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96. Partial disapproval of appropriation bills. 97. Trial of contested elections of governor or lieutenant-governor.
98. Secretary of the commonwealth. To keep a record of all official acts and proceedings of the governor.
99. Secretary of internal affairs. Perform the duties of the surveyor-general. Scope of the department. Annual report to the general assembly.
100. Superintendent of public instruction. Perform the duties of the superintendent of common schools.
101. Terms of office of the secretary of internal affairs, auditor-general and state treasurer. To be chosen by the people. Auditor-general or state treasurer not eligible to re-election.
102. State seal. All commissions to be sealed and signed by the governor.
ARTICLE V. OF THE JUDICIARY.
103. Judicial power of the commonwealth vested. 104. Supreme court to consist of seven judges. Term of office. Chief Justice.
121. Residence of judges.
122. Chancery powers of the common pleas. 123. No other than judicial duties to be im on the judges. Not to exercise any power of app ment. Nisi prius abolished.
124. When separate orphans' courts shall be e lished. Register of wills to be clerk. accounts. Registers' courts abolished.
125. Style of process. Indictments. 126. Right of appeal in criminal cases. 127. Vacancies in judicial office.
128. Laws relating to courts to be general and form.
129. Trial by jury may be waived in civil case ARTICLE VI. OF IMPEACHMENT AND MOVAL FROM OFFICE.
130. House of representatives to have the power of impeachment.
131. Trial of impeachments.
132. Liability to impeachment. Judgment. 133. Removals for cause.
ARTICLE VII. OF THE OATH OF OFFIC 134. Form of official oath. 135. How administered.
ARTICLE VIII. OF SUFFRAGE AND ELECT 136. Qualifications of electors. 137. General election.
138. Municipal elections.
139. All elections to be by ballot. Ballots t ticket. Officers to be sworn not to disclose ho numbered. Elector may write his name upon
140. Privilege of electors from arrest.
141. Elections by persons in the military servi 142. Election laws to be uniform.
143. Bribery of electors. Receiving bribes. 144. Penalty for violation of the election laws. 145. Witnesses in contested elections not to be mitted to withhold their testimony.
146. Election districts.
147. Elections by persons in a representative pacity to be viva voce.
148. How a person cannot gain or lose a reside 149. Election officers.
150. Persons not qualified to serve as an elec officer. Ineligibility of election officers.
155. Power to tax corporations not to be surrendered by contract or grant.
156. Limitation of state debt.
157. Laws authorizing public loans to specify the purpose; money to be so used.
158. State credit not to be pledged to an individual, company, corporation or association. Commonwealth not to become a stockholder of any corporation.
159. Municipalities not to become stockholders. 160. Limitation of municipal debts to seven per cent upon the assessed value of taxable property. Increase of indebtedness.
161. State not to assume municipal debts. Exceptions.
162. Tax for payment of municipal debts by municipalities.
163. State sinking fund. 164. Surplus funds.
Vestment of sinking fund
165. Reserved funds to be limited. Monthly state
166. Penalty for using public money for any purpose not authorized by law.
196. Telegraphs. Consolidation of companies prohibited.
stock companies. 197. The term "corporations" to include joint
ARTICLE XVII. OF RAILROADS AND CANALS. Intersections, connections and crossings. 198. Railroads and canals to be public highways.
books. 199. Office for transfer of stock. Inspection of
200. Discriminating charges forbidden.
201. Consolidations with parallel or competing lines forbidden. Officers.
202. Common carriers not to engage in mining or manufacturing articles for transportation over their works. Business and holding of lands limited. Mining or manufacturing companies may carry their products over their own railroads or canals.
203. Officers not to be interested in contracts. 204. Discrimination in charges or facilities. 205. Free passes forbidden.
206. Street railways not to be constructed without the consent of local authorities.
207. Future legislation to be subject to the condition of acceptance of all the provisions of this article. 208. Powers and duties of auditor general in regard to transportation companies transferred to the secretary of internal affairs. Special reports.
209. Enforcement of this article.
ARTICLE XVIII. OF FUTURE AMENDMENTS. 210. How this constitution may be amended.
212. When constitution to take effect.
213. Former laws and rights to remain in force.
217. Election of lieutenant-governor in 1874. 218. Election of secretary of internal affairs. 219. Superintendent of public instruction. 220. Present officers to be eligible for re-election. 221. Terms of judges of the supreme court. 222. Courts of record to continue. Criminal court ished. in Schuylkill, Lebanon and Dauphin counties abol
223. Registers, courts abolished.
224. Judicial districts to be designated. Judges in commission.
225. Change of judicial districts.
226. Judges in commission.
227. President judge of the common pleas. Lay judges.
228. Compensation of judges to be fixed.
229. Organization of common pleas in Philadelphia. 230. Organization of common pleas in Allegheny. 231. When new organization of common pleas to take effect.
232. Transfer of causes and dockets in Philadelphia. 233. Trial of pending causes in Allegheny county. 234. Prothonotary in Philadelphia. Clerk of oyer and terminer and quarter sessions.
236. Magistrates in Philadelphia.
expire. 237. Present officers to continue until term shall
238. Oath of office.
239. Expiration of terms of county commissioners and county auditors.
240. Compensation of present officers.
241. Officers to be sworn to support this constitution.
242. Laws to be passed to carry constitution into effect.
243. Validity of ordinance submitting constitution to the people.
Art. 1. Sect. 1. Rights of life, liberty, property, &c.
Art. 1. Sect. 2. Political power.
Art. 1. Sect. 3. Rights of conscience, &c.
Art. 1. Sect. 4. Religion.
Art. 1. Sect. 5. Elections.
Art. 1. Sect. 6. Trial by jury.
1. WE, the people of the Commonwealth of Pennsylvania, grateful to Almighty God for the blessings of civil and religious liberty, and humbly invoking His guidance, do ordain and establish this constitution. (a)
DECLARATION OF RIGHTS.
2. That the general, great and essential principles of liberty and free government may be recognized and unalterably established, WE DECLARE that
All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness. (b)
3. All power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety and happiness. For the advancement of these ends, they have, at all times, an inalienable and indefeasible right to alter, reform or abolish their government, in such manner as they may think proper.
4. All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; (c) no man can, of right, be compelled to attend, erect or support any place of worship, or to maintain any ministry, against his consent; no human authority can, in any case whatever, control or interfere with the rights of conscience; (d) and no preference shall ever be given, by law, to any religious establishments or modes of worship.
5. No person who acknowledges the being of a God, and a future state of rewards and punishments, shall on account of his religious sentiments, be disqualified to hold any office, or place of trust or profit, under this commonwealth. (e) 6. Elections shall be free and equal; and no power, civil or military, shall at any time, interfere to prevent the free exercise of the right of suffrage.
7. Trial by jury shall be as heretofore, (g) and the right thereof remain inviolate.(h)
(a) The object of the constitution is not to grant legislative power, but to confine and restrain it. Without the constitutional limitations, the power of the legislature to make laws would be absolute. People v. Draper, 15 N. Y. 549. People v. Flagg, 46 Ibid. 401. Monongahela Navigation Co. v. Coons, 6 W. & S. 117. The rule of interpretation for the state constitution differs totally from that which is applicable to the constitution of the United States. The latter instrument must have a strict construction; the former, a liberal one. Congress can pass no laws but those which the constitution authorizes, either expressly or by clear implication; whilst the assembly has jurisdiction of all subjects on which its legislation is not prohibited. Commonwealth v. Hartman, 17 P. S. 119. Sharpless v. Mayor of Philadelphia, 21 Ibid. 160. Weister v. Hade, 52 Ibid. 474.
66 244. County commissioners to include commissioners for the city of Philadelphia. 245. Attestation.
(b) See Sharpless v. Mayor of Philadelphia, 21 P. S. 147. The legislature has no power to divest an estate in remainder and vest it in the tenant for life. Wolford v. Morgenthal, 91 P.S.30. Shenley v. O'Hara, 27 P. L. J. 184. See Myers' Appeal, 16 W. N. C. 137; School District v. Seminary, 22 W. N. C. 65; Ritter v. Bausman, 2 Woodward 248. So much of the acts 28th March 1799, 3d April 1830, 6th April 1840, 5th May 1841 and 8th April 1867 as restricts the granting of peddlers' licenses to persons physically disabled is in conflict with this section. Brittain's Application, 5 C. C. 318; In re Peddlers' License, 22 W. N. C. 35. See Godcharles v. Wigeman, 113 P. S. 431. Fromberg's Petition, 4 C. C. 354. Groh v. Commonwealth, 6 C. C. 130. Commonwealth v. Irving, 1 Susq. Leg. Chron. 69.
(c) Christianity is a part of the common law of Pennsylvania; not Christianity founded on any particular religious tenets, but Christianity with liberty of conscience to all men. Updegraph v. Commonwealth, 11 S. & R. 394, 400. Brown v. Hummell, 6 P. S. 96. Specht v. Commonwealth, 8 Ibid. 327. Commonwealth v. Johnston, 11 L. I. 14. See 2 Story Const. § 1871. Harvey v. Boies, 1 P. & W. 13. Vidal v. Girard's Executors, 2 How. 199. Lindenmuller v.
People, 33 Barb. 548. Zeisweiss v. James, 63 P. S. 465. Every religious society, for its own internal order, and for the mode in which it fulfils its functions, is a law unto itself, provided it keep within the bounds of social order and morality. McGinnis v. Watson, 41 P. S. 14. Sutter v. First Reformed Dutch Church, 42 Ibid. 503. Roshi's Appeal, 69 Ibid. 462. Kerr's Appeal, 89 Ibid. 97. Twigg v. Sheehan, 101 Ibid. 363.
(d) Those who keep the seventh day as their Sabbath, may be punished for working on Sunday. Commonwealth v. Wolfe, 3 S. & R. 48. Specht v. Commonwealth, 8 P. S. 322. Omit v. Commonwealth, 21 Ibid. 426. And see Johnston v. Commonwealth, 22 Ibid. 114; s. c. 11 L. I. 14. Commonwealth v. Lesher, 17 S. & R. 160.
(e) The test of competency is, whether the party believe in the existence of a God, who will punish him, if he swear falsely. Cubbison v. McCreary, 2 W. & S. 262. Blair v. Seaver, 26 P. S. 274. Butts v. Swartwood, 2 Cow. 431.
(g) This does not interfere with the summary conviction of rogues and vagabonds. Byers v. Commonwealth, 42 P. S. 89. And see Rhines v. Clark, 51 Ibid. 96; Haines v. Levin, Ibid. 412. Kulp v. Wilkesbarre, 29 Pitts. L. J. 414. Morgan v. Commonwealth, 30 Ibid. 14. It is error, if it do not appear, by the record of the trial of an indictment, that the defendant was tried by twelve jurors, lawfully sworn. Doebler v. Commonwealth, 3 S. & R. 237. A waiver of this right, by the consent of the defendant, in a criminal case, is a nullity. Commonwealth v. Shaw, 1 Pitts. 492. Cancemi v. People, 18 N. Y. 129. The 37th section of the code of criminal procedure, giving the commonwealth four peremptory challenges, does not conflict with this provision. Warren v. Commonwealth, 37 P. S. 45. Hartzell v. Commonwealth, 40 Ibid. 462. The affidavit of defence law is not in conflict with this section. Lawrence v. Borm, 86 P. S. 225. A trial by jury is not a matter of right in proceedings by a purchaser at sheriff's sale to obtain possession. Wyncoop v. Cooch, 89 P. S. 450. Sum