Blank, Rome, Klaus & Comisky, Goncer M. Krestal, Philadelphia, for appellant.
Shirk, Reist & Buckwalter, Thomas L. Goodman, Lancaster, for appellees M. McCorkel and M. Charlene Musser.
Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Jones, former C. J., did not participate in the consideration or decision of this case. Roberts, J., concurs in the result and does not adopt the opinion of the Commonwealth Court. Eagen, J. (now Chief Justice) and Manderino, J., dissent.
On April 14, 1975, an Order was entered by this Court, affirming the Order of the Commonwealth Court. The majority of this Court adopts the reasons set forth by President Judge Bowman of the Commonwealth Court in the Memorandum Opinion filed by him on March 25, 1975. The contents of that Memorandum Opinion follow:
Ten sheets containing the signatures of 239 ostensible qualified Republican electors constitute the nomination petition of Penn B. Glazier for the office of Judge of the Second Judicial District (Lancaster County) in the forthcoming Republican Primary.*fn1 Two qualified Republican electors timely filed objections to said petition, asserting a variety of reasons for setting aside the petition as lacking the requisite minimum 200 valid signatures and because of alleged irregularities concerning the circulation of eight of the ten sheets by persons other than the individual who certified to have been the circulator and made the requisite affidavit to that effect.
At hearing, a number of objections as to the sufficiency of certain signatures were stipulated by counsel to no longer be in issue for that reason, and as to several other objections of this nature, the petitioners offered no supporting proof. As to those signatures attacked as being of persons not registered to vote, the record clearly discloses that thirteen (13) were not so registered*fn2 and one (1) signature identified as "Mrs. Morrow" (Sheet 6, line 14), without further proof, must likewise be stricken. Additionally, on Sheet 1, lines 18-32 inclusive, it is manifest that the residences, occupations and date of signing were not recorded by the signators but by another unknown party. While such deficiencies are possibly amendable, no evidence was offered to rehabilitate these deficiencies nor motion to allow amendment thereof was made at hearing. Hence, these fifteen (15) signatures must be stricken, making a total of twenty-nine (29) disqualified signatures for the reasons noted.
The critical issue, however, turns on the legality of all but two of the ten sheets comprising the nomination petition, which eight sheets bear the signature and affidavit of C. Byron Kohr as the circulator of said sheets. With ...