In re Clarion Borough to contest election of Black

Citations

• 189 Pa. 79
• 41 A. 995
• 1899 Pa. LEXIS 605

Syllabus

<p>Boroughs—Election of eouncilmen—Statutes—Bepeal—Acts of April 6, 1841, April 3, 1851, June 1, 1883, and May 22, 1895.</p> <p>The Act of May 22, 1895, P. L. 109, relating to the election of councilmen in boroughs not divided into wards, does not repeal the local Act of April 6, 1811, P. L. 155, incorporating the borough of Clarion, in so far as the latter act relates to the election of council men and the filling of a valiancy in the office of councilman where there is a tie vote.</p> <p>The borough of Clarion was incorporated by the special Act of April 6, 1811, P. L. 155, section 2 of which provided that at elections for borough officers l-in case any two or more candidates should have an equal number of votes, the preference shall be determined by lot.” In 1873, the borough of Clarion, by appropriate proceedings brought itself under the general borough Act of April 3,1851, P. L. 320. Held, (1) that the method of deciding title to office on a tie vote was not affected by the coming of the borough under the Act of April 3, 1851, P. L. 320; (2) that neither the Acts of June 1, 1883, P. L. 54, nor May 22, 1895, P. L. 109, repealed the provisions of the Act of April 6, 1841, P. L. 155, relating to the filling of the office of councilman by lot when there was a tie vote.</p>