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

Exercising the preroGative conferred
upon him by the Scranton Poor Dis
trict act of 1866. President Judge Ed
wards. yesterday, appointed Thomas
Shotton and Frederick Fuller as poor
directors to fill vacancies, respectively.
in the Providence township and old
North ward districts Of the Scranton
poor district. In an opinion accom-
panying the appointments he says
there are. manifestly, no vacancies in
the Providence township, Dunmore bor-
ough and Scranton Middle ward dis
tricts at this time, and as to the South
ward and Hyde Park borough districts
he declines to say whether or not there
was a valid election.
In declining to make appointments to
these two latter districts, the judge
says that the question as to whether or
not there was a valid election in these
districts last February must be left to
future adjudication.
This suggests that Attorney John j.
Murphy, Democrat, and james a.
Evans, Republican, who We're elected
from the South ward and Hyde Park
districts, respectively. last February,
should go into court with quo war
ranto proceedings 10 prove tlieli title
to a seat by election.
Mr.. Murphy will decline to accept
this suggestion, contending that 1t is
some one else and not he who should
take the initiative in testing the valid
ity of his election. He purposes to so
to the poor board meeting this after
noon, occupy the seat from the South
ward and remain in it until some one
comes along with decree OF the court
ordering him out of 1t. He argues that
he was returned elected to this seat;
that the court refuses to say there Is
any vacancy in the seat that the APP
pointive power could fill, and that con-
sequently. he is the de jure occupant.
Mr., Dckert who, at present Occu-
pies the seat. will essay to continue in
it on the ground that the law provides
he shall serve until his successor is duly
qualified
The opinion OF Judge Edwards is
given below in full:
JUDGE EDWARDS OPINION.
As there is considerable misrepresentation among
the public and the parties interested in the Affairs
oi the Scranton Poor district, ! deem it proper
to make an explanation and give my reason, Tor
making certain appointments and declining to
make others in certain districts.
In an opinion to he found in full in the
OF the commonwealth vs., Dickert. lo5 Pa asi, it
Was decided that where there possibility
of election, the office OF poor director OF the
Scranton Poor district was elective and not APP
pointivc. This view was sustained by the ~u.
prcinc court. At the end of the opinion in the
said case, after discussing the law involved,
used the following Languages,
nat, La In II,
necessary for the disposition of the present case,
But we cannot avoid commenting upon the com,
plicaions that will surely arise in the future. 1t
is questionable whether, under present conditions,
il is possible to hold a valid election for poor
director in any OF the districts described in the
act OF 1862. For thirtythree years the poor dirrc
tos have been appointed and not elected. During
this period the lines OF election districts and
wards have been changed and the integrity Of the
old poor districts, especially as to the machinery
for holding elections for poor directors, has been
destroyed TO great extent
"A part Of a district cannot elect poor dircc
tor. spasmodic attempts have been made to elect
a poor director from the old South ward, but as
far as we can now see, although the question j.
not before MS, there could not have been valid
election, There has not been in existence tor
several years for the purpose OF an election Il
political division OF territory answering 10 the
, district known az the South ward. II may he
that the president judge must continue TO eyer
else the undesirable prerogatiye OF appointing
poor directors. until new legislation relieves the
situation and brings The poor district out OF its
| present chaotic condition.
"Thc energies OF the parties interested in the
solution OF this question sloi.ld be directed to
the legislature and not 10 the courts We under.
stand that there are now four vacancies in the
poor board. These must he ied by appointments
in the usual way as the law now stands, because
Al,
information filed in this ease, Mr.. Murphy claims
to have been elected from the South ward in lsDs
"Whe We cannot consider this question in
these proceedings, nevertheless II Is manifest that
there could have been no valid election at that
time, because the machinery for holding an elcc.
tion in the South ward, even By combining TO.
gether several OF the present wards and election
precincts, was not in existence. In addition 10
this. the proper period for holding election in
that district. II such election could have been
held was in 1899. These suggestions are made
tentatively and are not to be considered binding