In re Clarion Borough to contest election of Black
Supreme Court of Pennsylvania
Appeal, No. 109, Oct. T., 1898, by • Jacob Black, from order of Q. S. Clarion Co., Feb. T., 1898, No. 54, declaring office of councilman vacant. Petition to declare vacant tlie office of town councilman held and exercised by Jacob Black.
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Appeal, No. 109, Oct. T., 1898, by • Jacob Black, from order of Q. S. Clarion Co., Feb. T., 1898, No. 54, declaring office of councilman vacant. Petition to declare vacant tlie office of town councilman held and exercised by Jacob Black. The following agreement of counsel was filed of record: “ It is hereby agreed by the counsel for the respective parties to this issue: that at the borough election held for the borough of Clarion on February 15,1898, Jacob Black received 151 votes for member of town council and Porter Haskell received 151 votes for member of town council; a tie vote being…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The borough of Clarion was incorporated by special act of April 6, 1841, P. L. 155, sec. 2 of which provided that at elections for borough officers “ in case any two or more candidates should have an equal number of votes, the preference shall be determined by lot,” etc. This was in accord with the general Act of April 1, 1834, P. L. 164, sec. 5, regulating borough elections. It appears to have been the legislative policy that in the election of subordinate officers, such as those of boroughs, where the choice of the electors was so evenly balanced, the decision…
2Cited by2 opinions
- Commonwealth v. KrapfSupreme Court of Pennsylvania · 1915
- Fountain Hill Borough v. Wohlbach, Pennsylvania Court of Common Pleas, Lehigh County1960