The Potter journal and news item. (Coudersport, Pa.) 1872-1874, December 03, 1873, Image 1

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    gV IST D
jno. S. Mann, Hamilton,
v> ~ IKTIEWS ITEM.
■ 10.20.
J fl qNoTI i UTION.
■ hitimi firojiWtl to the < iti-
IjH ... ( niiiiiioiiicritUh for their
I by ike Const t-
,,i • ivtarv of the Coin
of III" fill M-. li 'll <i!
; ; ( 'live, • miltoaincmt
I Ap
I
■
fur the blessing of;
1
. ft.
4 I'
2I . j. Ml mm an- bran equally
1 I
I
I
I
I ; h |. .. t-ssiiig and protecting
mi ail ; of pnr
ami all tree governments
°H ; Mm ui mi their authority and
■
1 ■ i>r t iin aiivanci uient of
.K .J, ~||,E tiny have .it all times an
i or abolish their govern
maimer as they may
fl >'(•.:!. All men have a natural
■ lr!r le right to worship Al
iin' 1 according to the die-
H i' tlieii own consciences; no
!* support any place oi
■ . . Hi' t'i maintain any ministry
H. .-I his .onscnt; no huinan an--
H
,ts.il <i inti IVre with the rights of :
raid no pret'erema shall
.i n l.v law to im\ religion*
h
'IB 1. No person who acknovvl-
V . being of a Eon and a lu-
H -i'ii. of rewards and punish
■ .'.ill. on aecount of his re-
i- -eii: inieiit he eli ipialilieil to
i\ oilier or place of trust or
H - . .">. Elections shall h • free and
■ - ; and no power, civil or niili
■ v. shall at anytime iniertVre to
vent tlie free ON ere oi the right
'H Sec. <*>. I'i' li by jurv shall he as
I itofore. and the right thereof re-
H in every person woo mav umier-
> •. xamiiie tin* proeeediiigs of
■ ! gislaliire or any hraneh of
M imil*-lit. and no law shall ever
in:eit* to restrain the light thereot-
B 'Tice communication of thoughts
H i opinions is one of tin* iuvalu
-5 lights of man, and every citizen
■
H iiujeet, being responsible for th
m "*•*• of that iihert v. No eonvietion
le had in any prosecution for
' li'lieation of papers ivlating to
1 "ilirial conduct of ollieers or men
hue capicitv. or to any other
v proper for public investiga
i or information where the fact
-li* ii publication was not mali
• ;> or negligently made shall he
• - . d to the sa .is fact ion of the
' and in alii idictmei. Is tor libels
hiry shall have the right to deter
law and the faets. under the
I n of the court, as in other eases,
ft I'he p. eple shall hi-s, eandii
-mis. leu-, .-.papi rs ai d pos
— i-. l"i*m unrtasonnhie searches
I M'i/.uri and no warrant to
. any place or to seize any per
du -. d, ,11 issue without dc
' i tlu man nearly as maybe,
"ait pinliaole e use. support
'•ntli or alio ination. -übmalted
■ affiant.
N,, i. . In ; dl criniinal proseeu
. t ,i ac-i-ed jjatli a l igut to Iv
■ l > him- .If and his counsel, to
nature and cause of the
- a >ii against him, to meet the
>*s tae • to lace, lo have com
;>|tv piiid .s for obtaining vvit
- in iii- favor, and in proseeu
•> iirlictment or intonnation.
I public trial by an impartial
1 ''l tin* \ ieina .e: lit' cannot be
gai st
• -'•it. nor c;.ii hi* be deprived of
ii''. iila r'v. or |:rop-*rty. unh*.-s
II 'judgment of his peers or the
"1 the land.
• 1". No person shall for any
do offense be proeeeded
minally, hV information,
I in e:is,-s arising in the land or
' rees. or in t.lie militia, when
1 '•' Isu viee. in time of war or
•i iuger. or by leave of the
• br oppression or misdemeanor
!l *e. Ni, person shall for the
ise be twice put in jeopard .
<r limb; or shall private
"N be ; ihen or applied to pub
vvn lout authority of law. and
: just eoinpcns iii n being tirst
t* i.| - ,p
"• 11. All courts shall be open;
v ";> man f..r an injury done
I 1 his land-, goods, person or
*' 'on. -hall have remcsly by due
course of law. and right and justice
administered without sale, denial or
delay. Suits may be brought against
the commonwealth in such manner,
in such courts, and in such cases as
tin* Legislature may by law direct.
Sec. 12. No power of suspending
laws shall be exercised unless by the
Legislature or by its authority.
Sec. 13. Excessive bail shall not
be required, noi excessive fines im
posed. nor cruel punishments in
ilicted.
Sec. 14. All prisioners shall b"
bailable by sufficient sureties, unless
for capital offenses, w hen the proof
is evident or presumption great: and
the privilege of the writ of habeas
corpus shall not be suspended, unless
when in case of rebellion or invasion
t!ic public safety may require it.
See. 15. No commission of over
and terminer or jail delivi ry shall be
issued.
Sec. 1(1. The person of a debtor,
w here there is not strong presump
tion of fraud, shall not be continued
in prison alter delivering up his es
tate for the benefit of his creditors,
in such manner as shall be prescribed
by law.
Sn*. 17. No t.X Co t facto law,
nor any law impairing the obligation
of contracts, or making irrevocable
any grant of special privileges or im
munities. shall be pas-cd.
See. No person shall be attain
ted of treason or felony bv the Leg
islature.
See. lib No attainder shall work
corruption of Mood. nor. except (lur
ing the life of tin* ojf -nder. forfeiture
of estate to the Commonwealth; tin*
estate of such persons as shall destroy
their own lives shall descend or vest
as in cases of natural death, and if
any person shall be killed by casual
ty. then- shall be no forfeiture by
reason thereof.
Sec. 20. The citizens have a right
in a peaceable manner to assemble
together for their common good, and
to apply to those inve-ted with the
powers of government for redress oi'
■grievances or other [imposes, by pe- 1
t ii ion. address or remonstrance.
See 1!. The . ight of citizens to bear
anus in <bfi*n-e of themselves an i the
state shall not be questioned.
See 22. No stan lingannr shall, in
time of peace, be kept up without
a.-consent office legislature anil the
military shall, ill all cases, and at all
time-.be in strict subordination to,
the civil power.
Sec 2">. No soldier shail in time of
peace be quartered in any house with
out the iit-ent of the owner, nor in
time of :ir but oi a iiiriuuer to b. pre
-erUieil i>v law.
See 24. Ihe legislature shall not
grant any title of nobility or heredita
ry (lis. inction, nor create any ofticethe
, appointment of which shall lie for a
longer term than during good beha
\ ior.
See 25. Emigration from the state
-li 11 not be prohibited.
See 2(5. To guard against transgres
sions of the high powers which we
have delegated, we declare that every
t liing in this article is excepted out of
the general powers of govvniin. nt.
and shall forever remain inviolate.
ARTICLE 11.
Thr Legislature.
See. 1. The legislative p v,i rof this
Commonwealth shall be vested in a
(ieiicra! Assembly. which shall consist
of a Senate and a House of Hrpre.-eu
! tatives.
See. 2. Members of the (leneral
Assembly sliail bechosi n at the gen
eral election every second year,
i'ueir term of -ervice shall b.-gin on
the lii f d iv of Dee inhcr next after
liieirelee >u. Wlieiiever a vacancy
shall occur in either bouse the jire-iil
iner oliieer tnercot sn.ili is-ue a writ
of election to hi! such vacancy tor
the remainder of the term.
S>e. 3. Senators Mia 11 beelceted for
th< termol four year-and L present
ativi - for ti• term of two years.
S . !. rile Leneral A-amiNly
sliall meet at 12 o'eiock noon, on the
first I'm- lay of .! inuary every sce
ond year, and a: other time- when
convened by the L >v rnoy. b it shall
hoi 1 n i adjouine 1 annual session al
ter the yar IS7S. In case of a va
cancy in the office of I nited States
Senator from this C mmonvve: Itb. in
a reee-- between -e--ions. the (Jov
ernor shall convene the two houses
bv proclamation on notice not ex
e -cdmg ixty days to till the same.
S* c. 5. Senator- shall beat least
twenty-live years of age. I'hey shall
ba.ve b •< n citizens and inhabitants of
t e State tour years, an 1 inhabitants
of their respective districts one year
next before their election (unless al>-
sent on the public business ol t ie
t nited State- or of this State), and
shall reside in their respective dis
trict- dining their terms of service.
See. f*. No Senator or Iteprcsenta
tive sled!, during the time for which
h<- shall" nave been elected, be ap
pointed to any civ il office under this
Coinmonwealth, and no member <>f
Congress or oilier person holding,
an v of lice (except of attornev -ai-law
or in the militia) under the 1 nited
States or tins Commonwealth shall
In* a utemlter of either house dm in „
his <• m! nil nice in office.
See. 7. No per- >n hereafter con
COUDE'RSPORT PA., WEDNESDAY, DIXEMISEU 3, 1878.
victed of embezzlement of pitblic
moneys, bribery, perjury or other in
famous crime, sliall be eligible to the
L< neral Assembly, or capable of
holding any office of trust or profit
i'i this Commonwealth.
Bee. 8. The members of the Len
eral Assembly shall receive such sal
ary and mileage for regular and
iapeeial sessions as shall be fixed by
law and no other compensation what
ever, whether for service upon com
uiittce or otliervvi.se. No member of
either house sliall, during the term for
which he may have been elected, re
ceive any increase of salary, or mile
age. uiiderany law passed during such
term.
See. fi. The Senate shall, at tin*
beginning and close of each regular
session and at such other times as j
may be necessary, elect one of its
members president pro tern., who
sliall perform the duties of the Id. a
tenant Governor, in any ease of al>-;
sence or disability of tliat officer, and ;
whenever the said ofiie • of Lieuten-;
ant Gov rnor shall b * vacant. 'J'lie
ll ai e of Representatives shall elect
one of its member-, as Speaker.
Each house shall choose its other
officers,and shall judge of the elect ion '
and qualifications of it- members.
See. 10. A majority of each house;
sliall constitute a quorum, but a
smaller number mav adjourn from
day to day and compel the attendance
of absent members.
See. 11. Each house shall have i
[lower to determine the rules of its i
proceeding- and punish its members
oi of iter per-on - for contempt of dis
j orderly behavior in its presence, to
eiiforce ob alienee to it- process, to
protect it- members against violence
or offers of bribes or private solicita
tion, and with the concurrence of
tvva '-thirds, lo expel a member, but
not a second time for the same cause,
i and -bail have all other p. wer- nec
essary for the legislature of a free
State. A member expelled for cor
ruption shall not thereafter be elig
ible to either house, and punishment
' for contempt or disorderly behavior,
shall not bar an indictment for the
same offence.
See. 12. Each liou-c shall keep a
j uriuil of its proceedings and from
dine to time publish the same, ex
cept such part- as require secrecy,
and r,in* yeas ami nay- of the mem
bers on any question sliall, at the lc
j sire of any two ol them, be entered
; on the journal.
See 13. The session-<>f ea- h house
I and of committees oi* the whole sieiii j
be open, unless when the bit .ine-s is
such as ought to be la pt secret.
S a*. 14. Neither honsi shall, vviih
out the consent of the other, adjourn
j for more than three days, nor to any
other place than that in which tut*
two houses -hall be sitting.
See. 15. The members of the Gen
leral Assembly shall in all eases, ex^l
eept treason, felony, violation of
| their oath of office, and hn :ch or
! surety of the peace, be privileged;
from arrest during tin r attendance
at rlie sessions of their respective
houses, and in going to and return
ing from thesame; and for any speech i
; or debate in either hone, t hev shall:
not be qu>>-tinned at any other place.,
Sec. lii. The State shall bedlvid-j
e l into fifty Senatorial d:-triets of
compact and cont' i'uou- territory, li
nearly equal in population a may
be. and each di.-' i ict shall be i ntitled
to elect one Senator. Each county
1 containing one or more ratios of
popu'at.on shail be entitled to one
S. nntor for each ratio, and to an ad
dition d Sen tor for a surplus of pop
ulation ex ceding thive-lifthsof a ra
tio; but no county shall form a sep
arate district imi *ss if si ell contain
i ur-fifths of a ratio, except where
t he adjoining counties are each enti
tled to one or more Senators, when
such county may be assigned a Sen- j
a tor on h than four-fifth", and ex
ceeding one-half of a ratio, and no
.'."int, : .".I b.* di i'i- U 1 unless enti-1
tied to two or more Senators. No
eitv <;r county shall be entitled to
separal ' representation exceeding
one-sixth of the whole number of
Senators. No ward, borough or
township shall be divided in the fol
iation of a district. The' Senatorial
ratio sliall be ascertained by divid
ing the whole pojiulation of the'
State by the number fifty.
See. 17. Tin members of tlie 1 louse
of Representatives shall be appoint
ed .-imong the several counties, <m a
ratio obtained by dividing the [ qu
- lation of the State as ascertained by
the most reel'it I nited States census
bv two hundred. Every counts con
■ taining loss than five ratios shall
have one representative fori very fu.ll
■ ratio, and an additional repntsenta
[ five when the surjilus exceeds half a
- ratio; but each county shall have at
. least ran* representative. Every
- counts containing tivt ratios or more
i shall have one representative tor
- evevv full ratio. Every city coutain
i ing a jiopulation equal to a ratio
I" shall elect separately its proportion
:. of the representatives allotted to tiie
county in which it i- located. Every
1 city entitled to more than four reji
! resentatives. and every comity hav
; ing over one hundred thousand in
habitants, sliall be divided into dis
-' tricts of compact and contiguous ter
ritory, each district to elect its pro
portion of representatives according
to its population, but no district shall
elect more than four representatives.
Sec. 18. The General Assembly at
its first session after the adoption of
thi- constitution, and immediately
after each 1 nited States decennial
census, shall apportion tlie State in
to Senatorial and Representative
districts agreeably to the provisions
of the two next preceding sections.;
ARTICLE Ji!.
Legislation.
Sec. 1. No law shall be passed ex
cept by bill, ai d no bill shall be so
altered or amended on its passage
through either house as to change its
original purpose.
Sec. 2. No bill shall be considered
unless referred to a committee, re
turned therefrom, and printed forth"
. use of the members.
See. 3. No hill, except general ap
i preprint ion hills, shall he p.- ssed coa
j taining more than one .subject, wide i
sliall be clearly expressed in its title.
Sec. 4. Ev< ry bill shall la* lead at
length on three different days in each
house; all amendments made thereto
! shall be printed for the use of tin;
members before the final vote i- ta
ken on the bill, and no bill shall be
come a law unless on its final passage
the vote is taken by yeas and nays,
the names of the persons voting for
; and against the same be entered on
i the journal, and a majority of the j
j members elected tocaeii house be re
corded thereon as voting in its favor.
See. No amendment to bills by
one house shall be concurred in by
the other, except by the vote of a
majority of the members elected
thereto, tftki u by yeas and nays, and
tiie nanus of those voting for and
against recorded upon the journal
thereof; and reports of committees
<>f e nfi re nee shall be adopted in
either house only by the vote of a
majority <>f the members elected
thereto, taken by yeas and nays and
the names of those voting recorded
. upon tin journal.
Sec. 6. No law shall be revived, |
-amended, or the provisions thereof
extended or conferred by reference
to it- title only, but so much there:,!'
as is revived, amended, extended, or
conferred, shall be re-enacted and j
publishe ! at lciigt h.
Sec. 7. The General Assembly shall
not pass any local or -picial law:
author zing tiie creating, exten-. e
or impairing of liens ; regulating the
affairs of counties, cities, town-hips,
vvun's, boroughs, or school districts:
• hanging tiie names of ]>• r-ons or
places; cluniging tiie venue in civil
or criminal cases; authorizing the
laying out, ojiening, altering, orj
maintaining roads, highways, streets
ior alloys; relating to ferries or
bridges, or incorporating ferry or
bridge companies, except for the
erection of bridges crossing streams
which form the boundaries between
this and any other State; vacating i
roads, town plats, streets or alleys:
relating to cemeteries, graveyards. ;
or public grounds not of the State;'
I antliorizing the adoption or legitima
tion of children: i< eating or changing
| county seats, creeling new counties ;
lor changing county lines; incorpo
i rating cities, towns or villages, or
(•hanging ! heir charters; for the ops. n
jng and c >n lueting of election.", or
fixing or changing the place of vot-;
ing; granting divorces; erecting lew
townships or I>o roughs, *el winging
township lines, borough limits or
school districts; creating offices or
prescribing tiie powers and duties of
officers in counties, cities, boroughs, •
townships, election or school dis
tricts; changing the law of descent
or succession; regulating the prac
tice of jurisdiction of, or changing
the rules of evidence in any judicial ,
. proceeding or inquiry before courts,
aldermen, justices of the peace, sher
iff", commissioners, arbitrators,audi- j
tors, masters in chancery or other
'tribunals, or provi ling or changing
methods for the collection of debts
or the enforcing of judgments, or
' prescribing the effect of judicial sales
of real estate; regulating tlie fees,
or extending the powers and duties
of aldermen, justices of the peace,
magistrates or constaqles; regulat
ing tiie management of public schools,
the bui*ding <u repairing ( f school
houses and the raising of money for
such purposes; fixing the rate of'in
terest ; affecting the estate s of iniu-u's
or jiersons under disability, except
after due notice to all parties in in
te.est, to be recited in the special
enactment; remitting finis, penalties
and forfeitures, or refunding moneys
legally paid into the Treasury; ex
empting j r <perty from taxation;
regulating l;il>or. trade, mining, or
nianufaeturing; creating corpora
tions, or amending, renewing or ex
tending the clidrturs thereof; granl
■ ing to any coi [>orat:on, association
or individual any special or exclusive
i privilege or immunity: to any cor
poration. association or individual
the i ight to lay down a railroad track.
Nor shall the general asseuiblv indi
■ rectly enact such special or local law
■ by tlie jiartial repeal of a general law,
• but laws repealing local or special
• acts may be passed. Nor shall any
- law be passed granting powers or
privileges in any case where tiie
granting of such powers and privi
leges shall have been provided for
by general law. nor where tlie courts
have jurisdiction to grant the same
or give the relief a-ked for.
See s. No local or special hill shall
be passed u.dess notice of the in
tent i 11 to apply therefor shall * have
been published in the locality where
the matter or the tiling to be effected
j may he situated, which notice "hall
be at least thirty days prior to Hie
introduction into the genera! ass; m
hly of such bill, and in the manner
to be provided by law; the evidence
of-licit Hot lee 11 •■. V iag Lteell published,
shall be exhibited in the general as
sembly b -foresuch aetshall lie pa-si d.
See Tlie presiding offieei'ofcacli
liouse shall, in the presence of the
house over which lie presides, sign
all bills and joint resolutions passed
by the general assembly, alter their
titles have been publicly read imme
dialelt before signing, and tlie fact
of signing shall be entered on the
journal.
See 10. TIC general assembly
simll presenile b\ law the number,
duties, and compensation of the olii
eer- and employes of each house, and
no payment shall be made from the
state treasury, or be in any way au
thorized to any person, except to an
acting officer or employe elected or
appointed in pursuance of law.
Sec 11. No bill sliall be passed
giving any extra compensation to
j any public officer, servant, employe,
agent or contractor, after services
shall have been rendered or contract
made nor providing for the payment of
any claim again-t "the commonwealth
without previous nut horny of law.
S;*e 12. \!i stationery, printing,
paper and fuel used in tlie legislative
and other Ljiai tm.ait- > fgovernment
shell be furnished, and the printing.
, bin- ing and distribul ing >3' the laws,
joiinuds. department rejiorts and all
other printing ami binding, mid tin*
repairing and l'uriishing tiie halls!
and rooms used for the meetings of |
the general assembly and its com
mittees, shall be formed under eon
tract, to be given to the lowest res
ponsible biddi i below such maximum
price and ur.der ilea regulations a
shall be prescribed by law; no mcni
i ber or officer of any department of
lie government ',..11 be in any way
interested in such contracts, anil all
-;i.-:i contracts shall be subject to
(he approval of tlie governor, auditor
general and state treasurer.
S e 13. No law slia'l extend the;
term of any public oftievr. or increase
or diminish his al n v or emolument
after hi- election or appointment.
ftec 1 f. All bills for raising reve
nue shall originate in the house of
| representatives, but the senate may
propose am 'ndmei i • as Iri other bills.
See 15. file general appropriation
bill sliall embrace nothing but ap
propriations for the ordinary expen
ses of the execuijve. legislative and
i judicial departments of the common
wealth. interest on the public debt
i and for public schools; all other ap
' propriation- shall be made by sepa
rate bills, each embracing but one
subject.
dec 1(1. No money sliall be paid
out of the treasury except upon ap
propriations made by law alio on
; warrant drawn by the proper officer
in pursuance thereof.
>S.c i i. No appropriation snail be
made to any charitable or education
al institution not under tlie absolute
c nitre! of tlie (onimouvveaith, other
than normal schools e tablislud by
law for the --ion-.I training of
teachers for the public schools ol fin
sia's . except by a vole of tvvo-third
of all the lilt nibers elected to each
house.
Sec 18. No appropriations except
for pensions or gratuities for military
'services sliail be made for charitable,
i* Ideational or benevolent piu no-cr.
j to any person or community, nor to
any denominational or sectarian in
stitutioii. coi porntion 1 associa l ion.
Bee Ih. The general assembly may
make ajipropriations of money to in
stitutions wherein the widows of sol
diers are supported or assisted or the
orphans of soldiers are maintained
anil-educated ; bid such appropriation
I shall iv applied exclusively to the
support of .-neb widows and orphans.
Bic zU. The general assembly shall
not delegate to any special commis
sion. private corporation or associa
tion. any power to make. Mipcrvi-e
or interfere with any municipal im
provement, money, property or ef
fects, whether field in trust or other
wise, or to levy taxes or to perform
any municipal function whatever.
Sec 21. No act of tlie general as
sembly -hali limit the amount to be
recovered for injuries resulting in
death, or for injuries to persons > r
property . and in case of death from
such injuries, the right of action shall
survive, and the general assembly
shall prescribe for whose benefit such
actions -hall be pro-ecut d; no act
s!>a!l prescribe any limitario i- of
time within which suit- may be
brought against corporation lor in
juries to persons or property, or for
other causes different from those
fixed by general laws regulating ac
tions again-t natural person-, and
such acts now existing are avoided.
Sec 22. No act of the general as
sembly shall authorize the invest
ment of trust funds by executors, ad
ministrators. gti irdiniis, or other
trustees, in the bonds or stock of any
private corporation, and such acts
now exi-ting are voided, saving in
vestments heretofore ma le.
See 23. The power to change tiie
venue in eivil and criminal eases
shall be provided by law.
Sec 24. No obligation or liability
of any railroad or other corporation,
held or owned by the commonwealth
shall never lie exchanged, transferred,
remitted, postponed, or in any way
diminished by the genera! assembly,
nor shall -ueli liability or obligation
lie released, except 1v payment
thereof into the state treasury.
See 25. W hell the g licral assem
bly -hall be convened in special ses
sion, there -ball be no legislation up
on subjects other than those desig
nated in the proclamation of the
gov rn >r. calling -nMi -cs-ion.
See 26. Every order, resolution or
vote to which the concurrence of
both houses may l.c nece-sarv (except
on the question ofadj •irnment) shall
be presented to tlie governor, and hc
! fore if Si;.ll take effect be approved
by LI in. or being disapproved, shall
be repassed by two-thirds of both
houses.according tot-he rub -and lim
itation- prescribed in case of a bill.
Sec*27. No state office shail be
continued or created for the inspec
tion or measuring < f any merchan
dise. manufacture or e mmoditv.
but aiiy county or municipality may
appoint such officers wlu r: author':;- d
by law.
Sec 28. N< law changing the loca
tion of tin* capital of the state shall
be valid until the same shall have
been submitted to the qualified
electors of fie* commonwealth, at a
general election, and ratified and ap
proved by i lean.
Set* 2t>. A member of !lie goner:-.!
a -viiil>ly wlio hall solicit, demand,
or receive, or const lit to receive, di
rectly or indirectly, for himself or
for another, from any company, coi
i poration, or person, any money, of
fice. appointment, employment, tos
liiouial, reward, thing of value
!or enjoyment, or of personal ad
vantage or promise ther< of. for his
vote or official influence, or for with
holding the same, or with an under
standing, expressed or implied, that
iii- vote or official action shall be in
1 any way influenced thereby, or who
; shall soli' it or demand any such
j money or otlu-i advantage, matter,
! or thing aforesaid for anoifin r, as the ,
consideration of his vote or official
influence, or for withholding the
' same, or shall give or withhold id
vote or influence in c'on-idcrntioii of
tlu* payment or promise of such
money, advantage, matter, or tiling
io another, shall be held guilty of
bribery within the meaning of this
constitution, and shall incur the dis
abilities provided thereby for said
j offense, and such additional punish
incut as is or shall lu* provided by law.
See 3(h Any person who shall, di
rectly or indirectly, offer, give, or
promise any money, or thing of value,
I testimonial, privilege, or persona 1
! advantage, to any executive or judi
cial officer or member of the g-iural
i assembly, to influence h!m in the j" r
fonnancc of any of his public or oft,
ficial duties, sliall be guilty of i >i
liery . ami be punished in such man
! tier us shall be provided by law.
Sec 81. The offense of corrupt so
licitation of members of the general
assembly or of public officers of the
1 state, or of any municipal division
thereof, and any occupation or
practice of solicitation of such mem
bers or officers, to influence their of
ficial action, shall be defined by law.
and shall be punished by fine and im
prisonment.
See 32. Any person may be com
pelled to tc-tifv n any lawful investi
gation or judicial proceeding, against
any person who may be charged with
hav ing committed" the offense of bri
bery or corrupt solicitation, and shail
not be permitted to withhold his tes
i timony upon the ground that it may
' criminate himself or subject him to
public infamy; ' ut such testimony
shall not afterwards be* used against
him in any judicial proceeding, ex
cept for perjury in giving such testi
mony, and any-person convicted of
cith r of the off-uses aforesaid, shall
as part of the punishment therefor,
ie disqualified from holding any of
fice oi position of hon<>r, trust or
profit in this eonunoiiwealt i.
See 3 5. A member who ha v a per
sonal or private interest in any meas
ure or bill proposed or pending be
fore the general assembly shail dis
close the fact to t he house of which lie
is a member and shall not vote there
oil.
ARTICLE IV.
The Executive.
See 1. The executive department of
this commonwealth sbaii consist of ;t
governor, lieutenan; governor, secret a ry
ot* tiie commonvv'-alt li, attorney general,
auditor general, state treasurer, secreta
ry of inti rnal a I'M is - and a superintend
ent of public instruction.
Si e 2. The .supreme executive power
sliail f-e v .*st (d in tlie governor, vv ho shail
take care that t fir laws be faithfully exe
cuted: lie shall he chosen on the day of
the.gent till election by Hie qualified elec
tors of the commonwealth at tlie places
$1.75 A YEAR
wherethey shall vote for ropm curat i\*
The returns of o\ try election for gover
nor shall be oali (I up am! t rausmitl* d
to the seat of aovornm tit directed to the
president of the senate, who shell ojien
and publish them in theprest nee of b<th
houses of the g* nrnil nssi nil-ly. Theper
son having the higlwst uendKT of votes
shall U- e-i'Vernoi. 1• ■ u if t wo or more h*
equal and highest in voles one of tin in
shall le ehosen governor by the joint
vote of the mcinUrsol Imt h houses. i'no
tes i d i lections shall In-detenn ned by a
eouuuittee to liesi lecl* d from hot ii hous
es ot the general assembly and formed
and regulated in such manner as s!iall
lie direct* d 1-y law.
Sec.']. Tin governor shall hold his d'-
tiee during four vai- from the third
Tuesday of January next ensuing his
• lection and shall not becligib'i to the
office for the next Me et < ding tel. u
See 4. A lieutenant governor -: all ! •
el.os* nat the same time, in th* •■••me
maimer for the same term and subject
to the siinte pro\isious as the governor;
lie shall If president ot tli<- senate lint
shall have no vote unltss they 1 e* (puilh
divided.
See •). Xo j.< rson shall 1 ( * ligible to
the office of governor or lieiiteuaiit gov
ernor except ii fitiz u of the I'mtul
siatc-. who shall have attained the age
ot tiii: I v years and have 1 iei n si-vet \vea i >
next preceding his election an inhabi
t a lit of ill* state, unless he shall have
been absent oil the public be. bless of the
t nited state- or of tiiis stale.
Sec. <>. Xo lie iiiborof ("ongii --or pi *■-
MCI holding any oiliee under the lTuod
States or this State shall oxen : set he oi
liee of governor or lieutenant gt verm .
See. 7. The (iovernor shall he coin
m.mder-in-chief of the army of the com
monwealth and of the militia, except
when they shall Uncalled into th acta: 1
si rviee of tl.e l b iWd States.
Sec s. I !• .-hall nominate ami. ly* and
with the consent of tw it 1 ;: dsof ;.'il tin
inl iiibert of senate, appoint a sttye
tary of the c innmnv a!t!i and an attor
ney g> nt ral during ph-usur*. a superin
tend* lit of public instruction for four
y* ars and stieli otln r officers of the e< ni
mmivveaith as lu is or may W iutl.ori/*d
by tin < instil ut ion or by law '.o appoint;
In- shall have power to till all vacancies
that may happen in others to whirl* lie
may appoint during the recess of tie
s mite by granting comuii.-sioiis which
iltall expire at the end of their next sea*
siou; he shall liave ]>ower to till any \ -
CiUicy tliat may liap|en during the recess
of t In- senate in the office of auditor gen
eral. state treasurer, secretary <1 inter
nal'affairs or superinti ndent of public
instruction, in judicial office or in am.
other elective office wiiieli lit- is or in.iv
be a lit liori/i d to lill: if the vacancy shall
happen during the * -m -n of t!:• • •: .t.•
t hegovcriyn shall iinminat'-to the senate
b: tore ll eir tinal adjournment. a plop, r
pensoii to iiii said vacancy: but in anv
siieli vacancy in an elective office -i •. ■{.
sou shall ljetluif*n to tsmd office at tl.o
n'x* gen* ral elect ion, unless the vacancy
shall haja-cn within three Calendar
mouths inuni diatt ly pivci ding-suchelee
(km, in which case the election for said
officeshall be he'd at thestcwl neeced
ing general election: h.a . lug on * x. na
tive nominatiens the senate shall
with oper. doors, a: 1 in confirming o.
rejecting the nominations of th* gover
nor the vote all be tak"n by ■ a and
liays and sii ilj 1> cute' - d c: ■ t .<
Sec 0. lie snail have power I fetid
file s and forfeiture. to grant rep.i. v* .
coiiiiniit.it i<ins of sentence and paid
except in has. sof impeachment but n<
jKirdon sbal! be granted nor sentence
commuted except upon the r- eomnu
ation in writing of the lieutenant gov
ernor, secretary of the c.'iuno.nvvcuith,
attorn*-, gem ml and secretary of in?i i
nal affairs, or any three of them, afb
full hearing, upon due public no' ic ;• .
in open -.-iiin, rod sue' re • inun. no ;
tion, with the masons tiffin forat length,
si:; II lie H i if*!; d and til: d in f .. u ffi,
ot tin- . i- rotary o, th ■ enanin ,\alth
Sec to. He may mpiire information in
1 r iiigfrum theoffieerstif the xerulivo
departnu lit iq on any - d V t n kiting to
the ituties of their ri s|x>etiv;- i.ffie*-s.
"s**- 11. I!c shall, from ' ine to time,
giv i- ti the g -n* ral assembly infoi matioii
ol the stale ot the i ••mmoiiw■; alth and
re* ■ mineitd to their consideration sueh
measures as he may judge * \ leila-nt.
Sec Id. He may. en ix'.r; ertlinan *•<-
e.i-.i' ;.s. i* iivenc .he g* neral ;> mid*.,
and incase i t *lis; gr* enu-i t let\vecii the
two housis with K spi et to the tilff*-of
a<liourunie!i(. adjourn lhem tosiieli time
as iie shall ti.iuk proper, ot *>ec*<ling
four mouths. I!eshall have powerfo
eou\ tie the - ■nat" in extraoiilhiarv -• >-
sion. by pioelamaiion. for the transac
tion *>i * x -(-alive bu uties.-.
Hcc 13. In case of tl death, eer.vie
t ion on imjx achnaent, failure to qualifi',
r* signal ion or ot iter disability 'of t lie gov -
en II ir, the powcis, duties and emolu
ments of the office lor the remainder of
the term, or until lite disability be n
lnovi d,siu;lld ! vohe upon [lie livwtehu t
governor.
> e l |. In ease of a vacancy in the of
fice of lieutetumt goYeriHM", o* wlieri tlie
lieutenant gov.-ruor s.iall l- impeae..* .1
by the house of l'ejH'esentatives or sliull
be unable to exercise the duties ot his
office, the powers, duties and emolu
ments t her* ot for the remainder of to*
term, or until the disability be r< m-vul,
shall devolve iijxui t C pr*-sidei-t. Pr .
ti-iniMie. of the senate; aid the po •
dent, pio ti lujMiie. oi tl.*- senall shall in
like maimer l*-cenie gov* rnor ii' a va* an
cy or disibility shall occur in tie office
of governor; lis cat as senator shall oe
j come vacant whem v r he shidl !•*•* cm**
goveinoi and s be fbi d i>y * 1 tin
i as any other vacancy in the sen; P .
>-e 1 i. Kveiv bill whie'.i s'ni'. tur i
pass <1 Itoti; h- a* si s shall I t pn seuted i >
the governor; it lie approve he shall i vii
it; but if he shall not appit \< IK sliall
ret urn it with hi- oi jeel ions to the ho; -e
in which it originated, which house shall
enter the ejections at targi upon tinir
journal and proee* <i to reconsider u. If (
alter sneli reconsider;.ti ui, two-thirds
of all the UK mb-.-rs ( J- ( -t< dto that house
shall agre* t puss the 1 ill it si ail i-es* lit
with tho oojtH-tii)UM to the < '.her lu use.
by which Ijk* Wise .: shuli m n-e< tisider
* *i, and il ap, ,e,v*d by tvvo-tliirds of ali
tl.e; ii- li.leisi !i cti dto that house it shall
he a law; but in such ea cs t--<- votes of
iiotb holts*-s shall be <l* i* i ndeed by yeas
and nays and the names ut thcmcmbeis
voting for again si tl.* bill shall b. enter
' Hi out 111- joiu'lialltoi' * actl house It SJN>-**t -
ively. IT any bill alatd not be retnnwd
by the govenior within ten days after it
shy 11 i*;.\ Iscii jui-seutnl.tu J;ii!i,..iU*
s.me shall U a iaw in like manner as if