ftEPUBUCAN NEWS ITEM. CHAKLES L WING, Editor. Published Every Thursday Afternoon By The Sullivan Publishing Co. At the County Seat of Sullivan County. LAPORTE, PA. \V 0. MASON, I'irsi(trii. THOS. .1. INGHAM, Seo'y & Trias. Entered at the Post Uflice at Laporte, an eecond-claßß mail matter. REPUBLICAN STATE TICKET. For Supreme Court Justice. JOHN I'. ELKIN, of Indiana County. ForjPresidentinl Electors. Electors at Large—Robert Pitcairn. Allegheny; Levi'O, McCalley, Chester. REPUBLICAN COUNTY TICKET. For President Judge. HON. E. M. DUNHAM, of Laporte. For Member of Assembly. DR. M. E. IIEItHMANN, For Sheriff. FRANK W. MCCK. For Congress E. W. SAMUELS. GOOD ADVICE GIVEN. .Mr. Scouten is making a personal appeal to the voters of the county to defeat Judge Dunham on account of tiie disbarment proceedings, alleging that he has been unfairly treated by lite Court, that his disbarment was a great injustice, that lie has been persecuted and wronged and was re moved without cause. As seven years have passed since the disbarment proceedings were in stituted, many of those \\ ho w 111 cast tin it* ballots at the approaching elec tion, particularly among the younger voters of the county, are not entirely familiar with the history of this case and many of the circumstances sur rounding it. The opinions of the Court below and of the Supreme Court of Pennsylvania, affirming the same, printed in full in this issue will shed much light upon the mat ter and will convince any reasonable person that Sconten's conduct was such that had the Court not acted promptly and decisively in the mat ter the Judges then upon the bench would have forfeited the respect ol all law abiding citizens and all confi dence in their integrity and ability, as a judicial tribunal, would have been forever destroyed. Judge Dun ham in his opinion,mercifully shields Mr. Scouten by mc.scuiiuxti the language used instead of it. Let there be no misunderstanding among voters in this matter. The Judge probably did right to merely allude to it as "foul and abusive" and in a dignified and judicial man ner to perform his duty as a judge without exposing to the Supreme Court and the public, language that would be a blot and a stain upon the I.tir name of this county and her people for all time. If any person into whose ear has been poured ex cuses for Mr. .Mr. Scouten's conduct sit t bo time of his attack upon the Court and who has been led to be lieve that he was unjustly deprived hi his office as attorney in the Courts ■•I Sullivan County, let him come to the records in the Prothonotary's office and read with his own eyes from the sworn testimony in the case, the words that Mr. Scouten addressed while court was in session, to the judges upon the bench. Words and expressions intermingled with oaths and threats, so vile, S ) disgust ing, so wicked and so wanton that the utterance of them would bring the blush of shame to the face «.f aii,\ self respecting man and stamp t lie ('ne who used tht.ni as unfit to mingle with decent people to say nothing of holding an office in a court of justice at whose bar, when admitted to practice, he had taken a solemn oath to be respectful and true. And notwithstanding all this, note the merciful words of Judge I hinliam in his opinion: "When he h.*s shown that he can govern his temper and tongue, we shall cheer fully hear his application for re instatement and act favorably there on." We well recall hearing of some advice given to Mr. Scouten immed iately after the disbarment proceed ings by a man whose reputation en titles him to great respect in this part of the State. It was in sub stance this:"Go home and do not grumble or whine; the Court has giv n you what you deserved for your actions and conduct and you have no cause to complain. Confess your wrong as you have admitted it in your answer in the case. <»o about your business and act like a man. Don't appeal to the Supreme Court. At the cud of a vear make I application for re*admission and you | will not bo refused." i Uood advice, truly. Did Mr. ! Scouten follow it? His first step ! was to take an appeal to the Supreme Court and that tribunal promptly ! allirmed the action of the Court he llo**. His next step was to start u newspaper for the avowed purpos !of ruining the judge he had so dis gracefully and shamefully insulted and abused and of holding up to ridicule and contempt the court lie bad so wrongly and falsely slandered, j Twice was he convicted of criminal libel for the indecent and outrageous attacks he made upon the judges of court. And from the day of his dis barment until the pre-sent time he! has lost no opportunity to villify, with language as foul and as false as that used in the ( ourt House in 1897, the reputation of the living and to slander and blacken the memory of thedead. Is this the sort of manhood that the citizens of a commonwealth , desire to see at the bar in a court of, justice?. How sincere was Mr. Scouten when he said in his answer,. I "The respondent now humbly asks pardon and an opportunity to tender j amends." Has Mr. Scouten's cou duet shown liis professed sorrow and liumilily to he true or false? I Tha President Judge of Sullivan County has spenl his life among' us. , He has been known and recognized and honored hy our people ah a man jof sterling worth and character 1111- | iinpeachalde. Who in Sullivan ■ County will stand up and say that | lie is revengeful or hard-hearted? | Who will stand up and say that he | has ever wronged or abused or in jured, in any way, any person with in our borders? in thi-county and I among those who know hint best I only 4'ond is known and believed of him. Had Mr. Stouten after his disbar : nient acted as a prudent,law-abiding, i respectable citizen, and thus convin ced the public by right living and right speech that bis sorrow was sin cere and that his future course would be consistent and manly and his be havior in court gentlemanly and proper, no man who knows Judge i Dunham will say that he would have i refused to listen to Scouttn's applica tion for admission and act favorably |thereon. .. _ The attacks made by Mr. Scon ten j upon Judge Dunham, printed in the .Sullivan Herald, and echoed in the usual subservient manner by Mr. jStreby in the Ga/.ette, alleging fre- I queul reversals by the Superior | and Supreme Courts in cases heard by Judge Dunham, are wholly un i warranted and grossly erroneous, j In the list are cases never tried by j Judge Duuham. In other cases i cited, the rulings of the Superior j Court were followed and the Su ! preme Court reversed the Superior | Court. No one knows better than .Mr. Kcoutcn that Judges of the Com mon I'leas Courts are hound by the ! decisions of both the Superior and .Supreme Courts, in another in ' st it nee four cases are cited, the plain tiff in each being the same person I As a matterof fact, the issue was the -ante in all these actions only the J cases had different titles and thus | he makes the one appear as four. No judge ever yet sat upon the I bench, and never will, but that will occasionally be reversed by the | appellate Courts. Even the Su perior Court occasionally meets with reversal at the hands of theSupremel I Court. Vet Mr. Scouten would argue t hat a judge is incompetent be- i j cause during a term often years, I having rendered hundreds or thou- i sands of opinions and decisions, he has been reversed less than a dozen! times. Will Mr. Scouten please explain j why, if Judge Dunham is not an! 'able judge, he has been called so fre-1 <[Uently and so urgently to preside I • over the Courts in so many counties i I our.-idc his district? No judge in the I state is more oiieu called 10 preside' ; in Hradford, Susijuehanna, Luzerne, I ! Lackawanna and Lycoming Conn-J tits than Judge Dunham. In all of i of these < 'ountics he has establish* d a reputation for fairness find ability that few Common I'leas jubges in Pennsylvania possess. And when last year his name was suggested in connection with an appointment to fill it vacancy on the bench of the Supreme < ourt, from allot' these eoutitie'-icatne the strongest endorse ment front both bench and bar. Surely no sensible voter will be deceived by the malicious attacks of Mr. Scouten. SCOUTEN'S DISBARMENT. lull Proceedings in the Case. Opinion ol the Court Below and of the Supreme Court of Pennsylvania, Affirming Same. Inasmuch :ts there arc a large number of voters in Sullivan County who have never had au opportunity of reading the opinion of the Court iof Sullivan County in tin* matter of the disbarment of John the two associate judges to pass upon. As there was considerable business be disposed of. these associate judges \\;ent into either a jury room or the judges' chambers, and an application was made to continue the argument of the case, owing to the depositions not being in proper shape in some way. This application WHS granted and te> ac commodate the attorneys, one of whom lived in Onshore, and the other in y alusing, the hearing upon the rule was fixed at Onshore., and was held in Mr. Scouten's office. At this hearing it was again continued at request of one of the parties and the hearing fixed at Laporte at the courthouse. The asso ciates fixed the hearing at .the court house, largely and mainly, because the conduct of Mr. Scouten in the case at his olfice was such that they did not feel like ever hearing any argument again in which Mr. Scouten was con cerned, in any other place except the courthouse, where no questions could be raised as to their authority, or to the regularity of their proceedings: but there was no understanding or agree ment whatever about the president judge being present. At ihe next reg ular term of court or at September term, the jury trials took up ;< most, the entire time of the court, so tl.at ! few e;si •• on the argument list were reached. And as the parties in the Bush v. Wiggins case seemed ai xlous to have the case disposed of as soon possible, an adjourned court was lixed for October 14, at. which that case and one or two other cases or rules were directed to be disposed of. or at least were tint down to be heard. At the time this adjourned court was fixed the president judge announced from the bench to all parties that it would not, in all probability, be possi ble for him to be present upon tiiat oc casion, as he expected lei be away from the county at tlia• time. From these facts we are unable to see how it was possible for Mr. Scou ten to have boon misled as to who was to hear the- rules. e>r to have been dis appointed in not having bad the presi dent judge present, and thereby tr have become irritated. I'pon October I I. 1897. court n.et at the courthouse to hear the' ruie in above referred to case, and also to dis pose of some other rules and matters that were to come up at the time, and was held and presided over by Hon. C. Kraus and Hon. John Line, the two as sejciate judges of the county. That these two judges have power to hold the court is toei plain for any argu ment. It would not serve any particu lar purpose to attempt here to cite au thorities showing the authority of as sociate judges to hold court. Their pow-.T to do so is abundantly sustained by authority. So that the court held upon October 14. by the associate judges was a court of competent jurisdiction and ihe or ders, decrees and decisions of that court were of as much authority and as binding upon all the parties inter ested as they would have been bad tne president judge been present an i par ticipates! in the business of the court. At this session of the court thcase ol Bush v. Wiggins had been aigiiv-d, and tlie court hail made the rule- to open the judgment absolute and au thorized the l defendant to appear in court and defend against the note upon which judgment had be,'en ent 'red. Also the application e>f John P. Mctiee to set aside the sale of his real estate by the sheriff had been heard, and the rule to show cause why the said sheriff'.-- sale should not be aside had li en discharged. In this last rule Mr. Scouten was personally interested, as he was one of the purchasers of the real estate of said John IV McOec, the property having been sold in different or separate lois or parcels, and John (J. Scouten having purchased one of these lots or parcels at a price, thought by some, to be a high price for tae property. After these proceedings had been take>n, anil the court had made the de cisions and orders set forth above, Judge Kraus had occasion to leave the bench and pass out into the hall or cor ridor in the rear of the court room and down the stairs into the hall or cor ridor in the first story of the court house. Mr. Scouten, after Judge Kraus] had left ,Vi court room, also left the court room, taking practically, if not exactly, the same route Judge Kraus had taken. Whether Mr. Scouten did this to follow Judge Kraus up or not, of course, we do not pretend to say. noi do we consider it of any consequence in this case. That he came out after Judge Kraus is not denied. Thai, he descended into the lower hali or cor- j ridor after Judge Kraus is not denied. And that he there met Judge Kraus I and began a most indecent and emt rageous attack upon-Judge Kraus on 1 account ol the rulings and decisions of the court is not denied, and that an.vj other cause e>r controversy whatever existed for this attack is not in any! way claimed by the respondent: so that i whatever occurred there and whatever ; attack was made? by Mr. Scouten upon Judge Kraus was made solely and en tirely, because of ihe rulings, decisions and actions of the judges in the mat ters that were before them in court. When Mr. Scouten met Judge Kratis in the lower corridor of the' court House he immediately began a most vile and' abusive personal attack upon him,l using language too \ile> and obsevi. ■ for; repetition here, or in fact in any p'aee. One ni'ght expect, to hear language of the kind used by Mr. Scoute'n in the lowest slums of a great city, or among the most degraded portions of human ity, but among men who care anything; for themselves or for seiciety. such lan-! gunge one would never expect and! never ought to hear. Not only was Judge Krails most foully abased but the court itself was attacked, its mo tives impugned and the honesty and fairness of its decisions were openly questioned. Owing to the character of the chaws made against Judge Kiaus ami the court, and the language in which these charges were clothed we do not. feel at liberty to repeat .hem here, hut. merely desire to refer to llieui as they are spread upon the rec ords in our reasons or foundations for the nile granted in this case, where under a sense of duty we felt compell el to have them put down. Ha.l this attack been made by Mr. Scoulen upon Jll Kraiis when there were no per sons present to near the same, it would not have been so flagrant and great .»n insult to the judge and the court, nor so far-reaching in its consequences to the public, but at the time the attack began there were several persons, members of the bar and others, in the corridor who could not avoid hearing it and the loud and boisterous manner of Mr. Scouten attracted more persons to listen to the disgraceful tirade. This attack occurred some time before the court adjourned for noon. And when the noon recess came Mr. Scouten again followed Judge Kraus. this time into the judges' chambers adjoining the court room where the two associate judges had gone, and again began an attack upon Judge Kraus. or at least was using loud, unpleasant and abusive language, and when ordered out of this room lie stepped back into the court room, and then violently and boister ously. vilely abused Judge Kraus and also the court and court rules, and I among other things dared Judge Kraus !to come down into the court yard to j engage in personal combat with I him. . . . | It.1« clear that the court has the tin 'doubted right to strike an attorney from the rolls for attacking or insult ing a judge on account of any ruling or decision made in court. If the court has ihis right, and if it is their duty as was intimated by Justice Field lo act in such cases, surely no one can for one moment contend that the present ruse l.i not one demanding the action of the court. In all the cases reported none can be found that in any degree approaches this one for insulting and abusive language, or for the exUnt to which the same was carried, even to tlie extent of threatening personal | chastisement upon the judge. .Indeed i the respondent has virtually relieved I us of all question as to the propriety of (the action of the court by coming into court and expressly admitting that the I court could not in justice to itself and to the judiciary have done less than it ! lias done, and that the offense des< rves that this rule be made absolute. But hi' seeks to avoid the judgment of the court, that he virtually admits justice demands by humbly apologizing *o the court and to Judge Kraus for his con duct, and throws himself upon the mercy of the court, asking us to for 'give his shortcomings and offenses, and promising to do differently in tht fu ture. No one can for one moment question that the apology is as full and com plete as able and astute counsel could make it. And were we convinced it came from the heart, and was prcinpt ed and made because his conscience upbraided him for the great wrong and insult he had put upon the court, and would not permit liini to rest until he had made the fullest apology an.! the most ample amends for such conduct, we should feel disposed to accept it and dismiss this rule with an admoni tion to the respondent that in future he must so conduct himself that no fur ther or future occasion should ever arise of a similar character. While we have the greatest respect for any per son who, upon being convinced of an error, takes the first opportunity to apologize and make amends for the wrong done or the injury committed because he believes justice, fair deal ing and honesty demand he should do so. -ve have no respet for the person who declines or neglects to apologize or render a just and proper atnecl for a wrong done or an injury comn-itted until he is convinced such a coutse is necessary to save him from punish ment tor such conduct. A person who makes an apology because he tears that, unless he does/so he will lcceive Cii rited punishment, is a hypocrite and coward, and an apology wrung trom him in that way is entitled to no merit or consideration. Let us then consider the circum stances in this case in order to see ' what weight or consideration we j ought to give this apology and appeal ; for mercy. On October 14. the occur rence took place that is the foundation I for this rule. The first attack was in i the fon noon. Some forty-five or sixty . .ninutes after this attack, after full op portunity to cool and reflect upon his I conduct, the respondent renewed the {attack and continued tin- same abuse, j Nothing was done by the court iti the ! matter until the afternoon of the 25tli of the same month, when the entry of I tlu facts in the case was made and the | present rule gran'ed. Court had been in session that forenoon, and the re spondent had been present in court arguing matters before the court. Yet he made no attempt to apologize or in any way show any regret for his con duct. Court was again in session on November 4, and it was generally known that the above rule had been granted and upon what it was founded. | although it had not then been served ' i2lh>n the respondent and then no sign | [of regret or apology came from tm- re spondent. Not until the very day upon which the respondent was required to make answer, did he in any way at tempt to atone for the abusive attack he had made upon Judge Kraus. Then he comes into court with a typewiitten apology, in a full and complete form, but very evidently gotten up and writ ten by his able and adroit counsel, who presented it. signed it is true by re spondent. but in all probability, that was about all hi' had to do with the in strument. Me does not publicly ac knowledge his wrong further tlia.i by having his counsel present his written answer, and appeal for mercy. Did respondent upon October 2. r >j know and realize the enormity of the offense he had committed? If hdid it was his duty to apologize. if lie 1 knew it and refused to apologize, he cannot now complain because we re fuse to be sallied with his aiKdogy, as his conduct l\v so doing, shows that he is not a proper person to remain .is an officer of a court he had so grossly wronged and insulted, realizing his guilt, yet refusing to apologize. If lie did >iot know, feel and reali/.u that 'ie had committed a great wrong upon . he court, and only was able to find that out from his able counsel, surely he is not a proper person to remain an offi cer of the court. It is unnecessary here to discuss liie great responsibility resting upon attor neys, end the necessity of having only such persons as attorneys, whose char acter and personal standing are above leproach. Great efforts are being made to keep out of the bar all unwoithy persons and all who are not fully qual ified to perform their duties as attor neys. The bar should have among its members no person who is not a gen tleman or lady in the fullest sense of the word, ahd no person who does not fully realize and faithfully live up to the obligations he takes to conduct himself honestly and faithfully to courts and his clients in all respects and under all circumstances. If we are in error in feeling and holding that the present apology of re spondent comes too late, and is not sufficient to convince us of its genu ineness and of his sincerity in making it, ve can only say that respondent has it in his power to so live and con duct himself as to show and convince all who know him, of his determination to govern his temper and tongue, ami when he has, by long persistence in this course, shown to us that he has succeeded and can conduct himself in all respects, properly and respectfully, we shall cheerfully hear his application for readmission and act favorably theron. Now. January IT. IN'.iS, this case hav ing been heard and fully argued by counsel, the rule heretofore granted to show cause why John G. Scouten, Ksq., should not be removed from his office of attorney of this court and his natne ' stricken from the rolls is made abso lute, and John G. Scouten, Esq., is re > moved from his office of attorney of this court and his name stricken from ' tile rolls. Affirmed By the Supreme Covrt of Pennsylvania. Opinion by Mr. Justice Mitchell. May 26, IS9S: ' The appellant was disbarred for | using very foul and abusive language , involving serious charges against his | integrity to one of the associate judges , of the court below, during a session of the court, though outside of the court 1 room.The court subsequently enteied .1 J rule upon him to show cause wi y his name should not be struck fron tin ; roll of attorneys, and the appellant then filed a written apology which tb ■ learned president judge consideren | would have been sufficient, at 1 ast to ' mitigate the punishment, had i; not been so long delayed. The rule was made absolute, and the appellant now comes before us admitting hi.- miscon . duct, but claiming that the punishment is excessive. There is no question of the jurisdic tion of the court below. The bar liav.; 1 great liberty and high privileges iri the assertion of their clients' rights as they view them, but on the other hand they have equal obligations as officers in the administration of justice, and no duty is more fundamental, more un remitting or more imperative than that of respectful subordination to the court. The foundation of liberty under our system of government is respect for the law as officially pronounced. The counsel in any case may or may not be an abler or more learned lawyer than the judge, and it may tax nis pa tience .ind his temper to submit to rul ings which lie regards as incorrect, but discipline and self-restraint are as necessary to the orderly adniivuttra | tion of justice as they are to the iffec [ ti veil ess of an army. The decisions of ' the judge must be obeyed because he is the tribunal appointed to decide, and the bar should at all times be the fore ' most in rendering respectful submis -1 sion. That the conduct of the appellant was a most serious breach of discipline is not denied, and his appeal is prac tically for mercy. Mercy however is not the prerogative of this court, and ' the considerations which might have ' moved the court below in that iv-pect ere not for us to entertain. The pun ishment of appellant is severe, in view of the fact that it involves no moral turpitude, but only infirmity of temper. If the disbarment were meant to l e ir revocable we might have some ooubt | whether it would not exceed the limit ' of legitimate discretion, but w ■ ob serve the remarks of the learned pres ident judge that "the respondent l.as it in his |*)wer to so live and conduct, himself as to show and convince all who know liini of his determination to govern his temper and tongue, and when he has by long persistence In this course shown to us that lie has suc ceeded, and can conduct himself, in all respects, properly and respectfully, we shall cheerfully hear his application for readmission and act favorably thereon." This is a clear indication that the court below regarded Its ac tion rather in the light of a suspension than of a permanent disbarment, and intended to treat the appellant with as much leniency as the preservation of necessary discipline would admit. Wo have no reason to suppose that, with proper behavior on the part of uppel laut. the period of probation will be | unduly prolonged. More than that he cannot fairly ask. Order affirmed, Tr« nN|inn ntlnn K&iieuMlve. Nine-tenths of the rends of America are bad. At certain seasons of the year this locs not adequately express the Idea. They are disgraceful. At their best the majority of our country roads are inferior. With hard grades and poor drainage they make the trans portation of farm produce a slow and i expensive matter and call for the con demnation of all Intelligent and public spirited people.—Good Itoads Magazine. A Point to Remember. in planning road improvements it should not be forgotten that when a road is once Improved with macadam or gravel the travel instantly doubles or trebles and the road surface must be sufficiently strong and durable to provide not only for the present traf fic oil the road, but for the traffic which the Improved highway would bring to that community.