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

alton of the gravity Of the proposed
step--the enjoining of the United States
court-suggested that the matter be
discussed before the full bench, and at
Ais the formal application was made
before Judges Edwards, Kelly and
Newcomb in the main court room.
Howell Absent from City.
In applying for this remarkable in
junction--the like of which was never
before asked for in this country so far
as is known-Nr. Balentine said that
Mr. Howell is absent from the city and
state, and as his attorney he had pre-
pared the injunction petition and sworn
to it, believing he had that right. Mr..
Howell, he said, had no knowledge Of
the proceedings.
The first petition for the injunction
served on Mr.. Connelrs attorneys, r.
III. Holgate and Ezra II. Connell, had,
it developed later, the name of George
Howell signed to 1t. They refused to
accept service of 1t, observing that the
signature was only an imitation Of
that of Mr.. Howell, and the petition in
the name of Mr.. Balentne was then
prepared.
Mr.. Balentine told the court that IL
the commissioners were allowed to take
possession of the ballot boxes, great
and irreparable injury would be done
Mr.. Howell. He did not specify what
the injury would be, but proceeded at
once to make an assault on the char
acters of T.. r. w. Searle. clerk of the
United States court and Commissioner
p. w. Stokes. Judge Edwards stopped
him with the remark that the court
was only interested in the question Of
it's jurisdiction in the matter of grant,
ing the injunction prayed for.
The Revised Statutes.
Mr.. Balentine read the revised United
States statutes with reference to cleo
ton contests, and maintained that they
nowhere gave Judge Archibald the au-
thority to make such an order as he
issued to the commissioners, and as his
act was without authority it was the
duty of the county court to issue the
injunction prayed for and prevent the
confiscation of the ballot boxes of the
state, which, it was alleged, would be
to the irreparable injury of Mr.. Howell,
still no specification of the nature OF
the injury the taking of the boxes
would entail. The contents seemed to
have been relegated to Il secondary
place.
Mr. Holgate, in reply. said that in
his opinion the local court had no ,jur-
isdiction in the matter whatever The
election of congressman and the pro-
cedure as to contests are regulated by
federal laws and nothing in connection
with them can come up in the state
courts. The proper person to appoint
the commissioners was the United
States judge, and the proper custodian
of the ballots the United States Off
cials.
Mr.. Balentine maintained that the
judge or other official appointed to hear
the testimony in the contest was the
only one authorized to take possession
of the ballots or appoint anyone to do
so, but Mr.. Holgate combatted this
view and said it was undoubtedly the
right Of a judge of the United States
court to do 1t.
What powers do these commission
ers have?" asked Judge Newcomb.
Mr.. Holgate replied that under the
order of Judge Archibald they have 1he
right to take the ballot boxes and their
contents.
DO you mean that any court has the
right to take these ballot boxes and
carry them away to Harrisbme?"
asked Judge Newcomb. "Tf you do.
you will have to bring up some strong
authorities to convince me that you are
correct" he added.