Sidor som bilder

Art. 3. Sect. 4. Three readings. Amendments.

Yeas and nays.

Art. 3. Sect. 5.

Votes on concurring in amend


Reports of com

mittees of conference.

Art. 3. Sect. 6.

Revival and amendment of laws.

Art. 3. Sect. 7.

Special and local

49. Every bill shall be read at length, on three different days, in each house; all amendments made thereto shall be printed for the use of the members, before the final vote is taken on the bill; and no bill shall become a law, unless, on its final passage, the vote be taken by yeas and nays, the names of the persons voting for and against the same be entered on the journal, and a majority of the members elected to each house be recorded thereon as voting in its favor.(s)

50. No amendment to bills by one house shall be concurred in by the other, except by the vote of a majority of the members elected thereto, taken by yeas and nays, and the names of those voting for and against recorded upon the journal thereof; and reports of committees of conference shall be adopted in either house only by the vote of a majority of the members elected thereto, taken by yeas and nays, and the names of those voting recorded upon the journals.

51. No law shall be revived, amended, or the provisions thereof extended or conferred, by reference, to its title only, but so much thereof as is revived, amended, extended or conferred shall be re-enacted and published at length.(t)

52. The general assembly shall not pass any local or special law:
Authorizing the creation, extension or impairing of liens;

Regulating the affairs of counties, cities, townships, wards, boroughs or school

legislation limited. districts; (u)

Allegheny City v. Moorhead, 80 Ibid. 118. Dewhurst V. Allegheny, 95 Ibid. 437. If, however, the title of an act tend to mislead as to the power granted, it is unconstitutional; such title stands on a different footing from one general in its terms. Union Passenger Railway Company's Appeal, 32 Sm. 91. The title of an act is now deemed a part. of it. Pennsylvania Railroad Co. v. Riblet, 66 P. S. 164. Eby's Appeal, 70 Ibid. 311. Cochran v. Library Co., 6 Phila. 492. The title of an act should be sufficiently clear and comprehensive to fairly give notice of its subject. Bennett v. Maloney, 4 Kulp 537. The following acts have been held not to be in violation of this section: act 11 June 1879 (P. L. 150), and its supplement of 17 May 1883 (P. L. 36), in In re Borough, 117 P. S. 538; act 9 May 1871, relating to streets in the several boroughs of Montgomery county, in Streets in Royersford, 2 Montg. 153; act 5 May 1876, as to rebuilding county bridges, in Myers v. Commonwealth, 110 P. S. 217; the wholesale liquor act of 24 May 1887, in Doberneck's Application, 35 P. L. J. 476; the revenue act 30 June 1885, in Manufacturing Co.'s Appeal, 1 Mona. 353; act 2 June 1870, authorizing turnpike, plank-road and canal companies to issue bonds and abandon portions of their roads, in Fredericks v. Canal Co., 109 P. S. 50; acts 22 April 1879 and 2 June 1881, making it the duty of the county auditors to audit the accounts of directors of the poor, treasurers and stewards, in Nason v. Directors, 24 W. N. C. 60; act 6 May 1887, against obscene literature, in Commonwealth v. Havens, 6 C. C. 545; the high license act 13 May 1887, in Commonwealth v. Sellers, 130 P. S. 32. The following acts have been held to be unconstitutional as violative of this section of the constitution: act 12 May 1867, prohibiting the sale of liquor within two miles of the normal school at Mansfield, Tioga county, in Hatfield v. Commonwealth, 120 P. S. 395; act 14 May 1874, or so much thereof as discloses an intent to impose taxation, in Borough v. Sholes, 118 P. S. 165; act 8 March 1872, relating to the Ridge Avenue Passenger Railway Co., in Railway Co. v. City, 23 W. N. C. 324; act 9 April 1870, against fraudulently trafficking in registered mineral water bottles, in Commonwealth v. Farley, 6 C. C. 433; act 18 March 1858, as to laying out and opening roads in Chester county boroughs, in Road in Phoenixville, 1 Mona. 353; act 3 June 1885, for the suppression of lottery gifts by storekeepers, in Commonwealth v. Moorhead, 7 C. C. 513; act 10 June 1881, relating to game and fish, in Commonwealth v. Bender, 7 C. C. 620. See Rogers v. Improvement Co., 109 P. S. 109. Commonwealth v. France, 135 P. S. 389. Swaney v. Oil Co., 7 C. C. 351, and note to State v. Circuit Court, 15 Atlan. 297. Where the title of an act does not fully express its subject, only those provisions are void which are not covered by the title. McGee's Appeal, 114 P. S. 570. If the title of an original act fully expresses its subject, and a supplement thereto has a title sufficiently expressing any subject within the purview, and contains provisions germane to the subject, such supplementary act is not unconstitutional. In re Borough, 117 P. S. 538.

(s) An alleged disregard of the forms of legislation required by the constitution on the passage of a law, is not the subject of judicial inquiry. Kilgore v.

Magee, 85 P. S. 401. See People v. Supervisors of
Chenango, 8 N. Y. 317.

(t) See Wells v. Buffalo, 14 Hun 438. A statute intended to extend the provisions of another statute to another class of subjects, but not setting forth the provisions thus extended, is unconstitutional. Woodward v. City, 4 Kulp 125. An act intended to extend the provisions of other acts to persons not covered by said acts by reference to their titles only, is unconsti tutional. Iron Works v. Oil Co., 122 P. S. 627. An amendment which does not re-enact the original act at length is in violation of this section. Barrett's Appeal, 116 P. S. 486. A reference to another act as an example by way of illustration is not such a reenactment as is required to be re-enacted at length. Krause v. Railroad Co., 20 W. N. C. 111. The provision of the practice act of 25 May 1887, for a statement as provided by the act of 21 March 1806, is not in conflict with this section. Krause v. Railroad Co., 20 W. N. C. 111. See Pottstown Borough Extension, 1 Montg. 189, 161. Lansdale Borough Extension, Ibid. 192. County v. Overseers, 135 P. S. 86. Borough v. Railway Co., 131 P. S. 1. Commonwealth v. Bender, 7 C. C.620. Reid v. Smoulter, 128 P. S. 324.

(u) The municipal corporation act of 24 May 1887, and the act 11 April 1876, were held to be obnoxious to this section. Ayar's Appeal, 122 P. S. 266. Shoemaker v. City, Ibid. 285. Berghaus v. City, Ibid. 289. Grant Street, 121 P. S. 596. If an act regulating affairs of counties, cities, townships, wards, boroughs or school districts either produces or may produce local results, it is void under this section. School District's Appeal, 113 P. S. 176. See Morrison v. Bachert, 112 P. S. 322. City v. Silkman, 113 P. S. 191. McCarthy v. Commonwealth, 110 P. S. 243. Commonwealth v. Farley, 46 L. I. 108. Beaver County Indexes, 6 C. C. 525; Townsend v. Wilson, 7 C. C. 101. Miller v. Cunningham, 8 Ibid. 500. Chester County Court House, 7 C. C. 212. Commonwealth v. Commissioners, Ibid. 173. Commonwealth v. Swab, 8 Ibid. 111. Commonwealth v. Reynolds, 27 W. N. C. 139. All the boroughs and townships in the state are the proper subjects of independent and general legislation without making such an act a local statute. Evans v. Philipi, 117 P. S. 226. An act purporting to be a general system for the whole state is not to be regarded as a local act because it contains a provision that it shall not be taken to repeal local or special acts. Keim v. Devitt, 3 C. C. 250. The word affairs" in this section, means such affairs as affect the people of the county. Frost v. Cherry, 122 P. S. 417. The following acts have been held not to be local legislation in violation of this section: act 25 June 1885, regulating the collection of taxes in boroughs and townships, in Evans v. Philipi, 117 P. S. 226; act 30 June 1885, section 20 (the revenue act), in Manufacturing Co.'s Appeal, 1 Mona. 353; act 9 June 1874, repealing the act relating to road juries in Philadelphia county, in Arrott Street, 18 W. N. C. 121; act 30 June 1885, for the regulation of plumbers in cities of the first class, Commonwealth v. Lambecht, 3 C. C. 323; the high license act of 13 May 1887, in Commonwealth v. McCandless, 21 W. N. C. 162; act 4 May 1889, for the election of constables in wards of cities of the second and third classes, in Reading

Changing the names of persons or places;

Changing the venue in civil or criminal cases;

Authorizing the laying out, opening, altering or maintaining roads, highways, streets or alleys;

Relating to ferries or bridges, or incorporating ferry or bridge companies, except for the erection of bridges crossing streams which form boundaries between this and any other state;

Vacating roads, town-plats, streets or alleys;

Relating to cemeteries, graveyards, or public grounds, not of the state;
Authorizing the adoption or legitimation of children;

Locating or changing county seats;

Erecting new counties, or changing county lines;

Incorporating cities, towns or villages, or changing their charters;

For the opening and conducting of elections, or fixing or changing the place of voting;

Granting divorces;

Erecting new townships or boroughs;

Changing township lines, borough limits or school districts;

Creating offices, or prescribing the powers and duties of officers, in counties, cities, boroughs, townships, election or school districts;

Changing the law of descent or succession;

Regulating the practice or jurisdiction of, or changing the rules of evidence in, any judicial proceeding or inquiry before courts, aldermen, justices of the peace, sheriffs, commissioners, arbitrators, auditors, masters in chancery or other tribunals; or providing or changing methods for the collection of debts, or the enforcing of judgments, or prescribing the effect of judicial sales of real estate;

Regulating the fees, or extending the powers and duties of aldermen, justices of the peace, magistrates or constables;

Regulating the management of public schools, the building or repairing of school-houses, and the raising of money for such purposes;

Fixing the rate of interest;

Affecting the estates of minors or persons under disability, except after due notice to all parties in interest, to be recited in the special enactment;

Remitting fines, penalties and forfeitures, or refunding moneys legally paid into the treasury;

Exempting property from taxation;

Regulating labor, trade, mining or manufacturing;

Creating corporations, or amending, renewing or extending the charters thereof; Granting to any corporation, association or individual, any special or exclusive privilege or immunity, or to any corporation, association or individual, the right to lay down a railroad track;

53. Nor shall the general assembly indirectly enact such special or local law, by the partial repeal of a general law; but laws repealing local or special acts may be passed;

54. Nor shall any law be passed granting powers or privileges, in any case where the granting of such powers and privileges shall have been provided for by general law, nor where the courts have jurisdiction to grant the same, or give the relief asked for.(v)

Constables, 8 C. C. 101; act 8 May 1889, fixing the number of road and bridge viewers, East Avenue, 7 Lanc. 164; act 5 April 1867, authorizing the borough of Wilkesbarre to assess for paving according to the frontage rule, 6 Kulp 163; act 29 May 1889, providing for the incorporation of a new borough out of a seceding part of an existing borough, Sharon Hill Borough, 4 Del. 252; act 13 April 1887, amendatory of the act establishing separate orphans' courts, in Reid v. Smoulter, 128 P. S. 324; act 18 March 1875, providing that a married woman may transfer alone, in Loftus v. Bank, 133 P. S. 97; act 28 April 1887, relating to the acquisition of real estate by the poor guardians in cities of the second class, in Straub v. City, 38 P. L. J. 89; act 6 May 1887, sections 1 and 2, providing that in opening and widening plotted streets in Philadelphia, the viewers shall also assess damages and benefits, in Ruan Street, 132 P. S. 257; act 14 June 1887, as to wharves in Pittsburgh, in Ree's Appeal, 12 Atlan. 427; act 14 Feb. 1889, section 4, as to township assessors, in Commonwealth v. Coleman, 9 C. C. 90. The following acts have been declared unconstitutional as in violation of this section: act 27 June 1883, continuing the lien of a scire facias upon municipal claims in cities of the first class for five years, in City v. Church, 115 P. S. 291; act 13 June 1883, authorizing a discharge without taking the benefit of the insolvent law, in Carey's Petition, 43 L. I. 384; act 1 June 1885, relating to the

Art. 8. Sect. 7.


Partial repeal of general law.


Limitation to granting powers and privileges.

recovery of judgments against the city of Philadelphia, in Betz v. City, 4 C. C. 481; act 6 May 1887, sections 3 to 17, providing for special practice in road cases in Philadelphia, in Ruan Street, 132 P. S. 257; act 23 March 1877, authorizing sheriffs and prothonotaries to sue for their fees, in Strine v. Foltz, 113 P. S. 349; act 19 March 1879, providing for the incorporation of street railways in cities of the second and third classes, in Weinman v. Railway Co., 118 P. S. 192; act 23 May 1878, providing for the regulation and incorporation of certain passenger railway companies, in Turnpike v. Railway Co., 5 C. C. 467; act 23 June 1885, regulating fences, in Frost v. Cherry, 122 P. S. 417; acts 11 June 1879, and 17 May 1883, providing for the annexation of adjacent territory to boroughs, in Pottstown Borough Extension, 4 Montg. 29; and the act 14 June 1887, providing a peculiar method of procedure in road cases in the city of Pittsburgh. Wyoming Street, 137 P. S. 494. See Directors v. Commonwealth, 37 L. I. 94, and notes to State v. Committee, 14 Atlan. 588, and State v. Circuit Court, 15 Atlan. 297. Railroad Co.'s Appeal, 33 Pitts. L. J. 191. Commonwealth v. Denworth, 145 P. S. 172.

(2) This section is wholly prospective in its prohibition, and does not repeal existing laws. Indiana County v. Agricultural Society, 85 P. S. 357. Allegheny County v. Gibson, 90 Ibid. 397. It does not prevent the classification of municipal corporations with respect to taxation. Wheeler v. Philadelphia,

Art. 3. Sect. 8. Notice of local and special bills.

Art. 3. Sect. 9. Signing of bills.

Art. 3. Sect. 10. Officers of the

55. No local or special bill shall be passed, unless notice of the intention to apply therefor shall have been published, in the locality where the matter or the thing to be affected may be situated, which notice shall be at least thirty days prior to the introduction into the general assembly of such bill, and in the manner to be provided by law; the evidence of such notice having been published, shall be exhibited in the general assembly, before such act shall be passed.

56. The presiding officer of each house shall, in the presence of the house over which he presides, sign all bills and joint resolutions passed by the general assembly, after their titles have been publicly read, immediately before signing; and the fact of signing shall be entered on the journal.

57. The general assembly shall prescribe by law the number, duties and compensation of the officers and employees of each house and no payment shall be general assembly. made from the state treasury, or be in any way authorized, to any person, except to an acting officer or employee elected or appointed in pursuance of law.

Art. 3. Sect. 11.

Extra compensa

tion prohibited.

Art. 3. Sect. 12. Public contracts for supplies.

Art. 3. Sect. 18.

Extension of official terms, &c., prohibited.

Art. 3. Sect. 14. Revenue bills.

Art. 3. Sect. 15. Appropriation bills.

Art. 3. Sect. 16. Public moneys. Art. 3. Sect. 17.

Appropriations to charities.

Art. 3. Sect. 18. Limitations.

Art. 3. Sect. 19.

For soldiers' widows and orphans.

Art. 3. Sect. 20. Special commissions prohibited. Art. 8. Sect. 21.

Damages for personal injuries.

58. No bill shall be passed giving any extra compensation to any public officer, servant, employee, agent or contractor, after services shall have been rendered or contract made, nor providing for the payment of any claim against the commonwealth, without previous authority of law.

59. All stationery, printing, paper and fuel used in the legislative and other departments of government, shall be furnished, and the printing, binding and distributing of the laws, journals, department reports, and all other printing and binding, and the repairing and furnishing the halls and rooms used for the meetings of the general assembly and its committees, shall be performed under contract, to be given to the lowest responsible bidder below such maximum price, and under such regulations, as shall be prescribed by law; no member or officer of any department of the government shall be, in any way, interested in such contracts; and all such contracts shall be subject to the approval of the governor, auditor-general and

state treasurer.

60. No law shall extend the term of any public officer, or increase or diminish his salary or emoluments, after his election or appointment.(w)

61. All bills for raising revenue shall originate in the house of representatives, but the senate may propose amendments as in other bills.

62. The general appropriation bill shall embrace nothing but appropriations for the ordinary expenses of the executive, legislative and judicial departments of the commonwealth, interest on the public debt and for public schools; all other appropriations shall be made by separate bills, each embracing but one subject.

63. No money shall be paid out of the treasury, except upon appropriations made by law, and on warrant drawn by the proper officer in pursuance thereof. 64. No appropriation shall be made to any charitable or educational institution, not under the absolute control of the commonwealth, other than normal schools, established by law, for the professional training of teachers for the public schools of the state, except by a vote of two-thirds of all the members elected to each house.

65. No appropriations, except for pensions or gratuities for military services, shall be made for charitable, educational or benevolent purposes, to any person or community, nor to any denominational or sectarian institution, corporation or association.

66. The general assembly may make appropriations of money to institutions wherein the widows of soldiers are supported or assisted, or the orphans of soldiers are maintained or educated; but such appropriations shall be applied exclusively to the support of such widows and orphans.

67. The general assembly shall not delegate to any special commission, private corporation or association, any power to make, supervise or interfere with any municipal improvement, money, property or effects, whether held in trust or otherwise, or to levy taxes, or perform any municipal function whatever.(x)

68. No act of the general assembly shall limit the amount to be recovered for injuries resulting in death, or for injuries to persons or property;(y) and, in case

77 P. S. 338. Kilgore v. Magee, 85 Ibid. 4. Philadel phia v. Pepper, 16 W. N. C. 334. As to what is a local or special act, within the prohibition, see Montgomery v. Commonwealth, 91 P. S. 125. Commonwealth v. Patton, 88 Ibid. 258. Davis v. Clark, 106 Ibid. 377. Topeka v. Gillett, 32 Am. L. Reg. 778. Morrison v. Bachert, 112 P. S. 322. People v. Supervisors of Chautauqua, 43 N. Y. 10. Kerrigan v. Force, 68 Ibid. 381. New York Elevated Railroad Co., 70 Ibid. 327.

(w) Apple v. Crawford County, 105 P. S. 300. An office may be abolished. Donohugh v. Roberts, 15 Phila. 144. The salary or emoluments of an assessor cannot be increased after his election; and this, though he is paid by the day. For v. County, 4 C. C. 393. See Judges' Compensation, Ibid. 596. A city ordinance increasing the salary of a municipal officer is not within the constitutional prohibition. Baldwin

v. City, 99 P. S. 170. Gift v. Allentown, 37 L. I. 332. Carpenter v. City, 4 Del. Co. 63. Policemen in cities of the third class are entitled to an increase of salary made while in office. Russell v. City, 9 C. C. 129. The act of 25 April 1889, that the county shall furnish the office furniture, books and stationery for the county officers, was held to be in violation of this section. Wren v. County, 6 Kulp 37. Young v. County, 7 C. C. 428. The legislature is incompetent to repeal the salary of a constitutional officer without substituting another provision in its place. Reid v. Smoulter, 128 P. S. 324. Judges may receive extra compensation for special services in other than their own judicial district. Judges' Compensation, 4 C. C. 596.

(x) Mellon v. Pittsburgh, 21 Pitts. L. J. 185. (y) This abrogated such limitations contained in existing laws. Lewis v. Hollahan, 14 W. N. C. 505; s. c. 103 P. S. 425. Grape Street, Ibid. 121. Conway v.

of death from such injuries, the right of action shall survive, and the general Art. 3. Sect. 21. assembly shall prescribe for whose benefit such actions shall be prosecuted. Νο act shall prescribe any limitations of time within which suits may be brought against corporations for injuries to persons or property, or for other causes, different from those fixed by general laws regulating actions against natural persons; and such acts now existing are avoided.(z)

69. No act of the general assembly shall authorize the investment of trust funds Art. 3. Sect. 22. by executors, administrators, guardians or other trustees, in the bonds or stock of Investment of any private corporation; and such acts now existing are avoided, saving investments trust funds. heretofore made.

70. The power to change the venue in civil and criminal cases shall be vested in the courts, to be exercised in such manner as shall be provided by law. (a) 71. No obligation or liability of any railroad or other corporation, held or owned by the commonwealth, shall ever be exchanged, transferred, remitted, postponed, or in any way diminished, by the general assembly; nor shall such liability or obligation be released, except by payment thereof into the state treasury. 72. When the general assembly shall be convened in special session, there shall be no legislation upon subjects other than those designated in the proclamation of the governor calling such session.

73. Every order, resolution or vote to which the concurrence of both houses may be necessary, except on the question of adjournment, shall be presented to the governor, and before it shall take effect, be approved by him, or being disapproved, shall be repassed by two-thirds of both houses, according to the rules and limitations prescribed in case of a bill.

Art. 3. Sect. 23.

Change of venue.
Art. 3. Sect. 24.

Public obligations

not to be released, &c.

Art. 8. Sect. 25.

Legislation at special sessions. Art. 3. Sect. 26.

Concurrent orders

and resolutions.

74. No state office shall be continued or created for the inspection or measuring Art. 3. Sect. 27. of any merchandise, manufacture or commodity; but any county or municipality may appoint such officers, when authorized by law. (b)

Inspectors of merchandise.

75. No law changing the location of the capital of the state shall be valid, until Art. 3. Sect. 28. the same shall have been submitted to the qualified electors of the commonwealth, at a general election, and ratified and approved by them.

State capital.

Art. 3. Sect. 29.

Receiving bribes punished.

76. A member of the general assembly who shall solicit, demand or receive, or consent to receive, directly or indirectly, for himself or for another, from any company, corporation, or person, any money, office, appointment, employment, testimonial reward, thing of value or enjoyment, or of personal advantage, or promise thereof, for his vote or official influence, or for withholding the same, or with an understanding, expressed or implied, that his vote or official action shall be, in any way, influenced thereby; or who shall solicit or demand any such money or other advantage, matter or thing aforesaid, for another, as the consideration of his vote or official influence, or for withholding the same, or shall give or withhold his vote or influence, in consideration of the payment or promise of such money, advantage, matter 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 offence, and such additional punishment as is or shall be provided by law. (c) 77. Any person who shall, directly or indirectly, offer, give or promise, any Art. 3. Sect. 30. money or thing of value, testimonial, privilege or personal advantage, to any executive or judicial officer, or member of the general assembly, to influence him in the giving bribes. performance of any of his public or official duties, shall be guilty of bribery, and be punished in such manner as shall be provided by law.

Punishment of

Corrupt solicita

78. The offence of corrupt solicitation of members of the general assembly, or Art. 3. Sect. 31. of public officers of the state, or of any municipal division thereof, and any occupation or practice or solicitation of such members or officers, to influence their tion. official action, shall be defined by law, and shall be punished by fine and imprisonment.(d)

79. Any person may be compelled to testify, in any lawful investigation or Art. 3. Sect. 82. judicial proceeding, against any person who may be charged with having committed Witnesses comthe offence of bribery or corrupt solicitation, or practices of solicitation, and shall pelled to testify. not be permitted to withhold his testimony, upon the ground that it may criminate himself, or subject him to public infamy; but such testimony shall not afterwards be used against him, in any judicial proceeding, except for perjury in giving such testimony; and any person convicted of either of the offences aforesaid shall, as part of the punishment therefor, be disqualified from holding any office or position Disqualification on of honor, trust or profit in this commonwealth.


80. A member who has a personal or private interest in any measure or bill pro- Art. 8. Sect. 83. posed or pending before the general assembly, shall disclose the fact to the house of which he is a member, and shall not vote thereon.

[blocks in formation]

Members interested not to vote.

(b) Elton v. Geissert, 10 Phila. 330. See Tinkham V. Tapscott, 17 N. Y. 141.

(c) See Williams v. Commonwealth, 91 P. S. 493. Howard v. Jacoby, 11 Luz. L. Reg. 25.

(d) Commonwealth v. Petroff, 2 Pears. 534.

Art. 4. Sect. 1.

Executive depart


Art. 4. Sect. 2.





81. The executive department of this commonwealth shall consist of a governor, lieutenant-governor, secretary of the commonwealth, attorney-general, auditor-general, state treasurer, secretary of internal affairs, and a superintendent of public instruction.

82. The supreme executive power shall be vested in the governor, who shall take care that the laws be faithfully executed; he shall be chosen on the day of the general election, by the qualified electors of the commonwealth, at the places where they shall vote for representatives. The returns of every election for governor shall be sealed up and transmitted to the seat of government, directed to the president of the senate, who shall open and publish them, in the presence of the members of both houses of the general assembly. The person having the highest number of votes shall be governor, but if two or more be equal and highest in votes, one of them shall be chosen governor, by the joint vote of the members of Contested election. both houses. Contested elections shall be determined by a committee, to be selected from both houses of the general assembly, and formed and regulated in such manner as shall be directed by law.

Art. 4. Sect. 8. Term of office.

Art. 4. Sect. 4. Lieutenant

83. The governor shall hold his office during four years from the third Tuesday of January next ensuing his election, and shall not be eligible to the office for the next succeeding term.

84. A lieutenant-governor shall be chosen at the same time, in the same manner, for the same term, and subject to the same provisions as the governor; he shall be To be president of president of the senate, but shall have no vote, unless they be equally divided.


the senate.

Art. 4. Sect. 5. Qualifications.

Art. 4. Sect. 6. Disqualifications.

Art. 4. Sect. 7. Military power.


85. No person shall be eligible to the office of governor or lieutenant-governor, except a citizen of the United States, who shall have attained the age of thirty years, and have been seven years next preceding his election an inhabitant of the state, unless he shall have been absent on the public business of the United States, or of this state.

86. No member of congress, or person holding any office under the United States, or this state, shall exercise the office of governor or lieutenant-governor. 87. The governor shall be commander-in-chief of the army and navy of the commonwealth, and of the militia, except when they shall be called into the actual service of the United States.

Art. 4. Sect. 8. 88. He shall nominate, and, by and with the advice and consent of two-thirds of all the members of the senate, appoint a secretary of the commonwealth and an Appointing power. attorney-general during pleasure, a superintendent of public instruction, for four years, and such other officers of the commonwealth as he is or may be authorized, by the constitution or law, to appoint; he shall have power to fill all vacancies that may happen in offices to which he may appoint, during the recess of the senate, by granting commissions which shall expire at the end of their next session; he shall have power to fill any vacancy that may happen, during the recess of the senate, in the office of auditor-general, state treasurer, secretary of internal affairs, or superintendent of public instruction, in a judicial office, or in any other elective office which he is or may be authorized to fill; if the vacancy shall happen during the session of the senate, the governor shall nominate to the senate, before their final adjournment, a proper person to fill said vacancy; but in any such case of vacancy in an elective office, a person shall be chosen to said office, at the next general election, unless the vacancy shall happen within three calendar months immediately preceding such election, in which case, the election for said office shall be held at the second succeeding general election. (e) 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, and shall be entered on the journal.


Art. 4. Sect. 9.

Pardoning power.


89. He shall have power to remit fines and forfeitures, (g) to grant reprieves, commutations of sentence and pardons, (h) except in cases of impeachment; but no pardon shall be granted, nor sentence commuted, except upon the recommendation

(e) This does not apply to offices filled at the February election. Commonwealth v. Callen, 101 P. S. (g) The fines and penalties which he may remit, are such only, as are now, or were originally, payable to the state. Shoop v. Commonwealth, 3 P. S. 126. He may remit a forfeited recognizance, after judgment for the use of the county. Commonwealth v. Denniston, 9 W. 142.

(h) He may pardon, as well before trial, as after. Hatzfield v. Gulden, 7 W. 155. York County v. Dalhousen, 45 P. S. 372. Commonwealth v. Hitchman, 46 Ibid. 357. So, he may grant a conditional pardon. Flavell's Case, 8 W. & S. 197. A pardon, although after sentence, is a release of all fines or imprisonment for the offence. Cope v. Commonwealth, 28 P. S. 297. Commonwealth v. Shisler, 2 Phila. 256. But not of

the costs, to the payment of which a prisoner may have been sentenced. Ex parte McDonald, 2 Wh. 440. Schuylkill County v. Reifsnyder, 46 P. S. 446. But see Commonwealth v. Ahl, 43 Ibid. 53. A pardon must be proved by the production of the warrant itself, or its loss must be accounted for. Spalding v. Saxton, 6 W. 338. And see Commonwealth v. Ohio and Pennsylvania Railroad Co., 1 Grant 329. A pardon obtained by fraud may be revoked, before actual delivery. Commonwealth v. Halloway, 44 P. S. 210. Ex parte De Puy, 3 Ben. 307. And see Commonwealth v. Ahl, 43 P. S. 57-9. Commonwealth v. Kelly, 9 Phila. 586. Without words of restitution, a pardon does not restore a forfeited estate. Aldrich v. Jessup, 3 Grant 158. Formal irregularities in a pardon will not annul its effect. Hester v. Commonwealth, 85 P. S. 139.

« FöregåendeFortsätt »