed upon II. Ii possible. it will not bc
construed as to work manifest injustice Endlich
IN the Interpretation of Statutes, soc. rs
WHAT CONSTITUTION DID
The constitution OF 1874 imposed upon tbc
'ouIt the trial and determination OF all con.
ested elections, and required the assembly, hy
general law, to regulate the manner of trial
md all matters incident thereto IL provided
lowever, that the law regulating tho exercise
u jurisdiction should not apply to any contest
rising out OF an election held before its pas.
age, In pursuance OF this provision of the con.
ttution and during the year in which il went
nto effect, the legislature passed the act of
day 10, 1874, which inter ALA regulated tho |
rial OF all contested elections This act as |
We have seen, devolvcd upon the court of quarter
essions. or a Judge thereof, the duty Of dis |
'osng OF the costs in such cases If the com.
'laint was determined TO be without probable |
ause, The petitioners were made liable tor the |
oslS' ana II the court or the Judge should not |
u determine, the municipality became liable lor
hem' For quarter OF a century this legisla. |
ION continued TO be the law of the state Its |
nactment followed closely upon the heels of the |
ew constitution and was prompted by the same |
ohnnenddblc spirit Of protecting an elective
Ianchisc and OF enforcing its honest results that
eryades that instrument That it was satisfoc.
oy to the electors of the commonwealth and |
ally met the purpose OF its enactment is estab. |
shed by the many years it remained upon the |
latute books OF the state The authority TINS |
onierred upon the judges of the courts of q,ar. |
n sessions was seldom, ii ever. abused. The dis
retion reposed in the court by the act enabled |
TO impose the costs strictly in accordance /
nth the motives OF the contestants. The cleo. |
DTS OF Il district who, in good faith, sought 10 /
norce the sdcredncsS OF the ballot and to com.
cl the return Of a duly elected officer, would
vt hesitate under its provisions to institute a |
Iutest TO secure these objects. Such have been /
lc conditions which pcNaded under this legi,-
tion and its tendency has been to encourage |
nd protect the electors in an honest effort TO |
ave the legal result OF an election duly ascrr.
lined and declared Il is true that on some
lcasions the machinery Of the law thus estah- |