Clearfield Republican. (Clearfield, Pa.) 1851-1937, February 17, 1875, Image 1

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    THE
" CLEARFIELD BEPlBUCAJf,"
QEUHtiK II. (JOOULANDKR.
CI.KAKFIELD, PA.
KtfTAIILiailEU IN
I he .stiff" Clrr ulatloi. of any Newspaper
In Nitrtb Ceutral le..iielveiila.
Terms of Subscription.
f pnl (I tn adranoe, or within .1 monthi....$'J (Ml
ff p,.id etier J end iMinrr won. ha Jl ftO
ff paid atiar tbe expiration offt utontha... 3 (Ml
Rates ot Advertising. ,
Crnltit arWertltonienle. per aqiiarrof 10 llnnior
tlino.i.r '.-!....
liireieh mihwmnl tnrMon
dinm.lra'i.r' end Kjiimninn nntlcite 1 0
AB liton'D..li'B. J
Canton and Km ray e 1
IliIut.n notion" -
PrfiM'iiiil Carda, 6 llnee or Irei.l year...- t 00
Ln-J tifttiiH'f, imr line. !
YKAHLY advkutisbmknth.
I (jitire...
! iiuiiroi..
. AO I ) onlutnti "- OH
tl 00 I i column... 70 00
Jll All 1 column- 130 00
(iKOnUB 11. ..Q0!..AN1ER.
Editor Publisher.
Cards.
to. . m arav. crura aoanea.
MURRAY & GORDON,
ATTORNEYS AT LAW,
:SH'74 OLKARFIKLb, PA.
' FRANK FIELDING,
AT'l'OKN KY-AT-LAW,
Clearfield, Pa.
Will attend to ill buaineai entrueted to hi
DlOUIptly end tmUMoHf.
WIM.lAV A. WAl.l.ACS.
many r. wam.ack.
PAVID L KKK1.I.
JOSS V. WMIQI.BT.
WALLACE &. KREBS,
(Kuwwn to Wallow Hewing,!
A TTOR X E YS-AT-I-AW,
H U T. C'learlield, Pa.
. IUOl, . I . 1. VA VAUIAH, . n.
DRS. WILSON & VAN VALZAH,
( learlleld,
OftVo in reiidinoe ot Dr. Wilkin.
Omra Iloi-aei cr,.m 1 J lo I r. a. Dr. n.
Valaeh ean be found l night In hi. room., nut
H,.r lo ll.rl.wiok Irwma Urn, Bl" . ' 1
Uirf-
iiovsin
Oil! J EFFEKSON LITZ,
WOODLAND, PA.
nr. ii n...m..il itnil all call! In Urn lino of
of hit
profeaaloa. nov-llMH
.o.arn . ,ai.tT. asil '"''nr-
McENALLY & MoCURDY,
ATTORNEYS-AT-LAW,
Cltiarlteld. Pa.
erar-Legal boelneee atlondiid to promptly with
tldelily. Ollioe ua Heeond atreal, above ma rrr.t
National Bank. Ja:l:7
G. R. BARRETT,
Attorn kv and Counbblou at Law,
m L- A k-IKl.n. PA.
Having raiinnod hi. Jndge.hlp, baa reeamed
th prnclino of the law la hi. old ofjoe at Clear,
old, Pa. Will attend the ennrta of Jeffereoa and
Klk onunlioa when apeoially retained in eonnoelion
ilk Maiilaint Aiiiinii-1.
WMi M. McCULLOUGH,
AITOIINEY T LAW,
( Iparlltld. Pa.
r-0mee In L'oorl llonw, (rtherllT'i Offlee)
Lal iioiinrin promptly attended to. Ural e'tate
bmiKlit and lold. ''
aT. W .W '"AT T E R S ,
AlTOHSEY AT LAW,
C'learlleld, fa.
SSn-Offlna In Orabnm'i now. (deealy
" HTwrSM"lTH7
ATTORNEY-AT-LAW,
etl:l:7.1 'lrUHd, Pa.
W ALTER-BAR RETT,
ATTtillNfiY AT LAW.
lOeo on Soeead St., OlearDeld, Pa. ngll,
ISRAEL TEST,
ATTORN BY AT LAW,
. Clearfield. Pa.
aarofflea In Pia'a Opera llnoia. Jyn.'7
JOHN H. huurunu,
ATT1IKSEY AT LAW,
Clearfield, Pa,
j.tfOHi'e In Pie'a Opera llouie, Boom No. .
Jan. , 1871.
'TohnTT. cuttle,
ATTORNEY AT LAW.
ud Heal Hatale Agent, Clearfleld, Pa.
OcHoo aa Third .treat, bet.Cherrj A Walnnl,
RLaT-Koapeelfully otfera hta eervleea la aelllng
ind nujlnl lande in Clearleld aad adjeinlnf
eoatieai and with aa aaporianetal oar twente
leara aa a aareayor, dattara hlratelf that ha eaa
render eatlafaeUoa. Ifeb. JM3:tf,
fEDERICKlj'LElRYDCK,"
SGHIVENER & CONVEYANCER,
. General Life and Fire Ins. Agent.
Doeila of Coneetanae, Artlolet of Areemenl
and all letfol japera tiromplly and neatly cie
eated. OrHce In Ple'e Opera llnaae, BiKiia No. 4.
Clearleld, Pa., April III, l:.
J TbTaKE WALT E R S ,
REAIi ESTATE BROKER,
AMD PR ALU 111
f4uw liOg nnd Ijiimbor,
" ' ; CLEARFIELD. PA.
mu'L.,'iik.r..'a Roa. ' 1:23:71
J. J. L INGLE,
ATTOBXEY-AT-LAW
l:l Oareola, t'learflald Can Pa. y:pd
ROBERT WALLACE,
ATTORN KY-AT-LaW,
rt allarctun. clearHeld County, Perm'.
auAII legal baaineaa promptly attended to.
' d!C7'tTJ."boyer,
PHYSICIAN AND SURGEON,
OHoa on Market Street, Clearteld. Pa.
dr-Offloe hourli 8 to 13 a. m , and 1 to I p. m
ryR E. M. SUIIEUBER,
IIOMtliOPATHIO P1IV8ICIAN,
Offloa tn reoidrnee on Market at.
April 24, 187 l'!?rfl.!lU,i
"' DR. W. A. MEANS,
PHYSICIAN ft SURGEON,
LlITllBllBUIl, PA.
Will attend profeaaional ealla promptly, auglo'70
J. 8. BARN HART,
ATTORN BY . AT - LAW,
llfllfrtiitte. Pa.
Will praetlco in Clearfield and all of the Coorta of
toe 2Jin joinciai lll.iriOl. ,,"i e.i
and oulleclion ofelaaaif mala apeoialliea. nl'7l
C. BAKER,
BARBER AN I) UAIlt DRESSER,
, CLEABPIULD, PA.
Rhtip la aid Wcetero HoUI. eoraer at Market
afra neeoaa etreelB, - ' lja"
JAMES CLEARY,
BARAER & HAIR DRESSER,
SECOND BTRKKT, '
jyJS) Cl.l: A R I'l Kl. I), P A. ti
JAMES C. WHITE, r .
HARDER AND 11AIH DRE8SEB.
Ilimm. In tie Leonard Houet,'
, , acpia 71 . . t,iearnria, ra.
J.. M. ROBINSON
Mannfaotarcr ami deaVr in
Harness, Saddles and Hi Idles,
' ColUr, rTitipn, Drnehei, Fly Neti, Triaralegi.
Korea Illankrla, An
Vaeuum, Fraak il1-r'iad KrttilW 01b.
Agi-nt Tor Bailey and Wilaon'a Haggle.
OnOrt ftrMl emair.HK tironptW attended to,
(Mwp Market rlrtl, Cloerftald, Ym ta room
fertweriy aeeupii-i y aa. jueienaer. i
MITCHELL WAGONS,
. . a-U.. i.
The Boat la the Cheapest! ,
Thamae Betlly baa re eelvwd anatbor large nl of
inraeii wegone,' whu-h are among Uievery
maaefeelared, aad rtieh be will aall at Ibe
W roaeenabte rawa. Hie atoak iaelndaa almoat
eVaeirpuau of wafoaa larayaad email, wide
werrew iraea. ' t;all aa . eea tbaoa.
H - - . . IIIUMAH KEILLV.
AMES B WATSON ft CO , '
' ,, . HEAL BJTAT TtmillERa, ' " '
i . . fLKABUKLD. I'KNN'A.
louaal and OflloM u. let, Cullertiona promptly
ate, aad Irat-elaaa Veal and Fir. Clay Lend.
ff"!' fo'wW, 0Io ItWeatera
jolel flnileUn( (Id llaur), freoad Hi. llff 74y
I
CLEARFIELD ' REPUBLICAN.
GEO, B. GOODLANDEE, Proprietor. ' " PRINCIPLES, NOT MEN. TERMS $2 per annum in Advance.
VOL. 49 WHOLE NO. 2108. CLEARFIELD, PA., WEDNESDAY, FEBRUARY 17, 1875. NEW SERIES-VOL. 16, NO. 7.!
Cards.
A. G. KRAMER,
A T T O It N E Y - A T - L A W ,
Real Relate and Colleelton Agent,
CI.UAItKI I.I.I), PA.,
Will promptly attend to all legal buiinc.i oa
tra.ted to bie oare.
tT-Ofhee in Pie'l Opora Ilouea, eeroad floor,
april l-0in
lohn II. Orvli. O. T. Aleiander. C. M. Uoaera
OEVIS, ALEXANDER & BOWERS,
AT'I'OKNKYS AT LA W.
llelleiuiite. Pa.
J. H. KLINE, M. D.,
PHY8ICIAN & SJJHGEON,
H AVISO looated at Penn'eld, Pa., ollere ble
profeaiional reice. lo the people of that
plaoe and eurroandina; eountry. Alioall promptly
attended lo. Eb.'JL'i-
J . P. I H V I H,
i. ..-.. TIKAiatt ill ' J .
GENERAL MERCHAKDISE,
MVTfBEK, Slll.rGLr.S, He,
AT TUB-
CORNER STORE,
Cnrwomellle, Nov. 25, 1874.
J OH N bTt H 6 M PS O N I ,
Jutllos ot th Pesoo Mid Horlrener,
CurwetiBVllle, Pa
tnonev promptly
paid .iver.
010. ALBKBT BKlfMT ALiKIIT..- W. AUKltT
W. ALBERT & BROS.,
llanuraeturere A exton.iTO Dealer! in
Sawed Lumber, Square Timber, &o.,
WOODLAND, ! B n
IT-Ordere eollolled. Bill, "lied oa ebnrl antiee
am, re."ii"i ""
Addnu Woodland P. 0., ClrerlMd Co..
. Pa.
.31. ly
ALBKBT A lllms.
FRANCIS COUTRIET,
MERCHANT,
frejiichvllle, t laarUeld County. Pa.
Keepa eooatantly on hand a full aaiorfment ol
Dry tlooda, Hardware, Uroeeriea, and eerythina
aanally kept In a retail alure, wliioh will naanni,
for eaah, aa eheap aa elaewliere in b
Prenohville, June 17, I871j.
THOMAS H. FORCEE,
PBALaa la
GENERAL M Klil.'ll ANDISE,
URAIIAMTIIN, Pa.
Alto.eitenaiee menufaetnrer and denier In Square
Timber and Sawed Lumber of ell kinda.
aptrOrdera aolielted and all bill, promptly
(Jled.
REUBEN HACKMAN,
House and Sign Painter and Paper
Hanger,
Clearfield, Penn'a.
tejuWlll eieeule )oba in bia line promptly and
la a workmanlike manoer. ar rl.87
HALL
PRACTICAL PUiMP MAKER,
NEAR CLEAI1FIELD, PENN'A.
Jrtr-Pumpe alwaya oo band and made lo order
on anort nouea. ripee uv v.
All work warranted lo reader iali.faclion, and
delivered If dealred. my5:lypd
ETA? B I G L E R&, CO.,
DBA L KM III
SQUARE TIMBER,
and manufawturtri of
ALL KIMUSOKMAWi:!) LUMIU.lt,
8-7'TJ CLEARFIELD, PENN'A.
J AS. B. GRAHAM,
dealer la
Real Estate, Square Timber, Boards,
glllNULES, LATH, A PICKh'Ttl,
9:107S ClcarflvM, Pa, .
TAMES MITCHELL,
naALca ia
Square Timber & Timber Lands,
jell'7.1 CLEAtlPIKLD, PA.
DR. J. P. BURCH FIELD.
Late Surgeon of the and Heglanent, Penney Ivanta
Volunteera, having rataraad from the Army,
ffera bia profeaalonal aervicta to tboeitlaena
af ClearBeld eoanty.
aProfeaelonalealll promptly attoniedto,
Office on Saoond alraot, formerlyoeeupled by
Dr.Wooda. . (apra, aa-ll
H. F. N AUGLE,
WATCH MAkEK & JEWELER,
, , and dealer In
Watches, Clocks, Jewelry, Silver
and Plated Ware, &c,
j,l71 Cl.KAHHKl.il, PA.,
I . SNYDER; ...
Practical watchmaker
ABO DIALS IB
Wtolio, Clocks an J Jowilry
CraAoia'e Horn, Unrhl .S'lr.el,
CLGAWIII.I.II, PA.
All kinda of repairing la my line promptly Bl
ended to. April 23, 1873.
i ' . : WI.MOVAI. , .
REIZENSTEIN & BERLINER, .
wholeaale doalere in
GEMS' FUtMSlllMi (.(KIDS,
Maya removed to 187 Choreb alreet, between
franklin end While eta., New York. jyT7!
Miss E. A. P. Rynder,
aaiRT ron
Cbleherlage, Stetnway'e end Rmerion'e Plinoe,
dmith'a, Maaoa 4 Hainlla'a and Peloubet'e
Organ! and Melodeone, and drover A
Baker'e Hewing Maehinea.
alio riAcatn op
Piano, On I tar, Organ, Harmony and Total Ma
ilt, No pupil taken for leia than half 1 term.
JKoom ojipuilt Uullrb'e Furoltnro Stare.
U I ear at 14, May , Itettr.
j. OLLOwanea
M. PATH riHRT
HOLLOWBUSH & CAREY,
'BOOKSELLERS,
Blank Book Mnnufai'liircrs,
AND STATIONERS,
SIM Market St., PhUadtlpMa.
Paper Floor Saeka and llaga, Fnolecap,
Letter, Nata,
rapping, Cartala aad nail
Papera. - feliI4.71
S'
TONE'S SAW GUMMERS AND
SAW UPSETS.
We have revolved the ageney fnr the above and
will eell theta at inanufaelurer'a prieea. Call and
eiamine them. They are the beat.
jelf-7! II. V. B1UI.ER A CO.
A . M. H I LL8
Would repectUHy no:ify nil pallrtila
that be hai rcdueail tbr prloe ol AHTi
HI lAl. TKKTtl tnt-MiOO uar att. nr
$.16 M fur a double ttl. For any Iwe pereona
eomlng at the laiae I Iwe, In have earn an i-p-r
est, will get tbe two eati for $.16.90. or $if.oO
aacn.
Tenna tnrartabty Car.
Clearfield, Mareh ,
3 At. 8. pAaeoai, Pree't R. B. BiKtRia, gre'y
CONTINENTAL
Life Insurance Company,
OF HARTFORD, CONN. :
Aaaeta .'. : W.IK.SM
Ratio of Aaaela to Mabillllea....'. It!
Farniahea Inearaneo at the very Inwert eoat
Poliov-holdera nartlelpate I the prnniaof the
Company, Ikua eonlloaally reducing tbe annaal
paynienla. ,,..'.
for ratee, aio., ean nn or aonrewe
R. M. McENAI.l.T, Agent. .
Oflleo IB NhaWl Bow, Clearleld, Pa, 7:l7(
WILLI A 11 II. HENRY, Jiisti
or ma Patca i Dcatvaeea, LllMllltR
CITY. Oollewllaaa dado aad promptly
paid aver. Arlielea of agreement aad deeda af
aoaeeyaaaa aeatly asaaatad aad warraated eor.
ran, ar an ebarge. , 1371
S.
. -
A FRAGMENT,
tr w. a. .
W hv no rlohn i our dtilr tibor
W ri all the wealth we ecu Id bops to win
Rut wo built tn oar hctrti roym pleo
For lovo'i own njr.Hi to cnlfr in.
Our lowly future w iondijr pt.inUd
U'ilh tvndrr ilrriminit ol bouflelxild Joy
Pwcct thi uicliti tlit thrill In a woman ' bourn,
And a true tioart'i lorrio wllhuut alloy.
lhrci day of Irluuro wo roaned togi'lbpr.
On go'ldro Humuer, by roefc and wavo,
Hut whon ihn lavi fell with rod.lPDing ruxtls,
Die cburtib yard grata grew abort bit grave!
And I, who had i bought lu ratt aoeurely
Un the brave yuunK boart that 9 am all my own,
Hud lo bury ny grit I, and go forth unalnolded.
To toll ia the weary world alone.
Hut A never knew me worn aad faded,
My brown hair lilrerrd, my eye grown dim
To tbe lait he aw ine thr o luve'e own iplondor,
And be took ibitt itoago to lleavoa with hiu.
So 1 fondly think uhea iny tk It oodrd,
And tb Ixnged-lor nai aball my brow eufold,
He will uivt iui fl rat on tbe bill of Kdcn.
And I fhall t- Ulr nt In diriof old.
1IEVOUT OF THE COXSTITU
T10y.il COMM1S.SI0X.
To the Jloiioraltc the tienate aiut Jfouw
nf Urjtretnitativtt of the Htnte of l'enn
njlvtmia in lieneral Assembly nut:
'1 ho coiiiiiiiHHiun iippoiutfti by the
(iovornor untlcr tlio net of the 1 ttli ul'
Muv, A. I). 1874, oiilillcd "An not to
civitlo n t'ontinirwioii to pivpnro nini'iitl-
liuiitH to Hit' .oii6titulion ol title. Loin-
iiiuti wiitlilt," rticlltilly beg li'iivo to
ri'iimt :
I'hut tlio coiiiinii(iii wn nriraiuicd
in rtnrnimtico of tlio Kiiid net hy ck-ct
inn llnnit'l Ainow the rliiiirninn nutl
Junit'A 1. Chiiiiiburliinil, Kq., of llnr-
l'tsli ttrjt, tlio ('lurk ol tliu cotiitniKnion.
In fxtftiting the ilttly iiiijiohihI liy
the net, it linn not been uYcmutl wiw
or m'CCMsiiry to i-uconiiiieiid much nl-
ttniIion ol thent'W (. onntitiilion. ilio
work of the convention which frnmud
it tvufl exteiiKivo und thorough, pre-
aenting in hu t s new frunie of govurn-
MH'iit. In a vnrl ol atieh ninirintuiie,
it would he expected sotne errors woliltl
creep in, nnd otnirisioiiB Im) nnnotieed;
nnd yet enretitl cxniniiml'on hint (Uh
cloned but few. An n whole it con
tinue vnhmble rolornts, which hnvo
been snnctioncd by nn overwhelniino;
ninjority ol the people. Ihere nre
leiitiuva iijinn wliich tliflereneeri of
opinion exist, hut which hurinif been
nettled by popular vote, nt leuat for
the present, it in thought wino to bo
permitted to remit in untouched, until
time und experience r-hull hnvo exhibi
ted their utility or inutility.
With the bingle exception of the ju
diciary article, the leust unnnimoiir) in
its adoption by the convention, we
hnvo conlined our revision to the
removal of ineonaiHtencies nnd pat
ent dclcotn, nnd to changes m a
few provisions which neeiit to bo
really ncccssnry ; our oliject uemrr
rather to pcrleet thnn to chitniro, thus
aHHistmir to muKO tuc lustrunient con
form to the truo spirit nnd intent of
the hody which proposed it.
The second und third urticlo relnt
tint; to the legislature nnd legislation
nnucontuiuing the most valuable re
forms, wo have touched lightly, and
only lor the purimso ol perlecting tlietu
proposu too loiiowtng iiinenu-
mcum, und wo have milled in each in
stance, by way of explanation, our
reasons more or ions at large.
PROPOSED AMKNIIUfc.NTS,
Article 11. Section 11. Add to the
end of tho section tho following : "Nor
shall n member of either House he par
milted to retign ponding a trinl by
tho House ol nn liiqHiry into ins con.
duct, which may lead to his expulsion."
Tho section as nmended will then
read : .aoli llouso shall have power
to determine the rules ol Us proceed-
mil's, unc' punish its member or other
persons for contempt or disorderly bo-
liavior in its presence ; to enforce obo
dienov to its process; to protect its
nicniDcr against violence or oilers ot
bribes or private solicitation, and with
tho concurrence) ol two-thirds to ex
pel a member, Dut not a second time
lor tho same cnuse, and shall hnvo nil
other power noecssnry for the legisla
ture of a free stale A member ex
pelled for corruption fhall not thero-
nller bo elighle to either House nnd
punishment lor contempt or disorderly
behavior shall not bur nn indictment
for tho same ollenno.
Nor shall n membor of either House
be permitted to resign pending a trinl
by tho House, or un inquiry into his
conduct, which may lead to expulsion.
ltemiiiks:
The purpose of this amendment is
ohvious. A knowledgo tlint expulsion
cannot he avoided will tend to prevent
corrupt practices, lustiinces linve oc-
csi red iu which members charged with
oll'ences deserving tho severest censure
hnvo escaped punishment altogether
by resigning, because it wits held that
such rcsignuunn ousted the jnnsdiction
ol the proper house over the offender
it is due ns well to tlio diL'tuty ot the
M-irisiuiuru un to itiriuer justice mat
crime nnd disgrucelul oll'enscs shall
not escape punishment in this manner.
Article J, section 3d, Hlnke out the
word "general" in the first line.
1 he section will then rend : o lull,
except nppropriulion bills, shall bo
pnssetl containing mora than one sub
ject, which snail no cienriy expressed
in its title.
Remarks:
The purpose, of this amendment is to
make tne section conlorin to tho amend
ments proposed to the 15th section of
the same article.
Article 3, section lGlh, Amend by
inserting nller tho word "schools," in
tho loiirth lino, tho following:
All other appropriations lor charita
ble nnd cdticutioiuil iiuimbcs, which
mny be mndo by a miyWity vote, shall
bo embraced ill olio bill, nnd nil appro
priations for such purposes requiring a
voto 01 iwo-tlintls ol Mm menibers
elected lo encli House, slmll bo em
braced in ono bill."
This section will then rend: Tho
general appropriation billahnll cmhrnc
nothing Dut appropriations lor the or
dinary expenses ot the executive, leg
islative and judirtnl ncpartments id
tho Commonwealth, interest on the
publio dobt, and lor public schools ; all
other appropriations forclinrituhle and
ediicaliiuiiil purposes which may be
made by a majority vote, shall he em
braced in ono bill, and nil appropria
tions lor such purposes requiring a
voto of two-thirds of the members
elected to each House shall bo embraced
in ono bill; all other appropriations
shall do made by separate Pills, encb
embracing but one subject.
Remarks: ' '.
Tho purpose of this aiuondiiiont lit to
bring the subject of appropriations to
charitable! and educational, purposes
before tho mind of the Legislature in
one view, theruhy enabling them to
adjust the sums appropriated accord
ing tn tho relative merits of the ob-
jcoia,el Ibe publio bounty, ami to kn-p
too aggregate aura aiiproritttvu willuu
proper bounds. - -j- v '.
Article nvo, section second. , Insert
after the word "avWV in tbe second
clause, "be commissioned bytheUov-
n.iuiv'l .ml nftnw tlin wnnl.
one years" tho words "beginning on
tho flint Holiday ot January next tine
their election." Tlio second clause will
then read :
"Tbt'T shall bo commissioned by the
Governor and shall hold their olllces for
tho term of twenty-ono years, begin
ning on the first Monthly of Junuar
next after their election." Tho secon
clntiso will then read :
"They shall be commissioned by tlio
uovernor and shall hold their olllces
for tho term of twenty-one years, bo-
ginning on the first 3i ond ay ol Janil
nry next alter llioir election, II in
shall so long behavo themselves well
but shall not bo again cligihlo."
Remarks :
As tho Constitution stands tho pow
er to commission the' judges is only nn
inference, and no lime is fixed for the
bcinnnihg ol their terms, the pur
pose is to supply these ientiirm of the
amendment of 1800, which wore prob
ably overlooked or lost siuht of in tho
transfer ot its provisions, to different
places in tho new l onsttlulion.
Hero follows n long list of ninend
moots suggested by the Committee re-
luting to Courts and tho Judiciary
system under tho new Constitution
not of much local importance. Hence
we omit it. En. Heppm.ican.1
Article V, section llith. Insert In
thu middle, cluuse after the word "shall,
tho words "ho commissioned by tho
(iovornor nnd shall," and nller the
wouls "ten years," tho words "begin
ning on the first Monday ol January
next niter their election.
Tho midillo clause will then rend
"und shall bo commissioned by th
Uovernor, nnd shall hold their office
for tho period of ten years, beginning
on the first Monday ol January next
after their election, if they shall so
long behave themselves well."
The entire section will then rend:
All judge required to bo learned in
the law, except tho judges ot the nu
prctue court, shall bu commissioned by
tho governor, and shull be elected by
tho qualified electors of the respective
districts over which they are to pro-
side und hold their othcos lor tho peri
od of ten years, beginning on the first
.Monday of January next niter their
election, it they shall so long behave
themselves well : nut lor nny rensonn
bio cause, which shull not bo sufficient
ground tbr impeachment, the governor
mny remove nny ol them on the ad
dress, of two-thirds of each llouso of
tho general assembly.
Remarks :
The purpose of this amendment is
similar to that ol the amendment ot
tho second section, to wit, to supply
the express power to commission tho
judges, ami to fix the timo when their
terms shall begin, which had been dono
in tho amendment of 1850.
Article V, section 1G. Htriko out the
entire section : Whenever two judges
ot tlio nuprcmo I ourt nro to be chosen
for the same term of Bervico, onch voter
shall voto for one only ; and when three
nro to be chosen, he shall vote for no
more thnn two; candidates highest in
voto shall Do declared elected.
Remarks:
Tho purposo of tills amendment is
to return to a direct election of tlio
people for the judges of tho Supremo
Court. Tho effect of tho section as it
stands is to deprive the people of an
invaluable right that of selecting thoso
who administer their Inws and to in
vest it in an irresponsible body, un
known to any legitimate form of gov
ernment, and subject to no correction
It is on anomalous, irregular nnd anti-
Domocrotic expedient, to reach a pur
poso foreign to truo principles ot right
government.
When two judges aro to bo chosen
for tho court in the Inst resort in which
tho final exposition of tho lnwa should
accord with tho genius and sentiment
ol the whole people, no reason ol sotiud
nrincinlo or of nublio welfare should
exclude tho citizen from the choice of
both.
Why should they bo confined to
ballot for one leaving tho selection ot'
the other to accident or tho nianngo-
incnt ot an irresponsible convention,
or worso, perhaps, to tho cunning ma
nipulation of this uncertain, uugov-
erned collection ot partisans, the
novelty means simply that a minority,
no mutter how it is composed, shull
make appointments to office. Ureal
or small, its voice is ull potent, no mat
ter bow accidental or how it misrepre
sents genuine public sentiment.
f rom the very nature ol public nl-
liiiin, they nro certainly varying, neces
sarily requiring chnnges ol administra
tion to meet the popular will. When
theso changes como, why should not
tho popular voico bo beard in tho elec
tion of judges in accord with the peo
ple themselves. Hut this invention
seeks lo repress tho populnr will by
taking Irom tho citir.cn one ol bis bal
lots and striking down his power to
oppose any ono ho may deem bad or
mint, it id his right, necessary to tho
unjoymcnt of true liberty, to vote
against as well aa tor candidates. Dut
thisdovico take away that powor.
There is no longer a contest before the
people wherein tho citir.cn mny striko
the unlit mnn ot his own party by
voting for his opponent; and no mut
ter how ho casta his single ballot, tho
incompetent or unlit man, by an in
genious stroke of nrt, is successful ere
tho election hits begun. Nop is the
right vain or nseless, since four times
hnvo tho peopu abandoned party lines
in voting for Supremo Judges ullerthe
amendment of leot) hud Invested litem
with tho power of choice
I ho people hnve hail no opportunity
ot voting uircclily upon this anomaly
we think tho opportunity should bo
given to them, and wo have therefore
reported an amendment to striko out
tho sixteenth section ol tho 111! h article
Articlo V, section 18th. Insert af
ter the words "paid by tho Klute," nt
tho end ot tho first clause, tho follow
ing: "Such compensation muy bo in
creased but shall not bo diminished
during their continiinco In oflleo."
The section will then read: Tho
judge of tho Supreme Court and the
judge of the several courts of common
pleas and nil other judges required to
be learned in the law, shall at stated
times rocoive for their services an ade-
fpiuto compensation, which shall be
ixed by law and paid by tho Slato.
Such compensation mny bo increased,
but shull not bo diminished during
their continuance In oflleo.
Remarks:
Without this amendment any ill-
crenso In tho snlnries of tho judges can
bo ninilo only prospectively. The ef
fect of such nn inereaso would bo to
excludo from it benefits all thoextiori
enccd judge in tho Commonwealth,
nnd to athnit to it benefit only tho
nowly elected and inexperienced. It
might happen that tho judge of the
court ot Inst resort should be ill the re
ceipt of different snlarios, nf which that
of the Chief J netice would be the small
est and that of the youngest justice
iurj largest, do great an injustice could
not bav been intended and should be
relieved against.
-
This amendment leaves tho whole
subject in the hands of tho legislature,
to bo disposed of as tho chanirinif cir-
cu nislnnces of tho Common weait h shall
rentier expedient and just.
Tho provision prohibiting diminu
tion of salary during a iiulce's continu
ance in oflleo is borrowud from the
former constitution. It has nlway
bocn rocogniicd as necessniy to pro-
servo the independence ol tho judiciary.
Tho judiciary has been esteemed tho
weakest department of the govern
ment. It has neither patronage nor
political inntionco, and is ollon the ob
ject of attack in times of high excite
ment, mo power oi another depart
ment, tho legislature, over the salaries
of those wbo fill tho offices ol judges is
nt variance, with tlio great American
theory of the division of government
into three, independent branches, tho
Inw mnking, the law deciding, and tho
luw oxeeuting departments; nod one
which can lie exercised witb tremen
don effect in controlling judicial de
cisions. While in ordinary limes no
dancer Is to be apprehended, vet in
times of high partisan excitement the
exercise of the power is cusily possihlo
and intL'ht bo attempted.
Articlo V, section 21. Striko out the
words "as herein provided" at tbe end
ol the sec. and subslitttto tho following
'Of prothonotiirics of the Supreme
Courts, criers, tipstaves, nuditors, com
missioners to tuko testimony, oxumin
orR musters in chancery, and such
other ollieers nocessarv in tho ndinin
istrntion of justice in the said court as
shull bo provided by law.'
"Tho prothonoturies of the Supromo
Court shall hold their offices lor a term
of three years, il they shull so lone; be
havo themselves well, and until their
successors shull bo appointed and quuli
tied ; but may be removed by the said
court for misbehavior In ofHco or upon
conviction of any infamous or disgrace
ful ollense.
Tho section will then read :
"No duties shall bo imposed by law
upon the Supremo Court or any of the
judges theroot, except such as aro ju
tliciul, nor shall any ol the judges there
of, exercise any powor of appointment
except of prothonoturies of thoSuprcme
Court, criers, tipstaves, auditors, com
missioners to tuke testimony, oxumin-
ore, musters in chancery, and such oth
V '
or ollieors necessary in tuo admimstra
tion of justice in tho said court, as shall
bo provided by law. The prol hono
turics of tho supremo court shall hold
their otllccs lor a term ol threo years,
if they shall so long behavo themselves
well, and until their successors shall bo
appointed and qualified ; but mny bo
removed by the said court lor misbe
havior in office or upon conviction of
nny inlnnious or disgraceful offense
Tho court of nieinrivt is hereby nlsil-
ished, and no court of original jurisdic
tion to bo presided over by any one or
more of the judges of the supreme court
shall Do established."
Remarks: .
The words in the section "except as
heroin providoil evitlcnco tho inten
tion of the convention to specify after
wards the appointments tn be made
by the court. It was not done, how
ever, probably . from mere oversight,
but tho express uciiiul ol any power ol
appointment, as tne section stands.
raises a serious question as to tho pow
or of tho court lo appoint even those
ofllcor necessary for tho administra
tion of justice. Tho purposo of tho
amendment is to do what tho conven
tion doubtless intended to do. The
power of the appointment of tho pro
thonotnrics of the court was possessed
under tho Constitution of 18J8 and
evidently was not intended to be taken
way.
indeed tho control of theso officers
is too important, the State Treasury
having already been benefitted by it in
mo settlement ol their accounts.
Article VIII, section 17th. Striko
out the words "members of the cenerul
assembly" iu the first clause, and insert
alter tho word "thereto," at the end of
the Bocnnd clause, tho following:
"At tho trial ol a contested election
of a Senator or Representative before
a committee of cither House, a judgo
of tho Supremo Court shall preside,
and shall decide questions regarding
the admissibility ol ovideneo, and shall
at tho request of tho committee nro-
nouneo his opinion upon the questions
oi law involved in the trinl."
The whole section will then rend as
follows:
Tho trial and determination of con
tested elections of elector of President
und Vice President, nnd of nil public
officers, whether Stulo, judicial, muni
cipal or local, shall bo by tho courts of
law or by ono or more of the law judge
lUcrool ; tlio gencnil assembly shall by
general Inw des'irrmlo tho court nnd
udgea hy whom tho several, clusscs of
election contest, shall bo tried, and
regulate the mnnnor of trial and all
mnttcis incident thereto. At? tho trinl
of a contested election of a Senator
or Representative before a eommittoo
of cither House, a judgo of the supreme
court shall preside, and shull duciiloall
questions rognrding tbo admissibility
of evidence, nnd shull at tho request of
too committee pronounce bis opinion
upon the questions of Inw involved in
ho trial; but no such law nnslemnir
urisdictinn of rejrulnting its exercises
sl.u.11 Apply to hoy oontest arising out
of nn election h?ld before it passage.
Jtemarus:
Tho words "member of tho eonoral
assembly" in tho section, are in direct
conflict with tho Instclnuso of tho ninth
section of tho second articlo, which do-
lares that "Knelt House shall judge ol
the election nnd qualification ot it
members." One or the other provision
must vivo wav. and it has been deemed
bettor to leavo each lloime to judge of
its members, rattier than lo send the
trial to another tribunal. But to guard
against an unjust oxercisenf the power
in n triul before a committee, wo pro
poso to amend by placing at tbo head
of it a judgo of the supreme court (as
signed thereto by tho court iUielf,) in
analogy tn tho seventeenth section of
the lourth article, Irom which the
amendment is chiefly taken.
Articlo IA.. section 1st. Insert alter
the word "corporate profit," in tlio
Inst line but one, the following :
Properly owned by oollogos, acade
mies and other intstilutions of learning
not used for private gains," and adtl at
the end ol the seeliou the words "aim
Hospitals." '
The suctions will then read :
"All taxes shall bo nniforin upon the
same class of subjects within the terri
torial limits of the authority lovylng
tho tax, and shall bo levied and cob
looted under mineral law i but the min
eral assembly msT by general laws ex
empt from taxation publio property
ustxl for nublio Durptiaee, actual places
of religions worship, plaoe of burial
not nsed or held for privnto or corpo
rate profit, property owned by college,1
academic and other institutions of
learning not weed lor privnto gain, in
stitutions of purely public chanty, and!
hospitals." ,. . a i .' .
Remarks: , , '" 1 '' ,
The purpose of this amendment is to
cnnblo tho legislature in tho exercise
of their sound discretion to exempt
institutions oi learning irom taxation
Kducation is a (Slate interest, and its
benefits belong to the people. When
an institution of learning is used for
its proper end, and not for privnto guin,
it subserves tho welfare and best III
terest of tho people themselves.
There is no sound reason why such
institutions should be taxed. Thoy
rndinte their benefits In another and bet
tor form by diffusing what is more vai-
tiuljlo to tho community than money
returned by taxation into the public
treasury at tlio expense oi the ability
of thoso institution to obtain their
greatest good. Many of the colleges
of ibis Slato hnve been founded or
largely endowed through the miinifieont
donations of privnto oil i tens. A policy
which would permit "such institutions
to bo taxed, would be illiberal nnd an
unjust imposition upon privato beno-
inctions tending to their repression nnd
to public iiiiury.
Articlo LV, section 8th. Strikeout
tho word "at nny one time" in tho lust
lino ol the section.
Remarks :
Tho purpose of this amendment is to
limit the aggregate indebtedness which
a city may contract to ten per centum,
As tho section stands it is open to a
doubt whether there is nny limit to
tho amount ot tho Indebtedness which
a city may contract, if its debts exceed
od seven per centum at the timo of tho
adoption of the constitution. An in-
terenco might bo drawn Irom tho words
"at anyone time" that tho intent of this
part of tho section was merely to limit
tho amount ot the addition to bo made
to tho debt, at a given time., leaving no
limit to tbo mnmT of ndditions to bo
made, or upon tho total amount of in
debtedness.
Articlo XIV, section 0, nmended by
adding at tbo end of the section tho
following:
"All tines nnd penalties shall be paid
lo the treasurer ol the proper county.
ltcmnrk :
The purposo of this amendment is to
correct an irregularity arising Irom
tuo present laws disposing ol ntio und
penalties. In soino counties theso are
appropriated to a single Bt hool district
or to a law association, or to other
purposes. The expenses of the admin
istration of Justico aro borno by the
people ot tho wholo county. It is but
cquitublo that the results of this ad
ministration should bo distributed equit
ably to tho wholo population nnd not
to individuals, or to particular districts
or persons. In ono of tho counties ot
the Commonwealth, at tho full term of
1874, fines amounting to nearly ono
thousand eight hundred dollars, were
by a local Inw diverted from tho county
treasury to that ol tho county town.
A leading thought ol tho convention
was tho introduction ol uniformity in
to tho law of tho Stato, and this is
evidenced among other provisions by
section 2C of tbe fifth articlo, declaring
that all laws relating to courts shall
be general and ot uniform operation.
Articlo XIV, section T. Strikeout
this section :
Threo county ' commissioners and
three county auditors shnll bo elected
in each county where such officers are
chosen, in tbe year one thousand eight
hundred ami scventy-nvo and every
third J'enr thereafter; and in the elec
tion of said ofllcor each qualified elect
or shall voto for no more than two
persons, and tho threo persons having
the highest number of vote shall bo
elected; any casual vacancy in the
office of 00111113' commissioner or county
auditor shall bo filled by the court of
common pleas ol tho county in which
such vacancy shall occur, by the ap
pointment of an elector of the proper
county who shall hnve voted for tho
commissioner or nutlitor whoso plnco
is to be tineu.
Remnrks :
Tho objection lo this section nre
serious nnd practicnl. Tho system of
county management ho always been
a mutter of law, nnd wisely so as abso
lutely necessary to accomodate it to
the change in times, place nnd cir
cumstances. Hut this section cstuli-
isbc an unnltcrublo nnd fundamental
rule, which no exigency can modify or
dispense witn. it also destroys all
oxperienco and knowledgo acquired in
the management of county nn'uirs, by
turning out tho whole bonrd of com
missioners or auditors at ono nnd tho
same tune. Under tho oltl system
two commissioners or auditor nlwnvs
remained in oflleo to preservo tho skill
nnd knowledgo acquired in tho service.
Hy tho wholesalo turning out required
by tho section, tho clerk becomes
practically the bonrd of commissioners,
nnd those, when coming in altogether,
must look to him for guidance in their
duties. Tho auditors hnve not even
this aid, but must endenvor to sottlo
the nccounts of tho officers with the
small knowledgo that plain nnd un
learned men hnvo, who, in the country
generally, fill the office of auditors.
The purpose ol the section wns to
adapt the system to tho now mode of
voting. It seems to ns the good pro
mised to be gained hy it beam no pro
portion to the evils it will entail.
Jt the people really desire to elect
theso officer in the mode proposed by
this section this will leave them at
liberty to do so. They can pas laws
providing for thoir election upon the
cumitlutivo plnn or the restricted 'if
they ploasu. If, nfter trying the ex
periment, they should conclude that it
it wan not best to continne it they
could abandon it without wniting to
change tho constitution. The section
was nt best but an experiment, and
experiment aro more easily and safely
tried in the statute than in constitu-
ional provisions.
Article AVI, section 4tn. nirixo
out tho wholo aeclion :
In all eloctions fnr directors or man
ager of a corporation each member or
hare-holder may cant the whole nuin-
bor of his voto for ono candidate or
distribute them upon two or. more
candidates ns ho may prefer.
Kemarks :
Articlo XVI, section 4th. Tbi
section ia very olisctiro and difficult
to interpret.
In ordinary corporation election
ench stockholder costs a certain num
ber of votes for each candidato, the
umber ot vote being governed hy the
number of shares ho holds. Nu mat-
tor how many director or manager
there may be, hi right Is to cast the
whole voto for every ono, because ho
ha tho samo right of (election of
every ono who ia to manngo hi at
fui a a' corporation. Hut by the
term of the section he can cost tho last resort Tho remedy ta in the
whole number of hi vote lor only hand of the legislature. Writ of cr
one director, and if thoro be more than ror and appeal mny be limited by the
ono ho must distribute hi voto among ' sum in controversy sny five hundred
them. If thoro h imvon director 1 dollars with an exception as to eonsti
(and oftentimes thore are twelve or jtutlonnl questions, and uch others as
more and if he have thro aharon, or tho court below shall certify It Verily
three voto, ho can, according to the believes to be important ami nceeseary
now rule in the suction, cost theao .to bo carried nn. It i argued that
three vote, at most, for only throe the poor ahonld he entitled to litigate
directors. a well a the rich.
Ho is thu deprived of voting fnr all
tho others, nnd even when he has as
many vote as candidates, ho is com
pellet! to distribute tbum in such man
nor thnt he lose the power ho had
hitherto. Tho proceedinir is exceed
ingly anomulous, and restrains rather
thnn enlarges the powor of tho share
holder. If the purposo of tho draftsman of
this section was to provide that each
shareholder might "cumulate upon
one cundiduto, the whole number of
vote he can cast for all tbo directors,
if voting upon all his shares of stock
for each director, it would appear that
it is not accomplished well, hither tho
purposo of tho section is not clear, or
it is imperfectly expressed.
Article XVI, section 5th. Strike
out tho words "do any" in the first
line, and Insert tho words "engngo in
in lieu thereof.
The section will fbeu rend :
No foreign corporation slmll engage
in business in this State without having
ono or more places ot business, and an
authorized agent or agents in tho same,
upon whom process muy ho served.
Remarks:
The purposo of this amendment is
lo obviate an interpretation, which
would nrevent a foreitrn oornoration
from doing any single net relating lo
its a flairs without complying with the
requirements of tbe section. A corpo
ration not intending to ongage in bus
iness in the htnte mny hod it neces
sary to do a particular act not within
thu mischief to ho remedied.
Articlo XVI, section 10. Striko out
tho lust clause, to wit, the words, "No
law hereafter enacted shull create, re
new or extend tho charter ot more
than ono corporation."
Kemarks:
The purpose of this amendment is to
nnrmontzo the section witn tne pro
vision in tbo 7th aeclion of the 3d ar
ticle, that tbe general assembly sha
not pass any local or special law "cre
ating corporation or amending, re
new inn or cxtcndihfr the charters
thereof." According to the 7th section
ot tho 3d article, tho Legislature can
pass no special law to create, extend
or renew charters. Yet from the terms
of tho Inst clause of tho 10th section of
the llith articlo, an inference might bo
drawn thnt a special act could bo pass
ed if it contained a charter of not
more than one corporation.
I ho iii section ot tlio id articlo con
fines legislation to single subjects. The
last cluuse of this 10th section is use
less nnd its removal will prevent ap
parent conflict.
Article 17th, section Oth. Amended
by inserting tho words "or oxtended"
between the word "constructed nnd
the word "within."
The section will then read;
"No street passenger railway shall
be Constructed, or extouded. within
tho limits of any city, borough or town
ship, without the consent of its local
authorities.
Remark :
Tho purpose of this amendment is to
embrace a case as clearly within the
evil to bo remedied as thnt now pro
vided for in the section. An existing
passenger railway constructed with
tho assent of the city over certain
street may, without its assent, bo ex
tended to other streets to the great
injury ol tbe public. The well known
legislation to onablo the Union Pass
enger railway company in Philadelphia
to extend its railway into Market
street, between Front and Ninth streets,
nllords an illustration ot the omission
intended to be supplied by tho word
"ejrtenaed.
Wo shall now direct attention to
some mutters discussed, but not acted
upon.' lictoro doing so, in view of the
future as well as lor tho present inldr
mution of the legislature and the pub
lic, it i proper to refer to tho workings
of the commission. At its first busi
ness mooting (July 3, 1874), after dis
cussing tiro licst plnn of proceeding,
it wns determined that ench commis
sioner should cxnmino the new consti
tution in detail nnd present his views
n writing for consideration nt tho next
meeting (Sept 1, 1874). Tho effect
wns to tiring every section ol tho in
strument into review. This required
ninny day of chamber work for which
no charge bus been mndo. Tho ex
pense ot this commission is therefore
not large, being conlined to nine days
of actual sessions, and the traveling to
and iro.
The first and most important sub
ject requiring notice, is the business
uf the supreme court From lists fur
nished by tho prolhonotnries of tho
eastern, middle nnd western districts,
it uppears that tho tolal number of
cases on the argument lists lor 1873
wns nine hundred ; anil on the lists of
1874, eleven hundred and Bcventy
five. i
Theso nro cxclusivo ot arguments
upon motions, etc., etc. It is evident
that tho court cannot kocp up with
tho business of tho State. Tho in
ereaso of tho number of judges will
add nothing to tho dispatch of busi
ness. All tho judgos must sit to hear
the arnutneuls, each must examine
every case for himself, nnd must con
sult first iiKn the causes and then on
tho opinions as written.
Tlio division of lnbor. in the writing
of opinions- inoiely, vuses individual
labor out of court but does not lessen
tho ilutie otherwise. Somo remedy
must bo devised, else there will bo a
denial or a delay of justico, contrary
to tho 11th section ot the bill of rights.
It was proposed to establish a system
of district court of error and ap
peals, to bo held by tho president nf
the common pleas of n certain num
ber of adjoining districts ; hut discus
sion led to tho unanimous opinion thnt
tho system would promote litigation,
produce contrariety of decision in dif
lerent district, render the law uncer
tain, and imroduoe evils greater thnn
tho good to bo accomplished,
ti' . - I I .r. .1
V e nocd only refer to tho experi
ence of Now orU in referonco to her
system nf district supremo courts, and
hur high court of errors and apHals,
the samo in principle and effect aa tho
system proposed tor Pennsylvania.
Hut we moan only to allude to this
subject, nnd not to discuss it.
T he judicial system of Pennsylva
nia l remarkable lor its simplicity sou
effectiveness, and ought not to bo do
parted from. We understand it;
new one wo may not, and it would
only be an experiment, which had bet
ter be mado by law than In a consti
tution. All thnt is needed i to prevent tho
useless flood of litigation forcing its
current upward Into tho court of tho
But this is a mere surface reason nnd
nnrlnkna mora ,.f , I, .,,,.. !-, ll,
statesmanship. Where thu public has
liimisbod a suincienl tribunal ol jus
tice wherein nil men s rights may he
carefully considered anil determined
in a court ol the most approved char
acter, a trial of fucta by their peers,
and of luw by an impartial nnd h urncd
judgo, tho demands of justice aro snlis-
lied. i ben tlio public have a light to
.1 , p .r I .
Ull enu OI llllguuoil unu Ol expense.
One of the oldest maxims of public
right and expediency is thnt "Inter
est rqiublicae, vt lit finii tetmm.
Tho argument that a man is enti
tled to a second hearing cun logically
be used to demand a third. Tho in
terest of tho public aro higher than
those of individuals, and henco there
must be a limit at which the right to
consume tho public timo and money
must censo.
This limitation fulls on tho rich and
iioor aliko, and no man, rich or poor,
has a right to litigate at bis pleasure.
It is nn assumption untrue in fact that
errors nre frequent. Tho largo pre
ponderance of judgments affirmed in
tho supreme court disproves tho asser
tion. Tho proportion of causes nfltrnied
to thoso reversed in the yenr 18U4 wns
seventy -novcn per cent, or over thrco-
lotirtbs ().
Another subject of notice is found
in tho twenty-second section of
tho third article. Municipal debts
should not bo the subject of invest
ment by executors, administratoi's,
guardians or trustees. Such legisla
tion is sometime procured to make
tho bonds of small cities saleable. It
is doubtful w bother tho bonds of such
cities as Philadelphia nnd Pittsburgh
should be made so. Tho moneys of
widows, orphans, infants, the insane
and others under disability should not
be ventured upon tho uncertain waves
of city polities or plans.
Iho lourth soclion ol the eighth
article relating to elections was much
discussed. Timo has not yet tested
tho utility of the amendments iu this
section, rrom information wo have
reason to believe there nro places
where tho numbering of tho ballots has
bocn omitted. This raises a serious
question ; how fur the omission will
invalidate tbo entire poll. The requis
ition is both a constitutional and a
mandutory ono. Wo simply call at
tention to this: It is said "also that
fraud are easily perpetrated, by sub
stituting ballots in handling thornier
numbering.
Another subject, and ono ol para
mount importance is tho first section
of the ninth article, as to taxation nnd
finniico. A practical question bus al
ready risen in tho city of Pittsburgh,
to wit: What is constitutional uniform
ity t It was fully argued last October,
and so difficult is it tho supremo court
ban ordered a re-argument. 1 he sec
tion declares that "all taxes shall be
uniform, niton the same class of sub
ject within the territorial limits of the
authority levying the tax, and shall
be levied and collected under general
laws."
It will bo observed it Is taxes (ibe
thing levied), not taxation (or the sys
tem) that shall bo uniform of one
form. Does this mean it shall bo a
rate of ad valorem, or a certain sum on
specific articles? Tho uniformity must
relate to tho samo class of subjects
within certain territorial limit.
Thus tho power ot classification of i
subjects in given territories is returned.
Can tho legislature impose n rnte on
one class and a specific sum on tho ar-
tide of another class? Again, take a
given territory, sny tho city of IMiila-!
Selphia, containing both urban and . ' ',"l'l'r. .Moreover,
rural property, may tho eity (tho .u-, h ? ' " ' 'l?, ",k" mi'0 easily
thority levying tho tax) impose a rate i !n-. 1 h,s ,l10 ''''!
of three nulls on urhai and two mills 1I," ,"r 11,0 ' Tr' 0,,J. nt "y
on rural property ? If uuiform taxes
nienn equality of burthen (a more in
definite idea nnd yet tho probable
thought of tho convention), tho prop
erty having tho benefit of pavements,
water, gas, tiro department, sewerage,
police, ready access lo stores, markets
and places of business and publio resort,
should bear a higher rate of tax than
rural property devoid of theso. Hut is
it uniform to lay, one tax of two mills
and another of threo mills on real es
tates within tho same territorial limits?
Again, theso uniform tuxes must bo
imposed by general Inws. As n prac
tical qucstiuu, how is it possible for the
Assombly so to legislate in view of the
diltereiit territorial hunts, the niulli
n..,i i.n : i'
subjects of tuxution? Again, do uni-; . '' .... - . t ,. ,
form taxes, U' equably of burthen be!, 1 lie custom ol clipping is believed
its moaning, require every subject to l" 1';' ongiiiated in Wales where
l,,ii.v,l A. . i.f,.,. tl,.,i i ,..,i iroiigli-ooule'lpoiiiuinroinuso. 1 henco
i'.ir.n 1. a ,d.,.i ., i.', i. '
any ono sit down to iho practical test
of drawing a general act, w hich will
levy uniform taxes, and ho will find
himself unable at the very start to (lo-
uuo - uiiuorin taxes. 1 mess no can
so define, as to givo it n practical ap
plication to tho different subjects of
taxation, bo lints to furnish a guide tor
legislation. This brings into view iho
next difficulty, to wit, is "uniform tuxes"
a judicial question, or legislative only 1
If judicial then overy tux law can be
brought before the courts, nnd proba
bly no luw will ever stand tho test of
cnticnlcxumination. J'erhanswe ii"e
now said enough lo uivtlo tho atten
tion of tlio Legislature nnd thu people
to this most ditllcult subject.
Wo also invito your attention lo the
lUirieentiinriicio relating to new co in ,
ties. It is perhaps a question whether
tho provisions ol thi articlo nro nn
adequate protection against the evil of
cutting np tho territories of tho State
into small nnd unimportant niiinicipiili
lies. Privnto greed and lovo of gain
tend to tho creation of insignificant
counties, with their trains of courts,
officers and other expensivo institu-(
tions. .
Tho peoplo are thu iinneoossnrily
tuxod to gratify the wishes of a low
interested parties. -
Thi ubjcct nnggest also If con
nection with the seventh section of the
third articlo, which forbid special or
local legislation as to new counties. It
is difficult to see how any general law
ean be devised for tho creation of new
counties which will not take out of the
hands of those most qualified lo deter
mine it tho question of creating a new
municipal division of the State one of
it membor entitled to a representa
tive in the legislative body and having
a direct hiflncnce upon tho Interests oi
the Hlnto at largo. A superintending
Stato power aoomn to be required. As
connected with thi Is also tbe prohibi
tion in thesoventh Motion againstoreat
ing officer" and prescribing the powor
and dnties of officer in counties nnd
cities. Thi section prohibiting special
legislntion, is ono of tho great reforms
introduced try the convention and we
aro not disposed to recommend any
change In it Timo must determine
th nocessity of amendment Ytt it
i proper shonld call attention to
these subject ra order to indue care
ful obewrvnlion of the practical work
ings of the stvtlon, and lo direct in-
qtilry Into tho great extent to whh h
it has taken from tho Lcginlutttii' tho
power to adapt Icgislallon to iho local
peculiarities and needs of tho sovtirul
cities and counties of tho Common
wealth. Under ita operation, no matter how
urgent the necessity for a pnrliculnr
oflleo in some particular city or county
inny lie, no" how unnecessary, indeed
hurtful, such oflito muy be in tho other
cities and counties of the Stute, the leg
islature cannot provido for tho need
where it exists, except by the eiinct
ment d'n general law, which shull ex
tend the provision where the need does
not exist, and w hlohtnirt operate null
fully on the people of oilier localities.
A general law tor a special purpose iu
the worst form of special Icgislallon,
and II would seem thnt such modifica
tion of this section ns would ennhlo
the legislature to meet the real net-Is
of IlKul miVCl'liniellt by pi'OpOI' local
legislation, w ithout a resul t in every
instance to tho expedient of n general
luw, needed only in a particular locality,
could be safely made. Hut the precise
character and the extent ot the modi
tiication required cun bo determined
in tho light which actual experience
nlono can furnish.
All of which is respectfully submit
ted. Damkl Aunkw, Chairman,
JIknjauin Harris Univ.sri.n,
Saui kl E. LMalMICK,
A.VIUIr.W T. M'Cl INTOCK,
W. II. Pl.AVFOltD,
William A. Wallace,
Henry W. Williams,
2Cth January, 1S75.
117 Y XOT (iO TOTIIE BOT
TOM A T OXCEt
".Sumner's legacy," the Supplemental
Civil Rights Hill, under the muungo
ment ol li'eneritl litttler, is just now
the great issue in Congress, and we
are glad to see that tho Democratic
members manifest n goodly share of
the old-time sense, courage nnd manli
ness. This bill demands miscegena
tion or mixing nt tho fireside as wc'l
ns ut tho polls, and places those mem
bers with slight scalawag tendencies,
who believe or pretend to believe ndis.
tinctioti between political and social
rights, in nn awkward position. Hut
why not go to tho bottom nt once lo
tho final end nnd object of the mongrel
party, nnd by ''appropriate legislation"
force tho white men of the South to
marry wonohes and tho women to
mute with Sambos, und thus realize or
pracliculizo tho Abolition "idea," nnd
enforce the "amendments" to the ut
most extent ever possible to mortals,
men, beasts or devils? Tho Aboli
tionists hold that the Almighty Crea
tor of the universe, has made a inis
lulto in creating distinctions of race,
nnd to correct this blunder of Provi
dence, they hnve "amended" the Con
stitution, lorbidding the people to rc
cognizo these distinctions, ami given
Congress power, by ' appropriate legis
lation," to cntoree the "amendments."
This Congress has been at work lor
ten years past, by its "Civil Rights
bills," Ku-Klu., Enforcement luws.fVc,
but though it has n standing army to
nid it, it lias thus fiir failed utterly to
reach tho cud in view, and then-lore
they now propoao a "Supplemental
Civil Rights Hill," which, with .Sheri
dan's nid, they fancy-will accomplish
their object and enloivo tho 'amend
ments, lint we repent, why not go
to tho bottom, and loit-o while and no-
gro to intermarry, nnd thus rench the
end tbev seek al once? 1 1 is no more
in conflict with tho Constitution of
1787, or with history or American civ
ilization, or the national order, or work
of Hod, than any other of their "laws"
on this subject lor ten years past, and
as it reaches at a single hound ull th it
is possible to mortals, it is certainly
"appropriate legislation." X. )". Day
ll'Xik. no hue vnrrixa.
Sands, tho circus proprietor, was tho
first to clip horses in this couutry, in
1844. There was opposition to tho
practice at first, but experience proved
that clipped horses escaped many mal
adies to which tho animal is subject,
such, for example, ns the colds that
aro taken from tlio congealing of pers
piration under a thick tout oi' hair.
l'ho clipped homo does not persjiiro
so freely us tho uuiiual w hose hair is
suffered to grow; he is I herefore, less
r., , " ',
"',.:: . , "
o
establishments iu this city the work is
uono with machines under the pressure
of extensive patronage. A knilb is
loadu to revolve over a comb, cutting
olf tho hnir evenly as it projects above
j tho teeth. Thus rapidity nnd even
ness of clipping is secured, and there
I is no ditnger of cutting thu skin. A
homo can bo clipped in this nay with
one machine in two or three houm.bul
; several machines m.iy be operated at
onco on the. same animal, thus greatly
expediting the operation. ho price
varies from f 0' lo ?S. and the operation
is ununlly rcscntcd later in the season.
Homes used in running races arc not
olten clipped, bccuut'3 they are not
used in winter, nnd been use their tino
coats nro not benefited bv the shorten-
it spread lo England and other conn
tries. Iho extent to which It Is fol
lowed in this country was shown on
the boulovni'ils yesterday, whoro'un
clipped horses were exceptions among
the hundreds thnt dnshed over the
snow.
A .Mci.k Wii.i.inii to uo. A bad lit
tlo boy iu Portland lit a pack of shooting-crackers
anil threw them into tho
street to seo them "go oil." One of
Ike Batman's mules nunc along and
swallowed t hem beloro they went "oft'.''
The mulo walked about fifteen feel nnd
stopped. Thioee" "nsn t acting right
iiiouo. , He began to tunto the' smoke
of fire-crackers. Ho luid hi left car
nroundiigiiitist his ribs, und hoard some
thing. It was them cracker hnvim
iu 0.
The mule nit ked nut about il
, ... ., - -
, , " ' -" -tt- aim
nrJo the other side of tho almshouse,
goieg son lli, while with p, -rsim-ation.
w-ilhilivnins of smoke shooting out of
his iiovrils, mouth nnd enrs, while bis
tail stiult straight up, nod n slivnin of
hhin nnd green smoke nlniiit ten feet
long tollov.0d in tho renr. Ike found
bis mule in ttv miirniiig slicking hall
way through a farm hotiso near Pad
dy's Run, still Xunoking. Tho man
had got bis fninilout nnd put 'em up
in a lot of trees. aU hauled his mulo
home, whan ho Rolteool enough, on u
dray. The man iHgoirr to movo his
house farther back oil'tho road, nnd
hi wilit and oldest duuihtcr will bo
baptized when the wntcrets wnrm.
Jjouin illt Courier-Journal.
Tho Empress, of China, who. com
mitted suicide recently on nccmut nf
her husband's dentil, find been har
ried only two yenrs, tbo imperial A
ding having taken plnco October 10,
1872, nnd nt tho time of Iter denth
wn nhout twenty your of ago. ,
Tii.Ton A New York correspondent
describe Theodore Tillnn ns "a man
who is a vitrified mnn of thanlca Ice,
and is toon to dissolve into cold ashes."
lilcrts us, what a singular being. '
Mrs. Mary C'lemmcr Ames writes
that after meeting nnmcrnn minister
returned from foreign conns, her con
elusion ia that the court of Berlin i
tho most difficult to recover from,
Tho worst kind of education-To lie
hronght up by a policeman. ,-;