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P. L. 75.

Redstone Township. Each of the four LANCASTER LAW REVIEW. election precincts has an Assistant As

sessor for election purposes, &c., and Vol. XXXII.] FRIDAY, DEC. 11, 1914. [No. 6 Mr. E. F. Woodward is such Assistant

Assessor for election precinct No. 4, and as such made registration of the voters

of his district in May, 1914, showing Common Pleas-- Law

about 234 voters on his list, and at the Presidential election there were cast 122

votes in this precinct. All told, there are In re Registration of Voters in Redstone now on the list about 370 names. Towaship (No. 2).

Some time before September ist and

| 2d, 1914, which dates the Assistant AsElection law Improper registration of 1 sessor was required to be at the polling

i'oters When names should be place, Mr. Krepps, the Township Assesstricken from registry-Acts of May | sor, came to the Assistant Assessor, who 29, 1891, P. L. 134, and May 16, 1895, says that Mr. Krepps stated that the

County Commissioners “had sent him

to get the book; he said he was the AsThe court will order stricken from the regis

sessor and he said they sent him there try list names entered therein by the assessor without personal application and with post

to get my book to help him out," whereoffice and occupation given but no further upon the Assistant Assessor delivered information.

his Registry List book to Mr. Krepps, Men employed on state road contracts with who retained it for several days, and in an election district for more than two months before the election are not entitled to

when it was returned the Assistant Asvote unless they have become bona fide “resi- sessor found that upwards of 60 names dents," and the mandatory requirements of the had been entered thereon, noting after law must be followed as to their registration. each nothing but postoffice and occupa

" Residence" means a permanent home without any present intention of removing there- tion. With one exception, the names so from. A man does not lose or acquire resi- entered, while the book was in the posdence by employment merely; nor can he be session of Mr. Krepps, are irregular, and made a qualified voter by paying taxes for him and assessing him where he his tempor duty to declare them false and fraudu

from a legal standpoint it is clearly our arily employed without action in his part as to taking up a new residence.

lent and strike them from the Registry

List of Redstone Township election preProceedings to purge and correct Reg- cinct No. 4. This one made personal istry List of false and fraudulent regis application to the Assistant Assessor. trations. C. P. of Fayette Co. Decem- Another lot of names on the Registry ber Term, 1914, No. 226.

List, regarding which complaint is made, E. C. Higbee, of Sterling, Higbee & sistant' Assessor September 1st and 2d,

is composed of names entered by the AsMatthew's, for petitioner.

secured from two sources, viz. : W. J. Sturgis, of Reppert, Sturgis &

1. The assistant mine foreman from Morrou, contra.

Brier Hill coke works brought a list of

four or five or a half-dozen, and asked October 20, 1914. Opinion and order that they be entered, which the Assistant by UMBEL, P. J.

Assessor did, without personal applica

tion or any information other than the This is another proceeding under the name, postoffice and occupation. Act of May 29, 1891, P. L. 134, as 2. A Mr. Higinbotham brought a list amended by the Act of May 16, 1895, ) of names of men employed on a stateP. L. 75, for purging and correcting the oad contract in this election precinct in Registry List of Redstone Township

Redstone Township | he vicinity of Brier Hill, advising that election precinct No. 4.

a fellow on the state road had handed Mr. Sol G. Krepps is the Assessor o ''im those names and asked him to bring

them over,” requesting that they be en- As to registration, the Act provides tered on the Registry List, which was that the Assessor shall enter on his book done by the Assistant Assessor without only those "that he shall find upon carepersonal application and noting nothing ful and diligent inquiry to be bona-fide but the name, postoffice, occupation and residents of his district," and on his list date of entry.

he shall note the names of persons "who The names in i and 2 above are so

have moved into the election district to entered and intermingled that the Assist- reside since the last general election,” ant Assessor cannot separate or specify and “the assessor shall, in all cases, perthem other than that they came to him sonally ascertain by careful and diligent from one or the other of the above-noted inquiry of the voter or of some known sources; and in view of the fact that resident of the election district in which they are all improperly on the list and, i the voter claims the right to vote upon in law, false and fraudulent, that fact is what ground such person so assessed not material.

claims to be a legally qualified voter," Regarding the names in list 2 above, and in all such cases as these, “where a question is involved that has been any person claims to vote by reason of given some attention by the press

naturalization, he shall exhibit his certhroughout the state, viz. : whether men tificate thereof to the Assessor ... the $o employed on state-road contracts who name, shall be marked with the letter have been working in the district for N?” There is in the Registry List more than two months before the elec- book a special column for noting each tion have a right to vote in such district of the matters mentioned in this and the -of course, assuming that they are paragraph last preceding, none of which otherwise qualified.

plain, specific, mandatory and imperaIn this instance the names of the men

tive provisions of the Act were comso employed were entered on the Reg

plied with in these cases. istry List (a) without personal applica

"The qualifications of a

voter in tion from any of them, (b) without not- Pennsylvania are fixed by the Constituing “Voter."

age,' “N,” “D. 1.," tion, which is the supreme law and which " I. V.,” “R,” or “C. V." after each requires that a male citizen desiring to name, (c) without noting whether they vote : shall reside in the state one year are housekeepers or boarders, (d) with ; (or if having previously been a qualified out noting names of employers, (e) elector or native-born citizen of the state, without noting names and residences of he shall have removed therefrom and reknown residents of the district who fur- turn, then six months) immediately prenished information as to their qualifica- ceding the election.' He shall have retions as voters; all of which matters are

sided in the election district where he required by law in such cases. If ques- shall offer to vote at least two months tion had not been raised, doubtless every immediately preceding the election. If such name entered as aforesaid would twenty-two years of age or upwards, he have been included in the County Com- shall have paid within two years a state missioners' alphabetical list to the elec- or county tax, which shall have been tion officers. The names of these men

assessed at least two months and paid indicate that most, if not all, of them are

at least one month before the elect on." foreigners, so personal application and Coudersport Registry List, 23 C. C. R., sixtv days' working or residence in the 419. district would not entitle such men to be What do we understand by “bona-fide registered ; if they had not been voters residents or “to resideas used herein the district for at least two yeurs im- inabove in this connection? It means to mediately preceding the election, they dwell permanently. to have a settled must exhibit to the Assessor their nat- abode, dwelling or home; a place where uralization certificates and have the a man's habitation is fixed without any letter “V” noted after each name on present intention of removing it therethe Registry List.

from. Residence indicates permanency

of occupation as distinct from lodging | We think the presumption warranted or boarding or temporary occupation, that American-born citizens and foreignand, in a statute, the Supreme Court of ers who have been naturalized, engaged Maryland says, residence means the in such work, have a legal residence fixed home of the party.

somewhere when they enter on such emWe do not think anyone will seriously ployment, and such residence is not contend that strangers coming into a dis- changed by such employment without trict, employed on a public-road contract. more than merely living in the district come there to reside or are bona-fide while engaged on such work. residents of the district, they certainly A most vicious condition might dedo not come in the list of "permanency velop from allowing men who did not of occupation,” but come among those have a bona-fide residence in the district, included in "lodging or boarding or and men employed such as these are, to temporary occupation,” not having a vote. For instance, suppose, as in this “ fixed home" in the district.

case, 70 to 75 such men should be regisA man does not lose or acquire resi- tered and permitted to vote, and some dence by employment merely. It is a important local or county office was to well-known fact that a prominent c tizen be filled, they might have the balance of of this town has been employed for power, and the will of the majority of almost or quite a quarter of a century in the bona-fide residents be defeated by Harrisburg, yet he has retained his resi- the votes of men who were not suich dence in Uniontown and comes home to bona-fide residents, or in fact by men vote.

who were in the district but not there to Earnest party men have no right to reside or make it their home, and who assume that men so employed expect and would have no real concern in the matter intend to make the place of their em- one way or the other. ployment their residence and permanent

They are not entitled to vote in the home, and if they have them registered district where they are employed unless and assesserl, and pay or cause to be pail they are there as bona-fide residents, to taxes for them, that does not make them reside in the sense above noted, and eleclegally bona-fide residents and legally tion officers must not allow them to vote qualified voters in the district. Nothing nor deliver ballots to them withio'it strict short of such action on the part of the compliance with the spirit as well as the man himself and a good-faith compliance letter of the law. with all the formalities of the law would From the testimony submitted in this give him such right.

case, it clearly appears that there are on Persons might be so emploved for the list the names of several who are years and not become bona-fide resi- | minors, some who are not, and never i'ents, and have no intention of coming have been, resident of the district, and into the district to reside there, and, quite a number of foreigners who have without a careful and diligent inquiry not been naturalizerl, one of whom says and the noting of the same as required he has been only “six months from old by law, we think and find as a fact that country,” and another only one year. being so employed any length of time It is inconceivable that such condit ons does not give such employee a legal resi

as are established in this case could be dence such as to entitle him to be regis- the result of anything but a bold, open, tered and vote, regardless of how many notorious attempt on the part of some people might be able anl willing to one or more persons to pad the Registry swear that such person had had a phys- List with names of men who were not ical existence or place to stay in such qualified voters for the purpose of stufristrirt the length of time necessary to fing the ballot-box with false, fraudulent, give him the right to vote if he had been irregular and illegal votes. a bora-fide resident or had moved into ORDER OF COURT. – Now, October 16. the district to reside there, in the sense 1914. this matter came on for further of making it his home.

hearing: and now, October 20, 1914,

as

upon and after due consideration, and September 26, 1914. Opinion by Hassfor reasons set forth in opinion herewith LER, J. and opinion at No. 145, December Term, 1914, it is ordered and directed as fol- tered a judgment

On April 29, 1904, the plaintiff en

against the abovelows, viz.:

named defendants for $2,000 to April 1. (a) That the names entered on the

The note upon

Term, 1904, No. 20. Registry List of Redstone Township which it was entered is dated April 2, election precinct No. 4, by Sol G.

1904. Krepps, or by some one else while said April 4, 1910, to January Term, 1910, No.

This judgment was revived on book was in his possession and custody, 841, by amicable scire facias dated April, viz., Adam Adams (and 62 others named

1910. Execution was issued on the in order filed); (b) That the names entered on said virtue of which the personal property of

latter judgment on March 28, 1914, by Registry List book by the Assistant Is both the above-named defendants was sessor, Sept. 1st and 2d, 1914, from lists levied on by the sheriff. furnished and delivered to him (a) by the Assistant Mine Foreman of Brier

On March 31, 1914, P. W. McLaughHill and (b) by Mr. Higinbotiam. viz., lin, one of the defendants, presented his Alplionse John (and 71 others named in petition to this Court asking to have the order filed), be and the same are hereby judgment opened. In it he alleges that stricken from the Registry List of Red- he did not sign either the note upon stone Township election precinct No. 4.

which the judgment was entered, except 2. That E. F. Woolward, Assistant

a witness, nor the amicable scire Assessor of Redstone Township election facias, but that on both his name has precinct No. 4, proceed forthwith to cor

been forged, and that he had no knowlrect said Registry List accordingly.

edge that a judgment had been entered 3. That the County Commissioners against him until the sheriff levied upon

3. That the County Commissioners This property three days before he preshall not include any of the said 135 names (being 63 in (a) and 72 in (sented his petition to this Court. The above) in, but must omit and exclude all | plaintiff in his answer denies these alleof them from the alphabetical list which gations. In the depositions taken the they shall have prepared and delivered petitioner is corroborated by his father, to the officers of the election for Red- the other defendant in the judgment stone Township election precinct No. 4. these circumstances it is well settled that

The plaintiff is not corroborated. Under

the defendant is entitled to have the (See preceding cases.)

judgment opened so that the question of the genuineness of his signature may be

passed upon by the jury. Pennell v. McLaughlin.

We therefore make absolute the rule

to open the judgment so that it may be Judgment-Opening of-Forgery.

ascertained whether P. W. McLaughlin A judgment will be opened on the allega- signed the judgment note upon which tions of the defendant that he did not sign the judgment was entered and the amicable note on which it was entered, where he is scire facias upon which it was revived. corroborated by another witness, but contradicted by the uncorroborated testimony of the plaintiff.

Rule to open judgment. C. P. of Lancaster County. January Term, 1910, No. 841. Fi. fa. to April Term. 1914,

No. 42.

Covle & Keller and W. U. Hensel, for rule.

B. F. Davis, contra.

Wiley v. Philadelphia & Reading Railway shut in upon the track and entrapped in Co.

front of the train. He was not looking Automobiles - Railroad crossingCon- had seen it coming while still at a dis

toward the plaintiff's car, although he tributory negligence.

tance. We think the Court's charge, so Plaintiff was approaching a railroad crossing

far as it referred to the defendant's duty with which he was familiar in his automobile

under the facts of the case, was correct, at the rate of about ten miles an hour, and as and that the question of defendant's he was about to cross, the gateman lowered negligence, in the absence of contribuplaintiff. On motion of defendant for judg- tory negligence on the part of the plainment non obstante veredicto: Held, that the tiff, woull have been for the jury. It court should have charged that the failure of was clearly the duty of the gateman to plaintiff to keep his automobile at such a speed as to make it possible for him to control it

, them, as not to bring them in co itact

so operate all the gates, as he lowered so as to avoid coming in contact with descending gates, was contributory negligence per se.

with passing vehicles, and he should The case of Hudson v. Lehigh Valley R. R. have watched all points where there was Co., 54 Pa. Superior Ct. 107, distinguished.

danger of such an accident: Hudson v.

Lehigh Valley R. R. Co., 54 Pa. SupeMotion for judgment non obstante rior Ct., 107. The Court's instructions veredicto. C. P. of Montgomery Co. to the jury as to the plaintiff's duty Varch Term, 1913, No. 28.

under the circumstances, we think, also

constituted a correct statement of the William P. Young, for plaintiff.

law. It said: “This will lead you to a

consideration of what was the duty of Evans & Dettra, for defendant.

the plaintiff under the circumstances, RYAN, P. J., 7th judicial district, spec

because there were duties devolving ially presiding

upon him at that time which he was

bound to observe, as well as duties deOn May 5, 1912, about 11:40 o'clock volving upon the defendant. It is in eviin the forenoon, the plaintiff's automo

dence that he was familiar with this bile was struck and damaged by a de- crossing. He had been there before scending safety-gate of the defendant as numerous times, as the Court remembers plaintiff was attempting to cross the de- his testimony; at any rate, he was fendant's tracks at the intersection of acquainted with the locality. He was Hanover and Queen Streets, in the Bor- | bound, therefore, to bear in mind as he ough of Pottstown. According to the approached the crossing the fact that plaintiff's testimony, he approached the those gates were lowered from time to crossing at a speed of ten miles an hour. time. It was his duty to look out for He was following a team and was about signals that the gates were being lowten or twelve feet from it as he neared ered, and to keep his automobile at such the railroad. As he approached the a speed as would make it possible for tracks he saw the gateman at the point him to have it under such control as from which the gates operated, but with would enable him to stop and avoid conhis back toward plaintiff. Plaintiff, tact between the descending gates and when ten or twelve feet from the cross- | his vehicle. His failure to observe these ing, sounded his horn and attempted to precautions would be evidence of conpass to the left of the team ahead of tributory negligence." We think the him. A train was approaching at the Court should have gone further and detime, and the gateman started to lower clared such failure on plaintiff's part to the gates to shut off the crossing. He have been contributory negligence per se. was watching another team which was The evidence was undisputed that the about leaving the tracks on the farther plaintiff approached the crossing at such si'e, and was so manipulating the gates a speed that, although he heard the at that point with reference to the team warning signal of the descending gate that it might not be struck by them or while he was eight or ten feet from it,

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