The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-11-04

The poor board muddlc is practically
solved. In an opinion handed down
yesterday President Judge II. NJ. Ed
wards decided that it is possible to
hold a valid election for poor director
in the territory comprised in the old
Hyde Park borough and that James A.
Evans is entitled to the office now
held by DR.. w. A. Paine. and to which
he was elected last February. The
opinion to the respondents answer in
the quo warranto proceedings of the
commonwealth of Pennsylvania eX. rel,
w. r. Lewis, district attorney, VS.. w.
A. Paine.
Heretofore in the Deckert case Judge
Edwards decided that the office is cleo
tive and the decision OF yesterday
shows that Hyde Park can legally elect.
1t now remains for the claimants from
the other districts to show, If they
can. that it is possible to conduct a
legal election in them. 1t is believed,
however. that the original lines or the
other districts have been so effaced that
legal election is no longer possible
and the office will have to be filled by
appointment until there is some legls-
lation that will remedy the existing
condition of affairs.
The opinion handed down by Judge
Edwards yesterday follows:
The Opinion.
This cause was heard on demurrer 10
the answer of respondent. BY we'll
known rule of pleading, the matters that
are properly averred in respondents an
swcr must bc taken as admitted. IL 1ol-
lows, therefore, that there is not ana
could not be. any disputed question OF
fact to he considered by us in our discus
sion of the question now before us.
Three questions only require our con-
sidcraton: CD Is the Office of poor direc-
tor elective under the legislat ton apple
able to the Scranton Poor district? %
Is it possible to hold legal election Tor
poor director in the district comprising
the former borough of Hyde Park? t9
If the Office is elective and a legal cleo
tion be possible. should the election be
held in February?
T. Is the Office of poor director elective?
This question has been sQuarcly decided
by us in the case of Commonwealth cN
rel, etc. VS. Dckcrt. 1875 Pa. 23i. For
1ull discussion of this point we refer to
our opinion in that case. In our iudg-
mcnt the question is res adiudicata.
II. Is is possible to hold a legal election
for poor director in the district compris-
ing the former borough of Hyde Park?
It appears to us that this is the only
question of any Importance in the present
discussion.
The Hyde Park borough was incorpor-
ated by act of assembly i'll 1867. The
whole borough constituted one election
district and therefore had only one poll
ing place. The Scranton Poor district
was incorporated by ac, of April o. 1S2
p. J.. 1852. Section 20 of this act provides
that the borough of Hyde Park may at
any time elect to become d part or the
poor district The borough awaited itself
of this privilege and became a part of
the Scranton Poor district in 1869, and was
entitled to elect one director of the poor
The City Incorporated
In 1856 the city of Scranton was incor-
porated uniting several municipal bodies,
among them the borough of Hyde Park.
III the course of time and with the growth
of population, new wards and election
districts of the city of Scranton We're
created. 50 that after awhile Scranton
had twenty-one wards and many more
election precincts How did these changes,
tho multiplication of wards and election
districts affect the old borough of Hyde
Park? Did they affect it any further
than to increase the opportunities for the
electors living within the limits OF the
former borough to exercise the elective
franchise"
Ii this was the only result, what diff
ference did it make whether the electors
voted al one polling place or at twenty?
What are tho facts or this point" The
territory comprising the borough was
finally carved into SiN wards. viz, the
Fourth, Fifth. Sixth, Fourteenth, Eff
1centh and Eighteenth. These wards in
cluled the whole borough. no more, no
less. These conditions existing we see no
reason why the electorate of these six
wards could not have elected a poor di-
tr,,,