9
S U P P L E M B 1ST T .
Vol. III.
CONSTITUTION.
( Continued from regular edition.)
Sec 26. Every order, resolution,
or vote, to which the concurrence of
both houses may be neccessary (ex
cept on the question of adjournment)
shall be presented to the Governor,
and before it shall take effect be ap
proved by him or being disapproved,
shall bo repassed by two-thirds of
both houses, according to the rules
and limitations prescribed in case of a
bill.
Sec 27. No State office shall be
continued or created for the inspect
ion or measuring of any merchan
dise, manufacture of commodity, but
any county or municipality may ap
point such officers when authorized
by law.
Sec 23. No law changing the lo
cation of the State shall be valid un
til the same shall have been submit
ted to the qualified electors of the
Commonwealth, at a general election,
snd ratified and approved 1)3' them.
Sec 2D. A member of the General
Assembly who sliall solicit, demand,
or receive, or consent to receive, di
rectly or indirectly, for himself or for
another, from any company, corpora
tion, or person, any money, office, ap
pointment, employment, testimonial,
reward, thing of value or enjoyment,
or of personal advantage or promise
thereof, for his vote or official influ
ence, or for withholding the same, or
with an understanding, expressed or
implied, that his vote or official ac
tion shall be in any way influenced
thereby, or who shall solicit or de
mand any such money or other ad
vantage, matter, or thing aforesaid
for auother, as the consideration of
his vote or official influence, or for
withholding the same, or shall give
or withhold bis vote or influence in
consideration oftho payment or prom
ise of such money, advantage, mat
ter, or thing to another, shall be held
guilty of bribery within the meaning
of this Constitution, and shall incur
the disabilities provided thereby for
said offense, and additional punish
ment as is or shall be provided by
law.
Sec 30. Anj' person who shall,
directly or indirectly, offer, give, or
. promise any money, or thing of value,
testimonial, privilege, or personal ad
vantage, to any executive or judicial
officer or member of the General As
sembly, to influence him iti the per
formance of any of his public or offi
cial duties, 6hall be guilty of bribery,
and be punished in such manner as
shall be provided by law.
Seo 31. The offence of corrupt
solicitation of members of the Gen
eral Assembly or of public officers of
the Stale, or of anj' muncipal division
thereof, and any occupation or prac
tice of solicitation of such members
or officers, to influenco their official
action, shall be denied by law, and
shall be punished by fine and impris
onment. Sec 32. Any person maybe com
pelled to testify in any lawful inves
tigation or judicial proceeding,
against any person who may be
charged with having committed the
offence of bribery or corrupt solicita
tion, or practices of solicitation, and
shall not be permitted to withhold
his testimony upon the ground that it
may criminate himself or subject him
to public infamv; but such testimony
shall not afterwards be used against
him inany judicial pioceeding, except
forprejury in giving such testimony,
anclany person convicted of either of
theoll'ences aforesaid, shall as part of
the punishment therefor, be disqual
ified from holding any office of posi
tion of honor, trust, or profit in this
Commonwealth.
Sec 33. A member who has a per
sonal or private interest in any meas
ure or bill proposed or pending be
fore the General Assembly shall dis
close the fact to the house of which
he is a member and shall not vote
thereon.
ARTICLE IV.
THE EXECUTIVE.
Section 1 The Executive Depart
nient of this Commonwealth shall con
sist of a Governor. Lieutenaut Governor
Secretary of the Commonwealth, Attor
ney General, Auditor General, Stat3
Treasurer, Secretary of Internal A (lairs
and a Superintendent of Publio Instruc
tion. Sec 2 The supremo executivo power
shall be vested in tbo Governor, who
shall take care that the laws be faithfully
executed; he shall be choose u on the
dty of the general election by the quali
fied electors of the Commonwealth, at
the places where they shall vote for
llepresentativos. The returns of every
election for Governor shall be sealed up
and transmitted to the seat of govern
moot directed to the President of the
Seuate, who shall open and publish
them in the presence of the members of
both houses ol the Oeneral Assembly.
The person having the highest number
of votes shall be Governor, but if two
ol mora be equal and highest in votes,
one of tbein shall be ohoosen Governor
by the joint vote of the members of
both houses. Contested elections shall
be determined by a committee, to be
selected from both houses of tha Gen
eral Assembly, and formed and regu
lated in such manner as shall be di
rected by law.
Seo 3. The Governor shall hold his
office during four years from the tbird
Tuesday of January nest ensuing his
election, and shall not be eligible to the
office for tbe next succeeding teim.
Seo i A Lieutenant Governor shall be
chosen at tbe tame time, in the same man
ner, for the same term, and subject to the
same provision as the Governor; he shall
be president of the Senate, but shall hare
no vote unless they be equally divided.
Seo 6. No per too shall be eligible to the
office of Govern or or Lieutenant Governor
xcept citizen of tie United Btates, who
shall have attained the aire of thirty vears.
snd have been seven years next preceding
hi selection an inhabitant of the State, un
less he shall have been absent on the public
uuBiness or tue united estates or or tins
Slate.
Seo 6. No member of Coniress or ter-
son holding any effice under the United
States or this State shall exercise the office
of Governor or Lieutenant Governor.
Seo 7. The Governor shall be commndcr
in-chief of the army and tiavy of this Com
monweallh, and of the militia, except when
they shall be called into the actual service
of the United States.
Sec 8. lie shall nominate, nnd by and
with the advice and consent of two-thirds
of all the members of the 8enate, appoint
a Secretary of the Commonwealth and an
Attorney General during pleasure, a Super
intenclnnt of Tublio Instruction for four
years, and bucIi other officers of the Com
monwealth as he is or mav be authorized
by the constitution or by law to appoint; he
shall have power to fill all vacancies that
may linppi-n in onic?s to which he may ap
point, during the recess ot the Senate by
granting commissions which shall expire at
the end of their next session; he Bhall hav
power to fill any vacancy that may hsppen
during the recess of the Senate, in the
office uf Auditor General, State Treasurer,
Secretary of Internal Affairs or Superin
temlantof Tuhlio Instruction, in a judicial
office, or in any other elective office which
he is or may he authorized to fill:
If the vacancy shall happen during tbo
session o.' the Senate, the Governor shall
nominate to the Senate, before their final
adjournment, a proper person to fill said
vaeaucy.
But in any such case cf vaeaucy, in an
elective office, a person slill bo chosen to
said office at the next, general election, un
less the vacancy shall happen within three
calendar months immediately preceding
such election, in which case the election for
paid office shall be held at the second suc
ceeding general election;
In acting on Executive nominations, the
Senate shall sit with open doors, and in
confirming or rejecting the nominations of
the Governor, the vote shall be taken by
yeas and nays, nnd shall be entered on the
journal.
Sec 9. He shall have power to remit fines
nnd forfeitures, to grant reprieves, commu
tations of sentenco and pardons, except in
c:ises of impeachment, but no pardon shall
be granted, nor stn'emo commuted, except
upon the recommendation in writing of the
l ieutenant Governor.Secretary of the Com
motiweuliu, Attorney General and Secre
tary of Internal Aftaird, or any three of
them , after full hearing, upou duo publio
notice and in opeu session, and such recom
mendation, with the reasons therefor at
length, shall be recorded and filed in the
oil ice of the Secretary of the Common
wealth. Sec 10. He may require information in
writing from the officers of the Executive
Department, upon any subject relating to
the duties of their respective offices.
Sec U. Ho shall, from timo to time, give
to the General Assembly information of tho
state of the Commonwealth, and recom
mend to their cohsideration such measures
as ho may judge expedient.
Sec 12. Ho may, on extraordinary oeca
sions, convene the General Assembly, and
in case of disagreement between the two
houses, with respect to the time of adjourn
ment, adjourn them to such timeas he shall
think proper, not exceeding four months,
lie shall have power to convene the Senate
in extraordinary session, by proclamation,
for tho transaction of executive business.
Sec 13. In case of the death, conviction
on impeachment, failure to qualify, resig
nation, or other disability of the Governor,
the powers, duties and emoluments of the
office for tho remainder of the term, or un
til the disability be removed, shall devolve
upon tho Lieutenant Governor.
Sec 14. In case of a vacancy in the off ice
of Lieutenant Governor, or when the Lieu
tenaut Governor shall he impeached by the
House of Hepresentatives, or shall be un
able to exercise the duties of his office, tho
powers, duties, and emoluments thereof for
the remainder of the term, or uutil the dis
ability be removed, shall devolve upon the
President mo temi'orb of the Senate, and
the Pre-ddcnt pro tempore of the Senate
shall in like manner become Governor if a
vacancy or disability shall occur in tho
office of Governor; his seat as Senator shall
become vacant whenever ho shall become
Governor, and shall be filled by election as
any other vacancy in the Senate.
Seo 15. Kvery bill which shall have
passed both houses thall be presented to
the Governor; if he approve, he shall sign
it; but if he shall not approve, ho shall re
turn it with his objections to the house in
which it shall have originated, which house
shall enter the objections at largo upon
their journal, and proceed to reconsider it.
If, after such recousideraf ion, two-thirds
of nil the members elected to that house
shall agree to pass the bill, it shall he sent
with the objections to the other house, by
which, likewiss, it shall be reconsidered,
and if approved by two-thirds of all the
members elected to that house, it shall bo
a law; but in such cases tho votes of both
houses shall be determined by yeas and
nays, and the names of the members voting
for and against the bill shall be entered on
the journals of each houso respectively.
If any bill shall not be returned by the
Governor within ten days after it shall
have been presented to him, tho same shall
be a law in like maimer as if ha had
signed it, unless the General Assembly, by
their adjournment, prevent its return, iu
which case it shall be a law. unless he
shall file the same, with his objections, iu
the office of the Secretary of the Common
wealth, and gife notice thoreof by publio
proclamation within thirty days after such
adjournment.
Seo 16. The Governor shall have power
to disapprove of any item or items of auy
bill making appropriations of money, em
bracing distinot items, and tho part or
parts of the bill approved shall be the law,
and tho item or items of appropriation dis
approved shall bo void, unless repassed ac
cording to tho rules and limitations pre
scribed for the passage of other bills over
the executive veto.
Sec 17. Tho Chief Justice of the Su
preme Court shall preside upon the trial of
any contested election of Governor or
Lieutenant Governor, and shall decide
questions regarding the admissibility of
evidence, aud shall, upon request of the
committee, prunouuee his opinion upon
other questions of law involved in the
trial. The Governor and Lieutenaut Gov
ernor shall exercise the duties of their re
spective offices uutil their successors shall
be duly qualified.
Sec 18. The Secretary of the Common
wealth shall keep a record of all offical acts
and proceedings of the Governor, and when
required lay the same, with all papers,
minutes aud vouchers relating thereto, be
fore either branch of the General Assem
bly. Seo 19. The Beoretary of Internal Af
fairs shall exeroise all the powtrg and per
forin all the duties of tho Surveyor Gen
eral, subjeot to suoh changes as shall be
made by law. His department shall em
brace a bureau of industrial statisics, and
he shall discharge such duties relating to
corporations, to the charitable institutions,
the agricultural, manufacturing, mining,
mineral, timber and other material or busi
ness interests of the State as may bepre
ecribed by law, ile thall annually, and at
ftidgway, Elk County, Pennsylvania, November 20, 1873.
such other times as may be required by law,
make report to tho General Assembly
Sec 20 The Superintendent of Tublio
Instruction shall exercise all the powers
and perform' all the duties of the Superin
tendent of Common Schools, subject to
such ohanges as shall be made by law.
Sec 21. Tbe term of the Seoretary of
Iuternal Affairs shall be four years, of the
Auditor General, three years, and of the
State Treasurer two years. Theso offioers
shall be chosen by the qualified electors of
the Slate at general clcotions. No person
elected to the office of Auditor General or
State Treasurer shall be capable of holding
the same offioe for two oonsccutive terms.
Sao 22. The present Great Seal of Penn
sylvania shall be the seal of the State.
All commissions shall be in the name and
by the authority of the Commonwealth of
Pennsylvania, nnd be sealed with the State
seal and ssgned by tho Governor.
ARTICLE V.
THE JUDICIARY.
Section 1. The judicial power of
this Commonwealth shall bo vested in
the Supremo Court, in courts of oomiuon
pleas, courts of oyer terminer and gen
eral jail delivery, courts of quarter ses
sions of the peace, orphans' courts,
magistrates' courts, aod in such other
courts as the General Assembly may
from time to time establish.
Sec. 2. The Supremo Court shall con
sist of seven judges, who shall be elected
by tho qualified electors at' tho State at
large They shall hold their offices for
the term of twenty-one years, if they so
long behave themselves well, but shall
not be again eligible. The judge whoso
commission Bhall first expire shall be
chief justice, and thereafter each judge
whose commission shall first expire shall
in turn bo chief justice.
Seo 3- The jHtisdiction of the Su
preme Court shall extend over the State
and the judges thereof shall, by virtu
of their offices, be justices of oyer and
terminer and general jail delivery in the
several counties: they shall have original
jurisdiction in cases of injunction, and
where a corporation is a party defend
ant, of habeas corpus, of mandamus to
courts of inferior jurisdiction; and of
Quo warranto as to all officers of tho
Commonwealth whose jurisdiction ex
tends over the State, but shall not ex-
ereisa any other original jurisdiction;
they shall have appellate jurisdiction by-
appeal, CART10RARI or writ ot error in
all cases, as is now or may hereafter be
provided by law.
br.a 4. Until otherwise directed by
aw, the courts of common pleas shall
continue as at present established, ex
cept as herein changed; not more than
lour counties shall, at any time, be in
cluded in one judicial district organized
lor said courts.
Sec 5 Whenever a county shall con
tain forty thousand inhabitants it shall
constitute a separate judluiul Uistrict,ntid
shall elect one judge learned in the law;
and tho General Assembly shall provide
for additional judges, as the business ol
the said district may rcuutfe. Couuties
containing a population less than is
sufficient to constitute separate districts
shall be formed into convenient siosle
district or, if necessary, may be at
tached to contiguous districts as the
General Assembly may provide. The
office of associate judge, uot learned in
tho law, is abolished in counties forming
separate districts; but tho several asso
ciate judges in uthce when this consti
tution shall be adopted shall serve for
their unexpired terms.
Sec G Iu the counties of Philadelphia
and Allegheny, all the jurisdiction and
powers now vested in the District Courts
aud Court ol Common Pleas, subject to
such changes as may be made by this
constitution or by law, shall be in Phil
adelphia vested in four, and in Alle
gheny in two distinct and separate courts
of equal aud co-ordinate jurisdiction,
composed of throe judges each; the said
courts of Philadelphia shall be desig
nated respectively as the Court of Com
mon Pleas number one, number two,
number three and uuiuber four, and iu
Allegheny as the Court ol Common Pleas
number one and number two, but the
number of said courts may be by law
increased, from time to time, and shall
be iu like manner designated by succes
sive numbers; the number of judges in
any of said courts, or in any county
where tho establishment of an additional
court may be authorized by law, may be
lucreased from tune to tune; and when
ever such increase shall amount in the
whole to three, such three judges shall
compose a distinct and separate court us
aforesaid, which shall be numbered as
aforesaid. In Philadelphia all suits shall
be instituted in the said Courts of Com
mon Pleas, without designating the num
ber of said jourt. and the several courts
shall distribute and apportion the busi
ness among them in suoh manner us
shall be provided by rules of court, and
each oourt to which any suit shall be
thus assigned shall have exclusive juris
diction thereof, subjeot to change ot
venue, as shall be provided by law. In
Allegheny each court shall have exclu
sive jurisdiction of all proceedings at law
and in equity commenced therein, sub
ject to change of venue as may be pro
vided by law.
Seo 7 lor Philadelphia there shall
be one Prothonotary's office, and one
Prothonotary for all said courts, to be
appointed by the judgos of said courts,
and to bold office for three years, sub
ject to removal by a majority of the said
judges; the said Prothonotary shall ap
point suoh assistants as may be necessary
and authorized by said courts, and he
and his assistants shall reoeive fixed sala
ries, to ba determined by law and paid
by said county; all fees collected in said
office, exoept such as may be by law duo
to the Commonwealth, shall be paid by
the Prothonotary into the county treas
ury. Each oourt shall have its separata
docket exoept the judgment docket,
which shall contain the judgments an
lieus of all the said courts, as is or m
be directed by law.
Seo 8 Tbe said courts in the oountip
of Philadelphia and Allegheny resper
tively shall, from time to time, in tut,
detail ene or more of their judges to holt
tbe courts of Oyer wi Teruoer o(
the oourts of Quarter ' Sessions ot the
Peaoe of said counties in suoh manner
os may be directed by law.
Seo 9 Judges of the Courts of Com
mon Pleas learned in the law shall be
judges of the courts of Oyer and Ter
miner, Quarter Sessions of the Peace,
and General Jail Delivery, and of the
Orphans' Court, and within their re
spective districts shall bo justioes of the
peace as to criminal matters,
Seo 10 The judges of the courts of
Common Pleas, within their respective
counties, shall have power to issue wiits
os cartiorari to justioes of the peace
and other inferior courts not of record,
and to cause their proceeding to be
brought before them nnd right and jus
tice to be done.
Seo 11 Except as otherwise provided
in this Constitution justioes of the pence
or aldermen shall be eleoted in tbe
several wards, districts, boroughs and
townships at the time of the election of
oonstables.by tbe qualified electors there
of, in such manner as shall be directed
by law, and shall be commissioned by
the Governor for a term of five years.
No township, ward, district or borough
shall elect more than two justices of the
peace or aldermen without the consent
of a majority of the qualified eleotors
withiu such township, ward or borough;
uo person shall be elected to such office
unless he shall have resided within the
township, borough, ward or district for
oup year next preceding his election. In
cities containing over fifty thousand in
habitants, not more than one alderman
shall bo elected in each ward or district.
Seo 12 In Philadelphia there shall
ba established, for each thirty thousand
inhabitants, one court not ot record, of
police and civil causes, with jurisdiction
not exceeding one hundred dollars; such
courts shall be held by magistrates whose
term of .office shall be five years, aod
they shallbe elected on general ticket
by the qualified voters at large, and in
the election of the said magistrates no
voter shall vote for more than two-thirds
of the number of persons to bo elected,
when more than one aro to be chosen;
they shall be compensated only by fixed
salaries, to bo paid by said county; nnd
shall exercise such jurisdiction, civil and
criminal, except as herein provided, as
is now exercised by aldermen, subject to
such changes, not involving an increiso
of civil jurisdiction or conferring politi
cal duties, as may bo made by law. In
Philadelphia the office of alderman is
abolished.
Seo 13 All fees, Sues and penalties
in said courts shall be paid into the
county treasury.
Sec 11 In all cases of summary con
viction in this Ootnmoowpalth, or of
judgmcut in suit for a penalty before a
magistrate, or court not of record, either
party may appeal to such court of record
as may be prescribed by law, upon allow
ance of the appellate court or judge
thereof, upon cause shown.
Seo 15 All judges required to be
learned in the law, except the judges of
the Supreme Court, shall be elected by
the qualified eleotors af the respective
districts over which they are to preside,
and shall hold their offleea for tho period
of ten years, if they sha'l 60 long behave
themselves well; but fo- aLy reasonable
cause, which shall net no sumcient
ground for impeachineit, tho Governor
may remove any of them on tho address
of two-thirds of each htuse of the Gen
eral Assembly.
Sec 16 Whenever tvo judges of the
Supreme Court are to be chosen for tho
same term of service, sach voter shall
vote for one only, and when three are to
be chosen, he stall vots for no more
than two; candidaieshightst in vote shall
be declared electcA.
Sec 17 Should any two or more
judges of the Supreme Court, or auy
two or more judges ot theilourt ol Com
mon Pleas for the sune district be eleoted
at the samo time, they shall, ns soon
after the election as convenient, oast lots
for the priority of tommissioc, and cer
tify the result to the Governor, who
shall issue their commissions in accord
ance therewith.
Sec 18 The judges of the Supreme
Court and tho judges of the several
Courts of Common Feas, and all other
judges required tobi learned in the law
shall at stated time, receive for their
services an adequate cpmpensatiou, which
shall te fixed by law, and paid by the
State. They shall receive no other
compensation, fees, or erquisites of office
for their services frou any source, nor
hold any other office of profit under the
United States, this State, or auy other
State.
Seo 19 The judges of the Supreme
Court, during theii continuance in offico
shall reside within this Commonwealth;
and the other judges, during their con
tinuance in office, snail reside within the
districts for which they shall be respeo-tiv-
ly eleoted.
Seo 20 The seieral Courts of . Com
mon Pleas, besides the powers herein
oonferred, shall have and exeroise within
their respective districts, subject to such
ohanges as may be made by law, such
chancery powers as are now vested by
law ia the several Courts of Common
Pleas of this Commonwealth, or as may
hereafter be conferred upon them by
lawl
Seo 21 No duties shall be imposed
by Jw upon tho Supreme Court or any
of the judges thereof, exoept such as
are judicial, nor shall any of tho judges
tlereof exercise any power of appoint
ment, exoept as herein provided. Tbo
Court of Nisi Prius is hereby abolished
aid no oourt of original jurisdiction to
be presided over by any one or mors of
the judges of the Supreme Court shall
be established.
. Seo 22 In every county wherein the
population shall exceed one hundred
and fifty thousand the General Assembly
shall, and in any other county may es
tablish a separate Orphans' Coort, to
consist of one or more judges who shall
be learned in the law, which oourt shall
exercises!! the jurisdiction. w powers
now vested in, or which may hereafter
bo conferred upon, the Orphans' Courts,
and thereupon the jurisdiction of the
judges of the Court of Common Pleas
within suoh county, in Orphans' Court
proceedings, shall cease and determine;
in any county in which a separate
Orphans' Court shall be established the
Register ot Wills shall be clerk of such
Court, and subject to its direction in all
matters pertaining to his office; he may
appoint assistant clerks, but only with
the consent and approval of said court
All accounts filed with him as register
or as clerk of the said separate Orphans'
Court shall be audited by the Court
without exponse to parties, except wbero
all parties in interest in a pending pro
cecdiaz shall nominate an auditor whom
the court may, in its discretion, appoint
In every county Orphans' Courts shall
possess all the powers and jurisdiction
of a Register's Court, and separate
Registers' Courts ore hereby abolished.
Seo 23 The style of all process shall
be "The Commonwealth of Pennsylva
nia." All prosecutions shall bo carried
on in the name and by the authority ot
the Commonwealth of l'eunsylvaniaand
conclude against the peace and dignity
of the same.
Seo 24 In all eases of felonious hom
icide, and in such other criminal cases
as may be provided for by law, the ac
cused, after conviction and sentence
may remove tho indictment, record and
all proceedings to the Supreme Court
for review..
r-ec 25 Any vacancy happeningby
death, resignation, or otherwise inauy
court of record, shall bo filled by ap
pointment by the Governor, to continue
till the first Monday ot January next
succeeding the first general election,
which shall occur three or more months
after the happening of such vacancy.
Sec 26. All laws relating to
courts shall be general and of uni
form operation, and iu organization,
jurisdiction and powers of all courts
of the same ckiss or grade, so far as
rcgul-ited by law, and the force and
etl'ect of the process niitl judgments
of such courts shall be uniform; and
tho General Assembly is hereby pro
hibited from creating other courts
to exercise the powers vested by
thi3 constitution in the judges of the
Courts of Common Picas j and Or
phans' Courts.
Sec 27. The parties, by agree
ment filed, may, in any civil case,
dispense with ttial by jury, and sub
mit the decision of such case to the
court having jurisdiction thereof,
and such court shall here and deter
mine the same; and the judgment
thereon shall be subject to writ of er
ror as in other cases.
ARTICLE VI.
IMPEACII.ME.Vr AND REMOVAL FROM
Section 1. The House of Repre
sentatives shall have the solo power
of impeaccmcnt.
Sec 2. All impeachments shall be
tried by the Senate; when sitting for
that purpose, the Senators shall bo
upon oath or affirmation; no person
shall be convicted without the con
currence of two-thirds of the mem
bers present.
6i:c rf. lhe Governor and all other
civil officers shall be liable to impeach
ment for any misdemeanor in office; but
judgment in such cases (-hall not extend
further than to removal from office and
disqualification to hold any office of trust
or profit under this Commonwealth ; the
person accused, whether convicted or ao
quitted, shall nevertheless bo liable to
indictment, trial, judgment and punish
ment according to law.
Sec 4. All officers shall hold their
offices on the condition that rlicy behave
themselves well wliile in office, and shall
be removed ou conviction of misbehav
ior in office or of any infamous crime.
Appointed officers other than judges
of the courts ot record and the Superin
tendent of Public Institution, may be re
moved at ihti pleasure of tho power by
which they shall have beru appointed.
All officers elected by tho people, except
Governor, Lieutenant Governor, mem
bers of the General Assembly, and
judges of tho courts of record, learned
in the law, shall be removed by the
Governor for reasonable cause, after due
notice and full hearing, ou the address
of two-thirds of the Seuate.
ARTICLE VII.
OATH OF OFFICE.
Section 1 Senators aud Represen
tatives and all judicial, State and county
offioers, shall, before entering on the du
ties of their respective offices, take and
subscribe the following oath or affirma
tion :
"I do solemnly swear (or affirm) that
T will support, obey and defend the
Uonstitution ot the United States and
the Constitution of this Commonwealth
and that I will disohargo the duties ot
my office with fidelity; that I have not
paid or contributed, or promised to pay
or contribute, either directly or indi
rectly, auy money or other valuable
thing, to procure my nomination or elec
tion (or appointment), exoept for nec
essary and proper expenses expressly
authorized by law ; that I have not
knowingly violated &ny""ele'ctiou law of
this Commonwealth, or procured it to
be done to others iu my behalf; that I
will not kuowingly receive, directly or
indirectly, auy money or other valuable
thing for the performance or uon-per-formance
of auy uot or duty pertaining
to my offioe, other than thn coinpensaton
allowed by law."
The foregoing oath shall be adminis
tered by some person authorized to ad
minister oaths, and in the case of State
officers aod Judges of the Supreme
Court," shall be filed in the offioe of the
Seore ary of the Commonwealth, and in
case of other judioial and county officers
in the offioe of the Prothonotary of the
county in which the same is takes; and
any person refusing to take said oath or
affirmation shall forfeit hii offioe, and any
person who shall bo oouricted of having
sWorn or affirmed falsely or of having
violated said oath or affirmation, shall
be guilty of prcjury, and be forever dis
qualified from holding any office of
trust or profit within this Common
wealth. The oath to the members of the Sen
ate and House of Representatives shall
be administered by one of the judges of
the Supreme Court or of a Court of
Common Pleas, learned in the law, in
he hall of the house to whioh the mem
bers shall bo eleoted.
ARTICLE VIII.
SUFFRAGE AND ELECTIONS.
Section 1. Every male oitizen
twenty-one years of age, possessing the
following qualifications, shall be entitled
to vole at all elections:
First. lie shall have been a citizen
of tho United States at least one month.
Second. He shall have resided in tho
State one year) or if, having previously
been a qualified elector or native born
citizen of the State, he Bhall have re
moved therefrom and returned, then six
months) immediately preoeding the
election.
i Third. Ho shall have resided in the
cleelion district where he shall offer to
vote at least two months immediately
preceding tho election.
Fourth, If twenty-two years of age or
upwards, he shall have paid within two
years a State or county tax, which shall
have becu assessed at least two months
and paid at least one month before the
election.
Sec 2 Tho general, election shall be
held annually on the Tuesday next fol
lowing tho first Monday of November,
but the General Assembly may by law
fix a diflereot day, two-thirds of all the
members of each house consenting
thereto.
Seo 3 A.U elections for city, ward,
borough, and township officers, for regu
lar terms of service, shall bo hold on
the third Tuesday of February.
Sec 4 All elections by tho citizens
shall be by ballot. Every ballot voted
shall be numbered in the older in which
it shall bo received, aud the number re
coided by the election officers on the
list of voters, opposite tho name of tbe
elector who present the ballot. Any
elector may write his name upon his
ticket, or cause the same to be written
thereon aud attested by a citizen of the
district. Tho election officers shall be'
sworn or affirmed not to disclose how any
elector shall have voted unless required
to do so as witnesses in a judicial pro
ceeding. Sec 5 Electors shall in all cases ex
cept treason, fulony.and breach or surety
of the peace, be 'privileged from arrest
during their attendance on elections cud
in goiug to and returning therefrom.
Sec 0 henever auy of the qualified
electors cf this Commonwealth .shall be
in actual military service, under a requi
sition livia the Pre.uoni nf the l.'oited
States or by the authurity of this Com
monwealth, such electors may "xercise
the right of suffrage in all elections by
the citizens, under such regulations as
are or shall be prescribed by law, as fully
as if they were present at their usual
places ot election.
Sec 7 All laws regulating the holding
of elections by the citizens or for the
registration of electors shall be uniform
throughout the State,but no elector shall
be deprived of tho privilege of voting
by reason of bis name not being regis,
tered.
Sec 8 Any person who shall give, or
promise or offer to give to any elector.
any money, reward or other valuable
consideration tor his vote at an election
or for withholling the same, or who
shall give or promise to give such con
sideration to any other person or
party for such elector's vote, or for the
withholding thereof,aud any elector who
shall receive or agree to receive, for him
self or for another, any mouey, reward
or other valuable consideration for his
vote at an election, or tor withholding
the sauin, shall thereby forfeit the right
to vote at suoh election, and any elector
whose right to vote shall bo challenged
for suuh cause befote the electioa officers
shall be required to swear or affirm that
the matter ot the challenge is untrue
before his vote shall be received.
Seo 9 Any person who shall, while a
candidate for office, be guilty of bribery
irand, or willful violatiou ot any election
aw, shall be forever disqualified from
holding an office of trust or profit in this
Commonwealth; and any person con
victed of willful violation of the election
laws, shall, in addition to any penalties
provided by law, be deprived of the
right of suffrage absolutely for a. term
of four years.
Sec 10 In trials of contested elections
and iu proceedings for tbe investigation
of electious, no person shall be permitted
to withhold his testimony upon the
ground that it may criminate himself or
subjeot him to public infamy; but such
testimony shall not afterwards be used
agaiust him in any judicial proceeding,
except for perjury in giving suoh testi
mony,
Seo 11 Townships and wards of cities
or boroughs shall form or be divided
into election districts of compaot and
coutigious territory, in suoh manner as
the Court' of Quarter Sessions of the
city or county iu which the same are lo
cated may direct; but distriotg in cities
of over one hundred thousand inhabi
tants shall be divided by the Courts of
Quaiter Sessions having jurisdiction
thereiu whenever at the next preceding
election more than two huadred aud
fifty votes shall have been polled therein;
and other election districts whenever
the eourt of the proper county shall be
of opinion that the convenience of the
eleetors and the publio interest will be
promoted thereby.
Seo 12 All fcleotions by persona in a
representative capacity ahall be VIVA
VOCE.
Seo 13 For the purpose of voting, bo
person snail be deemed te have earned a
residence, or lost it by reason ot his ab
sence while employed ia tos ecrvice,
Ho. 38.
either civil or military, of this State or
of the United States, nor while engaged
in the navigation of the waters of the
State or of the United States, or on the
high seas, nor while a student of any in
stitution of learning, nor while kept in
any poor houso or other asylum at pub
lio expense, nor while confined in publio
prison.
Seo 14 Distriot election boards shall
consist of a judge and two inspectors,
who shall be chosen annually by the
citizens. Each eleotor shall have the
right t vote for the judge and one in
spector, and each inspeotor shall appoint
one clerk. The first election board for
any new distriot shall be selected, and
vacancies in election boards filled as
provided by law. Election officers Bhall
be privileged from arrest upon days of
election and while engaged in making
up and transmitting returns, except
upon warrant of a court of record or
judge thereof for an election fraud, for
felony, or for wanton breach of the
peace. In cities they may claim ex
emption from jury duty during their
terms of service.
Seo 15 No person shall be qualified
to serve as an election officer who shall
hold, or shall within two months have
held any offioe, appointment, or employ
ment in or under the Government of
the United States, or of this State, or of
any oity or county, or of any munioipal
board, commission, or trust in any city, .
save only justices cf the peace and al
dermen, notaries publio, and persons in :
the militia service of the State; nor
shall any election officer be eligible to
any civil office to be filled at an election
at which ho shall serve, save only to
such subordinate municipal or local offi
cers below the grade of city or county
offioers as shall be designated by general
law.
Seo 16 The Courts of Common Pleas
of the several counties of the Common
wealth shall have power withinjtheir
respective jurisdictions to appoint over
seers of election to supervise the pro
ceedings of election officers, and to
make report to the court as may be re
quired; such appointments to be made
for any district in a city or connty, upon
petition of five citizens, lawful voters of
suoh election district, setting forth that
such appointment is a reasonable pre
caution to secure the purity and fairness
of elections; overseers shall be two in
number for an election district, shall be
residents therein, and shall be persons
qualified to servo upon election boards,
and in each case members of 'different
political parties, whenever the members
of an election board shall differ in opin
ion, the overseers, if they shall be
agreed thereon, shall decide the question
of difference; in appointing overseers of
election, all the law judges of the proper
court, able to act at the time, shall con
cur, in the appointments made.
Seo 17 The trial and determination
of contested elections of electors of
Pcesident and Vice President, mem
beis of the General Assembly, and of
all publio officers, whether State, judi
cial, municipal, or local, shall be by the
courts of law, or by one or more of the
law judges thereof; the General Assem
bly shall, by general law, designate the
courts and judges by whom the several
classes of election oontests shall be tried,
and regulate the manner of trial and all
matters incident thereto; but no such
law assigning jurisdiction, or regulating
its exercise, shall apply to any contest
arising out of an election held before
its passage.
ARTICLR IX.
TAXATION AND FINANCJt.
Section 1. AH taxes shall be uni
form upon the same class of subjects
within the territorial limits of the au
thority levying the tax, and shall be lev
ied aud collected under general laws;
but the General Assembly may, by gen
eral laws, exempt from taxation publio
property used for publio purposes, ac
tual placos of religious worship, places
of burial not used or held for private or
corporate profit, and institutions of
purely public charity.
Sec 2. All laws exempting property
from taxation, other than the property
above enumerated, shall be void.
Sec 3. The power to tax corpora
tion and corporate property shall not be
surrendered or suspended by any con
tract or grant to which the State shall
be a party.
Sec 4. No debt shall be oreated by
or on behalf of the State, except to sup
ply casual deficiencies of revenue, repel
invasion suppress insurrection, defend
the State in war, or to pay existing debt.
and the debt created to supply defic
iencies in revenues snail never exceed in
the aggregate at any one tiina on mill
ion of dollars:
Sec 5. All laws authorising the bor
rowing of money by and on behalf of the
State shall speeiff the purpose for which
the money is to be used, and the aioney
so borrowed shall be used for the purpose
speomea ana no otner.
bEC b. lhe eredit sf the Common
wealth shall not be pledged or loaned to
any individual, oompany, corporation, or
association, nor shalltbe Commonwealth
eoome a joint owner or stock-holder in
any company, assooiaUon, or corpora
tion.
Seo 7. The General Assembly shall
not authorise any county, city, borough,
township or incorporated discriot t be
come a stockholder in any oompany, a. -sooiation
or corporation, or to obtain or -appropriate
saooey fcr or to loan iu
credit to any corporation, association in
stitution or individual.
Seo 8. The debt of say county, oity,
borough, township, school distriot, or
other municipality, or incorporated dis
trict, except as kerein provided, shall
never exceed seven per cent am upon the
assessed value ot the taxable property
therein, or shall any such ounioipality .:
or distriot incur any new .debt, or in.
crease its indebtedness to an amount ex
ceeding two per oentuuj upon suoh u
sessed valuation of property without the
Bisent of too eleotors thereof, it a pub.