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 Corn
montvea2:A, 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 Cuatinnuwealth of Penneylvania,
grateful to Almighty God for the blessings of civil and re
ligions liberty, and humbly invoking 11. guidance, do or
dain and establish this Constitution.
ARTICLE 1.
DECLAIIATION OP RIGHTS.
That the general, groat, and essential principles of lib
erty and free pvernment may be recognized and uualters
ab:y entablisted, we declare that
S.lcrtos 1. All main are born equally free and indepen
dent, and have certain' inherent awl indefeasible rights,
!among which are those of enjoying and defending life and
liberty, of acquiring, posseseing; and protecting property
and reputation., and of pursuing their own happiness.
Sec. 9. All power is inherent in the people, and ail free
governments are funded on their authority and instituted
for their peace, safe y and happiness. For the advance
ment attics° coin they have at all finnan an inalienable
and indefeasible right to alter, reform, or abolish their
government in such manner es:they may think proper.
hoc. 3. All men have a natural and indefeasible right to
worship Almighty God according to the dictates of their
own conseience;; no min imit of right be compelled to at
tend, erect or suppart ainy place of worship. or to maintain
any ministry against his consent; no human authority
rain, in any cane whatever, control or inter.ere with tits
rights of conscience, and no preference shall ever be given
by law to any religious establishments or modes of wor
ship.
Sec. S. No person who acknowledges the being of a God,
and a future sMte of rewards and punishment , shall, on
account Cl his religions sentiments, be disqualified to hold
any Milne or place of trust or profit under this Common
wealth.
See. 5. Elections shall be free and equal ; and no power,
civil or military, shall a anY time interfere 0 prevent the
free exercise of the right or sothu g o.
S. G. Trial by jury shall be as heretofore, and tha right
thereof ',main Inviolate. .
Sze. 7. The piloting press shall be free to every person
who may undertake to examine the proceedings of the
Legishitare or any branch of government, and uo
law shall ever be made to restrain the right thereof. The
free communication or thoughts and opinions I. one of the
invaluable rights of MALL, Ilia every citizen may
freely speak, write, and print on anysubject, being respoti
eible for the alone of that liberty. No coma:thin shall be
had in any prosecution for the publication cf papers re
lating to the official conduct of officers or men in public
capacity, or to any other matter proper tor public iuvesti
gation or Information, where the fact that ouch publica
tion was not maliciously or negligeatly made Anil he es
tablished to the satistaction of the jury; and in all indict
mcnts for libels thejuty shall have the right to determine
the law and the facia, under the direction of the coma, as
in other cases.
Sec. S. The people shall be Atmore In (bele persons,
houses, papers, and posses oils, from unreasonable 'marches
end seizures, and no warrant to search any place or to
seize any person or things, shall issue without describing
them as nearly as may be, nor without probable cause,
eupported by oath or affirmation, subscribed to by the
SEC. 9. in all criminal prosecutions, the accused Lath
right to be heard by himself and his counsel, to demand
the nature and cause of the accusation against him, to
meet the witnesses face to face to have compulsory pro
ems fur obtaining witnesses in his favor, and en prosecu
tions by ludic' ment or biformation, a speedy public trial
by an impartial jut . ) , of the vicinage ; he cannot be com
pelled to glee evidence against himself, nor can he be de
prived of his life, liberty. or properly, muleas by thejudg
tnent of his peers or the law of the land.
Sic. 10. Nu person shall for any indictable offense be
proceeded against criminally. by information, except in
eases arising in the land or naval forces or in ths militia,
when in actual service, in time of war or public danger,
ur by leave of the court, for oppression or misdemeanor
in office. No person shall for the same offence, be twice
put iu jeomtnly of life or limb; nor shall private property
be taken or applied to public use without authority of ton',
and without just compensation beingfirst made orsecured.
Sec. li. All courts shell be open ; and every man for an
injury done him in his lands, goods, person, Or reputation,
shall have remedy by due rescue of law, and right and
ju-tice administered without sate, denial, or delay. Snits
may be brought against the Commonwealth in such man
ner, in mach courts, and insucti as the Legislature
may by law direct
Sue. 12. No power of enspending laws shall be exercised
unless by the Legislature or by its authority.
Sze. 13. Excessive bail shall not be required, nor exces
sive fines imposed, nor cruel punishments inflicted.
Ssc. 14 All prsoners shall be bailable by sufficient
sureties, unless for capital offences, when the proof is evi
dent or presumption great; and the privileze of the writ
of habeas corpus shall not be Suspended, tinlegs when in
case of rebellion or invasion the public safety may require
Sea 15. No commiseion of oyer and terminer or jail de
livery shall be
Sec. 16. person of a debtor, where there is not strong
presumption of (mud, eha I not be continued in prison
after delivering up hie estate for the benefit of his credi
tont, in such manner as shall be prescribed by law.
SEC. 17. No ...P.../t4C2O 111 M, nor any late impairing the
onligation of contracts, or malting irrevocable any grant
special privileges or im 1111 l niti e , shall be payed.
800. 18. No pereon ehall be attaintxdot treason or felony
by the Legislature.
Sec. 19. No attainder shall work eorruption of blood,
nor, except during the life of the offender, forfeiture of es
tate to the Osiutuonwiralth; the estate of such persons es
shall destroy their own rives shall dasceml or vest as in
woes of natural death, end if any person owl bs killed
by casualty, there shall he no forfeiture by reason thereof.
Sec. 20. The citizens have a right in a peaceable manner
to miserable together for their common good. and to apply
to those invested with the powers of government for re
tiree. of grievances or other proper purposes, by petition,
address or rentonArance.
Sic. 21. The tight of oitixens to bear arms in defense of
themselves and the State shall not be queationeal.
Sac. 22. No standing army shall, in time of peace, be
kept tip without the consent of the Legislature and
the military shall in all cses, and at all times, be in strict
subordination to the cavil power.
Sac. 23. No soldier shall in time of peace be quartered in
any ha use without the consent of the owner, nor in time
of war but in a manner to be prescribed by law.
Sac. 21. The Legislature shall not grant any title
of nobility or hereditary distinction, nor create any °Moe,
the appointment to which shall be for a lunge: term than
during good behavior.
SEc. 25. Emigration from the State shall not be prohib
ited.
8.. 26. To guard against tninsgreasious of the high
powers which we have delegated, we declare
_that every
thiag in tins article is excepted oat of hr general powers
of government, and shall forever remote inviolate.
ARTICLE 11.
%settee 1. The legislative power of this Commonwealth s
shall be vested in a Camelia Assembly, which shah consist
of a Senate told a liaise of Reprcoentatives.
Sae- 2. Members of the General Assembly shall be chi,
sea et the geuenal election every second year. Their I
term of services shalt begin on the Bret day of December
text after their election. Whenever a vacancy shall occur
in either Ileum the prodding officer thereof shall issue a
writ (detection to fill such vacancy for the remainder of
tan tram.
SEC. 3. Senators shall be elected for the term of four
years and Representatives for the term of two years.
Sze. 4. The General Assetubly stall meet at 12 o'clock
noon, on the first Taoist.toy of January every second year,
end at other I lines when convened by the Governor, bet 1
shall hold no adjonniesl annual menden alter the year 181 S.
in case of a vac see in the office of United Mates Senator
from this Commonwealth, in a recess between sessions, the I
alsvernor shall convene the two houses bi proclamation
on notice not exceeding sixty days to fill the same.
Sze. 5. Senators shedl be at tenet twenty-five years of
age, and Representatives twenty-one years of nee. They
shall have been citizens and inhabitants of the State four
years. and inhabitants of their respective districts one year
next betore their election (unless Moen% on the public
busiesss of the United States or of this State), and shall
reside in their respective districts dining their terms of
Sec. 6. No Senator or Representative shall . during the
time for which he shall have been elected, be appointed
to any doll office under this Commonwealth, and no
member of Congress or other person holding any office
(except of attoreey-attain or in the militia) under the
United States or this unnsonwealth shell be a member of
either house during ber contain:Luce in office.
Sec. 7. No person hereafter convicted of embezzlement
at public moneys, bribery, perjury. or other Jerome..
crime, shall be eligible to the Geueiul Assembly or capa
ble of holding any office of trust ur profit in this Conn
monwoilt.h.
Sze. S. The members of the Oeneml Aseembly shall re
ceive such salary and mileage for regular and special ero
sions as shall be fixed by law, and no other compensation
whatever, whether for service upon committee or other
wise. No member of either house obeli, during the term
for which lie may have lawn elected, receive any increase
of salary, or mileage, under any Into passed during such
term.
Esc. 9. The Senate shall, at the beginning and close of
teeth regular isessien, and at such other times as may be
necessary, elect one of its members president pro tempura
whit shall perform the duties of the Lieutenant Governor,
in any ease of absence or disabtlity of that officer, and
whenever the said (Alice of Lieutenant Governor shall be
vacant The Hones of itepreeentatives shall elect out of its
members as Speaker. Each lieuse shall choose It, other
officer% sad shall judge of the election and qualification of
its members.
Snc. lit. A majority of each lionse shall constitute
quorum. but a timelier number may adjourn from day to
day, twirl compel the attendance of absent members.
SEC. 11. Each home shall have power to determine the
rules 01 its proceolinge and punish its members or other
per.ems far contempt or d ieord xly [wheeler iu its presence,
Li enforce obedience to its Kisco, to protect its members
against violence, or offers of bribes or private solicitation,
and with the concurrence of two-thiros, to expel a mem
ber, but nut a second time for the Came canoe, and titian
have all other p swors iteriewary for the leglelature of a
free State. A member expelled for corruption shall not
therotfter be eligitle to either house, and punitishinent
for contempt or disorderly behavior shill not bar an in
dictment fir the seine offence.
Sao. 13. Etch hone shall keep a jenrnal of its proceed
ings and from time to time publi-lt the sane, except such
parts as require secrecy, and the yeas end nays of the mem
bers on any question shall, at the desire of any two of
them, be entered on thejourual.
Sao 13. the resslons of each haute and of committees of
the whole shall be open, unless when the busine. is such
us ought to be kept secret.
Sac. 14. Neither house shall. without the consent of the
other, adjiinrn for more than three days, nor to any other
place than that in which the two henses shall be sitting.
toe. 15. The members of the Osmanli Aesembly shall in
all eaves, except trenton, felony, violation of their oath of
Mace, and breach or enrety of the peace, be privileged from
arrest dnring their attendee.e at the seeskeis of their re
epective hens., and in golag to and retarniug from the
sums ; and for any speech or debate in either house, they
ghatl not be questioned in any other place.
Sec. 16. The State shalt be divided into fifty Senatorial
elietricts of compact and coutiguoue territory, as nearly
equal in population as may he, and each district shall be
entitled to elect one Senator. Each county containieg one
ass more rn ion of populataen Ethan lie entitled to onn Sena
tor for each ratio, and to an additional *uder fora ettr-
Plos of Ileseulat ion exceeding three-fifths of a retie ; but no
County shall farm a separate district unless it shall con
tain tier-fifths of a ratio. except where the adjoiningeonto
ties are each entitled to one or more Senators, when euch,
comity may tee assigned a Senator or lone than fear fifths
and exceeding one-half of a. ratio, and no county that' be
devide.l unliys entitled to two. or mere Semite.. No city
or county shall be entitled to separate representatien ex
ceeding one-sixth of the whole number of Senate.. No
ward, borough, toWnship ahtll be divided in the fel nut
tion of a district. The Senatorial ratiro shall be ascer
tained by dividing the population of the State by the num
her fifty.
See. 17. The members of the Hellas of Repregenaticee
111
he Huntinadon our at
shall be apportioned along the several counties, on a ra
tio obtained by dividing the population of the State ascer
tained by the most recent Enited States census by two
hundred. Every county containing less than five ratios
shall have one tepresentative for every fell ratio, and an
additional representative when the surplus exceeds half
ratio ; but each county shill: have at least one representa
tive, Every county containing five ratios or more shall
have one representative fur every full ratio. Every city
containing a population equa Ito a ratio shall elect sepa
rately its proportion of the representatives allotted to the
county in which it is located. Every city entitled tomore
than four representatives, and every county having over
one hundred thousand inhabibints, shall be d ivided into
districts of compact and contiguous territory, each dis
trict to elect In proportion of representatives according to
its population, but uo district shall elect more than four
representatives.
Scc. 10. The General Assembly at its first session after
the adoption of this constitution, and immediately after
each Jailed States deceun lel census, shall apportion the
State into S natorial and Representative diitricts agreea
bly to the provisions of the two next proceeding sections.
ARTICLE 111.
Swat. 1. No law shall be passed except by bill, and no
bill shall be so altered or amended on its passage t h rough
either house as to change its original purpose.
No bill shall bn considered unless referred to a
committee, returned therefrom, and primed for the Etc of
the member.,.
Sec. a. No bid, except general appropriation bills, shall
be named, coutaining mere than one subject, which shall
be clearly expressed in its title.
Sec. 4. Leery bill shall be read at length on three differ
ent days in each house; all amendments made thereto
shall be printed far the use of the me - nbem bethre the final
vote is taken on the bill, and no bill shall become a law
un less on its final ',strange the vote be taken by yeas and
nays, the names of the penmen voting for and against the
fume he entered on the journal, and a m tjor.ty orthe mem
hers elected to each house be recorded thereon as voting in
its favor.
Sac 5. No amendment to dills by one house shall be
concurred in by the other, except by the vote of a majori
ty of the menthes's elected thereto, taken by yeas and nos,
and the names of those voting far and against recorded
upon the journal thereof: and reports of committees of
conference shall be adopted in either house only •by the
vote of a majority of the menthols elected thereto, Mkeu by
yam and nays, and the names of those voting recorded
upon the journal.
Scc ti. Sc law shall be revived, amended, or the provi
sions thereof extended or conferred by reference to its title
only, but .1 much thereat as is re: ived, amended, extrud
ed, or conferred, shall re-eeacsed n.,sl published at length.
Sec. 7. The General Assembly shall not pu,s .y loyal or
special law :
Authorizing the creation, extension or impairing of
I lens;
Regulating the affairs of counties, cities, town.lps,
wards, boroughs, or school districts ;
,
Changing the names of persons or places.
Changing the venue in civil or criminal ca-cc;
Authorizing the laying out, opening, altering, or main
taining hauls, highways, streets, or alleys ;
Relating to ferries or bridges, or inctirporating ferry or
bridge cmizinies, except for the erection of bridges cross
ing strewms which form boundaries between this and any
other State;
Vacating roads, town plats, streets or alleys ;
Relating to cemeterio, graveyards or public grounds not
of the State;
Authorizing the adortion or legitimation of children ;
Locating or changing county seats, erecting new coun
ties or changing county lines ;
Incorporating cities, towns, or villages, orchanging their
charters;
For the opening end conducting of elections, or fixing or
changing the place or voting;
--- Granting di;urces ;
Erecting new townships or boroughs, changing town
ship hues, borough limits, or schools districts;
Creating offices, or prescribing the powers and duties of
officers to counties, cities, boroughs, townships, election or
schools districts ;
V- Changing the
law. of descent or euccemion ;
Regulating the practice or jai rielictiou of, or changing
the rules of evidence in any judicial proceediug or inquiry
before courts, aldermen, justice. at the Imam, sheriffa,
commissioner., arbitrators, auditor's, masters in chancery,
or other tribunals. or proofing or changing methods fur
the collection of debts, or the enforcing of judgments, or
prescribing the effect of judicial toles of mil estate •
egulming the fees, or extending the powers and duties
of aldermen: justices of the pence, magetratte, or consta
ble-e •
Regulating the management of public scheole, the build
ing or repairing of tichool houses, and tan raising of money
fur such peepers;
Fixing t h e rate of interest ;
Affecting the estate of minors or persons under disabili
ty, except al er due notice to all parties in interest, to be
recited in the special enactment ;
Remitting fines, penalties and forfeitures, or refunding
moneys legally paid into the Treasury;
Exempting property from taxation ;
ltegulasing labor, trade, mining, or nianufacturing ;
Cromang corporation. or amending, renewing, or extend
ing the charters thereof';
Granting tu any corporation, association or individu
al any special or exclusive pravilege or immunity ; or
To any corporation essucmtion or individual the right
to lay down a railrua:l track. 'Nor shall the General As
eemoly indirectly enact such special or local law by the
partial repeal of a grneml law, but laws repealing local or
special nets may be pasted. Nor shall any law lie passed
grouting pewees or privileges in any case where the vont
leg uf such powers end privileges shall have been tumided
for by general laws nor where the courts have jurisdiction
to grunt the name or give the relief asked fn . .
See. 8. No local or special bill shell be lamed milsrs no
tice ut the intention to apply therefor ehall have been
published iu the locality where the matt r or the thing to be
effected way be situated, which notice shall he at least
thirty days pour to the introdue ion into the General As
sembly Mauch bill, arid in the manner to be provided by
law • the evidence of such notice having been published,
shall be exhibited in the General Ag,eMbly before such
act shall he Famed.
The presiding officer of each house .halt, In the
presence of the house over which be presides, sign all
bills and joint resolutiont pruned by thetimeral Assembly,
after their titles have been publicly read immediately be
fore signing, and the fact of signing shall be entered on
the journal.
Sic. to. The General Assembly shall prescribe by law
the number, dutim, and compensation of the officers and
employees of each house, and no payment shall be made
from the State Treasury, ur be in any way authorized to
my person,except to an acting officer or employ. elected
or appointd in pursuance of law.
SEC. 11. No bill Anil be passed giving any extra com
pensation to any public officer, servant employee, agent,
ur contractor, after 'orrice. shall have 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 stationery, printing, paper, and fuel used
in the legislative and setter departments of government
shall be turnished, and the printing, binding, and distrib
uting of the laws, journal., department reports, and all
other printing and binding, and the repairing and furn
idling the halls and rootms used for the meetings of the
General Assembly and its committees, shall be performed
under contra., to be given to the lowed reeponsible bid
der below such maximum price and under each resides
tious as shall be prescribed by law ; no member ur Milker
of any department of the government shall he in any way
interested in such contracts, and all each mntracte vitall
he subject to the approval of the Governor, Auditor Gen
eral and State Treasurer.
Sm. 13. No law shall extend the term of any public
officer, or increase or diminish his salary or emolumeete
after his election or appointment.
SEC. 14. AR bills fur raising cayenne shall originate In
the House of Repreeentatives, but the Senate may pro
pose amendments as in other bills,
SEC. 15. The general appospriation bill shall embrace
nothing but appropriations fur the ordinary expense. of
the executive, legislative and judicial departmeute of the
Commonwealth, interest en the public debt, and for pub
lie schools • all other appropriations; shall be made by
separate bill, each embractug but one subject.
SEC. 16. No money .1.11 be told out of the Treasury
except upon appropriatione made by law and on warrant
drawn by the proper offfmr in pursuance thereof.
Ste. 17. No appropriation shall be made to any charita
ble or educational institution net under the alsolute con
trol of the Commonwealth, other than normal echuols es
tablished by law far the professional training of teacher.
for the ',MSc ...eels of the Style, except by a vote of
two-thirds of all the members elected to each
SEC. 18. No appropriations (except for pensions or grat
['him for military services) shall be made for charitable,
educational or benevolent purposes, to any person or com
munity, nor to soy denominational or seensrian institution,
corporation or amociatiou.
Ste. la. The General Assembly may make appropria•
.ions of money to institutions wherein the widows of sol
diers are !supported or assisted or the orplums of soldiers
are nil ntaimd and educated; hut each approprietions
shall be applied exclueively to inn support of such widows
and orphan..
Sec. 20. The General Assembly shall not delegate to
any special commiseion, private corporation orassociation,
any power to make, superviee or interfere with any muni
cipal improvement, money property, or effects, whether
held in trust or nth ur to levy ta.m, or perform any
municipal function whatever.
Sac. 21. No art of the General Amembly slutll limit the
amount to be recovered fur injuries resulting in death, or
fur injuries to perilous or property, and iu case of death
from such Mimi., the right of action shall survive, and
the General Assembly shall preteribe for whose benefit
each actions shall be pmseented ; no act shall prescribe
any limitations of time within which's.ts may be brought
aptinnt corpomtions for injuries to persons or prhperty,
or for other cameo different front those fixed by general
laws regulating odious against natural persons, and such
acts now existing are avoided.
San 22. Nu net of the General Aseembly shall authorize
the investment of trust funds by executors, administrator's,
guardian., or ether trustees, In the bendier stook of any
private corporation. and mob acts new existiug are avoid
ed, saving investmeute heretofore made.
See. Rl. Ths power to change the venue in civil and
criminal cases Khali be vestal in the courts, to Leman...Ll
in each manner ale shall be provided by law.
SEC. e 4. No obligation or liability of any mile)ad or
other corpotution, held or owned by the Commonwealth,
shall ever be exchanged, transferred, remitted, pontponed,
or in any way diminished by the General Amiably, nor
shall such liability or obligation be released, except by
payment thereat into tint State Treasury.
SEC. 25. When the General Assembly shall be convened
in RtiOrial eesefon. there shall be no legislation upon sub
joets other than those designated in the proclanuttlon of
the Governor. calling fetch section.
Sec. 20. Every miler. reeolittion, or vote. to which the
miteurrenee of both houses may be 'l6cm:tory (except on
the question of adjournment) shell be presented to the
Governor, and before it shall take effect le approved by
him, or being theapproved, shall be re-passed by twethi gels
of both lions., according to the retest and limitation,' pre
scribed in case of a bill.
One. 07. No State office ehall he continued or created for
the inspection no measuring of any merchandise manu
facture, ur commodity, but any county or munieipality
Ince appoint such officers when authorized by law.
SEC. 28. No law changing the locality of the capital of
the State shall be valid until the same shall Moe hem
submitted to the qualified eleetors of the Commonwealth
at a gemml election. and ratified and approved by them.
See. 20. A member of the General Amenably who .hall
solicit, demand, or receive, or consent to receive, directly
ur indirectly. for himself or for another, from any compa
ny, corporation, or pesos, any nottney,offic,appointme4c,
employment, tentimunitil, reward, thing of value or en
joyment. or of pommel advantage on promise thereof, for
his vale ur official inane:ice, or tor withholding the
or with an understanding, expremed or imnlied, thet hats
rote or official action than be in any way influenced there
by, or who shall solicit or demand any noel' money or
other advantage. matter, or thing aforesaid for another ' as
the consideration of hie vote or official influence or for
withholding the mine, or shall give or withhold his vote
or influence in consideration of the payment or morello of
such money, rulmntage, matter, or thing to another, shall
be held guilty of bribery within the meaning of this Con
stitution, and shall incur the disabilities provided Moiety
for said offence; and much additional punishment as is or
shall be provided by bee.
Soc. :10. Any pereon who !shall, directly or indirectly,
off r,
_give,or promise any money, or thing of mine, testi
ethfiltd• Privilege, ale personal adouthige, to any executive
or judicial officer or member of the General kmembly, to
intl.., him in the perfornutnce of any of his pubhe or
official duties, shall be guilty of bribery, and be punished
in such manner as shall be provided by law.
See. 71. The offense of corrupt solicitation of members
of the General Assembly or of public officer. of the State,
or of any municipal division thereof, and any occupation
or practice of solicitation of each members or officers, to
influence their official action, shall be defined by law, and
Audi be punished by fine and imprisonment.
SEC 32. Any person may be compelled to testify in any
lawful investigation or judicial proceeding, ag,ainst any
person who may be charged with having committed the
offense of *eribery or corrupt solicitation, or practices of
solicitation, and shall not be permitted to withhold his tes
timony spots the ground that it may criminate himself or
auldect him to public infamy; bat such testimony alien
nut afterwards be used against hint in any judicial pro
ceeds g, except for perjury to giving atoll tt.tiMolly, and
any person esievicteit of either of the offences aforesaid,
shall, as part of the punishment therefor, be disqualified
from holding any office or position of honor, trust, or pro
fit in this Commonwealth.
SEC. 34. 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 tuernbor, and shall not tote thereon.
ARTICLE IV
Serto?: 1. Th ifixtut!yo Department of thisoinmo.
wealth shall consist of a Governor, Lieutenant Governor,
Secretary of the Commonwealth, Attorney General, Audi
tor General, State Treamt er, Secretary of Internal
and a Superintendent of Public Instruction.
Sec. 2. The supreme executive power shall be vested in
the Go;ernor, who shall take care that the laws I. faith
fully executed ; he shall be chosen ou the day of the gen
el al election by the qualified electors of the Common
wealth, at the placed where they ehall TOW for Represen
tatives. The returns of every election for Governor shall
be sealed up and transmitted to the seat of government,
directed to the President of the Senate, who ehall open
"
and publish them In the presence of the members of both
houses of the Gmiend Assembly. The person hem.: 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. Cminsted elections WWI be determined bye cum
tnittee, to be selected from both litres.. of the General A 0-
sembly, and formed and regulated in such manner as shall
be directed by he.
Sze. 0. Tie Governor shall hold bin OMNI during four
years from the third Tuesday of January next ensuing his
election, mid shall not be eligible to the office for the next
succeeding term.
Sec. 4. A Lieutenant Governor shall be chess r at the
same time,. in the same
. manner, for the same term, and
stibject to the same prov isions as the Governor; he shall
be president of the Senate, but shall have no vote unless
they be equally divided.
Ste. 5. Na penes shall be elegible to the office of Gov,
error or Lieutenant Governor except a citizen of the
United State, who shall have attained the age of thirty
Genre, and have been Selrell years next leveed'', lila elec
tion nu inhabitant of the State, unless he shall 'hove been
absent on the public lilleilleSS of the United etatel or of
this State.
Ss, 6. No member of Congress or person bolding 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 army and navy of the Commonwealth, and of the mil
itia, except when they shall oe called into the act.' ser
vice of he United States.
See. 8. Ile shall nominate, and by and with the advice
and consent of two-thinls of all the members of the Sen
ate, appoint a Secretary of the Commonwealth and an At
torney tlenoral daring pleasure, a Superintendent of Pub
lic Instnictii in for four years, :Ind such other officers of the
Commonwealth as he is or may be authorised 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 during the recess of tin] Senate by gninting com
missions which shall expire at the end of their next ears
On ; he shall have power to Sit any vacancy that may
happen during the recess of the Senate. in the office of
Auditor General, State Treasurer, Secretary of Internal
Affair. or Superintendent of Public Instruction, in a judi
cial office. er In any other elective office which be is or
;;y be iiitliorizodin fill.
If t h e vacancy shall happen during the session of the
Senate. tits Governor shall nominate to the Senate, before
their final adjournment, a proper person to fill :mid va..
(money.
But in any such case of vacancy, in an elective office, a
person shall be chosen to said office at the next general
election, miles the vacancy shall happen within three
calendar months immeibately preceding such election,
which case the election for said office shall be held at the
second succeeding general election.
In acting on Executive nominations, the Senate dialled
with open d00r..., and in confirming or rejecting the nomi
nations of the Governor, the vete thall be taken by yea
and nays, and shall he entered on the journal.
Sec. 9. He shall have power to remit fines and forfeitures,
to grant reprieves. con ll Maons of sentence and pardons,
except in eases of impeachment ; but no pardon shall be
granted, nor sentence commuted except upon the recom
mendation in writing of the Lieutenant 6ovenanr, Secre
tary of the Commonwealth, Attorney General, end Secre
t.). of Internal Affairs. or any three of them, after full
hearing, upon due public notice and in open session, and
each recommendation, with reasons therefor at length,
WWI be recorded and filed in the office of the Secretary of
the Commonwealth.
Sec. 10. He may require information in writing from
the officers of the Executive Department, uponany subject
relating to the duties of their respective offices.
Sec. H. Ile shall, hem time to time. give to the General
Assembly information of the state of the Commonwealth,
and recommend to their consideration mob measur.s an
he may jndoe exisstiont.
Sec. 12. He may, nu extraordinary occasione, convene
the General Assembly, andin age oriliwagreement between
the tom house«, with respect to the time of adjournment,
adjourn them to such time as he shad think proper, not
exceeding four month. Ile eh It have power to convene
the Senate in extraordinary session, by proclamation, for
the transaction ofexecutive bushier.
SEC. 13. lit case of the death, conviction on Impeach
ment. failure to qualify, resignetioo, or other disability o.
the Governor, the powers, du ies, and emoluments of the
office for the remainder of the term, or until the disability
be removed. shall devolve upon the Lieutenant Governor.
SEC. 14. In case of a vacanoy in the office of Lieutenant
Governor, or when the Lieutenant Governor *Mall be im
peached by the douse of Representative.. or shall Le enable
to exercise the dirtier of hie office. the powers, duties, and
emoluments thereof for the remainder of the term, or un
til the disability be removed. shell devolve upon the Pres
ident pro impore, of the Senate; and the Breaded pro
tempura shall in like manner become 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
come Governor, Red shall be filled by election as any
other vacancy in the Senate.
Sec. lb. Every bill which shall have passed both Urine°e
shall be presented to the Governor; if he approve, he shall
sign it; but if he shall not approve, he .hull return it with
his objection. to the house in which it shall have
originated, which House shall enter the objecuons nt
largo upon their journal, and procsixl to re-consider it. If,
Mier each reeineideration, two-thirds of rill the members
elected to that house shall agree to pals the bill, It shall be
sent with the objections to the other house, by which,
likewise, Ballad be reconsidered. and if approved by two
thirds of all the members elected to that house, it shall be
a law ; but in such cases the voters of both houses shall he
determined by yeas and nays, and the nemes of the mem
ber. voting for .d against the bill shall be entered on
the journals of each house respectively. If any bill shall
not be returned by the Governor within ten days after it
shall have been presented to him, dieser. !ball ten law
in like manner as if tee hail signed it, unless theiGeneral
Assembly by their adjournment. prevent its return, in
which Cane it Shall be a law, Univgs be shall file the
same, with his objections, in the office of the Secretary
of the Commonwealth. and give notice thereof by public
proclamation within thirty days of er such adjournment.
Sec. 16. The Governor shell nave poorer to disapprove
of any item or item. of any bill making eppropriations of
money, embracing distinct items, and the part or parts
of the hill approved shall be the law, and the item or
item. of appropriation disapproved shall be void. unless
renamed wording to the rules and limited°te preeribal
fax the pamage of other bills over t' e Executive veto.
See. 17. The Chief Justice of the Supreme Court shall
preside upon the trial of any contested election of Gov
ernor Or Lieutenant Governor, and shall decide mks
thens regarding the admiseability of evidence, and shell,
upon request of the committse, pronounce his Aloha' in
upon other questions of law involved in the trial The
Governor and Lieutenant Governor shall exercise the
desks of their respective officee nutil their etsccereors
shall he duly goal tied.
Sec. It. The Secretary of the Commonwealth shall
keep a record of all official acts and proceedings of the
Governor, and when required lay the same, with ell pa
pers, minutes, and vouchere relating theretn,bethre either
branch of the General Assembly, and perform such other
dutles an may be enjoined upon him by law.
Sec. 19. The Secretary of Internal Affairs shall exer
cise all the powers and perform all the dirties of the
Firrveyor General. subject to such changes as shall be
wade by law. Uhl department shall embrace a Imrean of
industrial atatietlce, and he shall discharge such duties
relating to corporations. to the charitable institntione,
the sgrienltnnal, manufiicturing, mining, mineral, timber,
WWI other material of bueine-s interests of the State an
may be prescribed by lase. Ile shell annually, and at imeh
other timesne may be required by law, make report to the
General Assembly.
cc. 20. Th 3 Superintendent of Public Instrnctirm *hall
exercise all the powers and perform all the duties of the
Superintendent of Common Schools, snbject to each chon
gee as shall be made by
SEC. 21, The term of the Secretary of Internet Affairs
shall be four yearn; of the Auditor General, three yens,
and of the State Tremor re, two year.. These officers shall
bechosen by the gunned electors of the State at general
e k e rione. tie person elected to the office of Auditor Gen
eml or State Treasurer shell be capeble of holding the game
office for two consecutive terms.
Sec 22. The present Great Seal of Pennsylvaniashell be
the seal of the State.
All commission. shall he fn the name and by
authority of the Commonwealth of Pennsylvania, and be
sealed with the State seal and signed by the Ouverner.
ARTICL V
SECTION 1. The judicial power of Ode Commonwealth
shall be vested in the Supreme Court. it . ; coml. Of common
pleas, courts of Dyer and terminerand grueniljail delivery,
courts of quarter sessions of the peace, orphans' rotate,
magistratiee courts, and in snob other revoke as thefien
eral Assembly may from time to time establish.
Sec. 2. The Supreme Gond shall consist of seven judges,
who shall be elected by the qualified electors of the state
at large. They ehall hold their °Meee for the terns of
twenty-one years, if they so long !where them , elves well.
bet shall not be again eligible. The judge whose commie
else shall ,hut expire shall be chief jtatlce, and thereafter
each judge whose commission shall first expire ehall in
turn be chief justice.
Sze. 3. The jurisdiction of the Supreme Court shall ex
tend over the State. and the judges thereofshnli, by virtue
of their office.. Le justices of ever and terminer and gen
eral jail delivery in the several conntiee; they ehall have
anginal juelaliction in awes of injunction, and, where a
corporation is a party defendant, of habeas corpus, of Mall
flames, and to snorts or inferior jurisdiction; and in case
of quo warrant° as to all officers of the Common
wealth whose juri=dietlon extends over the 17440, hot Ir
ll ~
not exercise any Other original jurisdiction : they shell
have appellate jurisdiction by apps certiorari or writ of
error in alines., no ie arty or may hereafter be provided
by law.
Sec. 4. Until otherwise directed by leer, the courts of
common pleas shall amtinue as at present established, ex
cept as herein changed; not more than four counties ehall.
at any time, be included in one judicial district organized
fur said courte.
Sae. 5. Whenever a county shall contain forty thous
and itilinbihuits, it shall constitute separste judirtal dis
trict, and ehall effect one judge 'puree,' In the law; and
the General Assembly shall provide for additional judges,
as the businasa of the said district may require. Counties
containing a population leas then ie sufficient to constitute
separate dietriate ahall be formed into convenient single
districts, or, if necessary, MaY ter ”11,14.04 le contiguolle
districts, no the General As , embly may pmvide. The of
fice of associate judge, not learned in the law, is aboliehed
in countiee terming separate district ; but the neveml as
eociatejudges in office when this constitution what' be
adopted shall serve for their unexpired terms.
Bre. S. In the counties of Philadelphia and Allegheny,
all the jurisdiction and powers now vestal In the District
Courts and Courts of Common Plass, std jest to such
changes as may be made by this constitution or by law,
shall be in Philadelphia vested In four, and In Allegheny
In two distinct and ...pirate courts of equal and co-ordi
nate jurisdiction, composed of throe judees each ; the said
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 Cornelius Pleas number one and number two,
but the number of said sonata nosy be by tw o, ,
but
from time to time, and 'hall be
In like manner designated by nooneslive numbers;
the number of judges in any of wild courts. or in
any county where the establishment of en additional
HUNTINGDON, PA., WEDNESDAY, DECEMBER 3, 1873
court may bo authorized by law, may be increased from
time 10 time; and whenever iamb incnatso simll am not
inilit;l:ole;ii three, such three judses shall compose ail,-
tinct and sepantte court as aforesaid, which shall he num
bered as aforesaid. In Philadelphia add suit, shall he in-
. . . .
ituted in the said Cuitrta o 1 Common Pleas, w.thent
"'iguana!! Iho ntanher of add court, and the several
;.ouTi; Aura distribute and iipportiun the business among
them iu such in:tuner a. sludl be peividei.! by FFlea uY
court, and each Wan tO which may ;Mt shall 17e thus as
signed shall have exclusive jurimErtion thereof, subject
to change of venue, us shall lio provided by I. In
Allegheny each court shall have exclusie•jurisliction of
all proceedings at law and in equity commenced thereto,
subject to change of venue as may be provided IT law.
slEc. 7. For Philadelphia there shall be ono Prothonota
ry's office. and one Prothontary for all ea d courts, to be
appointed by the judges of said conrtri, and to hold office
fir• three years, subject to re weal by a majority of the said
judges; the said Piothonotary shall apimint such assist
ants as may be necebsary and atithorozeti by said courts,
and he and his assistants chill receive fixed salaries, to be
determined by law and plaid by said county; all lees col
lected in said office, except such as may be by law due to
the Commonwealth. paid by the Prothonotary la
.
i..thecounty treasury. Each couri...hall 111.tVe it4SCjara.
docket'', except the judgment docket, which shall mmtain
the judgment-, and Hem of all the utitl courts, as in or may
Ito directed by la,
See. S. The said courts in the mutinies of Philadelphia
and Allegheny re-pemively shall. from time to time, in
. .
r;;letTii! one co! ;non , of their to hid the wort:
of Terminer and the courts of Quarter Sessions
of the Peace of said counties iu such nutntier as mit3 be
directed by Inn' . .
of the Courts of Common Pleas I,rned
the lair sli;;IIbe judge,
itter, Quarter Sesoans of the Peace, and oeneral Jail
Aivery, , and of the Orphan's Court, and within their re
ectice districts shall be justices of the peace as to erind-
LI matters. _
pvlges of the etoirls of Common Pytrlß with•
O their resins:lire comities, shall hove power to issue writs
certiorarilC to pioiticei u. the prime nod other inferior
and to caw; their proceeding to be
brought before them nod right and jugice to be done.
SEC. 11. Except as otherwise provided in this Consti
tution , justices of the iicalie or aldermen blaall be elected
in the several wards. di-trials, boroughs. and townships
at the time of the election al constable., 11 the qua! 'fled
_ .
' "
tieCi:r;illei;of:in such hatuner . din:eted by
law, Awl shall be come' tzeli?‘.l Ly ibei.:orf:rnor ft?' a term
MI elect more than two justices of the peace or alar
m without the co n sent of a majority of the qualified
Niers within such townyhip, ward, or borough; 110 per
il shall be elected M such office unlesr be shall hire
sided within the township, borough, ward, or district for
. .
one year neat proceedinz life electron. In cities cotain•
lug over filly thousand inhabitanta, not more than one al.
Merman shall be elected iu each ward or district.
5t.c.32. In Philadelphia there .111111 be establi,betl, for
each 30,0t0u inhabitants, court not or record, of police
and civil cause% with jurkliction not exceeding one hun
dred dollars; elicit courts shall he held by magistrates
.....
whose term 'of office shall be five vests, Aind thl , y shall
be elected on general ticket by the qualified voters at
Large; and in the electien of the said magistrates, UJ voter
shalt rote for acre than two-thirds or the nattier of re,
' • '
Was to te• elected when more than 0110 are to be clam
m; they ahall be compensated only IT filed salaries, to be
laid by Mid county; and shall exercise such jurfidiction,
•full and criminal, except ao het sin provided, as it now
•xerelsed by aldermen, subject to iamb changes, not in
wiring an illCrell , o of civil jurbdiction or conferring The
Weal duties,. may be made by law. In Philadelphia the
thee of alderman is abolirbril.
. . .
Sr.c.l3. All fees, flues, and penalties in said courts shall
o paid into the county treasury. •
14 In all case, of suinmary conviction In this Can
ionwcalth, or of judgment in suit fur a penalty before a
lagistrate, or court 110 t of reeonl, either party may ap
pal to such court of record as may be pieocribed by law,
pen allowance of the aupellato court ur judge thereof, up
cause shown. . . . . .
SECA, All judges required to too learned in the law,
veept the judges of tho Supreme Court, shall he elected
y die qualified electors of the respeettve over
. hick they are to preside, and shall bold their Mikes f r
ire periml of ten 'ears, if they Khali iv - thing behave them
.lvmt well; but for any reasonable can, which 14 hall nut
e Stiffirierit ground for impeachment, the Governor may
....
remove any of them on tlo:mt.tress of two-thinis of rack
hem. of the Geneml arsembly.
16..Wlieneyr: two judges t..f the SitpreTe
he for the saute - tern servien'enela voter shall
ote for ooe only, a n d when three me to be (lumen, he
11811 Vote for no DV 1 . 1. 111811 IW4. ; mm 1141111 4 ,8 highest in
de shall be declamd elected.
.57r.c. 17. SllOlll.l any two or more judges of the Sop eine
Conn, or any two or more judges of the Court of Common
Pleas for the same district I.e elected at the alum time,
they shall, as soon after the election as convenieot, cast
tots for priority of cotntnission. and certify the result to
the Governor, whj shall issue their commissions in accord
twee therewith.
SEC. 18. The judges of the Supreme Court and the judg
es of the several Courts of Common Pleas, tool all other
judged required to be learned in the law, shall, at stated
times, Wel VP for their services tut 1141.1.11/....101.e118.1ti0n,
_ . . . .
.....
which tdial.l lie fixed by law, and paid by the Watt:. They
shall receive no Other CollUlenSalioll, re, or perrynisitea of
Office tier their serviced fr«in any source, nur bat
eddy other °nice of profit under the United States, this State
or any other State.
Sec. 19. The judges of the Supreme Court, during their
continuance in odder, shall reside within thie Common
wealth ; and the otherjetelgos during their couutinuance
in Mike, than reside within the district for which they
shall be respectively elected.
Sr.o. •19. The several Courts or Common Pleas, beside,
the powers herein conferred, than have and exercise with
in their reniective distrkts, subject to such changes as
may be made by law, ends chancery powers as me
now vested by law in the several Courtsof Common Pleas
of tide Cimino...lth, or as may hens fter be conferred
upon them by law.
SEC. 21. No duties shall be imposed by law upon the Su
preme! Court or ant f the judges the, eof, except curb as
are judicial, nor 'Mall any of the judges thereof exercise
any Power of appointment, except herein provided. Ihe
Court of Nisi Prow id hereby abolished, and no court ot
originaljuriscliction to be pre idyll over by any one or
more of the judges of the Supreme Court ellen be estab
lielied.
' • "
In every county wherein the population shall
exceed one hundred and fifty thousand the General Assem
bly and in any other county may, establish a sep
arate Orphans' Court. to us iet of one or more judges
who shall be learned in the law, which oourt shall exer
cise all the jnrisilletion and powers now wasted in, or
which may hereafter b• conferred upon, the Orphans'
Course, and the. caper the jurisdiction of the judges of
the Court of Lommon Pleas within such county, in Or
phans' Court proceedinmi, shall cease and determine. in
any county in which a sepanite Orphitilif Court shall be
establishwl the Register of Wills shall be clerk of such
Court, and subject to its direction its all midterm pertaining
to bin office, he may appoint assistant clerks, bntonly with
the consent and approval of said cane[. All accounts tiled
with him as register or ns clerk of the said separate Or
phans' Court ahall be audited by the Court witbout ex
pense tee parties, except where all parties in lutenist in a
pending proceeding shall nominate an auditor whom the
court may. in its discrotion, appoint. In every county
Orphans' Conrts shall possesse all the powere and juraidiw
Lion of a Register's Court, and separate Registers' Courte
Wio hereby 7tboliuhed.
Sm.. The style of all proem. shall be "The Common
wealth of Petinrylvaniii." All prosecutions *hall be car
ried on in tee name and by the authority of the Common
wealth of Pennsylvania, and ...miriade agninst the peace
and dignity of the ann..
Svc. 24. In all elves of fol ' en homicide, and in mach
other criminal casen as may be Kochi d fur by law, the ac
cused, after conviction and sentence. may remove the in
dictment, records, and all proceedings to the Supremo
Court for r,iew.
Bre. 25. Any vacancy happening I.y death, redgnation.
or otherwise, in any mitrt of renal% eha II be Mad by an-
Isfititment by the Governor, to continue till the first Mon
day of Jannery next succeeding the find Winn] election.
which shall occur three or more months after the happen
ing of melt vacancy.
tier. 26. All laws relating to courts shall be central and
of uelform operation. and the organization, Jurisdic
tion, and power+ of all courts of the tune Mask or grade, no
far as regulated by law. and the force and effect ot th
moikens and judgments of such courts shall he uniform;
and the General Assembly is hereby prohibited felon tre
ating other courts to exercise the powers vested by ibis
constitution in the Judges of the Court of COIIIIIII I II Pleas
and Orphan.' Courts.
Sue. 27. The parties, by agreement flied, may, in any
civil coos, dispense with trial by jury, and submit the
dechion of nuch case to the court booingjurindlction then
of, tool such court shall hear and determine the same
and the judgment thereon shall be sal feet to writ of
error as in ether eases.
ARTICLE TI.
Set Time 1. The thence of Representatives shall have the
sole power of impeachment.
Svc. 2. All Impeachments 'Mall be tried by the Fenate;
when sitting for that purpose, the Senators shall be upon
oath or affirmation; no 1 , ,K011111m11 Le convicted without
the concurrence of two-thirds of the membets present.
Sec. 3. The Governor and all other civil officers
shall be liable to impeachment for any misdemean
or in office, hut judgment in such cases shall
not extend further than to removal from office 11.1111 dis
qualification to hold any office of trust or profit under this
Commonwealth; the perwm accused whether convicted or af,
qMtted, nevertheless be liable to indictment, trial.
Judgment, and punishment aoccording to law.
SEC. 4. All officers eball hold their offices on the condi
tion that they behave them :elves well while in office, and
shall be removed on conviction of misbehavior in office or
of any infamous crime.
Appointed officers other than Judges of the courts of
record and the Superintendent of Public lnatruction,
may be removed at the pleasur of the power by which they
shall have been appointed. All officers elected by the peo
ple, except Governor, Lieutenant Governor, member.
of the Genentl .%anentbly, and Nages of tit° °Mot , of rec
ord, learned in the law, shelf be removed by the Governor
! for rmsuuable canoe, 11Ler due notice and full hearing, on
the address of two-thirds of the Senate.
ARTICLE VII.
SIMON 1. Senators and Representative; MO all Judi- I
State, and county officers, slain, timbre entering at
the tintless of their respective offie., take .d sulmeribe the
following a th Or affirmation:
.1 do solemnly awear(or affirm) that I will support, obey,
and dermal the Constitution of the United Staten and the
Constitution of this Commonwealth, and that I will dis
closes, the duties of my office with fidelity: that I have
not paid or contributed, or promised Is pay or contri
bute, either directly or indirectly, any money or other val
uable thing, to procure my nomination or election (or
appointment), except for necessary and proper expenses
expressly autholixed by law; that I have not knowingly
violated any election law of this Commynwealth, or
procured it to be done by others In my behalf ; that I will
not knowingly receive, directly or ladirpetly, any money
or other ialuable thing for ilso peribigusnee or :per
fornuince of any act or duty pertaining to say office, otb,
er than the comp.sation allowed by law,.
The foregoing oath shall be administered by some per
son authorized to adminiater oaths, and in the ease of
State officer. and Judges of Ohs Supreme Court, shall he
filed its the office of the Secretary of the Commonwealth,
and its the come of other judicial and county offieem, in the
office of the Prothonotary of the county In which the mime
is taken; any person refacing to take said Nob ur affirm
lion shall forfeit Ida office. and any pens. who shall be
Convicted of having sworn or affirmed fainely, or of having
violated sold oath or nairmittion, shall beguilty of perjury,
am, he forever disqualified from holding any office of trust
or profit within thin Commonwealth.
The oath to the members of the Senate and House of
Repregonpitiyrs shall le ndgtioM=tercel Inoue of the jqdges
of the Supremo Court or of a Court of Common Ploos,
lesirned in the iaw, in the ball of the house to whirls the
member shall be elected,
ARTICLE VIII.
SUFFRAGE AND FLECTIONS.
SECTION 1. Every male citizen twenty-one years of age,
pawning the following qualifications, shall to entitled to
vote at all eleetioos:
Find. lie shall have been.a citizen of the United States
at least one month.
Arrow!. He shall have resided in the State ono year for
if, having previously been a qualified elector or native
born citizen of the State he shall have removed therefrom
awl returned, then sin months) immediately preceding the
election.
Third, lie shalt have retitled in the election district
where Ire shall offer to vete at least two menthe Immedi
ately preceding the election.
Itrirth If twenty-two years of itAn or min - ants, he 1421111
bare paid within two year. a Stale or Culltity M had/
-hall lucre lava assessed at least twu nr.ntlks aad paid at
leas one month befoie the ,•Section.
SEC. 2 The general election shall lie held annually on
on the Tuesday next following the first %many of Noveni
is, but the General Assembly may by law fix a ditre-r,•at
day, two-thirds al ail the members of each Louse cons..ut
in, thereto.
SEC. 3. All elections for city, ward, borough, awl town
ship officers, for regular term of service, 6.11 Le held oh
the third Tuesday. of February.
Sac. 4. All elections by the citizens shall be by ballot.
Every ballot voted shall be numbered in thecrdertu which
it shall to rece.ved, end the number rccorded by the elec
tion OffiCOIN an the list of rate., opposite the name of the
eWcter who presents the ballet. Any elector may
write his 11a1110 ups .his tickm, fir Canby the. same
to he written then,on and attested by a citizen of the
district. The election officers shall be sworn or affirmed
not to disclose howany elector shall have voted unless re
quired to do so as witneo.es iu at judicial proceeding.
sEC. 5. Elect rs shall in all eases, except tm
rwon. felony.
and breach or surety of the peace, be.privileged from ar
rest during their attendance • u election, awl going to and
returning I lierefi,en.
_ .
......
EC. 6. Whenever any of the qualified electors of this
Comilionwettlth shell be in ectual military service, under
a requitotion from the Pre.ident of the I:6ited State• or by
the ontherity of this Commonwealth, such electors nuly
e;ercise the right of etilhuge in all elei.tiuipi by Ms citi
zens, under such regulations as are or shall be proscribed
by law,. fully as if they were present M their
plares of Meet ion.
lite. 7. All 111Wr4 regulating the holding of elmtiona by
the citizens or for the registration of electors shall be 11111-
form throughout the State, lad no elector shal l be deprived
privilege of voting by reavun of Litt name not . toting
registinyd,
SEC. S. Any person who elgall give, or promise, or
offer to give to an elector, any money r reward,
or other valuable von-idem- ton ibr 11I:1 vote
at an election, or for withholding the none, or
who thall give or promise to give earl. cons:thu
tion to any other penota or party for 111011 electors 001 e,
or tor the withholding thereof, mod any elector who shall
receive or agree to receive, fur 11:mgelf or for another, any
money reward or other valuable considerat on for hie vote
;Z;i efeCii;W: 0( for withholding the same. shall t herd is
forfeit the i ight to vote at :inch erection, and .y elector
whose right to vote shall he challenged for such rause lie
tiire lhe election officer- shall be reoirel to swerr m affirm
that the matter of the challenge is untrue berme h:s vote
shall Im received.
Any portion who shall, while a ea:l.l,lMo foe
office, be guilty of bribery, frauttor wilirl vmlititon of any
election law, shall be fictive,. &mot:dire, I from holding an
office of trust Or profit in this
verso], convicted of wilful violation of the election laws,
shall In addition to any issmlties provided I.p law, be de
prived of the right of suffruge absolutely tor a term of
fuer you,.
See. 10. In Wale of contested electiona,and in proceed
ings for the investigation of elections, no person shall be
permitted to withhold his testimony upon the ground that
it may criminate himself or sulject him to public infamy;
but such testimony shall not afterwards be used against
him in any judicial proceeding, sacs;,' for perjury is giv
ing such testimony.
Szc. 11. Townships Mel wards of cities or boroughs
shall firm or be divided luso election districts of compect
and contiguous territory. in Fitch manner as the Court of
Quarter Sessions of the city or county in which the same
are located may direet ; but districts in cities of over one
hundred thousand inhabitauis shall be divided by the
Courts of Quarter Sessions having jardefiction therein
whenever at the next preceding election more than two
hundred and fifty votes shall have been polled therein;
and other election thitriets whenever the court til the
proper county shall be of opinion that the convenience of
the electors and the public interests will be permuted
thereby.
Site. 12. All elections by persons inn representative ca
pacity shall be viva
SEC It. For the purpose of voting, no person shall be
deemed to have gained a residence by reason of lie pres
ence, or lost its by reason of hi: absence while employs,' at
the service, either civil .1.1)11111m,, of this State or of the
United States. nor while engaged in the Havigotion of the
waters of the Stair or of the United St ties, or ou the high
assts, nor while a student of any institution of learning.
nor while kept in any 'mar house or other asylum at pub
lic expense, nor 11hile confine,' ill pni , lie prison.
SEC. 14. District election boards shall consist cf a judge
nod two inspector:. who shall i.e chosen annnally I.y tie
citizens. Each elector shall have the right to vote fi.r the
judge and ore inspector, and each inspector shall appoint
one clerk. The first election leant for any new district
shall be selected, and vacancies in citation boards filled as
shall be provided by how. Election starers shall be privi
leg.l from arrest upon days of election and while engaged
in malting up and transmitting returns, except Upon war
rant of a court of recent or judge thereof for an election
feted, for felony, or for war ton breach of the peace.
In cities they may claim exeniptioli from jury duty during
their terms of service.
Sec. ii. No person shall be qualified to serve as an elec
tion °Meer who shall hold, or shall within two months
have held any office, appointment, or smployetent in or
under the Government of the E tiatelStateS,Or of this State,
or of any city or eotelty. Or of any menicipal hoad, com
mission, or trust in any city. save only just:cps of the peace
and aldermen, netaries public, toad person: in the suilitia
service of the State nor shall any election officer be
to any civil oast a t e Le filled at an election a: wlrch he
shall terre, save ruts to such SlihOrallate itillnleipal or lo
cal °filees below the glade of city ur county (dikes as shall
be designated by general law.
See 18. The Comm of Common Pleas of the several
counties of the Genimmtwialth shall have power within
their respective jurlssiktione to appoint overseen. of elec
tion to supervise the proceediage of election Often, and
to make, report to the court wt may be required; such ap
poiutments to be made for any district in a city or ti.nty,
upon petition of five citizens, lawful voters of such dee
, Dun district setting forth that such appeintment to a rea
minable precaution to Fiume the purity and Slimed-1 of
elections; overseers shall he two in number for an election
district. shall be residents therein, and shell lei persons
analitled to terve upon election bonnie, and in arch errs
inembeis of different political parGes ; whenever the teem
bora of an election board shall differ in opinion ' the over
peers, if they shall be agreed thereon, shall clecbie the
question of difference ; in appointing overseer.] of elec
tion, all the law judge• of the proper court, ablate act at
the time, shall concur in the appointments made.
er.c. 17. The trial and deft rminatien of contested eh,
floes of electors of President end Vice Preeldent, month..
of the Gene: al Assembly, and of all tinblie office., whether
State, judicial, municipal, or local, itha I I:e by the courts
of law. or by one or more of the Inc judges thereof; •he
General Assembly shall, by general law, designate the
court. and judges Its whom the e vend classes of election
cont.ta shall he tried, and rogulate the netunerof trial and
all matters incident thereto; but no such law assigning
jurisdiction, or regulating its exercise, shall apply to any
contest adding out of an election held before its patteage.
ARTICLE IS.
TAXATION AND FINANCE.
Smiles 1. All taxes shall bo nni form upon the rime
class et sal jects within the territorial 11111ite of theanthor
giynleezlin,g,.t.h,ebitinix,,ii.leidaseta.,llleAl.sekttinyllnilicaoyl,lTylegeillizraleri
laws, exempt from taxation public property used for pub
lic purpose ,, actual placee of religious worship, places of
burial not used or held for private or corporate profit, and
institutions of purely public amity.
Sec 2. All laws exempting property fr m tamtion, oth
er than the pmperty above enumerated, shall be void.
Soo 3. The power to tax corporations and corporate
property shall not not be surrendet ed or errepended by any
contract nr grant to which the State shall Le a party.
Sm. 4. No debt shall be created by or on behalf of the
Slate, except to supply camsd deficiencies of revenue, re
pel invasion, supprese insurrection, defend the State in
war. or to pay existing debt. and the debt created to sup
ply deficiencies in revenue ideal never exceed it. the ag
gregate at any one time one million or dollars.
Sm. 1.. All laws authorising the borrowing of money by
and nn behalf of the Stale shall specify the purpose f
which the money to to be used, and the looney 60 borrowed
ehull be used for the purpose specified and no other.
sm. 6. The credit of the Commonwealth 5111111 not be
pledged or loaned to any individual, company, corporation,
or amciadon, emote/11l the Commeowmlth become ajoint
owner or etockholder in any company, association, or co,
poration.
Sro.7. The General Assembly shell Oct Ruth/wire any
county, city. leirongh, township or Incorporate/1 distEct to
Meow a stockholder in any company, a...mei:Ulue, er cor
poration, or to obtain or appropriate money for or to lean
its credit to any corporation, wesiciation, institution or 11.-
Sec. 8. The debt of any comfy, city, borough, townehie,
school district. or other municipality, or Incorporned dis
trict, except as herein provided, shall never exceed seven
per cent ttttt neon the a55,...4 , 11 mlne of the taxal.le proper
ly therein, nor .1411 any each nutnicipelitY or district
cur any new debt. or ineream its indebtedninsto anamount
exce..siing two per rennin' upon such assessed mtnatlon of
property without the assent of the electors thereof, et a
public election, in snch manner PI 111011 Le provided by
law ; but any city, the debt of which now exceeds coven
per centunt of such 'messed valuation, may be authorized
by law to increase the mine three per centime (in the ag
gregate at any one time) neon such valuation.
See. D. The Comm it...lth WWI not assume tile debt,
or any part thereof, of any el y, connty,Mrough er town
ehip. unionism!' debt Omit have been contracted to fumble
the State to repel invas;m,euppreas doznest:c insurrection,
defend Itself In time of nor, nr to assist the State in the
diecharge of any portion of its present indebtedriese.
Soc. in Any e..enty. townahip. Reboot district or
other mar: ielpelity incurring w y indebtedneaa shall
nr before the time of on rein. provide for the eel
leetion of sonnet tax mfficient to pay the Interest
and also the principal thereof within thirty years
Sze 11. Top ovide far the papeent f the preseat
State dent and any additional debt eontrmted an afore
mid the General • on-ruhly 'ball continue end 10-iO
- the oinking fund auffte•ent too ay the morning
interest on Poch debt, and *mostly to reduce ti e min
cipal ther of by a soon not less than two hundred end
fifty thounand dolt-es; the geld sinking fund Anil
consist. of the prnce 'do of the seise of the puslie
works or any part thereof end of the Memo or pro
ceeds of the Otte o I any elocke. wiled by the
wealth, together with other funds end resour. es that
may he des;anated sy law, and shall be inereae-d from
time to time by and/ming to it any pert of the taxes
or ...her 1.-venue. of the State not remoiro d fur the or
dinary and current rap/mese of grove:mm.4; and 'in
tent in cone of war. Memnon or ineurrent* t no part
of the said 'inking fund shell be used or ap..lied othdt
whet than in the ex•inaulahment •of the nob In debt
Fee to. The moneye of the state, rove. a,' Above
the nec..e.ary res roe. shall he sae 1 In the payment of
the debt of the StatO, either directly Or the ugh tee
linking fume, and the mosey.. of the sink log fond
shall neysr I e invented in tor loaned upon the ...curiae
of am thing except the boots of the United States or of
thin State.
Sm. 13 The moneys hold se neemsary reserve chill
be limißtl y law to the amount required by current
expenses, and Khali of siecured and kept es may be pro
vided by taw Mon• hly maim:moots moan be published
slposing the am .ant of each moneys, where the same
are d posited e 4 h..w ammo 1.
Ste 14. The making of profit out of the public
mneye. er using ale Warne for any purpose not author
ised by law, by any offiaer of Poe Ste to or en-mb-r or
officer of 'be Gen,nl saaembly, lo all hen oniale
"manor. and shall be rtniahed as may be prorid.d by
law. but part of mien punishment ehall e a disqnalifi
cstion to hold office for a psriod of not lee. than eve
3,100
ART C{51,1
IDOCATIOS.
finCTION 1, The General Amemblr shell provide f-r
the maintenance sod au" portof a thorough Arid Pffl
tient syetem of pu,lic Inchon's. wherelo all tho OW-
Oren of this Coronionueol.h, bra the agent six year..
may b.• vilucat4 and shall appropriate at Irast one
mi Won d.olars wish sear for that purpose.
_ .
..... . .
sac. 2 No in they nosel for ths'suPpoit of the pith.
Ha Fahnole of the Common - realth nhail be appropriated
an or used for the support of any aectari m school
Ssa. 8. Women twenty ono rears of age and upwards
libel. be eligible lo nay office of a •ntrol or =maga.
meat umler the Khoo! lane of this ztate
ARTICLE XI
(sorrow 1. The 'reenter. nr thieCommonwealth shall
Fa armed. fmrtnited d disciplined f r its netenee
when and in such rottener an m be direebd htw.
The General Assembly Fhall provide for onintminip,
th • militia by appr prl.ti p to•ni the Treßgury or the
Clonimunweelth. 6 .4 rope= •mpt from military eerviee
porno' having eoinielentious scruples ilgaim besting
item.
AILTICLE XII
Svcrios I. All officers wbosP selection is not provid
ed for in this constitution s_ all be elected or appoint.'
jnxvhe 'meted by law . "•
Esc . 2. No naidob:r or Congress frdm this Rat nor
any person holding nr enerei-ing 'toy office •tr epp dot
ment of trues or profit under the United Stet a. shall
at the same time hold or +XeiCire any taco in thin
State to which a salary. fees or perquisites Phnl ibe
attached. The Geneva Assembly mny by law &Glare
what oilice4 are incompatible.
ben. 3. Any person she shall fight a C.uel or Pend a
challenge fo that porpose. or he eider or Abettor is
fighting a doe!. shall be deprived of the right of hold.
fug any office of ho.dir or profi: iu this State and tent
be otherwiee pen:shed as abed be prelerited by law.
ATTICLE XIII,
Semen( 1. No new county shall be established
which reduce any county to le,as than four hun
dred Milan Miles, to leo , ' then twenty thousand
inha , ilantS; nor shall any county be formed of !ere
area. ore utnining a lest population, nor Ault Amy
line thereof pass within ten miles of the'ceonty s at
of any county proposed to be divided.
ARTICLE XIV.
O,ICEBS
SLCTION 1. County officers shall c moist of sheriffs,
conier, prntbonotsi ies, iegi.ellf or wi l's, recorders
of deeds. commtasiouren, treasurers. aurreyms. audi
tors or controllers, clerk+ or the courts. diwrict attor
ney, and .0 others' as my" from time t time ba eg
tablighed by law; and on sheriff or treasurer shall be
e•lg.hle for the t• rot ner.t llLl:cercling the oue for
which be may he elected.
. . .
SBo 1. booty officers shall he elect.d at the cenertl
elections. snit eh til hii,l their offices far the tsent of
three years. begini•ing on the fiist Monday f January
next alter their election, moil until their iseirrs
sl.sll t e duly qualifl,l; all vacancies not ethnic
provided 1,1..11 le Uiled in such menner se way be
pr, cited by Inn.
Fsc rrs qt shall eappointed to any offiee with
in any county who shall not • are been n eii je n sod
inhabit:tat torrent' one year nest et 're his sppoint
inent. i the county shall have been so Io g event-d,
but if it elicit not have been sq long erected. then
within the Imits of the c•tunty or counties out of
whieh it sh.ill hints been taken,. •
41 , C. 4. Prottrunticarics. el -rks or thq enurti record
ers of deeds. registers of wi:ls, cetniity surveyors, and
sheriff. .hall k p their to the C. , OTIty (OW '1 of
the county in which they rvvpe •tivsly shall!. officers.
sr. r,.5. The coatrusation of county ogle •ra shalt
!eguntiell!, lIIW. xnd all COO Oty elacern who are Or m
t. salaried shall pay all fees which they miy b.. au.
thoris to receive Into the treasury of the county or
tat , as may he dtrc•!t••d by law. In eow.ti..t con
taining over nue hni.dred , n 4 ti:ty thovand inhabi.
tails al, t•onnly offt,era shall I•. paid by scary, at d
the as ary of any such officer and hie clerks, heretof•trt
phi by foe.. vor exPeed tha egg e4l, amount
of f ea e.rned duriog his trim and cc/heeled by or for
him.
toO. 0. The General Assembly shall provirle by tew
for the strict nerountau ility of a I county. towurbie.
and t °rough °Maur, as well for lees which may be
coll• cted by torn) ss for all pubdcor uramcips/ moneys
which may be paid to them
Sao 7. Three county commissioners cod three
county auditors Rhea ue elected in each cotr.ty where
such :ere are cho•eo, in the year one thousand
euht hundred amt seventy-fire, ::el every third year
thereafter; and in the election of said officers tact
qualified three.. will vote for no more than two pe
sone, and the three persons having the It ich.st
bore. rotes shall le elected ; any cased/ recency in-the
office of county commissioner or county &mil tor shell
he tied be the Court of Common Kees of the county
is which tech 'scene} , that/ occur. by the appointment
of Cu elr .tor n f the proper county who shall bore voted
for the commissiouer or auditor whose pace is to be
filet
ARTICLE XV
Srvrox 1 Cities may be chartered whenever a ma
jr,cify of the e/ectors of any town sr b dough having
population.' at rest ten thousand shan vote at any
use./ e ectien in favor of the same.
Sic No debt she the contracted or ita,itity In
curred by soy tuun.ci pal coinwissi•in. except in I.UrPII
- of an tippc pristine previously made ther,f, by
he much ioa,overno sot.
,ac. 3. Every city NW/ createa fund, veil
enati ptoolgoil for thit pnycieut of its
funded debt.
ARTICLE XVI.
IR PATE CORPOR
SCCTMN 1. Ail existi,:g charters, or grant; of specie./
or ...Li., privihges, node: which a Lana
.fid.: organ
ic:l-ion tam!, not have taken p . a.e and l usineas b,en
commenced in goad faith at the time or Iha ad,tion of
title nowt.; tuit u, sha I then after have no vlinlity
Sac . 2. The Gene, s' Assembl Pipet not remit the for
feiture or the charter of any c,poration now existing.
oral er or auto,. the same, r r any other geoerg
or npeciel /ow for Use benefit of such corporation, ex.
pt opt, the c••od'tinn that ouch corponation shall
th-re,fter hood its charter to ject to the prov,ioua
of this con.titutiol
or c. 3. The exercise r f the right of eminent domsin
ihvii never be abridged or so construed as to peevent
the General asvemb y fn in taking the prop rty ;id
Iran. hive. of incoryorated companies, and suaectins
them to pubic one, the avme an the property of Lodi
vidna:v : and the exercise of the Wes power of the
Sate shall never be a ridged r en construed an to
permit corporations to couduct their businesa in such
manner as t infringe the eq 14Z rights of iudiv iambi
or the genera! w 11-1) ins a the State
. .
Pec, 4. ho all electlon; for uirretora or manors. Of
• corp.,' etinn a. eh int.mber or share-hoider may cant
the Nobel, number of bin antes for on. randid,o, or
Mittel ate them upon too or mi..) candidates, as ho
way prefer.
S.W. 5 No foreign corporation .hall do soy basin...
Ia Ibis Plate without having one or more known places
of buniaras. mut an euphoria. dog nt or ageuta in the
same. upon whom process may be nerved,
000. ti. No c,poration shall Ougage in arty lonia...it
otb..r than that oxpremaly authorised in it. charter
nor shall it take or hold any re, estate. except rush
an may be nreetmary and proper for its leg.timate
. . _ .
- 8s c. 7. No corporation shall isatie steam or bone'
eft, t fur money. looor done or mousy or penitent,
actually rece.ved; and all fist Pions ihcr•aes of Mock
or lade. tedneee shall be void; the etu.lt and indebted
noes of coil:mations; shall not he there. .1 except is
pursuance of goueral law, nor without the Contra , 01
the persons b tiding the luster amottht to veins of the
.kck first obtaihef at a tue , ting to he lac la after sixty
day. , notice giv•n i•• pursuance nf law.
ceo. r. Municipal and other corporations ani Indi
eldwele with tee privilege of taking private
property !sr pubic use shall make Just compensation
fur property taken, it jured, or tlestroyed by the con
ex octtot. or. Orr...moot of their work*. highwor•, or
improvements, which entnpenset ion shall I.a paid ur
Bemired before etch liking. injury. tee deatruetmo
The tleheral •seem ly het, y trohibited from de-
priving any person of en appeal from any preliminary
sweetmeat of don,geo ogemet any each wtrporatione or
iudividuals merle by viewers or utherwieei and the
amount or such clansave, in all leases of appeal shall,
ou the d•-tnand of either party, be del. tt aided by &ju
ry according to the count+ of the common law .
nsc 0. Every t oohing law shall provid• for the reg•
Wry std countersigning, by au office of the State. of
all utast or bide d,ishetli he circulation. and that
ample seem by to the fell amount they. of .1.11 be
neposited with the ..liter tieneral for the redemtion
of much note or Mite.
to 10 The General Aesernbly chill have the
rower to alter. revoke, or eneul any charter of in
rorphration now ext..% and revocable at the edor—
tioi of Chic to, et , Lotion, 3r any that may hereafter be
created, whenever in their eptnion it may be to juti
one to the citia nen( this Cotntnonwewith. I.e each
moo ier. however, that MI toluene, shall t e done to
the corporator*. No leer herr. nee enacted clean cre
ate Iclll-W, or extend the charter of more thee one
co, tetra:ion.
Sso 11. No corporatio body to pees-se banking and
d etwountingprivil gee shall be created or .4,11f5,1 in
purtuance of any law without three moat,. ;nevi ne
public noticw et the piece tot the iute :tied liteation. of
the intend u to apply for touch pri•i leg,. in zilch meo
w r ae shell be prescribed by Leo eel shall it ebncer
aara prow ileege be granted for a longer periLd than
twenty years.
CO.S 12 Any afineißtiort or carporation organized
for the purpose. or any ind'vidual, shall hoe- the riorht
to conittruct and tatintain lines of telegraph within
'hi. elate. and to connect the eatue with other Ines;
nod the (ieurral Assembly than, by genntal law of
Uhl form oporetton, provide reazunable regulations to
give lull effect to this mection No telegraph C aupany
sh +l' co...lid:Au slob tor bold a controlling Int rest
in the stock yr betide of any other tele.zraph e• inpany
owning a competing lino. ee hcqnire. t.y purchaeto or
otherwise, any 'other compel!, g line of telegraph.
See. lit The term • . coetnratlenc;' usual In this
article, ehal I be construed to ineude ail joint clock
xonipeniee or seenciatiutie having any of the powere nr
pr vlegee or corporations not poiaeseei by iudividuala
or viewership,
ARTICIE XVII
RAILROADS AND CANALS,
Peer!. I. All railroads and vomits allot' to public
highway.. and all rid boad and canal companiee shall
be common carriers Any mist cmtinn or corporation
organised for the purro se shall have ibo right to con
atruot and emirate a railroad between any poioto with
in this State one to coon ct at tho Mato line with
railroads of other Mateo. Every ral:thad company s .11
have the right with its road, to inters , ct. counrc:. ith
or erns, ally other vitrot I. nut altatt re,elye nod
transport each the otheio' passengers, ton. 1t.,. and
care, loafed or empty, without ueluy or dismlnsloo
tion
Aso 2. Every railroad and tonal corporation organ
'red in this amts shall niaintoin an t ffice th.rein,
where tratiorma of ito stock shall b. made, and where
its books ohal I he kept for inspectitmby any stock holder
or ;red iror of such corporation, in which that mil ie.
cord. d the amount of capital work aubscribed or paid
in rod by whom. the names of the menet' of its mock
sod the moonlit. owned by them. respectively, the
Monsters of odd work and the names and places of
re olden.° of its officers
000 3 All tot ividuvlo, some iat ono, and corpora
, Lion. 'mall have equal tights to hoot prrsous and
property trAnKp red over railrondo and canals a ri
no undue or unteasonable d.serliniortion shall be
made In cborgea for or Is facilities for transportation
of fre.ght or passengers within the Stat., nr coinlog
mom or going to any other A Late Etymons sod prop
erty trai.sport• d over any railroad shall b • delivered
at any dot mu at Atari,s not rxred.ng the charges for
mansputMtionof persona oral properly of the 'Ante Clasp
lo th. tame direction to any tool, dia.at motto.; but
excursion coutoutation tickets may be issued at special
rotes,
Arc 4, No railrood canal, orother corporation,nor
the noses put chmpro, or in nsg• vs to toy railroad or
mat corporation, shall ...Unto the ...Lock. proper
ty. or fist. mane of such corporation with. or lease • r
purchase the Wort or fronchmeo of, or io any way con
trol sny other rat.road u. canal cmporotion owning or
heath under Ito coot:T.10 parallel or conlPelinif 1t,.,,
nor shall any officer of ouch railroad or ran, corpora-
ties set man officer of any other railroad or canal goo-
potation or having the Gouty.' of a pa.allet or
Competing line. and the question whether red:roods or
corm s are parallel or competing lines shot. when de
manded • y th- party complatuout, be decided by a jury
of in 001, Cie I leen....
So,. 5. No iecorporaied company doing the bus Inv.
of a commoucarrler directly or indirect y. pros
'elite Or encase Is mining or monufmthring mate.s
tor malt, irtatiati vacitoworks, "tor shall saob com
pany. direct y or indirectly, encase to any other boo
ties, than that of common carriers. or hold or acquire
10n..., fro hold or liamholit, directly or indirect y.
ascent sorb am shalt be necessary for harrying n Its
bloom eat but sny mining or manufacturing company
may carry the pot duct. of its M;nre sod manufaetories
• , n Ito railroad or canal not tseeeding fifty voiles to
length
p fi. No president,. director. officer. scent. or em
ploy- of any raitru.d or canal c inpany shod I be Inter
mited, directly or Ind...rile, in the furnishing of ma
terial or suppl fee to such company o. in the baeinese
of transportation so a ronutunt currier of freight or
peel niters over the works owl, lese-d, controlled or
worked by loc h c.mpolny
. .
diacrinitnitinn fo civages or ',citifies
for totnsonewtion Rhall intde 6.•tivioot trans: rota
tion compani, mot Inoividna.s, or in f tyro of either,
I y nt, denvro.ck,or itto ad
nr clnal eon:piny, nor IlLy innonger, or mop oye
thereof. ti.,111, matte say rveferenees is foroishlog c ors
or mt.tive
sEr. 3 No rsitrrad, miles sy, smother tran-portation
company shall grant tree passes or poses at a diraiiout
to any perEou sace j .t officers or envie/ea of the com
pany.
S-c 9 wo strset passenger railway shall be con
s. t 'acted witi in 'be limits of any city, I ornugh. or
tow ship w thous the consent of its [oral authorities.
SLU U. N., rol.esd, canal, or oth, tran‘portation
company, in existence at the thee of the adopt.on
this article. shall have tit.• benstit of ens future legis
1, ion by general or t-p -cis' laws, except on curt:Winn
of c molete acceptance of all the provisions of this
Src 11. The existing pow, /I and duties of the Aud
itor General in regard to the railroads. entiala, and
nth, transom.. ill!) con - insole., except as to .heir art•
counts, ere hereby trsonf•rreil to the Secretary or In
ternal Affairs. wt.° ' , all have a it.oetai eapervitiou
OV F them ambled •o earth resitiatioos and aiteratiora
as shall be provided I y law; nod in addition t. the
YOOIIAI re la.its now require. t.i i e made, add reereta•y
ng , r. goira opec'.l reports at any time upon ivy soh
j ct re intiug to the I t.iitet. of Enid erimpluiss from
aby odic, or officers thereof.
ARTICLE XVIII.
SKOTtna 1 Any amendment or arnentmentn to thin
cenntituti•di nt y he pr,rned in the Semite or !7 none of
Henn,. •nte.tiv..s. end i I toe 81111. ~hall be agreed to by
tonjorry of the ',Wert to e.eh
such propoot d nmendln •nt er emend:oo;2th elite( be en
tered on tbsirj nunals, tails the yeas and nays taken
..I;er;pin. end tot et ere . ..rr of thjet-mmonwealth *ll.l
c use the same to b- ptoliehed three in iutbs before
the next general election in at least two newspapers
in ever county in wl.ich suet newspapers
shad be pabli hed: and if. in •he General Assembly
next afterwards chosen, such prepesed amendment or
amendments sha'l b• agreed to I y a in..jorily of the
meta. era elect. d to etch bowie, the eteretaty of the
Commoowealth canon [t« parma again to tot e pub
lished in the manner aforeotid. emd such propmwd
amendment or aunt chmeets shall be submitted to the
.1 «lector. of U., at., in such a int,ner. and
at tech time. at 10.,5t three months i.fret being so
ages-d to ty the tee hoes. s as the °eons( As..em
b.y than presmibe; e.d tforch amendment or amend
men eshal I he aNa...red br a 1119 i DI it. of .hose vot•
1., there.. such amendment ur amendmeota shall
becomes part of the convtitutinn t but no amendment
or smeedments s`.6l be rubel-J.-al oftener than once
in lire years; when two or m .re amerdin. ors shall
be submitted thty shall be rot. d alma separrtely
SCIIEDULE.
That no inconvenience may arise from the changes
is the constimtion of the Colinnonwealtli. and in
order to early the same into complete operation.
it is hereby declared that: •
(Oilto hon shall take eEeet en
the brut day of .I.,nuary. in the yt.ar one thousand
ehrin bonfire.' and seventy-four. torah purposes net
otherwise provided for therein.
. .
geritr Y6l Imesiu Rice 11; iLi.t Commonwealth
at tile time ,1 the adoption of this constitution not
inconsistent thecewithAnd all tights, actions. pros
con t ions, and contracts shall continue as It this con
stitution had not been adopted
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 a II districts where there shall be
vacancies Those elected in the year one thousand
tight hundred and seven y-four shall serve for two
years. and those elected in the year one thousand
eight hundred and seventy-live shall serve for one
year. Senators flaw elected. and t hose whose terms
are unexpired. shall represent the districts in
which they reside until the end of the terms for
which they uere elected.
SEC 4. At the general e'ection in the year one
thousxml eight hundred and seventr.six. rfiatorg
shall be elected from the even numbered districts
to serve for two years. and from odd utnnbered dis
tricts to serve for fimr years
.
SEC 5. The first eleitiotiof (lover'', tinder this
clostitut ion shag be at the general election in the
year one thousand eight hundred will seventy-five,
when a 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
f those thereafter elected slug be for four years.
according to the provisions of this constitution.
SEC. E. At the general election In the year one
thousand eight 11111111 red and seventy-font a Dew
[(allot Govern,, shag to elected according to the
Provisions of this constitution.
tiae 7. The Secretary internal Affairs shall
be elected at the first general election after the
adoption of constitution: and when the said
officer shall be duly elected and qualified, the office
Id Surveyor General shailts, abolished.and the Sur
veyor General in office at the t hue of the adopti,
of this constitution shall continue in office until the,
expiration of the min for which be was elected.
SEC. 8. When the Superfut-ndent of Public In
strn etton shag he daly qualiged.the office of Super-
Int-mien t of COMM. Schools shalt cease.
bE7.1 7 9. :Nothing contained in tllii constitution
shall be construed to render any pers , n now !mid.
Mg any State office for a first official term tueligib:e
for re-eleetton at the end of such term.
_ . .
Sea 'O. The Judges of the supreme Court in of
flee when this constitution shall take effect shall
continue until their commissions severally expire.
Two judges is addition to the number now compos
ing the said court shall be elected at the first gen
eral election after the adoption of this constitu
tion.
SEC. 11 All courts of record and all existing
courts which are not specified in this constitution
shall continue in existence until the first day of De
cember,in the year one thousand eight hundred and
seventy-five, without abridgement of their present
jurisdlethm, but no longer. The Court of First
Criminal Jut isdietion for the counties of Schuylkill.
Lebanon and Dauphin Is hereby abolished; and all
causes and proceedings pending' therein in the
county of Schuylkill shall be tried and disposed of
In t' e Courts of Oyer and Terminer and Quarter
Session= of the Peace of said county.
hoc 12. The registers' courts now in existence
shah be abolished on the first day of Januar) next
succeeding the adoption of this censtitntion.
Sec. 1 . The General Assembly shall, at the
next session after the adoption of tills constitution.
'designate the several Judicial districts as required
by this constitution. The judges in commis-lon
when such designation shall be made shall continue
during their unexpired terms Judges of the new di,
tricts in which they reside. But when there shall
be two judges residing in the same district, the
president lodge shall elect to which district he shall
be assigned: and theaddit tonal law judge shall be
assigned to the other district.
SEc 14. The general Assembly shall, at the next
succeeding session after each decennial reuses. and
not oftene. • designate the several Judicial districts
as required by this constitution.
SEC. 15. Judges learned In the law of any court
of record ho ding commissions in foree at the adop..
tins of this con.stitut hot shall hold their respective
()feces until the expiration of the terms for which
they wereeommissioned, and until their successors
Spill be duly qualified The Governor shall com
mission the president judge of the Court of First
Criminal Jurisdiction for the counties of Schuylkill
Lebanon and Dauphin as a judge of the Court of
Common Pleas of Sehnylki 11 county fur the unex
pired term of his office.
SEc. lit After the expiration of the term of any
president judge of any Court of Common Pleas fu
commission at the adoption of this constitution. the
judge of sack csurt learned in tire law and oldest in
commission shall he the president judge thereof.and
when two Qr more judges are cleared at the Rune
time in any judicial 111511 let they shall decide ny
lot which shall be president ledge; bet when the
president Judge of a enurt shall he re-elected Ins
shall coot nine to be president Bldge of that e v ert.
Associate pages, net le:treed in the law, elected af
ter the adoption of t is eonstitot lon, shall he eon,
mlssioned to built their oflees for the term of five
years from the first day of JannarY next oiler their
election.
The General Assembly at the first sett
sht after the adoption of this constitution shall ho
and determine the compensation of the Judges of
the Supreme court and of the judges of the several
judicial (listtient of the Commonwealth. and the
provisions of the fifteenth section of the article on
Legislation shall not he deemed Inconsistent here
with. Nothing contained in this constitution shall
be held to reduce the compensation now paid to any
law judge of this Commonwealth now in commis
sion .
, .....
scc. Ilk The (Wirth of Common Pleas In the
counties of Philadelphia and Allegheny shall be
emnprFed of the president judges of the district
Court and Court of Common Pleas or said counties
until their offices shall severally end, and of such
other Judges as may from time to time be se-
For the purpose of first organization in Phila
delphia thejudges of the Court number one shall
be Judges Ail ,on, Pierce and pas.. ; of the Coon
number two. Judges Dare. Mitchell and one other
judge to be elected ;of the Court number three,
Judges Ludlow Fir letter and Lynd. and of the
Court stitcher four. Judges Thayer. Briggs and one
other judge to be elected
Tiw judge first named shall be the president I
judge of said courts respectively.and thereafter the
president judge shall he the judge oldest in con,
mls,irrm ; but tiny president Judge remieeted Ito: 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 tits constitu
tion in the same manner as he two additional judg
es of the Supreme Comwt and they shall decide by
lot to which court they shall belong. Their term
of office shall commence on the first Monday of
Jamtary. In the year one thousand eight hundred
and seventy.five.
Sec. it. la the county of Allegheny, for the pur
pose of first mean izAt on under this ennstitution.
the judvs of the Cnurt of Coltlllloll Pleas at the
time of the :Wootton of this Cons; anthill shall be
the judges of the Court number one, and the Judg
es of the District 4.700 rt at the same date shall be
the judges of OW Common Pleas number two.
The president judges of the Common Pleas and
District Courts shall he president judges of said
Courts number one ;and two respectively until their
offices shall end. and thereafter the judge oldest in
commission shall be president judge: but any pies
ident judge re-elected in the same court or district
shall continue to be president Nage thereof
Sec. 20. The organization of the Court of Com-
MDR 11, as. under this constitution for the comities
At Philadelphia and Allegheny. she' I take effect on
the first Monday of January, one thousand eight
hundred and seventY - fi ve , and existing courts in
said counties shall continuo w 1 h their present
W.f . . and Jurisdiction mail that date; but no new
stilts shall he instituted in the Courts of Prius
after time adoption of this constitution-
Sec 21. The canoes and proceedings pending In
the Court of Nisi Prius. Court of Common Pleas.
and District Court In Philadelohia shall he tri, d
and disposed of in the. Court of COMIIIOII
he records and doekets of said courts shall he
transferred to the Prothonotary's office of said
county
Ore. 7:2„ The causes and proceedings pending In
the cowl of Common Pleas in the county of Alle
gheny shall be tried and divosed of in the court
number ONE; and the causes and pnweedings pend
ing in the District Court shall he tried and disposed
of in the court number TWO. _ _ _
SEC. 23. The Prothonotary of the Court of Com
nun Pit,44 of Philadelphia shall be first appointed
by the judges of said court oa the first Monday of
December, in the your one thottmod eight hundred
and seventy-tire; anti 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 Isis commission shall expire, and
the present Clerk itti he Court of Oyer and Terminer
and Wcarter Sessions of the Peace In Philadelphia
shall be the clerk of such court until the expiration
of his present oonnittoton on the Mitt Monday of
NO. 48.
December in theyear one thousand eight hundred
and seventy-five
Sec. 24. lu cities containing over fifty thousand
inhabitants (except PhPadelphia) all aldermen in
office at the time of the :alma'. of thisconstituilon
shall continue in oilier until Cite expira thin of their
commissions. a nd at the election for city and ward
officers in the year one thousand eight hundred and
seventy-rive one alderman shall be elected in each
ward, no provided in this constitution
SEC In Philadelphia magistrates in lien of
a'ilermen. shall be chosen as required in this const
tin ion at the election in said city for city and ward
officers in the year one thousand eight hundred anti
seventr.five; their term of office shalt co ~,,, ;mice on
the first Monday of April succeeding their elec
tion.
'1 he terms of office of aldermen in said city, hold
ing or entitled to commissions at the time of the
adopion of this constitution shall not be affected
thereby.
Sec. 2,1. All persons in office in this Common
wealth at the time of the adoption of this constitn
thin anti at the first election under it. shall bold
their respective offices until the term for wlddt they
have been elected or appointed shall ex, ire, and un
til their successors shall be duly qualified, unless
otherwise provided in this constitution
Sec. 27. The seventh article°, this constitution
prescribingan oath of ohiee, shall take effect
and after the first day of January, one thousand
eight hundred and seventy-live.
sec. LI. The tsrms of office of county commis
shiners and comity audi ors chosen prior to the year
tine thou . and eight hundred mid 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.
Svc. 9. AII State. county, city, ward, boroegh,
and township officers in office at the time of the
ndoption of this constitution. whose romp...lll°n
is not provided for bysalaries alnue, shall continue
to receive the enmpensalim allowed them by law
until tier expiration of their respective terms of of
fice.
. . . - •
tiec.:O. All State and judicial officers heretofore
elonted. sworn. a rennet!. or in office when this con-
stitutinn shall take elfeet, shall severally • witida olio
month after such adoi lliel. take nod subscribe an
oath (or affirmation) to supper! th is constitut ion.
SEC. 31. The General As+etilltly. at its first se,
sion. or as soon as inn y be after the adoptipn of this
cimstltution. shal !pass such laws as may be neces
sary to carry the same Into full force and effect.
NCO. 32. The ordinance passed by this conyem
tion.entitled "an ordinance for submitting the
amended csnstitution of Pennsylvania to a vote of
the electors thereof.” shall be held to be valid for all
the purposes thereof.
sec. 13 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 Philaftelphia. on the third day of No
vember, in the year of our Lord one thousand eight
hundred and seventy-three.
OFFICE OF
SEczwreatr OF TEE COIIIIOImEALTE,
ITAttstsouna, Nov 13, ISTI
I eertifv that to foregoing isa.correctcony of the
new Constitution, proposed to the people of Ii
Comwoowealtli of Peunsylvanl3. for their approval
or rejection. as the same appears of record In this
office. M. 8 QUAY.
Secretary of COiiiiiioiN;teartit
AN ORDINANCE
FOR SUIINIITTIZO TIM AMENDED CI
PrANSTINASIA TO A VI.TE OF TIIE QUALIFIED
ELECTORS TUEREOP, AS PASSED SECOND READING.
Be it ordained try the Constitutional donventiOn, of
the ammonwealth of Pennsylvania, as follows:
1. That the amended constitution prepared by
this convention, be submitted to tne (planned elec
tors of the Commonwealth fur their adoption or re
intim', at an election to be held on the third Tues
day of December next :except as hereinafter oriered
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
howl relating to general elections: and the sherbis
of the several counties shall give at least tw. nty
days notice of said eleFtion by proclaniat ion.
" 1. The Sec ietary of the Commonwealth shall, at
least t wenty days before the mild election, famish to
the Comm.lelierS of each county, a sufficient num
ber of properly prepared circulars of I' strnetions.—
The commissioners of the several counties shall
cause to be printed at least thiee times afk many bal
lots of affirmative votes as there are voters in each
county—and the same number of negative votes;
and the said comm issiouers shall, at least five days
before said elect ion, cause to be fairly distributed to
the several c:cetion districts in their respective
counties. the said ballots, retitens circu
lars of instructions, and such other imolcs and pl.
pets as may be necesmi y The ballots shall be
printed or written in the tenoning form: ou the
outside the nerds "New Constitut ion." in the 'ln
side tor all ',mots giving affirmative votes the
words," For the New Constitution." and for all
persons giving negative votes the words "Against
Vic New Constitution."
3. If it shall appear that a majority of the votes
polled are for the new Constitution, then it shall be
the coma ititt IMF of the Cotunionweall h of I . ennsyl.
van aon and after the first day of January. In the
year of our Lord one thousand eight hundred and
.seventy-four; but if shall appear that a majority
of the votes pOilea were against the new constitu
tion, then it shall be rejected and be null and
void-
4. Five Commissioners of Election viz: Edwin
Fitter. Edward Brownin„m. John P. Verree, Henry
flagert, aud John 0. Jatnes, are hereby appoint
ed by thisconvention, who shall have direction of
the election upon this amended constitution in the
city of Philadelphia. The &lid commissioners shall
be duly sworn or affirmed to perform their duties
with Impartiality and fidelity. They shall also!have
power to fill vacancies iu their own number it
shall be the duty of said commisdoners. or a ma
jority of them :iud they shall have authority to make
a registration of voters for the several election di
visions of said city, and to furnish the listsso made
to the election officers of each precinct or division ;
to distribute tile tickets for said city provided for by
this ordinance to be used at the election; to ap
point a judge and two inspectors fur each erection
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. Ito person shall serve as an election officer
who would be disqualified under Sect ion 15 Arti
cle 8, of the new constitution The general return
of the election In the said city shall be opened.com
tMed .d certified before the said commissioners.
and with their approvsl—whlch approval shall be
endorsed upon the return. They shall make re
port,directed to the president of this convention,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
&el 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 Each inspector shall appoint one
clerk to assist the hoard in the performance of its
duties, and all the election officers shall be duly
sworn or affirmed according to law, and shall po
sem all the qualifications required by law of elec
tion officers in this Commonwealth. At said elec
tion :toy duly qualified elector who shall be unreg
istered shall be permitted to vote upon mak trig
proof of his right to the election officers, according
to the general election laws of this Commonwealth.
Return inspectors and their etc: its and an hourly
count of the votes shall be dispensed with, but over
seers of election may be selected for any precinct by
said election commissioners, whose duties and pow
ers slits II be the same as those of overseers of elec..
tion in said city under existing election laws appli.
cable thereto. Betons of the election shall be
made in said city as lu the ease of an election for
Governor but a triplicate general return for wild
city shall be made out and forwarded to the pi es-
Went of , his convention at Harrisburg, as is herein
after provided in case to county lento's.
5. In each of the counties of the Commonwealth,
(except Philadelphia,) the returns of the election
shall he madeas in the case of an election for Gov
erie but the return judges in each county shall
make out a triplicate county retain and transmit
the same. within five days after the election, direet
ed to the president of this convention, at Harris
burg.
Done in convention this Third day of November,
In the year of our Lord, one thousand eight hundred
and seventy-three.
JNO. 11. WALIik:R, Pres Cent.
D. L DIBBLE, Clerk.
A true copy of ordinance of submission.
Df.2'. QUAY,
Secretary of the Contmonlcealth.
R EMEMBER
THE THIRD OF DECEMBER.
Those whc 'lmpost, int esting, (and whotloes not ?)
in tickets for the
FOURTH GRAND GIFT CONCERT
PUBLIC LIBRARY OF KENTUCKY
Which comes off in Louisville on the 3d of De
cember next, have uo time to lose,
ONLY qO,OOO TICKETS
Have been issued, and
12,000 CASH GIFTS,
Amounting to
01,500,000.
WILL BF DISTRIBUTED AS FOLLOWS
I.l*T OF OUTS
SZso,oou
luo,boo
One Grail! Cash Gift
One Grand thsll Otft....—
Inc 01mid eng!l tlyt
•
....... ....
One Grand Cash Gift...... 26,00
One Grand C,oh Gift 17,600
10 Cu.li Giro 610,0. eneli IOP,OOO
111 Ca.,li G PIS 0,001 e55h......,, ............
I!
00 CaSCalooo lo.otlo esch
. . ..... 6.0,V000
aifts 7;Uil each 40,K0
100 45.11 Gift• 400 each 40,0011
Co-h Gift. '..tA) each 46,1_100
250 WWI Gil'. 200 ea..h....
3 Cab 1110 eut.y 32600
60 each baepoo
MOW Cash Gifts
WHOLE TICKETS, $5O. CO lIPONS,(Tenths)
ELEVEN TICKETS FOP. SZOO.
For tickets or information, address
TIIO9. BRAmLETTE.
Agent Public Library Kentucky. Louisville, Ky.,
TIIOSI. 11. BAYS CO.,
GOO Broadway, N. Y
NoT.S-4t.
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It recommended by regn Ice Medieci pea,.
tii inners and a apeerly cure guaranteed for Colds, Coughs,
Catarrh, Asthma. Bronchitis, Spitting Mood, Consumption
and all Puimnionstry Complaints, Senifttla,
Dyspepsia and Omit. Ilysentary, Cheleradnorbn, cho em
aid all liver and bowel anaplainbt. Kidney diseases and
all affectincri of the Urinal organs—perfectly harmless—
free from Afmeral or Alcoholic propertico--plecoont
take and never known to fall—Price 11. P. per bottle. Full
parVeulars with medical testimony and certificates sent
on application. Addl . °, L. F. HYDE & M., 1&S Seventh
Avenue, New To*.
riioxn
5.:!,0e