he had si -wd't unless the general as
sembly, l.iy H: ir adjoin im *.t. pn vent
i : i return, ia which case it shall Income
u law unless he shall Ilk- the s un.", Willi
his objections, in tlmiKfico d the seero
t try of i!." i iiuimniWi alth and give no
tice tb( r< of by public proclamation with
in thirty days after such adjournment.
Stin. The governor shall have power
to disapprove of any item or items of any
bill mukkigapp; opriations of mom y em
bracing lii.-tinct items, and the parts of
the biii approved shall lie the law and
the item or items of appropriations disap
prove <! shall be void unless repassed ac
cording i • i the rules and limitations pre
scribed for the passage of olh r bills over
the < tr-cuiiv. vtto.
Sec 17. Thechiet'just iceof t he supreme
c.v [ s! all pr< side upon the trial of any
i "o ; i st-. d el* l lion of governor or lieuteu
■ - lit gov*'rnor and shall deride questions
, .ending the admissability of -\ idenee
suulshall, upon request of tlioeonimitt' e.
] : nee liis opini* n uj on other ques
tions of law iuvohtd i:i the trial. The
g- vernorat.il lietit*-nant governor shall
M-.-ejse the duties of b ir resjH'etive
* Hie* s until their successors shall Im- da
is qualiii* *l.
See 18. Th secretaryoi the coroinon
weajth shall keep a record of all ollicial
acts-11.1 pro*t . liugsi.f the governor and
v !u-n required lay the same, wit li all uiiu
ut* - ;<! *1 vouchers relating thereto. lx'-
t**ii iitl or brati'-h <•! the g ueral assem
bly 'itl iicmi such other duties as
in iv ' ■ *ined upon him by law.
In.- - eretary of inter:.;:! af
fairs s!ia!l exercise all the powers and
; ;oitit all t.o duties ni tiie surveyor
'.:u ' .snl.' rt to >i!(*li-eli:u;g;-s as shall
1 • n:: : I' -.v. His department shad
i mb:a* e:. : are; it oi' ileitis: rial statist ies
;, d drill discharge sucli duties relat
ing to c 'H-ratioi:s. to tic-charitable in
s. dip.! . „h ul,: .a!, lu.lliufac
turiiig. ; e i".Muiu*Tal. timharand oth
er ni i**; i.il or business interests of the
state as may be prescribed by law - . IK-
S' l i:l : e.uii'.lly. iin*l at Mich other times
ma 'e rt ;■. red by \v tnako report
i i lite g . av-i mbly..
: e SI!,-: i illU'i -!. !.t ' i public
. *
an ! perform all the duties of the snper
t . i at f eoiiimon schools subject t*
s-;c!t e!.;ti:g's as Shall b. ta.ee- by law.
- e -1. T!:i- b riu oi' tin rtiaiy -f
interna! alTaiis shall be four \i u; nl the
and;!,-i . rul Hun ye.;: - and ->f the
state treasur* rt wo years. These officers
.! 1* s. ii 1 \ the qualiiieil i-lectors
N <
person elected to the othee of auditor
g it* i: o. ' ite 11 aasotvr si tall he capa
ble of holding the same olliec l'or two
consecutive term
See T- t pr- sent gn-a! seal of I'enn
s... mia sh.ol he the si ai of the state.
Al! cm: m—a us i„. in ue nanie
and by authority of the < oiutii..iiwealth
of IVni-syh aia ami In- sealed with the
-
A.: rn i i: v.
.
roonw alth -hail he Vested in the su
j : 1 .. t. i oiu ■> ol (ainiiiioii pit is.
i out ts oi over and terminer and genera!
ja;l (U li i iy. i. uris of quarter sessions
if the ii ie. orpiians" courts. magis-;
t.abs' !" ami in sueh o:h*-i courts
as the g sal as----m!ly may frotu time '
to time establish.
ih* Up'.Yine ei :,. i .-bail * usist
Oi - veil indgt >. Wis) - ' ail l-e eii . h d i>y
t'.- i ; .l dei'-clot'softiiestate-it large. 1
1
"I t\vt . - ■:<<■ \ ears, it liiey mi long !*.*-
eiigii-: . The judg,- w a-- commission
shall 1 1 -st evpire shall U- chief jusriee.
and tin . ..cr las . judg;- whose enm
'
,
t th. 1! '.l*;.*! ins r t!a* state and the
in . ; ; 'sail. ! y virtue of t hell
■
as! •: s :. ! jail ik lin ; , in the si -.era] '
*'Ci!' ,: • bey shall haw original juris
liieti- t" injunction ;.:;*! where
; an; b party d-h mb-nt. • !'ka
li !-• :p. : ina-idat.ms to courts of
inf-.-i ;o,- j.t: i diet iiiii, a ail oi tp;** warnin
' > 11 ialii r.s of the common w< alth
v !i -tiolle vtell-is-.v ! t lie st alt*
1-'. - - a . i;- t >. -re.se a.: otliei original
■
arisiii -b >u P-. sop. ;i. ■ .-rtiorari or writ
of t-rro, ia ail eases.; - :s now or may
.
rn--- I. 1 ni a otheru i-edirected by law
t :f c ittsoi eomm-'U p'*shall eon
la .i • a pres. lit i - <b!isi:ed. except
: • •
.. as; ;
: . . aid
" V . in - a ( . . . . -null coti
' st ; ' -: ■ judicial di-t; i-.-t
: ' 1.. t <aii judge i. .tlied in the
1 !- nerala nibly shall juo
" I idg . li e! i silll SS
*-i . -11 ' i• quire, i oiui
n ; -pi ; i It s- than is
-
!1 .- ;ia d no i i*. i,ii ii* single
• I'e-t.s d :u he Ultuetl
! li - • sHi gene:,ii
si 1 I'm • ifhre ol as
• - S . •: !•■-■:. u
-. •! 11 g sej-siiie
•
;. - . ■ til • hi uth eon-titnt:- a
as
.
> .11 . diet i ai and
' b-d !.- e. mis
a ill c ••i . - i i e U.'.iio : jil.-,*!> -nbjeet to
e. as may li osale b this
eoi st a a ,n , law . -hali I•. in I'nil
;-ai- 1; lis'", ami in Al'.eg!:--
t'v -. . o drnti; rt an ! separab- i-mirtn
0. i.. ; ual .md i ordmuie jurisdiction.
i :: Ipiii.. -iiall lx* designa
-1111 it -p-. 11\i : as the eo;;i tot common
1 i-.a • uiiadi r t wo. i. itnlx r
i .ee I t. -— 1 r i sir, . i in A!U gh<
ny - th--e ins . 1 couuuoii i>!i-as uumiier
.1 liuuib;;- two: but tin- uuiulM*r
' s is :a i\ be I - i iner* as-d,
a t:ue to te. and -iial 1 in- in iike
S
I t aniiii r iif judges i u any of said
- or ii ,ur. county w .ere the .s
--fahi ami ul . : , u additional court tnay
beaut!: ri. d iy law. may in-in n-astd
! time :o tuui : and whetii-Mf sueh
I.ai'i-:.--' 1 enmnni to ti.rec. such
ttin ; ai.es shall ei im, os a distinct-and
-
1- tni in reti asatbri 1. In I'niiadel
( 1 a all sttiis shall l- institutio in t,,e
s- 1 ' .-.Ms of emm i i i-...s \ ill,out
i - g p :g i i numbt r ~t said court,
and to > >.,! ioi.,i.s shall distribute
and a] portion ; i--1.,- . -- ~aiong tin m
in- i niamu ras s! ,!1 b* provided by
i ult -of eoa . . u*l each . ourl to wlneii
■
t ■ :.g. I venue, as siiall lie provided
! v 1: Ai! glit-: each eo ut shall
Is. i- ■ \iu ,s;\e jurisdiction oi al! pro
< gsat 1: w ami iiii <in * . eoiiitneiH-i *1
t ' -"in. s. . to el .tug*- "I M line as
MSA fx provi.lnl ~v In
- l r da'*;, s •: <!*■ si-.ah u>
' M, - 0., r- . in; olc- pi o
b ii ! , oiirts. t*. ix- up
-1 out t>. .. 1!<!
. .11 a . I.Jet to
■removal by a majority of saiil judges;
•' tin said protbonotary shall appoint sueh
assistants as may be necessary and au
thoriz -d by said courts, and be and his
assistants shall ice.-ive fixed saltnies, to
fx- determined l>y law and paid by said
county : all fees colledtfcd in said office,
t .v-epi such as may fe law due to the
eoiniuonwealth. shall lx* paid by the pro
tbonotary intothei-ouuty treasury. Kaeh
court siiall have its separate dockets, ex
cept the judgment docket, which shall
contain the judgments anil liens of all
tin* said courts, as is or may be directed
by law.
See s. The said courts in tlie counties
1 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 countii-s in such manner us may
l>e directed by law.
See 9. -I udgesot the courts of common
: pleas learned in the law shall be judges
of i .he courts of oy -rand terminer, quar
ter sessions of the |x*aee ami general
jail ileliv* ry and of the orphans" court,
ami within their respective districts shall
( he justices of the peace as to criminal
matters.
See 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 ot record, and
to cause their proceeding to he brought
before them anil right and justice to be
done.
See 11. I'xeept as otherwise provided
in this ci >n>l it ut ion. just ices of t ie peace
or aldermen siiall lx* elected in the seve
ral wards, districts, boroughs and town
ships at the time of the election of cou
slnl ties. by the qualified electors thereof,
in such manner as siiall be directed by
law ami shail be commissioned by the
governor for a term of live years. No
township, ward, district or borough shall
. Jeet more than i wo justices of the peace
or aldermen without the consent of a ma
jority of the qualiiieil electors within
such township, ward or borough: no per
son shall be i leeteil to sueh office unless .
in* shall have resided within the town- •
ship, borough, ward or district for one
\ arm \l precediughisclei! ion. I licit ies
containing over fifty thousand inhabi
tants not more than one alderman siiall
; be elected in each ward or district.
Sec Id. lit Philadelphia there shall lx
established, for each thirty thousand in
habitants. one court, not of record, of
police ami civil causes, with jurisdiction
not exceeding one hundred dollars: such
court - shall be held hy magistrates whost
term of office shall be the years ami they
' shall be elected <*n general ticket by the
qualified voters at large; and in the elec
tion of t he said magistral* s no voter shall
vote for more I liau I wo-thirilsof theniim
: lx-r of persons t-> IH- elected, when lnon*
;ban one are to he chosen: they shall 1x
• •oinp usiit' d oi !y by li vd salaries, lolx
paid b\ said county, ami shall exercise
si;, h j , isdietion, civ il ami criminal, ex
ec pt a> herein provided, as is now exer
i- ii i \ aldermen, subject to such
changes, not involving an increase of
civ ii "pii '.-diet ion or conferring polit ieal
dill ies. as may be made by law. In Phil
adelphia tin* office of alderman is abol
;shed. . ;
>ec lb. All fees, tines and pelialt ies in
said courts si all be paid into the county
11 .
See 14. In all eases of summary eon- 1
\ ietionintl is common wealth, or of jndg
! m(-iit in suit for a penalty lx fore a magis
t rate or court not < >f record, either party
niav ajipeal to sueii court ol record as
•ne In- pr* scribed by law. upon allow
ance of tiie appellate court or judge
thereof, upon cause shown.
See 10. All judges required tolx le.irn
"<l in the law. except the judges of the
atpicme court, shall lx- elected by the
jiialilied eleetoi - of the rt speetive (lis-.
irivtsovi-r wliieli they are to preside and
shall hold tht ir offices for the period of
ten veurs, if th.ey shall so long behave.
' themselves well: but lor any reasonable
\utse. which shall not lx* sufficient
grouml for impeaehnient. the governor
may remove any of them on the address
' ot tw>-thirds of each house of the gen-;
ral assembly.
st-c 1>. Whenever two judges of the
, su]n me court are to lx- chosen for the
same term of service, each voter shall
vote for one only, and wlieu three are to
in- chosen lie shall vote for no more than ,
two: candidates highest in vot* shall lx--
•i* dared elected.
S c 17. should any two or more judges
• f i'm- supn me court, or any two or more
jtnlges of the court of common picas for
the same district, be elected at the same
t intc. the. slut!!, as soon after the elec
tion in conveni* nt. east lots for priority
of eiiiiiniis-ion and certify th*- result to
I .■ governor, who shall issue their com
missions in arcontance tlierewitli.
sec l v . The judges "1 the supii-me
i nurt and the iu*ig* s of the several courts
.il common pleas, and ail other judges
required t'* be learned :u t!:<- law. shall,
al stat*-il times, rceive for their ser
vices an adequate compensation, which
shall be fixed by law and paid by the
stale. -I'i.i > shall receive iio other com
pel! atioii, fees or jx-npiisiti s of office
;,i|- tiieir services I'rolu any source nor
hold any other office ot proiit under tlie
i iiiteii -states, tliis state or any other
slat.-.
. p). I'he judges of the supreme
•■nut. during their continuance in <>f
ii'-c. siiall I'-siii*- within this eoMinoii
wealtli : and the other judges, during
their continuance iu office, shall reside
\v i. !.i:i the (list; icts fm- -,\ hieli they shall
be rcsjieetively elected.
. _'* i. The several courts of eom-
U!'n pleas, besides the powers herein
cont'd red. shall have anil exercise w ith
m their respective districts, subject to
siicli changes as may be made ly law.
-ucii chancely pow* rs as are now vesU *1
b\ law in t lie several e*urts of eomnioii
pleas of this commonvvcalt h. *n- as may
be: ratter le conferred upon theinby law.
Sec l!l. No dutii - siiall Ix* imposed by
law upon the supume court or any of
tin judges thereof, except such as are
judicial, nor shall any of the judges there
of < xereisi any power**!' appointment ex
cept as herein provided. The colli tot'
nisi prills k In rel'V ni "dished and no
court of original jurisdiction to ix- pre-'
sidtd over by any one or more of tin
supreme court shall be established.
"-et- g'g'. In every county wherein the
imputation shall exceed one hundred an* I
lifty thousand the general assembly shall,
and in any other county may. establish
a separate orphans* court, to consist of
• lie or im >re judges who shall be lea rued
ni the alvv. which court shall exercise ail
the jurisdiction ami powers now vested
imorwhi h may hereafter I*e conferrt-d
ii j.oil, the oi piuuis' com Is. ui'l tin l c;;p
*>u th. jui i ii:< tioii of tin- judgi sot ti.e
court of common pleas w itliin sueh eoim
ly. iu oipoans" court pioeeediiigs. shall
cease and *l* tei iniuc: in any county iu
v\ hieli a separate orphans" court shall lie
, stablislu-il tlic register *1 wills siiall lx
clerk of such court ami subject to its di
rect ion in all matters |x-rtaining to his
iffiice: he may appoint assistant clerks,
but only with the consent ami approval
ot said court. All accounts lih-d with
hint as register or a- clerk ot the said
separate orphans" court shall lx* audited
by the coin t without e\|x-nst* to parties,
t \e. pt where all parties in interest iu a
pending proceeding shall nounnate an
auditor whom the court may, in its dis- j
eretion, appoint. In i very county or-',
plains' courts shall possess all the powers '
and jurisdiction of a register's court, and
separate registers' courts are hereby j
abolished.
Sec -3. Tiie style of all process shall
be "The Commonwealth of Pennsylva
nia.' 1 All prosecutions shall be carried
on in the name and by the authority of
the Commonwealth of Pennsylvania and
conclude against tlre jreace and dignity
of the same.
Sec 24. In all cases of felonious homi
cide, and in such other criminal cases as '
may be provided for by law, the accused,
after conviction and sentence, may re
move the indictment, record and all pro
eeediugstothe supreme court for review.
Sec 25. Any vacancy happening by
death, resignation or otherwise, in any
court of record, shall N- tilled by appoint
ment by the governor, to continue till
the first Monday of January next suc
ceeding the tirst general election which
shall occur three or more months after
the happening of such vacancy.
Sec 20. All law's relating to courts shall
la-general and <>t uniformoperation and
theorganization, jurisdictionand powers
of all courts of the same class or grade,
so far as regulated by law, and t lie force
and effect of the process and judgments
of such courts shall be uniform: and the
general assembly is hereby prohibited
from creating oilier courts to exercise
the powers vested by this constitution
in the judges of the courts of common
pleas and orphans' courts.
Sec 27. The parties, by agreement tiled,
may. in any civil case, dispense with
trial by jury, and submit the decision of
such case to the court having jurisdic
tion thereof, and such court shall hear
and determine the same: and the judg
ment thereon shall lie subject to writ of
error as in other cases.
ARTICLE VI.
[mjh (irlnnenf and Removal from
Office.
See 1. The house of reprosenta
. t'.vcs shall have the sole power of
impeachment.
See 2. All impeachments shall be
tried by the senate; when sitting for
that purpose, the senators shall be
upon oat it or attirmation; no person
shall be convicted without tee con
currence of two-thirds of the mem
bers present.
See 3. The governor and all other
civil officers shall be liable to im
peachment for any misdemeanor in
office, I nit judgment in >iich eases
shall not extend further than to re
moval from otiice and disqualification
to hold any otiice of trust or profit un
der this common wealth; the person ac
cused. whether convicted or acquit
ted, shall nevertheless be liable to in
dictment. l rial, judgment and punish
ment according to law.
Sec 4. All officers shall hold their
oltices oil the condition that they be
have themselves well while ill office
and shall be removed on conviction
, of mi behavior in otiice or of any in
famous crime. Appointed officers
; other than judges of the courts of re
cord and the superintendent of public
instruction, nun lie removed at the
pleasure of the power by which they
shall have been appointed. \ii of
ficers elected by the peoph . except
governor, lieutenant governor, moni
tors of the general assembly and
judge-, of the courts of record, learn
ed in the law. shall be removed by the
governor for reasonable cause, a tier
due notice and fuil hearing, on the
address of two-thirds of the senate.
AIITK LE \ 11.
Oath of Off re.
Sec I. Senators and representa
tives and all judicial, state and coun
ty officers, shall, before entering on
the duties of their respective ollices,
take and subscribe the following oath
, or alii'mat ion:
"I do solemnly swear (or affirm)
that 1 will support, obey and defend
the constitution of the I'nited States
and tlie const it ul ion of this common
wealth. and that 1 will discharge the
duties of in \" office with fidelity; that
i have not paid or contributed, or
promised to pay or contribute, eith
er directly or indirectly, any money
or other valuable tiling, to procure
in\ nomination or election (or ap
pointment), except for necessary and
proper expenses expressly authorized
by law; that I have not knowingly
violated any election law of this com
monwealth, or procured it to lie done
by others in my behalf; that 1 will
not Knowingly receive, directly, or
indirectly , any money or other valu
able tiling for the performance or non
performance of any act or duty per
taining to my office, other than the
compensation allowed fi\ law."
I'lie foregoing oath shall be admin
istered by sonic person authorized to
administer oaths, and in tht; case of
slate olliccrs and judges of the -u
--prenie court, shall be filed, in the of
fice of the secretary of the common
wealth. and in the case of other ju
dicial and county olliccrs. in the of
fice of the protlionotary of the count v
in which the same i- taken; any per
son refusing to take said oath or af
firmation shall forfeit his office, and
any person who shall be convicted
of having sworn or affirmed falsely,
or of having violated said oath or
affirmation, shall be guilty of perjurv
and !>e forever disqualified from hold
ing any office <>l trust or profit with
in this common w ealtli. The oath to
the members of the senate and house
of representatives shall be adminis
tered by one of the judges of the
supreme court or of a court of com
mon pleas, learned in the law. in the
hall of the house to which tiie mem
ber- shall lie elicted.
ARTICLE VIII.
S"ffro<je and Elections.
S> c. 1. Kvery male citizen twenty
one years of age. possessing the fol
lowing qualification-, shall be entitled
to vote at all elections:
First, lie shall have bet n a citizen
of the I'nited States at least one
month.
Second. He shall have resided in
the state one year (or if, having pre
viously been a qualified elector or
native born citizen of the state, he
I " ' „ ~ :
j shall have removed therefrom and .
j returned, then six months) imrnedi- ■
ately preceding the election.
Third, lie shall have resided in
| the election district where he shall
otl'er to vote at least two months im
mediately preceding the election.
Fourth. If twenty-two years of
age or upwards, lie shall have paid
within two years a state or county
tax. which sliall have been assessed
i at least two months and paid at least
one month before the election.
See 2. The general election shall
lie held annually on the Tuesday next
follow ing the first Monday of Novem
ber, but the general assembly may by '
law fix a different day, two-thirds of
all the members of each house con- 1
; senting thereto.
Sec 3. All elections for city, ward,
borough and township officers for
regular terms of service, shall be held
on the third Tuesday of February.
Sec 4. All elections by the citizens
shall be by ballot. Every ballot voted
shall be numbered in the order in
which it shall lie received, and the
number recorded by the election of
ficers on the list of voters, opposite
the name of the elector who presents
the ballot. Any elector may write
his name upon his ticket, or cause
the same to he written thereon and
attested by a citizen of the district.
The election officers shall be sworn
or affirmed not to disclose how any
elector shall have voted unless re
quired to do so as witnesses in a ju
. 'Metal proceeding.
Sec y. Electors shall in all cases
except treason, felony and breach or
surety of the peace, be privileged
from arrest during their attendance
on elections and in going to and re
turning therefrom.
Sec 6. Whenever any of the quali
fied electors of this commonwealth
shall be in actual military service,
under a requisition from the Presi
dent of the I'nited States or by the
authority of this common wealth, such
electors may exercise the right of
sulfrage in all elections by the citi
zens, under such regulations as are
or shall be prescriled by law, as ful
ly as if they were present at their
usual places of election.
Sec 7. All laws regulating the
holding of elections by the citizens
or for the registration of electors
shall lie uniform throughout the state,
but no elector shall be deprived of
the privilege of voting by reason of
his nainc not being registered.
Sec 8. Any person who shall give,
or promise or offer to give to an elec
tor, any money, reward or other val
uable 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 nionev, reward or other valuable
consideration for hi- vote at an elec
tion. or for withholding the same,
shall thereby forfeit the right to vote
at -uch election, and any elector
whose right to vote shall bo chal
lenged for such cause before the elec
tion officers shall be required to swear
or nllirm that the matter of the chal
lenge is untrue before his vote shall
lie received.
S. efi. Any person who shall, while '
a candidate for otiice, be guiltv of|
bribery, fraud or willful violation of
anv election law, shall IK* forever dis
qualified from holding an office of
trust or profit in this common wealth;
and any p< rson convicted of willful
violation of the election laws, shall,
in addition to any penalties provided
by law, lie deprived of the right of
siill'ragc absolutely for a term of four
years.
See 10. In triiils of contested elec
tions. and in proceedings for the in
vestigation of elections, no person
shall Ik-permitted to withhold his tes
timony upon the ground that it may
eliminate hi nself or subject him to
public infamy; but such testimony
shall not*aftei w arf- be used against
him in any judicial proceeding, ex
cept for pcijury in giving such testi
mony.
Sec 11. Townships and wards of
cities or boroughs shall form or be
di\ ided into election listriets of com
pact and contiguous tei ritory. in siu-li
manner as the court of quarter ses
sions of the city or county in which
the same arc located may direct; but
districts in cities of over one hundred
thousand inhabitants-hall be divided
by the courts of quarter sessions hal -
ing jurisdiction therein whenever at
the next preceding election more than
two hundred and fifty vote- shall
have been polled therein; and other
election districts whenever the court
of the proper county sliall he of opin
ion that the convenience of the elec
tors and the public interests will be
promoted thereby.
See 12. All elections by persons in
a representative capacity sliall be
\ iva voce.
Sec 13. For the purpose of voting,
no per-on shall he deemed to have
gained a residence by reason of hi
presence, or lust it by reason of his
absence while employed in the ser
vice. either civil or military, of this
state or of the 1 nited States, nor
while engaged in the navigation of
the waters of the state or of the I'ni
ted states, or on tlie high seas, nor
while a student ot any institution of
learning, nor while kept in any poor
house or any asylum at public ex
pense, nor while confined in public
prison.
Sec 14. Pistnet election boards
shall consist of a judge and two in
spectors. who shall be chosen annu
ally b\ the citizens. Each elector
shall have the right to vote for the
judge and one inspector, and each in
spector sliall appoint one clerk. Ihe
first election board for any new dis
trict -hall be selected, and vacancies
in election boards filled as shall be
provided by law. Election officers
shall be privileged from arrest upon
i 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
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 sliall be quali
[ tied to serve as an election officer
I who shall hold, or shall within two
months have held any office, appoint
ment, or employment in or under the
! government of the United States, or
j 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 tilled at an election
:.t which he shall serve, save only to
such subordinate municipal or local
offices below the grade of city or
county offices as shall be designated
by general law,
isec lfi. The courts of common picas
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
be 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 such appointment
is a reasonable precaution to secure
the purity and fairness of elections;
overseers sliall lie two in number for
an election district, shall be residents
therein, and shall be persons qualified
to serve upon election boards, and in
each ease members of di lie rent polit
ical parties; whenever the members
of an election board -hall 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, meio
liers nf the general assembly, and of
all pubtii officers, whether stale, ju
dicial, municipal or local, shall be by
the courts of law . or by one or more
of the law judges thereof; the genera!
assembly sliall. by general law. des
ignate the courts and judges by whom
the several classes of election contests
shall be tried,and regulate the manner
oftri'al and all matters incident there
to; but no such law assigning juris
diction, or regulating exercise,
sliall 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 iiinits of the author
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, 1
! places of burial not used or held for
private or corporate profit, ami insti
tutions of purely public charity.
Sec 2. All laws exempting property
from taxation, other than the proper
ty above enumerated, -ball be void.
See 3. The power to tax corpora
tions and corporate property shall not
lie surrendered or suspended by any
contract or grant to w ..ich 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 of revenue,
repel invasion, suppre— insurrection,
defend the -late in war,or to pa\ ex
isting debt, and the debt created to
supply deficiencies in revenue shall
never exceed in the aggregate at an\
one time one million of dollars.
Sec 5. All laws authorizing the
borrowing of money by andonliehalf
of the state shall speedy tiie purpose
lor which tlm money i- to be used, and
the nionev so borrowed -hall be used
for the purpose - pee i lied and noother.
Sec The credit of the common
wealth sliall not be 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
foror to loan its credit to any corpo
ration, institution or individual.
See 8. The debt of any county, city,
borough, township, ichool district or
other municipality, or incorporated
district, except as herein provided,
shall never exceed seven per centum
upon the assessed \ alue oft he taxable
property therein, nor shall any muni
cipality ordistrict inetirany 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 a> shall bo provided In
law, but any city, the debt of which
now exceeds seven pcreentum of sin-li
assessed valuation, may be authorized
by law to increase the same three per
centum in the aggregate at any time
upon such valuation.
Jh'c fi. The commonwealth shall
not assume tlie debt, or any part
thereof, of any city, county, borough
or tow nship, unless such debt shall
have been contracted to enable the
state to repel invasion, suppress do
mestic insurrection, defend itself in
time of wa.. or to assist the state in
the discharge <>l any portion of its
present indebtedness.
Sec 10. Any county, township,
school district or other municipality
incurring any indebtedness, shall, at
or before the time ofso doing, provide
for the collection of an annual tax suf
ficient to pay the interest and also the
principal thereof within thirty years.
See 11. To provide for the payment
of the present state debt and any ad
ditional debt contracted as aforesaid,
, the general assembly shall continue
and maintain the sinking fund suf
ficient to pay the accruing interest on
sueh 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 o!"
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 be increased
from time to time by assigning to it
any part of the tuxes or other reve
nues of the state not required for the
ordinary and current expenses ofgov
ornment; and unless in case of war.
invasion or insurrection, no part of
• the said sinking fund shall he used or
applied otherwise than in the extin
■ guishnicnt of the public debt.
ScC 12. The moneys of the state,
ovei and above the necessary reserve,
shall be used in the payment of the
debt of the state, either directly or
through the sinking fund, ami the
moneys of the sinking fund shall nev
er be invested in or loaned upon the
security of anything except the bonds
of the I'nited States or of this state.
Sec 13. The moneys held as ncces-'
sari 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 he publish
ed showing the amount of such mon
eys. where the same are deposited,
and how secured.
See 14. The 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 office of the general as
sembly, shall Ik.' a misdemeanor, and
shall be punished as may be provided
by law. hut part of such punishment
shall he a disqualification to hold of
fice for a period of not less than live
years,
ARTICLE X.
Education.
See 1. The general asternh|y shall
provide for the maintenance and Mip
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 be educated,
and shall appropriate at least one
million dollars each year for that pur
-1 iose.
See 2. No money raised for the sup
port of the public schools of the coin
; uionwealth shall be appropriated to
or used for the support of any secta
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.
J lit it ia.
See 1. The freemen of this com
' nionwealth shall be armed, organized
and disciplined for its defense when
and in sueh manner as may be direct
ed by law. The general assembly
shall provide for maintaining the mi
litia by appropriations from the treas
ury of the commonwealth, and may
exempt from military service persons !
having conscientious scruples against
bearing arms.
• I
ARTICLE XI!.
Public Ojfictrs.
Sec 1. All officers whose selection
is not provided for in this const itutioii
shall be elected or appuinleo as may
' be directed by law.
Sec 2. No member of congress from
this state, nor any person holding or
exerci-iiig any otliee or appointment
of trust or p:otit under the I nited
( States, shall at the saiue time hold or
exercise any office in this state to
which a salary, fees or perquisites
shall be attached. fhe general as
sembly may by law declare w hat of
fices are incompatible.
See 3. Any person who shall light
a duel or -vin 1 a challenge for that
purpose, or be aider or abettor in
lighting a duel, shall be deprived of
the right of holding any otliee of hon
or or profit in this state, and mav be
otherwise punished as .shall be pre
scribed by law.
ARTICLE XIII.
Ac iv (' ou at it'.i.
Sec 1. No new county shall be es
tablished which shall reduce any
county to less than four hundred
square miles, or to less than twenty
thousand inhabitants; nor shall any
county tie formed of less area, or con
taining a less population, nor shall
any line thereof pass w itliin ten miles
ot the county seat of any county pro
posed to be divided.
ARTICLE XIVT
Count if Ojficcr*.
See 1. Count y officers shall consist
ot sheritts, 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 sheriti'or
treasure! shall Ineligible for the term
next suceeding the one to which he
may lie elected.
Sec 2. County officers shall lie el
eeted at the general elections, and
shall hold their offices for the term of
three tears, beginning on the. first
Monday of .1 miliary next after their
election, and until their successors
shall be duly qualified; all vacancies
nototlien I
filled in sae'a manner as i H
vided by law.
Sec 3. No iiersnn sl, a i| ij, H
ed to any office wiihi,, ailv I
who shall not have Una a
an inhabitant therein one
In fore his appointment, if, I
shall have been so hum
if it shall not have U enAo'i
ed, then within the limits, ,f, "
or counties out of w hicfi s I
been taken.
See 4. Prothonotaries.ei,.,
courts, recorders of deens
of wills, county surveyors'
id's shall keeptheirotliecsin , I
ty tow n of the county in
respectively shall be ottic- |. E
Sec 5. The eonipeimatiou ~|
officers shall IK- regulated
and all county officers W |,,
may IK 1 salaried shall |, !tv
whieli they mav l>e authoriz,
ceive into the treasurv oftl,,
or state, as may U- directed
In counties containing over El
| died an.i fifty thousand ii, ; ||
all county ottieers -dm|| \ K . , r |
salary, and the salary of anv -
fieer and his clerks, heict,,;'
by fees, shall not exceed tli
grate amount of fees earned , I
his term and collected bv or: 1
Sec 6. Toe general asseuf
provide by law for the stri
ability of all county, tow . ■
borough otfieers, as well i;, t
which may be collected l.y j
for all public or municipal u
which may be paid to Hum.
Sec 7. Three county emu,.. I
ers and three county audit,,r-. |
be elected in each count v \\i .If
etiicers ars chosen, in the \, r
thousand eight hundred and s
five, and every third year tli.-r
and in theeleetion of said offi..
qualified eleetor shall vote torn
than two persons, and the tin - .
sons having the highest nu;;
votes shall be elected; am nt
eaney in the office ofcount \ <
sioner or county auditor slini;
ed by the court of common
tbeeounty in vvfiieii suchvacai - (
occur, by the appointingnti .
tor ot the proper county w -
have voted for the eoinuii—
auditor whose place is to In- ti
ARTICLE XV.
Cities and Cihj < 'A <//••■
See 1. ('itits may !.• r1,..-
whenever a majority oHheelt-r'- -
any town or borough hav ing
lation of at least ten thous.u ■
v<>te at any general election in:
>d' the same.
Sec 2. No debt shall 1- >/ii.
or liability incurred bv any wnin
eoiiimission. cxe pt in ptir-i
:<ii appropriation previously
therefor by the municipal _
inent.
See 3. Kvery city shall cr-:iti •
ing fund, which shall IK* im
pledged for the payment of ' -
i ed debt.
ARTICLE XVI.
J'ri rde Cor/ioi'iitinio.
See 1. All existing chart •
; grants of special or exclusive
legl s. under which a bona lidt
izatiou shall not have taken pl.t
business commenced at then
the avloption of ihi- coi.stin.
shall thereafter have no vali it}
Sec 2. The general as-eniMy
not remit the forfeiture of ibe
tt r of any corporation now t x.-
or alter or amend the same, or
any other general or special ia
; the benefit of such corporation t-x
on the condit ion that sueh eorpe'
shall tiler* after hold itso-haiVi -
1 to the provisions of tliis const'
Sec 3. Tlie exercise of thi .
eminent domain shall nev •
abridged or so construed a> ' ■
vent the general asseiuhly to
ing the property of incorporate
panics, aud subjecting tlu into
lie use. the saiue as the pro|Ktyj
individuals; and the exeici-'
police power ot the state simi
lie abridged or so construe! as
in it corporations to conduct r:
incs- in such lj-anuci asfoinbir
equal rights of imliv dials ■ r:
oral well being of tic stab.
Sec 1. in all elections fordim
or managers of a corporat
member or shareiiol ei may <
whole number of Ids votes !
candidate, or distiiluit* t
two or more candidates. a*
prefer.
Sec 5. No foreign corporati • ;
do any business in this - ih
having one or more U11<• w ;
business, and an authoriz*
agents in the same, upon v
cess may be served.
Sec 6. No corporation fih*
in any business other tl
presslv authorized in its
shall it take or hold any
except such a- may be u<
proper for it s h gitiin. '<
Sec 7. No corporati-*n -
stocks or bonds except ■
or labor done, or money "
actually received : and
increase of stock or iii'k
corporations shall not :
except in pursuance of xeu
nor without the consent
sons holding the largerain" ll
ue of the stock first d't
meeting to IK- held aftei - N
notice given in pursuance
Sec 8. Municipal an
rations and individuals in
the privilege if taking |
erty for public iis< sliaii
compensation for prop'
jured or destrov ed by t
tion or enlargement ot
highways or improv n'
compensation shall be p : : ■
In-fore sueh taking, injury
tion. The general as-' r
by prohibited from deprb - I
son of an appeal from : M . v 1