To the Assembly Vetoing "A Further Supplement to the Act to Incorporate the Philadelphia and Delaware River Railroad, Approved April 4, 1854."

Executive Chamber, Harrisburg, March 23, 1871.

Gentlemen:

H

EREWITH IS RETURNED, WITHOUT EXECutive approval, Senate bill, No. 248, entitled "A further supplement to the act to incorporate the Philadelphia and Delaware River Railroad, approved April 4, 1854.”

The object of the proposed act is to relieve the Philadelphia and Delaware River railroad from certain taxes imposed by its original charter. It accepted the grant subject to this condition.

A number of other companies, transacting business in Philadelphia, have received valuable franchises upon like stipulations. In the year 1865, they contended that they were not liable to taxation as declared by their charters. Suits were brought, and the decisions therein are reported in Railway company vs. the city, 13 Wright 251, and Id. vs. Id., 1 P. F. Smith, 465.

The points of objection presented were:

First. That the dividend should be taxed according to the capital named in the charter, and that if the dividend did not exceed six per cent. upon the charter capital, it should not be taxed.

Second. That if a tax were to be paid, it was to be levied upon the excess above six per cent, and not upon the entire dividend.

The points were decided by the Supreme Court in favor of the city.

The effect of the proposed act will be a legislative repeal of these decisions, so far as this particular company is concerned. If the tax is abrogated as to one corporation, all companies, similarly situated, will

doubtless claim a like favor. This will lead to the diminution of a large portion of the revenue of the city. Such legislation is highly objectionable.

First. Because corporations receiving valuable privileges should accept their just share of public burdens.

Second. Because the rights of way over public highways, granted to this and kindred corporations, pay large profits to the shareholders.

Third. Because legislative interference with judicial decisions is always to be condemned.

Fourth. Because all class legislation, and especially the exemption of rich and powerful corporations, is to be condemned as affecting the confidence of the public in the Legislature.

For these reasons, I respectfully recommend a reconsideration of the proposed statute.

JNO. W. GEARY.

To the Assembly Transmitting an Act of the Legislature of New Jersey Concerning Fisheries in the Delaware River.

Gentlemen:

BY

Executive Chamber, Harrisburg, March 23, 1871.

Y REQUEST OF HIS EXCELLENCY, THEOdore F. Randolph, Governor of the State of New Jersey, I have the honor to transmit herewith, for information, an exemplified copy of an act of the Legislature of that State, entitled "A further supplement to an act, entitled 'An Act to regulate the fisheries in the river Delaware, and for other purposes,' passed November twenty-sixth, one thousand eight hundred and eight."

It will be observed the general object of the act is the preservation of shad in the river Delaware, and the law proposed is not to go into effect until concurrent legislation shall be had by the State of Pennsylvania. The Delaware river being the boundary line between the two States, and heartily approving the objects proposed, I earnestly recommend the prompt enactment of the proposed concurrent legislation. JNO. W. GEARY.

To the Assembly Vetoing "An Act to Extend the Time of Henry Werntz, a Justice of the Peace in the Borough of Pine Grove, Schuylkill County."

Executive Chamber, Harrisburg, April 6, 1871.

Gentlemen:

H

EREWITH IS RETURNED, WITH OBJECtions, Senate bill, No. 922, entitled "An Act to extend the time of Henry Werntz, a justice. of the peace in the borough of Pine Grove, Schuylkill county."

This title clearly indicates the object of the act; and the bill proposes to extend the term of the justice named for about one year after the expiration of his commission in March last.

The seventh section of the sixth article of the Constitution declares that justices of the peace shall be elected by the qualified voters of the several districts, and commissioned by the Governor for a term of five years. Since the adoption of the present Constitution it has never been supposed that justices or aldermen could be appointed by the Governor or created by the Legislature, or chosen in any other mode than

by the qualified electors of the respective districts, as the Constitution prescribes. If the Legislature has the right to extend the term of a justice for one year, on the same principle, they can extend it for two or five years, and the constitutional requirement be thus wholly disregarded. In my judgment the Legislature has no such power over elective officers, whose official terms are fixed by the Constitution; and I therefore return the bill without approval.

JNO. W. GEARY.

To the Assembly Concerning the Recent Strike of Miners in the Anthracite Coal Region.

Gentlemen:

SIN

Executive Chamber,

Harrisburg, April 11, 1871.

INCE YOUR ADJOURNMENT, ON FRIDAY last, the troubles in the anthracite coal regions of the State culminated in a riotous disturbance of the public peace, and a lawless destruction of life. and property, at the city of Scranton and vicinity. Appealed to by the local authorities, who represented themselves as powerless to suppress the mob and preserve the peace, I ordered Major General E. S. Osborne, commanding the military in that district, to proceed forthwith to the scene of the disturbances, with sufficient force for the immediate suppression of all riotous assemblages, and the protection of the lives and property of the citizens; and I also issued a proclamation explanatory of the nature of the difficulties, and declaratory of my determination to enforce the laws, a copy of which proclamation is herewith enclosed for information. The order to the military was

promptly and efficiently executed; and the commanding general was enabled the next day to report the restoration of order; and the hope is entertained that there will be no renewal of the riotous disturbances. JNO. W. GEARY.

A PROCLAMATION.

Pennsylvania, ss:

wealth.

N THE NAME AND BY the authority of the Commonwealth of Pennsylvania, I, JOHN W. GEARY, Governor of the said Common

Whereas, The recent suspension of work by the miners in the anthracite coal region of the State, and the consequent imposition by the transportation companies of prohibitory rates, have entailed great and manifest evils upon the miners, operators, consum

ers, manufacturers and others:

And whereas, All efforts of the Executive and other friends of law and social order have failed to harmonize the conflicting interests, and bring about an amicable adjustment of the existing difficulties:

And whereas, The recent investigation before a committee of the Senate has failed to provide any remedy for existing evils, or to accomplish anything toward the desired adjustment, or to give promise of relief to a suffering people:

And whereas, As usual, in such cases, the unnatural, aggravated and unlawful conflict between labor and capital, has resulted, as I am advised, in breaches of the peace and the destruction of life and property, at the city of Scranton and other places in the mining regions of that vicinity, and, assuming the shape of mob violence on the part of the miners and others, fur3-Vol. IX-4th Ser.