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Pennsylvatha Legislature.
HOUSE OF REPRESENTATIVES
EVENING SESSION.
WEDNESDAY, February 13
LATERAL RAILROADS
Agreeably to order
The House proceeded to consider the bills on
the public calendar, and went into Committee
of the Whole, (Mr: PamsToN in the Chair,) on
House bill, No. 130, entitled "a supplement to
the Act relating to lateral railroads.'
The first and only section of the bill was read
as follows :
Seems 1. Be it , enacted by the Scree and House
of Representatives of the Commonwealth of Pennsyl
vania, In General Aspmbly met, and it is hereby en
acted by , the 'authority of the same, That the
Act approved the tiventieth day of April, Anno
Domini one thousand eight hundred and fifty
eight, entitled "a further supplement to the
Act. entitled 'an Act regulating lateral railroads,'
passed May fifth, one thousand eight hundred
andlhirty-two," shall not be so conatrued, or
have thereffect to impair or.take away the right
of appeal existing prior to the passage of said
supplement, but the loud provided _for by the
said supplement shtdl be further:conditioned for
the payment of all damages which the owner
or owners of the land may sustain, in case of
the failure of the petitioner to obtain the final
approval and. onfirmation of his said road.
Mr. 'WILLIAMS. This bill was reported by
the Jifficiary Committee without any dissent,
I belie* in that body. It proposes to enact
a prevWon unquestionably right. It looks to
the restriction of the trial by jury in a case
where it has been taken away by a late decis
sion of the Supreme Court. It has produced
some disturbance ip the district from which I
come, amonst a particular interest—not amount
ing, perhaps, to a great deal. A pamphlet has
been thrown upon our tables, (designed, I sup
pose, to influence the members of this Legisla
ture,) in regard to the merits of this question,
referring also to myself as having been profes
sionally employed in some cases out of which
this difficulty has arisen. This state of facts
seems to make it necessary for me, if that duty
were not imposed by my relations to the Com
mittee and to the House, to make such expla
nations as the circumstances of the case may
require.
Ido not know whether the merits of this
bill are understood even in Pittsburg. There
are parties there who desire it passage ; there
are other parties who protest against it. Those
who desire its paisage are the land owners ;
those who object, are the men who have an in
terest in obtaining the right of way through
and over the property of= these land owners.
The bill will, I think, be discovered, upon ex
amination, to be an entirely harmless one. It
proposes to repeal an Act passed in the year
1868, and to restore the law to the'positionsin
which itstood before the passage of that enact
mint -That act will be found on pagel26B of g
Purdon's Thgest,;and reads in these words :
"Hereafter in all cases where a petition his
been presented for the appointment of viewers
under the provisions of the said Act and its sup•
plements, it shall be the duty of the viewers so
appointed to report in writing whether the road
asked for is necessary for public or private use,
as well as the damages which will be sustained
bythe owner or owners of intervening lamb ;
and when in the opinion of 'the Court the road
is necessary for public or privatexse, it shall be
lawful for the petitioner or petitioners, upon
giSing bond, with one or more sureties:lo be
filed with the petition, and to be approved by
the Court to which such petition shall have
been presented, conditioned for the payment
of such damages as shall be assessed under the
provisions of the Acts to which this is a supple
ment, to proceed in the opening, constructing,
completing and using the said railroad with one
or more tracks, as prayed for in said petition."
Now,
Mr. Speaker, by the provisions of the
Lateral Railroad Act of 1832, to which this is
a supplement, the first proceeding -was a view
by six men appointed on application by the
court, the route itself being indicated as well
as the objects. It was the duty of these view
ers to report whether they regarded the road as
necessary for public or private use, if they
found affirmatively upon thierroint, it was their
'duty to assess the damages which were likely
to be sustained by the owner of - the land over
which the road was to pass. Upon objections
made to their report by other parties, who
might consider themselves aggrieved, the right
to an appeal to the courts—the trial by jury as
a matter of course—was allowed to the corn
plainant. In the meanwhile, however, there,
was no authasity to enter upon the land, But
to prevent any undue delay, the Act of 1882
contained a provision that the case should be
placed at the headof the trial list, at the next
meat . term of the Court of - the 'particular
county. This was with a view to the speedy
settlement of the question.
This condition of the law, however, was not sat
isfackory to the parties. As it stood upon the ap
peal, of course when it came into court, everything
which had been tried before was 4.c0 be tried
over—the question es to the necessity of the
road, (the great question in cases of this sort,)
and the question as to the amount of damages'
to be sustained by.the land owner, in case the
road should be adjudged necessary. Parties
applying for roads of this sort, not content with
awaiting the final action of the court, 'dame to
this Legislature in 1868, and procured the pas
sage of an Act of Assembly, which is now pro
posed to be, to some extent, repealed r or,lit all
events, Modified—ran Act authorizing them in
the meanwhile, - before the decision ofthe causes
in court, upon giving bond with'sufficient secu
rity for any damages that 'might be sustained
by the land owner, to enter upon the
was not intended, by this Act of .Assebly,
that the right of appeal should.be taken away.
No lawyer dreamed that this was to be the
effect. The Courts 'of Allegheny county, in
several cases which have been -before :them,.
have never entertained the idea that such-woulid
be the construction of the law. But it has re
cently been decided by the Supreme Court of
this State, in an opinion which I have now in
my desk, published in the Pittsburgh Law
Journal within the last few days, that the effect
of this Act of;Assembly, authorizing the "entrjr
upon land upon appeal, is to take away, by im
plication, the right of trial by jury, and thatin
the case of the high prerogative - of seizing the
property of an inditidual,lor. privitelizes. .
Now, sir, there is no Court in this Union ex-;
cept the Supreme:RA:4ft oTPeimsylfiranialitilob.
has ever held the doctrine that prividepropeity
could be seized for private uses—a doctrine
which I affirm to be and which has been affirm- 7 ,
cd.by the highest authority in this Unionlelie
at war with the very idea of republican govern
ment. But the Supreme Court of Pennsylvania
have met thii question, and so decided in very
terms, that private property—your property or
mine—may be taken from us and transferred to
a third person. I say there is no Court in the
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VOL XIV.
Union which has ever made such -a 'decision ,
other than that of the Supreme Court of Penn
sylvania. I say that the doctrine is at war with
the idea of the existence of property, a term
which, as etymology indicates, is, intended to
refer to that which is a man's own, to be used
by him as he pleases. -
I ,Waiving the question, however, as to the
right to take private- property for private use,
which I do not propose to raise now, and which
is not in any way involved in this bill, the Su
preme Court decided that the effect of the Act ,
of 1858 is to take wimp the right of trial by juil
by implication; or in other Arords,thatberause it
allows a petitioner to enter and assert his right,
pending the appeal, the Legislature must have
Intended that he should acquire • a property in
the road, which could not be divested; and
that the province of the jury must censequently
be: confined to the mere question-of ascertaining
the damages which the land-owner may have •
sustained. • •
NoW,. sir; in matters of this . sort, there are
two questions. The first is.' as I have remark
ed; as to the necessity of the road. Now, the
right to take private property for public pur
poses: depends upon the necessity of the case.
This is the right of eminent domain, as it is
called among the publicists. It is an-inherent
attribute of - sovereignty as is thwtaxingßower.
It lettimot beetercised undeiltheCorustitution of
this State, however, withont making compen
sation to the owner. If it may be exercised to
take private property for _private uses, then ik
that property can as well betaken. wit ht
compensation as with it ; for there is nothing
in the Constitution to forbid 'it. But this is '
the point—it is the'necessity of the case:upon
whichothe right of eminent domain rests. It is
the same necessity which authorizes the Gov
ernment to seise theproperty of a citizen on
the occasion of great public exigency for par-,
poses of National defence.
It is analogous to the right which has been
exercised over and over again of tearing down
a building contiguous to another which is in
flames in a populous .city,-for. the purpose of
saving other property in its neighborhood. It
depends upon the necessity of the case.lt is a
high prerogative power. It, is only, to be exer
cised in extraordinary cases where the public
necessity absolutely requires it. Here, how
ever, it, is exercised for
• private purposes ; pri
vate property is taken for private use ; And yet
the Supreme Court of Pennsylvania held that the ,
right of trial by jury recognized in your Consti
tution, which is but a transcript_ of
,Magna
Marta, in to be taken away in a case of this sort
by mere implication. There is nothing,
Mr. Chairman, in the Act of Assembly that
does take away. ; There :is no, language of the
sort. There is, merely the authority to :enter ;
pending the appeal; ; and • as Sninfetence from
that power, this Court has ruled that Magna,
Maria is to be traMpled into the.drist." -
Now, sir, I have no particular 'feeling in re
gard to this case It i§ suggested in the pomp's.:
let which has been laid uponyour tables that
I am a profesitiolar Man and havebeen concerned
ligia=g of lhkiletidtiPtiori, Th . g . very
`very few lintifstionerutlfulpso y.
in - which, have not Deep'T.Pliberneil , in the
Ceurfs ' Of - tiffs' Stateind 'pretty 'largely con:
anted.' / I:4•loibt.' 10' peSition 'here' `
now;
with my plchighinllie•finroW at hoine,: Ought
to satisfy every mini that professional dorefider
ations are not to be allowed to Inflneriee me
'vlaen I am called upon'to perform &bile duty.
I would say, moreover, in answer to this ,pa;
per which has been , laid upon your tables; . that
there is a very worthy gentleman in the Berate
who has been concerned in the same cause . In
which I am supposed to have been eMployed,
on the other side of the question ' andtliat gen
tleman is perfectly competent to defend the
in.tere'sts'of all parties. No man will doubt his
interest in the subject, or his capacity' to treat
itiProperly. No body, I think, will suffer in
that branch of the Capitol. If one , side has a
B 4 epresentative here; and its position is to wrong
one, the other side is still represented there: I
think, however, that he and' I will mot' diffir
upon this Oestion. There was no difference m
the Judiciary Cominittee: The members .of
that Committee allagreed, if understood them
properly,' (and if I dd not they will correct me,)
that it was bUt right that the trial by . jury
which itc'the palladium of the liberty of the cit-'
izen--if Ms been taken away - by inference it
sliouid be restored, and that that „right ought
to exist in - every case where' the 'question is 'in
regard to the seizure of the property of a citi
zen. It 'is for this that this very objectionable
bill provides. I will turn for a moment to its
.
Mina:
" That the. Act approved twentieth 'April,"
etc., " shall not.be so Construed as to' have the
effect to impair or take aWay;the right of ap
peal existing prior ` to the 'passage of the said
Supplement.' , '
I This bill is to restore the right of trial by
jury. - Primula des, it'll° a case which'commends
itself to the judgment and to the heart of every
man who participates in 'the' common inherit
ance of Saton liberty. I 'think there is nobody
here whcrwill object to the. applicittion qf the
jnry trial in any ; and that is all that is
`proposed to - be restored here. In a cagewhere
it has been taken awayhy the construction of a
- Court, which I beg leave to say in thliptiticu
lar has not shown that regaid for PriVate rights
which is to 14 expected from a tribunal of that
eminence. - '
There ie a fbrther Imxtrision
"That the bond provided for by the said sup
pleinent, @Mil he conditioned for the payment
of all daniages which' fieVwiier owners of
land may sustain in ciaiieof..the failure of the
Petitioner to obtainthe final approval apd con
firmation of his said Raid."
The assumption of 'the CoUrt is that the Act
of 1858 gives to the; petitioner the title, and
leaves to the jury nothing hut the question of
damages. An ob cction wan taken in our writs
, that there was no proYision'for the contingency
of a determination or decision by the jury that
the road was not necessary—which is the great
question in cases of this sort. It was objected,,
therefore, thafthe Act itself "authorizing the,
entry and advance,.lMA in conflict with the
constitutional proision, which declares that
the Legislature shall not authorize any corpo
ration or individual to take property without
payment of security before the property is taken.
It was objected that the effect of this law was
such that in a ziren contingency there was no
provision within the meaning of the Constitu
tion for the security of the citizen.; and, that
Was the opinion I believe of the Courts of Alle
gherry county. They did not believe—they did
not dream—they did not entertain the idea—
if I tindendobd- them—that effect of this'
Act of Assembly was • not to be what the Su
renie.:Court has given to it. The bill now be
fore you:provides that the bond shall be :condi
tioned * for the) .pa.ymeht `of all damages-which
the owner or owners of theland:may sustain; in
(kw of the failure , Of i•lherpetitioner tbliobtain"
the final, approval and confirmation of • his-said
The question of the necessity is, the great
question. We desire that this shall be restored
"INDEPENDENT IN , ALL , THINGS-NEUTRAL IN NONE "
HARRISBURG, PA., SATURDAY AFTERNOON, FEBRUARY 16, 1861.
tot the , provinee of the jury where it properly
belongs. We desire that there shall he & pro-
Viaionb made in case the jury shall decide upon
the..appealdhat the road. is unnecessary, .for all
&images *hich may have been sustained by the
landowners`at the hands of the , petitioners. Is
this wrong ?. Can anybody. say that it is?
I..hope,.:Mr.:Speaker ; that I have made my
self, intelligible. The men:Mere of this House
are of .course not all lawyers, and an act of this
sot, :without the ,explanation which I have
:girert, would be unintelligible to many of them.
If .I , :arn wrong in any of my statements, pro
feisional gentlemen here will correct me. I
shall be glad , to be set right. I have no desire
to: mislead anybody. I ,come here-as it.rePrek:
sentative of the people, claiming on the part of
th'e land', owner ,the right of a trial by jury.
That is all. , ..!
Mr.: HUHN. Will the gentleman allow , me
-toask hints question ? . .1
Mr. WILLIAMS. i Certainly.
Mr. HUHN. I desire to-arrive at the merits.
of the bill, and with that viessii ask this qnes
tion. The people;of tlia county'. of Schitylkill
have a &pat-many% literal railroads. I desht
to know •whether byi this bill the gentleman
proposes that before we can construct'a lateral
railroad it will benecessary, (if the land owner
Appeals from the decision of the viewers appoint
ed), to await the,:detision of the Court before
the ground osn-beoceupied.
"". Mr: WILLIAMS. L'Artainly4that iri precise
ly,what the law was before: and inorder to ex
pedite the matter .
,my worthy_ friend will find
it provided in the Ac t -of 1882 tliat'the case
shall beputat the head of the trial list of the
next ensuing Court.: ' - -
Mr. , HUHN. ' Then, Mr. Speaker; I must op
pose this bill, because I belieVe that no lateral
railroad can be constructed in our county if, be
fore the road can bernade, it mub - tnwaitall•the
clictuniocution of litigations -upon appeals' ,
eYeryi pettresse- from- the decision" of the yiew
era appointed for thepurpoSebf *sewing dame
ges.- iln the county of- Sohr4lkill;• shell :a con
struction of thelaw would certainly operate.
very disadvantageously to the improvement' of
our. county. I feel, air, that Jirp'siorne darks
wheredend is occupied for theqiurrkise of im
proVement by lateral railroadsi- the decision of
the -viewers, if appealed froin and taken. to the
,Courts,;4ould not be adjUdicated , for 3436i5i
Therefore the construction of those roads'. Viroiild:
be delayed .for years
_in. our: county.;: That
,would be the effect of this law, taking the con
strUctiori placed upon itloy the gentlemari from
Allegheny, which he adtrdts to be the pro Pei
view of, the. question.
Mr: BURNS. There is something Inthis bill
which Ido not understand ; and think there
will lie no objection to the amendment which I
offer. ' It is as follows : - , •
Provided that, nothing in this ..4t shill be
so construed as to affect any case now. pending
in any Ccinit in this Cornmonwealth."
.
Mr. VTLLIAMS. Ido not know' whit Will
be the effect of this amendment. I really do
' not know what oaks are pending in any CourM
of this Commonwealth. I cxCuld • scarcely put
.my swgar ,iron .n”e. f ,Bui. vim
- Wile right as torthe AargeOtlii.
as to the, men who are, now artyolnd sin legal
proceedings. _The:Construction put .uixarthe Act'
of Assembly is one which Andertake, to: shy . -
no ten, no five able lawyers ip. this State,rwould
ever have put upon „it. It was supposed by
Our own Courts, when. lett home,: that .. - the
trial by jury existed inane)/ cases.., It is in COIL-
Sequence of this very extraordinary decision of
the Supreme Court to which I.have referred,
that all this difficulty -.has Earisen: Thernow
find their rights imperilled and they want' , the.
law restored to wharwe believe to _have been
the intention of the Legislature. Trial by jury
did. exist under the Act of 1882 ; it 'did exist
down to the enactment of the ACt of 1858
-*Well it is now proposed to.modify.
There is nothing in.:the Act of .1858 to take
away this ; right of trial by jury.. Thisis amere
implication on the part of the Supreme Court.
against:a private right- z -against, I may; say; an
important public right an implication against
jtiry trial. That is wiaatwideaire to have cor
rected—not for:the benefit-o€, A., on B. or any
body in particidar ; but why should we exclude
from this, privilege those who - happen to. law in
yOlved in litigation now. I think the members
of the, legiEdature who look at thLS Act'will see
at once4hat it, never intended.to take away the
There is not a woritof Abe ,sortia
That. right is taken away by aonstruction of law
by an arbitrary decision of a Pourt whichhas
never,pald.muclx regard to plivate rights or pri
vate-proPertYi - know .110 aVaiK9l.l,why, there
shOrdd, beanexceptionin regar.d:to, any, portion
of that gentlenam'a constituents or the constit
amnia of any other member of : this "Legislature.
Themnendment was agreed to.
The seetionaa exam; ed was ag: reed to.
The Committee, then rose, .and.-the'auliririali
reported the game to the ,HOuse with amend
, • • ;
section was read a second,time
mr,,IVTr,TJAM 4 4. I :move ,tp.atrike - out the
,proviso inserted as au amendment in' Oonunit
tee ()Me:Whole. , • "
motion, i
The yeas and .nays were, required: by Mr.
VoTELIA.IIB and Mr. SIKL,TZER,,and were as
follows, Nis :
.
Yas43—Messro• Abbott, Acker, Anderson,
Ashcom, Barnsley, ;Bisql, Bisleri, Blair, 'Bliss,
Butler, (Crawford,) Byrne, Clarki. Collins, Craig,
,Disanant, Donley, Muncaa, Frasier, .Goehring,
Rapper, Harvey, Hay.qs, Rood, M'Clonigal,
'Pe/rce, , arden, :Reap, Robinson, iSeltzer, . She
feri Taylor, Tracy, Walker, Willimns.anclDavis,
NAYS-Messrs. Austin, Bartholomew, Boyer,
Brodhead, Burns, Butler, (Carbon,) Caldwell,
_Cowan, Douglass, Duffield,- Dunlap; Ellenber
ger, GaSkill, Gibboney, Graham; Heck, Hill,
;Willman,,Efuhn, Kline, • Koch, Lawrence, Lei
,seßring, , Liclitenwallher, Lowther, McDon
.ough, Manifold, Moore, Morrison, : Mullin,
Myers ' Ober, Osterhout,' Patterson, :.Preston,
Bugles, . Reiff; , Rhoadis, Roller,Schrock, Shep
:Pardi. Smith,' ( Barka ,); Smith (Philadelphia,)
'Stehman Stoneback, 'Teller, Thomag, Wildey,
and; . , . •
• Sothe question was &terminal in the nega
tive.
. .
Mr., DOTIGLAIiiSi on leave gitren '
presented
three Tenuinstrassees • from citisene of Allegheny
county:against the repealorinedification of the ,
lateral - •
Lard'on the table. _
Mr. HOria. Moved to piwitporfe the further
consideration of the bill for. the present.
Mr. WILSON. I .would remark that the:
gentleman fromAllegheriy,..(Mr. lts.ast=
Who it expected , to °piste this , blll, requested.
o -melhat, if the bill should Omni up, 'lwOuld
have4tlaid over for. .the present.. He.as ZLOW
Maavoldably.absent. fronithe House, but will be
tent in a feivtdays. In accordanbe with .14ii re
efuest:l -Move Ilust the, ixstponed for
the present . : • 1:
Mr. MUM :I anoveto:tunend , the Motion
1. 6 6
Mr. I .‘LIAMS. No doubt my worthY
•
friend from Schuylkill, (Mr. Hurnr,) in offering
a motion of this Sort has some good reason. I
should like to hbar what that reason' is. Is it
because he thinks trial by jury ought to be
abridged ?
Mr. MUHN. I would•inform the gentleman
from Allegheny that my reason is very simple.
I believe that under such a state of the law as
this bill proposes to introduce, no, lateral rail
roads can be constructed.
On Mr.-HUFIN'S motion to postpone indefi
nitely, -
The yeas and nays were required by Mr.
ELTIEEN and Mr. DOUGLASS, and were as fol
lows, viz:
YEAs--Messrs. Burns, Byrne, Caldwell, Cope,
Douglass, Duffield, Dunlap, Ellenberger, Gas
:kill, Hillman, Huhn, Kline, Koch, Lawrence,
Leisenring, Lichtenwalhaer, M'Donough, Mani
fold, Osterhout, Randall, Schrock-20.
Nays—Messrs. Abbott, Acker, Alexander,
Anderson, Ashcom, Barnsley, Bartholomew,
Bixler, Blair, Bliss, Boyer, Bressler,Srod
headAutler, (Carbon,) Butler, (Crawford,) Clark,
Collins,. Cowan, Craig, Disniant, Donley, Fra
'ger, Gibboney, Goehring, Grahain, Happer,
Hervey; Hill, Hood, Hofius, Irvin LoWther,
lit'Gonigal, Moore, Morrison, Mullin, Myers,
Patterson,,Peirce, Preston, Pughe, Belly,
Ridgway, Robinson,i Roller, Seltzer, Shafer,
Sheppard, Smith, (Brks,) Shaith,(Philadelpitia,)
,Stehman, Stoneback, Strang, Taylor, Teller,
Thomas, Tracy, Walker, Wildey, Williams,
Davis, Speaker-62. -
So the question was determined in the ne
gative.
The question recurring on the motion of Mr.
HOFMS to postpone for the present,
Mr ;. - WILLIAMS. I rise merely' to say to the
House +hit lam not dispose& to press unduly
upon"tlie Hoise any question of general ina
portal:ice', such as this undoubtedlyle, or to pre-'
cipitate a decision upon it support no meas
ure here that Ido not believe to be right. Ido
not seek to take advantage of the absence of
any member. I prefer that every bill which I
advocate should receive a vote of a full House ;
and if it be wrong, it should be voted down. I
declined pressing this bill on last Friday even
ing, on account of the alience of several of my
colleagues. lithe people_of Allegheny are dis
tposed to object to this bill, and if they have
'any champion here whioni they'desire to'appear'
for them, let them send Um -and I shall be
&di° meet him. '
kor these reaebris lam perfectly willing that
the question should go 9yer, - if `the gentleman
from Mercei will name a giVeri day, so - that it
Shall come up again in order. I understand
that if it be postlaiined, generally, according to
the motion, it will requirea vote of two-thirds
to call it up. -I would name, therefore, by way
'of ainendment4B the gentleman's motion, un
less he will accept it as a modification, next
Wednesday.
Mr. HOFIUS. - I accept that as a modifica
tion.
The motion of HatillTS, as ruodified,wM
o.ga agreed to. -
LAW MELATTVE TOE BOROITOIL§
The `HOD Weal, - hi to COMMitten of the
"
bill o. 131, entitleda supp eramt-io-ari
reiulating borafighs," passed tlfe 3d of April,
18,51.
The first and only section of the-bill was read,
as folloms :
• SEQ. 1. Be:it enacted, That so much of the
thirtieth section of the Act pf-the General As
sembly, passed the third day of April, one thou-
Sand eight hundred and fifty-one, entitled "an
Act regulating boroughs," as anthorims and re
quires the Burgess and Town Council of any
borough to admit any section of land adjacent
to said' borough, into such borough, other than
so much as is owned by the petitioners apply
ing for such admission, be and the same is here
by repealed.
The section was disagreed to
Whereupon, -
The COmmittee rose, and the -Chairman re
ported the bill to the House with a negative re
commendation.
The House adopted the report of the Com
mittee.
REVISION OP THE
PENAL CODE
The House went into Committee of the Whole
(Mr. AUSTIN in. the Chair) on House No.
ms, entitled a "supplement to an Act to revise
the penal code."
The first - and only .section of the bill was
read as follows :
Samos L Be it enacted, .3c0., - That the thirtyz
seventh section of the Act entitled "an Act to
consolidate, revise and amend the laws of this
Commonwealth, relating to penal proceedings
rdni..pleadines," passed - the thirty-first day of
March, Anno Domini, .one thousand -eight hun
dred and .sixty, shall be construed to give to the '
Commonwealth the .right to. make -fourperemp:-
amp. challenges in every crinanal case whatso
ever; including as - well treason and murder and
capital cases, ,as all other crimes and inisde
meat:Ors, and .in capital. Cases and in all , cases
.Where the jurors are. challenged . as• they are
called, the Commonwealth may, until her chal
lenges are exhausted, challenge peremptorily any
Person called - iae a juror, and this right of the
Commonwealth , must be • exercised before the
juror is sworn, but it may be, after it is
ascertained that said juror cannot be or is not
challenged by
• The section was agreed to. ,
Whereupah,
The Comniittee rose, and the Chairman re
ported the bill to the House as committed.
• The bill was'again read, and passed to third
reading,
When,
Tr.'VILLU moved to postpone its fur
ther consideration until next Friday-week,
The motion was agreed to
THE SUPPRESSION OF FORTUNE TELLING, &O
.
The House went into Committee of the Whole
(Mr. Dorman in the C'hair) on House Bill No.
134, entitled " an Act for - the suppression of
fortune telling and other, purfcees."
The first sectioriWas•read as follows ;
SECTION 1. Be enacted,_ 40., That any _per
son who shall pretend for gain or lucre to pre
dict.future events by cards 4 tokens, the inspec
tion of the head or hands of any person, or by
any one's age, or by consulting the movements
of the heavenly bodies, or who shall gain or
lucre pretend to effect any purpose by Spells,
charms, necromancy or incantation, shall be
guilty of a misdemeanor, punishable by any
Court of quarter sessions in this Commonwealth
with fine - and- imprismament, the first, offence
shall be • 'punished with not more than two
years imprisonment nor less than fifteen days,
and a fine of not more than one hundred nor
less than ten dollars, the second offence with
any term of imprisonment, 'and•.fine (=weeding
the abOvet that the Court. may: deem proper.
The sectionavawagreedsto-
The' second section was reed, as follows -
.1314. 2. That whosoever .shall, pretend, for
lucre or gain, to tell fortunes, or foretell
future events, by other means than those afore-
,
said, shall be guilty of a misde*eanor,..b? be
prosecuted as offences : againsf. public - law are
now Prof:Routed - in this, ,_ Conunonwealik - and
be punished as is provided in section - Alit of
The section was agreed ,to.
The third section was read, as follolys :
Sac. 3 That if any pfur i jen.
,persorti Shall
publish, by 'card,, circtdar,
,sign,, newspaper; or
any othef means whatsoever, that he or she
shall or will predict future events, the said Pub
lication may be given in evidence to Ea:Web:eau
indictment under the first and second sections,
of this Act.
The section was . agreed to.
Tha fourth section - was lead, as follow :
. -
SEC. 4. That 'any; persOti-...whose fortune may
have been told as aforesaid shall be a compe
tent witness against all pendia charged with
any violation of the provisions of this Act.
The section was agreed to.
The fifth section was reed as folloivs
SEC. 5. That any person or 'persons who
shall advise the taking or administering of
what are commonly called love poWders
or potions, or who shall prepare the--same to
be taken or administered, shall be guilty of a
misdemeanor, and shall be punished as is pro
vided in section one of this Act.
The section was agreed to.
The sixth section was read as followS
SEC. 6. That any person or persons who
shall pretend for lucre or- gain, to enable any•
one to get or to recover stolen property,or to tell
where lost persons,' articles, or animals are, or
to' stop bad luck, or to give - good luck, or to
put bad luck on any person or animals, or to
stop or injure the business of any person, or to
injure the health of any person,or to shorten the
life of any person, or to, give 'success in any Ipusi
ness, enterprise, srecubition,lotteryjottelynuni
hers, or games of chance, orto win the affections of
any person whatever, for
_marriage Or seduction,
or to make one person marry another,- or'to , in,
duce any person to alter or make a will, in
favor or against any one ; or =to tell the - place-,
where treasure, property, money ; or valuables ,
are hid, or to tell the , place Where to dig, or
search for gold ores, metals; hidden treasure
or any other article, or to make one perSon.: - diti 7 '
pose ;of property, business, or any valuable
thing in favor of another, shall be guilty= of
a misdemeanor punishable under the provisions
of this Act, in any Court. of Quarter Sessidns,
and the party or parties who may have con
sulted such persons as have pretended dciany ;
of the acts - aforeselk waxbc.6.*fiut
nesses in all proceedings for a breach or
breaches of this Act.
The section was agreed to,; and
The bill having beengone_through with ,
The Committee rcee, and the - Chairmgin re
ported the bill to the House' without amend
ment.
The first section of the bill was again read. • •
Mr. PIERCE. This Seerns to rue to be it re
markable bill. There seems to be no one in the
llolise Who knows anything about it. Whoever
may have the bill in charge, I would ask • him
td give 11)3 some information.; or if the Chair-
Man of the Committee is disposed to do so .we
iiEtsfildlpe glall. receive each - information from
we shall ruum_l4-ylemia
He subject we sfi.
upon it
Mr. TELLER. I will explain the object of
this bill. It is to prevent, as far as possible,
practices which I consider demoralising. ' I
think the billis one which calls for, serious at !
tention and serious action: Although I sin a
fernier, living in a'rural district,.yet'l have Lau(
some opportunities of. seeing the coniequenai
growing out of those practices which this bill is
intended to suppress. In regard to the admin
istration of "love-powdere," for which the 13111
provides, I would say I have known some asses
which were very laughable ; but I have also
known cases which were not very laughable—
ulich were most serious in their consequences.
By such pnectices,unsoplaisticated personS, Young
men and young girls, have often been the vie=
tins of a great deal of mischief.
Mr. BUTLER, (Crawford.)
„I would ask the
gentleman whether he has ever had any expe
rience in this direction, himself. ' •
' Mr. TELLER. 1 think I have.
Mr. BuTLEß,(Cra*ford.) Then if the gentle
man wishes this subject to be treated in all Be
riousness, I think it would be well, that he•
should relate that experience, in order that the
House may treat` he Subject seriously.
Mr. TELLER. Mr. Speaker:, I. have known
cases that it would hardly be proper to be_ re
lated in this; House.,, But are not the evils of
thege practices evident to all t Do - we not" see
their bad effects thrinigh the country?' I
have knoim cases-within my own • experienCe,
where persons have been deeply injured by the
practice of these delusions.. I have known men
to spend a great ilealof time andconsiderable
money Under the instigation of these • fortune
tellers, in digging to find treasures saidto haye
been buried by Captain. Kidd„ years and, years
ago. I know one family that spent hundreds
of dollars in endeavoring to - recover thdde area=
sures. The fortune-teller will inforni such per
sons that the performanCaof certain rites and
ceremonies is necessary. Instruction in these
incantations and the provision of the necessary
instruments are the 'pretexte on Which money
if; 'drawn from the Victims. • , The deluded. men
go on, year' after year, constantly failing yet
consantly encouraged to makenew endeavors.
The 'mysterious spirit that must be pharnied
away some how always gets' back, 'just at the
critical moment, so that another resort must be,
made to the fortune teller for another still
more poiftful spell. - .
.
By the arts, of these fortune tellers, I have
known unsuspecting girls robe - nave
krtionst - cases:also where young men were-'de=
ludel. Having visited :the hduse of, a.certain.
young lady and been, erhaps cooly treated, the
young man resorts to the fortuneteller to, learn
the secret of his ' untoward fate. The' fortune
teller informs him that it is becarise - of accursed
lies that his suit is not favored ; thatby cOn
tinning his attentions, he:will be,. after a time,
successful ; and then he' ays the fortune teller
dollar after dollar, in order to securathanecro
=ricer's mystical influence in hisibehrdf. .The
- fortune teller informs the victim from , time,
time, • " now you . have, almost succeeded in
winning her heart," or perhaps heiutraVerheart
is already won, but a few-obstacles- remain be
fore the lover's fondhopEs can be consummated..
I knew, one: case in, which a doctor, an ae-•
quaintance of, mine—a very .clever and skillful
'man, but somewhat dissipated—whaapplied to'
by a certain man who stated' that he had taken
a fancy to a young lady brit had. not, :succeeded,
in winning her affections ; and as_ ka.under 7.
stood there was auch . athing as "loi;C:poWders"
he desired - the doctor to prepare some 'for
The (lector told him thathesoirketimeadidliave:
such poirders, but at thiamomentimhastrlen.e.
for the mgredierkts wereWe,aini fftAlYe More s
over, dealing such :articles iTaa . 4bjebt
'the severe 'penalty Of ilielaise; 'and' Shy trance-
tion - 'in the twitter anisit be cOsidUctedliith
great - aecrecy...• . 1 5944" .ftaid...tttecntan3.;iq
yeti can prepare me any, for heaven r s sake
tam tinting nu.
Raying procured Steam Power Presses, we are
Prepared to execute JOB and BOOK PRINTING of every
description, cheaper that it can be done at any other ea
tabushmentin the country.: _ • . . -
PATES OP ADVBRTIBING. -
WFour lines or lasi constitute one ludriquere y.i,
iir.ea or more than four constitute a square.
Hall Square, due day
one week .. . - •
one month.
4. three mont hs • • •
" six montbs • •
one year.... .
on. 'gave one day
ono week. ...... .... • .... • . 2 00
it one . S Q
44 three months ........ ........... 6 00
six months
•• one year 10 00
garßuidnesi notices Inserted to the Local cobaws,-o
before Marriages and Deaths, FIVE CENTS PER LINE
or each Insertion.
!l -Marriages and Deaths to be charged as regular
advertisement,.
NO. 36.
I -let me have them." "Well," replied the doc
itor, "you may have them after a time." "What
will be the charge," asked the man!" "Well,"
replied the doctor, "the ,component,parts are
very expensive and I must have fifty dollars."
The man saidhe would have ditfieinityfn raising
fifty dollars; but inquired whether the doctor
Would take as part payment a steer which was
very'fat, and would make excellent beef; "Oh,
yes , ? said the doctor, "I will take a steer for
part. pay.". After a certain time, the "lovo
pOwders" were procured, - and °lithe appointed
day the man was there with his steer , ;, ; and in
due time he paid,the balance in money. In
this ease he succeded . adds BUN and obtained
.thh girl; - and it may be said he : did well. But
'this is only one case. I knew, four or five
years ago, a case in which a very mapectable and
wealthy, man—not. at all: "green"—lost five
hindred dollars. He suspected miens parties
bUtcoUld not ferret out the mattter Olds:sat
*action. So he traveled one hundred and rif-.
ty miles for the purpose of consulting a fortune
teller; The fortune teller told him where- to
find ,the money ; and said that it was hid in .a
pork barrel. In accordance with the suggestion
of the fortune teller search was madein-a cer
tain neighbor's pork barrel; but the money was
not found.
It is not only the yoting, but sometimes per
sons of matrireage—twenty-five=thittylerty
years of age—who are victims of these delu
sions. These fortune tellers go round the coliti
trYandhavingsettled in a , particular, neigh
borhood, get up an excitement. They will get
some fellow to steal something and hide it away.
Then the suggestion is made that the fortune
teller should be consulted, and, wonderful to
relate, he tells exactly where the:stolen article
to be found. At once an, excitement is
Created ; and all the people of the neighbor
hood are rushing to this wonderful: soothsayer.
In my, opinion fortune-telling and.
practices are a crying curse in our community ;
and some such measure aathis bill is absolutely
necessary fortheir suppression. I know anoth- ,
er ;instance in which a man, who had bought a
tpret in a lottery, consulted a fortune-teller
rlitrho told him that he was to , draw; the highest
prize. This man was a butcher. He had a Wife
aid two children. He becazne so- . infatuated=
With the idea of . the expected wealth, that he
neglected hie businese and lived in - the most ex
travagant style. When the , day for • drawing
the prize came round, behold he drew a,blank ;
and tonna' himself a beggard man.
The demoralizing practices of - thesedeceptive
people should be , suppressed.. The evils are not
confirmed merely to our cities'; ote lages and
our country towns' e not exempt from:the vi-
AM; of these miscidevousioeople ; and Where, -
ever they go, the re s ults are swindling, and
lewdnees and debatichery.
Mr. BYRNE.. I must confess that lam ,opr,
poeed to this bill, and the reason for my Owe
sition is this : Ido not wish that it should_ go
abroad that the , great Commonwealth of Penn
sYlVania, is' so corrupt - as to reliniretheenact
ment of such a law as this against necrominuT •
witchcraft, etc. , If it were prorKsied toMake
this'applicable to -those sectio ns' of
the Ntate-vihere Ahem- pf flakes are , prevalent,
4;.slifinied..k i_ve.-noti,; but
my section ' - i ni n fts t t ,
ofanymich.praCiiiceS:7 Afr Are bill now et JL
Ohell vote against it ; for I ddi - not - r a
general law of this nature it nedealarr; an
I 6.,n0t think it:prudent to let shroud
?that the . great'Conimonwealth of Penn Sylvania
is - under the necessity of protecting its - Olthtim '
by such laws as this. e - • .
Mr. MOORE. I would motion that I read.
this bill in piece last year ; but as it was late in
the session, I never had an opportunity, .of
bringing it properly before the attention of the
House. This year I read the bill again, and - I
did so at the suggestion of the Mayor of rhi*-
delphial It is a bill which was prepared by a
gentleman who was formerly engaged in the
fortune telling business, but who has been con-_
vented. The 1241 is very carefully drawn, so as
to specify all these 'different descriptions of of
fences. Of the necessity foi z bill of this nAr
:tura, there is no doubt. Ai illustrative of this
necessity; r may refer to the contents of a letter
from Mayor. Henry. He says that under. the
present lawe there is no means of i Punishing
these swindlers—that they soniehow or other
evade, in almost every awe the penalty of , their
crimes.
I have here a letter in -reference te4lid sub
'l Bays not seen. Mayor Henry yet but lam
surelie will be;pleased to see your prOinpttiess
in thisbusiness . ;
, not only because he recom
mended you to Me,' bitt also because theACt,
it now stands, will enable him- to deal with
these fortune-tellers in the way, he wishes.
Hitherto he hUsToundltdiffiCult to bring them
to justice. • The Act now in your handscoirers
the whole ground, and will sweep them out of .
Philadelphia." `
I may state also that in conversation with
Mayor Henry, he told me that the oominisition-.
els - who tevieed - the penal code, regretted ;fit'
they had nOtincerporatedin thitusieitc#ovi
sion for the punishment of crimes ..of tins de
scription, and they hofied'the Iktmed
enact some law for that laudableboblect: ,
• Mr. ABBOTT. I had supposed, six, froinfilie
Strinig votewhich this' receliredin Cot&
mittee of the. Whole, that , when;presented Tu
in the House, the friends of the bill - Would, not
be sUbjeetedltothe necessity °tiny Vitlit!fition
its prow Therm:arks of, the gentle
manfrom Lucerne (Mr. Ipteitsilave; however,
airousedin, my mind soinemSpicion-that there
are those who do noun. posetbis_biil to*ilit-
POrtant to the interests of this Commonweidth,"
the cause of morale, and the good Ordei of soot
ily.: J believe ) Mr. .Speaker
_that :the . evil
which this bill is designed to suppre ss is an evil
9f terriblemagnitude, mit only IA the city of
Philadelphia ) , butes I am inclined to think in
every portion of this State. I cannot think that
the County of Lucerne is entirely exempt , Tlie
practices which are detailed in the bill are, car , -
mil On to alarming extent. -The denuita-_
izing , consequences .are=of a very serious &aim
nt Twill forbear, Mi. Speaker, from fitte - n4d.'
inge lengthy speech or argumenkin httplior4pf_
this, bill,. from the confidence which I set,hplygc
House by 'alargirvefer;-• I
trustthat it will: - be so. trust we do
ourselves the credit Rf acknovikriging .. .the
ez
ietence 'an 'evil in order t 0 — 5 .4043
ashamed, sir, withtlie geititerilen.fromLuseine,
that these practices are- on in Pennsylva
pia ; but, itis - uselesslr 'CM deny the fact
and attempt to assert 'that , „ininscencei• which
aties not,exist. The ism is eitilAct for. EverY
reader of-the newspaper DkiltedaYr i .mnie(iel
convinced that-the law is densanded ;41n114.feel
ionviction.that it will - revolve the. saw
gPlhatthislA)o4-
4 1 34X1ia. If the'lentlerion 'from ;La
' ler'fie,.(Atii'l3-essi) incredulous in -M ard ' 11)
theltrevalenceof- these ifractioes,l.li • &Ague
gest:W.lbn thatiteinkTfullYstdistY l 44. 4 Co f
of this
,great .evil
• - rdnitinsiafin fourth Pegel
Sill'
I 01)