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.