The star-independent. [volume] (Harrisburg, Pa.) 1904-1917, 1915-03-11
SUPERIOR court Denies
EMbElzLEMENT APPEAL
Swah. Who Was Attached co the
Northumberland County Treasury.
Must Stand sentence-Justices Ad.
journ, to Meet in Pittsburgh

The Superior Court this morning held
its final meeting of its present session
and. after hearing argument in the last
ease, handed down number of opn-
ions and adjourned, to meet in Pitts
burgh in April. One of the decisions
made by Justice Kephart was in n
Northumberland county ease, wherein
Swab, who was connected with the
Northumberland eounty treasury and
was convicted of embezzling county
funds, made an appeal for new trial.
1t was denied and he was ordered to
appear for sentence. Justice Kephart
went over the facts in the ease at
length and found that there was moth.
ing in the appeal TO Justify a reversal
of the court below, and he decided
against Swab. Justice Kephart also
affirmed the Delaware county court in
the appeal of Evans, and in the case
of Floyd VS.. the Lehigh Valley Rail-
road Company reversed the court below
and ordered n new trial.
Other opinions handed down were as
follows:
BY Justice Trexler-Harry Euelson s
appeal, Lancaster, affirmed; estate of
Gideon Wagner, appeal, No. 1, Lebs-
non. affirmed; same, No. 2, appeal dis.
missed; Joseph W. Balm VS.. Ben $
Creek Coal and Coke Co., Blair, appeal
dismissed; Margaret A, Wilson estate,
Lancaster, appeal dismissed; VIM. w.
Elzea VS.. Herbert H. Brown, Phila-
delphia, affirmed.
Bv Justice Orlady-Estate of l.
Newton Snively, Philadelphia, affirmed;
Herbert DeLong VS.. Lehigh Valley
Transit Co., Lehigh. affirmed.
Per Curiam-Robinson VS.. Harshaw,
ct al, Philadelphia, rule to advance
discharged and petition dismissed; Fin
froek VS.. Northern Central Railway
Co., York, petition denied; Mary P.
Loy VS.. International Mercantile Man
ufacturing Co., Philadelphia, reargu-
ment allowed; petition of Frank Kuss,
Luzerne, petition refused; Leon Holz
and Alexander Rosenblum VS.. Charles
A. Smyth. appellant, petition for rear
gument refused,
The last case argued was the liquor
license ease appeal of Beardsley from
the decision of the Bradford county
court. Beardsley was enc of the appli-
cants for a license at the last court
and his license, as were all others, was
opposed on the ground that the appli-
cations had not been properly adver-
tised. On this ground the court re-
fused all of the applications. Rodney
A. Mercur appeared for the appellant
and argued that the Brooks high license
law did not intend drastic action such
as was taken by the court when mis-
take had been made in the advertising
of an application. Former Congress
man Horace B. Packer, for the appellee,
held that the court had simply carried
out the mandate of the law and was
justified in refusing the license, and
quoted numerous authorities in support
of his position. The court took tine pa
pers and will hand down an opinion at
the session in Pittsburgh.
No decisions were handed down IN
the Dauphin county cases argued this
week, and they may be expected to be
heard from when the court sits in
Pittsburgh two weeks from now. These
include the ease of Athens George,
proprietor of a Market street motion
picture theatre, who took an appeal
from the Dauphin county courts deci-
sion regarding the segregation of ne
gro patrons of his house.