VOL. 48.
CONSTITUTION.
NEW CONSTITUTION PROPOSED TO THE
CITIZENS OF THIS COMMONWEALTH
FOR THEIR APPROVAL OR REJECTION,
BY THE CONSTITUTIONAL CONVENTION
Published by order of the Secretary of the Com
monwealth, in pursuance of the 4th section of
an act of the General Assembly. entitled "An
act to provide for calling a Convention to
amend the Constitution," approved the 11th
day of April, A. D. 1872.
PREAMBLE.
We, the people of the Commonwealth of Pennsylvania,
gratefol to Almighty Gal for the blessings of civil and re
ligious liberty. and humbly invoking liis guidance, do or
dale& and establish this Constitution.
ARTICLE 1.
DECLARATION OF RIGHTS.
That the general, great, and essential principles or lib
erty and free government may be recognized and nualtir
abty established. we declare that
SEcTION 1. All men are barn equally free and indepen
dent, awl have certain inherent and indefeasible rights,
among which are those of enjoying and defending life and
liberty, of acquiring, poteessing; and protecting property
and
repuuttion, sailor pursuing their own happiness.
. .
Sze.l All putter is enherent — in the people, nip! ad free
governments are fee nded on their authority and instituted
for their peace, safe y and happiness. For the advance
ment of three ends they have at all times an inalienable
and iniefensiblo tight to alter, reform, or abolish their
government is such manner as they may think proper.
S.ic. 3. All men have a natural and indefeasible right to
worship Almighty tied according to the dictates of their
own conscience=; no man can of right be compelled to at
tend, erect or support any place of worship. or to maintain
any IMM:try against his consent; no human authority
Can. in any race whatever, emit,' or inter.ere with the
rights of conscience, and no preferr.ace shall (War be given
by late to any religion= estaelishment= or modes of Ivor
ettm.
See. 4. No person who acknowledges the being of a God,
and a future State of rewards and punishment= shalt, on
account of his religious sentiments, tie disqualified to hold
any office or place of trust or profit under this Common
wealth.
Elections shall he free and equal; and no power,
civil or mil tory., shall at any time interfere to prevent the
free exerei-e of the right of sntlrege. _ . .
SEC. S. Trial by jury shall be as 6eretofere, and L 1 Heat
thoreof remain inviolate.
. 7. The prinC tig press shall •te free to every person
who .toy noder take to examine toe proceedings of the
Legiato:nre any branch of government, and no
Low shall ever he made to ...Amin the right thereof. The
free conmiunlult ion or thoughts and opinions is one of the
invaluable rights of msu, and every citizen may
freely speck, write, and print on unysubject, being respon
sible fur the abase of that liberty. No conviction shall be
ha in any prosecution for the publication of porters re
lating to the aids.' conduct of otlicers or men in public
capacity, or to any other matter proper for public investi
gation or information, whore the fleet that such publica
tion was not maliciously or negligently made shall be es
tablished to the satisfaction of the jury ; and in all indict
ments ter libels the jut y shall have the right to determine
the law and the facts, under the direction of the court, as
in other moles.
. . .
Sc.z F. lite people shall be secure In their persons,
houses, pspers, and possessions, from unreasonable bearches
and gentiles, and no wormut to search any place or to
seize any person or things, shall issue without describing
them RS nearly as may be, nor without probable cause,
sup: erted by oath or animation, subscribed to by the
aftlant.
Sec_ 9. In all criminal prosecutions, the accused path
eght to be heard by himself and his counsel, to demand
the nature and cause of the accusation against him, to
meet the witneusss lace to face, to have compulsory pro
in, for obtaining witne,ses in his favor, and in pri...secte.
bons by ludic meet or isformation, a speedy public trial
by au impartial jury of the vicinage ; he cannot be com
pelled to give evidence against himself, nor can ho be de
prived of his life, liberty, or property, unless by thejudg
meat of his peers or the law of the
S7C. iO. No person shall for any indictable offense be
proceeded against criminally. by information, except in
cases arising in the land or naval forees or in tie. militia,
when in actual service, In time of war or public danger,
or by leave of the court, for opprossion or misdemeanor
in ofnce. No person shall for the same offence be twice
put in jeopardy of life or limb; nor shall private property
be taken or applied to public use without authority of law,
and vritlaout m et compensation being first made orseeyred.
. .
Sac. 11. All courts shall be open land every man for an
injury done him in his land., goods, person, or reputation,
aball have remedy by due coarse of Ma, and right and
jp-tice administered without sale, denial, or delay. Suits
may be brought against the Gammouwealth in such man
ner, in each mart ,, , and in such eases, as the Legislature
may by law direct. . .
Scc. lg. No power of suspending laws blued be exercised
11100.3 by the Legislature or by its nntboritr
_
Sze. 13. Rice:ire bait shall not be requir - ed, nor extra
eive Enos imposed, nor creel puniehments iotlmted.
See. 14 All pesoners shall be bailable by bufficient
sureties, unless for capi °nonce+, when the proof is evi
dent or presumption great; and the privilege of the writ
of habeas corpus shall net be suspended, mikes when in
ease of rebellion or invasion the public safety cony require
it.
SEC. 15. No commission of o'er and torminer or fail de
livery 0b . 5.11 Le itrued.
Ss& 16. The person of a debtor, where there it not strong
pr....intim of fraud. eh» I not be oontinued in prison
:after deliverieg np his estate for the benefit of his credi
tors, in such manner oe elwll be preocribed by law.
Se . i.c. 17. No ex post facto lair , nor any low impairing the
obligation of contracts, or malting Irrevocable aey grant
of epecipl Ittiellegne or ionunit . .l n, shalllic posted.
B o. 18. "lio pei r oon !hall be attaiintd of trison or felony
by the D,orivlature-
• SZC. 10.14., attainder shall work corruption of blood,
nor, except during the life of the offender, forfeiture of es
tate to the Commonwealth; the estate of such persons as
shall destroy their own lir...bail descend or tent as in
cars of natural death, and if any person shall be killed
by casualty, there shall be no forfeiture by reason thereof.
Sac. 20. The citizens haven right in a peaceable manner
to assemble together for their common god, and to apply
to those invested with the powers of government for re
drone of grievances or other proper purposes, by petition,
address or rcmcie.ttanco.
. _
ii;;; - ;:i4i;foitizens to boar arms to defer.° of
themselte+ and the State shall r!othequeetioned.
Sec. 22. No shoaling army shall, to time of pence, be
kept op withottt the consent of the Legtelatnre end
the military shall in all caaea r . and at all times, ho in Millet
tattbonlinattan to the civil power
Sae. 2.3. No wilier shalein time of peace he quartered in
any lo use without the content of the owner, nor in time
olwar hut lan manner to be preortibeti by law.
SEC. 21 The Legislature ellen not grant tidy title
of nobility or hereditary dititinction, nor create any office,
the apwititment to which shall be for a longer term than
during good behavior. .
S,e. 25. Emigration from the state than not be prohib
ited.
SEC. 26. To gnarl against transgressions of the high
power, which w•e have delegated, w•e declare that every
t Mug in this article is excepted out of rho general powers
of government, and shall forever nimidti inviolate.
ARTICLE 11.
iircricn 1. The legislative power of this Commonwealth
shalt be code t in a General Assembly, which shall consist
of s.Sonata and a U. 1 ,0 of Repro -entail.,
" " • " • •
31;a ****** of the General Assembly x2&11 be cho
sen at the general electron every second year. Their
term of service shall begin on the first day of December
nest after the;r election. Whenever a vacancy shall occur
caber flog, the preddlng officer thereof ehall issue e
writ of eleztiou to fill such vacancy fm the remainder of
the term.
dtc.:t, senator., shell be elected for the term of four
yen, and Itepreme.tivei for the teem of two years.
bEC. 4. The Genend Assembly shall meet at 12 o'clock
neon, on the first Tuesday of January ceery second year,
:and at other 111131.9 when convened by the Governor, but
shall kohl no adjou rued annual session alter the year 16'78.
In are ..f n veletnry iu the Mhos of United Stotee Senator
from this Ceinmonwatlth, in a mows between various, the
aesern , r shall convene the two house.; td Pn'elamation
on notice not exceeding sixty bye to fill the saute.
. o
—. Sec. 5. Senetove shall beet leist tmenty-live years of
age, and Itepreoentati eel twoutpono yowl of a,e. They
shall have boon citizens and inhabitants of the State finer
years, sod inhabitants of their re4nective dibtricteene year
nest before their election Wakes abeent on the public
bovine..e of the United States or of tide Stste, and ehail
rovide in their re...pective districts doting their terms of
bervice._ _ . .
. -- tiTc76. No Senator or Representative shall, during the
time for which he shall have Leen elected, be appointed
to any civil efßce under this Crimmonw.lth, and no
member of Congress or other person bolding any office
(except of etttortlepat-law or in the militia) under the
United Staten or the; Commonwealth eball be a member of
either home during his continuance in office.
ii3NC. 7. No person hereafter convicted of embezzlement
of public moneys, bribery. perjury. or other infamous
crime, &ball in elieible f.. the do ter Assembly or capa
ble of bidding any office of truth or prott in this Gom
m
EEC. S. The member.] of the General Assembly shall re
c.-tit,' such salary and mileage for regular and special ses
sions as shall be fixed by law, and nu other compensation
whatever, whether for service upon committee or other
wise. Nu member of either house shall, dining the term
for shish he may bare 1.311 eleeted, receive nuy increase
of salary, or mileage, under .y haw during such
term.
Sac. 9. The Senate shall, at the beginning and close of
each regular session, and at such other times at may be
necessary, elect oue of Its members president pro tempore
V/11., shall perform the duties of the Lieutenant Governor,
In any case of tbsence or disability of that ollixr, and
whenever this said office of Lieutenant Governor shall he
vacant, the !louse of Revresontatlves shall elect out of its
members as Speaker. Lath liens. shall clioime Its other
officers, and shall judge of the election nail qualification of
its members.
:it:C. 10. A majority of each 'louse shall constitute a
ott 'rum. but a entailer number may adjourn from day to
dap, mat compel the attendee of absent member..
_ .
S;:e. I I. Etch house shall have power to determine the
mire of its pl . :Reeding, .111.1 punish its Illelltlerel or Other
11,1, iss f ir contempt or disordoly behavior in itsprexence,
3 enforce obedience to its process, to protect its members
agAinst vlo:cone, or oilers of bribes or private solicitation,
rind with the roncurrenco of two-thirds, to expel a mem.
but not a seem I thue for the same CallSe, and shall
have all other p Avers necessary for the legislature of a
free State. A member expe!led for corruption shall not
tSeresifter be eligible to either hones, and punnishment
for contempt or disonlerly behavior shall not 'sir an in.
dietment for the same offence.
b. U. Etch hut,. Shall keep a journal of Ito proceed.
hag; and from time to time pablioh the same, except each
pars US requ;re ornery, and the yeao end nays of tho mem
hero On any ounotion shall, at the deilre of any two of
thew, he entered nn tho.lollrOrli.
. _ _
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Sr, IS. The sessions of cosh boa - a end of cammitleas of
the whole shall ho open, rink. when the business is snob
as naght to be kept secret.
SEC. 11. Neither house shall. without the consent of the
other, adjourn for more than three doe, nor to any other
piece than that in which the two houses shall he ratting.
Ste. 1 5 . The members of the Gaveral Assembly . sir ill in
all rams, except teases,, felony, violation of their oath of
once, and breech or surety of the peace, be privileged from
arrest during their attendence at the seldom; of their re
nisei:five houses, and in going to and returning from the
same ; end for any speech or debate in either house, shay
shall not I.e questioned in any other Once.
;3,16. The State shall be diviileil into fifty Senatorial
districts of compact and contiguous territory, as nearly
equal in population na may be, and each district shall toe
entitled to elect one Senator. Each county rontri inhig one
or more ra cos of population shall he entitled to one Sena
tor for each ratio, and to an additional Senator fora sur
plus of population exceeding three-6 tthis of a ratio ; but no
county Isbell tam a separate district unless it shall con
td. tittPfifths ofa mak except where the adjoining coun
ties are each retitled to one or more Senators, when each,
county may he assigned a Senator or leas than four fifths
and exceeding one-half of a ratio, and no county shall be
decided miles.' entitled to two or more Senators. No city
or county shall lie entitled to separate representation ex
ceeding one-sixth of the whole number of Senators. No
ward,lmrough, or tadvaship shdl I.e dmided in the forma
tion of 'a district. The Setteterial ratio shell lin ascer
tained by dividing the populnt ion of the State by the num
ber fifty.
5,c.17. The member. of the 110119 l) of liepresenatives
e Huntingdon Journal.
shall be apportioned among the several counties, on a ra
tio obtained by dividing the population of the State amer-
Mined by the most recent United States census by two
hundred. Every county containing leas than five ratios
shall have one repr.entative for every full ratio, and an
additional representative when the aurplns exceeds half a
ratio ; but each county shall have at least one reprtsentn
tire, Every county containing five ratios or more shall
have one representative for every full ratio. Every city
containing a population equal to a ratio shall elect sepa
rately its proportion of the representatives allotted to the
county in which it is I.xiterl. Every city entitled tomore
than four representativ., and every county having over
one hundred thousand inhabitants, shall be divided into
districts of compact and contiguous territory, earls dis
trict to elect its proportion of representatives according to
its population, but no district shall elect more than four
representatives.
. . .
§r.c, 18. The lieneral Amend.ly at its first session after
the adoption of this constitution, and immediately after
each Jnited States decennial census, shall apportion the
State into S notarial and Representative districts agreea
bly to the provisions of the two next procee d ing sections.
ARTICLE 111.
Secriox 1. No law alkali be passed except by bill, and no
bill shall Le so altered or amended on its passage through
either hon as to change its original purpose.
s E e, 2. N o bill al k ali be considered unless referred to
committee, returned therefrom, and printed for the use of
the member.
SEC.. No bEI, except general appropriation bill., shall
he tweed, continuing more i hate one subject, which shall
be clearly expressed in its title.
SEC. 4. Every bill shall be read at length on three differ
ent days in each house; all amendments made thereto
shall be printed for the use of the members bef ore the final
vote is taken on the bill, and no Lill shall become a law
unless 011 its final passage the vete be taken by Dens and
nays, the names of the persons voting for and against the
Mon to entered on the journal, and a msjor.ty tithe mem
bers elected to each house be recorded thereon Ud voting in
Ito Myer.
No amendment to bills by one house shall be
concurrval in by the other, except by the vote of a majori
ty of the members elected thereto, taken by yeas nod nays,
and the names of those voting for and against recorded
upon the journal thereof; and reports of committees of
conference shall be adopted in either house only by the
rote of a majority of the members elected thereto, taken by
yeas and nays, and the Ilan]es of those voting recorded
upon the journal.
SEC 6. Nu law be revived, amended, or the provi
slum thereof extended or conferred by reference to its t itle
only, but so much thereof as is revived, amended, extend
ed, or conferred, shall re-enacted a4dpublished at length.
. .
7. The Gencral Assembly ahall'uot pow .y local or
Ppecial law :
Authorizing the creation, extension or impairing of
liens; _ . _ . . .
le:minting the affairs of countle3, cities, townships,
wards, boroughs, or school districts ;
Cluinging thu um. es !)fpFn,,?ul or pinrea.
Changing the venue in civil or criminal Cesz ;
Authorizing the laying out, opening, altering, or main
taining roads, highways, streets, or alleys ;
Relating to ferries or bridges, or incorporating ferry or
bridge companies, except fur the erection of brid,saa cross
ing streams which form boundaries between this and any
other State;
Vacating roads, town plate , streets or alleys ;
Relating to cemeteries, graveyards or public grounds not
oldie State;
Authorizing the why tion or legithantion of children.;
Locating or changing county wets, erecting new coun
ties. or changing county Loco ;
Incorponwing cities, terror, or Tillages, or changingtheir
charters;
For the opening and conduoting of electloue,or fixing or
changing the place of Toting;
9 . riintrug di;vfeee.
Erecting new townships or boroughs, changing town
ship lines, borough limits, or schools districts;
Creating offices, or prescribing the powers and duties of
officers in counties, cities, boroughs, townships, election or
schools districts ;
Changing the laws of descent or enccession ;
Jteguiating the practice or jurisdiction of, or changing
the rules of evidence in any judicial proceeding or inquiry
before courts, aldermen, justices of the peace, shei
commissioners, arbitrators, auditors, masters In chancery,
or other tribunals, or provding or changing methods for
the collection of debts, or the euforciug of judgments, or
prescribing the effect ofjudicia I sales ot real estate ;
• egulating the foils, or extending the powers and duties
of aldermen: justices of the peace, ntsgistrates, or coasts
bles ;
Regulating the management of public schools, the build
ing or repairing of school houses, and the raising of mites
for sash purposes; •
Fixinithe rnfe of interest
Affecting the estate of minors or persona under disabili
ty, except nf•er due notice to all parties in interest, to be
recited in the special enactment ;
Remitting lines, penalties and forfeit ur., or refunding
moneys legally paid into the Treasury;
Ext;mptng property front taxation;
Regulating labor,trade, mining, or manufacturing
Creating corporations, or mending, renewing, or aiend
ing the charters thereof ;
Granting to any corporation, association or individu
al any special or exclusive privilege or immunity ; or
To any corporation assucitition or individual the right
to lay down a railroah 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 gnint
leg of such panda and privileges shall hove been provided
for by geared him . , nor where the courts have jurisdiction
to grant the mine or give the relief asked for.
Sac. S. No local or special bill shall be passed unless no
tice of the intention to apply therefor shall have been
published lathe locality where the matt r or the thing lobe
effected may be aituated, which notice shall be at least
thirty days prior to the introducclun into the General As
sembly else.. bill, and In the manner to be provided by
law • the evidence of such notice having been published.
shall be exhibited in the General Assembly before sneli
•
act shall be passed.
Bee. 9. The presiding officer of each house shall, in the
preseace of the house over which he presides, sign all
bills mid joint vegoolutions passed by thetieneral Assembly,
after their titles have been publicly read immediately be
fore signing, and the fact of eigning shall be entered on
the journal.
SEC. 10. The General Assembly shall prescribe by law
the number, ditties, and compensation of the officers and
employees of each house, and nu payment shall be made
from the Slate Treasury. ur he in any way amhomed m
any person, except to an acting officeror employee elected
or appointed in latmuauce of law.
Bee. 11. No bill shall he passed giving any extra com
pensation to any public officer, servant employee, agent,
or ...meter, after cervices shall hove been rendered or
contract made, nor providing for the payment of any
claim against the Commonwealth, without previous au
thority of law.
SEC. 12 All atationery, printing, paper, and fuel used
in the legislative mid other departments of government
shall be furnished, and the printing, binding, and distril,
luting of the laws, journals, department report., and all
ether printing and Girding, and the repairing and furn
ishing the balls .d rooms used for the meetings of the
Genend Assembly and its committees, shall be performed
under contract, to he given to the lowest responsible bid
der below such maximum price and under each rev ule
tions . shall be prescribed by law ; no member or officer
of any department of the government shall he in any nay
interested in each contracts, and all such contnicts shall
be subject to the approval of the Governor, Auditor Gen
eral and State Treasurer.
SEc. 15: Zoo late shall extend the term of any public
oMeer. or increase or diminish his salary or emoluments
after his e l ec ti on or appointment.
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•
Sec. 14. All bills fo; . ralslng revenue ahall originate in
the House of Representatives. but the Senate may pro
pose amendments as in other bills.
SEC. 15. The general awn opriation 101 l shall embrace
nothing but appropriations fur the ordinary expenses of
the executive, legislative and judicial departments of the
Commonwealth, interest on the public debt, and fur pnb
lie schools : :tll other appropriations shall be =VIC by
separate bill, each embracing but one subject.
SEC. 16. No money shall be 'add out of the Treasury
except upon appropriations made by law and on warrant
drawn by the proper officer in pursuance thereof.
SEC. 17. No appropriotion shall be made to any charita
ble or educational luatituion not tinder the absolute con
trol of the Commonwealth, other than normal sehoule es
tablished by law :or the professional training o. teachers
fur the public schools of the State, except by a vote of
two-thirds of all the members elected to each House.
Sue. IS. No spproptiations (except tor pensions or grat
uities fur military serVicoo) shall Le made for cluiritatile,
educational or Leuevulent purposes, to any person or com
munity, nor to any denominational orsecturian institution,
corporation or association.
_ .
- Am 19. The General Assembly may make appropria
dons of mousy to institutions whereto the widows of ...ll
diers are supported or assbted or the orphans of soldiers
arc me ntained and educated; bat and, appropriations
shall be applied exchttively to the support of such wok.% s
and orphans.
. . . .
Sec. 5 .i0. The General Assembly ellen not delegate to
any special commission, private corporation or association,
any power to make, supervise or interfere with any com :-
ciptl improvement, money property, ur effects, whether
hen' in tryst or oth• rwlse, or to levy taxes or perform any
municipal fonction whatever.
Sac. 21. Nu act of the General Assembly shall limit the
amount to be recovered for injuries resulting in death, or
for Wiwien to pereons or property, and iu cane of dimth
from tech injuries, the right of action shall survive, and
the General As-orlly alma prescribe fur whoso benefit
such action. +shall be prosecuted no act obeli prescribe
any limitations of time within which su its may be brought
against corporation. for Injuries to persons or property,
or for other causes different front those flood by general
boo regulating actions againet entomb persons, and such
acta now exiating are avoided.
_ . . . .._ •
of tijtelenTsral Assembly ~.haii.nthorize
the investment of trust funds by executors, admitlietnitors,
guardian., or other trustee., in the bonds or wock of any
private co.ponition, nod such acts now existing lire avoid
ed, saving investments heretofore made.
Sec. 23. The power to chance the venue in civil and
criminal cases .hall be vestel in the coml., to be cxerclied
in such manner as shall be provided by law.
No obligation o; liability 'of any railroad or
other corporation, held or owned by the Commonwealth,
shall ever be exchanged, transferred, remitted, postponed,
or in Rue way diminished by the General Ass, mbly, nor
shall 'nib liability or obligation be released, except by
payment thereot into the State Treasin7.
SEC. Z. When the General Assembly Omit be convened
in special session. there shall be no legislation upon sub
krt• other than those designated in the proclamation of
the Governor, callingsuch session.
i . .
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Sec. 26. Every order, ri.ollition, or M which the
concurrence of both houses may be neceissary Mseept on
the adjeurnmentl shall be presented to the
thiverue, and hefure it Anil take effeet be approved by
him, or being disapproved, shall be re-passed by two-thirds
et both houses, according to the rules and limitations pre
scribed in ease of n bill.
37 Slate 'tee shall be continued or created for
the inspection or inessurltt , "
of any merchatati , e, mat us
facture, or commodity, but any county or ranni.lpality
may appoint such officers when anthorieetl by law.
Sec. 28. No Inn rilfmging the locality of the capital of
the State shall be valid until the came shall have been
.ohniitted to the qualified electors of the Commonwealth
ate general election, and ratified and approved by them.
See. 22. A member or the General Assembly who shall
solicit, demand, or receive, or coilsent to receive, directly
or indirectly. for himself or for another, from any ...Ma
ny, corporation, or person, any money, offic,ammintment,
employment, testimonial, reward, thing of value or en
joyment, or ..f personal advantage or promise thereof, for
his vote or official influence, or for withholding the same,
or with an understanding, expressed or implied, that his
rote or official action shrill it , In any way inn...cad there
by, or who shall solicit or demand any such money or
other advantage. matter, or thing aforesaid for another ' as
the consideration of his vote or official influence or for
withholding the same, or shall give or withhold his vete
or influence in consideration of the payment or promise.'
su c h money, advantage, matter, or thing to another, shall
i.e h e ld guilty of bribery nub in the meaning of this Con
/Alton., and shall incur the disabilities provided thereby
for raid offence. and such additional punishment as is or
shall be provided by ton.
Sze. 20. Any person who 01011, directly or indirectly,
off r, give,or prom!se any money, or thing of value, testi
monial, privilege, or personal advantage, to any execntive
or judicial officer or member of the General Aseembly, to
Influence him its the performance of any of hie public or
official dune., shall be guilty of bribery, and be punished
in ouch manner at shall be provided by law.
Crc. 21. The offense of corrupt enlicitation of members
of the General Assembly or of public officers of the State,
or of any municipal division thereof, and any occupation
or practice of solicitation of ands members or officers, to
Influence their official action, shall ho defined by law, and
shall be punished by fine and imprisonment.
Sec 32. Any person may be compelled to testify in any
lawful investigation or judicial proceeding, against any
person who may be charged with having committal the
offetute of bribery or corrupt solicitation, or practices ot
solicitation, and shall not be permitted to withhold IlLs tes
timony upon the ground that it may criminate himself or
sulject hint to public infamy; but such testimony shall
not afterwanls be need against hint in any judicial pro
ceodi g, except fur perjury in giving ouch testimony,and
any person convicted of either of the offences aforesaid,
shall, . part of the punishment therefor, be disqualified
from holding any office or position of honor, trust, or pro
fit in thin Commonwealth.
_ .
......
Sec. 33. A member who has a personal or private inter
est in any measure or bill proposed or pending before the
General Assembly shall disclose the fact to the house of
which he is a member, and shall not vote thereon.
ARTICLE IV
Sccrio:a 1. Th • Executive Department of this Common
wealth shall consist of a Governor, Lieutenant Governor,
Secretary of the Commonwealth, Attorney General. Audi
tor General, State Treasut er, Secretary of Internal .Iffairs,
and a Superintendent of Public In-traction.
Sec. 2. The supreme executive power shall be vested in
the Go senior, who shall take care that the laws be faith
fully execnted he shall be chosen on the day of the gen
eral election by the qualified eleetem of the Common
wealth. at the places where they shall vote for Represen
tatives. The returns °revery election for Governor shall
be sealed up and transmitted to the seat of government,
directed to the President of the ¬e, who shall open
and publish them in the presence of the members of both
houses of the General Assembly. The person havint the
highest number of votes shall be Governor, but if two or
more be equal 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 determined by a crim•
ntittee, to be selected from bath houses of the General a
sembly, and tlirmed and regulated in such manner as shall
be directed by law.
Nr.C. 3. The Governor shall hold his office during four
rears from the third Tuesday of January next ensuing his
election, and shall not be eligible W the office fur the next
succeeding term.
Sec. 4. A Lieutenant Governor shall be chosen at the
mane time, in the same manner, for the name 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 be .legible to the office of Gov
ernor or Lieutenant Governor except a citizen of the
United States, who shall hare attained the age of thirty
years, and have been seven years next preceding his elec
tion an inhabitant of the State, unless he shall hare been
absent on the public business of the United States o• of
this Mate.
member of Congress or person holding any
office under the United States or this State shall exercise
the office of Governor or Lieutenant Governor.
SEC. 7. The Governor shall be commander-In-chief of
the ermy and navy of the Connnonweatth, and of the mil
itia, except then they shall oe called into the actual ser
vice of • he United States.
Eve. 8. Ito shalt nominate, and by and with the advice
and consent of two-thirds of all the members of the Sen
ate, appoint a Secretary of the Commonwealth and an At
torney General during pleasure, a Superintendent of Pale
lic Instruction for lour years, end ouch other officers of the
Commonwealth us he is or may be authorized by the Con
stitution or by law to appoint; be shall have power to fill
all vacancies that may happen in offices to which he may
appoint daring the recess of the Senate by granting cora
miationa whirl' shall expire at the end of their next sea
son ; he shall have power to fill any vacancy that may
happen during the recess of the Senate, in the office of
Auditor General, State Treasurer, Secretary of Internal
Affahre or Superintendent of Public Instruction. in a judi
cial office, or in any other elective office which he is or
may be authorized to fill.
— lf the vacancy shall happen during the session of the
Senate. the thivernor shall nominate to the Senate, before
their final adjourinnent, a proper person to fill mid va
cncy.
But in any such case of vacancy, in an elective office, a
person shall he chosen to said office at the next general
election, unless the vacancy shall happen within three
calendar months immediatgly preceding *inch election,
which ease the election for told office shall be held at the
second succeeding general election.
In acting on Executive notninations, the Senate shall sit
with open doors, and in confirming of rejecting the nomi
nations of the Governor, the rote shall be taken by yens
and nay. 3, and shall he entered on the jnumel.
. .
See. 9. He shall have power to reruiCtinesand forfollnres,
to grant reprieves. commutations of sentence and pardons,
except in cases of impeachment lint no pardon shall 1•e
granted, nor sentence commutisl except upon the recom
mendation in writiog of the Lieutenant Goven3nr, Secre
tary of the Common wealth, Attorney General, and Seen ,
tary of Internal Affairs. or any three of them, after fall
hearing. upon due public notice and in open sea-ion, and
such recommendation, with reasons therefor at length,
shall be recorded and filed in the office of the Secretary of
the Commonwealth.
10. lie may require information in writing from
the officers of the Executive Department.upon any subject
relating to the duties of their respective offices.
^- 8i;:11: Ile Audi, Clem time to time. give to the General
Assembly information of the Kato of the Commonwealth,
and recommend to their consideration 'such mamma as
ho may judge-expedient.
Soc. 12 lie may, extraordinary aecoolone, convene
the General Aseembly, and in are ordisagreement between
the two homier, with respect to the time of adjournment,
adjourn them to swat tiute as he shall think paver, not
exceeding four months. He shall have power to convene
the Senate in extmordinary tension, by proclamation, for
the transaction of executive business. . . . .
— BCC7I3. In case of the death, conviction on impeach
ment. failure to qualify, redgnetion, or other disability of
the Giivernor, the rowers, du. int, and emoluments of the
office for the remainder of the term, or mail the disability
be removed. shall devolve upon the Lientouant Governor.
_ . - .
13iC.14. In case of a vacancy in the office of Lieutenant
Governor, or when the Lieutenant Governor shall be im
peached by the House of Representatives. or shall be enable
to exercise the duties of Lie office, the powers, duties, and
emoluments thereef for the remainder of the term, ur un
til the disability be removed, shall devolve upon the Pres
ident pro tampers, of the Senate; and the President pro
tempera shall its like manner became Governor it a vacan
cy or disability shall occur In the office of Governor; his
seat as Senator shall become vacant whenever he shall be
Governor, Red shall be filled by, election as any
other vacancy in the Senate
-11. Every bill which shall have pawed both 11.118. ,
shall be presented to the Governor; if he approve, he shell
sign It; Lut if he shall not approve, he *hall return it with
hie objectiona to the house in which it shall have
originated, which House shall enter the uhiectione et
liege upon their journal, and proceed to re-consider it. lf,
after such re.conelderation, two-thirds of all the tnembers
elected to that house shall agree to pass the bill, it shall Le
sent with the objections to the o. her home, by widen,
likewise, it shall be re.consblered. and if approved by two-
thirds of all the members elected be that house, It shall be
law; hot in such CAWS the cetera of lath houses Shall he
determined by ynneo and nave, &lel the mince of the mem
bers voting for and attained the Lill shall be entered on
the journals <deed' home respectively. If any bill shall
not be returned by the Governer within ten days totter it
shell have Leen presented to him, thesame shall Le a law
In like manner as If he had signed it, tiniest the General
Assembly by their adjournment. prevent its return, in
which Give it shall be a law, unless he shall file the
mine, with hie objections, in the office of the Secretory
of the Commonwealth. and give notice thereof by public
prioel.iation within thirty days of er *inch adjournment.
Sec. 16. Tho Governor shall nave power to disapprove
of any item or items of any bill making appropriations of
money, embracing distinct items, and the part or parts
of the bill approved Shall La the law, and the item or
items of appropriation disapproved shall be void. unless
repassed according to the tutes and limitations presrilied
for the passitge of other bills over the Executive veto.
8ec.27. The Chief Justice of the Supremo Court [shall
preside span the trial of any contested election of Gov
ernor rr Lieutens nt Governor, and shall decide eines
, tines regarding the ivimiseability of evidence, and shell,
upon request of the committee, pronounce his (+pint ei
upon other queetions of law involved In the trial The
Governer and Lieutenant Governor shall exercise the
duties of their respective officm until their eaccmiors
shall be dilly quel fled.
8EC.48. The Secretary of the Commonwealth elrall
keep a record of all official acts and proceedings of the
Governor, and when required lay the Name, with all pit
, pen, minutes, and vouchers relating thereto,befoie either
branch of the General Assembly, and perform such other
duties as may be enjoined :Iron him by law.
See. 19. The Secretary of internal Ailedce shall eser
rise all the powers and perforce all the dutiev of the
Surveyor General. subject to such changes na shell be
wade by law. Ilia department shall embrace a bureau of
Industrial statistics, and he shell Wselearge such duties
relating to corporations. to the charitable institutions,
the agricultural, manuilectnring, mining, mineral, timber,
and other material et Neatness interests of the State n
may be preanibed by law. Ile shell annually, and at such
ether times. may lie required by law, make report to tbo
GeneraLAelembly. . .
• cc. 90. The Stilaerintendent of Public Instractlen shell
exercise all the powers and perform all the duties of rho
Superintendent of Common Schools, anhject to 811111 chan
gers as shall barnacle by law.
Sic. 21. The tone of the Secretary of Internal Affairs
shall be font years; of the Auditor General, three yerrs,
and of the State Treasurer, two years. These officers ehall
be chosen by the qualified cleetnre of the State at general
eleetians. No proton elected to the office of Auditor Gen
eral or State Treasurer shell he capable of holding the alone
office for two consecutive terms.
Pm 22. The present Great Seal of Pennsylvaniashall be
the seal of the State.
All commissions shall he In the name and Iry
authority of the Commonwealth of Pennsylvania, and be'
sealed with the State seal and nit.med by the Governor.
ARTICLE V.
TUE Alga.,
flrcrtox I. The judicial power of this Comminvonith
shall be vested In the Supreme Court, in courts of minima
pleas. courts of overand tenuinerand generation delivery,
courts of quarter sessions of the peace, orphans' courts,
magistrates' courts. and iu such other courts as theUen
oral Assembly may from time t 3 time establish.
SEC. 2. The Supreme Court shall consist of seven judges,
who shell be elected by the qualified electors of the Ftate
at large. They shall hold their offices for the term of
twenty-one years, if they E. long Lehave them.elves
but shall not be again eligible. The judge whose commis-
Finn shall first expire shall he chief justice, and thereafter
each judge whose commission shall first expire shall in
tern be cbirjkortire.
;. . .
SEc. 3. The of the Supreme COllll ~ h all ex
tend over the State. and the judges thereof 'ball. by virtue
of their Offices, be justices of over and termincr and gen
eral jail delivery in the eevend eountlea ; they shall have
original jurisdiction in eftses of iiijunetion, and, where a
corponttion is a party defimclant, of habeas COrpu., orman
damns, and to courts of inferior jurisdiction; and in cafio
of qea warrantn aw to all officer,, of the Common
wealth whose jurisdiction extends over the State, but
not exercise any other original jortoliction ; they shall
have appellate jurisdiction by animal. certiorari or writ of
error to all cases, us is now or may her.fter be provided
by law.
Sec. 4. Until otherwise directed by lot; the COlltto of
common pleas than continue as at present established, ex
cept as herein changed; not more than four counties shall,
at any time, be Included in one judicial district organized
for said con rte. _
SEC. 5. II henever a county shall contain forty thous.
and inhabitants, it shall constitute,. sepnrate judicial dis
trict, and shall effect one judge learned in the law; and
the General Assembly shall pmviele for additional judges,
as the busineat of the add district may require. Counties
containing a population less than is sufficient to constitute
separate districts shall be formed into convenient single
districts, or, if necessary, may be attached to contiguous
districts, as the General Airembly luny provide. The of
fice of associate judge, not learned in th 3 law, Is nbolished
in counties forming separate district ; bat tho several as
sociatejnelgeo in office when this constitution shall he
adopted shall tierce for their unexpired' terms.
See. 6. In the counties of Philadelphia and Allegheny,
all the jurisdiction andpowers now vetted in the District
Courts and Courts of Common Pleas, subject to Pitch
changes as may be made by this constitution or by law,
shall be In Philadelphia vetted in four, and In Allegheny
In two distinct and separate courts of equal and co-ordi
nate jurisdiction, composed of three judges each ; the raid
courts in Philadelphia shall be designated respectively as
the Court of Common Pleas number one. number two.
number three and number four, and in Allegheny as the
Court of Common Pleas number one Bad number two,
hot the number of mid courts tray be by Inw
incressed, from time to time, and shall to
in like mintier designated by successive numbers;
the number of judges in any of said courts. or In
any county whore the establiahment of an additional
HUNTING-DON, PA., WEDNESDAY, NOVEMBER 19, 1873
court may be authorized by law, may be increased from
time to time; an d whenever such increase shall amount
in the whole to three, such three judges Anil compose &dis
tinct and Reuling° court as aforesaid, which shall be num
bered as aforeoiid. In Philadelphia all suite shall be in
stituted in the said Court s of 1111 l Pleas, without
designating the nember of said court, and the eer oral
courts shall distribute and apportion the 'business among
them in such manner as shall be provided by rules of
court, and each court to which any snit bo thus as
signed Khali have exclusive jurisdiction thereof, subject
to change of sense, as shall he provided by law. In
Allegheny each court shall have exclusive jurisdiction of
all proceedings at law and in equity commenced therein,
subject to change of venue an may be provided lry
SIC. 7. For Philadelphia thee WA.:Olle On. PrthOnOVl .
ry's OffiCe, and one Prothontary for all sa d courts, to be
appointed by the judges of Said court., and to hold office
for three years. subject to removal by a onajtority of the mid
judges; tole mid Prothonotary shall appoint such aasiot
800 as may be n.essary and anthortzed by said courts,
and he and his .sistan too shall receive fixed salaries, to be
determined by law and paid by said county; all lees col
lected in said office, except ouch ns may be by law dote to
the Commonwealth. shall be paid by the Prothonotary in
to the county treasury. Each rourtehall have its separate
dockets, except thojudgment docket, which shall contain
the judgments and liens of all the said courts, as is or may
be directed by law
SEC. S. The mid courts in the conntics of Philadelphia
and Allegheny respectively shalt, from time to time, in
turn, detail one or mote of their jowls'ta to hold the courts
of Oyer ond Teriminer and the courts of Quarter Sessions
of the Peace of said .unties in ouch summer ea may be
directed bylaw.
. .
Six 9. Judges of the Courts M Common Plops teams'
in the law shall be judges of the courts of Oyer and Ter
miner, Quarter Sessions of the Peace, and General Jail
Delivery, and of the Orphan's Court, and within their re
spective districts shall be justices of the peace as to crimi
nal matters
Sec 10. 'fhe judges of the courts of Common Pleas, with
in their respective counties, shall have power to home writs
of certiorari to justices of the peace and other inferior
courts nut of iecord, and to cause their proceeding to be
brought before them and right send justice to to done.
Soc. 11. Eveept as otherwise provided in this Consti
tution justices of the peace or aldermen shall be elected
in the several wants, districts, boroughs, tool townships
at the time of the election of constables, by the qualified
electors thereof, in such manner as shall ho directed IT
late, and shall be commissioned IT the Governor for a term
of five years. No township, ward,. district, or borough
shall elect morn then two justices of the peace or alder
men without the consent of a majority of the qualified
electors within such township. ward. or borough; no per
eon ehall be elected to sash office unless he shall have
resided within the township, lanough, weed, or district for
one yottr neat proceeding hie election. In cities cordnin
ing over finy tholll4lllli inhabitant., not mom than one al
derman shall he elected i n each ward or district.
Suc.l2. In Philadelphia there shall lie established. fur
each :10,000 iniulbitants, one court not of record, of police
and civil causer, witlijurhtliction not exceeding one hun
dred dollars; such coatis shall be held by magistrates
whoso term of office stall Lc live years, and they shall
be elected on general ticket by the qualified voters at
large; and in the election of the raid niagiatfittes, na voter
shall vote fur inn, titan two-thirds of the number of per-
Sous to be elected when more than ono are to be chos
en; they shall be colupensated only by tired ruler., to be
paid by said county; red shall exercise 'such jurisdiction,
civil mud criminal, except as belch. provided, us is now
exercised by ahletmen, subject to arch changes, not it
volving an increase of civil juriatliction or conferring po
litical duties, us may be made by law. In Philadelphia the
office of aldermaa is abolished.
8re.13. All fee., flues, and pen:alio, lu nab( reurtb shall
lie paid int? the county
_treasury. .
ire. 14 In all CaSe;ufatimm;ry conviction in thin Com
monwealth, or of judgment in exit fora penally Pricer a
ntagbitrale, or court not of ri.iconl, either party may ap
peal to each court of record as may ho pmescrllayl by law,
upon allowance of the appellate court a r judge thereof, up
on cause shown.
SEC. 15. All judges required to be learned in the law•
except the judger of the Supreme Court, Ault be elected
by the qualified electors of the respective districts over
which they are to preside, and shall bohl their offices f
the period of ten years, if they shall so long behave them
selves well; but for Key reasonable rause, which f , bal I not
be sufficient ground for impeachment, tho Governor may
remove any oldie. on the address of to o-thittls of each
house of the General Assembly.
SEC. 10. Whenever two judgi.s of the Supreme . Court are
to be chosen for the same term of sorrier, cacti ',tor aLxll
cute for ono only, and when three are to be chosen, he
shall rote for no mere than two ; candidates hir host in
voto Khali be declared elected.
Su, 17. Should any two or more judges of the Supreme
Cow t, or ens tw•o or more judges of the Court of Common
Pleas for the same district he elected at the same thee,
they ellen, as soon efter she election as unaveniunt, cast
lots for priority IX reanmission. and certify the result to
the Governor, who shell 1....eue their commissionsin accord
ance therewith.
Sre.lo. The judges of the Supreme Court and the judg
es of tile several Courts Id C. thorn Pleas, awl all other
judges required to be learned in the law , shall, at stated
times, teeeive for their services On adeynute COMIMItlati(111,
which Alan be 11.1111 L.W. a n d laid by the State. They
shall receive no other comta•nsation, fees, or poi - Tilsitca of
office for their services 11-0111 any source, nor hold
any other office of profit under the l'ult,l Slat., this State
or any other State.
Ste. 19. The judges of the Supreme Court, during their
continuance to ogice, shat reside within this Common
wealth ; and the other judges during their countinuanee
in office, shall reside within the district for which they
shall be resTectlvely elected.
Ste. 20. The several Coarta ei Common Pleas • besides
the powers herder contend, shall have anti exerci,e with
in their respective district., subject to ouch changes as
may be made by law, such chancery powers as are
now vested by law to the !leveret CourtsofCOULMOTI Pieaa
of this Commonwealth, or 111 may hereafter be conferred
upon them by law.
Sec. 21. bio duties *hall be Imposed by law• upon the Su
preme Court or any f the judge) thereof, except such as
are jndicial, nor shall any of the judges thereof exercise
any power of appointment, except as herein provided. 7 he.
Court of Nisi Pons Id hereby abolished, and no court of
original jurisdiction to be presided over• by any one or
more of the judge. of the Supreme Court shall tat estab
lblied.
See. 22. In every manly tt herein the population shalt
exceed one hundred and fifty theumnd the General Assem
bly shall, and in ony other county may, establish a sap
unite Orphans' Court. to coneist of one or more judges
who shall be learned in the law, which court shall exer
cise all the jurisdiction and powers now vested in, or
which may hereafter be conferrcd upon, the Orpluune
Courts, and the.enpon the jurisdiction a the judges of
the Court of Common Plertir within each county, In Or
phan.' Court prmedinge, shall mace and determine; In
any county in which a separate Orphans' Court shall in
established the Register of Wills shall be clerk of such
Court, and antject to its direction in all matters pertaining
to his office, he luny appoint assistant clerks, but only with
the consent and approval of said court. All outslllC. filed
with him as register or as clerk of the mid separate Or
phans' Court shall be audited by the Conte without ex
pense to pert ies. except where all warm , in interest in a
pending proceeding shall nominate an auditor whom the
court may, in its chasm:on, appoint. In every county
Orphans' Courts Ault possesse all the powers and jurisdic
tion of a Register's Court, and separate Registers' Courts
am hereby abolished.
Sam The style of all process shall Le ‘The Common
wealth of Pennsylvania." All pnsteentions shall be ear
ried on in the name and by the authority of the enamor
wealth of Pennsylvania, and .e.•ouClude agnimt the Imam
and dignity of the mine.
Sec. 23. In all eases of felonionn hamlettle, and In such
other criminal cases as may bat morbl d for by law, the ac
cused, after mativirtion and sentenee. cony remove the in
dictment, ramord,c and ail 'proceedings bt the Supreme
Cuurt for review.
SEC. 25. Any vaeancy happening by death,
or otherwise, in any court of retard, shall be filed by ap.
pointment by the Gorernor, to continue till the fit, Non.
day of January next succeeding the tirot general election,
which shan't:a:cur three or more mouths atter the happen.
ing of F2lch.Taticy. . .
Pne. 26. All law..relating to courts Phall he tteneml and
of uniform operation- and the ortroniantion, jurisdic
tion, and posse, of all courts of the same duos or grade,.
far as regulated by law, and the force end effect of the
process end judgments of Such ccurts elin ll be uniform;
and the General Assembly Is hereby prohibited front cre
ating other courts to exercise the powers vested by this
constitution in the judges of the Court ~1 Common Phsts
and Orphans' Courts.
MEC. 27. The parties, Ly agreement 111.1, may, in any
civil case, dispense with trial by jury; and submit the
deeidon of such case to the court haying jurisdiction there
of, and ouch court shall hear and determine the same ;
and the judgment thoteun shall 0.-e subject to writ of
error as In other curt,.
ARTICLE VI.
Steriea I. The Haase or Itepresentativee eltall have the
aole velvet: ?finliaacltment.
St& 2. All iintwaebuientel Anil le. tried by the Senate;
when sitting for that inalpoio, the tzoolootora shall be two
oath or affirmationy no pereou shall be convicted without
the ea:recurrence of lwtetbinle Of the memberto presout.
- .
Sc.E 3. The novenior and an other civil onlcern
xlutll Le liable to impeachmont fur any mi&dentettn
or In offioe, brit jarlgulont In witch cancel 'hall
not extend further than to removal font, (Ace and
qualification to hold any office of trust or profit under thin
COM roonwcaltb; the person accusrd whether convicted or ac
9Wtted, hhall nevi-rattle., Le liable to indictment, trial,
Judemeut, and puniAnnent acccording to law.
S. 4. All °nicely sLall hold their ;Mem on the condi
tion that they behave themselves well while In °Mee, and
shall is remov,l on oonvictkm of misbehavior in ufne. or
of any infamous crime.
. .
Apixtinted officers other than Judges of the courts of
record and the Superintendent of Public instruction,
may be removed at the pleasur of the power by which they
!Mall have been appointed. All officero elected by the peo
ple, except taverner, Lieutenant Governor, members
of the General Autoubly. and judges of the emirla of rec
ord. learned in the law, atoll be renamed by the Governor
fur reatonable canoe. after due notice and lull hettrlog, on
the addrem of two-thlrds of the Senate.
ARTICLE VII.
Sccrtos 1. Senators and Representatives and all judi
cial, State, and county officers, shall, before entering on
the duties of their respective office, take and subscribe the
following oath or affirmation:
- _
"I do sTsleninly swear (er affirm) that I will support, obey,
and defend the Constitution of the United t , tatea no the
Constitution of this Commonwealth, and that I will ea.-
charge the ditties of my office with fidelity; that I have
not paid or contributed, or proud.' to pay or contri
bate, either directly or indirectly, any money or other val
uable thing, to pnscure my nomination or election (or
appointment), except for Illef,CB.,Cy :sad proper expenses
expressly authorized by law; that I have not knowingly
violet.' any election - law of this Commynwealth, or
procured it to be done by others in my behalf ; that I will
not knowingly nectar, directly or indirectly, any money
or other valuable thing for the periormance or non-per
formance of any act or duty pertaining to my office, one
er than the compensation allowed by law,"
The ffiregoing oath shall be administered by tome per
son authorized to adminiater oaths, and in the Ca, of
State officers and Judges of the Supreme Court. shall he
filed In the office of the Secretary of the Commonwealth,
and in the cane of other judicial and county officers, in the
office of the Prothonotary of the county in which the same
ie taken; any person refusing to take coil oath or affirm
! tion oh.' I forfeit his office, and any person who shall be
convict.' of having sworn or affirmed falsely. or of having
violated said oath or affirmation, shall ho guilty of pet:fury.
end he forever disqualified from holding any office of trust
or profit within this Commonwealth.
The oath to the members of lbe Senate and Rouse or
Representativea shall be tom ini - ts red by one of the Judges
of the Supreme Court or of a Court of Common Pions,
learned in the inw, in the ball of the house to which the
member shall he elected.
ARTICLE. VIII.
SUYFRAGD AND ELtenvie.
SECTION 1. Every tussle citizen twenty-one years tit ago,
poenewting CIO following qualifications, stall be entitled to
votent nll elr^tiunx. .
"I'f;;t. — fleslsil have been a citizen of the trotted States
at Past one month. . . .
. 11;71;11 haw resided in the State one year for
if, hating preciously been n qualified elector or native
born citizen of the State, be shall hare removed therefrem
and returned, then 913111.1100 immediately preceding the
election. . . .
Ile shall have resided in the election district
where he shall offer to vide M least two months Immedi
ately preceding the election.
Fourth If twenty-two years of age or upwards, be Phall
have paid within two years. a State or county Tax, which
than hate been amassed at least two 111,111116 and paid at
leas one month before the election.
SEC. 2' The general elc+•tion eliall be held annnafiy on
on tie Tuesday next following the first Monday of ise.vent
her. Lut the General A,seuibly may by him fix 3 different
day, two-thirds of all the members of each horse consent
lug thereto.
'he. 3. Ali electrons for city, ward, borough, and town
ship officers, fin• regular term of service, shall be held WI
the third Tuesday of February.
Size. 1. All elections by the citizens shall be by ballot.
Every ballot voted shall be numbered in the order in which
it 'hall t e received, and the number rccortled by the elec
tion officer:: on the lint of voters, opposite the name of the
elector who presents the ballot. Any elector may
write his name upoa his ticket. nr • CUM. the MHO
to be wlltten thereon and attested by u citizen of the
district. The election of shall b•• sworn or affirmcd
not to disclose how any elector shall hove voted 'ante , ss re
quired to do so as witnesses in a judicial proceeding.
Pro. 5. Elect ra shall in all antes, except !reason. felony,
and breach or surety of the pc:ten, Is privileged from ar
rest during their attendance n elections and going to and
returninglherefrom.
cc. G. — Whenever any of the qualified electors of this
Commonwealth shell be in actual military service, under
a requisition from the Presideut of the United States or by
the authority of this Commonwealth. such electors may
exercise the right of suirrage to all elections by the citi
zens,neler such regidations RR are or Filiall he prescribed
by law. as fully as if they were present at their usual
places of election.
. . .
Sec. 7. AS laws regulating the holding of elections by
the citizens or for the registration of electors shall he uni
form throughout the State. but no elector el llbe deprived
of the privilege of voting by reason of his name nut being
registered.
figc. A. Any person who Atoll give, or promise, or
otter to give to an elector, any sooney, reward,
or other valuable con•ldera- tion tic his vote
at an election, or for withholding the same, er
who shall give or promise to give such considera
tion to any other person Or party for such clector's vote,
or for the withholding thereof, and say elector who shall
receive or agrre to receive, for himself nr for another, any
money reward or other valuable cousideratmn for lie vote
at an election, or for withholding the same, shall therrby
forfeit the tight to vote at such election. and 'thy elector
whose right to vele shall la• challenged for mach cause be
fore the eleetion officer. stmt be required to swearor Marto
that the matter of the challenge is untrue before vote
shall he received.
Sre. 9. Any perm!' who trill], a candidate fur
office, lie guilty or lirihery, fraud, or tcillitl vrilaiton of any
election law. Atoll he forever dkimalificii from holding.
office of trust or profit in tionnionwealth ; and any
person convicted of wilful - violation of tho election
shall in addition to am penalties provided 1.., luau, be
mired of the right of zhtollite ly far a term of
four years.
Sr.;'. In. In trim l ;;f 0,111,41.4 v1,11,04,thel
in prorer,l
inas for the itivi,stiption of eleetiore, nu ilerson shall he
permitted to witl.holil bin te.l;tininy upon the ground:hat
it may criminate himself or ,-illject him to public infamy;
but such testimony shall not IdterwareN be 11.eil against
him in any judicial proceeding, except for perjury in giv
ing, such testimony.
gee. 11. Towimlilt, and wards of chi, or borough;
shall form or be divided rate election ili,triers of compact
and contiguous territory. in SllOl manner tIS the Court of
Quarter oe--in n s of the city in...minty in which the same
are located may direct; but districts in cities of over one
hundred thousand inliabitatim shall 1.0 divided by the
Courts of Quarter S.vi. , iuns having jurisdiction therein
whenever at the next preceding election more time two
hundred and fifty votes shall have• been pulled therein;
nod other election tlittricts whenever the court of the
proper Conn ty shall be of opinion that the convenience of
the electors and the public isitele.te wilt be promoted
thereby.
. .
Su. 12. All elections I.y persons in a representative c
pacity shall be in'ett voce.
Su. 13. For the purpose of %Ain,. reason Rll4ll be
deemed to have gained a residence byrettenn of his prev
enee, or lost it by reason of his absence while employ...l in
the service, either civil or military, of this State or of the
United Stat. ' nor while engage" to the navigation of the
waters of the State or of the United te, or on the high
seas, nor whi le a Otident of any iii-that ion of learning,
nor while kept in any poor house or other asylum at pub
lic expose, nor while confined in public
. _ .
,
t 4 r.e.14. Ifistrict election barcis'shall e:oisis:t of a judge
an.l two hp-Ter:ors. who shall be chosen annually by the
citizens. Each elector shall have the right to vote for the,
judge and con inspector, and each Inspector afoul appoint
one cleric. The flint election Wawa for any new distriet
shall be selected, and vacancies in election tannin filled as
shall be provided by law. Election i.fficers shall be privi
leged from arrest upon days of election n ad while engaged
in making up and transmitting returns. except ups war
rant off% court of record or judge thereof for on election
fraud, for felony, or for Val ton breach of the pence.
Lc MU/. they may claim exeni!dion from jury duty during
their terms or serViCe.
Six. 15. !co person shall he qualified to nerve.; nu elpe.
tiou officer who shall hold, er shall within two months
have held any Mike, appointment, or employment in or
under the Government of the Coiled State, or of this State,
or "fatly city or county. or of any umnicipal hoard, .111-
IniAgiOn, or toot in any city. Faye only justices of ;helve.
and aldermen, notaries public, anti peroon , in the militia
service of the State ; nor shall any election onicer to
eligi
ble to any civil office to be tilled at an election at wh:ch lie
shall serve, nave only to such subordinate muniteipal or ice
cal ME.x below the grade of city or tronnty offices us shall
be designated by genend law.
tire. 18 The Courts of Common Plats of the several
counties of the Commonwealth shall have power within
their leapectivejuristlictions to appoint oren:eera of .le,
than to supervise the proceedings of election anions, .d
to make report to the court as may ho required ; such ap
pointments to be mink for any dlatrict in a city or county,
upon petition of five citizens, lawful voters of such elec
tion district, setting forth that such appointment Is a rea
sonabio precaution to secure the parity and fairness of
elections; overseers shall be two in number for an election
district, ellen be residents therein, and shell be persons
qualified to rerve upon election boards, and iq eneh eche
members of different political parties ; whenever the mem
bers of an election board shall Wifer in opinion, the °err
eeerA, if they ;Mall be agreed thereon, shall thcide the
question ofdifferrnre; in appointing; oVernee.r9 of elec
tion, all the law judge- of the proper court, able to act at
the time, shall concur in the appointments mode.
Sac. 17. The trial and dote rmination of cont.ted elec
tions of electors of President and Vire President, members
of the General tiattembly, and of all doblic officers, whether
State, judicial, municipal, or local, slut I le by b.: 1•011 rte
of law. or by one or more of the law judges thereof; the
General Assembly sltall, by general law, deeignate llto
courts and judged by whom the s vent' classes of election
contteito shall be trio], and regalate the manneroftrial and
all matters incident thereto; but no each law assigning
Jurisdiction, or regulating its exercise, shall apply in any
contest ad./ills out of tee election held before it, pagrage.
ARTICLE IL.
Szrriox 1. An taxes shall Le unlthrm up. the same
class of subject+ within the territorial limits of theauthor
ity levying the tax, mod be levied and txttleotoll under
general laws; but the General Assembly may, by general
Lau., exempt frtnc taxation public property u.ed for pub
lic purposed. actual places of religious •worithip, plecte of
ri
bual not need or held for private ur corporate profit, and
institutions of purely public clarity.
ar
I,C 2. All la - ws eXeinpting property fr nt taxation, eth
er than the property above enumerated, shall be void.
Sao. S. Tito power to tax corporations and corporate
property shall not not be :amend. ed or suspended by any
contract or grant to which the State shall ben party.
Site. 4. No debt shall be created by or on behalf of the
State, except to imply cannel deficiencies of revenue re
pel invasion, suppress insurrection, defend the State in
war, or to pay existing debt, and the debt created to sup
ply deficiencies in revenue shall never exceed in the WS
gregato at any one time one million of dollars.
sec. 5. All laws authorizing the farrowing of rummy by
and on behalf of the State shall specify the purpose for
which the money is to he used, and the money to bummed
shell-be used for the purpose specified end no other.
, sc. 6. The credit Of ;he Commonwealth Ebel] net lc
pledged or leaned to any Individual, trommuly, corporation,
or ;A. - mutation, norshell the Commonwealth hecome a joint
owner or stockholder in auy company, association, or or
..
General Azet.mbly shall not authorize any
county., city. borough, township or incorporated district to
become a I:4.cl:balder In any company, asst.lntion or our
pontllon, or to obtain or appropriate money for or to loan
its trCeit to nay corporation, n,.•ciation, imtitut:on or in
dividual. _ . . _
8. The debt of any connty, city, borough, township,
school district, or other mnnicipality, or Incoris,sted die-
Viet, except a' , herr:it provhlfel, shall never exceed seven
per centem upon the assns,d value of the taxakle proper
ty therein, nor doll any such municipality or district in
cur
any new debt, or increase. itu Indebtrdne+stnanomonnt
exceeding two per .entree upon such etesred valuation of
property without the assent of the electeie thereof, et n
public election, in such manner au shell be provided by
laic ; but any city. the debt or which now execute seven
per centunt of such asveeed valuation, may be anthoriged
by taw to inerenee the sune three per centem (in the ug l i
-
gregate at any one Sew) upon reel, rah:Minn.
C. Tier. Countreetweelth sisal! not assume the debt,
or any part thereof, of auy city, rolilley, bornugh or town
ship. unicessuch debt shell have tea:au t ms~ meted to enable
O&M:tie to repel hives . .., ' old insurreenen,
defend itself in time of war, Or to ;mist the State in the
discharge orally portion of its ',relent indeldMitesq.
Sea. to Any county. townehip, school district. or
other municipality incurring a y indebtednese shell,
at or before the time of ro ',jog, provide for the col
lectinn of annual too .efficient to pay the interest
and also the principal thereof within thirty years
se. 11. Top outdo for the peyetent the precut
State dekt and any additional debt contracted as afora
void the Genera, a se-n*ly shall continue and nt.i.e.
Wu the sinking fund snifireent to ay the scorn leg ;
interest on such debt, and annually to reduce t. e prin
cipai tber of bra sum not less than two hundred and
(Sty thousand dull -re; the sold sinking lord shall
consist of the prime ds of the sale. of the punlic
works or any pert thereof. and of the iticome or pro
ceeds of the sale o t any stocks treed by the CoL.nion
wealth. together with other funds and rector se that
may be designated by law, and shall be increauPd from
time to time by nssigniug to It any part el the taxes
or ocher revenues of the State not rsquin d for the or
dinary cud current expennea of government; nod tl
les. In Cote of war. invasion. or insurrectioo, co pore
of the said sinking fund shall be need or spelled other
%vice than in the ex - Inguisbment ref the puolc debt
pee It. The moneys of the State, over AA above
the necessary rea• rte, shall he use I In the payment of
the debt of the State. either directly or thr•tigh the
siok ing fond, and the money, of the sinking fund
.11.11 never I e invested in or loaned upon the security
of anything except the bonds of the United States or of
this State.
E.G. 13 The moneys held as neceaseryremerve obeli
be limited r low to the amount required by current
expenses, end shall iie secured and kept as may be pro•
sided by law Moo hiy eiateniente shall be publiehed
r.howine the emi.ust of such moue's, where the Flame
are d• posited a• d how secure'.
See 14. The mak irg of profit out of the public
nu wept. Pr tlldi th, tonne for any purpose not author
ized by law, by any officer of toe stele t•r month •r or
officer of 'hi. Genetel asoembly, s ell he r. mtele•
unmoor. and Khali be ',finished es may be provid.d ).y
law. but part of retch punishment oholl 1.0
notion to hold olliee fort period of not less thou floe
years
ART:CIii; X.
Santies I. The General Assembly !hal I provile
the maintenance and sat port of a thorough and effi•
eient system of pui.lie mantels, wherein all the On!•
dren of this cototnonweal , h, a` eve the ageof sic years,
mmy be edueat“l and shall apprepAate et least ens
tall Ilion du , !ars eaeh veer for that purpose.
- .
.
Sae, 2 No tummy millet for the suppo it of the pule
lie schools el the tkimmanwealth shall be aperopriated
to or used for the marmot, of any aectari te school
Ake. 3. Women twerity.one rears of age and upwards
stud be eligible to any office of o ntrol or m inage
went nutlet the school lases of this :tate
ARTICLE XI
FiCTION 1. The freemen or this Commonwealth shall
he wined. organised and disciplined I.e in defence
when and in Stich manner as in .3 , be dlrectrd ny law.
The. General Assembly shall provide for maintaining
th, militia by appr prink .n from the Treasury of the
Commonwealth. and may ex mint from military service
pers.s having cOuselentious scruples against bearing
arms.
ARTICLIS XII
SI , CTION 1. All racers whose selection is not prov id
ed for in this constitutions. alt to elected or appointed
as way be dirrcted by Intr.
„__ - .
iisd. 2. No membe - r of Congress from this Stat., nor
any person holding or exercising any nffico or appoint
meet of traitor profit tinder the United Stet 's. shall
et the same time hold or xtricire ant office in this
Stale to which a safety. fees or perquisites shall be
attached. The General Assembly may by law declare
what offices are incompatible.
8u0.3. Any person slit, shall fight a duel or and a
challenge fo that purpose. or be aid, or abettor to
ligh , lng a duet, shall be deprived of the right of hold
ing any office of home or pan: In thin State and may
be otherwise punished an isheel be prescribed by law.
ARTICLE XIII,
NM COUNTIES.
&terms 1. flo new county ■ball he established
which thrill reduce any county to less than four hun
dred ivert) miles, or to less than twenty thouesed
intlimitants; nor shall any county be formed of less
area. ore centring a leas populatino, nor .hall acy
line thereof pass within ten miles of tho county that
of any county proposed to be divided.
ARTICLE XIV.
COUNTY OiVICERS
Secy. 1. County officers shall consist of sheriffs,
coroners, prothouotal i.e, registers of al I's. r..corders
of deeds. commissioners, treasurers, surveyors audi
tors or controliels, clerks of the courts. dis , rict attor
neys. and soda others es mdy from thee to time be es
tablished by law • and no sheriff or treasurer shall be
eliglble for the bem next succeeding the one for
which be may be elected.. ...
Sao. 2. County officer..hall be electtol at the general
elections, and sh.tli hold their offices for the term of
thee year.. begleming on the fleet Monday of January
next alter their election. end until their sw•cessors
Alan I e duly qualified ,• all illoincies not otherwhe
provided frr.h.ll Ce tiled in such meaner as may be
pr. 'hied by law.
EEC 3 No person shall la appointed to any office with
in any county who thall nut eve beim a citizen eel
inb.bitaut thereof one year next t.efore his appoint.
meet. it the county shall bare been AO lot g erected,
but if it shalt not bare been e 3 long erected, then
within the limits of the citunty or rounti s out of
which it shell have been taken.
S.C. 4. Pruthonotaries, cleilis of the courts. recoi.l.
ere of deeds. registers of wills, county surveyors, and
sheriffs shell hr.], their ofda•e in tho County town of
the county in which they eckyeetively shell be officers.
fisc. 5. - The compensation of count; nftie•rs 0.11 be
regulated 1 y law. and all county officers who are or mvy
1.0 salaried shall pay all fees which they in iy be au
thnrlz-d to receive into the treasury of the county or
;late, as me., be direeted by law. In couu ties con
taining over one hundred cod filly thousand inhabi
tants al. county officers shall be paid by ralary, .11. d
the as ary of any Fitch officer and 614 clerks, heretoLre
paid by fees. 01.11 tor exceed the agg.eote amount
of f, es owned Ouricg his term and collected by or for
bin].
b. The General Assembly obeli provi,e by lap
for the etrict e , eonntak ility of al coon . y. township.
and orough officers. ea well for fere which may be
con. tied by tnem se for all publicar moulcipal moneye
which may be paid to thorn
_
. .
SEC 7. 'Ciliate county commissions re and three
county auditors shafi Le erected in encl. cuuaty where
such eel ters ate chosen. in the year one thousand
eight hundred put seventy-five, and every third year
thereafter ; .d in the efection of said officers easy
quadfled ettcter will vote for no met, than two per
POOP, and the three persons having the highest num
bero• vet-s shall t e elected ; any cast./ vacancy in the
tare of county commissioner or county auditor !ball
be tried by the Court of Common W.'aa of the county
in which such vacancy abaft occur. by the appointment
of an sfe•tter of the proper county who shed/ have voted
ter the camniseioiter or auditor whose place is to be
filled
ARTICLE XV
Eatcx:ue 1 Cities may be cbartered whenever a ma
j dity of the erctora of soy tune or baronet having it
population o" at Vast ten thousand shall voto at any
!nlavorof the came.
Sue 2. No debt shag 1.,cr;;ir;;;:l or ;lied ty in
curred by any intuVcirar C0r1V111851..0. excr pt in t uruu
&nue of an uppr. priation war iouriy made there!, by
the munkipat g0r0111..11,
2 4 1:0 3. Every city shall create a Puking ft,d, wt i• h
shall LP invioA,b.y idedged for the rayalent of its
funded debt.
ARTICLE XVI.
FR VAT,: CORFOR Tlu.S,
Samna 1. Ali existing charters, Or grants of special
or 4,ctusis, pririfigi.a. under whiih a t.ec fide organ
ize ion Olaf! not have tither, Waco and IttlaillYl.4 been
commenced in good faith at the time of the adoption of
this cocrittthn, i•ba t then after have no •sitility
tee 2. The Genera! Aecembly shell not remit the for
feiture of the charter of any corporation now existing.
or a/ er or amend the same. r pa-s any other geserd
or spechil law for the beninit of such corporation, ex
cept upon the crind'tion that sash corporation ahn't
tl,resfter bo'd its charter Fit jest to the prov , sions
of this constitutio,
S.C. 3. The exercise of the right of eminent domain
Asti never be abridged or so construed as to prevent
the Genera/ Assemb y fr m Lakin, the prop •rty and
from bises of incorporated companion, and nob,ctinv
them to pabiic tee, the aline an the property of toil
v:duats t and the exercise of the paiice power of the
Stole shall never be w ridged tv no eonstrord as to
permit corPortstioon to coudoct their Wittiness in such
manner as It iufringe the twin/ rights of Jodie iduate
or the genera! w of the Mato
rec. 4. to nil e!ectione for airecturs or managers of
a corporation o--oh member or Aare-holder may cant
the whole number of his votes fur one candidate, or
dintrinute theta upon two or um, candidates, as he
may prefer.
as, 5. No foreign corporation Anil do any business
in this State without baying one or more knot, places
of business. and on auth-,ria-d se nt or agents in the
same. upon whom rocese may be served,
- _ . " "•
SSC fr. No ef , rperatlOn e4gage in any hula• SR
vibe• than 1h...5p....Ty authorized in ita charter
hor aball i•. take or boht any re..l mutate. except such
as may he necessary and proper for its legitimate
ine•a-
Si.c. I. No corporation .hall isame stocks or bon a
xc-ot for manor. latcr dune or money cr property
actually received; end all fictitious Mclver. of ptf
or inde. tednees shall be void; the stock and indebted-
C.. of cotpotatlons shall not be herein-A except in
pursuance of general law, nor without the comment of
the p-rsoos h.ading the fareer amount to of the
sock first obtaicei at a me. ting to be beta after alx , y
days , notice giro. in por , narce (law.
40. 8. MuOicipitt sod other corporations and indi
viduals iovetted with the privilege of Peking private
property tar pub is use shall make just compensation
for property taken, Jr jured, or olestroyed by the con
spoetion or. , nlargement of their works. highways, o:
improvements. which compeosstion shall he pail or
secured before such liking. injury. or destruction
The Givieral A mem ly I. her y prohibited from de
priving any person of an appeal from any preliminary
asiwisment of d.ret,•ee egaii,et any such corporations or
indiridu.ile mane ty viewers or otherwise; and the
amount of such civrampts, in all losses of appeal shall,
on toe il-mend of either party, be deL, s.sioed by
ju
ry according to the goers.. of the common law.
. .
no p, Every asking law shall providl for the rtg
iatry *mei countersianlng, by an office of the Stati•
all rotor or bile tbutor, el for circulation, and that
ample aeca•lry to the fall amount theroof obeli be
depottited with the Auditor General for the redemtion
of each not, or bill,
Pa .:.10 The Getteral As:en/1y Phan have the
power to alter, revoke, or atom' any charter of in
corporation cow existing and revocable at the odor
thm of this retat.tution, or any that may herenfter be
created, whenever in their opinion ',may be injuri
ous to the eitia tia of this Commonwealth. In such
manner. however, that no injuatlea shall to d“ne to
the corporator.. On irw beret (ter enacted shall Cre•
ate iroew, or extend the charter of more than one
em porn:Mo.
. .
ti r rc 11. Nu corporat, bed, to pussese bankiug and
disrouutingprivii gas shall bo erosted ur iogaitis-d is
pomusuce uY any lam without three months moil us
public notice at therime or the intcrodmi location. o f
the iutouri. 11 tO apply for such pris i lege, iu Roth 1111t11
11,1.11 shall be prro,cm bed by lan,nor obeli a charter .cor
!aril privileggo be granted for a longer period than
twenty yens.
. . .
*Ka. l 2 Aoy ItFßOLiatiOn or corporation org,ised
for the or aoy imPvitsal, obeli bar toe right
cen.truct aod irt4intain line,. of telegraph w imin
,tato. and to connect the name with other Aims;
and the tienerol A terirbly shall. by general tow of
uniform °perste, rue ido reasonable regulatious to
giro lull elfeet to Vile section No telegraph c ropany
shal' consolidate ouch or hold w controlling iotvrost
in the stock or emeis of y mhos to !seraph economy
owning a compelling lino, or acquire. by purchase or
utherw ion, soy ..flee competb g floe of telegteph.
13 The term t•co4oratforia," as 1.114 . 1 LI this
article, .hal I bo coostrae4 to inc , utle tot joint etcen
atm:panics or asaociationa having soy of the power. or
pr vlegea of corporations not pas/teasel by itatieidaaia
or partnersl:
ARTICLN XVII
ELM. 1. All railroads and canals shall Le
bighwat a, and all ruilro...d acid mail companies shall
be common carriers Any Pligt.e Jen or corporatit
orwanized for the pulp. se sham hats the right to CO4I
- and operate .» tailroad between any points with-
in this St,. PIO to coon et at the state lice with
rtilroads of other Slates. Every raiiroad company a .11
have the right. with 1 s road, to interuset. coont-et with
or cross Stay Whelk. Mitt , . I, nal atm. I Ire.ita and
transport each the other a' pawricogent, ton. a e. and
cars, Waled or empty, without welay or disci Wilts,
tion . .
etsdll Every railroad and mint corporation organ
ized in this :late shall meintein no t Itize th-reio,
where 111.6ferx, , t1 it.. stock ..ball made. and where
Its hooka elle' 1 t e kept for luepectiou by . any Mock holder
or :red itor of such corporation, fu Which shell e re.
cord. (1 the mount of capital .:eek sub.crfbed or paid
in by whom, the names of the owuei a it I iii mock
and the amounts owned by Ibvin. ret.pective!y, the
trAoHlerk, of s tit! mock. and the names ei.d f
reridenerSf iii offiesrx . .
- 2340 3 All iudisoduals, assoc iat ore, and corpors
tions shalt Move equal right, to have palm. .4
property transo toed over railroads sad canals. a d
no .14118 or um cafronable d.scrimiortion shall he
med, in chance, for or in facilities fur transpreMtion
of frelght or para.:gem with,. the Etat, or coming
Irma or going to any other State Poo.as and prop
erty trann,trod over any railroad mall be delivered
at any statoon at couges not 4.v:edam the charges for
tmomportationof moral., end property of the saute els.,
in the same direction to coy moire distant station; bat
excursion commutation ticket, may be issued stapeciel
rates,
S. 4. No railroad. care], or other corporationovor
the 4.38ee porch. somfo, ors, log. rs ol any railroad or
canal corporation, ,hell coneotidate tfte stack. proper
ty, or Co...Mein ench corporation with. or lease . r
purchase the Wort ur franCaltra of, or fo any way con
tool any other raiorosd u. canal me puration owningor
basin owlet it, casino l• parallel or competing lioe,
1.1.1 r shall any ,Dicer of sucn ref Iron.' or canso corpora
tion at, as an ufilarr of any other railroad or canal cor
potation owning or having the cootrol of a !mane, or
competing lion, end the question whether rsilreade or
COMM 8 are ',mallet or competing lines shall. .41em de
manded i y the pony complainant, be dacitled by ajury
us in other civ.l issome.
,' SE. :.. No iecorgorafed company doing the hominess
of a commoucarrier shall, directly or indirect :y. pros.
acute er engaee in mining or manufacturing au ticles
tut transportation , Vet i to works, our Shall each com
pany, directi or irlirectly. enrage in any nth, r huff
torte than that of common carriers. or hold or &mitre
tonna. fee• bold or leasehold, directly nr indirectoy,
extort much as -hall b. neceo.mary for carrying o o its
busiross; but any towing or nosncfacturimf company
ni oy carry the pro ducts a.l its mines sod motomfactorke
,n it, railroad or canal not exceeding 3.4 miles in
length
Soc. O. Nopresident, director, officer. agent. or em
ploye of any railroad or canal cmaptny shall be inter
ested, directlo or indinctlr, iu the luruishing of 8111.
tonal or mopplies to such smipsny. oc to the business
of transportation as a common carrier of freight or
palm niter. over the works °wool, leased. cootrolaed or
worked by such company
Sod. 7 eo discrimination in chimps or radial..
for tronspneation shall be mole between transporta
tion cotnpanie. and iniiividaao. or in ftvor of either.
by aim tem dn. diawbeck, or aitherwase, aPdi no railroad
or canal company, nor any 1 eRYee managoi, or employe
thereof. snail make any preferences in tarnishing c ors
or motiee power
Sec. S No rntirrad , railvr,y. or other transportation
company shall grant 'roe passes or ',epees at a discount
to any person esco r t officers or employee of the com
pany.
Sc 9. So street passenger railway shall be con
structod wit , in the limits of any city, borough. or
tow ship w thout the consent of Its lo.ml authorities.
Sec. 10. N.. reilroad, canal, or other Irampertation
company, in existPnce et the time of the adept.on of
this article. shall have the benefit of any future leg'.
lstion by general or special laws, except On condition
of c molete acceptance of all the provisions of this
article.
1;011. The existing powers and duties of the Aud
itor (levers' in regard to the railroads. canals, and
°fir, transportation companies, except asto their Re
counts, are hereby transferred to the Secretary of In
ternal Affairs. echo .1,11 have a general supervision
ov r them subject •o sash regulations and alteration.
so shall be provided 1 y isee j and in addition to the
annual reports now required to he made, said Peeretaq
may ',quire epecial reports at any time upon Soy sub
j et rotating to the Lusinees cf said companies from
soy cMcer or otticrrs thereof.
ARTICLE XVI!"
SECTION t Any amendment or emendmente to Ohio
constitution m be proposed intl.:Lei:late or Nouse of
Representatives. and i I toe same shall he agreed to by
a majority of the men:era elected to each house,
auch proposed anteptlinset et ainetwitnenta shall be en
tered on their iiurnale, with the yeas and oars taken
thereon. And toe Secretary of the Commonwealth shall
o use the some to he published three msoth n before
the next general election in at least two newspapers
in ever, county in which moon newspapeta
shut be publi-had; and if: in •he General Assembly
next afterwards chosen, such proposed amendment or
amena ments ehall be agreed to tya majority of the
'simmers elected to each house, the Secretary of the
Commouwealth shall eause the name again to le pub
lished in the manner aforess Id. and such proposed
amendment or amendments shall he submitted to the
qualitild electors of the state in such a insulter, and
at such time, at least three month.' sifter being no
lignite' to by tl.e two hone.,, as tete General Assam
h.y. than presciibe; and if stch amendment or amend
men 'ideal be approved b.. a majority of those vot
ing thereon, ouch amendment or amendments shall
become a pert of the constitution but no amendment
or amendments cent be subtuitti it oftener than once
in live years; oxen two or more amendments shall
be submitted the_ shall ha voted spelt aeplretely
gCHlift (Si
That. no Inconvenience may arise from the changes
In the constiafflon of the Commonwealth, and in
order to carry the same into complete operation.
it is hereby declared that:
SECTION 1. This constitution shall take effect on
the first day of January, in the year one thousand
hundrc , i and seventy-four, forall purposes not
otherwise provided for therein.
sec 2. - 'Ail laws in force is this Commonwealth
at the time if the adoption of this constitution not
inconsistent therewith,and all rights, actions, pros
ecutlons, and contracts shall continue as if this con
stitution had not been adopted
SEC. 2. At the general election In the years one
thousand eight hundred and seventy-four and one
thousand eight hundred and seventy-five Senators
shall be elected In all districts where there shall be
vacancies Those elected in the year one thousand
eight hundred and seventy-four shall serve for two
years, and those electeu in the year one thousand
eight hundred and seventy-five shall serve for one
Year. Senators now elected, and those whoseterms
are unexpired. shall represent the districts In
which they reside until the end of the terms for
which they were elected.
Sec 4. At the general idectlon in the year one
thousami eight hundred and seventy-six, Senators
shall he elected f the even numbered districts
to serve for two years, and front odd numbered dis
tricts to serve for four years
SEC. 5. The first election of Governor under this
caustitution shag he at the general election in the
year one thousand eight hundred and seventy-five,
when • Governor shall be elected for three years;
and the term of the Governor elected in the year
one thousand eight hundred and seventy-eight and
of those thereafter elected shall be for four years,
according to the provisions of this constitution.
SEC. 6. At the general election in the year one
thousand eight hundred and seventy-four a Lieu
roomit Governor shall elected according to the
provisions (if this constitution.
SEc 7. The Secretary of Internal Affairs shall
be elected at the first general election after the
adoption of this constitution: and when the said
officer shall be dilly elected and qualified, the office
of Surveyor General shall be abolisheitand the Sur
veyor General in office at the time of the adnptfen
of this constitution shrill continue in office until the
expiration of the term fur which he was elected.
SEC. 8. when the SuperinPmdent of Public In
struction shall be duly qualthed.the office of Super
intendent of Common Schools shall cease.
... .
SEC. - 9. Nothing contained in thli constitution
shalt be construed to render any person now hold
ing any State office for a first official term ineligibie
for re-electron at the end of such term.
— Sic. 're. The judges of the Supreme Court In of
fice when this constitution shall take effect shall
continue until their coning issions severally expire.
Two judges in addition to the number now compo.
jug the said einirt shall be elected at the first gen
end election after the adoption of this constitu
tion.
SEC. 11 All courts of record and all existing
courts which are not specited in this constitution
shall continue in existence until the first day of De
centber,lu the year one thousand eight hunthed and
seventy-five, without abridgement of their present
jurisdiction, but no longer. The Court of First
Criminal Jut Ltd lotion for the counties of Schuylkill,
Lebanon and Dauphin is hereby abolished; and all
causes and' preccodings pending therein In the
county of Schuylkill shall be tried and disposed of
in tee Courts of Oyer and Terminer and Quarter
Sessions of the Peace of said county.
Sge. 12. The molders' courts now in existence
&tali be abolished on the first day of January next.
succeeding the adoption of this constitution.
SEC. li. The General Assembly shall, at the
next session after the adoptloa of this constitution,
designate the several judicial districts as required
by this constitution. The judges in commis-ion
when such designation shall be made shall continue
daring their unexpired terms judges of the new dis
tricts in whica they reside. But when there shall
be two judges residing in the saute district, the
President inapt shall elect to which district bestial!
be assigned; and theadditional law judge shall be
assigned to the other district.
Sge 14. The general Assembly shall, at the next
succeeding session after each decennial census, and
not oftener. designate the several Judicial districts
as requiced by this constitution.
Sge. 15. Judges learned lit the law of any court
'of record hotline commissions in force at the adop
tion of this constitution shall hold their respective
offices until the expiration of the terms for which
they were commissioned, and until their suceessora
shall be duly qualified • The Governor shall com
mission the president lodge of the Court of First .
Criminal Juriselictlen for the counties of Schuylkill
Lebanon and Dauphin as a judge of the Court of
Common Pleas of Schuylkill county for the unex
pired term of his office.
Sac. 16. After the expiration of the term of any
president judge of any Court of Common Pleas in
coutinlashm at the adopt ion if this coast it ut lon, the
judge of sect) curt learned in the law an oldest In
commission shall be the prealdent judge the d
reoLand
when two or more judges are elected at the same
time in any judicial district they shall decide ny
l o t which shall he president judge; but when Ills
president judge of a court shall be re-elected h
shall continue to he president judge of that court.
, Associate Judges, not. Warned In the law, elected af
ter the adoption of t , Ix coastitutien, shalt be com
utissioned to hold their offices for the term of live
years from the lirstday of January next after their
election.
Sac. 17- The General Assembly at tile first ses
sion after the adoption of this constitution shall fix
and determine the compensation of the, judges of
the Supreme Court and of the judges of the several
Judicial dlsti leis of the Coinnionwealtit, and the
Legislation
of the fifteenth section of the article on
Legislation shall not be deemed inconsistent here.
with. Nothing contained in this constitutinn shall
lie held to reduce the compensation now M any
taw judge of this Cotmoonwealth tow in commis.
sion
Sec. IS. The Courts of Common Pleas In the
comities of Philadelphia and Allegheny shall bo
composed of the president Judges of the district
Court awl Court of Common Pleas of said comities
until their offices shall severally end, and of such
other ;judges as may front time to time be se
lected
For the purpose of first, organization in Phila
delphia thejudges of the Court number one shall
be Judges Allison, Pierce and Paxson; of the Coen
number two, Judges flare. Mitchell and one other
judge to be elected; of the Court number three,
Judges Ludlow. Fir.letter and Lyn& and of the
Court number four. Judges Thayer, Briggs and one
other judge to be elected
Tit:, judge first named shalt be the president
judge of said courts respectively,and thereafter the
wesident judge shall be the judge oldest In coin,
missioa ; but any president judge re-elected in; the'
same court or district shall continue to be president
judge thereof
The additional judges for Courts numbers two
and four shall be voted for and elected at the first
general election after the adoption of this constitu
tion iu the same manner as he two add Menai judg
es of the Supreme Court. and they shall decide by
lot to which court they shall belong. Their term
of office shall commence on the first Monday of
January, In the year one thousand eight hundred
.d seventy. five.
Sze. P. In the county of Allegheny, for the pur
pose of first organizitotn under this constitution,
tile judges of the Court of Common Pleas at the
time of the adoption of this Constitution shall be
Ijudges of the Court number one, .d the judg
es of the District Court at the same date shall be
the Judges of the Common Pleas number two.
The president judges of the Common Pleas and
District Courts shall ,be president judges of wild
Courts number one and two respectively until their
offices vital! end. and thereafter the judge ()iciest In
conunission shall be preshlent judge; but any pres
ident judge re-elected in the same court or district
shall continue to be president judge thereof
Sac. 20. The organization of the Court of Com
m. Pleas. under this constitution for the counties
of Philadelphia and Allegheny. slut' I take effect on
the tirst Monday of January, one thousand eight
hundred and seventy-blue, .d existing courts in
said counties shall continue wi h their present
powers and jurisdiction until that date: but no new
suits shall he instituted in the Courts of Nisi Prim;
after the adoption of this constitution.
SEC 21. Tne causes and proceedings pending in
the Court of Nisi Pelts. Court of Comm. Pleas.
• and District Court in Philadelphia shall he tried
and disposed of in the Court of Common Picas.
'f
he records and dockets of said courts shall be
transferred to the Prothonotary's office of said
county.
STA,. The causes and proceedings pending in
the Court of Common Pleas In the county ef Alle
gheny shall be tried and disposed of in the court
number ours; and the muses and proceedings pend
ing in the District Coon shall be tried and disposed
of in the court number TWO.
SEC. 22. The Prothonotary of the Court of Com.
mon Pleas of Philadelphia shall be first appointed
by the judges of said court on the first Mouday of
December, in the year nue tholes:and eight hundred
and seventy-five: and the present Prothonotary of
the District Court in said county shall be the Pro
thonotary of the said Court of Common Pleas until
said date. when leis commission shall expire, and
the present Clerk of the Court of Oyer and Terminer
and Quarter Sessiens of the Peace in Philadelphia
shall be the clerk of such court until the expiration
of his present commission on the first Monday of
NO. 46.
December In the year one thousand eight hundred
and seventy-five
Sao. 24. In cities containing over fifty thousand
inhabitants (except Philadelphia) all aldermen in
office at the time of the adoption of this constitution
shall continue in office until the expiration of their
commissions, and at the election for city and ward
officers in the year one thousand eight hundred and
seventy. live one alderman shah be elected In each
Ward, as provided in this constitution.
see 25. In Philadelphia inagistrates In lien of
a'rit rm.], shall be chosen as required la this consti
tution at the election in said city for city and ward
officers in the year one thousand eight hundred and
seventy-five; their term of office shall commence on
the first Monday et April succeeding their eke
t lon.
The terms of once of aldermen in said city, hold•
inn or entitled to commissions at the time of the
adorolon of this constitution shall hot be affected
thereby
_ . . _
Sae. Y 6. All persons in offiee in this Common
wealth at the time of the adoption of this constitu
tion, and at the first election under. It, shall hold
their respective offices until the term for which they
have been elected or appointed shall expire and un
til their successors shall be duly qualified, unless
otherwise provided In this constitution
SEC. 27. The seventh article of this constitution
prescribingan oath of office, shall take effect on,
and after the first day of January, one thousand
eight hundred and seventy-five.
SEC. 28. The tsrms of office of county comnik.
stoners and county midi ors chosen prior to the year
ore thousand eight hundred and seventy-five, which
shall not have expired before the first Monday of
January, in the year one thousand eight hundred
and seventy-six, shall expire on that day.
Slrc. 9. All State, county, city, ward, borough.
and township officers in office at the time of the
adoption of this constitution. whose compensation
Is not provided for by salaries alone, shall continue
to receive the compensation allowed them by law
until the expiration of their respective terms of of
fice.
SEC. 30. All State and Judicial officers heretofore
elected. sworn.affirmed, or in office when this con
stitution shall take effect, shall severally, within one
month after such adoption, take and subscribe an
oath (or aMrmattion) to support this constitution.
SEC. 31. The General Assembly, at its first se,
sion. or as soon as may be after tile adop tipn of this
constitution,shall pass such laws as may be neces
sary to carry the same into full f orltand effect.
S - ec. 32. The ordinance passed by this conven-
Nom entitled "an ordinance for submitting the
amended constitution of Pennsylvania to a vote of
the electors thereof," shallbe held to be valid for all
the purposes thereof.
Sec. at The words "County Commissioners: '
wherever used in this constitution, and in any ordi
nance accompanying the same, shall be held to in
clude the Commissioners for the city of Philadel
phia.
Adopted at Philadelphia, on the third day of No
vember, in the year of our Lord one thousand eight
hundred and seventy-three.
OFFICE OF
SECEETART OF THE COMMONWEALTH.
imunsinTia:, Nov. 13, 1873. )
1 certify that to foregoing is a correct cony of the,
new Constitiation._proposed to the people of the
Commonwealth of Pennsylvania. for their approval
or rejection. as the same appears of record in this
office. M. 8. QUAY.
Secretary of dOiniiioli
AN ORDINANCE
FOR SUBMITTING TILE AMENDED
VOTE OP THE QUALIFIED
PENNSYLVANIA TO A
ELECTORS TIIEREOP, AS PASSED SECOND RIADING.
Be it ordained by the thnstitutional Gonvention of
the Contntonwecdth of Pennsylvania, as follows:
I. That the amended constitution prepared by
this convention, be submitted to tne qualified elec
tors of the Commonwealth for their adoption or re•
jection, at an election to be held on the third Tues
day of Deceinber next :except as hereinafter ordered
and directed- the said election shall be held and con
ducted by the regular election officers in the several
election districts throughout the Commonwealth,
under all the regulations and provisions of existing
laws relating to general elections: and the sheriffs
of the several counties shall glee at least twenty
days notice of said election by proclamation.
2 The secretary Lathe Commonwealth shall, at
least twenty days before the said election. furnish to
the Commissioners of each county, a sufficient num
ber of properly prepared circulars of it.structions.—
The commissioners of the several counties shall
cause to be printed at least thtee times as many bal
lots of affirmative votes as thereare voters in each
county—and the same soother of negative votes:
and the said commissioners shall, at least live days
before said election, cause tube fairly distributed to
the several election districts in their respective
counties, tile said ballots, tally-lists, returns cirett
lars of iustruetions, and such other books and pa
pers as may be necessary The ballots shall he
printed or written in the following form: on the
outside the mortis "New Constitution," in the in
side for all persons giving affirmative vo t es the
words: "For the New Constitution," and for all
persons giving negative votes the words -Against
the New Constitution.'
3. If It shall appear that a majority of the votes
polled are for the new Constitution. then it shall be
the constitution (tithe Commonwealth of Peunsyt
van aon and after the first day of January, in the
year of our Lord one thousand eight hundred and
seventy-four; but if it shall appear that a majority
of the votes polled were apliast the new constitu
tion, then it shall be rejected and be milt and
void.
4. Five Commissioners of Election, viz: Edwin H.
Fitter. Edward itrowuing.John P. Verree, Henry
S. Hagert, and John 0. James, are hereby appoint
ed by thiseonvention. who shall have direction of
the election upon this amended constitution In the
city of Philadelphia The said connotssioners Mall
be duly sworn or affirmed to perform their duties
with impartiality and fidelity. They shall alsd have
power to MI vacancies in their own number.. It
shall be the duty of said commissioners. or a ma
jority of them and they shall have authority to mane
a registration of voters for the several election di
visions of said city, and to furnish the listsno made
to the election officers of eachprecinct or division;
to distribute the tickets for said eitypeovkled for by
this ordinance to be used at the election; to ap
point ajudge and two inspectors for each e!eetion
division, by whom the election therein shall be held
and conducted, and to give all necessary Instruc
tions to the election officers regarding their duties
In holding the election and in making returns there
of. No person shall servo as an election officer
who would be disqualified under Section 55 Arti
cle F, of the new constitution- The general retorts
of the election In the.eald city shall be opened.eom
ptVed and certified before the said commissioners,
and with their approval—which approval shall be
endorsed upon the return. They shall make re
port . tlirected to the president of this conventlon,of
their official action under this ordinance and con
cerning the conduct of the said election within the
said city.
The judges and inspectors aforesaid shall con
duct the election in all respects conformably to the
general election laws of this Commonwealth. and
with like powers and duties to those of ordinary
election officers F.:8811 inspector shall appoint one
clerk to assist the hoard ig the performance at Its
duties, and all the election officers shall be duly
sworn or affirmed according to law , and shall
sess all the qualifications required by law of e fee
-1 lion officers In this commouwealth. M said eke
thou a.ty duly qualified elector who shall' be unreg
istered shall be permitted to vote upon making
proof of his right to the election °niers, according
to the general eleeth. laws of this Commonwealth.
Return inspectors and their clerks and an hourly
count of the votes shall be dispensed with, but over
, seers of election may be selected for any precinct by
wild election commissioners, whose duties and pow.
ors shall be the same as those of overseers of elec
tion in said city under existine election laws aeon.
cable thereto. Returns of the election shell he
made In said city as In the case of an eleetion for
Governor. but a tr iplicate general return for. said
city shall be made out and - forwarded to the pres
ident of this conventioaat Harrisburg. as is bereiu.
after provided in case of eeunty returns
5. 1 u each of the (tenni im of the Ucimmanwea
(except Philadelphia.) the returns of the election
shall he made a.s 'nine case of an election for Gov.
enter, but the return judges in each county shall
make out a triplicate county return and transmit
the same, within five days after the election...direct
ed to the president of this convention. at Jalarrb
burg.
Hone in convention this Third day of November.
In the year of our Lord, one thousand eight hundred
and seventy-three. - •
.IN.U. H. VALKFIf. Presf4ent.
D. L. IMBEIg. Clerk.
A trim co{ .y of Ordinance of submission.
At. M. QUAY,
Secretary of the Cbmintinirealth.
REMEMBER
THE THIRD OF DECEDLBER.
Those who propese investing, (and whodoesnotf)
in tickets for the
FOURTII GRAND GIFT CONCERT
PUBLIC LIBRARY or KENTUCKY
Which comes oil in 'Atli/0,1:1c on tho 3d of Hi
cerubor next, hove no time to lose.
ONLY 60,000 TICKETS
Hare neon issued, and
.1:2.000 CA 811 GIFTS,
Amounting to
01,500,000.
WILL BE DISiItIB LITED AS FOLLOWS
LIST OF OLPTS
One GrandSik 4 2 5 ,0 00
One Grand Gmh Gift....
Grand (a,ll
One
One finial Utah Gift.
. _
17,500
one Grand CLLth Gift.
1U Ca , h Gifts $14410 , each
_
30 Crsh Gifts 6.0 G) 150,000
So Cash GUIs 10,000 60,000
U Cx•ls Gifts 600 each 40,000
_ ,
- - --..... ... .
1W Cash Gifts 4O welt.
150 (NA Gifts 3041 each.
250 Caeh Wits 200 each • b 4 ,00M
325 Cosh Gifts 100 each 42,500
11,000 Cash Gins 50 „ „„„ &WOO°
WHOLE TICKETS, $5O. COUPCII.I3,( Tenth.) tr•
ELEVEN TICKETS FOR t5OO.
For tickets or information, address
THOS. S. BRAMLERTB,
Agent Public Library Kentucky, LouisvilM, Ky.,
THOS. 11. HATS d CO.,
607 Broadway, N. Y.
Nov.s-41.
DR GARVIN'S ELIXIR OF TAR.
It is recommended by regular Medical pray.
ti,100.071 and a speedy rare guaranteed for Colcht, Cough,
Catarrh, Aohnia.Broneliiti, Spitting Blood, Oolurtiniption
and all Poinamonary Scrota*, ilryeipolae,
Dyspepola and tiot. Dysentery, Choleraludibita, Cholera
and all liver and bowel complaints. Kidney dice .e and
all affect ions of the Vrina Urga..—peripeny
free from Mmeral or Alcoholic proportieg—Ricyailt to
take and never known to fait—Price gib. per bottb: Full
particulars with medical testimony and- perKleptersest
on application. Address, L. F. HYDE - ICW., 195 Seventh
Arcane, New York. ' • •