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The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, September 22, 1898, Image 1

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VOL. 33
JUDICIAL FIGHT CARRIED TO OODRT
Judge McPherson, at Harrisburg, Hears Tes
timony in Montour-Columbia Case-
Claims of Contestants—Opinion
of the Court.
The hearing in the contest between
Judge Herring and Robert R. Little
at to the regularity of the latter's nom
ination by the conferrees at Exchange,
took place in Harrisburg last Thurs
day, and was argued on Friday. The
following is gathered from the reports
in the daily paper:
HARRISBURG, Sept. 14, —Great in
terest attaches to the Montour-Col
umbia judicial fight, which was taken
up by the Dauphin County Court at
a special session, over which Judge
McPherson presided. Objections
were heard which had been filed by
Judge Grant Herring to Robert R.
Little's certificate of nomination.
Judge Herring was appointed by
Governor Hastings to succeed the
late Judge Ikeler and is fighting for
the Democratic nomination. James
Scarlet, of Danville, is the Republi
can candidate.
Judge Herring's case was presented
by Congressman M. E. Olmsted and
Messrs. Weiss and Gilbert, of this
city, and R. S. Amerman, District
Attorney ot Montour County, while
for Mr Little there appeared Robert
Snodgrass, J. A. Stranahan and B.
Nead of this city. Both Judge Her
ring and Mr. Little were present tn
court, but took no part.
County Chairman Howery, the first
witness, testified that after Judge
Ikeler's death he was besieged by
friends of Little to call the County
Committee together, pursuant to rule,
to fill the vacancy, Mr. Little himself
having urged htm personally and also
written a strong letter, asking that the
meeting be called on the morning of
August 13.
Having been court stenographer
under Judge Ikeler and feeling friend
ly to his family Chairman Howery de
clined to fix a time until he had con
sulted Fred Ikeler. He thereupon
called a meeting of the committee
for Saturday morning August 13. At
the meeting Herring received 25 out
of the 28 votes.
From other testimony it appeared
that on the evening of the 12th at
Exchange there had been a judicial
conference, of which no public notice
was given and at which Little claims
the votes of three of the four alleged
coufeirecs. The conferrees claimed
as representing Montour county were
Dr. McHenry, who lives at Exchange
and Henry Divel, of Danville.
Dr. McHenry said that he had had
no notice of any such conference until
the other conferrees came to Ex
change that afternoon. He under
stood that he had been appointed by
Judge Ikeler during his lifetime and
hesitated about acting, but because
he thought he had 110 authority after
the Judge's death. Divel, the other
Montour county conlerree testified
that he was appointed verbally during
the Judge's lifetime, but admitted that
he had told one person that he had
not been appointed.
Fred Ikeler swore that his father
had frequently told him of his inten
tion to appoint Divel and McHenry
and presented a paper in his father's
handwriting, drawn by him a few days
before his death, intended as a formal
written appointment. It was not ad
dressed to either of the alleged con
ferrees and was not signed by the
Judge, and was a form which he had
directed to be sent in typewriting to
both men.
Fred Ikeler admitted that he had
tolil vattous persons before his father's
death that he had not appointed con
ferrees. He admitted that there had
been no announcement of the appoint
ment of the conferrees in Montour
county and no announcement of the
meeting of the conference, but he had
caused Divel and the two Columbia
county conferrees to go to Exchange
on the eve of the meeting of the
County Committee,and had requested
Dr. McHenry to meet with them.
Herring's coujisel produced one
witness who testified that both befoie
and after Judge Ikeler's death Divel
had told him that he had never been
appointed a conferree, supposing that
he would have to have written notice.
. Two other witnesses testifed that a
few days before his sickness Judge
lkeler told them that he had not ap
pointed any conferrees.
HARRismjRG, Sept. 15, —The argu
ment on tlje objections to the nom
ination certificate of Robert Little as
a Democratic candidate for President
Judge in'the Twenty-sixth Judicial
District, filed by Tudge Grant Her
ring, was concluded before Judge Mc-
Phersonf this morning.
CoAressman Olmsted, on behalf of
%\yt W^inmbmn.
Mr. Herring, denied that the power
to appoint conferrees was hereditary;
that Judge Ikcler having been nomin
ated by the Montour county conven'
tion with power to appoint, had died
before making any appointment, and
that those who pretended to act as
conferrees were nominated after the
Judge's death by his son.
Even had Judge Ikeler appointed
conferrees a conference after his death
and before the vacancy caused there
by had been filled under the printed
rules of the Montour county demo
cracy was illegal and void.' Litt'.e,
argued Mr. Olmsted, had put the rule
in operation by demanding a meeting
of the county committee to fill the
vacancy, but finding that lie could not
control the committee he had got this
rump conference together the evening
before and attempted thus to over
throw the rules and the will of the
Democracy. 'j
The County Committee merely
stood in place of the County Conven
tion, and whenever any candidate
named by the latter resigned or dies
the County Committee was authoriz
ed to fill the vacancy, and had done
so by nominating Herring to take
Judge Ikeler's place before the con
ference.
Robert Snodgrass made the argu
ment for Little. He contended that
the evidence showed that it was
the intention of Judge Ikeler in his
lifetime to appoint McHenry and that
McHenrys subsequent service as a
conferree constituted a sufficient ac
ceptance. He denied that the rule
authorizing the County Committee to
fill any vacancy on the ticket applied
to more than county offices not re
quiring nomination by another county
also. He thought ticket meant the
same as ballot and Judge Ikeler's
name was never authorized to go on
the ballot because he had been nom
inated by one county only.
He contended that while Ikeler had
received more delegates than Little in
Montour county, nevertheless Little
had received a large proportion of the
popular vote. He J was surprised that
Little had been accused of any trick
ery in the premises.
Mr. Gilbert concluded the argu
ment for Herring. He said Ikeler
had been nominated and was on the
ticket subject to the action of the
conference only. His death made a
vacancy on the ticket which the
County Committee had a right to fill
and had filled by nominating Herring.
OPINION OF THE COURT.
On Saturday J udge McPherson
filed the following opinion :
This certificate, which declares Mr. Little
to be the Democratic candidate for Presi
dent Judge of the twenty-sixth district, pro
ceeds from a body composed of four persons,
of whom two had an undisputed title to rep
resent the County of Columbia, and two—
Judge Divel and Mr. McHenry- asserted an
equally valid right to represent the County of
Montour. The right of the gentlemen
named is now challenged by the objector,
and the question thus presented must first
be decided ; for if they had no authority to
act as conferrees, their attempted action was
a nullity, no lawful conference has yet been
held, and no Democratic nomination for the
district lias been made.
Their authority is said to be found in the
fact that Judge Ikeler had appointed them
before his death. He had been regularly
nominated for President Judge by the 'dem
ocratic Convention of Moniour county, and
had been empowered to choose his own con
ferrees to meet the representatives of the
other county of the district. If he exercised
this power in his lifetime and actually ap
pointed the two gentlemen who appeared for
the County of Montour, certain other ques
tions arise for consideration , but if he failed
to exercise this power, this ground alone is
decisive of thecass. Whether the appoint
ment was made, is a question of fact, con
cerning which we have heard and considered
a good deal of evidence, but without much
difficulty in reaching a conclusion. It seems
lo us that the apparent conflict in the testi
mony can be easily explained. It arises be
cause I udge Ikeler's purpose to appoint is
sometimes looked upon as a purpose merely,
and sometimes as if he had already carried it
into effect. I have no doubt that he fully
intended to appoint Dr. McHenry and
Judge Divel to be his conferrees, and that he
had spoken several times of such intention to
his sons and to some other persons. It is
not surprising that his intention should now
be regarded as substantially identical with
the act which he would probably have done
if he had lived, and that witnesses may con
scientiously declare that he had actually
made the appointment, although in truth he
had done no more than determine to make
it. connection between purpose and
act may be close, but the distinction is real
and important. The governor has not ap
pointed to an office, by virtue of a mental
decision, to name one aspirant in preference
to the others; this looks to the future, and
if an actual present appointment does not
follow, the decision remains without effect.
This is just what occurred in the case before
us Judge Ikeler hud determined whom he
would appoint. He had had some prelimi
nary consultation concerning their willing,
nfss to serve, but, for some reason or an
other, he was postponing the actual appoint
ment, and death overtook him before the act
was done.
Concerning Dr. McHenry the evidence
hardly admits of discussion Judge Ikeler
wrote lo him in June, saying , inter alia:
Before choosing you I thought it best to
.consult you as to whether or not, with your
extensive practice, it will be possible or cou
BLOOMSBURG, PA.. THURSDAY, SEPTEMBER 22, 1898
venient for you to spare the time." The
Doctor sent a verbal reply that he was will
ing to serve if he need not be away from
home for more than one day at a lime;
and with this reply communicalion ceased,
for he neither saw nor heaid from Judge
Ikeler again, nor received any written evi
dence of an appointment. Judge Dive) had
gone further than Dr. Mellenry; he had un
doubtedly consented to serve, but he was
well aware that the actual appointment had
not yat been made, for he declared several
times that he was not a conferree, repeating
the declaration after Judge Ikeier's death.
And Judge Ikcler himself^,new clearly that
the final step had not yet been taken, for
only a few days before his death he prepared
a form of notice which he iniended to sign
and send to each conferree; antl in this draft,
after staling that *'l have selected you as
one of my conferrees," he requtsts to be in
formed "whether o.r not you will serve,"
thus showing conclusively that in his opinion
also the transaction was incomplete.
These being the facts, they are decisive of
the present controversy. No confertces from
Montour had been appointed and none could
take part in the meeting at Exchange; Mr.
I.ittle's certificate, therefore, proceeds from
a body without authority to nominate for the
district, and must be adjudged invalid. The
Prothonotary Is directed to certify this de
cision to the Secretary of the Commonwealth,
By the Court,
J. B. MCPHERSON, P. J.
Judge Herring has appointed Alex
Billmeyer and Jatnes T. Brannen as
his conferrees, and on Saturday they
wrote Mr. Little's conferrees, J. B.
Robison and T. J. Vanderslice, re
questing them to meet in. conference
at the Exchange Hotel, Bloomsburg,
oti Wednesday the 21st.
In pursuance of this, a conference
was held at that time and place, and
after five ballots an adjournment
was made to Friday afternoon.
Should there be no 110111 ination by
next Monday the candidate can get
011 the ballot only by nomination
papers, as that is the last day for
filing certificates of nomination.
HARTMAN-REESE,
The home of Captain Edward
Reese, at Park Place, was the scene
of a happy marriage on Tuesday,
at 3 p. m., when his only daughter,
Miss Rachel, and Robert E. Hart
man, of this town, were made man
and wife. The ceremony was per
formed by Rev. J. M. Buckley,
pastor of the Centralia Methodist
Church. The ushers, all brothers
of the bride, were Dr. George W.,
John 8., Thomas J., Edward C.
and Daniel Reese.
After the ceremony a wedding
dinner was served. Later a recep
tion was held, which was largely
attended.
The newly made man and wife,
took the Lehigh Valley train for a
tour, after which they will return to
Bloomsburg and reside.
A number from this town went to
Danville on Monday evening to wit
ness the demonstration in honor of
the soldier boys of Company F.
Twelfth Regiment, who returned
home. The soldiers were met at the
station by an immense ciowd of
people, all joining in giving the boys
a noisy and enthusiastic welcome. A
parade was formed consisting of the
Town Council-and many secret so
cieties of the town. Frank Sanders,
Robert Dodson and Chris Reice of
town are members of this company.
They came up from Danville Tues
day morning.
The Republican Senatorial Con
ference for this, the Twenty-fourth
District met at Danville yesterday
afternoon. The candidates were
W. K. Holloway, of Danville, N.
H. Culver and S. M. Spenser, of
Williamsport. Six ballots were
taken, but 110 nomination made.*
The conference then adjourned to
meet again Wednesday Sept. 28th.
The conferrees from this county
were Isiah Hagenbuch, W. M.
Monroe and Nehemiah Kitchen.
Samuel Neyhard's large gray team
ran away Monday morning, breaking
the wagon to which they were hitched
all to pieces. They had been stand
ing at Creasy & Wells' lumber yard,
something frightened the horses and
they started down the railroad on a
dead run. The wagon would not
stand the bouncing over the railroad
ties, and went to pieces. The horses
kept on the railroad until they reach
ed Bryfogle's farm, where they were
captured.
The chestnut crop this year will
not be so good. Farmers from the
surrounding country, who are able
to judge, state that the blossoms
were blown off by the high winds
and that the yield will be short in
consequence.—Millville Tablet.
"McDoodle's Flats" drew a good
sized audience at the Opera House
last evening. The performance was
right good in spots. .
SENATORIAL CONFERENCE
J, Henry Cochran Renominated,
The Williamsport Sun of Friday
Sept. 16 gives the following report of
the Senatorial conference held in that
city on the 15th:
Senate J. Henry Cochran has been
honored by the Democrats a second
time, the conference of this, tiie
Twenty fourth state senatorial district
having again nominated him for state
senator at the Park hotel. The re
cord in this district has thus been
broken, for no man before has been
nominated a second time.
The conference convened at 8
o'clock, in room r of the Park hotel,
the conferrees present be ng as fol
lows:
Montour—George Maiers, James
Ryan.
Columbia—Woodin Hanley, J. K.
Sharpless.
Sullivan—Ellis Swank, Lawrence
Lowery.
Lycoming—Walter E. Ritter, C. F.
O'Dea.
THE CONFERENCE.
The conference organized by elect
ing Mr. Ritter president and Messrs.
O'Dea and Hanley secretaries, and
the names of J. Henry Cochran .of
Lycoming; W. H. Rhawn, of Col
umbia, and Edward J. Mullen, of
Sullivan, were proposed as candidates.
Only two ballots were taken. On
the first Mr. Cochran received four
votes, those of Lycoming and Mon
tour counties, Mr. Rhawn getting the
two Columbia county votes and Mr.
Mullen those of Sullivan county. Be
fore the second ballot was taken
Messrs. Rhawn and Mullen announc
ed that they believed it would be to
the best interests of the party to nom
nateSenator Cochran, and that his
nomination would command the ap
proval of the Democratic party. For
those reasons they would withdraw.
The second ballot therefore resulted
in the unanimous nomination of Mr.
Cochran.
A committee composed of Messrs.
Sharpless, Ryan, O'Dea and Lowery
was appointed to notify Mr. Cochran
of his nomination and to bring him
before the conference. Mr. Cochran
appeared and made a brief and
modest speech in which he accepted
the nomination. Speeches were also
made by Messrs. Rhawn, Ritter, Mul
len and Maiers.
After the adjournment of the con
ference a supper was given to the con
ferrees and candidates at the hotel.
HISTORY OF THE NOMINEE.
Senator J. Henry Cochran was born
in New Brunswick, Jan. 15, 1845.
His parents removed to Calais, Me.,
shortly thereafter, where he resided
until at the age of eighteen he remov
ed to Pennsylvania. He received a
common school education and has
always been engaged in the lumber
ing business. In more recent years
he has also been interested in bank
ing, being the senior member of the
firm ofCochran, Payne & McCormick,
of this city, afid is engaged in other
industrial enterprises He was elect
ed a member of the state senate in
November, 1894.
Mr, Cochran is a public spirited
man of wide acquaintance, his friends
being legion, and it is safe to predict
that his election is already assured,
and by a large majority.
The news of the death of Albert
McDowell, in New York, on Sun
day, was received here on Monday.
The remains were brought here on
Tuesday afternoon and taken to
Lightstreet for burial. The de
ceased was a son of the late Theo
dore McDowell, and was engaged
in business in New York, being the
inventor of a garment drafting ma
chine.
The boiler house, being erected
by the Normal School, on Penn
street, to furnish steam for the
buildings, is getting pretty well
along. The stack is just about
completed. It will be some time
before the work is entirely finished,
but they are prepared to furnish
steam in a day's time, should the
weather demand it.
Rev. C. H. Brandt, who has been
pastor ot Trinity Reformed Church
for the past five years, has resigned.
The resignation is to take effect the
first of November. He has accepted
a call from the Lawrenceville Re
formed Church. He has been an
active worker, and his pastorate has
been very successful.
A chicken and waffle supper will
be held in the Buckhorn M. E.
Church on Saturday evening, 24th
inst.
Is Two Mars Earned.
tNow is the time to
save it. This is the
store where you can
save it. $30,000.00
worth of first-class
Suits, Overcoats,
Hats, Shoes and Fur
nishings, are to be
closed out complete
ly. Why pay a profit
on wearables this
Fall, when you can
buy them from us at
actual manufactur
er's cost? Early buy-
ers get first choice.
Suifs and Overcoats of $15.00 quality, G. O. of B. Price, $ll.OO
" " 12.00 " " " " 9.00
" 11.00 " '• " " 8.00
" 10.00 7.50
900 . .< . 7 00
" 7.50 " " " 5.75
" 6.50 " 4.50
Boys' Suits, Overcoats & Reefers, $5.00 " " " 3.75
" " " 4.00 " " 3.00
" " " 3.00 " " " 2.25
2.50 " " " 1.75
FALL WEIGHT OVERCOATS.
Not too heavy, not too light. Just right for Fall wear.
Black, Grey Mixed, Tan.
$12.00 quality, $9.00. $ll.OO quality, $B.OO.
$lO.OO quality, $7.50. $ 9.00 quality, $6.50.
$ 7.50 quality, $5,50. $ 6.50 quality, $4.50.
HUNDREDS OF PAIRS OF FINE SHOES,
For men, boys, misses and children,
must be sold out completely. W. L.
Douglas Shoes. Strong, serviceable,
stylish. $4.00 quality, $3.00; $3.00
quality, $2.50; $2.50 quality, $1.90.
Women's 3 and 4 shoes. Fine
Shoes (small sizes), 98c.
HATS.
Stiff and Fedora. $3.00 kinds, $2.25;
$2.50 kinds, $1.75; $2.00 kinds, $1.50;
$1.50 kind, $1.15.
Children's Toques, Fall styles. 50c. kind 39c.;
39c. kind, 25c.
Children's Tarns, 50c. kind 39c.; 25c. kind 19c.
Men's Wool Merino Hose, 12* c. pair.
Boys' Waists, in wool or wool-mixed, cheaper
than mothers can make them. Splendid
wool ones, 50c. and 75c.
HEN'S UNDERWEAR.
Fleece Lined, Natural Wool, Camel's Hair, including the
celebrated " Luzerne " Hygiene. Shirts, 34 to 48; drawers, 30
to 46. .
$1.75 quality, Going Out of Business Price, $1.25.
1.50 " " " •' " J. 15.
1.25 ' " " " " " 89.
1.0(i " " " " " 75.
75 " " " " ■ 59.
50 " " " " " 39.
G-UDJDIJSTG- CO.,
lUJclo Front,
Nearly Opposite Court House. Two Doors Below Postoffice.
NO. 38

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