JJL jJY PIKE, Editor and Publisher. HI IS A TXIBUiX WHOM TEX TBTJTH MASK KHK, AXD ALL ABB BLATKfl BKSIDK Terms, S2 per year In advance. 0 ' ; 1 1 - j a, . . ' . 1 . . - , . - ' "' i , , . . -. VII. ;0 sriTUTiON. f0itiftion proposed to the tf tf'f Commonwealth tht'ir oppt-oval or rejection, r.he Constitutional Convention. i!,e p'-i'I HI"11 ' 1.1. I". Vis. '. iilllll "A Art to T' r..r rallinur Convnlln to I the 4 ..usillut Ion." npprorcil "itbilny April, A. I. IS72. 'I;liAMltLE. of' the Commonwealth of s ,.( ( : v i I and religious liberty, ,,1,'v jinking 1 1 is guidance, do or- '.Tjestablij-h i liif Constitution. AKT1C1.K 1. rif;iI.AlATHV OF RIGHTS. . ygeui ral, great and essential prin '.' -rtv a iid free ertvernment mar ' -ijnl and unalterably established", . 1. All men are born eqnany iree lijtfii.lnit, and have eertain inherent MVaMl'ie rights, among nima are of enj"j in ami iieieiuiing me ami 1,'nniiiiTty and reputation, ami of pur- I;-irii happiness. J power is inherent in the peo t ,ia'.l free governments are founded f r :r.itli"r:'y ami instituted for their s.iiViv ai.4 happiness. For the ad-Jt.'-u! i 1' ili 'se ends they have at all k in iiiiilii-iia'-h' ami indefeasible right rrt'.inii "f aholish their government huunM-r as they may think proper. 3. AH tut--i have a natural and inde ,c r:.hi t worship Almighty God ac- h the tates of their own con t ; 11.1 111:111 1:111 of right be compelled i r- ' t "i" support any place 01 wor i r tn maintain any ministry against 1 1:. lit ; ii'1 human authority can, in fr uiiU'cvrr, control or interfere with fi', i t must ienet, and no preference , ,.r 1 iv -n bylaw to any religious 4i-li-.ni".i' "i modes or worshii. 4 1. N ' i' r- mi who acknowledges the J"f 4 ii il a:l a future state of rewards jtiuisJiwidi's shall, on account of hi re- 4 (ii-iiiiunn, be disqualified to hold jp.v or ji'a. of trust or profit under - mill' m u ial 111. 5. i:ii . ii"iis shall be free and eqnal ; m er, civil or miinary, snail ai any tertVrv to prevent the free exercise of t '("siiJl'i ae. Trial by jury shall W as hereto ii the riht thereof remain inviolate. '. The printinir press shall le free to rx'ii who may undertake to exaui-iro-eedints of the Ijej;ishitnre or h of government, :vnd 110 law shall t iate to restrain tne ri;lir tnereot. i comiuunicatioii of thoughts and is one of the invaluable rights of 1 eviry cilix.eu may freely sjieak, Hid unut 011 anv sul'iect. lieintr re- for the alms" of that libertv. No ftiimi shall le bad in anv prosecution 4I pnblicattui of paers relating to the udu t of otliccrs or men- in pub'.ie ity, or to any other matter pTOper for 3 in vestigat ion or int'ormatiou where Lut that such publication was not 111a- 4? or negligently made shall be estab- the satisfaction of the jury ; and iu I tnientM tV.rlilHds the jnrj- shall have Jl.t to dcterniine.the law ami the facts, ri.ie directwu 01 the court, ai iu other s. 1 ne people snail oe secure in ineir . houses, iajers ami possessions, 5 t'ln asf'U.tble searches ami seizures, warrant tj search any place or to t v person or tilings, shall issue with- ril'ing them as nearly as may be, nor 4 probable cause, supported by oath e lati'.u, KUbscntk'd to by the athant. S'.i. In all criminal prosecutions the hath a right to be heard by himself fiinuisH, to demand the nature and ft Ti ,1 J' the a' '.'istioii against, him, to meet -s- s i".ice to face, to have compul f ..si,r obtaining witnesses iu his (ill in prosecutions by indictment or I'H;. a speedy public trial by an itn .v.ry 1 1 the vicinage; he cannot b il to ;ivr evidence against himself, Viie ih nrived of his life, libertv. or "ii t !i::'.--ss bv the judgment of his . I'i.i.'l.i.v oft he land. I'" N" person shall for any indicta- . ! proeeeded against criminally, i'- vi'-u. except ill cases arising iu L , .- : . 1. . .: 1 : : !C'i T ' ' ,i,val lorces, or tn the nnlitia, f m.i.i; service, in time ot war or I' K'T, "r by leave of the court, for ii "r misdemeanor in orlice. No lii'i l"rtha same oilense be twice l'V'U of life or limb; nor shall ;ir"l"Ti r taken or applied to pulv ''li'tr.t aiithoritv of law. ami with- I'unpeii.sntion being lirat ni:ule or ): All courts shall oe oiicn : and n r,,r ;4n iujui v done him in his L'.'Aii. pi-rsou, or reputation, shall r-tiv i v due courso of law. and J'stii t- ;i.lm'mistercxl without sale, 'i" ai. Muts mav be brouirht l' (ii:uiouwealth in such manner, And m such cases as the L.eg Jv hy lAvr direct. -No power of suspending laws -r ist-il unless by the L"gifflature 'n'ai.ri'y. Exiesivt? hail shall not be re ;'r t.ee-ive lines imposed, uor "H::.i-i.u inili.'i.1 a: .ii icrs shall Ve bailable bv M!vt;. s. 111. less for capital offenses, ?r'K'! i evident or presum ption the privileg of the writ of P.i i-ha'! not lie suspended, un 1 hi ';(.- ,f reiH'llion or invasion . i-ty may require it. ii:',!0'' .'""""'S!i'"" of oyer ami term- i-nail tie issued. ie,.s.ii, of a dobtor. where preniiinptiou of fraud, t in prison after leliv lor the benefit of his '"-l vr,,.,. lA; "u l-'a;:uer as shall be pre. Mi. .. . i:;, V, 'r ''AfTo law, nor any ;nvv 1 1Ia,"'u ot contracts, " "'alio' :'lv ,raiil ,.f uou.ool N.""""'.,.., (.hall Ik; .asscl. tit,,1"'1""1 s''all Iw attainted of .i. x J 'v"y lh,: Wiiatuw. "l :"l,'r -ball work corrup- J,-r"f. r'to v n'l ,luri"8 the Ufa of oh "iu-o i f estate to the Com- s:n!v r r,:i,e such persons as it.' I v" lives Khall 'lesceml M 7 '' lt"ral death, and if Nl l ',' 1 lll,'l by casualty, '' turfLiture by reason '"'Miner t fl right In a Sin...,,,,. ," :i-iM "'We toeethor fur h i to apply to those V rs Ol iMTAri,.nAnt Fn- '.I'' I, ' ..'"'"u.i !,?('. 'r l,lll-'r proper pur- V, , rHliioiiMt.mnrA ! "I ' "ienHtolmar arms v a ml the State shall EBENSBURG, PA., FRIDAY, DECEMBER 12, 1873. rNUMBER 45. l k-'t 1 '"'-"'.v shall, in time S Jlur-. a V '"'" consent of ;''"; ;'i i' i"""K- in strict sub-' 1 -uai: in tirpe of peace be quartered iu any house without the con- .w.. . . e . i ... acu it oi nm owner, nor in lime ol war but in a manner to be prescribed by law. Seo. 24. The Legislature shall not grant any title of nobility or hereditary distinc tion, nor create any office the appointment of which shall be for a longer term thau dur ing good behavior. Sec. 25. Emigration from the State'shall not be prohibited. Sec. 26. To guard against -transgressions of the high powers which we have dele gated, we declare that everything in this ar ticle is excepted out of the general powers ot government, ami shall forever remain in violate. ARTICLE II. THE LEGISLATURE. Sectiox 1. The legislative (lower of this Commonwealth shall le vested in a General Assembly, which shall consist of a Senate and a House of Representatives. Sec. 2. Members of the General Assem bly shall be chosen at the general election every second year. Their term of service shall ltegin on the first day of December next after their election. Whenever a vacancy shall occur in either House, the presiding ofrh-er thereof shall issue a writ of election to fill such vacancy for the remainder of the term. Sec. 3. Senators shall be elected for the term of four years and Representatives for the term of two years. ' Sec. 4. The General Assembly shall meet at twelve o'clock noon, on the first Tuesday of January every second year, and at other timos when convened by the Governor, but shall hold no ad. jonrnod annual session after the year one thousand eight hundred and seventy-eight. In case of a vacancy in the otfice of United States Senator from this Commonwealth, in a recess between ses sions, the Governor shall convene the two housus by proclamation on notice not ex ceeding sixty days to fill the same. Sec. 5. Senators shall be at least twenty five years of age, and Representatives twenty-one years of age. They shall have been citizens and inhabitants of the State four years, and inhabitants of their respective districts one year next before thuir election (unless absent on the public business of the United States or of this State), and shall re side in their respective districts during their terms of service. Sec. G. No Senator or Representative sha'.l, during the time for which he shall have been elected, be appointed to any civil office under this Commonwealth, and no niemlier of Congress or other person holding any office (except of attorney-at-law or iu the militia) under the United States or this Commonwealth shall be a member of either house during his continuance iu office. Sec. 7. No person hereafter convicted of emtx-zzlemeut of public moneys, brilery, perjury or other infamous crime, shall be eligible to the General Assembly, or capa ble of holding any office of trust or profit in this Commonwealth. Sec. 8. The members of the General As sembly shall receive such salary and mile age for regular and special sessions as shall t nxel iiy law, and no other compensation whatever, whether for service upon commit toe or otherwise. No member of either house shall, during the term for which he may have been elected, receive any iucrease of salary, or mileage, under any law passed during such term. Sec. S. The Senate shall, at the beginning and close of each regular session and at such other times as may be necessary, elect one of its members president pro temjtore, who shall perform the duties of the Lieuten ant Governor, in auy case of absence or disa bility of that otiicer and whenever the said otfice of Lieutenant Governor shall be va cant. The House of Representatives shall elect one of its members as Speaker. Each houso shall choose its other officers, and shall judge of the election aud qualifications of its members. Sec. 10. A majority of each House shall constitute a quorum, but a smaller number may adjourn from day to day, and compel .he attendance of absent members. Sec. 11. Kach house shall have power to determine the rules of its proceedings and punish its members or other persons for con tempt or disorderly behavior in its presenco, to enforce obedience to its process, to pro tect its members against, violence, or otters of bribes or private solicitation, and with the concurrence of two-thirds, to exjel a member, but not a second time for the same cause, and shall have allotherpowers neces sary for the legislature of a free State. A tnemlHT expelled for corruption shall not thereafter be eligible to either house, and punishment for contempt or disorderly be havior shall not bar au iudlctnieut for the same offense. Sec. 12. Each house shall keep a journal of its proceedings, and from time to time publish the same, except such parts as re quire secrecy, and the yeas and nays of the members on" any question shall, at the desire of any two of them, be entered on the journal. Sec. 13. The sessions of each house aud of committees of the whole shall be open, un less when the business is such as ought to be kept secret. Sec. 14. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the. two houses snail oe suiing. Sec. 15. The members of the General As sembly shall in all cases, except treason, felony, violation af their oath of office, and breach or surety of the pea-e, lie privileged from arrest during their attendance at the sessions of their respective houses, and in going to aud returning from the same ; and tor anv sjeech or debate in either house they shall not be questioned in auy other 1 1 Ski "O ifi Tb State shall be divided into fifty Senatorial districts of compact and con tiguous territorv, as nearly equal in popula tion as may be, and each district shall be en titled to elect one Senator. Each county containing one or more ratios of population shall be entitled to one Senator lor each ra tio, and to an additional Senator for a sur plus of population exceeding three-fifths of !. ratio ; but no county shall form a serrate district unless it shall contain four-filths o a ratio, except where the adjoiuing counties are each eutitlud to one or more Senators, when such county may be assigned a Sena tor on less than four-fifths, and exceeding one-half of a ratio, and no couuty shall bo divided unless eutitled to two or more Sena tors. JS'o city or county shall be entitled to separate representation exceeding one-sixth of the whole number of Seuators. )o ara, borough, or township shall be divided in the formation of a district. The Seuatonal ra tio shall be ascertained by dividing the whole population of the State by the num ber fifty. p Sec. 17. The member of a 'Be of Representatives shall bo apportioned among the several counties, on a ratio obtained by dividing the population of the State as as certained by the most recent United States census by two hundred. Every county con taining less than rive ratios shall have one representative for every full ratio, and an additional representative when the surplus exceeds half a tatio ; but each county shall have at least one representative. Every county contaiuing five ratios or more shall have one representative for every full ratio. Every city containing a population equal to a ratio shall elect separately its projMirtion of the representatives allotted to the county in which it is located. Every city entitled, to moratliau lour representatives, aud every county havinc over one hundred thousand 1 inhabitants, shall be divided into districts of compact and contiguous territory, each district to elect its proportion of representa tives according to its population, but no dis trict shall elect more than four representa tives. Sec. 18. The General Assembly at its first session after the adoption of this constitu tion, and immediately after each United States decennial census, shall apportion the State into Senatorial and Representative districts agreeably to the provisions of the two next preceding sections. ARTICLE III. LEGISLATION. Section 1. No law shall be passed except by bill, and no bill shall be so altered or amended on its passage through either house as to change its original purpose. Sec. 2. No bill shall be considred unless, referred to a committee, returned therefrom ami printed for the use of the members. Sec. 3. No bill, except general appropria tion bills, shall be passed, containing more thau one subject, which shall be clearly ex pressed in its title. Sec. 4- Every bill shall be read at length on thre different days in each house ; all amendments made thereto shall be printed, for the use of the members before the final vote is taken on the bill, and no bill shall become a law unless on its final passage the vote be taken by yeas and nays, the names of the persons voting for aud against the same be entered on the journal, and a ma jority of the members elected to each houso be recorded thereon as voting in its favor. Sec. 5. No amendment to bills by one house shall be concurred in by the other, except by a vote of a majority of the mem lers elected thereto taken by yeas and nays, and the names of those voting for and against recorded niou the journal thereof ; and re lorts of committees of conference shall be adopted in either house only by the vote of a majority of the members elected thereto, taken by yeas aud nays, anil the names of those voting recorded upou the journal. Sec. 6. No law shall be revived, amended, or the provisions thereof extended or con ferred by reference to its title only, but so much thereof as is revived, amended, ex tended, or conferred, shall be re-enacted and published at length. Sec. 7. The General Assembly shall not pass any local or special law; Authorizing the creation, extension or im pairing of liens; Regulating the affairs of counties, cities, townships, wards, boroughs, or school dis tricts; Changing the names of persons or places; Changing the venue in civil or criminal cases; Authorizing the laying out, opening, al tering, or maintaining roads, highways, street, or alleys; Relating to ferries or bridges, or Incorpo rating ferry or bridge companies, except for the erection of bridges crossing streams which form boundaries betweeu this and auy other State; Vacating roads, town plats, streets or al leys; Relating to cemeteries, graveyards or pub lic grounds not of the State; Authorizing the adoption of or legitima tion of children; Locating or changing .county seats, erect ing new counties, or changing couuty lines; Incorporating cities, towns, or villages, or changing their charters; For the opening and conducting of elec tions, or fixing or changing the place of voting; Granting divorces; Erecting new townships or boroughs, changing township lines, borough limits, or School districts; Creating offices, or prescribing the powers aud duties of officers in counties, citirs, bor oughs, townships, election or school dist ricts; Changing the law of descent or succession; Regulating the practice or jurisdiction of, or changing the rules of evidence in any judicial proceeding or inquiry before courts, aldermen, justices of the jieace, sherins, commissioners, arbitrators, auditors, mas ters in chancery, or other tribunals, or pro viding or changing iiiethods for the collec tion of debts, or the enforcing of judgments, or prescribing the effect of judicial sales of real estate ; Regulating the frtes, or extending the powers anu duties of aldermen, justices of the peace, magistrates, or constables; Regulating the management of public schools, the building or repairing of school bouses, and the raising ot money for such purposes ; Fixiug the rate of interest; Affecting the estates of minors or persons under disability, except aftr due notice to all parties ih interest, to be recited in the special enactment ; Remitting tines, penalties and forfeitures, or refunding moneys legally paid into the Treasury;. Exempting property from taxation; Regulatiug labor, trade, mining, ormanu-facturintr; Creating corporations, or amending, re- J Hewing, or extending ine charters rnereoi ; Granting to any corporation, association, or individual any siecial or exclusive privi lege or immunity or to any corporation, as sociation or individual the right to lay down a railroad track. Nor shall the General As sembly indirectly enact such special or local law by the partial repeal of a general law, but laws repealing local or special acts may be passed. Nor shall any law be passed granting powers or privileges in any case where the granting of such owersaud priv ileges shall have been provided for by gen eral law, nor where the courts have juris diction to grant the same or give the relief asked for. Sec. 8. No local or special bill shall be passed unless notice of the intention to ap ply therefor shall have been published in the locality where the matter or the thing to bo affected may be situated, which notice shall be at least thirty days prior to the introduc tion into the General Assembly of such bill, and in the manner to be provided by law ; the evidence of such notice having been pub lished, shall be exhibited in the General Assembly lie fore such act shall be passed. Sec. 9. The presiding officer of each house shall, in the preseuco of the house over which ho presides, sign all bills and joint resolu tions passed by the General Assembly, after their titles have been publicly read immedi ately before signing, and the fact of signing shall be entered on the journal. Sec. 10. The General Assembly shall pre scribe Jby law the number, duties and com pensation of the officers aud employees of each house, and no payment shall be made from the State Treasury, or be in any way authorized to any persou, except to an act ing officer or employee elected or appointed, in pursuance of law. Sec. 11. No bill shall be passed giving any extra compensation to auy public officer, servant, employee, agent or contractor, af ter services Bhall have been rendered or con tract made, nor providing for the payment of any claim against the Commonwealth, without previous authority of law. fEC. 12. All stationery, printing, paper, amhfuel used in th legislative and other departments of government shall bo furnish ed ami the printing, binding, and dis tributing of the laws, journals, department reports, ami all other printing and binding, aud the repairing and furnishing the ha.ls and rooms used for the meetings of the Gen eral Assembly and its committees, shall bq performed under contract, to be given to the lowest responsible bidder IhjIow such maxi mum price and under such regulations as shall be prescribed by law ; iio member or officer of any department of the government shall be in any way interested in such con tracts, and all such contracts shall be sub ject to the approval of the Governor, Audi tor General aud Suite Treasurer. Sec. 13. No law shall extend the term of any public officer, or increase or diminish his salary or emoluments after his election or appointment. Sec. 14. All bills for raising revenue shall originate in the House of Representatives, but the Senate may propose amendments as in other bills. Sec. 15. The general appropriation bill shall embrace nothing but appropriations for the ordinary expenses of the executive, legislative and judicial departments of the Commonwealth, Interest on the public debt, and for public schools ; all other appropria tions shall be made by separate bills, each embracing but one subject. Sec. 16. No money shall be paid out of the Treasury except upon appropriations made by law and on warrant drawn by tho proper officer in pursuance thereof. Sec. 17. No appropriations shall be made to any charitable or educational institution not under absolute control of the Common wealth, other than normal schools establish ed by law for the professional training of teachers for the public schools of the State, except by a vote of two-thirds of all tin memliers elected to each house. Sec. 18. No appropriations except for pen sions ot gratuities for military services shall be made for charitable, educational or be nevolent purposes, to auy person or commu nity, nor to any denominational or sectarian institution, corporation or association. Sec. 19. The General Assembly may make appropriations of money to institutions wherein the widows of soldiers are support ed or assisted or the orphans of soldiers are maintained and educated ; but such appro priation shall be applied exclusively to the support or sucu widows and orphans. ARTICLE IV. TriK executive. Sectiox 1. The Executive Department of this Commonwealth shall consist of a Gov ernor, lieutenant Governor. Secrata.iv nr retary of the Commonwealth, and Klve notice thereof by public proclanmtion within thirty days after such adjournment. Skc. 16. The Governor shall have power to disapprove of any item or Items of any bill mak ing' appropriations -f money, embracing dis- ...v . i,i;iiinuU i no pari or parts ox toe oiii np the Commonwealth. Attorney General A ... 51. ",n .e th ,w and the Item or items ditor General Rtt- TV.,.. ' "V' 1 V' -?L,r?"uon disapproved shall be void, un- t i Vi ' lA-l""'J CTa repasseu according to th internal Affairs, and a Superintendent of tions prescribed fort be paw Public Instruction Sec. 2. The supreme execntive power shall be vested in the Governor, who shall take care that the laws be faithfully executed; he Bhall be chosen on the day of the general election by the qualified electors of the Com monwealth, at the places where they shall vote tor Representatives. The returns of every election for Governor shall be sealed up and transmitted to the seat of govern ment directed to the President of the Senate, who shall open and publish them in the nres- V""" i...".o "" oi mo ' ia the same, with all Diner, minute nt General Assembly. The person having the ! vouchers relating- thereto, before either branch highest number of Votes shall bo Governor. I r tho General Assembly, aud perform such a rules aud liuiita- Diuarfi nf nthr bill. v?r inv ciecuilTC VCIO. Sec 17. The Chief Justico of the Supreme Court shall preside upon the trial of anv con tested election of Oovornor or Lieutenant Gov ernor, and shall decide questions rcjrardinjj the admissibility of evidence, and shall, upon request of the committee, pronounce hi opin ion upon other questions of law involved In the trial. The Governor and Lieutenant Gov ernor shall exercise the duties of their respect ive offices uutil their successor shall be dulv """"nea. i petire aistrict nvw which thev m e to I Skc, 18. The Secretary of the Commonwealth ' and ahall hold thir office ur the period Mm atr a reuoru ot ail oinciai acts ana pro- ccwainira or me uovernor, anl when required but if two or rriore be eqnal and highest in votes, one of them shall be chosen Governor by the joint vote of the members of both houses. Contested elections shall be deter mined by a committee, to le selected from both bouses of the General Assembly, and formed and regulated in such mannef as shall be directed by law. Sec. 3. The Governor shall hold his offica during four years from the third Tuesday of January next ensuing his election, and shall not lie eligible to the office for the next suc ceeding term. Sec. 4. A Lieutenant Governor shall be chosen at the same time, in the same man ner, for the same term, and subject to the same provisions as the Governor; he shall be president of the Senate, but shall have no vote unless they be equally divided. Sec. 5. No person shall lie eligible to the office of Governor or Lieutenant Governor except a citizen of the United States, who shall have attaiued.the age of thirty years, and have been seven years next preceding his election an inhabitant of the State, un less he shall have been absent on the public other duties as may be enjoined upon him by Sr.c. 19. The Secretary of Internal Affairs shall exercise all the bowers and Derform all i the duties of the Surveyor General, subject to flucn cnang-es as shall be made by law. Hi is de Sec. 20 The General Assembly shall not J business of the United States or of this State delegate to any special commission, private corporation or association, auy power to make, supervise or interfere with any mu- ! nicipal improvement, money, property or j effects, whether held in trust or otherwise, or to levy taxes or perform auy municipal function whatever. j Sec. 21. No act of th General Assembly shall limit the amount to be recovered for ' injuries resulting in death, or for Injuries , to persona or propel ty, and in case of death ' from such injuries, the right of action shall , survive, and the General Assembly shall prescribe for whose benefit such actions shall ' lie prosecuted ; no act shall prescribe any limitations of time within which suits may be brought against corporations for injuries to parsons or property, or for other causes different from those fixed by general laws regulating actions against natural persons, ami such acts now existing are avoided. Sec. 22. No act of the General Assembly shall authorize the investment of trust funds by executors, administrators, guardians, or other trustees, in the bonds or stock of any private corporation, and such acts now ex isting are avoided, saviug investments here tofore in ail e Sec. 23. The power to change the venue in civil and criminal cases shall be vested in the courts, to lie exercised in such man ner as shall lie provided by law. Sec. 24. No obligation or liability of any railroad or other corporation, held or owned by the Commonwealth, shall ever lie ex changed, transferred, remitted, postponed, or in any way diminished by the General Assembly, nor shall such liability or obliga gation be released, except by payment thereof into the State Treasury. Sec. 25. When the General Assembly shall be convened in special session, there shall lie no legislation upon subjects other than those designated in the proclamation of the Governor, calling such session. Sec. 26. Every order, resolution, or vote, to which the concurrence of both houses may be necessary (except on the question of adjournment) shall be presented to the Governor, and before it shall take effect be approved by him, or being disapproved, shall be repassed by two-third of both houses, according to the rules aud limitations prescribed in case of a bill. Sec. 27. No State office shall bo continued or created for the inspection or measuring of any merchandise, manufacture or commo dity, but any county or municipality may appoint such officers when authorised bylaw. Sec. 28. No law changing the location of the capital of the State shall be valid until the same shall have been submitted to the qualified electors of the Commonwealth, at a general election, and ratified and approved by them. Sec. 29. A member of the General As sembly who shall solicit, demand, or receive, or consent to receive, directly or indirectly, for himself or for another, from any compa ny, corporation, or person, any money, of- Sec. 6. No member of Congress or person holding auy office under the United States or this State shall exercise the office of Gov ernor or Lieutenant Governor. Sec. 7. The Governor shall be commander-in-chief of the army and navy of the Com monwealth, and of the militia, except when they shall be called into the actual service of the United States. Sec. 8. He shall nominate, and by and with the advice and consent of two-thirds of all the memliers of the Sonate, appoint a Secretary of the Commonwealth and an At torney General during pleasure, a Superin tendent of Public Instruction for four years, and such other officers of the Commonwealth as he is or may be authorized by the consti I tution or by law to appoint ; he shall have i power to fill all vacancies that may happen i in orliees to which he may appoint during j the recess of the Senate by granting coiu ' missions which shall expiro at the end of their next scssiou ; he shall have power to fill any vacancy that may happen during the recess of the Senate, iu the office of Au ditor General, State Treasurer, Secretary of luternal Aftairs or Superintendent of Pub- partment shall embraces bureau of industrial statistics, and he shall diMibarre such duties relating; to corporations, to the charitable in stitutions, the agricultural, manufacturing, mining-, mineral, timber, and other material or business interests of tho State as may be pre scribed by law. He shall annually, and at such other times as may be required by law, make report to the General Assembly. Sec. SO. The Superintendent of Public In struction shall exercise all the powers and per- iorm an tne auties or ine eu pen men dent or Common Schools, subject to su;h chsng-es as shall be made by law. , Sec. 21. The term of tho Secretary of later- ' rial Affairs shall be four yearn, nf the Auditor General three years, and of the State Treaaurer two years. These officers shall be chosen by . the qualified electors of the Htate at (reneral 1 elections. No persoD elected to the office of Auditor General or State Treuaurer shall be ' capable of holding; the same office for two con secutive terms. Sec. 22. The present Great Seal or Pennsyl vania shall be the seal of the Stato. All commisaion shall be tn tho name and by authority of the Commonwealth of Pennsylva nia, and be sealed with the State seal and sign ed by the Governor. ARTICLE V. TBI JCDICIAltV. Sxcriojf t. The judicial power of this Com monwealth shall be vested in tho Supreme Court, in courts of common pleas, courts of oysr and terminer and g-enernl jail delivery, court of quarter sessions of the peace.orphans courts, magrist rates' courts, and in such other cnurta as the General Assembly may from time to time establish. Sec. 2. The Supreme Court shall consist of seven Judges, who shall be elected by the qual ified electors of the State at larjre. They kball hold tliHr offices for the terra of twenty-one years, if they so long; behave themselves wtil, but shall Dot bettg-nin elig-ilde. The Judge whose commission shall first expire shall be chief Jus tice, and thereafter each judge whose commis sion shall first expire shall in turn be chief Jus tice. Sec. 3. Tho Jurisdiction of the Supreme Court shall exteml over tne Mate, and the thereof shall, by virtue of their offices,' tiers of oyer aud terminer and g-enerai Jail du ll very In the several counties; tey shall have original Jurisdiction in cases of Injunction, and where a corporation is a jwrty defendant, of habeas corpus, of MAM.iu:s to courts of infe rior jurisdiction : and of yuo warranto as to lie Instruction, in a judicial otfice, or in any officers of the Commonwealth whose Juris- ' ' i:sb,i-.a j.,1nila r.t-i- thft slotn tint i:h II Kit, exercise any other original Jurisdiction: they shall have appellate jurisdiction by appeal. other elective office which he is or may be authorized to fill : If the vacancy shall happen during the session of the Senate, the Governor shall nominate to the Senate, before their final adjournment, a proper person to fill said va cancy. But In any such case of vacancy, in any elective office, a person shall be chosen to said office at the next general election, un less the vacancy shall bappen within three CEHTioKiKi or writ of error in all cases, as is now or mny hereafter be provided by law. Sec. 4. Until otherwise directed by law, the courts of common pleas shall continue as at present established, except as herein cbaug-ed ; not more than four counties shall, at any time, le included in one judicial district org-anixed for said courts. Sxo. 5. Whenever a county shall contain forty thousand inhabitants it shall constitute a sepa rata judicial district, and shall elect one judge calendar months immediately preceding i learned in the law ; and the General Assembly such election, in which case the election for said othee shall tie held at the second suc ceeding general election ; In acting on Executive nominations, the Senate shall sit with open doors, and in con firming or rejecting the nominations of the Governor, the vote shall be taken by yeas and nays, and shall be entered on the journal. Sec. 9. lie shall have power to remit fines ' and forfeitures, to grant reprieves, commu tations of sentence and pardons, except in , cases of impeachment, hut no pardon shall . be granted, nor sentence commuted, except ' upon the recommendation-in writing of the t Lieutenant Governor, Secretary of the Com- mon wealth, Attorney General and Secretary . of Internal Affairs, or any three of them, after full hearing, upon due public notice 1 and in ojwn session, aud such recommenda tion, with the reasons therefor at length, shall be recorded and filed in the office of the Secretary of the Commonwealth. Sec. 10. He may require information in writing from the officers of the Executive Department, upon ary subject relating to the duties of their respective offices. Sec. 11. He shall, from time to time, give to the General Assembly information of the state of the Commonwealth, and recommend to their consideration such measures as he fice. appointment, employment, testimonial. mav judtre exnedieut, reward, thing of value or enjoyment, or of j Sec. 12. He may, on extraordinary occa personal advantage or promise thereof, for ; sions, convene the General Assembly, and his vote or official influence, or for withhold- in case of disagreement between the two ing the same, or with an understanding, ex- j houses, with respect to the time of adjonrn pressed or implied, that his vote or official j ment, adjourn them to such time as he shall action shall be in any way influenced there- j think proper, not exceeding four mouths, by, or who shall solicit or demand any such j He shall have power to convene the Senate money or other ad vantage, matter, or thing in extraordinary session, by proclamation, aforesaid for another, as the consideration of his vote or official influence, or for with- for the transaction of executive business. Sec. 13. Incase of the death, conviction holdiuc the same, or shall give or withold on impeachment, failure to qualify, resigna- . .j . . . : : l .. : . r 1. ' . : . i .1: v.:i:. t ' . i HIS voie or liiiiucuce iu tuaniacidiiuu ui iiin payment or promise of such money, advan tage, matter, or thing to another, shall be held guilty of bribery within the meaning of this Constitution, and shall incur the disa bilities provided thereby for said oft"ense and such additional punishment as is or shall be provided by law. Sec. 30. Any person who shall, directly or indirectly, otter, give, or promise any tion, or other disability of the Governor, the jKiwt'ri", duties, and emoluments of the office for the remainder of the term, or until the disability be removed, shall devolve upon the Lieutenant Governor. Sec. 14. In case of a vacancy in the office of Lieutenant Governor, or when the Lien tenant Governor shall be impeached by the House of Representatives, or shall be nn- able to exercise the duties of his office, the money or thing of value, testimonial, privi- powers, duties, and emoluments thereof for lege, or personal advantage, to any execu- the remainder of the terra, or until the d i na tive or judicial officer or member of the Gen- bility be removed, shall devolve upon the eral Assembly, to influence him in tne per- President pro tempore of the senate ; ana formance of any of his public or official the President pre tempore of the Senate - . it (I . 1 s a -a I duties, shall be guilty ot nrioery, aim oo snail in lixe manner become uovernor nunished in such manner as shall be provi ded by law. Sec. 31. The offense of corrupt solicitation of memliers of the Geueral Assembly or of i.nblic officers of the State, or of any muni cipal division thereof, and any occupation or practice of solicitation of such members vacancy or disability shall occur in the office of Governor ; his scat as Senator shall be come vacant whenever he shall liecome Gov ernor, and shall be filled by election as any other vacancy in the Senate. Sec. 15. Everv bill which shall have pass ed both houses shall be presented to the shall urovido for additional Judges, as the bu inesa of tho said districts may lequire. Coun ties containing; a population less than Is suffi cient to constitute separate districts shall be formed into convenient sing-lc districts, or, if necessary, may be attached to contiguous dis tricts as tho General Assembly may provide. The otfice of associate judo, not learned In the law. Is districts: but the several associate Judires in office when this Constitution shall be adopted shall serve for their unexpired terms. Sec. 6. In the counties of Philadelphia and Allegheny, all the jurisdiction and powers now vested in the District Courts and Courts of Common Pleas, subject to such chanires as may be made by this constitution or by law, shall be and in th letioo r the said mapttrKtr- nr r -wtr shall Tot for mora than two-thirds ti .h n in ix?r of pcr!.n to 1 looted. hn more than n ar t- be chosen ; they Khali b o Tixnatel onlv by fixed salaries, to be paid ty .-ad county : and Shall exrrie such jurisdiction. i ii and crimin al, except as herein provided. a. is now exercisert t.T aldermen, aubjee.t to snch chan". not mrnlr in an increase of civil jurisdiction or conferring political dutie. as may be ma Jo bv btw,- In i 1,1. adolphia the oftieeof nldorman is a.oll.-ricd. t-KC IS. AM fees, fines and penalties in saiJ courts shall be paid inlo the county trt-a-sttry. tiKC. 14. in all aes of snmmary oonvirtlott in this Commonwealth, or of Judgment in suit lor s penalty before a ma.zii.trate,or court not of record, either party may appeal to such court of record s may be prescribed l,v law. upon allowance of the appsllstU conn or jndVe ther?of,nion cous shown. Mkc. 15. All indue required to be learned in tho law. except the iudces of the Supreme; Conr. shsll be elected by the qualinnd electors of the ro- lo 1 re?oot rio.J of ten jenra. if they shall o long behave themselves well; but for any reasonable ennse. which shall Hot bo sufficient ground for impeachment, the. Governor may remove any of them on the addresn of tw thirds of each house of the Genera! Asem!ily. so.ir.. Whenever two judges of the Supreme Court are to be chosen for the ssine tei til trf ser vice, each voter shall vote for one only. nd when three are to be chosen, he shall vote ior no more than two ; candidates highest in Vote shall be de clared elected. Sao. 17. Should any two or more judges of the Supreme Court, or any two or morejuui:es ot tho Court of Common i'lea-i for the same district b. elected at the same time, they shall, as se-m after the election as c.oiiTeiiiiit, ea9t lots for priority of commission, and certify the result to the Uov ernor. who shall issue their commission in ac cordance therewith. Sec. 18. The Judges of tbe Supreme Court and the judge of the several Cotlrts of :.ifiiinon I lens, and all other jndjres required to be learned id the law, shall, at stated times, receive for thuir ser vices an adequate eoinicnsation. which shall bo fixed by luw. and paid by the .State. They shad receive no other compensation, fees. or perquisites ofoftiee for their services from any eource, n-r hold any other ofli -e of profit tinder the t'n.inl States, this Biate, or any o'hor States HEC. 19. The judg-es of the Supreme Com t. dur ing; theircontinurnoe in office, -hwl 1 fesitl. within tiiis t'nmmonwenlth. and the other judges, during their continunnce in office, shall reside within the districts for which they ahull be respectively elected. Sec. ftX The several Courts of Common V1ji, besides the powers herein eonferre.l. shs.ll hve and exercise w ithin their respective district, sub ject to such changes as may be made by law. cu-h chancery powers ss are now vested by lw iu th several Courts of Common Pleas of this Common, wealth, or as may hereafter bo conferred upon them by law. Skc. 21. So duties bhnll be imposed by law Upon the Supreme Court or any of the jurit:. thereof, except sueh as are judicial, nor shall any of the judges thereof exercise any power of appoint ment, except as herein provided. The Court of Nisi I'rlus is hereby abolished, and no court of original jurisdiction to le presided over by any one or more of the judges of the Supreme Court shull l established. Pec. 22. In every county wherein the popula tion shall exceed one hundred nnd fifty thou sand the General Assembly shall, aud in any i other county may, establish a separate Or phans Court, to consist of one or more Judges who shall be learned in the law, which court shall exercise all the jurisdiction and powers now vested in, or which may hereafter lie con ferred upon, tho Orphans' Courts, and there upon the jurisdiction of the Judges of t het'cnii t 11 I ' common rieas wirmn sucn county, in or ii! t I phans' Court proceedimrs, shall cease and de ne jus- trmlne: in any county in which a separato Orphans' C'onrt shall be established, the Kejris tcr of Wills shsll Ih? clerk of such court, mid subj-ct to its direction in fill matters pcrtaitt tnn to hlsotlice: he may uppoint assistant clerks, but only with the consent and approval of nid court. All accounts tiled with blm as reiriter or as clirk of the bald separate Orphans' Court shall be audited by the court without expensw to parties, except where all parties in interest in a pendintr proceeding- shall nominate nn au ditor whom the court may, in its discretion, appoint. In every county Orphans' Courts shall possess all the powers and jurisdiction of a iteiristcr's Court, and separate Itejristers Courts are hereby abolished. Sec. 23. The style of all process shall be "The Commonwealth of Pennsylvania." All prose cutions shsll be carried on in the name and by the authority of the (Commonwealth of Penn sylvania, and conclude against tbe eace and dia-nity of the same. kc. St. In all esses of felonious homicide, and in such otht r criminal cases as may tie pro vided for by law, the accused, after conviction and sentence, may remove the indictment, re cord, and all proceedings to the Supreme Court for review. Sec. 25. Anv vsrvmev happening! by death. resignation, or otherwise, in any iioiirt of re- ice or associate juugo, not learnca in tne , sbaU henet by appointment by the Gov- uooiisnvu oiuuira i... miug ecparate emor. to continue till the first Monday of Jan- nary next succeeding the first general elect ion, which shall occur three or more months after the happening of such vacancy. Stc. M. All laws rclatinir to courts shall be general and of uniform operation, and tho or ganisation, jurisdiction and powersof all courts of tbe same class or grado, so for 89 regulated in Philadelphia vested in four, and in Allcghe- j and judgments of such courts shsll he uniform; ny In two distinct snd separate courts of en uni nj tbe General Assembly Is hereby prohibited from crciitimr other courts to exercise tho powers vested by this Constitution in the judg- and co-ordinate Jurisdiction, composed of three judares each ; the said courts in Philadelphia shall tie designated respectively as the Court of Common Fiona number oue, number two. num ber Hirer snd number four, and in Allegheny as the Court of Common fleas number oneand number two, but the number of said courts , nn(l ubmt tlie 'decision of such case to the e.of the Courts of Common Pieasaud Oi phana' Courts. Sec. Ti. The parties, by agreement filed, may, in any civil case, dispense with trial by Jury, . . m . . i . 'i . m . . l. . . , may be by law increased, from time to time, ! and shun tie in like manner aesignatea by suc cessive numbers ; the numtior of Judges in any of said courts, or in any county where the es tablishment nf an additional court may be an. thorised by law, may be increased from time to time; and whenever such increase shall amount in tho whole to three, such three Judg es shall comose a distinct and separate court as aforesaid, which shall be numbered an afore said. In Philadelphia all suits shall be institu ted in the said Courts of Common Picas, with out designating the number of said Court, and the several courts shall distribute snd appor tion the business among them in such manner as shall be provided by rules of court, and each court to which any suit snail be t bus assigned court having jurisdiction thereof, and such court shall hear und determine the same; and the judgment thereou ahall be subject to writ of error as in other cases, ARTICLE VI. IMPEACHMENT AKD REMOVAL FROM OFriCK. Pectiom 1. The House of Representatives shall have the sole power of impeachment. Sec. 2. All Impeachments shall be tried by the Senate: when sitting for that purpose, the Senators shall be uihih oHth or affirmation; nn person shall be convicted without the concur rence of two-thinls of the members present. Sec. 3. The Governor and all other civil offi cers shall be liable to impeachment forany mis i.,i.i:; i i,i.-.f demeanor In office, but iudirment in such chscs BUtlll UUl LAIDUU IIIIIUD luntl , office and disqualification to hold any office of trtiit or profit under this Commonwealth; the person accused, whether convicted or acquit ted, shall nevertheless lie liable to Indictment, trial, judgmontaud punishment according to law. Site. 4. All officers fhall hold their offices on thccondltion that they bohave themselves well while in office, and shall be remove: on convic tion of misbehavior in office or of any infa mous crime. Appointed officers other than Judges of the courts of record and the Superintendent of Public Instruction, may lie removed at the pleasure of the power by which they shall have been appointed. All officers elected by tho people, except Governor, Lieutenant Gover nor, members of the General Assembly, and Jvdgc of the 'jourts of record, learned in tho law, shall be rein o veil by the Governor for rea sonable canse, after due notice and full hear ing, on the address of two-thirds of the Senate. AKTICLK VI L or officers, to influence their official action, 1 Governor; if he approve, he shall sigu it; shall be denned by law, and shall be pun- bnt if he shall not approve, he shall return ished by fine and imprisonment. I it with his objections to the house in which Sec. 32. Any person may lie compelled to it shall have origiuated, which house shall testify in any lawful investigation or judi- j enter the objections at large upon their cial proceeding, against auy person who . journal, and proceed to reconsider it. If, mav be chargtnl with having committed the . after such reconsideration, two-thirds of all rtrnuof briberv or corrupt- solicitation, or the members elected to that house shall pract ices of solicitation, and shall not be per- 1 agree to pass the bill, it shall be sent with initted to withhold his testimony upon the j the objections to the other house, by which, ground that it may criminate himself or sub. likewise, it shall be reconsidered, aud if ap- . 11". 1 r . . 1-. 1 r . t. loot to change nf venue, as shall be provided by law. In Allegheny each court shall have exclusive Jurisdiction of all proceedingsat law ami in equity commenced therein, subject to change of venue as mny be provided by law. Sec 1. For Philadelphia there shall lie one Prothonotary's office, and one Frothomrtary for U said courts, to be appointed by the judges of said courU.and to holdnrJic for three years, subject to removal by a majority of the said judges; the said Prothonotary shall ap point such assistants as roar lie necessary snd rttthorized by said courts, and he and his as sistants shall receive fixed salaries, to tie deter mined by law and pnid by said county; all fees collected in said office, except such as may bo by law'dne to the Commonwealth, shall be paid bv tbc'ProUionotary Into the county treasury. Kach court shall have its separate docket, which shall contain the judgments nnd liens of nil the Bald courts, as is or may be directed by law. Skc8. The said courts in the counties of Phil adelphia and Allegheny respectively shall.from time to time, in turn, detail one or more of their judges to hold the courts of Oyer and Terminer and the courts of Quarter Sessions of tbe Peace of said counties iu such tnauner as may be-directed by law. Skc. 9. Judges of the Courts of Common Pleas learned in the law shall be judges of the courts of Oyer and Terminer. Ouarter Sessions of the Peace, and General Jail Delivery, and of the Orpbane' Court, and within their respective districts shall be Justices of tbe peace as to criminal matters. 8ttc. 10. The Judges of the courts of Common Pleas, within their respective counties, shall have power to issue writs of certioki to Jus tices of the peace and other inforloroourts not Of re ord, and to cause their proceeding to be brought before tbem and right nd Justice to bedone .. . , . ... 4V, Sv-i-v 11 Kicent as oi.tcrwi.c pruii'iru in no oath or orricc. PRtrrroxl. Senators and Representatives and all Judicial, State, snd county officers, shall. t fnm mnriiii, on Hi., rintie nf their respective offices, take and subscribo the following oath or aliirmation: ... "I do soleinnlv swear for affirml that 1 will support, obevnd defend the Constitution of tho Uu.tcd States nnd the tVu stilution of this . Commonwealth, aud that I will discharge the duties of my office with fidelity: thnt I have not paid or contributed, or promised to pay or ' contribute, either directly or indirectly, any ; money or other valuable thing, to procure my nominntiou or election (or npiiointment), cx ' cept for necessary aud proper expenses cx I pressly authorized by law; that I have not I knowinirly violated any election law of this Commonwealth, or prvninred it to be done by --- . i" - , .. .u... 1 1 omm .VL'u,L?l.Jurt:es.K,:, JZlrXl. aZVl'Z.. 1 othrrs i my behalf; that I will not knowingly ruuil iiv rievi"'! ii ... , - - brouchs and townships t the time of the elec tion ot constables, by tbe qualified electors there of, in sueh manner as shall be directed by law. and receive, directly or indirectly, any money or other valuable thing for the performance or nein-perforinanceof any act or duty pertaining to my office, other thau the compensation ai- 1 ..... f . i i- . lii . 1 .1 i . mil . V. 1. .1.. I 1 . . . n...-iri1.Ullll)il w Kilt, l.llVIi ll'll 1 I . . . . iect him to puouc. mutiny , buiu icnn- : piuicu ii-nmuo u " lucmiuis Dn.ni . ;- . hop- loweu ny law. mony shall not afterwards be used against elected to that house, it shall be a law ; but , ' ti?e "-',,rs-, J t,',"ntwo' iutiecs , f the ; The foregoing oath shall be administered bv him in anv judicial proceeding, except for in such cases the votes of both bouses shall , ..Vaidermei. without thecoi.Sent of a nmjor- I " J-rson authored to administer oath, tieriurv in giving such testimony, and any bo determined by yeas aud nays, and the ' FtvTttlu qualified electors w.thin such towns.cp, - n; se; off tate Officer and Judges of pSnyconvltrf of either of the offense . names of the embers voting 'tor and V.U. ) M'fK aforesaid, sha.l, as part of tho punishment against the bill shall bo entered on the jour- ,n,h?4-c one vear the case of other Judicial snd county officers, therefor, be disqualified from holding any nals of each ho-ise respectively. Ifauyb'.ll ' ext ilreeedinit his'elcciion. Iu cities containing : ia the office of the Prothonotary or the Co'MH.vi tbSrA ...ember who has a .personal sented uAira, the shall be a Uwjn -mr or private interest In any measure or bill , like manner as if he had signed it inle '"J0 or of having violate saw path or. atUrmation, proposed or pending before the General As- I the GeDeral Assembly, by their adjourn-. d'Uon ,,, e iceoTllng one hn-idred dollars ; such shall be guilty ( irilury, and be forever dis-. tbii disci. me the fact to tne notise 1 ment. prevent its return, iu wnicn i-s e.ourta shall be heiii by magistrates wnoe term wi iuwMne. pun 4 y"y i" 'ev -v ntnee aha.ll be five years, ai-t tnev snail oe ciectea ptvui -mum -',- t :kl 'ji t t'l-.tjin mu'n k i.ow. riiji'iiuwin jv-.m rei emblvr i of which he is a member ami sh.aU not vote thereou, shall b a law, unless he shall file the sarrm. with bis objections, tn Mis mc oj tne r on genet si if
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