Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1916-08-23
PoeH& Gu
Pe~~o4GOaMa
By the committeeman

of William Leslie to GUST Mayor John
V. Kosek, of Wilkes-Barre. on the
ground that the mayor could not sue
coed himself as executive OF a third
class city and that he did not have
hfty-one per cent OF the vote at the
primary, which was announced last
night, contains an intimation hat the
petitioner should have taken appeals
to higher courts from the decisions in
Luzerne county, where he had raised
the same questions as he submitted TO
the States chief law OFFICER.
The case was watched with the
greatest interest in all of the third
class cities as counsel for Kosek con
tended hat the Clark act made a
whole new code for municipalities OF
that class and that the mayor could
succeed himself because there was no
prohibition.
In his opinion Mr.. Brown says:
ITO allow the use of the name of
the Commonwealth in quo warranto
proceedings now would simply be CIV
ing ar opportunity to permit the court
to pass upon these questions but the
court has already passed upon both
Of them and in neither instance was
an appeal taken. If the use OF the
name of the Commonwealth were al
Attorney General would be to direct
the proceeding in the county in which
the city of Wilkes-Barre IS situate
That would be a superauous proceed
ings insasmuch as that court las al
ready determined the question and.
nobody having had sufficient interest
to take an appeal at the proper mi
it appears to be a hardship to re-
quire Mayor Kosek to travel TO an
other county to sustain his right to
Office, which has already been ques-
ton, and which could have been I'm
ally and promptly determined by an
appeal from the action of the Luzerne
county court
There seems to have been no'pub-
lie interest awakened in Wilkes-Barre
for the purpose of having this ques-
ton finally determined when the ques-
ton was directly before the people,
and the application now made is by
one person.
For these reasons, without at
tempting TO decide the questions which
have already been passed upon by the
Luzerne county court, I am co~nstrain-
ed to refuse the use of the name OF
the Commonwealth in quo warranto
proceedings to test the right OF John
V. Kosek to hold the Office of mayor
OF the city of Wilkes-Barre."
People connected with the Office
OF Governor Brumbaugh to-day de-
clared that they did not have anything
at all upon which to base any state
ment that the Governor was i'll at his
summer home in Maine. Reports
were in circulation here to-day that
the Governor had a new attack Of gall
stones but there is no information here
that he is i'll. kilograms and letters
came from him or business matters to-
day. The late summer housekeeping
has been started at the Executive Man
sion and it is expected that the Gov
ernor will be back in Harrisburg about
September 10. He is scheduled for a
number of important meetings on
State finance and other subjects at
that time.
Attorney General Brown and his
STAFF have made the most exhaustive
study Of the problems attending vot-
ing OF soldiers and a good many inter-
esting things nave been turned up.
among them the fact that in both the
Civil and Spanish wars a compare
lively small number OF men voted.
II also appeared that the bill provid-
ing for the Civil War soldiers to vote
was offered in the Senate by Henry
Johnson, afterward president of that
body. He was the fa~ther-in-law OF
Deputy Attorney General Collins. 1t
also appeared that in the Spanish
War men voted in half a dozen States
and in Luzon.
The outcome Of the initiative and
referendum in the Jitney case in Har-
risburg is being awaited with much
interest all over the State, as IL will
be the first application of the prin-
ciple in a big matter under the Clark
act regulating third class cities. This
city has always been closely watched
for the operation OF n third class
city law because it was one of the few
municipalities successful under the old
act
Another interesting move has
just been made in Philadelphia where
Frank ]. Commiskey, formerly con-
nected with the State Insurance De-
partment, has been reinstated as chief
OF the Bureau of City Property. Com
miskey is a McNichol man and was
named to succeed William H. Ball,
now secretary to the Governor. His
ward did not go for the Brumbaugh
delegates and he was disciplined by
being taken out OF the place. He has
been put back. The politicians are
guessing.
Senator Franklin Martin is start
ing his campaign for reelection to
the Senate from the Cumberland
Perry, Mifflin, Juniata districts, and
his friends note with pleasure the
strong hold he has upon the people
of the four counties. The Senator has
been getting about and everywhere
finds much support. His opponent is
an unknown quantity in the minds OF
many people.
George Wagner Of Philadelphia
has been appointed to a place in the
State Banking Department at $40 pei
day. He is a Ware man.
District Attorney Slattery Of Lu,
zerne county has started a cleanup
of some sections OF his county. He il
going after some places near Wilkes,
Barre and several arrests have beer
made. The Delaware and Bucks au,
thorities are taking similar steps.
Senator Penrose appears to b,
worrying about the Democratic lead
ers at Washington a lot. He mad,
another speech yesterday in which h,
assailed the extravagances Of tn,
party in power and the highlands
use Of caucus methods. which uset
: to be considered by Democrats as
terrible thing. The Democratic lead
! ers retorted that the Senator wa
{ coming around to make trouble now
: but had been absent many times. TIL,
Senator replied that he was NOR
needed now when big things wer
going on.
The Philadelphia courts hav