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THE CONSTITUTION

OF THE

COMMONWEALTH OF PENNSYLVANIA.

1874.

liberty and property.

be suspended.

PREAMBLE.

32. Qualification of senators and representatives. 1. Preamble.

Residence.

33. Not to be appointed to other civil office under

the commonwealth. United States officials not to be ARTICLE I. DECLARATION OF RIGHTS.

members of either house. 2. All men born free. Rights of life, liberty and 34. Conviction of infamous crimes to disqualify. property.

35. Compensation of members. Not to be increased 3. All power inherent in the people.

during term. 4. Rights of conscience.

36. President pro tem of senate. Speaker of house. 5. Religion not to disqualify from office.

Election of officers. Each house to judge of the elec6. Elections to be free and equal.

tion and qualification of its members. 7. Trial by jury guaranteed.

37. Quorum. 8. Freedom of the press. Libels.

38. Each house to determine its own rules; to 9. Searches and seizures.

punish its own members; to enforce obedience to its 10. Accused to be heard by himself and counsel; to process; to protect its members against violence and demand cause of accusation; to meet witnesses face to bribery. Expulsion of members. General powers; face; compulsory process for witnesses ; speedy trial punishment not to bar indictment. by impartial jury; self-accusation. Rights of life,

39. Journals. Yeas and nays.

40. Sessions to be open. 11. Criminal information. Twice in jeopardy.

41. Adjournments. Private property. Property not to be taken for public 42. Privilege of members from arrest. Privilege use without authority of law and just compensation.

of debate. 12. Courts to be open. Suits against the state.

43. Senatorial districts. 13. Laws not to be suspended.

44. Representative districts. 14. Bail, fines and punishments.

45. State to be apportioned into districts. 15. Prisoners to be bailable. Habeas corpus not to

ARTICLE III. OF LEGISLATION 16. Commissions of oyer and terminer or jail de

46. All laws to be passed by bill. Amendments. 17. Insolvent debtors not to be imprisoned.

47. All bills to be referred and printed. 18. Er post facto laws and laws impairing the obli- 48. No bill to contain more than one subject, to be gation of contracts forbidden.

clearly expressed in its title. 19. Attainders of treason or felony by the legisla- 49. Three readings in each house required. Amend

ments to be printed. Yeas and nays to be called on 20. Effect of attainder limited. Suicides. Death final passage. Majority of the members elected to

livery forbidden.

ture forbidden.

each house necessary to pass a bill. 21. Right to assemble and petition.

50. Concurrence in amendments. Reports of con22. Right to bear arms.

ference committees. 23. Standing army forbidden in time of peace. 51. Revival and amendment of laws not to be made 24. Quartering of troops.

by reference to title only. 25. Titles forbidden. Tenure of office.

52. Special and local legislation limited. 26. Emigration not to be prohibited.

53. Partial repeal of general laws. 27. Everything in this article excepted out of the 54. Limitation to granting powers and privileges. general powers of government.

55. Notice of local and special bills.

56. All bills to be signed by each presiding officer ARTICLE II. OF THE LEGISLATURE.

in the presence of his house.

57. Officers of the general assembly. 28. Legislative power vested in the general as- 58. Extra compensation prohibited. sembly.

59. All supplies to be furnished by contract given 29. Biennial elections. Vacancies.

to the lowest responsible bidder. Officers not to be 30. Terms of office.

interested in contracts. Approval of contracts. 31. Meetings of the general assembly. Vacancy 60. Terms of officers not to be extended, and salaries in the office of United States senator.

not to be increased or diminished.

by casualty.

ernor.

61. Revenue bills to originate in the house of repre- 105. Jurisdiction of the supreme court; judges to sentatives.

be justices of oyer and terminer and general jail de62. General appropriation bill. Other appropria- livery; original jurisdiction in injunction cases where tions.

a corporation is defendant. Of habeas corpus and of 63. No money to be paid out except upon appropri- mandamus to courts of inferior jurisdiction, and quo ation and on warrant.

warranto as to officers of the commonwealth whose 64. Appropriations to charities to require a two- jurisdiction extend over the state. Appellate juristhirds vote.

diction. 65. Limitations as to charitable appropriations. 106. Courts of common pleas to continue as estab

66. Appropriations for the widows and orphans of lished; no more than four counties to be included in soldiers.

one judicial district. 67. Special commissions prohibited.

107. Separate judicial districts. Lay judges abol68. Damages for injuries resulting in death, or for ished. injuries to persons or property, not to be limited. 108. Common pleas in Philadelphia and Allegheny Right of action to survive. Limitations in actions counties. against corporations.

109. Prothonotary of Philadelphia county. Sala69. Investment of trust funds not to be authorized ries. Fees. Dockets. in the bonds or stock of any private corporation.

110. Judges to be assigned to hold criminal courts. 70. Change of venue.

111. Judges of the cominon pleas to be judges of 71. Public obligations of corporations not to be re- oyer and terminer quarter sessions, and general jail leased except upon payment.

delivery, and of the orphans' court. To be justices of 72. Special sessions of the legislature.

the peace. 73. All concurrent orders and resolutions to be 112. Certiorari to justices of the peace. presented to and approved by the governor. Passage 113. Election of justices of the peace. Term of over veto.

office. Number. Residence. 74. Inspectors of merchandise not to be appointed 114. Magistrate courts in Philadelphia. by the state.

115. All fees, fines and penalties to be paid into 75. State capitol.

the county treasury. 76. Receiving bribes punished.

116. Appeal in summary convictions and judg77. Offering, giving or promising bribes.

ments for a penalty. 78. Corrupt solicitation to be defined by law and 117. Election of judges other than judges of the punished.

supreme court. Term. Removals for cause. 79. Witnesses may be compelled to testify in bribery 118. Voting for judges of the supreme court. cases. Disqualification on conviction of bribery.

119. When lots shall be cast for priority of com80. Interested members not to vote.

mission.

120. Compensation of judges to be fixed by law and ARTICLE IV. OF THE EXECUTIVE. paid by the state. Not to receive other compensation.

Not to hold other office. 81. Of whom the executive department shall con

121. Residence of judges. sist.

122. Chancery powers of the common pleas. 82. Supreme executive power vested in the govElection. Returns. Tie vote.

123. No other than judicial duties to be imposed Contested

on the judges. Not to exercise any power of appointelections. 83. Term of office. Not eligible to re-election.

ment. Nisi prius abolished. 84. Lieutenant-governor. Election. President of lished. Register of wills to be clerk. Auditing of

124. When separate orphans' courts shall be estabthe senate. 85. Qualifications of governor and lieutenant-gov

accounts. Registers' courts abolished.

125. Style of process. Indictments. 86. United States officers not to be eligible.

126. Right of appeal in criminal cases. 87. Governor to be commander-in-chief of the army

127. Vacancies in judicial office. and navy.

128. Laws relating to courts to be general and uni

form. 88. Appointing power. Vacancies. Confirmation of appointments.

129. Trial by jury may be waived in civil cases. 89. Pardoning power. Pardon board.

ARTICLE VI. OF IMPEACHMENT AND RE90. Governor may require information in writing from other executive officers.

MOVAL FROM OFFICE. 91. Messages to the legislature.

130. House of representatives to have the sole 92. May call special sessions of the legislature.

power of impeachment. May adjourn. May call special session of the senate. 131. Trial of impeachments. 93. When lieutenant-governor shall act as gov- 132. Liability to impeachment. Judgment.

133. Removals for cause. 94. Vacancy in the office of lieutenant-governor. President pro tem of the senate.

ARTICLE VII. OF THE OATH OF OFFICE. 95. Approval of bill. Veto power. Bills not returned within ten days of presentation to the gov- 134. Form of official oath.

135. How administered. 96. Partial disapproval of appropriation bills.

97. Trial of contested elections of governor or ARTICLE VIII. OF SUFFRAGE AND ELECTION. lieutenant-governor.

136. Qualifications of electors. 98. Secretary of the commonwealth. To keep

137. General election. a record of all official acts and proceedings of the

138. Municipal elections. governor. 99. Secretary of internal affairs. Perform the

139. All elections to be by ballot. Ballots to be duties of the surveyor-general. Scope of the depart- ticket. Officers to be sworn not to disclose how an

numbered. Elector may write his name upon his ment. Annual report to the general assembly. 100. Superintendent of public instruction.

elector voted.

Perform the duties of the superintendent of common

140. Privilege of electors from arrest. schools.

141. Elections by persons in the military service.

142. Election laws to be uniform. 101. Terms of office of the secretary of internal affairs, auditor-general and state treasurer. To be

143. Bribery of electors. Receiving bribes. chosen by the people. Auditor-general or state treas

144. Penalty for violation of the election laws.

145. Witnesses in contested elections not to be perurer not eligible to re-election. 102. State seal. All commissions to be sealed and mitted to withhold their testimony.

146. Election districts. signed by the governor.

147. Elections by persons in a representative caARTICLE V. OF THE JUDICIARY.

pacity to be viva voce.

148. How a person cannot gain or lose a residence. 103. Judicial power of the commonwealth vested. 149. Election officers.

104. Supreme court to consist of seven judges. 150. Persons not qualified to serve as an election Term of office. Chief Justice.

officer. Ineligibility of election officers.

ernor.

ernor.

error.

151. Overseers of elections.

190. Corporations not to engage in other business; 152. Trial of contested election.

limitation as to holding real estate.

191. Stocks and bonds not to be issued except for ARTICLE IX. OF TAXATION AND FINANCE. money, labor done, or money or property actually

received. Increase of stock of indebtedness. 153. All taxes to be uniform and to be levied and 192. Compensation for property taken, injured or collected under general laws. Exemption from taxa- destroyed in the exercise of eminent domain. Appeal tion,

guaranteed. Right to jury trial. 154. Laws exempting non-enumerated property 193. Bank notes to be registered and counterfrom taxation to be void.

signed. Security to be deposited therefor. 155. Power to tax corporations not to be surren- 194. Revocation of charters. Creation and renewal. dered by contract or grant.

195. Public notice of application for banking pow154. Limitation of state debt. Deficiencies.

ers. Limitation of such charter. 157. Laws authorizing public loans to specify the 196. Telegraphs. Consolidation of companies propurpose; money to be so used.

hibited. 135. State credit not to be pledged to an indi- 197. The term corporations” to include joint vidual, company, corporation or association. Com- stock companies. monwealth not to become a stockholder of any corporation.

ARTICLE XVII. OF RAILROADS AND CANALS. 159, Municipalities not to become stockholders. 160. Limitation of municipal debts to seven per

198. Railroads and canals to be public highways. cent upon the assessed value of taxable property. Intersections, connections and crossings. Increase of indebtedness.

199. Office for transfer of stock. Inspection of 161. State not to assume municipal debts. Excep- books. tions,

200. Discriminating charges forbidden. 162. Tax for payment of municipal debts by mu

201. Consolidations with parallel or competing nicipalities.

lines forbidden. Officers. 103. State sinking fund.

202. Common carriers not to engage in mining or 164. Surplus funds. Vestment of sinking fund manufacturing articles for transportation over their moneys.

works. Business and holding of lands limited. Min165. Reserved funds to be limited. Monthly state- ing or manufacturing companies may carry their ments.

products over their own railroads or canals. 166. Penalty for using public money for any pur

203. Officers not to be interested in contracts. pose not authorized by law.

204. Discrimination in charges or facilities.

205. Free passes forbidden. ARTICLE X. OF EDUCATION.

206. Street railways not to be constructed without

the consent of local authorities. 167. Public school system to be established.

207. Future legislation to be subject to the condi168. No appropriations to sectarian schools. tion of acceptance of all the provisions of this article. 169. Females to be eligible as school officers.

208. Powers and duties of auditor general in regard

to transportation companies transferred to the secreARTICLE XI. OF THE MILITIA.

tary of internal affairs. Special reports.

209. Enforcement of this article. 170. Militia to be organized.

ARTICLE XVIII. OF FUTURE AMENDMENTS. ARTICLE XII. OF PUBLIC OFFICERS.

210. How this constitution may be amended. 171. Officers to be appointed or elected. 172. United States officers not to be eligible to

SCHEDULE. state office.

211. Preamble. 173. Duelling to disqualify.

212. When constitution to take effect.
213. Former laws and rights to remain in force.

214. Election of senators in 1874 and 1875. ARTICLE XIII. OF NEW COUNTIES.

215. Election of senators in 1876. 174. Establishment of new counties.

216. First election of governor.
217. Election of lieutenant-governor in 1874.

218. Election of secretary of internal affairs. ARTICLE XIV. OF COUNTY OFFICERS.

219. Superintendent of public instruction. 175. County officers. Sheriff and treasurer ineligi

220. Present officers to be eligible for re-election. ble for re-election.

221. Terms of judges of the supreme court. 176. Election of county officers. Term of office.

222. Courts of record to continue. Criminal court 177. Appointed officers required to have been an in Schuylkill, Lebanon and Dauphin counties abolinhabitant of the county one year next before appoint- ished,

223. Registers, courts abolished. ment. 178. Office to be kept in the county town.

224. Judicial districts to be designated. Judges 179. All fees to be paid into the treasury.

In in commission. counties containing over one hundred and fifty thou- 225. Change of judicial districts. sand inhabitants, county officers to be paid by salary.

226. Judges in commission. Limitation of salary.

227. President judge of the common pleas. Lay 180). Accountability.

judges. 181. County commissioners and auditors.

228. Compensation of judges to be fixed.

229. Organization of common pleas in Philadelphia. ARTICLE XV. OF CITIES AND CITY CHARTERS.

230. Organization of common pleas in Allegheny.

231. When new organization of common pleas to 182. Chartering of cities.

take effect. 183. Public debts to be contracted only in pur

232. Transfer of causes and dockets in Philadelphia. suance of an appropriation.

233. Trial of pending causes in Allegheny county. 184. Sinking fund to be created.

234. Prothonotary in Philadelphia. Clerk of oyer

and terminer and quarter sessions. ARTICLE XVI. OF PRIVATE CORPORATIONS.

235, Aldermen.

236. Magistrates in Philadelphia. 185. Certain charters avoided.

237. Present officers to continue until term shall 186. Amendments and renewals of charters to be expire. subject to this constitution.

238. Oath of office. 187. Eminent domain. Franchises of corporations 239. Expiration of terms of county commissioners to be subject to. Exercise of police power.

and county auditors. 188. Cumulative voting in corporate elections.

240. Compensation of present officers. 189. Foreign corporations to have place of business 241. Officers to be sworn to support this constituand agent in the state.

tion.

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244. "

242. Laws to be passed to carry constitution into effect.

243. Validity of ordinance submitting constitution to the people.

County commissioners to include commis. sioners for the city of Philadelphia.

245. Attestation.

Preamble.

PREAMBLE. 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)

ARTICLE I.

DECLARATION OF RIGHTS.

Art. 1. Sect. 1.

ment may

Rights of life, liberty, property, &c.

Art. 1. Sect. 2.

Political power.

think proper.

Art. 1. Sect. 3.

2. That the general, great and essential principles of liberty and free govern

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.(6)

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

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,(9) and the right thereof remain inviolate.(h)

Rights of conscience, &c.

Art. 1. Sect. 4.

Religion.

Art. 1. Sect. 5.

Elections.

Art. 1. Sect. 6.

Trial by jury.

(a) The object of the constitution is not to grant People, 33 Barb. 548. Zeisweiss v. James, 63 P. S. legislative power, but to confine and restrain it. 465. Every religious society, for its own internal Without the constitutional limitations, the power of order, and for the mode in which it fulfils its functhe legislature to make laws would be absolute. Peo- tions, is a law unto itself, provided it keep within the ple v. Draper, 15 N. Y. 549. People v. Flagg, 46 Ibid. bounds of social order and morality. McGinnis v. 401. Monongahela Navigation Co. v. Coons, 6 W. & Watson, 41 P. S. 14. Sutter v. First Reformed Dutch S. 117. The rule of interpretation for the state con- Church, 42 Ibid. 503. Roshi's Appeal, 69 Ibid. 462. stitution differs totally from that which is applicable Kerr's Appeal, 89 Ibid. 97. Twigg v. Sheehan, 101 Ibid. to the constitution of the United States. The latter 363. instrument must have a strict construction; the for- (d) Those who keep the seventh day as their Sabmer, a liberal one. Congress can pass no laws but bath, may be punished for working on Sunday. those which the constitution authorizes, either ex- Commonwealth v. Wolfe, 3 S. & R. 48. Specht v. pressly or by clear implication ; whilst the assembly Commonwealth, 8 P. S. 322. Omit v. Commonwealth, has jurisdiction of all subjects on which its legislation 21 Ibid. 426. And see Johnston v. Commonwealth, is not prohibited. Commonwealth v. Hartman, 17 22 Ibid. 114; s. c. 11 L. I. 14. Commonwealth v. LeP. S. 119. Sharpless v. Mayor of Philadelphia, 21 Ibid. sher, 17 S. & R. 160. 160. Weister v. Hade, 52 Ibid. 474.

(e) The test of competency is, whether the party (6) See Sharpless v. Mayor of Philadelphia, 21 P. S. believe in the existence of a God, who will punish him, 147. The legislature has no power to divest an es- if he swear falsely. Cubbison v. McCreary, 2 W. & tate in remainder and vest it in the tenant for life. S. 262. Blair v. Seaver, 26 P. S. 274. Butts v. SucartWolford v. Morgenthal, 91 P.$.30. Shenley v. O'Hara, wood, 2 Cow. 431. 27 P. L. J. 184. See Myers' Appeal, 16 W. N. C. (9) This does not interfere with the summary 137; School District v. Seminary, 22 W. N. C. 65; conviction of rogues and vagabonds. Byers v. ComRitter v. Bausman, 2 Woodward 248. So much of monwealth, 42 P. S. 89. And see Rhines v. Clark, 51 the acts 28th March 1799, 3d April 1830, 6th April Ibid. 96; Haines v. Levin, Ibid. 412. Kulp v. Wilkes1810, 5th May 1811 and 8th April 1867 as restricts the barre, 29 Pitts. L. J. 414. Morgan v. Commonwealth, granting of peddlers' licenses to persons physically 30 Ibid. 14. It is error, if it do not appear, by the disabled is in conflict with this section. Brittain's record of the trial of an indictment, that the defendApplication, 5 C. C. 318; In re Peddlers' License, 22 W. ant was tried by twelve jurors, lawfully sworn. DoeN. C. 35. See Godcharles v. Wigeman, 113 P. S. 431. bler v. Commonwealth, 3 S. & R. 237. A waiver of Fromberg's Petition, 4 C. C. 354. Groh v. Common- this right, by the consent of the defendant, in a crimiwealth, 6 C. C. 130. Commonwealth v. Irving, 1 Susq. nal case, is a nullity. Commonwealth v. Shaw, 1 Leg. Chron. 69.

Pitts. 492. Cancemi v. People, 18 N. Y. 129. The (c) Christianity is a part of the common law of 37th section of the code of criminal procedure, giving Pennsylvania; not Christianity founded on any par- the commonwealth four peremptory challenges, does ticular religious tenets, but Christianity with liberty not conflict with this provision." Warren v. Commonof conscience to all men. Updegraph v. Common- wealth, 37 P. S. 45. Hartzell v. Commonwealth, 40 wealth, 11 S. & R. 394, 400. Brown v. Hummell, 6 Ibid. 462. The affidavit of defence law is not in conP.S. 96. Specht v. Commonwealth, 8 Ibid. 327. Com- flict with this section. Lawrence v. Borm, 86 P. S. monwealth v. Johnston, 11 L. I. 14. See 2 Story Const. 225. A trial by jury is not a matter of right in pro§ 1871. Harvey v. Boies, 1 P. & W. 13. Vidal v. Gi- ceedings by a purchaser at sheriff's sale to obtain rard's Executors, 2 How. 199. Lindenmuller v. possession. Wymcoop v. Cooch, 89 P. S. 450. Sum

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