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ARTICLE I. DECLARATION OF RIGHTS.

2. All men born free. Rights of life, liberty and property.

3. All power inherent in the people.

4. Rights of conscience.

5. Religion not to disqualify from office.
6. Elections to be free and equal.

7. Trial by jury guaranteed.

8. Freedom of the press. Libels.
9. Searches and seizures.

10. Accused to be heard by himself and counsel; to demand cause of accusation; to meet witnesses face to face; compulsory process for witnesses; speedy trial by impartial jury; self-accusation. Rights of life, liberty and property.

11. Criminal information. Twice in jeopardy. Private property. Property not to be taken for public use without authority of law and just compensation. 12. Courts to be open. Suits against the state. 13. Laws not to be suspended.

14. Bail, fines and punishments.

15. Prisoners to be bailable. Habeas corpus not to be suspended.

16. Commissions of oyer and terminer or jail delivery forbidden.

17. Insolvent debtors not to be imprisoned.

18. Er post facto laws and laws impairing the obligation of contracts forbidden.

19. Attainders of treason or felony by the legislature forbidden.

20. Effect of attainder limited. Suicides. Death by casualty.

21. Right to assemble and petition.

22. Right to bear arms.

23. Standing army forbidden in time of peace. 24. Quartering of troops.

25. Titles forbidden. Tenure of office.

26. Emigration not to be prohibited.

27. Everything in this article excepted out of the general powers of government.

ARTICLE II. OF THE LEGISLATURE.

28. Legislative power vested in the general assembly.

29. Biennial elections. Vacancies.

30. Terms of office.

31. Meetings of the general assembly. Vacancy in the office of United States senator.

32. Qualification of senators and representatives. Residence.

33. Not to be appointed to other civil office under the commonwealth. United States officials not to be members of either house.

34. Conviction of infamous crimes to disqualify. 35. Compensation of members. Not to be increased during term.

36. President pro tem of senate. Speaker of house. Election of officers. Each house to judge of the election and qualification of its members.

37. Quorum.

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ARTICLE III. OF LEGISLATION.

46. All laws to be passed by bill. Amendments. 47. All bills to be referred and printed.

48. No bill to contain more than one subject, to be clearly expressed in its title.

49. Three readings in each house required. Amendments to be printed. Yeas and nays to be called on final passage. Majority of the members elected to each house necessary to pass a bill.

50. Concurrence in amendments. Reports of conference committees.

51. Revival and amendment of laws not to be made by reference to title only.

52. Special and local legislation limited.

53. Partial repeal of general laws.

54. Limitation to granting powers and privileges. 55. Notice of local and special bills.

56. All bills to be signed by each presiding officer

in the presence of his house.

57. Officers of the general assembly. 58. Extra compensation prohibited.

59. All supplies to be furnished by contract given to the lowest responsible bidder. Officers not to be interested in contracts. Approval of contracts.

60. Terms of officers not to be extended, and salaries not to be increased or diminished.

61. Revenue bills to originate in the house of representatives.

62. General appropriation bill. Other appropriations.

63. No money to be paid out except upon appropriation and on warrant.

64. Appropriations to charities to require a twothirds vote.

65. Limitations as to charitable appropriations. 66. Appropriations for the widows and orphans of soldiers.

67. Special commissions prohibited.

68. Damages for injuries resulting in death, or for injuries to persons or property, not to be limited. Right of action to survive. Limitations in actions against corporations.

69. Investment of trust funds not to be authorized in the bonds or stock of any private corporation. 70. Change of venue.

71. Public obligations of corporations not to be released except upon payment.

72. Special sessions of the legislature.

73. All concurrent orders and resolutions to be presented to and approved by the governor. Passage

over veto.

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96. Partial disapproval of appropriation bills.

97. Trial of contested elections of governor or lieutenant-governor.

98. Secretary of the commonwealth. To keep a record of all official acts and proceedings of the governor.

99. Secretary of internal affairs. Perform the duties of the surveyor-general. Scope of the department. Annual report to the general assembly.

100. Superintendent of public instruction. Perform the duties of the superintendent of common schools.

101. Terms of office of the secretary of internal affairs, auditor-general and state treasurer. To be chosen by the people. Auditor-general or state treasurer not eligible to re-election.

102. State seal. All commissions to be sealed and signed by the governor.

ARTICLE V. OF THE JUDICIARY.

103. Judicial power of the commonwealth vested. 104. Supreme court to consist of seven judges. Term of office. Chief Justice.

105. Jurisdiction of the supreme court; ju be justices of oyer and terminer and general livery; original jurisdiction in injunction case a corporation is defendant. Of habeas corpu. mandamus to courts of inferior jurisdiction, a warranto as to officers of the commonwealth jurisdiction extend over the state. Appellat diction.

106. Courts of common pleas to continue a lished; no more than four counties to be incl one judicial district.

107. Separate judicial districts. Lay judg ished.

108. Common pleas in Philadelphia and Al counties.

109. Prothonotary of Philadelphia county. ries. Fees. Dockets.

110. Judges to be assigned to hold criminal 111. Judges of the common pleas to be ju oyer and terminer quarter sessions, and gene delivery, and of the orphans' court. To be jus the peace.

112. Certiorari to justices of the peace. 113. Election of justices of the peace. T office. Number. Residence.

114. Magistrate courts in Philadelphia. 115. All fees, fines and penalties to be pa the county treasury.

116. Appeal in summary convictions and ments for a penalty.

117. Election of judges other than judges supreme court. Term. Removals for cause. 118. Voting for judges of the supreme court 119. When lots shall be cast for priority o mission.

120. Compensation of judges to be fixed by 1 paid by the state. Not to receive other compen Not to hold other office.

121. Residence of judges.

122. Chancery powers of the common pleas. 123. No other than judicial duties to be in on the judges. Not to exercise any power of a ment. Nisi prius abolished.

124. When separate orphans' courts shall be lished. Register of wills to be clerk. Audit accounts. Registers' courts abolished.

125. Style of process. Indictments.
126. Right of appeal in criminal cases.
127. Vacancies in judicial office.

128. Laws relating to courts to be general a form.

129. Trial by jury may be waived in civil cas ARTICLE VI. OF IMPEACHMENT AND MOVAL FROM OFFICE.

130. House of representatives to have th power of impeachment.

131. Trial of impeachments.

132. Liability to impeachment. Judgment. 133. Removals for cause.

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154. Laws exempting non-enumerated property from taxation to be void.

155. Power to tax corporations not to be surrendered by contract or grant.

Deficiencies.

156. Limitation of state debt. 157. Laws authorizing public loans to specify the purpose; money to be so used.

158. State credit not to be pledged to an individual, company, corporation or association. Commonwealth not to become a stockholder of any corporation.

159. Municipalities not to become stockholders. 160. Limitation of municipal debts to seven per cent upon the assessed value of taxable property. Increase of indebtedness.

161. State not to assume municipal debts. Exceptions. 162. Tax for payment of municipal debts by municipalities.

163. State sinking fund. 164. Surplus funds.

moneys.

Vestment of sinking fund

165. Reserved funds to be limited. Monthly state

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190. Corporations not to engage in other business; limitation as to holding real estate.

191. Stocks and bonds not to be issued except for money, labor done, or money or property actually received. Increase of stock of indebtedness.

192. Compensation for property taken, injured or destroyed in the exercise of eminent domain. Appeal guaranteed. Right to jury trial.

193. Bank notes to be registered and countersigned. Security to be deposited therefor.

194. Revocation of charters. Creation and renewal. 195. Public notice of application for banking powers. Limitation of such charter.

196. Telegraphs. Consolidation of companies prohibited, 197. The term corporations" to include joint stock companies.

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ARTICLE XVII. OF RAILROADS AND CANALS. 198. Railroads and canals to be public highways. Intersections, connections and crossings. 199. Office for transfer of stock. Inspection of books.

200. Discriminating charges forbidden.

201. Consolidations with parallel or competing lines forbidden.

Officers.

202. Common carriers not to engage in mining or manufacturing articles for transportation over their works. Business and holding of lands limited. Mining or manufacturing companies may carry their products over their own railroads or canals.

203. Officers not to be interested in contracts. 204. Discrimination in charges or facilities. 205. Free passes forbidden.

206. Street railways not to be constructed without the consent of local authorities.

207. Future legislation to be subject to the condition of acceptance of all the provisions of this article. 208. Powers and duties of auditor general in regard to transportation companies transferred to the secretary of internal affairs. Special reports.

209. Enforcement of this article.

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212. When constitution to take effect.

213. Former laws and rights to remain in force.
214. Election of senators in 1874 and 1875.
215. Election of senators in 1876.
216. First election of governor.

217. Election of lieutenant-governor in 1874.
218. Election of secretary of internal affairs.
219. Superintendent of public instruction.
220. Present officers to be eligible for re-election.
221. Terms of judges of the supreme court.

222. Courts of record to continue. Criminal court in Schuylkill, Lebanon and Dauphin counties abolished.

223. Registers, courts abolished.

224. Judicial districts to be designated. Judges in commission.

225. Change of judicial districts. 226. Judges in commission.

227. President judge of the common pleas. Lay judges.

228. Compensation of judges to be fixed. 229. Organization of common pleas in Philadelphia. 230. Organization of common pleas in Allegheny. 231. When new organization of common pleas to take effect.

232. Transfer of causes and dockets in Philadelphia. 233. Trial of pending causes in Allegheny county. 234. Prothonotary in Philadelphia. Clerk of oyer and terminer and quarter sessions. 235. Aldermen.

236. Magistrates in Philadelphia.

237. Present officers to continue until term shall expire.

238. Oath of office.

239. Expiration of terms of county commissioners and county auditors.

240. Compensation of present officers.

241. Officers to be sworn to support this constitution.

242. Laws to be passed to carry constitution into effect.

243. Validity of ordinance submitting constitution to the people.

Preamble.

Art. 1. Sect. 1.

Rights of life, liberty, property, &c.

Art. 1. Sect. 2. Political power.

Art. 1. Sect. 8. Rights of conscience, &c.

Art. 1. Sect. 4.

Religion.

Art. 1. Sect. 5.

Elections.

Art. 1. Sect. 6. Trial by jury.

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PREAMBLE.

1. WE, the people of the Commonwealth of Pennsylvania, grateful to Almighty God for the blessings of civil and religious liberty, and humbly invoking His guidance, do ordain and establish this constitution. (a)

ARTICLE I.

DECLARATION OF RIGHTS.

2. That the general, great and essential principles of liberty and free govern ment may be recognized and unalterably established, WE DECLARE that

All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness. (b)

3. All power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety and happiness. For the advancement of these ends, they have, at all times, an inalienable and indefeasible right to alter, reform or abolish their government, in such manner as they may think proper.

4. All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; (c) no man can, of right, be compelled to attend, erect or support any place of worship, or to maintain any ministry, against his consent; no human authority can, in any case whatever, control or interfere with the rights of conscience; (d) and no preference shall ever be given, by law, to any religious establishments or modes of worship.

5. No person who acknowledges the being of a God, and a future state of rewards and punishments, shall on account of his religious sentiments, be disqualified to hold any office, or place of trust or profit, under this commonwealth. (e)

6. Elections shall be free and equal; and no power, civil or military, shall at any time, interfere to prevent the free exercise of the right of suffrage.

7. Trial by jury shall be as heretofore, (g) and the right thereof remain inviolate.(h)

(a) The object of the constitution is not to grant legislative power, but to confine and restrain it. Without the constitutional limitations, the power of the legislature to make laws would be absolute. People v. Draper, 15 N. Y. 549. People v. Flagg, 46 Ibid. 401. Monongahela Navigation Co. v. Coons, 6 W. & S. 117. The rule of interpretation for the state constitution differs totally from that which is applicable to the constitution of the United States. The latter instrument must have a strict construction; the former, a liberal one. Congress can pass no laws but those which the constitution authorizes, either expressly or by clear implication; whilst the assembly has jurisdiction of all subjects on which its legislation is not prohibited. Commonwealth v. Hartman, 17 P. S. 119. Sharpless v. Mayor of Philadelphia, 21 Ibid. 160. Weister v. Hade, 52 Ibid. 474.

(b) See Sharpless v. Mayor of Philadelphia, 21 P. S. 147. The legislature has no power to divest an estate in remainder and vest it in the tenant for life. Wolford v. Morgenthal, 91 P.S.30. Shenley v. O'Hara, 27 P. L. J. 184. See Myers' Appeal, 16 W. N. C. 137; School District v. Seminary, 22 W. N. C. 65; Ritter v. Bausman, 2 Woodward 248. So much of the acts 28th March 1799, 3d April 1830, 6th April 1840, 5th May 1841 and 8th April 1867 as restricts the granting of peddlers' licenses to persons physically disabled is in conflict with this section. Brittain's Application, 5 C. C. 318; In re Peddlers' License, 22 W. N. C. 35. See Godcharles v. Wigeman, 113 P. S. 431. Fromberg's Petition, 4 C. C. 354. Groh v. Commonwealth, 6 C. C. 130. Commonwealth v. Irving, 1 Susq. Leg. Chron. 69.

(c) Christianity is a part of the common law of Pennsylvania; not Christianity founded on any particular religious tenets, but Christianity with liberty of conscience to all men. Updegraph v. Commonwealth, 11 S. & R. 394, 400. Brown v. Hummell, 6 P.S. 96. Specht v. Commonwealth, 8 Ibid. 327. Commonwealth v. Johnston, 11 L. I. 14. See 2 Story Const. § 1871. Harvey v. Boies, 1 P. & W. 13. Vidal v. Girard's Executors, 2 How. 199. Lindenmuller v.

People, 33 Barb. 548. Zeisweiss v. James, 63 P. S. 465. Every religious society, for its own internal order, and for the mode in which it fulfils its functions, is a law unto itself, provided it keep within the bounds of social order and morality. McGinnis v. Watson, 41 P. S. 14. Sutter v. First Reformed Dutch Church, 42 Ibid. 503. Roshi's Appeal, 69 Ibid. 462. Kerr's Appeal, 89 Ibid. 97. Twigg v. Sheehan, 101 Ibid. 363.

(d) Those who keep the seventh day as their Sabbath, may be punished for working on Sunday. Commonwealth v. Wolfe, 3 S. & R. 48. Specht v. Commonwealth, 8 P. S. 322. Omit v. Commonwealth, 21 Ibid. 426. And see Johnston v. Commonwealth, 22 Ibid. 114; s. c. 11 L. I. 14. Commonwealth v. Lesher, 17 S. & R. 160.

(e) The test of competency is, whether the party believe in the existence of a God, who will punish him, if he swear falsely. Cubbison v. McCreary, 2 W. & S. 262. Blair v. Seaver, 26 P. S. 274. Butts v. Swartwood, 2 Cow. 431.

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(g) This does not interfere with the summary conviction of rogues and vagabonds. Byers v. Commonwealth, 42 P. S. 89. And see Rhines v. Clark, 51 Ibid. 96; Haines v. Levin, Ibid. 412. Kulp v. Wilkesbarre, 29 Pitts. L. J. 414. Morgan v. Commonwealth, 30 Ibid. 14. It is error, if it do not appear, by the record of the trial of an indictment, that the defendant was tried by twelve jurors, lawfully sworn. bler v. Commonwealth, 3 S. & R. 237. A waiver of this right, by the consent of the defendant, in a criminal case, is a nullity. Commonwealth v. Shaw, 1 Pitts. 492. Cancemi v. People, 18 N. Y. 129. 37th section of the code of criminal procedure, giving the commonwealth four peremptory challenges, does not conflict with this provision. Warren v. Commonwealth, 37 P. S. 45. Hartzell v. Commonwealth, 40 Ibid. 462. The affidavit of defence law is not in conflict with this section. Lawrence v. Borm, 86 P. S. A trial by jury is not a matter of right in proceedings by a purchaser at sheriff's sale to obtain possession. Wyncoop v. Cooch, 89 P. S. 450. Sum

225.

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