Imágenes de páginas

The population of the State, as ascertained by

ARTICLE XVI. the federal census, or in such other mode as the

No person who may hereafter fight a duel, General Assembly may direct, shall be divided assist in the same as second, or send, accept, or by the number one hundred and five, and the knowingly carry a challenge therefor, shall hold quotient shall be the ratio of representation in


office in this State. the House of Representatives for the ten years No person elected to the General Assembly, succeeding such apportionment.

or to a convention or commission to revise, Every county shall be entitled to one repre- alter, or amend this constitution, or elected or sentative; every county containing said ratio appointed to any judicial or lucrative State or and one half over shall be entitled to two repre-county office, shåll, from the time of his election sentatives ; every county containing three times or appointment until the end of the term of such said ratio shall be entitled to three representa- office, knowingly accept from a railroad or transtives; and so on, requiring after the first two an portation company any free pass, gift, or comentire ratio for each additional representative. muted service not offered to the public.

The ratio for a Senator shall be ascertained by dividing the population of the State by the num

SEPARATE PROPOSITIONS. ber thirty-seven. The districts formed shall be of contiguous territory and bounded by county

Minority Representation. lines. Until the next decennial apportionment,

"In every election for judges of the Supreme the county of Hamilton shall be entitled to four and Circuit Courts, where three or more are to and the county of Cuyahoga to two Senators; be chosen of the same court and for the same and the other districts to one Senator each, and term of service, no elector shall vote for a greater such additional Senators for fractional ratios as number of candidates than a majority of the are provided for in this article. When a county shall have a fraction above the judges of such court and term then to be chosen."

If this proposition be adopted it shall take the ratio so large that, multiplied by five, the result place of section 3 of article IV of this constituwill be equal to one or more ratios, additional tion, and section 20 of said article sball thererepresentatives shall be apportioned for such ra


read as follows: tios in the following manner: If there be only

"SEC. 20. In case the office of any judge shall one ratio, a representative shall be allotted to become vacant before the expiration of the reg. the fifth General Assembly of the decennial pe- ular term for which he was elected, the vacancy riod; if two ratios, a representative shall be shall be filled by appointment by the Governor allotted to the fourth and third General Assem- until a successor is elected and qualified; and blies; if three, to the third, second, and first such successor shall be elected for the unexpired General Assemblies; if four, to the fourth, third, term, at the first election for Governor that ocsecond, and first General Assemblies, respectively. curs more that thirty days after the vacancy

The same rules shall be applied in apportion shall have happened. ing the fractions of senatorial districts as are applied to the fractions of representative dis

Railroad Aid. tricts, and any senatorial district which may “But the General Assembly may, by general have less than one senatorial ratio at any decen-laws, authorize any township, city, or incorpornial apportionment, shall then be attached to ated village to aid any railroad company in the the contiguous district having the least popula- construction of its road within this state, subject tion.

to the following restrictions, and such others as Any county, forming part of a senatorial dis- may be prescribed by law: No subscription, trict, having a population equal to a full sena- loan, or contribution for such purpose shall be torial ratio at any decennial apportionment, made, unless authorized at an election held in shall then be made a separate senatorial district, pursuance of law, by at least two-thirds of all if a full senatorial ratio be left in the district the electors of such township, city, or village, to from which it is taken.

be ascertained in such manner as may be preUntil the next decennial apportionment the scribed by law, and subject to the further conassignment of Representatives and Senators to ditions of section 4 of article XI when applicathe several General Assemblies of the decennial ble. Nor shall such aid be granted until the period shall be as provided in this article, and township, city, or village granting, the same no change shall be made in the principles of shall have adequate security that the road so representation herein adopted, or in the senato- aided will be completed. At such election no rial district, herein established, except as above person shall vote who shall not have resided in provided. All territory belonging to a county the township, city, or village for six months at the time of an apportionment shall, as to the prior thereto. No such election shall be held right of representation and suffrage, remain an until the part of the road upon which the ex. integral part thereof during the decennial period. penditure is to be made has been located and

* established, nor oftener than once a year, nor In voting for Representatives and Senators, shall aid be voted to more than one railroad at in counties and districts entitled to more than any election. The order for election shall spetwo, each elector may cast as many votes for cify all the conditions of such loan, subscription, one candidate as there are Representatives or or contribution, the consideration proposed to Senators to be elected, or he may distribute the be given therefor, the estimated cost of the prosame, or equal parts thereof, among the candi- posed work, the means secured for its compledates, as he may see fit, and the candidates high- tion, and the part of the work on which the proest in votes shall be declared elected.

posed subscription, loan, or contribution is to be



* with

expended. Provision may be made by law for tween sessions, a special session to be held on the issue of stock or bonds for the amount of notice by Governor of sixty days. any such subscription or loan; but no township, The members of the General Assembly shall recity, or village shall be liable for the debts of ceive such salary and mileage for regular and spethe company. The obligations of a township, cial sessions as shall be fixed by law, and no other city, or village incurred for such purpose shall compensation whatever, whether for service upon not bear a greater interest than seven per cen- committee or otherwise. No member of either tum per annum, nor shall the aggregate thereof House shall, during the term for which he may at any time exceed five per centum of the taxa- have been elected, receive any increase of salary ble value of the property of such township, city, or mileage under any law passed during such term. or village as ascertained by the latest tax du- Each House shall have

power, plicate. The aggregate of taxes levied by a the concurrence of two thirds, to expel a memtownship, city, or village to pay such obligations ber, but not a second time for the same cause, and interest shall in no year exceed one per and shall have all other powers necessary for the centum o such value."

Legislature of a free State. A member expelled If this proposition be adopted it shall be ad- for corruption shall not thereafter be eligible to ded to and become part of section 6 of article either House, and punishment for contempt or VIII of the constitution.

disorderly behavior shall not bar an indietment Liquor Traffic.

for the same offense. For License. -"License to traffic in spirituous,

The State shall be divided into fifty senatorial vinous, or malt liquors, under such regulations

districts of compact and contiguous territory, as and limitations as shall be prescribed by law, nearly equal :: population as may be, and each may be granted, but this section shall not pre- Each county containing one or more ratios of

district shall be entitled to elect one Senator. to restrict such traffic, and to compensate inju- population shall be entitled to one Senator for ries resulting therefrom.”

each ratio, and to an additional Senator for a Against License.—"No license or traffic in surplus of population exceeding three-fifths of a intoxicating liquors shall be granted; but the trict unless it shall contain four fifths of a ratio,

ratio; but no county shall form a separate disGeneral Assembly may by law restrain or pro: except where the adjoining counties are each enhibit such traffic, or provide against evils result, titled to one or more Senators, when such county ing therefrom." " for license" or "against license," be adopteå, shall be divided unless entitled to two or more

If either of these alternative propositions, may be assigned a Senator on less than four fifths it shall become section 11 of article XVI of this Senators. No city or county shall be entitled to constitution.

separate representation exceeding one sixth of the Pennsylvania.

whole number of Senators. No ward, borongh,

or township shall be divided in the formation of Owing to its length, only such portions of the a district. The senatorial ratio shall be ascernew constitution of Pennsylvania as are especial- tained by dividing the whole population of the ly noteworthy and of general interest are given. State by the number fifty. PREAMBLE.

The members of the House of Representatives We, the people of the Commonwealth of Penn- shall be apportioned among the several counties, sylvania, grateful to Almighty God for the bless-on a ratio obtained by dividing the population ings of civil and religious liberty, and humbly of the State, as ascertained by the most recent invoking his guidance, do ordain and establish United States census, by two hundred. Every this constitution.

county containing less tlian five ratios shall have The declaration of rights is substantially the one Representative for every full ratio, and an same as the declaration in the old constitution, additional Representative when the surplus exwith these additions:

ceeds half a ratio; but each county shall have No power, civil or military, shall at any time at least one Representative. Every county coninterfere to prevent the free exercise of the right taining five ratios or more shall have one Řepreof suffrage.

sentative for every full ratio. Every city conNo conviction shall be had in any prosecution taining a population equal to a ratio shall elect for the publication of papers relating to the separately its proportion of the Representatives official conduct of officers or men in public ca- allotted to the county in which it is located. pacity, or to any other matter proper for public Every city entitled to more than four Representainvestigation or information, where the fact that tives, and every county having over one hundred such publication was not maliciously or negli- thousand inhabitants shall be divided into disgently made shall be established to the satisfac-tricts of compact and contiguous territory, each tion of the jury.

district to elect its proportion of Representatives No law making irrevocable any grant of spe according to its population; but no district shall cial privileges or immunities shall be passed. elect more than four Representatives. ARTICLE II.

Prescribes that there shall be a new apportion

ment of the senatorial and representative districts The Legislature.

after each decennial census. The General Assembly to meet every second

ARTICLE III. gear, and when convened by the Governor, but no adjourned annual session after 1878. In case

Legislation. of vacancy in office of United States Senator be- No law shall be passed except by bill, and no bill shall be so altered or amended on its passage sales of real estate; regulating the fees or exthrough either House as to change its original tending the powers and duties of aldermen, juspurpose.

tices of the peace, magistrates or constables ; No bill shall be considered unless referred to regulating the management of public schools, a committee, returned therefrom, and printed the building or repairing of school-houses, and for the use of the members.

the raising of money for such purposes ; fixing No bill, except general appropriation bills, the rate of interest; affecting the estates of mishall be passed, containing more than one sub- nors or persons under disability, except after ject, which shall be clearly expressed in its title. due notice to all persons in interest, to be recited

Every bill shall be read at length on three in the special enactment; remitting fines, pendifferent days in each House ; all amendments alties, and forfeitures, or refunding moneys lemade thereto shall be printed for the use of the gally paid into the Treasury; exempting propmembers before the final vote is taken on the erty from taxation; regulating labor, trade, bill; and no bill shall become a law unless on mining, or manufacturing; creating corporaits final passage the vote be taken by yeas and tions, or amending, renewing, or extending the pays, the names of the persons voting for and charters thereof; granting to any corporation, against the same be entered on the journal, and association, or individual any special or exclua majority of the members elected to each House sive privilege or immunity, or to any corporabe recorded thereon as voting in its favor. tion, association, or individual the right to lay

No amendment to bills by one House shall be down a railroad track. Nor shall the General concurred in by the other, except by a vote of a Assembly indirectly enact such special or local majority of the members elected thereto taken law by the partial repeal of a general law, but by yeas and nays, and the names of those voting laws repealing local or special acts may be for and against recorded upon the journal there- passed. "Nor shall any law be passed granting of; and reports of committees of conference shall powers or privileges in any case where the grantbe adopted in either House only by the vote of ing of such powers and privileges shall have a majority of the members elected thereto, taken been provided for by general law, nor where the by yeas and nays, and the names of those voting courts have jurisdiction to grant the same or give recorded upon the journal.

the relief asked for. No law shall be revived, amended, or the pro- No local or special bill shall be passed unless visions thereof extended or conferred by refer- notice of the intention to apply therefor shall ence to its title only, but so much thereof as is have been published in the locality where the

evived, amended, extended, or conferred, shall matter or the thing to be affected may be sitube re-enacted and published at length.

ated, which notice shall be at least thirty days The General Assembly shall not pass any local prior to the introduction into the General Assemor special law

bly of such bill, and in the manner to be proAuthorizing the creation, extension, or impair- vided by law; the evidence of such notice having of liens; regulating the affairs of counties, ing been published, shall be exhibited in the cities, townships, wards, boroughs, or school dis- General Assembly before such act shall be passed. tricts; changing the names of persons or places ; The presiding officer of each House shall, in changing the venue in civil or criminal cases; the presence of the House over which he preauthorizing the laying out, opening, altering, or șides, sign all bills and joint resolutions passed maintaining roads, highways, streets

, or alleys; by the General Assembly, after their titles have relating to ferries or bridges, or incorporating been publicly read immediately before signing, ferry or bridge companies, except for the erec- and the fact of signing shall be entered on the tion of bridges crossing streams which form journal. boundaries between this and any other State; The General Assembly shall prescribe by law vacating roads, town plats, streets, or alleys; re- the number, duties, and compensation of the lating to cemeteries, graveyards, or public grounds officers and employees of each House, and no pot of the State ; authorizing the adoption or payment shall be made from the State treasury, legitimation of children; locating or changing or be in any way authorized to any person, excounty seats, erecting new counties, or changing cept to an acting officer or employee elected or county lines; incorporating cities, towns, or vil- appointed in pursuance of law. lages, or changing their charters; for the open- No bill shall be passed giving any extra coming and conducting of elections, or fixing or pensation to any public officer, servant, emchanging the place of voting; granting divorces; ployee, agent, or contractor, after services shall erecting new townships or boroughs, chang: have been rendered or contract made, nor providing township lines, borough limits, or school ing for the payment of any claim against the districts; creating offices, or prescribing the Coinmonwealth, without previous authority of powers and duties of officers in counties, cities, law. boroughs, townships, election or school districts; All stationery, printing, paper, and fuel used changing the law of descent or succession; in the legislative and other departments of regulating the practice or jurisdiction of, or government shall be furnished, and the printchanging the rules of evidence in any judicial ing, binding, and distributing of the laws, jourproceeding or inquiry before courts, aldermen, nals, department reports, and all other printing justices of the peace, sheriffs, commissioners, and binding, and the repairing and furnishing arbitrators, auditors, masters in chancery, or the halls and rooms used for the meetings of the other tribunals, or providing or changing meth- General Assembly and its committees, shall be ods for the collection of debts, or the enforcing performed under contract, to be given to the of judgments, or prescribing the effect of judicial | lowest responsible bidder below such maximum


price, and under such regulations as shall be pre- remitted, postponed, or in any way diminished scribed by law; no member or officer of any by the General Assembly, nor shall such liabildepartment of the government shall be in any ity or obligation be released, except by payway interested in such contracts, and all such ment thereof into the State treasury. contracts shall be subject to the approval of the When the General Assembly shall be conGovernor, Auditor General, and State Treas- vened in special session, there shall be no legis

lation upon subjects other than those designated No law shall extend the term of any public in the proclamation of the Governor calling officer, or increase or diminish his salary or emol- such session. uments after his election or appointment.

No State office shall be continued or created The general appropriation bill shall embrace for the inspection or measuring of any merchannothing but appropriations for the ordinary ex; dise, manufacture, or commodity, but any county penses of the executive, legislative, and judicial or municipality may appoint such officers when departments of the Commonwealth, interest on authorized by law. the public debt, and for public schools; all other A member of the General Assembly who shall appropriations shall be made by separate bills, solicit, demand, or receive, or consent to receive, each embracing but one subject.

directly or indirectly, for himself or for another, No appropriation shall be made to any chari. from any company, corporation, or person, any table or educational institution not under the money, office, appointment, employment, testiabsolute control of the Commonwealth, other monial, reward, thing of value or enjoyment, or than normal schools established by law for the of personal advantage or promise thereof, for professional training of teachers for the public his vote or official influence, or for withholding schools of the State, except by a vote of two- the same, or with an understanding, expressed. thirds of all the members elected to each House. or implied, that his vote or official action shall

No appropriations except for pensions or gra- be in any way influenced thereby, or who shall tuities for military services shall be made for solicit or demand any such money or other adcharitable, educational, or benevolent purposes, vantage, matter, or thing aforesaid for another, to any person or community, nor to any denom- as the consideration of his vote or official influinational or sectarian institution, corporation, or ence, or for withholding the same, or shall give association.

or withhold his vote or influence in consideraThe General Assembly may make appropria- tion of the payment or promise of such money, tions of money to institutions wherein the advantage, matter, or thing to another, shall be widows of soldiers are supported or assisted, or held guilty of bribery within the meaning of the orphans of soldiers are maintained and edu- this constitution, and shall incur the disabilities cated; but such appropriation shall be applied provided thereby for said offense, and such ad. exclusively to the support of such widows and ditional punishment as is or shall be provided orphans.

The General Assembly shall not delegate to Any person who shall, directly or indirectly, any special commission, private corporation, or offer, or promise any money, or thing of value, association any power to make, supervise, or testimonial, privilege, or personal advantage, to interfere with any municipal improvement, any executive or judicial officer or member of money, property, or effects, whether held in the General Assembly, to influence him in the trust or otherwise, or to levy taxes or perform performance of any of his public or official duties, any municipal function whatever.

shall be guilty of bribery, and be punished in No act of the General Assembly shall limit such manner as shall be provided by law. the amount to be recovered for injuries result- The offense of corrupt solicitation of members ing in death, or for injuries to persons or prop- of the General Assembly or of public officers of erty, and in case of death from such injuries, the State, or of any municipal division thereof, the right of action shall survive, and the Gene- and any occupation or practice of solicitation of ral Assembly shall prescribe for whose benefit such members or officers, to influence their offisuch actions shall be prosecuted; no act shall cial action, shall be defined by law, and shall be prescribe any limitations of time within which punished by fine and imprisonment. suits may be brought against corporations for Any person may be compelled to testify in injuries to persons or property, or for other any lawful investigation or judicial proceeding, causes different from those fixed by general laws against any person who may be charged with regulating actions against natural persons, and having committed the offense of bribery or corsuch acts now existing are avoided.

rupt solicitation, or practices of solicitation, and No act of the General Assembly shall author. shall not be permitted to withhold his testimony ize the investment of trust funds by executors, upon the ground that it may criminate himself or administrators, guardians, or other trustees, in subject him to public infamy; but such testimony the bonds or stock of any private corporation, shall not afterwards be used against him in any and euch acts now existing are avoided, saving judicial proceeding, except for perjury in giving investments heretofore made.

such testimony, and any person convicted of The power to change the venue in civil and either of the offenses aforesaid shall, as part of criminal cases shall be vested in the courts, to the punishment therefor, be disqualified from be exercised in such manner as shall be provided holding any office or position of honor, trust, or by law.

profit in this Commonwealth. No obligation or liability of any railroad or A member who has a personal or private inother corporation, held or owned by the Com- terest in any measure or bill proposed or pendmonwealth, shall ever be exchanged, transferred,'ing before the General Assembly shall disclose

by law.



the fact to the House of which he is a member, tribute, either directly or indirectly, any money and shall not vote thereon.

or other valuable thing to procure my nomina

tion or election, (or appointment,) except for ARTICLE IV.


and proper expenses expressly authorThe Executive.

ized by law; that I have not knowingly violated The Governor shall hold his office during four any election law of this Commonwealth, or proyears, and shall not be eligible to the office for cured it to be done by others in my behalf; that the next succeeding term.

I will not knowingly receive, directly or indiLieutenant Governor, subject to the same pro- rectly, any money or other valuable thing for visions as the Governor.

the performance or non-performance of any act No person eligible for Governor or Lieutenant or duty pertaining to my office other than the Governor, unless a citizen, over thirty years, and compensation allowed by law.” seven years next preceding his election an in

* Any person refusing to take said habitant of State.

oath or affirmation shall forfeit his office, and No pardon shall be granted, nor sentence any person who shall be convicted of having commuted, except upon the recommendation, sworn or affirmed falsely, or of having violated in writing, of the Lieutenant Governor, Secre- said oath or affirmation, shall be guilty of perjury, tary of the Commonwealth, Attorney General, and be forever disqualified from holding any office and Secretary of Internal Affairs, or any three of trust or profit within this Commonwealth. of them, after full hearing, upon due public

ARTICLE VIII. notice, and in open session. The Governor shall have power to disapprove

Suffrage and Elections. of any item or items of any bill making appro- Every male citizen twenty one years of age, priations of money, embracing distinct items, possessing the following qualifications, shall be and the part or parts of the bill approved sball entitled to vote at all elections: be the law, and the item or items of appropria- First, He shall have been a citizen of the tion disapproved shall be void, unless repassed United States at least one month; Second, He according to the rules and limitations prescribed shall have resided in the State one year (or if for the passage of other bills over the executive having, previously been a qualified elector veto.

or native-born citizen of the State, he shall SEC. 21. *

* No person elected to the have removed therefrom and returned, then six office of Auditor General or State Treasurer shall months) immediately preceding the election; be capable of holding the same office for two Third, He shall have resided in the election disconsecutive terms.

trict where he shall offer to vote at least two ARTICLE V.

months immediately preceding the election; The Judiciary.

Fourth, If twenty-two years of age or upwards

he shall have paid within two years a State or The Supreme Court shall consist of seven county tax, which shall have been assessed. at judges, who shall be elected by the qualified least two months, and paid at least one month electors of the State at large. They shall hold before the election. their offices for the term of twenty-one years, if All elections by the citizens shall be by ballot. they so long behave themselves well, but shall Every ballot voted shall be numbered in the ornot be again eligible. The judge whose com- der in which it shall be received, and the number mission shall first expire shall be chief justice, recorded by the election officers on the list of and thereafter each judge whose commission voters, opposite the name of the elector who preshall first expire shall in turn be chief justice. sents the ballot. Any elector may write bi

All judges required to be learned in the law, name upon his ticket, or cause the same to be except the judges of the Supreme Court, shall be written thereon and attested by a citizen of the elected by the qualified electors of the respective district. The election officers shall be sworn districts, and shall hold their offices for the period or affirmed not to disclose how any elector shall of ten years.

bave voted unless required to do so as witnesses Whenever two judges of the Supreme Court in a judicial proceeding. are to be chosen for the same term of service, Whenever any of the qualified electors of this each voter shall vote for one only, and when Commonwealth shall be in actual military serthree are to be chosen, he shall vote for no more vice, under a requisition from the President of the than two; candidates highest in vote shall be United States, or by the authority of this Comdeclared elected.

monwealth, such electors may exercise the right ARTICLE VII.

of suffrage in all elections by the citizens, under Oath of Office.

such regulations as are or shall be prescribed by

law, as fully as if they were present at their Senators and Representatives, and all judicial, usual places of the election. State, and county officers shall, before entering All laws regulating the holding of elections on the duties of their respective offices, take and by the citizens or for the registration of electors subscribe the following oath or affirmation: shall be uniform throughout the State, but no

"I do solemnly swear (or affirm) that I will elector shall be deprived of the privilege of votsupport, obey, and defend the Constitution of ing by reason of his name not being registered, the United States and the constitution of this Any person who shall give or promise, or offer Commonwealth, and that I will discharge the to give to an elector any money, reward, or duties of my office with fidelity; that I have not other valuable consideration for his vote at an paid or contributed, or promised to pay or con-election, or for withholding the same, or who

« AnteriorContinuar »