W mm VOL 43. RL O OMSD UR G PA., THURSDAY JANUARY 23, 1D08. NO I II III1 Mil? ADDING NEW ACCOUNTS AT THE Farmers National Bank. CAPITAL AND SURPLUS $I5O.O0O. We are constantly adding new accounts and our business is increasing at a very satisfactory rate. If you have not al ready opened an account with us, we invite you to do so now. 3 Per Cent. Interest Paid on Time Deposits. In Point of Business Success and Financial Strength this Bank Occupies Front Rank. C M. CKEVEMNGr, Pres. Krickbaum Ousted. Judgo Evans Throws Out the Mifflin Vote and Declares Hughes Associate Judge THE OPINION IN FULL On Monday morning Judge Evans read nti opinion in the Asso ciate Jiule contest, in which he threw out the vote of Mifflin town ship, and declare! Geo. M. Hughes, republican, Hie duly elected Asso ciate Judge in place of William Krickbaum. In answer to a ques tion from Fred Ikeler, Esq. Asso ciate Judge Veager said he con curred with Judge Kvans. The fol lowing is the opinion iu full : "The petition of George M. Hughes was filed in this case on the 4th day of December, 1907, to contest the election of William Krickbaum, to the office of Associ ate Judge for th; county ot Colum bia. At the general election held 011 the 5th day of November, 1907, in said county, an Associate Judge was elected. On the canvass of the returns by the judges, it appears that William Krickbaum received 3043 votes, and ihat George M. Hughes received 3012 votes. '"The petition alleges that 107 votes were cast for William Krick baum, and that thirty-nine votes were cast for George M. Hughes in Mifflin township at said election, and that all the votes cast at said election in Mifflin township were illegal and void and sho Jd not be counted for either Krickbaum or Hughes in computing the election returns of Columbia county ; that if the votes case at said election in Mifflin township were not connttd, George M. Hughes would have re ceived 2973 votes aud that William Krickbaum would have received 2936 votes; that George M. Hughes received a majority of the legal votes cast for Associate Judge In Columbia county at the election held November 5, 1907. "The objection to the vote const ed for Mifilin township is : That the legally elected judge of election was not permitted to take part is holding the election, and that usurper acted as judge in holding said election. 'From the petition, answer and testimony we find the folio wing facts : "1. That at the February elec tion, 1907, in said district of Mifflin township, A. E. Johnson was duly elected as the judge of election, to serve for the ensuing year. "2. That at the next following election in said district, to wit, the June primary election, the said A. K. Johuson did not attend, and that, thereuion, one of the inspec tors appointed Whitney ness, as the judge of election iu the place of Johnson, aud who, after being sworn, acted as judge during said June primary election. , "3. That on the morning of the general election held in said town Bhip on the 5th day of November, 1907, before the polls were opened, the said A. E. Johnson appeared at the regularly appointed place for holding the election in said town ship, and demanded to be sworn in as the regularly elected judge of election. "4. That the other election offi cers refused to administer the oath to the said A. E. Johnson, and fur ther refused to allow him to sit upon said election board, aud per form the duties enjoined upon him as the regularly elected judge of the election board for said district. '5. That the said A. E. John son persisted in demanding his right to sit as one of the said elec M. MILLEISEN". Cashier. tion hoard, but notwithstanding his demand Whitney Hess was sworn in as judge of election by the min ority inspector, and then, said Whitney Hess and the other mem bers of the board, proceeded to con duct the election without Johnson, and received the votes cast at said polling place, counted and made return of the same without the said Johnson participating therein. "6. That Whitney Hess acted as judge of the general election held iu Mifflin township Novemlier 5, 1907 ; that he was not the regu larly elected judge of election tor said Mifflin township; that he was not appointed judge of election to hold the November election, 1907, in said-Mifflin township; that there was no vacancy in the office of judge of election in Mifflin town ship on the morning of Novembei 5th, 1907, A. E. Johnson, the regu larly elected judge of election, being present at the time of opening the polls demanding his right to par ticipate in receiving, counting and return of the votes cast at said poll ing place. '7. That the election returns from Mifflin township for said elec tion show that 107 votes were cast for William Krickbaum for Asso ciate Judge and that thirty-nine votes were cast for George M. Hughes for Associate Judge. On the part of the respondent it is contended that the vote of Mifflin township cannot be thrown out, (1) Because the action of Whitney Hess, as judge, was not in fraud of the rights of either candidate ; neither was his appointment fraud ulently obtained, nor did his action, or the action of the board in allow ing him to sit, change, alter or even render uncertain a single vote cast at the election ; (2) Because Wnit ney Hess, holding and claiming to hold by virtue of a valid appoint ment at the Jnne primary was act ing under color of title, and was therefore, as respects third persons, tbe de facto judge of election, and his acts as such are binding on the contestants and respondent. "On the part of the contestants It is contended that because the election in Mifflin township was held by a judge of election who was not legally elected or legally appointed the return of votes east at that poll, is illegal and cannot be counted. The holding of elections within this commonwealth is governed by the constitution and statute. Sec tion 14 of the Act of Assembly, ap proved July a, 1839, P. L. 519. reads as follows : "The general, special, city, incorporated district and township elections for electors of president and vice president of the United States, shall be held and conducted by the inspectors and judges elected as aforesaid, and by clerks appointed as in hereafter provided." "Article 8, Section 14 of the Constitution of 1874, provides; That 'District election boards shall consist of a judge and two inspec tors, who shall be chosen annually by the citizens.' "The Act of January 30, 1874, P. L. 39. provides 'That at the electiou to be held on the third Tuesday of February, and at the election annually thereafter, there shall be elected in each election riirirt in the state . -- 1 one person as judge and two in spectors. "The act of May 5, 1897, P. L. 38, provides that 'in all election dis tricts where a vacancy exists by reason of the disqualification of the officer, or by removal, resignation, death or other cause, in au election board heretofore elected or ap pointed, or that may hereafter be elected or appointed, the judge or judges of the Court of Common Pleas of the proper court, upon proof furnished that such vacancy or vacancies exist, shall nt any time before any general, municipal or special election, appoint com petent persons, who shall be of good character, and known in the district when the vacancy occurs, to fill said vacancy or vacancies to conduct the election in said dis tricts.' "Section 15 of the Act of July, 1839, and Article 8, Section 2, of the Constitution, provides that "the inspectors and judges, chosen as aforesaid, shall meet at the resjwe tive places appointed fur holding the election in the district to which they respectively belong, before 7 o'clock on the morning ol Tuesday next following the first Monday of November in each year.' "Section 16 of the Act of 1839, provides: that in case the person elected a judge shall not attend, then the inspector who received the highest number of votes shall ap point a judge in his place.' "It is provided in Article 8, Sec tion 1, of the Constitution of 1874, as one of the qualifications of a voter, that 'he shall have resided in the election district where he shall offer to vote at least two months immediately preceding the election.' "Judge Simonton in delivering the opiuion of the Court in Sanner and Row 2, Nominations 21 County Court Reports, 43, decided that where the rules oi a political party provided for the method of electing judges of election to conduct a pri mary election that the rules of the party must be complied with and only those judges of .election, elect ed in compliance with the rules were competent to conduct such election and where the electicu in any precinct was conducted by an usurper or person not authorized by the rules of the party to, conduct such election the return from the district should be thrown out and not counted. In this case, the re turn from Ogle precinct was thrown out and not counted, because the election was not held by the legal judge of election. His place had been usurped, and the election was not held by the legal officer. The throwing out and not counting the vote from Ogle precinct nominated Koontz. Had the election been held by legal officer iu Ogle pre cinct, the vote would hive been counted, and Sanner would have been nominated instead of Koontz. The voters from Ogle precinct were disfranchised because of the act of those who counselled the usurpa tion as well as those who actually usurped the place of the legal judge ot election., "In Yonkin's contested election case reported in 2 County Court Reports at page 550 upon the face ot the returns Yonkin appeared to be elected Associate Jndge, but by throwing out and not counting the vote for Laporte township, Strong was elected. The reason for throw ing oat the vote from Laporte township was that the voters from the township cast their votes at a polling place situate in the Bor ough of Laporte, instead of a poll ing place situate in the township of Laporte. Judge Sittser in delivering the opinion of the Court says: "The evidence is undisputed that this polling place, viz: the house of Rus sell Kams, is within the borough. These votes then being cast outside of the election district of Laporte township can they be counted? Since the cases of Chase vs. Miller, 41 Pa. 419 and McNeill's case 1 1 1 Pa., 235, we caunot regard it as an open question. The votes returned from Laporte township were thrown out and not counted, and the certificate ot elec tion awarded to Strong. Had the votes from Laporte township lx.en counted and not thrown out Yon kiu would have been awarded the certificate of election. The voters from Laporte township were dis franchised because they voted in the wrong precinct. "In Council's nomination report ed iu 27 County Court Reports.page 306 the nomination was set aside because of non compliance by the election officers, with the 5rst sec tion of the Act of June 29, 1881, P. L. 128, which requires the judges, inspectors and clerks of primary elections to take and subscribe to an oath or. affirmation iu the form prescribed by the act. "Judge Weiss in delivering tne opinion of the Court says: 'The act is mandatory, and its provisions Contluuetl on page 6, A RETROSPECT. 1 Col. J. G. Freeze, President of the Columbia County Bar Associa tion, had been selected by the com mittee to act as toasttnaster at the first annual banquet of the bar, held at the Central Hotel on De cember 31st. Owing to the death of Mrs. Freeze he was not present. Before her illness he had prepared some remarks for the occasion, and the following ex'ract is of such historical interest that we have re quested it for publication: "It is now nearly one hundred years since the County of Columbia was organized, having been cut off from Northumberland county March 22, 1813. We were made a part of the Middle district of the Suprem Court aud a part of the eighth Ju dicial District of the Common Pleas. Hon. Seth Chapman was at that time President Judge of the Dis trict, and presided over our courts. He was appointed from Bucks coun ty in 1 8 1 1 and remained on the bench until October 10, 1833. It used to be said of the Judges in those days, that few died, and none resigned but Judge Chapman did resign. He remained in Northum berland and died there in 1835. It is needless to remark that none of ' ever saw Judge Chapman. He was followed by Ellis Lewis, who was later transferred to Lan caster, was elected to the Supreme Court and in regular order succeed ed to the position of Chief Justice. He was ten years on the bench of Columbia county; a. id in my school boy days at the Danville Academy, I saw him on the bench Irequently; and, with the exception of Judge Donuel who died iu 1S44, 1 saw aud knew and pr cticed before every Judge from that time to the pres ent. It is a list of distinguished men, among whom were two who reached the Supreme Bench, two were in Congress, and one, Gover nor of the Commonwealth. Dauvillo was made the county seat at the organization of the cj..uty, and after a long struggle it was ch inged to Bloomsburg iu No vember 1847, and the first court was held here in January 1848. The old lawyers of Columbia county residing at Danville were Alem Marr, Robert C. Grier, Eb enezer Greenough, (for a short time,) George A. Frick, Legrand Bancroft, John Cooper, Joshua W. Comly and John G. Montgomery. The first Associate Judges I ever saw on the bench were William Donaldson of Danville, and George Mack of the upper end; they were appointed iu 1840, aud were suc ceeded by Samuel Oakes and Ste phen Baldy, and a long list which I need not enumerate nor name. Jacob Eyerly was the first Pro thonotary I ever saw at the desk. He served from January, 1830 to January, 1836 by appointment, and then by election from 1839 to 1863 consecutively, twenty-four years. The first real live sheriff I ever saw, was John Fruit of Jerseytown, commissioned October 30, 1840. When I add to these few, but I hope, interesting reminiscences, the fact, that on toe 19th of April, 1908, I will have been sixty years at the bar, and that all except about half a dozen of the gentlemen be fore me, were born since my ad mission; I need not add anything further to the ancient history of the Bar of Columbia County." BROTHERS DIE SAME DAY. Orange S. Brown, proprietor of the Williamsport Gazette and Bul letin, and postmaster of that city, died there in a hospital on Tuesday morning. He had been in ill health for several years. He was one of the most prominent and substantial citizens of Willianisport and will be greatly missed. The deceased was a brother of Mrs. II. H. Grotz of this town, and was unmarried. Mr. and Mrs. Grotz went to Williamsport on Tuesday. By a strange coincidence another brother, Alfred S. Brown, whose home w as iu Wellsville, N. Y. died on the same day, at nearly the same time. Mrs Grotz was preparing to leave for Wellsville on Tuesday, when she heard of the death of her ether brother at Williamsport. Truly afflictious never come singly. Mrs. Grotz has the sympathy of her many friends in this double visitation. The Car shops have an order for 50 mine cars. To the Business Community Our Aim Is to make this In every res pee t the PEOPLES' BANK, where all in h y feel nt home, ami be assured that by our Constant Cark and (Vnskkva tivk Management their interests will he well and Hah-xy CJiiakdkd. WK EXTEND THE ACCOMMODATIONS OF A STRONG AND SUCCESSFUL BANK. 3 Per Cent. Interest Allowed on Savings Accounts 0e Q5foome6urg (ftaftonaf Q&mft Wm. II. IIidlay, Cashier. LICENSE COURT. The license court sat on Monday, and all old licenses where no change was made in the proprietor, were granted, except that of Mrs. Sue Gruver at Espy, which was held under consideration. On motion of William Chrismau, E-.q , a hearing was fixed for February 3rd. The first case called was that of William Derr asking for a hotel li cense at lorks. Several witnesses were called who testified to the good character of the applicant, and the necessity for the house, and a half dozen others said there was no necessity for it. The next cases heard were those of A. M. Harvey for hotel at Jer seytown, Andrew Sedusky for wholesale license at Aristes, Free man Yeager for restaurant in Cen tralis, new men for old houses. The new cases were then heard, and included the applications of O. A. Bishop for hotel in Berwick; Bloomsburg Brewing Co., whole sale, iu Bloomsburg; Berwick Brew ing Co., wholesale, Berwick; Geo. E. Clemens, restaurant, West Ber wick; Patrick Delaney, hotel, West Berwick; Martin Gt.tosky, hotel, West Berwick ; Jacob D. Keiper, hotel, West Berwick ; John J. Lee, hotel, Bloomsburg, Main street at B. & S. Railroad ; John Pavavsky, hotel, Briarcreek township ; Bartel Brewing Co., wholesale, Blooms burg ; H. B. Williims, hotel, Briarcreek ; Henry Schlonger, hotel, West Berwick ; Henry Schonberger, hotel, Briarcreek. On Tuesday the following cases were heard : Joseph Samley, hotel, West Berwick ; N. Saraciuo, hotel, West Berwick ; W. D. Mausteller, hotel, Pine township, au old stand. The case of Geo. W. Wright, an applicant for restaurant license in the Bloomsburg Opera House block, was next heard. M.Flaherty, C. W. Brink, James Heddens, and Geo. Hutchison testified as to the necessity of the place and character of the applicant. On Wednesday afternoon the court disposed of all of these cases. Seven new applications were granted as follows : Henry Schoenbetger, for hotel in Briar Creek ; George E. Clemens, for restaurant in West Berwick; A. O. Bishop, for hotel in Berwick; Nick Caracino, for hotel in West Ber wick ; Bartel Brewing Company, storage in Bloomsburg ; William Derr, for hotel at Fors ; John J. Lee, for hotel in Bloomsburg, cor ner Main street and B. and S. All other app'icatious for new licenses were refused including the Grand restaurant in the opera house block. All new applications for old stands were granted. At a meeting of the vestry of St. Paul's PVmrWIi nn Tuesday even ing, the resignation of J. G. Wells oc corrctari; urn accented, and A. W. Duy was elected in his stead. Mr. Wells' frequent absence from town aud inability to attend the meetings was the reason for his de clining to serve longer. Lafayette Creasy, an old and well known resideut of this county, died at the home of his daughter in Wilkes-Barre on Wednesday morn ing, aged nearly 79 years. His entire life was spent in this tcounty mostly in Center townsmp. oince ism he had lived in Bloomsburg. His wife and three children sur vive him. The funeral will be held on Friday, with burial at Willow Grove. A. Z. Schocii, President. .. . . cer QUARANTINE. Regulations Under the New Law. Under the new quarantine law now in effect in Pennsylvania, red cards will be put up at houses where diphtheria, scarlet fever and measles exist, and the period of quarantine will be longer than for merly. For chicken pox, mumps and whooping cough white cards are to be put up by the health au thorities. Typhoid fever will also be placarded with a white card. The time of quarantine iu cases of diphtheria is now twenty-one days and thirty days' exclusion from school after illness or a total of fifty-one days. Heretofore the period of quarantine was iwo weeks where anti-toxin was used and three weeks where it was not applied, with ten days out of school after recovery. The time of quarantine in cases of scarlet fever is forty-two days and thirty-two dajs' absence from school after recovery, a total of seventy-two days. Under the old rules the quarantine remained effective thirty days. When chil dren of a family where contagion breaks out are taken to the homes of near relatives so as not to be ex posed to the disease of the person ill the places where they remain must be placarded for fourteen days and the cnildren kept out of school fourteen days. Formerly no cards were put up and the children were permitted to go to school in about ten days if they presented a certifi cate from the family physician that the time for the development of the contagion had expired. Nearly 1500 Died With Measles. Measles killed 1,463 persons in Pennsylvania during the year 1907, according to the records kept by the bureau of vital statistics of the State department of health. Of these 1,240 were under five years of age. During the month of December alone in this past year there were reported to the State department of health 2,307 cases of this disease which annually kills about two and one-half times more children than scarlet fever and yet continues to be regarded by so many people with comparatively little concern. "How to make the public appre ciate the really serious danger of measles and get them to observe precautions to prevent the spread of the disease is about the hardest problem in educational sanitary work that I have encountered," said State Health Commissioner Dixon recently. "A scarlet fever case in a neigh borhood seems to strike terror to every mother's heart. If quaran tine regulations are broken by the members of the infect-d household our health officers receive immedi ate complaints from other parents in the vicinity who are feart'ul that the disease may be transmitted to their own little ones. This is nat ural and right, for scarlet fever is a dangerous disease. But if we could get mothers to be equally concern ed in keeping their children from the infection of measles we might save many a home from the sorrow of an iufaut grave." Charles Battaglia, former hotel TVMM-i.tnr labor contractor and ftTSlv - perhaps the best known personage in the foreign section of West Ber wick, spent Thursday night in the ' i. . . i lo west uerwicit iocKup unci ui arrest on a charge brought by his y4o,.nV.fi- Ancrilintl Ttattaodia. who UUUgUbV. O . claimed her father was abusing his entire tamiiy ana uer in particular. Un Friday morning uc gave uan for his appearance at court.
Significant historical Pennsylvania newspapers