he had signed it unless the general as
sembly, by their adjournment, prevent
its return, in which case it shall liecom-.,
a law unless he shall file the siuae. with
his objections, in the office of the secre
tary of the commonwealth and give no
tice thereof by public pr oclamation with
in thirty day's after such adjournment.
Sec 16. The governor shall hve prwe?
to disapprove of any item or items of any
bill making appropriations of money em
bracing distinct items, mid the parts of
the bill approved shall be the law and
the item or items of appropriat ions disap
prove d shall be void unless repassed ae
eording tothe rules and limitations pre
scribed for the passage of otht r bills over I
the executive veto.
Sec 17. Thechief justice of the supreme
court shall preside upon the trial of any •'
contested election of governor or lieuten- •
ant governor and shall decide questions i
regarding the admissability of evidence
and shall, upon request of the committee, [
pronounce his opinion upon other qnes- ■
tions of law involved in the trial. The 1
governor and lieutenant governor shall
exercise the duties of their respective j
Offices until their successors shall be du
ly qualified.
" Sec 18. The secretary of the common-'
wealth shall keep a record of all official j
acts and proceedings of the governor and ;
when required lay the same, with all min
utes and vouchers relating thereto, be
fore either branch of the general assem
bly and perform such other duties as
may be enjoined upon him by law. i
See 19. The secretary of internal af
fairs !:nl!-exercise all the powers and)
perform all the duties of the surveyor'
f general, subject to such changes as shall
to made by law. His department shall
embrace a bateau of industrial statistics'
and he shall discharge such duties relnt-'
ing to corporations, to the charitable in- j
stitutioas, the agricultural, nnnufae- ■
tuning, mining, mineral, limber ami oth
er material or business interests of the ;
suite as may be prescribed by law. lie i
shall annually, and at such other times!
as may be required by law, make report
to the general assembly.
Sec 20. The superintendent of public
instruction shall exercise all the powers ;
and perform all the duties of the snper
tendent of common schools, subject to
such changes as shall be made by law.
Sec 21. The term of the secretary of!
internal affairs shall be four years, of the
auditor general three years and of t'u t I
state treasurer two years. These officers I
shall lie chosen by the qualified electors!
of the state at general elections. Xo |
person elected to the office of auditor j
general or state treasurer shall lie capa
ble of holding the same office for two;
consecutive terms.
Sec 22. The present great seal of Peun
syh.inia shall lie the seal of the state. |
Ail commissions shall be in the name'
and b> authority of the commonwealth i
of Pennsylvania and be sealed with the
state seal and signed by the governor.
ARTICLE V.
Judiciary.
Sec 1. The judicial power of this com
monwealth shall be vested in the su-i
pre me court, in courts of common pleas,'
courts of oyer and terimnei aud general!
jail delivery, courts of quarter sessions
of the peace, orphans' courts, mag's
trates'courts and in such other courts
as the genera! assembly may from time
to time establish.
Sec 2. The supreme court shall consist j
of seven judges, who sliaii lie elected by
the qualified electors of the state at large.
They shall held their offices for t he term
of twenty-one years, if they so long be
have themselves, but shall not 'oe again
eligible. The judge whose commission
shall first expire shall be chief justice, !
and thereafter each judge whose com
mission shall first expire shall in turn
be chief just i-e.
tbc a. The jurisdiction of the supreme
court shall extend over the state and the
judge?, thereof shall, by virtue of their!
offices, be justices of ovei and terminer
a..d general jail delivery in the several ;
counties; they shall have original juris
diction in care.-.. f injunction and \iuo>
a corporation isa party deft ndent. of ha
beas corpus, of mandamus r,> courts of
inferior jurisdiction, and of quo warran
to as to all officers of the commonweall!
w hose jurisdiction extend - over the state
but sliali not exercise any other original
jurisdiction; they shall Lave apellate
jurisdiction by apical, cert iorai i or writ
of error in all eases, as is now or may
hereafter be provided by law.
fjec 4. Until otherwise directed by law.
the courts of common pleas shall" con-'
tinue as it present established, except
as hei< in changed; not more than four
counties shall, at any t.me. be ineiudul
in one judicial district organ i dfor said
com l#
Sec 5. Whenever a county shall con
tain forty thousand inhabitants it shall
constitute a separate judieial district I
and shall elect one judge learned in the :
law. and the general asst mbly shall pro
vide for additional judg - a.> the business
<?i the said districts may reouire. 1 "iiu-,
ties containing a population less than is
sullieient to constitute separate districts
shall be formed into convene nt single
d \striots or, if necessary. ma> be attach
ed to contiguous districts ..• the general
:HSI mbly may provide. The office of :.s
--socuto judge, not learned in the lav is ;
abolished in counties forming ,eparat<
districts; but the several associate
judges in office when this constitution'
shall b ■ adopted shell sci vt for Uieir uu !
exnired terms.
Seet>. la the counties of Philadelphia '
and Allegheny ali the jurisdiction and |
-powers now vrsud in th district courts ,
ur.J courts of encmon picas, subject to !
such changes as may be made by this
•constitution or by law, shall be. in Phil- j
adclpliia, vested in four, anu in Aileghe-;
nv in two distinct and separate courts
of equal and co ordinate jurisdiction, !
composed of three judges each; tiie said j
courts in Philadelphia shall be -designa
ted respectively as the court of ccmhion i
pleas number one, number two, number |
three and number four, and in Alleghe
*iy as the court of common pleasnumber
one and number two; but the number'
of said courts may be by law increased.'
from time to tim°, and shall be in like!
manner designated by successive num- i
tiers-. the number of judges iu any of said
courts, or in any county where the es
tablishment of an additional court may
be authorized by law, may be increased J
from time to time; and whenever such j
increase shall amount to three, such
three judges shall compose a distinct and '
separate court as aforesaid, which shall
be numbered as aforesaid. In Philadel
phia all suits shall be instituted in the!
said courts of common pleas without
designating the number of said court,
and the several courts shall distribute
and apportion the business among them
in such manher as shall be provider! by
rules of court, and each court to which
any suit shall be thus assigned shall have
exclusive juristiiction thereof, subject I
to change of venue, as shall be provided 1
bylaw, in Allegheny each court shall
have exclusive jurisdiction of all pro
ceedings at law ami inequity comujeliccd
therein, subject to change of venue as
xftay le provided by law.
Sec 7. For Philadelphia there shall le
one prothonotary's office and one pro---
thoriotary for all said courts, to be ap
•..•>in. Ib> the judges of said courts, and
to hold office ivi three years, subject to
removal by a majority of said judges;
the said prothouotary shall appoint such
a&sistauts as may be necessary and am
tborized by said courts, and lie and hi>
assistants shall leeeive fixed salaries. to
be determined by law and paid by said
county; all fees collected in said office,
except such as may be law due to the
commonwealth; shall be paid by thepro
tlionotaryintothecounty treasury. Each
court shall have its serrate dockets, ex
eppt the judgment docket, which shall
contain the judgments and liens of all
the said courts, as is or may le directed
bv law.
Sec 8. The said courts in the counties
of Philadelphia and Allegheny respect
ively shall, from time to time, in turn,
detail one or more of their judges to hold
the courts of oyer and terminer and the
courts of quarter sessions of the peace
of said counties in such manner ;is may
be directed by law.
See 9. Judges of the courts of common
pleas learned ill the law shall lie judges
of t he courts of oyer and terminer, quar
ter sessions of the jieace and general
jail delivery and of the orphans'" court,
and within their respective distrietsshall
lie justices of the peace as to criminal
matters.
Sec 10. The judges of the courts of
common pleas, within their respective
counties, shall have power to issue writs
of certiorari to justices of the peace and
other inferior courts not of record, and
to cause their proceeding to lie brought
liefore them and right and justice to be
done.
See 11. Except as otherwise provided
in this constitution, jnstieesof the peace
or aldermen shall lie elected in the seve
ral wards, districts, boroughs and town
ships at the time of the election of con
stables. by the qualified electors thereof,
in such maimer as shall be directed by
law and shall be commissioned by the
governor for a term of live years. No
township, ward, district or borough shall
elect more than two justices of the peace
or aldermen without the consent of a ma
jority of the qualified electors within
such" town ship, ward or borough; no per
son shall be elected to such office unless
he shall have resided within the town
ship. borough, ward or district for one
yra; next preceding hiseleetion. In cities
containing over fifty thousand inhabi
tants not more than one alderman shall
lie elected in each ward or district.
Sec 1.2. Iu Philadelphia there shall be
established, for each thirty thousand in
habitants, one court, not of record, of
jiolice a;.d civil causes, with jurisdiction
not exceeding one hundred dollars; such
courts shall be held by magistrates whose
term of office shall be five vearsand they
shall be elected on general ticket by the
qualified voters at large; and in the elec
tion of the said magistrates no voter shall
votefi>r more than t wo-thirdsof the n uui
ber of persons to be elected, when more
than one are to be chosen; they shall be
compensated only by fixed salaries, to be
paid by. said county, and shall exercise
such jurisdiction, civil and criminal, ex
cept us herein provided. as is now exer
cised by aldermen, subject to such
changes", not involving an increase of
civil jurisdiction or conferring political
duties, as may be made by law. In Phil
adelphia the office of alderman is abol
ished.
Sec 13. Ail fees, fines and penalties in
said courts shall lie paid into the couuty
treasury.
Sec 14. In all cases of summary con
viction in this common wealth, orof judg
ment iu suit for a penalty before a magis
trate or court not of record, either party
may appeal lo such court of record as
ma' be proscribed by law, upon allow
ance of the apellate court or judge
thereof, upon cause shown.
-eo 15. All judges required Lobe learn
ed in the law. except the judges ot the
supreme court, shall be elected by the
qualified electors of the respective dis
tricts over which they are to preside and
shall hold tiieir offices for the period of
ten years, if they shall so long behave
themselves well; but for any reasonable
cause, which shall not be sufficient
ground for impeachment, the governor
may remove any of them on the address
of two-thirds of each house of the gen
eral assembly.
Sec 16. Whenever two judges of the
supreme court are to be chosen for the
same term of service, each voter shall
vote for one only, and when three are to
:k' chosfn he shall vote for no more than
two; candidates highest in vote shall be
declared elected.
of the supreme court, or any two or more
bulges of the court of common pleas for
the same district, be elected at the same
time, they shall, as soon after the elec
tion as convenient, cast lots for priority
f commission and certify the result to
the governor, who shall issue their com
missions in accordance therewith.
Sec Is. The judges of the supreme
. ourt and the judges of the several courts
of common pleas, and all other judges
required to be learned in the law. shall,
at slated tunes, receive foi their ser
vices an adequate compensation, which
riiall be fixed by law and paid by the
state. They shall receive no other coni
> ion, tees or jierquisites ui office
;dr their services from any source nor
hold any other office of profit under the
United "States, this state or any other
-late.
See ID. Toe judges of ilu* supreme
cVitrt. during their continuance in >f
f;:e, ifcaU reside within this common
.'.-oaltii; and the other judges, during
• heir continuance in office, si tall reside
; within the districts for which they shall
, be respectively elected.
; bee Ah The several courts of com-;
! mon picas, Itesides the powers herein
; conferred, shall have and exercise witli
• in their respective districts, subject to
such changes as may be made by law,
! such chancery powers as are now vested ;
I by law in the"several courts of common
pleas of this commonwealth, or as may
i hereafter be conferred upon them by law.
Sec 21. No duties shall be imposed by
; law upon the supreme court or any of
the judges thereof, except such as "are
' judicial, nor shall any of the judges there
' of exercise any power of appointment ex- j
> oept as herein provided. The'court of
i nisi prius is hereby abolished and no
court of original jurisdiction to be pre
sided over by any one or more of the ;
supreme court shall be established.
Sec 22. In every county wherein the 1
! population shall exceed one hundred and
tifty thousand the general assembly shall,
' and iu any other county may, establish
a separate orphans' court, to consist of 1
one or more judges who shall be learned
i in the law, which court shall exercise all
the jurisdiction and powers now vested j
in. or which may brtvafter be conferred ;
iqon, the orphans" courts, and thereup
on ihe jurisdiction of the judges of the
court of common pleas within such coun
ty, in orphans' court proceedings, shall
cease and determine; in any county in
; which a separate orphans' court shall be
estaldished the register of wills shall be
clerk of such court and subjei t tuits di
rection in all matters pertaining to Ins
office; lie may appoint assistant clerks,
but only with the consent and approval
of said court* AH accounts filed with
him as register or as clerk .of the said
-separate orphans', court-almll be audited
by the court without expense to parties,
except where all parties in interest in a
pending proceeding shall nouuu.au an
auditor whom the court tuny, in its do
cretion, appoint. In every county 01
pbans 1 courtsshall possess all the power
and jurisdiction of a register's court, an
separate registers' courts are lieieh
abolished.
Sec 23. The style of all process stial
be "The Common weattfi of Pennsylv*
nia." All prosecutions shall be carrie
on in the name and by the authority o
' the Commonwealth of Pennsylvania an
conclude against the peace and dignit
of the same.
Sec 24. In all cases of felonious lioim
j cide, and in such otlier criminal cases a
may lie provided for by law, the accused
after conviction and sentence, may it
move the indictment, record and all pr<
| ceedingsto the supreme court for review
f Sec 25. Any vacancy happening h
death, resignation or otherwise, in an
court of record, shall lie tilled by appoint
meat by the governor, to continue til
the tinst Monday of January next sue
ceediug the first general election whic!
shall occur three or more months atte
the hap|ening of such vacancy.
Sec 26. All laws relating to courts shal
be general and of uniform operation am
the organization, j urisdietiouaiul power
of all courts of the same class or gradt
so far as regulated by law. and the fore
and effect of tlie process and judgment
of such courts shall be uniform: and th
general assembly is hereby prohibits
from creating oilier courts to exercis
the powers vested by this constitutioi
in the judges of the courts of commo
pleas and orphans' courts.
See 27. The parties, by agreement tiled
may, in any civil case, dispense wit
trial by jury, and submit the decision o
such ease to the court having jurisdii
tion thereof, and such court shall hea
and determine the same; and the judg
iiient thereon shall be subject to writ o
error as in other cases.
ARTICLE VI.
Impeach me id and Removal from
Office.
Sec 1. The house of represents
tires shall have the sole power o
impeachment.
See 2. All impeachments shall b
tried by the senate; when sitting fo
that purpose, the senators shall b
upon oath or atlirniation; no persoi
shall be convicted without tie con
eurrence of two-thirds of the mem
hers present.
Bec 3. The governor and all otlie
civil officers shall be liable to itn
peachmeiit for any misdemeanor ii
office, but judgment, in such case
shall not extend further than to re
moval from office and disqualiticatioi
to hold any office of trust or profit un
lor this commonwealth; the person ac
cused, whether convicted or acquit
Led, shall nevertheless be liable to.in
dietinent, trial, judgment and punish
inent according to Law.
;See 4. All officers shall hold t'neii
offices en the condition that they he
have themselves well while in offic*
and shall be removed on convietioi
>f misbehavior in office or of any in
famous crime. Appointed officers
other than judges of the courts of re
cord and the superintendent of public
instruction, may be removed at tin
pleasure of the power by which they
snail have been appointed. All ol
tieers elected by the people, cxccpi
governor, lieutenant governor, mem
tiers of the general assembly anc
judges.of the courts of record, learn
ed in the law, shall be removed by tin
governor for reasonable cause, aftei
due notice and full hearing, on tin
address of two-thirds of the senate
ARTICLE < 11.
Oath of Office.
Sec 1. Senators and represeuta
tives and all judicial, state and coun
ty officers, shall, before entering oi:
the duties of their respective offices
take and subscribe the following oatl:
or afli r mation:
"I do solemnly swear for affirm;
that 1 will support, obey ami defend
the constitution of the United States
and the constitution of this common
wealth, and that 1 will discharge tin
duties of my office with fidelity; that
I have not paid or contributed, oi
promised to pay or contribute, eith
er directly or indirectly, any mones
or other valuable thing, to procuit
my nomination or election (or a~p
pointment), except for necessary and
proper expenses expressly authorized
bylaw; that I have not knowingly
violated any election law of this com
monwealth, or procured it to be dom
by others in my behalf; that I will
not knowingly receive, directly, <>i
indirectly, any money or other vain
able tiling for the performance or non
performance of any act or duty per
tainit to my office, other than the
compensation allowed by law."
The foregoing oath shall be admin
istered by some person authorized te
administer oaths, and in the case ol
state officers and judges of the su
preme court, shall be tiled in the of
fice of the secretary of the common
wealth, and in the case of other js
dicial and county officers, in the of
flee of tue prothonotary of the county
in which the same is taken; any per
son refusing to take said oath or af
firmation shall forfeit hi 9 office, and
any person who shall be convicted
of having sworn or affirmed falsely,
or of having violated said oath oi
affirmation, shall be guilty of perjnry
and be forever disqualified from hold
ing any office of trust or profit with
in this commonwealth. The oath to
the members of the seuate and house
of representatives shall be adminis
tered by one of the judges ot the
supreme court or of a court of com
mon pleas, learned in the law, in the
hall of the house to which the mem
bers shall be elected.
ARTICLE VIII.
Suffrage and Elections.
Sec. 1. Every mate citizen twenty
one years of nge, possessing the fol
lowing-qualifications, shall be entitled
to vote"at all elections:
First. He shall have been a citizen
of the United States at least one
month.
Second. He shall have resided in
the slate one'year (or if,'having pre
viously been a qualified elector or
native born citizen of the state, he
■- shall have removed therefrom and
returned, then six months It iintnedi
-5 ately preceding the election.
Third. He shall'have resided in
jtbeeleeliop district where he shall
111 offer to vote at least two months iin
mediately preceding the election.
| Fourth. If twenty-two years of
j age or upwards, lie shall have paid
y within two years a state or county
tax, which shall have been assessed
" at least two months and paid at least
, one month before the election.
,1 Sec 2. The general election shall
i-; lie held annually on the Tuesday next
. following the first Monday of Novein
y her, but the general assembly may by j
j law fix a different day, two-thirds of
1 all the members of each house cou
- seating thereto.
li' Sec 3. All elections for city, ward,
1 borough and township officers for
I regular terms of service, shall lie held
{ on the third Tuesday of February,
s; Sec 4. All elections by the citizens
- shall be by ballot. Every ballot voted
e I shall be numbered in the order in
P ; which it shall be received, and the
\ number recorded by the election of
e tieers on the list of voters, opposite
1 the name of the elector who presents
' j the ballot. Any elector may write
j his name upou his ticket, or cause
>i the same to be written thereon and
f attested by a citizen of the district.
■ The election officers shall be sworn
1 or affirmed not to disclose how any
j elector shrill have voted unless re
quired to do so as witnesses in a ju
j iicial proceeding.
: . See 5. Electors shall in all cases
except treason, felony and breach or
; surety of the peace, be privileged
- from arrest during their attendance
©
f on elections and in going to and re
turning tberetrom.
e | Sec C>. Whenever any of the quali
r lied electors of this commonwealth
e shall be in actual military service,
i under a requisition from the i'resi
- dent of the I nited States or by the
- authority of this commonwealth,such
; electors may exercise the right of
i suffrage in all elections by the citi
- zens, under such regulations as are
l or shall be prescribed by law, as ful
s ly as ii they were present at their
- usual places of election.
i Sec 7. All laws regulating the
- holding of elections by the citizens
- or for the registration of electors
- -hall be uniform throughout the state.
- but no elector shall be deprived of
- the privilege of voting by reason of
his name not being registered.
Sic S. Any person who shall give,
- or promise or offer to give to an elec
■ tor, any money, reward or other val
i liable consideration for his vote at an
- election or for withholding the same,
• or who shall give or promise to give
- such consideration to any other per
• son or party such elector's vote, or
• for the withholding thereof, and any
• elector who shall receive or agree to
receive, for himself or for another,
; any money, reward or other valuable
- consideration for his vote at an elec
[ j tion, or for withholding the same,
,-ihuil thereby forfeit the right to vote
• at such election, and any elector
• whose right to vote shall be chal
• lenged for such cause before the elee
, tion officers shall be required to swear
or affirm that the matter of the chal
lenge is untrue before his vote shall
be received.
See 9. Any person who shall, while
■ a candidate for office, be guilty of
i bribery, fraud or willful violation of
, any election law, shall he forever dis
qualified from holding an office of
: trust or profit in this commonwealth;
i and any person convicted of willful
violation of the election laws, shall.
! in addition to any penalties provided
by law, be deprived of the right of
• suffrage absolutely for a term of four
-
\ ears.
.See 10. In trials of contested elcc-'
• tions, and in proceedings for the hi
ve.-, titration of elections, no person
• shal! be permitted to withhold lii tes
timony upon the ground that it may
i criminate hi.list If or subject him to
! public infamy; but such testimony'
shall not afterwards be used against
him in any judicial proceeding. < x
cept for perjury in giving such testi
mony.
Sec 11. Townships and wards of
cities or boroughs shall form or lie
divided into election districts of com
pact and contiguous tei rit-ory, in such
manner as the court of quarter ses
: sious of the city or county in which
the same are located may direct; but
districts in cities of over one hundred
thousand inhabitants shall be divided
• by the courts of quarter sessions hav
ing jurisdiction therein whenever at
the next preceding election more than
two hundred and fifty votes shall
have been polled therein; and other
election districts whenever the court
! of the proper county shall be of opin
ion that the convenience of the elec
tors and the public interests will be
promoted thereby.
, i Sec 12. All elections by persons iu
a representative capacity shall be
'Viva voce.
Sec 13. For the purpose of voting,
no person shall be deemed to have
gained a residence by reason of his
: presence, or lost it by reason of his
| absence while employed in the ser
vice, either civil or military, of this
state or of the United States, nor
while engaged in the navigation of
the waters of the state or of the Uni
| ted states, or on the high seas, nor
j while a student ot auy institution of
j learning, nor while kept iu any poor
i house or auy asylum at public ex-'
petise, nor white confined in public
prison. -
Sec 14. District election boards
shall consist of a judge and two in
spectors, who shall be chosen annu
ally by the citizens. Each elector
shall have the right to vote for the
judge ami one inspector, and each in
rtpeotoE shall appoint One clerk.. The
tir>t election board for auy new dis
trict shall be selected, and vacancies
i jgmh -m
in election boards tilled as shall tie
provided by law. Klectioti officers
shall la' privileged from arrest upon
days of election and while engaged
in making up and transmitting re
! turns, except upon warrant of a court
of record or judge thereof for an elec-
I tion fraud, for felony, or for wanton
breach of the peace. In cities they
may claim exemption from jury duty
. during their terms of service.
Sec 15. No person shall be quali
fied to serve as an election officer
who shall hold, or shall within two
mouths have held any office, appoint
ment, or employment in or under the
! government of the United States, or
! of this state, or of any city or county,
or of any municipal board, commis
• sion, or trust in any city, save only
justices of the peace and aldermen,
notaries public, and persons in the
militia service of the state; nor shall
any election officer be eligible to any
civil office to be liiled at an election
at which he shall serve, save onl\ to
such subordinate municipal or local
! offices below the grade of city or
county offices as shall be designated
by general l;iw.
Sec 1(5. The courts of common pleas
of the several counties of the common
wealth shall have power within their
respective jurisdictions to appoint
overseers of election to supervise the
proceedings of election officers and
to make report to the court as may
lie required ; such appointments to be
made for any district in a city or coun
ty, upon petition of live citizens, law
ful voters of such election district,
setting forth that sucli appointment
is a reasonable precaution to secure
the* purity and fairness of elections;
overseers shall be two in number for
an election district, shall be residents
, therein, and shall be persons qualified
to serve upon election boards, and in
each case members of different polit
ical parties; whenever the members
of au election board shall differ in
opinion, the overseers, if they shall be
agreed thereon, shall decide the ques
tion of difference; in appointing
overseers of election, all the law
judges of the proper court, able to act
at the time, shall concur in the ap
pointments made.
.Sec 17. The trial and determination
of contested elections of electors of
president and vice-president, mem
tiers of the general assembly, and of
all public officers, whetuer stale, ju
dicial. municipal or lucai, shall be by
the courts of law, or by one or more
of the law judges then of; the general
assembly shall, bv general law, des
ignate the courts and judges by whom
the several classes of election contests
shall be tried, and regulate the manner
ol'trial and all matters incident there
to; but no such law assigning juris
diction, or regulating its exercise,
shall apply to any contest arising
out of an election held before its
passage.
ARTICLE IX.
Taxation and Finance.
Sec. 1. All taxes shall be uniform
upon the same class of subjects with
in the territorial limits.of the author-j
ity levying the tax, and shall be levied
and collected under general laws; but |
the general assembly may, by general
laws, exempt from taxation public!
property used for public purposes,'
actual places of religious worship,'
places of burial not used or held for \
private or corporate profit, and insti
tutions of purely public charity.
See 2. All laws exempting property
from taxation,other than the proper-'
ty above enumerated, shall be void.'
See 3. The power to tax corpora
tions andcorpoiate property shall not
l>e surrendered or suspended by any
contract or grant to which the state},
shall be a party.
See 4. .No debt shall be created by
or on behalf of the state except to
supply casual deficiencies ot revenue,,
repel invasion, suppress insin lection,
defend the state in war,or to pa\ ex
isting debt, and the debt created to
supply deficiencies in revenue shall j
never exceed in the aggregate at any
one time one .million of dollars.
See f>. All laws authorizing the.
borrowing of money by and on behalf
of the state shall specify the put pose
for which the money is to be used, and
the money so borrowed shall be used
for the purpose specified and no other.
Sec ('. Ihe credit of the common
wealth shall not lie pledged or loaned
to any individual, company,corpora
tion or association.
See 7. The general assembly shall
not authorize any county, city, bor
ough, tow nship or incorporated dis
trict to become a stockholder in any
company, association or corporation,
or to obtain or to appropriate money
furor to loan its credit to any corpo
ration, institution or individual.
Sec S. The debt of any county, city,
borough, township, tchool district or
other municipality, or incorporated
district, except, as herein provided,
shall never exceed seven per centum
upon the assessed value of the taxable
property therein, nor shall any muni
cipality or district incur any new debt
or increase its indebtedness to an
amount exceeding two per centum
upon such assessed valuation of prop
erty without the assent of the elect
ors thereof, at a public election, in
such manner as shall be provided by
law, but any city, the debt of which
now exceeds seven per centum of such
assessed valuation, may be authorized
by law to increase the same three per
centum in the aggregate at any time
upou such valuation.
Sec fi. The conimouwealth shall
not assume the debt, or any part
thereof, of any city, county, borough
or township, unless such debt shall
have been contracted to enable the
state to repel invasion, suppress do
mestic insurrection, defend itself in
time of win, or to assist the state in
the discharge of any portion of its
present indebtedness.
Bec !0. county, township,
school district or other ratmufpality
incurring any indefitedness, shall, .'it
or In-fore the time of so doing, pro\ ide
for the collection of an annual tax suf
ficient to pay llie interest and also the
! principal thereof within thirty years.
See 11. To provide for the payment
1 of the present state debt and any ad
-1 ditioual debt contracted as aforesaid,
the general assembly shall continue
and maintain the sinki.ig fund suf
ficient to pay the accruing interest on
such debt, and annually to ieduce the
principal thereof by a sum not less
than two hundred and fifty thousand
dollars; the said sinking fund shall
consist of the proceeds of the sales of
the public works or any part thereof,
and of the income or proceeds of the
sale of any stocks owned by the com
monwealth, together with other funds
and resources that may be designa
ted by law, and shall l*e increased
trom time to time by assigning to it
any part of the taxes or other reve
nues of the state not required for the
ordinary and current expenses of gov
ernment; and unless in case of war,
invasion or insurrection, no part of
, the said sinking fund shall be used or
applied otherwise than in the extin
guishment of the public debt.
See 12. The moneys of the state,
, over and above the necessary reserve,
shall l e used in the payment of the
debt of the state, either directly or
through the sinking fund, and the
moneys of the sinking fund shall nev
er be invested in or loaned upon the
security of anything except the bonds
of the United States or of this state.
Sec Id. The moneys held as neces
sary reserve shall be limited by law
to the amount required for current
expenses, and shall be secured and
kept as may be provided by law.
Monthly statements shall be publish
ed showing the amount of such inon
eys, where the same are deposited,
and how secured.
Sec 11. Tne making of profit out
• of the public moneys, or using the
same for any purpose not authorized
by law, by any officer of the state or
member or olfice r of tile general as
sembly, shall be a misdemeanor, and
, shall be punished as may lie provide*]
by law, but part of such punishment
shall be a disqualification to hold of
fice for a period of not less than live
years.
ARTICLE x.
Education.
Sec 1. The general assembly shall
provide for the mairteiiance and sup
port of a thorough and efficient sys
tem of public schools, wherein all the
children of this commonwealth above
the age of six years, may lie educated,
and shall appropriate at least one
million dollars each year for that pur
pose.
JSec 2. No money raised for the sup
j port of the public schools of the coiu
: mouwealth shall he appropriated to
; or used for the support of any si cta
rian school.
Sec 3. Women twenty-one years of
age and upwards shall be eligible to
any office under the school laws of
this state.
ARTICLE XI.
Mititia.
Sec 1. The freemen of this com
monwealth shall be armed, organized
and disciplined for its defense when
and in such manner as may be direct
ed by law. The general assembly
shall provide for maintaining the mi
litia by appropriations from the treas
j ury of the commonwealth, and mav
exempt from military service jiersons
having conscientious scruples against
bearing arms.
[
ARTICLE XII.
Public Officer*.
Sec I. All officers whose selection
is not pro\ ided for in tiiisc institute n
shall be elected or appoint en as may
lie directed by law.
2. No inembcrofcongress from
this state, nor any person holding or
exercising any office or appoint nu-nt
of trust or p olit under the United
States, shall at the same time hold or
exercise any office in this state to
wiiieli a salary. Ices or perquisites
shall be attached. The general as
senibh may h\ law declare what of
fices are incompatible.
Sic 3. Any person who shall fight
a duel or send a challenge for that
purpose, or lie aider or abettor in
fighting a duel, shall be deprived of
tin* right of holding any office of hon
or or profit in this state, and may be
otherwise punished as sh; 11 be pre
scribed by law.
ARTICLE XIII.
Sew Counties.
Sec 1. No new county shall be es
tablished which shall reduce anv
county to less than four hundred
square miles, or to less than twenty
thousand inhabitants; nor shall any
county be formed of less ar a, or con
taining a less population, "nor shall
any line tin reof pass within ten miles
ol the county seat of any county pro
posed to be divided.
ARTICLE XIV.
County Officer*.
Sec 1. County officers shall consist
of sheriffs, coroners, prothonotaries,
registers of wills, recorders of deeds,
commissioners, treasurers, surveyors,
auditors, or controllers, clerks of the
courts, district attorneys and such
others as may from time to time be
established by law ; and no sheriff or
treasurer shall be eligible for the term
next succeding the one to which he
may be elected.
t*ec 2. County officers shall be el
ected at the general elections, and
shall hold their offices for the term of
three years, beginning ou the first
Monday of January uext after their
election, and until their successors
shall be duly qualified: all vacancies
not .
.filled ui suc.i maim er 19
Vute 1 by law.
Sec 3. No sVi I
cd to any office wj.
who shall not have uJ ' 1
an inhabitant therein,, 1
lieforC his appointment Bj
shall have liecn H0 ■
if it shall not have he,
ed, then within the ii
or counties out ofwhic .' *■
been taken.
Sec 4. I'rothonotarh,
courts, recorders of
of wills, county >u lm I
ill's shall keep theiroftj', ~v
ty town of the count; I
respectively shall ' ! E
Sec 5. The coriqiensat
officers shall he regulj, §§
and all county oftieeis
may lie salaried shall
which they may be auth-.j H
ceive into the treasury I
or staW, as may IK* DIRTR-1 I
In counties containing, . Eg
died and fifty thousand
all county officers shall U I
salary, and the salary of a ., B
ficer and his clerks' here; |
by fees, shall not exce*,) J
grate amount of fees
his term and collected h v . [
Sec f>. Tlic general as., B
provide by law forthetri .
ability of all county, t., W(1 ,8H
borough officers, as w. H EH
which may IK- collected i, OF
for all public or munici;lsl
which may l>e paid to thtu f|
Sec 7. Three county
ers and three county au.fi; ||
lie elected in each county *
cfliccrs ars chosen, in tV -
thousand eight hundred a: [ 3
five, and every third yearr 1
and in the election of said „i!j KB
qualified elector shall votefo- K|
than two persons, and the: H
sons having the highest n„ H
votes shall lie elected; am
cancy in the office of COULU
sioner or county auditor
ed by tbe court of coran
thecounty in wtiic'usyiehvi , I
occur, by the npjmititniuit!
tor of the proper county *
have voted for tiie eoum s
auditor yvhose place is tpbel |
ARTICLE XV.
Cities and City Chan-'
Sec 1. Cities may it ■
whenever a majority of tin •
anv town or borough ha\ -
lation of at least ten thoiM,
vote at any general election i
of the same.
Sec 2. No debt shall -vvnv-Bj
or liability incurred by any in I
commission, except in purs I
an appropriation pre viois, H
therefor by the inimic-ijial .■
ment.
See 3• K very city shall err:i> fl
ing fund, which shall lie it fl
pledged for the payment of .1
cd debt.
ARTICLE XVI.
Prirote Corporation!.
Sec 1. All existing char:
grants of special or CXCIIIMV-:
leges, under which a bona fid- :
ization shall not have taken |>
business commenced at the
tin* adoption of this cots'
shall thereafter have no vali
Sec 2. The general ossein
not remit the forfeiture of t
ter of any corporation now ei*
or alter or amend the same,
any other general or -peciai
the U-nefit of such corporation •
on the condition that >uch corpe:-
shall thereafter bold itscharu
to the provisions of this cons'."
See 3. The exercise of the rg
eminent domain sliall HO'
abridge*} or so construe*! w'■
vent tin* genera! assent 11}' ft*
ing the pr< jierty of ine .rji -ni.
panics, and subjecting t :* ini
lie use, the same as tin prop
individuals; and the cxitci' :
police power of the state >.,:* i.
IK a bridge* I or so construed a
miteorporai'.ou- to conduct t:;
iiu ss in such u.aiw-ci astniiiliiii.
equal rights of individuals ot tl
eral well being ol the state.
Sec 1. In all elections foi din
or managers of a <•* ipofutoi
member or shanholder may -■
wliole number of liis votes to"
candidate, or distiibute tl.effl
two or more candidates,as *
prt fer.
Sec 5. No foreign ,r
do any business iu this state
having one or more known |
business, and an authorize !::
agents in the same, upon
cess may be served.
Sec 6. No corporation slut. '
in any business other than '■ >
pressly authorized in its char'**
shall it take or hold any re*
except such as may be
proper for its legitimate
Scc 7. No corporation •
stocks or bouds except for ;1
or labor done, or money or p*
actually received ; and all '■
increase of stock or indebted j
corporations shall not he i!l ' ,
except in pursuance of gt' ri<ni ,
nor without the consent of' 3'
sons holding the largerainour 1
ue of the stock first ohtm 1
meeting to be held alU'f s ' x
notice given in pursuance t'- 1
Sec W. Municipal and otU
rations and individuals iyc*'
the privilege of taking pri^ 1
erty for public use sha" ti,J ".
compensation for property i' l
jured or destroyed by the ,
lion or enlargement of t i!l s t
highways or improveuuDt*
compcusaticn shall be paid or
before such taking, injur} - . ,
tion. The general asstin) . 1 ;
by prohibited from deprivi'* £
son of an appeal from my p *■ "