Year: 1869

Supreme Court in Banc-Chief Justice Thonip-


son aud Judges Read, Agnew, sharswOOd,


and Williams.


The special session OF the Court In Banc was
opened this morning


THE REGISTRY CASE.


Charles M. Gibbons, Esq, called the attention OF
the Court to the appeal taken from the decision OF
Judge Sharswood upon the constitutenality of the
Registry law and asked when the Court would hear
the argument, saying it was a most important


The Chief Justice said that the case was upon the
list in regular order, and would be called when


Judge Read said that he most seriously objected
to having case OF so great iCportance placed at
the foot of the list. lt was the most important mat
ter before the Court, and he certainly thought it
should be heard at once


The Chief Justice said that he did not know that
the case had been placed ut the foot OF the list


Judge Read-lt Is at the foot of the list, and do
not see why preference should be given TO another
Of AOt half so much weight


The Chief Justice-I do not understand the reason
for this mputation that wish to get rid Of any case
before the court. say this matter Will be heard In
its regular order and there Is no reason for devia
tion from the rule.


Chief Justlce-There is, and ii is very improper.
is already called, which, upon the list, has
precedence to this, and when II Is concluded, II no
other intervenes, the Registry case viii be heard
right away.


a majority OF the court can call a case.
Chief Justice-I am aware Of that but this is the
most extraordinary thing have heard since Ihave
William NJ. Meredith ESQ.,, suggested TO the Court
that 1t was usual to give cases of great importance
preference in point OF the time Of hearing.


The Chief Justice said he did not like to see the
Court thus importuned to call Immediately
out of its regular order as If it were trying to avoid
Mr.. Meredith assured the Court that he had enter
tanned no such idea.


pleasant character and was finally concluded by the
Understanding that upon the first upon the list
the registry question should be heard II other in
tervened.


THE TwENTY-NETH JUDICIAL DISTRICT.
The Commonwealth VS. James Gamble. QUO
warranto. This was the case which had precedence
to the registry upon the list. Having raised
preliminary question as to which party had the right
10 open the argument, the defendant upon his own
demurrer, or the Commonwealth by right OF some
prerogative; and having decided it in favor of the
defendant, the Court proceeded to hear the case,
which then opened by Judge Strong for the de
fendant. The facts Of the case these AT the
suggestion OF the Attorney-General, the Common
| James Gamble to show by what authority he exer-
cised the rights and privileges OF President Judge OF
M MIhe Court OF common Pteas OF Lyfomng county
| 2sth OF February, 1885, Lycoming county was part
OF the Twenty eight Judicial district that day
1 an act Of Assembly was passed by which Lyc0ming
| county was detached from the Twenty-eighth dis


trict and erected into the Twenty-nnty Judicial


district this act Of Assembly directed that


on the second Tuesday of October the
| following, the electors of the county should


proceed TO choose President Judge OF the court so
the defendant James Gamble, to the position, and
| he was duly commissioned and sworn as President
Judge OF the Court of Common Pleas OF Iycoming


county, and by virtue of his commission and oath he


has to the present day exercised the rights aud dis


charged the duties OF the office. This plea the Com
| mOnWealth did not traverse but by way OF confess
sion and avoidance replied that the act OF
| March 16, 1862 repealed the act OF February IS,
is4s, and Lycomng county was thrown,
| not back into the old Twenty-eight, but into the


Fourth Judicial districts and as there Is now such


district as the Twenty eight, therefore the defend
| ant can no longer act as President Judge OF such
| TO this replication the defendant demurred aud


thus presented the question: whether this latter act


operative TO deprive Judge GamDe OF the rights
| OF President Judge Of The Common Pleas OF LycOm-
1 ing county, the Commonwealth maintaining the
| affirmative, and the defense the negative.
| The argument WAS still under way at the close Of
| our repOlt