The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-12-11

lOIuiuS luc DutleS lue Oulteu
States Court Assigned to Them-A
Majority Of the Court Refused to
Issue the Restraining Order.
The court of this county was yester-
day asked by Attorney c. Balentine,
acting for George Howell, who Is alb
sent from the city, to issue an injunc-
ton restra lining the commissioners APP
pointed under the order made Monday
by Judge II. w. Archibald in the Uni
ted States court. from bringing in the
ballot boxes containing the ballots cast
at the election of Nov. 4.
These ballots will be needed to de-
termine the contest now pending be-
tween Mr.. Howell and Hon. William
Connell for the office of congress. I'm
der the law. unless otherwise ordered,
the ballots would have to be destroyed
that the boxes may be used at the Feb
rlary election. The contest will not be
disposed Of by that time and it became
| necessary to officially preserve the bal
lots.
On Mr.. Connell's petition Judge Arch
bald, of the United States court. where
all federal matters are heard, Monday
made an order directing that the con-
testant and respondent each name q
commissioner to have the power to
open the ballot boxes in the several
election districts and remove and seal
up the contents, properly marking them
for Identification, or to bring in the
ballot boxes. The boxes or ballots We're
to be deposited with L. r. w. Searle,
clerk of the United States court.
An Objection Raised.
Mr.. Howell's attorney wanted 1.-The
ballots deposited in the court house,
but as Judge Archibald has no author
ity over county property or over coun-
ty officials he had to decline to accept
the suggestion and named the clerk of
the district court, the legal custodian
of all its papers, as the proper person
to take charge of the ballots.
On Tuesday Mr.. Howell named Attor-
ney John j. Toohey as his commission
er, and Mr.. Connell named Attorney
p. w. Stokes. The appointments were
confirmed by Judge Archibald.
When Mr.. Connells appointee was
him and read a paper which made a
savage attack upon Mr.. Stokes. 1t was
not in the form of an affidavit and was
unsigned and Judge Archibald refused
to consider it.
II have known Mr.. Stokes for twen-
ty-five years." he said. "He was a
student in my office and I have known
him ever since at the bar. I do not
believe the things which YOU have said
concerning him.
Having failed in their effort to deny
Mr. Connell the right they had taken
advantage of themselves, namely to
appoint a commissioner who would
watch his interests in the gathering
and sealing of the ballots the Howell
ties turned to other fields.
Yesterday Messrs. Stokes and Too
hey began the work of gathering the
ballots. Their first step was to call
upon the county commissioners and
ask for the keys of the ballot boxes.
Wouldn't Give Them Up.
John j. Durkin, Democrat. and mi
nority member of the board of conf
mssoners. is the chairman and has
the custody of the keys. He refused
to give them up, Notwithstanding that
John c. Morris and John Penman, the
other members of the board, requested
him to do So
Messrs. Stokes and Toohey then ap-
piled to Judge Kelly for an order to
compel County Commissioner Durkin
to hand over the keys. He consulted
with the other judges and they rnani-
mously decided that the court had no
authority to make such an order. The
court would only have power to direct
the commissioners to do something as
the result of proceedings regularly
brought against them.
Not being able to get the keys, the
contents of the boxes could not he re-
moved and sealed by the contest COM
missioners, and they forthwith, in ac-
cordance with the order under which
they We're acting, proceeded to bring in
the ballot boxes.
This action of Commissioner Durkin
means that the ballot boxes will not be
available for use at the February cleo
ton. and the county will have to spend
$1,000 to replace them.
Part of the Plan.
the refusal of commissioner DurEin
was in accordance with a plan of oper-
ations that had been laid out by How
ellis chief adviser and which was being
carefully developed step by step. If
the contest commissioners could not
get the contents of the boxes they
must, of course, take the boxes in pur-
suance to the order they We're acting
under
That's where we will have them"
said the chief adviser. "The United
States may have the right to take the
contents of the boxes. but when it tries
to confiscate the boxes, which are the
property of the state, things will be
in shape for the local courts to lock
horns with the United States court and
then there will be things doing. We
can restrain them by injunction, and
the ballots will stay just where they
are, since our commissioner has the
keys and won't give them up"
Messrs, Stokes and Toohey having no
alternative, started after the ballot
boxes, and Mr.. Balentine proceeded, in
accordance with the plan of campaign,
to place in his coat pocket the injunc-
tion papers he had prepared and hasten
to the court house to apply for an in
junction. Judge Newcomb was on the
bench in the main court, so he went to