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PALMER v. HELM. STOUT (05/04/66)

decided: May 4, 1966.

PALMER, APPELLANT,
v.
HELM. STOUT, APPELLANT, V. HELM



Appeals from orders of Court of Common Pleas of Dauphin County, Commonwealth Docket, 1966, Nos. 106, 107, 117 and 118, in re nomination petitions of Juanita Kidd Stout and Clinton Budd Palmer; Clinton Budd Palmer v. W. Stuart Helm, C. Russell Welsh, Jr. and Joseph C. Bye; and Juanita Kidd Stout v. Same.

COUNSEL

Edwin P. Rome, with him G. Thomas Miller, Goncer M. Krestal, and Blank, Rudenko, Klaus & Rome, for appellants.

Raymond Kleiman, Deputy Attorney General, with him Edwin W. Tompkins, Deputy Attorney General, and Walter E. Alessandroni, Attorney General, for Commonwealth, appellee.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Mr. Justice Cohen dissents. Dissenting Opinion by Mr. Justice Musmanno.

Author: Per Curiam

[ 421 Pa. Page 307]

Appeal quashed. [in appeals 1 and 2].

Order affirmed. [in appeals 3 and 4].

Disposition

Appeals Nos. 1 and 2 quashed; orders affirmed in Nos. 3 and 4.

Disssenting Opinion by Mr. Justice Musmanno:

The decision of the Court in these cases, denying two present Judges of the Commonwealth the right to appear as candidates on the Republican ballot for the office of Judge of the Superior Court constitutes, in my view, a deprivation of the constitutional prerogative of unhampered candidature. Although the majority of this Court has filed no opinion explaining its action, that action violates not only the Constitution and the laws of the Commonwealth, but the fundamental rules of fairness prevailing throughout the United States in the matter of assuring every citizen the opportunity to present himself as a candidate for any office for which he possesses the requisite qualifications.

On March 8, 1966 at approximately 12:30 p.m., there were filed in the office of the Bureau of Elections in Harrisburg, nomination petitions on behalf of Judges Juanita Kidd Stout and Clinton Budd Palmer for candidacy on the Republican Party Ballot for the office of Judge of the Superior Court. Three hours later there were filed in the same office in behalf of the same Judges, more nominating petitions to be added to the petitions already filed. It was discovered later that the original petitions filed in the names of these candidates, did not contain enough properly authenticated signatures to ...


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