The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-04-18
that time a new council will be ap-
pointed.

ACKNOWLEDGEMENTS W lhIS clleCI NdS
made yesterday in the following opin.
ion by President Judge Edwards:
In Re: Complaint Of the Taxable Citizens o
the Borough of Dickson City to Vacatc thu
Seats Of the Members of Council.
The Act OF 1907, p. l.. g.. provides that if
borough council shall fail to organize for tn.
transaction Of business within ten days after thu
time fixed by law for the organization, the court
may declare the seats Of the delinquent council
men vacant and appoint others in their stead.
A petition was presented to lis by ten of the
taxpayers and citizens Of the borough Of Dickscr
City alleging a failure to organize on the part
OF the borough council Of that borough. A rule
was granted to show cause why the councilmen
should not he removed and a hearing was had
before the three judges.
Before proceeding to a discussion of the case,
it is proper for us to state that the court will
not exercise tue power vested in it by the act Of
assembly referred to without giving the deliu.
quent councilmen a fair and full opportunity to
comply with the law by organizing for the tran.
saction OF business. On account OF a misappre.
hcnsion as to the status Of the alleged board of
five. there has been no attempt to organize by
the eight councilmen whose title to their offices
is unassailablc. These eight men have not at
any time met together. 1t is their duty to meet
and organize the borough council. We propose
=" S''S ava ~ oIlottuuity pSiclG luz
their seats vacant. We shall now discuss the
facts Of the case, as they were developed at the
hearing.
HAS MINI MEMBERS.
l. The Dickson City borough council is COM
posed Of nine members The terms Of office of
four OF them expired last month. There were,
four vacancies. FIVE OF the old council
men holding over. There were only three coun.
cilmen elected last February, there being a tie
vote In the First ward, between Refs and Riley,
for the fourth vacancy. Therefore, the borough,
on the third Of March, when the councilmen met
for preliminary organization, had eight legal
councilmen.
.. At the preliminary organization, on March
3rd, the following councilmen were present:
Richards. Henry Mccarthy, John Kru.
chanck, Henry Hager and Conrad snyder-a ma
jority Of the whole council. The credentials of
the new members were called for. 1t seems that
the credentials Of Conrad Refs, one of the new
were received without question. When
Steven Beddoe's credentials were presented, CD.
lection was made because Beddoe was then a
member Of the board Of health, an office incom.
patib!e with that OF councilman. The creden.
tials were rejected on this ground. This was the
mistake made by the council. The election
OF Beddoci as councilman, his acceptance OF the
office, his presentation of his credentials and his
desire to be sworn as such council
man, was, in effect, an abandonment by him
Of his position as member of the board OF health.
The council should have allowed Beddoe to take
his seat. The council then proceeded to com.
nit their second mistake, by rejecting the ere.
OF j. G. Hufnagel. Mr.. Hufnagel ex.
hibited his certificate Of election and his oath
81 Office. Through a clerical error, the JUSTICES
iurat was dated March instead OF February. Oh.
lection was made on this ground, and Mr.. Hut.
nagel's credentials were rejected. While there
might have been some reason for a misapprchcn.
OF the law In Beddoe's case. there could
nave been none in Hufnagel's case. The refusal
10 recognize llufnagel's right to a seat was the
,aldest kind OF error on the part of the council.
The clerical mistake could have been immediate.
y corrected, or the new member could have
,een there and then sworn by the burgess, who
vas present.
NETT TIE MEETING.
3. Apparently incenscd by tho action Of coun.
in rejecting the credentials Of Beddoe and
Elufnagcl, two Of the old members. Henry Hagcr
md Conrad Snyder, left the council room and
vent outside OF the building. It is on this point
hat there is a serious conflict in the, testimony.
Many witnesses testify both ways, but the
Judges who heard the testimony agree that the
Of the evidence sustains the contention
hat Hager and Snyder left the building when
he credentials of Beddoc and IIufnagcl were re-
ected, and before anything c:sc was done and
before there was n permanent organ.
zation. The result was that there were only
our councilmen left in the room, less than a
majority and, OF course, less than a quorum,
These four councilmcn should then have ad-
burned until a quorum could be secured.
:. Instead OF adjourning for a quorum, the four
'0uncilnlen proceeded to organize permanently,
nd filled the vacancy which had occurred in one
4 the wards by reason OF Il tie vote, by the ap-
continent Of N, Riley. II the appointment of
ir. Riley was valid. then the organization Of
he council was legal. We are aware that a
no warranto proceeding is the proper method
o determine title to an office. This is true as
general rule. II Riley had been appointed by
legal body-by a quorum OF the council, the
'osition would be correct, but rs We view the
natter. there was no body with power, in law,
o appoint. II four men can name a fifth in
rier TO make a quorum and secure an organiza-
then one man can appoint four 10 accom-.
the same purpose. Tho difficulty in the
no valid appointment 10 nj the va.
ancy: and, therefore, further, there was no or.
OF the borough council.
8. Having reached the conclusion that there
as been no organization Of the borough council
a Dickson City borough, the next step will 10
0 declare the seats OF the councilmen vacant
nd to appoint a new council. We shall not
rake such an order now. We propose to give
he eight councilmen an opportunity to meet
nd organize the council. After they have met
nd organized, they can MI the vacancy. Unless
e are informed that an organization has been
dected, In accordance with this suggestion, we
Aall make a final order in the case on Monday,
pril %. 1902.