The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1908-05-28
DECISION IN
KRICKBAUM CASE
Full Text of Supreme Court Decis-
ion in the Much Discussed
Case.
THE LAW FULLY OUTLINED

| Ill tHc hTlChDduu case Ill WulCu
Judge Evans was reversed and Krick-
baum declared the duly elected Asso-
ciate Judge has been received
| from the Supreme Court. It is in
full as follows:
''In the opinion of this court, in in
| dependence Party Nomination, 20S
Pa. 10S, Chief Justice Mitchell points
out that proceedings by certiorari on
summary petition occupy a middle
ground between those in common
law actions and equity suits. And
that the appellate court, i'll the exer-
else of the supervisory powers in such
cases will not stop with mere in
spection of the formal proceedings,
| but will examine the opinion of the
court below so far as may be neces.
| sary to ascertain the basis of It's ac-
| tion. This statement of the princi-
| pies and practice by which this court
Is governed in such cases was again
cited and approved in Chester County
Republican Nominations, 2t3 Pa. Ga,
| and it was further pointed out that
where the facts appear upon the
record this Court will examine
whether the judgment Is correct upon
such facts and may for that purpose
consider the opinion of the Court as
part of the record" See also Null
hollands case, 21S Pa. 631. The
opinion of this Court in Won Moss's
Election, 219 Pa. 454 Is also consist.
ent with this rule, and in that case
we took in to consideration the facts
presented, as found in the opinion of
the court below. In the present
case the facts are not disputed they
are found and presented by the trial
Judge as the basis of his action, and
1t becomes our duty to examine the
judgment to see IL 1t is correct upon
facts, and for that purpose, we take
them as set forth in the opinion of
the trial Judge as follows "Ths
petition OF George M. Hughes was
filed in this case on the 4th day Of
December, 1907, to contest the elec.
tion of William Klickbaurn to the
office of Associate Judge In the Coun-
ty of Columbia. At the general elec-
tion held on the 5th day of November
1907, in said county, an Associate
Judge was to be elected. On the
canvass of the returns by the judges,
it appears that William krickbaum
received three thousand forty-three
votes and that Geo. M. Hughes re-
ceived three thousand twelv, votes
The petition alleges that one hundred
and seven votes were cast for Will
liam Krickbaum, and that thirty-nine
votes were cast for George M
Hughes in Mifilin township at said
election, and that all votes cast at
said election in Mifflin township were
illegal and void and should not be
counted for either Krickbaum or
Hughes in computing the election re-
turns of Columbia County. That II
the votes cast at said election in
Mifflin township were not counted
George M. Hughes would have receiv-
ed twenty-nine hundred and seventy.
three votes and that William Krick.
baum would have received twenty.
nine hundred and thirty-six votes.
That George M. Hughes received
majority of the legal votes cast for
Associate Judge In Columbia at the
election held Novembed ), 1907. The
objection to the vote counted for
Mihlin township is, that the legally
elected Judge Of election was not
permitted to take part in the holding
of the election and that a usurper
acted as judge in holding said elec-
ton" The court below proceeds to
find specifically, a. That at the
February election, 1907, in said dis
trict Of Miffiin township, A. e. Jorn
son was duly elected as judge of
election to serve for thu ensuing
year. 2. That at the next following
election in said district, to wit, the
June primary election, the said A. e.
Johnson did not attend and that
thereupon one of the inspectors ap.
pointed Whitney Hess as the Judge
of election in the place Of Johnson,
and who, after being sworn, acted as
Judge during the said June primary
election. 8. That on the morning
of the general election held in said
township, ON the 9Th day of Novem
Der. 1907, before the polls were open.
ed the said A. e. Johnson appeared
at the regularly appointed place for
holding the elestion In said township