Copyright
Benjamin Whitman.

Nelson's biographical dictionary and historical reference book of Erie County, Pennsylvania : containing a condensed history of Pennsylvania, of Erie County, and of the several cities, boroughs and townships in the county also portraits and biographies of the governor's since 1790, and of numerous r online

. (page 8 of 192)
Online LibraryBenjamin WhitmanNelson's biographical dictionary and historical reference book of Erie County, Pennsylvania : containing a condensed history of Pennsylvania, of Erie County, and of the several cities, boroughs and townships in the county also portraits and biographies of the governor's since 1790, and of numerous r → online text (page 8 of 192)
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elected, be appointed to any civil office under this
commonwealth, and no member of congress, or
other person holding any office (except of attor-
ney-at-law or in the militia), under the United
States, or this commonwealth, shall be a member
of either House during his continuance in office.

Sec. 7. No person liereafter convicted of em-
bezzlement of public moneys, bribery, perjury, or
other infamous crime, shall be eligible to the gen-
eral assembly, or capable of holding any office of
trust or profit in this commonwealth.

Sec. 8. The members of the general assembl)'
shall receive such salary and mileage for regular
and special sessions as shall be fixed by law, and
no other compensation whatever, whether for serv-
ice upon committee or otherwise. No member of
either House shall, during the term for which he
may have been elected, receive any increase of
salary or mileage, under any law passed during
such term.

Sec. 9. The Senate shall, at the beginning
and close of each regular session, and at such
other times as may be necessary, elect one of its
members president pro tempore, who shall perform
the duties of the Lieutenant Governor, in any case
of absence or disability of that officer, and when-
ever the said office of Lieutenant Governor shall
be vacant. The House of Representatives shall
elect one of its members as speaker. Each House
shall choose its other officers, and shall judge of
the election and qualifications of its members.

Sec. 10. A majority of each House shall con-



AND HISTORICAL REFERENCE BOOK OF ERIE COUNTY.



47



stitute a quorum, but a smaller number may ad-
journ from day to day, and compel the attendance
of absent members.

Sec. 11. Each House shall have power to de-
termine the rules of its proceedings, and punish its
members or other persons for contempt or disor-
derly behavior in its presence, to enforce obedience
to its proce.ss, to protect its members ag^ainst vio-
lence, or offers of bribesor private solicitation, and,
with the concurrence of two-thirds, to expel a
member, but not a second time for the same cause,
and shall have all other powers necessary for the
legi,slature of a free state. A member expelled
for corruption shall not thereafter be eligible to
either House, and punishment for contempt or dis-
orderly behavior shall not bar an indictment for
the same offense.

Sec. 12. Each House shall keep a journal of
its proceedings, and from time to time publish the
same, except such parts as require secrecy, and
the yeas and nays of the members on any question
shall, at the desire of any two of them, be entered
on the journal.

Sec. 13. The sessions of each House, and of
committees of the whole, shall be open, unless
when the business is such that it ought to be kept
secret.

Sec. 14. Neither House shall, without the
consent of the other, adjourn for more than three
days, nor to any other place than that in which
the two Houses shall be sitting.

Sec. IvS. The members of the general assembly
shall, in all cases, except treason, felony, violation
of their oath of office, and breach or surety of the
peace, be privileged from arrest during their at-
tendance at the sessions of their respective Houses,
and in going to and returning from the same; and
for any speech or debate in either House they shall
not be questioned in any other place.

Sec. 16. The State shall be divided into fifty
senatorial districts of compact and contiguous ter-
ritorj', as nearly equal in population as may be,
and each district shall be entitled to elect one
senator. Each county containing one or more
ratios of population shall be entitled to one senator
for each ratio, and to an additional senator for a
surplus of population exceeding three-fifths of a
ratio, but no county shall form a separate district
unless it shall contain four-fifths of a ratio, except
where the adjoining counties are each entitled to
one or more senators, when such county may be
assigned a senator on less than four-fifths and ex-
ceeding one-half of a ratio; and no county shall
be divided unless entitled to two or more senators.
No city or county shall be entitled to separate rep-
resentation exceeding one-sixth of the whole
number of senators. No ward, borough, or town-
ship shall be divided in the formation of a district.
The senatorial ratio shall be ascertained by divid-
ing the whole population of the State by the num-
ber fifty.

Sec. 17. The members of the House of Repre-
sentatives shall be apportioned among the several
counties, on a ratio obtained by dividing the popu-
lation of the State, as ascertained by the most re-
cent United States census, by two hundred. Every
county containing less than five ratios shall have



one representative for every full ratio, and an ad-
tional representative when the surplus exceeds
half a ratio; but each county shall have at least
one representative. Every county containing five
ratios or more shall have one representative for
every full ratio. Every city containing a popula-
tion equal to a ratio shall elect separately its pro-
portion of the representatives allotted to the
county in which it is located. Every city entitled
to more than four representatives, and every coun-
ty having over one hundred thousand inhabitants,
shall be divided into districts of compact and con-
tiguous territory, each district to elect its propor-
tion of representatives according to its population,
but no district shall elect more than four repre-
sentatives.

Sec. 18. The general assembly at its first
session after the adoption of this constitution, and
immediately after each United States decennial
census, shall apportion the State into senatorial
and representative districts, agreeably to the pro-
visions of the two next preceding sections.

ARTICLE III.

I,EGISI,ATION.

Sec. 1. No law shall be passed except by bill,
and no bill shall be so altered or amended, on its
passage through either House, as to change its
original purpose.

Sec. 2. No bill shall be considered unless re-
ferred to a committee, returned therefrom, and
printed for the use of the members.

Sec. 3. No bills, except general appropriation
bills, shall be passed containing more than one
subject, which shall be clearly expressed in the
title.

Sec. 4. Every bill shall be read at length on
three different days, in each House: all amend-
ments 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.

Sec. S. No amendments 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.

Sec. 6. 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.

Sec. 7. 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, town.ships, wards, bor-
oughs, or school districts; changing the names of



48



NELSON'S BIOORAPHICAL DICTIONARY



persons or places; chang-ing the venue in civil or
criminal cases; authorizing- the laj'ing out. open-
ing, altering or maiutaioing 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
States; vacating roads, town plats, streets or
alleys; relating to cemeteries, grave-yards, 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 districts; creat-
ing 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 spe-
cial enactment; remitting fines, penalties and for-
feitures, or refunding moneys legally paid into the
treasury; exempting property from taxation; regu-
lating 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 cor-
poration, association, or individual the right to
lay down a railroad track; 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; nor
shall any law be passed granting powers or privi-
leges 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.

Sec. 8. 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 situ-
ated, which notice shall be at least thirty days
prior to the introduction into the general assem-
bly 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 as-
sembly before such act shall be passed.



Sec. 9. 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.

Sec. 10. The general assembly shall prescribe
by law the number, duties and compensation
of the officers and employes of each House, and no
payment shall be made from the State treasury,
or be in any way authorized, to any person, except
to an acting officer or employe elected or appoint-
ed in pursuance of law.

Sec. 11. No bill shall be passed giving any
extra compeisation to any public officer, servant,
employe, agent or contractor, after services shall
have been rendered or contract made, nor pro-
viding for the payment of any claim against the
commonwealth without previous authority of law.

Sec. 12. All stationery, printing paper and
fuel used in the legislative and other departments
of government shall be furnished, and the print-
ing, binding and distributing of the laws, jour-
nals, department reports, and all other printing
and binding, and the repairing and furnishing the
halls and rooms used for the meetings of the gen-
eral assembly and its committees, shall be per-
formed 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.

Sec. 13. No law shall extend the term of any
public officer, or increase or diminish his salary
or emoluments, after his election or appointment.

Sec. 14. All bills for raising revenue shall
originate in the House of Representatives, but the
Senate may propose amendments as in other bills.

Sec. 15. The general appropriation bill shall
embrace nothing but appropriations for the ordi-
nary expenses of the executive, legislative and
judicial departments of the commonwealth, inter-
est on the public debt and for public schools; all
other appropriations shall be made by separate
bills, each embracing but one subject.

Sec. 16. 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.

Sec. 17. No appropriation shall be made to
any charitable or educational institution not un-
der the absolute control of the commonwealth,
other than normal schools established by law for
the professional training of teachers for the pub-
lic schools of the State, except by a vote of two-
thirds of all the members elect to each House.

Sec. 18. No appropriations, except for pen-
sions or gratuities for military services, shall be
made for charitable, educational or benevolent
purposes to any person or communi'y, nor to any
denominational or sectarian institution, corpora-
tion or association.

Sec. 19, The general assembly may make ap-




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JAMES POLLOC^. W' -"'■'f • NOPEW Q, CURTl/^1



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WILLIAM F PACKER.






JOMAI W. GEARY. JOMAI F. H ART R A/^FT.



AND HISTORICAL REFERENCE BOOK OF ERIE COUNTY.



49



propriations of money to institutions wherein the
widows of soldiers are supported or assisted, or
the orphans of soldiers are maintained and edu-
cated, but such appropriations shall be applied
exclusively to the support of such widows and
orphans.

Sec. 20. The general assembly shall not dele-
gate to any special commission, private corpora-
tion 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.

Sec. 21. No act of the general assembly shall
limit the amount to be recovered for injuries re-
sulting in death, or for persons or property; and
in case of death from injuries the right of action
shall survive, and the general assembly shall pre-
scribe for whose benefit such actions shall be
prosecuted. No 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 gen-
eral laws regulating actions against natural per-
sons, and such acts now existing are avoided.

Sec. 22. No act of the general assembly shall
authorize the investment of trust funds by execu-
tors, administrators, guardians or other trustees,
in the bonds or stock of any private corporation,
and such acts now existing are avoided, saving in-
vestments heretofore made.

Sec. 23. 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.

Sec. 24. No obligation or liability of any
railroad or other corporation, held or owned by the
commonwealth, shall ever be exchanged, trans-
ferred, remitted, postponed or in any way dimin-
ished by the general assembly, nor shall such
liability or obligation be released, except by pay-
ment thereof into the state treasury.

Sec. 25. When the general assembly shall be
convened in special session there shall be no legis-
lation upon subjects other than those designated
in the proclamation of the Governor calling such
session.

Sec. 26. 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 re-passed by two-thirds of
both Houses, according to the rules and limitations
prescribed in case of a bill.

Sec. 27. No State office shall be continued or
created for the inspection or measuring of any
merchandise, manufacture or commodity, but any
county or municipality may appoint such officers
when authorized by law.

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

Sec. 29. 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 per-
son, 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 con-
sideration of his vote or official influence, or for
withholding the same, or shall give or withhold
his vote or influence, in consideration of the pay-
ment of 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 offense, and such additional punishment
as is or shall be provided by law.

Sec. 30. Any person who shall, directly or in-
directly, offer, give or promise any money or thing
of value, testimonial, privilege or personal ad-
vantage, to any executive or judicial officer, or
member of the general assembly, to influence him
in the 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.

Sec. 31. The offense of corrupt solicitation of
members of the general assembly, or of public
officers of the State, or of any municipal division
thereof, and any occupation, or practice of solicita-
tion, of such members or officers, to influence
their official action, shall be defined by law, and
shall be punished by fine and imprisonment.

Sec. 32. Any person may be compelled to
testify in anj' lawful investigation, or judicial pro-
ceeding, against any person, who may be charged
with having committed the oft'ense of bribery or
corrupt solicitation, or practices of solicitation,
and shall not be permitted to withhold his testi-
mony upon the ground that it may criminate him-
self, 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 convict-
ed of either of the offenses aforesaid shall, as part
of the punishment therefor, be disqualified from
holding any office or position of honor, trust, or
profit in this commonwealth.

Sec. 33. A member who has a personal or
private interest in any measure or bill proposed
or pending before the general assembly, shall dis-
close the fact to the House of which he is a mem-
ber, and shall not vote thereon.

ARTICLE IV.



THE EXECUTIVE.

Sec. 1. The executive department of this
commonwealth shall consist of a Governor, Lieu-
tenant Governor, Secretary of the Commonwealth,
Attorney General, Auditor General, State Treas-
urer, Secretary of Internal Affairs, and a Super-
intendent of Public Instruction.

Sec. 2. The supreme executive power shall



NELSON'S BIOOBAPHICAL DICTIONARY



be vested ia 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 Gov-
ernment, 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 num-
ber 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 mem-
bers of 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.

Sec. 3. The Governor shall hold his office
during four years, from the third Tuesday of Jan-
uary next ensuing his election, and shall not be
eligible to office for the next succeeding term.

Sec. 4. 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 President of the Sen-
ate, but shall have no vote unless they be equally
divided.

Sec. 5. No person shall be eligible to the
office of Governor or Lieutenant Governor, except
a citizen of the United States, who shall have at-
tained the age of thirty years, and have been
seven years next preceding his election an inhab-
itant of the State, unless he shall have been
absent on the public business of the United States
or of this State.

Sec. 6. 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.

Sec. 7. The Governor shall be commander-
in-chief of the army and navy of the common-
wealth, and of the militia, except when they shall
be called into the actual service of the United
States.

Sec. 8. 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 Attorney General dur-
ing pleasure, a Superintendent of Public Instruc-
tion for four years, and such other officers of the
commonwealth as he is or may be authorized by
the constitution or by 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 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 an)' vacancy that may
happen, during the recess of the Senate, in the
office of Auditor General, State Treasurer, Secre-
tary of Internal Affairs, or Superintendent of
Public Instruction, in a judicial office, or in any



other elective office which he is ormay be authoriz-
ed 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 at the second succeeding general election.
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.

Sec. 9. He shall have power to remit fines
and forfeitures, to grant reprieves, commutations
of sentences and pardons, except in cases of im-
peachment; but no pardon shall be granted nor sent-
ence commuted, except upon the recommendation,
in writing, of the Lieutenant Governor, Secretary of



Online LibraryBenjamin WhitmanNelson's biographical dictionary and historical reference book of Erie County, Pennsylvania : containing a condensed history of Pennsylvania, of Erie County, and of the several cities, boroughs and townships in the county also portraits and biographies of the governor's since 1790, and of numerous r → online text (page 8 of 192)