The citizen. (Honesdale, Pa.) 1908-1914, 1913-11-11
DECISION OF HOLLISTERVILLE
JUSTICE REVERSED
DISPUTE OVER ACT OF 1000
THREE SCRANTON MEN AR
RESTED FOR SPEEDING.

Squire Hollister Found No Cause
of Action and Dismissed Case But
Imposed Costs on Men-John f..
Scragg Represented Them.
Judge A. T. Searle sitting at a
special session of argument court
Monday morning, reversed the de-
cision of Squire Hollister, who, af-
ter discharging Rollo G.. Jermyn, A.
j. Connell and Cyrus D. Jones, of
Scranton, after they had been ar
rested for speeding, placed the costs
upon them.
Scragg & Scragg, the Scranton law
firm, represented the three Scranton
men.
1t was alleged before Squire Hol-
lister on the information of Lloyd or
Floyd Lawrence, that the three men
were arrested while driving an au-
tomobile in Salem township. They
were charged with violating the Act
of 1909 in exceeding the speed limit.
They were arranged before Squire
Hollister on Saturday, Sept. 10. The
prosecutor did not appear and after
hearing the evidence the Squire rul-
ed no cause of action, dismissed the
proceedings but imposed all the
costs upon the three defendants.
Scragg & Scragg asked the Court
for permission to take out writ of
certiorari to bring the proceedings
before the judge of the Wayne coun-
ty courts, and this was granted.
Monday morning the attorneys for
the defendants were heard by the
court and the decision of Squire
Hollister was reversed on the
grounds that the proceedings were
irregular and therefore void.
That the information charged the
defendants with violating the act of
1909, whereas at the time the pro-
ceedings were instituted, the act
of 1909, especially as to it's penal
provisions, had been repealed by the
subsequent act of July 7, 1913.
That the law regulating the speed
of automobiles gives the magistrate
no power or authority to find de-
PENDANTS mot guilty" and dismiss
the case while at the same time i'm
posing costs upon them.
Court Notes.
In re petition for the appointment
of a guardian for George Mogridge,
a person of feeble mind. Evidence
heard and D. r. Denney appointed
guardian under bond of $500.
In the matter of the lunacy of
Frank e. Shaffer. Witnesses heard
as to his condition to take care of
his property. Shaffer is confined
at Rittersville. Edward Deitzer ap-
pointed guardian under bond of
$500.
Subpoena in divorce case of Floyd
Dayton, libellant, VS.. Dorothy Day.
ton, respondent, awarded, return
able next term of court.
Petition for rule on school direc-
tors of Canaan township to show
cause why they should not open the
school at Farview district. The pc
tition stated that there were II chill
dren in that district of school age
who lived over two miles from the
present school. Rule granted.
Court ordered that trial list for
the January term be made on Mon
day, December 20.
Court ordered that 500 names be
selected from the voters of county
and be placed in jury wheel to be
jurors for the year.
1t was ordered to select twelve
men for grand jurors to meet on
Jan. 12, 1914; also 4S as traverse
jurors to meet on Jan. 10, 1914.
VIM. H. Nevin VS.. M. Ella Nevin
ct al. Report of master continued
with permission to report at the
January term of court.
Viewers were appointed in the
case of Page VS.. the Ontario, West
-ern Railway Company.
The condemnation proceedings
between Dreher poor district and
Sterling poor district, was argued
by the attorneys for each side.