In re Chester County Republican Nominations

CourtUnited States State Supreme Court of Pennsylvania
Citation62 A. 258,213 Pa. 64
Decision Date26 October 1905
62 A. 258
213 Pa. 64

Appeal of GARRETT et al.

Supreme Court of Pennsylvania.

Oct. 26, 1905.

Appeal from Court of Common Pleas, Chester County.

Exceptions by Thomas Lack and others to a certificate of nomination issued to R. Thomas Garrett and others, as candidates, etc. From an order sustaining the exceptions, the candidates appeal. Reversed.


Alfred P. Reid and D. T. Watson, for appellants. C. Wesley Talbot, George B. Johnson, and Wayne MacVeagh, for appellee.

MITCHELL, C. J. This proceeding, though under the confusing directions of the procedure act of May 9, 1889 (P. L. 158), called an appeal, is in fact a certiorari, and must be so treated. The principles and practice by which this court is governed in such cases are fully discussed in Independence Party Nomination 208 Pa. 108, 57 Atl. 344, and for present purposes may be stated to be that where the facts appear upon the record this court will examine whether the judgment is correct upon such facts, and may for that purpose consider the opinion of the court as part of the record. In this case there is no difficulty or dispute about the facts. They appear on the face of the certificate and the objections filed, and we take them without change from the specific findings of the court below. It is contended that there were certain other facts in connection with other nominating papers which were before the court below but are not here. But they related to a separate matter and are not relevant or material to the question of the correctness of the decision appealed from.

The court's statement of facts, slightly condensed, but otherwise unchanged, is as follows: (1) It is uncontroverted that on March 18, 1904, a county committee was duly elected in the several districts, and was duly organized March 23d by the election of Mr. Ruth as chairman and two others as secretaries. (2) That as the committeemen were elected for one year their term of office expired on March 18, 1905, but the chairman, secretaries, and treasurer held over until their successors should be elected. (3) That this county committee called primary elections to be held April 15, 1905, in the several districts of the county, for the purpose of electing delegates to a convention to nominate a county ticket, and also a member of the county committee, to serve for the ensuing year. Before the date for holding these elections had arrived many of the registered candidates had withdrawn their names, leaving no more than just sufficient to fill the various offices to be nominated, and on April 10, 1905, the chairman sent to each of the late committeemen a letter, in which, after quoting the act of June 22,

62 A. 259

1897 (P. L. 179), as follows: "If any political party has, by its rules, provided for a registration of candidates for nominations, and at the time limited for such registration or at any subsequent time by reason of withdrawals or other cause there should be no more candidates for any office registered or remaining than are to be elected to such office, the person or persons so registered or remaining shall be deemed the nominee or nominees with the same effect as if he or they had been nominated by a convention or primary meeting or caucus or board. And one or more or all of the officers of the committee of such political party with which such registration shall he made or the officer with whom it is made shall make a certificate of such nomination in the same manner and with the same effect as if there had been a nomination by a convention or primary meeting or caucus or board"—he notified them that "in consequence of this condition it will therefore not be necessary to hold a primary election on Saturday evening next, and a convention on Tueday, April 18th. I therefore notify you that said primaries and county convention will be abolished this year and the nominations will be certified by the county committee, in conformity with the aforesaid act of 1897." (4) On June 15, 1905, the chairman...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT