The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-02-06

Judge II. w. Archibald yesterday
afternoon conducted a hearing IN the
Lackawanna township election contest
case, and at its conclusion declared the
primary election OF Friday, January IL,
to be invalid. The hearing was the re-
suit of q petition from the defeated
faction of the South district. which
alleged that Messrs. Lowry. Joyce,
Nallin and Jennings. candidates for
supervisor, school director, assessor
and treasurer respectively, received
their nominations through Illegal
means.
John ]. Coyne. Inspector Of election
in the South district, is the recognized
head OF the victorious faction, and is
president OF the board of twelve con-
ferees 1t was brought out at the hear
ing that Coyne, at the close of the bal
loting refused to allow the votes to be
counted and entrusted the ballot-boX
to Squire O'Neil, the fathcr-in-law OF
Lowry. They remained in his
possession until several days later,
when they were finally counted, and
| the full returns received and nomina-
tion papers filed and certified to by
Coyne and r. l.. O'Neil.
Counsel for both factions anticipated
that court would declare the election
| illegal, and Monday papers were filed
| by the Coyne nominees ON the Citizens
| ticket. and by the other side, as repre-
| sentatives of the Independent party.
Judge Archibald, in ruling on the case,
| said:
| JUDGES COMMENT.
"Thc nominations In Lackawanna
township have never stood test
when brought to law, and this case is
! no exception. Everything connected
| with 1t Is invalid. Granting the de-
fense true that the polling place was
| in a state of uproar at the close OF the
| polls, It would not excuse the post
| ponement of the counting of the ball
| lots. If there was a disturbance, still
it would not have prevented the elec-
| ton officials from retiring to some
| quiet place and there examining the
papers. The Judge of election had
no right to dispose OF the ballots as he
| did l believe there was no action
| which prevented recording Of the vote,
save the action OF the judge of elec-
ton himself.
| Moreover. do not see how the con-
ferees can delegate their power. They
| cannot deputize their judicial power
any more than Il judge Of this court
can, and their action was entirely ille-
| gal in deputizing Coyne and O'Neil to
receive returns and certify the papers.
The whole thing has been wrong, and
for the sake of regularity 7 shall order
the entire township election 20 be set
! aside"
There was some delay in getting the
| hearing started, as Attorneys Donahoe
and Martin, who appeared for Coyna
ct al, moved that the objections to the
election be stricken off, as full and
proper summons Of time of the hear
ing and a copy of the petition had not
been served on each and every one OF
the interested parties. Counsel for the
prosecution, Messrs. Newcomb, Quin-
nan and Conry, however, contended
that this was due to the action OF sew
eral of the candidates, namely, Joyce
in evading the serving OF the summons
The latter was only located yesterday
COYNE EXAMINED.
Judge Archibald ordered the case Il
proceed, and Attorney Newcomb called
for ross-eXamination John j. Coync
The latter testified to being president
of the board OF twelve conferees, who
are elected from each OF the four dis
tricts, and whose duties are to appor
ton election officers TO the various dis
| trictS, name day of the caucus, and Il
file and certify the papers of nomina
ton. January 9 q meeting was held
and Friday, January II, decided upoT
as the day for the primaries. Coyn'
was president and =. j. O'Nell wa!
chosen secretary to take the place %
Secretary Durkin, for convenience sake
in order that Durllin, who lives in on
OF the outer districts, would not h,
compelled 10 travel several miles t
sign the nomination papers.
BY motion of the conferees, Coyn
and O'Neil were chosen to receive th
returns and certify the nominatlo,
papers. Coyne also was judge of elec
, ton in the South district, and T. +
/ Coyne and ONeil We're inspectors. o.
the day Of the primaries the vot
wasn't recorded, as there was a riot ii
the booth, and finally Squire ONei
was entrusted with the ballot-boX an,
left the scene. The next Monday wa
chosen as the day for counting tn
ballots in Squire O'Neils office, an,
, notice was sent the candidates to b
present. Saturday Coyne appeared be
fore the grand jury, on Il township
matter, and, of course, Sunday WASH
a day for the work.
NtIrI,,T,I \rr, Non, III'J II