Gambar halaman

Freedom of the press.

Searches and

8. The printing press shall be free(i) to every person who may undertake to Art. 1. Sect. 7. examine the proceedings of the legislature, or any branch of government, and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man; and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty. No conviction shall be had, in any prosecution for the publication of Libels. papers relating to the official conduct of officers, or men in public capacity, or to any other matter proper for public investigation or information,(k) where the fact that such publication was not maliciously or negligently made, shall be established to the satisfaction of the jury;(I) and in all indictments for libels, the jury shall have the right to determine the law and the facts, under the direction of the court as in other cases.

9. The people shall be secure in their persons, houses, papers and possessions, Art. 1. Sect. 8. from unreasonable searches and seizures; and no warrant to search any place, or to seize any person or things, shall issue without describing them as nearly as may seizures. be, nor without probable cause, supported by oath or affirmation, subscribed to by the affiant.(m)

10. In all criminal prosecutions, the accused hath a right to be heard by himself and his counsel, (n) to demand the nature and cause of the accusation against Rights of accused him.(o) to meet the witnesses face to face, (p) to have compulsory process for in criminal proseobtaining witnesses in his favor; and in prosecutions by indictment or informa- cutions. tion, a speedy public trial, by an impartial jury of the vicinage; he cannot be compelled to give evidence against himself,(9) nor can he be deprived of his life, liberty or property, unless by the judgment of his peers, or the law of the land.(r)

11. No person shall, for any indictable offence, be proceeded against criminally, by Art. 1. Sect. 10. information, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger; or, by leave of the court, tions. for oppression or misdemeanor in office (s) No person shall, for the same offence, Twice in jeopardy. be twice put in jeopardy of life or limb ;(() nor shall private property be taken or

Art. 1. Sect. 9.

Criminal informa

mary convictions for the breach of municipal ordi- cute it. Conner v. Commonwealth, 3 Binn. 38. But nances are not in violation of this section. Kulp v. an arrest for felony may be made without warrant. Wilkesbarre, 29 P. L. J. 414. Jones v. City, 2 Kulp Wakely v. Hart, 6 Ibid. 316. So, a justice, if ob68. Morgan v. Commonwealth, 30 P. L. J. 14. The structed in his official duties, may commit, or hold to act 1st May 1861, authorizing the trial of certain bail, without oath or hearing. Commonwealth v. offences before a justice and a jury of six, is constitu- McClure, 2 Chest. Co. 557. As to the sufficiency of a tional. Lavery v. Commonwealth, 101 P. S. 561. The search-warrant, see Moore v. Cox, 10 W. N. C. 135. act of 4th May 1855, giving the custody and earnings (n) It need not appear by the record, that the of children to the mother where the father neglects to prisoner was allowed counsel. Cathcart v. Commonprovide for them, is not in conflict with this section. wealth, 37 P. S. 108. The right of a defendant in a Van Billiard v. Van Billiard, 6 C. C. 333.

criminal trial to be heard by counsel before a jury (h) See Emerick v. Harris, 1 Binn. 424.

In re

cannot be denied. Stewart v. Commonwealth, 117 P. S. Pennsylvania Hall, 5 P. S. 204. Livingston v. Moore, 378. Theel v. Commonwealth, 22 W. N. C. 58. 7 Pet. 551-2. Trial by jury is a constitutional right, (0) The 20th section of the code of criminal prowhich cannot be waived by implication. Trimble's cedure of 31 March 1860, does not conflict with this Appeal, 6 W. 133. Lauman v. Young, 31 P. S. 310. provision. Cathcart v. Commonwealth, 37 P. S. 338. Cancemi v. People, 18 N. Y. 129. The legislature has (p) In all criminal cases the witnesses must be exno power, either to provide that a petit jury may be amined in the presence of the accused, and be subject composed of a less number than twelve, or that a to cross-examination. Howser v. Commonwealth, 51 number of the petit jury, less than twelve, may ren- P. S. 338. This clause applies to impeachments, which der a verdict. 23 Law Rep. 458. Kleinschmidt v. are criminal prosecutions. Porter's Trial 100–12. But Dunphy, 1 Montana 118. Aylesworth v. Reece, Ibid. depositions were taken and read on the trial of Judge 200." Commonwealth v. Saal, 10 Phila. 496. Barter Hopkinson. Hopkinson's Trial, 40–3. It does not, v. Putney, 37 How. Pr. 140. But the act of 1861, however, abrogate the common-law principle, that that certain offences may be tried by a justice and dying declarations are admissible in evidence, in cases six jurors, is constitutional. Lavery v. Commonwealth, of homicide. Woodsides v. State, 2 How. (Miss.) 656. 101 P. S. 560. A municipal corporation, being the Anthony v. State, Meigs 265. Campbell v. State, 11 creature of the legislature, cannot claim the constitu- Geo. 353. Robbins v. State, 8 Ohio St. 131. State v. tional right of a trial by jury. Borough of Dun- Nash, 7 Iowa 349. more's Appeal, 52 P. S. 374.

(2) See Galbreath v. Eichelberger, 3 Y.515. People (i) Respublica v. Oswald, 1 Dall. 325. Runkle v. v. Kelly, 24 N. Y. 74. Mayer, 3 Y. 520. Respublica v. Dennie, 4 Y. 269. (r) A private act is not such a law. Norman v. Commonwealth v. Meeser, 1 Brewst. 492.

Heist, 5 W. & S. 171. Brown v. Hummel, 6 P. S. 87. (k) Respublica v. Dennie, 4 Y. 267. Commonwealth And see Greene v. Briggs, 1 Curt. C. C. 314. It means, v. Odell, 3 Pitts. 449.

judgment of law, in its regular course of administra(1) The new constitution has introduced an entirely tion through courts of justice. Fetter v. Will, 46 P. S. new principle into the law of libel in this state, to wit, 460. Craig v. Kline, 65 Ibid. 399, 413. A law must furthat where the matter complained of is proper for nish some just form or mode in which the duty of the publication, and it is established, that it was published citizen shall be determined, before he can be visited without negligence or malice, a criminal prosecution with a penalty for non-performance. Philadelphia v. cannot be maintained. Commonwealth v. McClure, Scott, 81 P. S. 80. The act 11th April 1889, detining 11 Phila. 469. Commonwealth v. Woodward, 7 Luz. L. a limitation of six months, within which a practising Reg. 39, 44. And see Struthers v. Peacock, 11 Phila. veterinary surgeon must register, is in violation of 257. There must be proof of malice or negligence, to this section. Ritter v. Rodgers, 8 C. C. 451. convict of libel, where the publication relates to the (8) See Respublica v. Wray, 3 Dall, 490. Respubofficial conduct of persons in a public capacity. Com- lica v. Griffiths, 2 Dall. 112. Respublica v. Prior, 1 monwealth v. Singerly, 15 Phila. 368.

Y. 206. Respublica v. Burns, Ibid. 370. Respublica (m) A warrant of arrest, issued upon common v. Montgomery, Ibid. 419. Commonwealth v. comrumor and report of the party's guilt, though it recite missioners, 1 S. & R. 382. The act of 1813, compelling that there is danger of his escaping, before witnesses a sheriff to dismiss a deputy who extorts illegal lees, could be summoned, to enable the judge to issue it is constitutional. Leeds's Appeal, 75 P. S. 75. upon oath, is illegal; and no officer is bound to exe- () This only applies to capital offences. McCreary

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Art. 1. Sect. 11.

to be open.

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Art. 1. Sect. 12.

Art. 1. Sect. 18.

Art. 1. Sect. 10. applied to public use, without authority of law, and without just compensation

being first made or secured.(u)

12. All courts shall be open; and every man, for an injury done him in his Courts of justice lands, goods, person or reputation, shall have remedy by due course of law,(v) and

right and justice administered, without sale, denial or delay. Suits may be brought Suits against the

gainst the commonwealth, in such manner, in such courts, and in such cases, as the legislature may by law direct.(w)

13. No power of suspending laws shall be exercised, unless by the legislature, or Suspending laws. by its authority.

14. Excessive bail shall not be required, nor excessive fines imposed, nor cruel Bail. Fines and punish. punishments inflicted.

15. All prisoners shall be bailable by sufficient sureties, unless for capital ofArt. 1. Sect. 14. fences, (x) when the proof is evident, or presumption great;(y) and the privilege of

the writ of habeas corpus shall not be suspended, unless when, in case of rebellion or invasion, the public safety may require it.

16. No commission of over and terminer or jail delivery shall be issued.

17. The person of a debtor, where there is not strong presumption of fraud, over and terminer, shall not be continued in prison, after delivering up his estate for the benefit of

Art. 1. Sect. 16. his creditors, in such manner as shall be prescribed by law.
Insolvent debtors. 18. No ex post facto law,(z) nor any law impairing the obligation of con-


Prisoners to be
Habeas corpus.

Art. 1. Sect. 15.

son v.

v. Commonwealth, 29 P. S. 323. The court, even in a full compensation, where the public is not interested capital case, may discharge a jury, before verdict, in in such transfer; such an arbitrary exercise of power case of absolute necessity; but mere inability to agree, is an infringement of the spirit of the constitution, not is not such a case; and if a jury be discharged, under being within the powers delegated by the people to such circumstances, the prisoner may plead it in bar legislature. Pittsburgh v. Scott, 1 P.S. 309. Lambertof another trial. Commonwealth v. Clue, 3 R. 498.

Hogan, 2 Ibid. 24. Brown v. Hummell, 6 Ibid. And see Hollister v. Commonwealth, 60 P. S. 103.


McMichael v. Skilton, 13 Ibid. 217. Ervine's Hilands v. Commonwealth, 17 W. N. C. 36. A pris- Appeal, 16 Ibid. 264. Kneass's Appeal, 31 Ibid. 90. oner is not once in jeopardy, until a full jury is em- Lance's Appeal, 55 Ibid. 16. Powers v. Bergen, 6 pannelled and sworn. Alexander v. Commonwealth, N. Y. 358. Palairet's Appeal, 67 P. S. 479. The legis105 P. S. 1. A person is in jeopardy when a jury has lature may, indeed, authorize a trustee of the legal been empannelled and sworn to try him on a capital estate in land to convert it into money, for the purcharge. Hilands v. Commonwealth, 111 P. S. 1. pose of distributing the proceeds among the parties

(u) See art. XVI. $ 8. This clause is a disabling, entitled. Norris v. Clymer, 2 P. S. 277. Sergeant v. not an enabling one. Harvey v. Thomas, 10 W. 66. Kuhn, Ibid. 393. Kerr v. Kitchen, 17 Ibid. 434. Moers It is a limitation, not on the taxing power, but on the v. Reading, 21 Ibid. 201. But they cannot authorize the right of eminent domain. Gilman v. Sheboygan, 2 Bl. sale of the property of parties sui juris, and seised of 510. There are no other limitations to the power of a vested estate, against their consent. Ervine's Appeal, the state over private property, than those that are 16 P. S. 256. Kneass's Appeal, 31 Ibid. 87. And see placed upon it by the constitution. Monongahela Richards v. Rote, 68 Ibid. 248. Wolford v. MorganNavigation Co. v. Coons, 6 W. & S. 113. The com- thal, 91 Ibid. 30. The right of eminent domain exmonwealth has a constitutional right to authorize a tends to corporate franchises. Towanda Bridge Co., turnpike company to lay out a road through the private 91 P. S. 216. Phila. & Gray's Ferry R. R. Co.'s Appeal, ground of a citizen, without making compensation for 102 P. S. 123. the soil. McClenachan v. Curwen, 6 Binn. 509. Such (v) This requires that the law relating to the transcompensation having been originally made in each action in controversy, at the time when it is complete, purchaser's particular grant. s. c. 3 Y. 373. East shall be an inherent element of the case, and shall Union v. Comrey, 100 P. S. 362. The mere laying guide the decision; and that the case shall not be out of streets through private property, is not a tak- altered, in its substance, by any subsequent law. ing, within the meaning of the constitution; it is only Menges' v. Dentler, 33 P. S. 495. when they are actually opened and applied to public (W) Monongahela Navigation Co. v. Coons, 6 W. use, that the owners are entitled to compensation. & S. 116, 117. City of Pittsburgh, 2 W. & S. 320.

It is not necessary, (2) A prisoner charged with homicide, may be that the compensation should be actually ascertained admitted to bail, even after indictment found, where and paid, before the property is appropriated; it is the evidence shows that the offence is not a capital enough, that an adequate remedy is provided, by Commonwealth v. Lemley, 2 Pitts. 362. Comwhich the owner can obtain compensation, without monwealth v. Keeper, 2 Ash. 227. unreasonable delay. Pittsburgh v. Scott, 1 P. S. 309. (y) This clause has reference to the guilt of the Commonwealth v. Wood, 10 Ibid. 97. Commonwealth prisoner, not to the nature or degree of the offence. v. Pittsburgh and Connellsville Railroad Co., 58 Ibid. Commonwealth v. Lemley, 2 Pitts. 362. 26. Hatermehl v. Dickerson, 8 Phila. 282. See Yost's (2) Any law changing the punishment of offences Report, 17 P. S. 524. And a law limiting the time committed before its passage, is ex post facto and void, within which the owner's claim for damages shall be under the constitution, unless the change consist in exhibited, is not unconstitutional. Rerford v. Knight, the remission of some separable part of the punish11 N. Y. 308. To authorize the taking of private prop- ment before prescribed, or be referrible to prison diserty for public use, there must be an adjudication cipline or penal administration, as its primary object. upon the facts which render it proper. Philadelphia Hartung v. People, 22 N. Y. 95. An act granting a v. Scott, 81 P. S. 80; s. c. 9 Phila. 171. The legisla new trial is unconstitutional. De Chastellux v. Fair ture may constitutionally require the owners of prop- child, 15 P. S. 18. Ervine's Appeal, 16 Ibid. 266-7. erty benefited by a public improvement, to pay the Baggs's Appeal, 43 Ibid. 512. Hendrickson's Estate, damages sustained by those whose property is taken, 2 Pitts. 360. But an act extending the period of limiin proportion to the benefits received by each of them. tation, where the existing limitation has not run McMasters v. Commonwealth, 3 W. 296. Fenelon's against the prosecution of a crime, is not an ex post Petition, 7 P. S. 175. Livingston v. New York, 8 fucto law. *Commonwealth v. Duffy, 96 P. S. 506. Wend. 85. People v. Mayor of Brooklyn, 4 N. Y. 419. The act 17 April 1876, prohibiting the practice of But if the whole benefit be a public one, and the dentistry by others than certain parties, is unconstituowners do not derive any special benefit from the tional as an ex post facto law as to then practisimprovement, such act is unconstitutional. Washing ing dentists. Commonwealth v. Wasson, 29 P. L. J. ton Avenue, 69 P. S. 352. Craig v. Philadelphia, 89 434. Retrospective laws, however, are not forbidden Ibid. 265. Philadelphia v. Rule, 93 Ibid. 15. "Scran- by the constitution. Beck v. Borough, 2 C. C. 511. ton v. Penn. Coal Co., 105 Ibid. 445. And the govern- The legislature may, by a retrospective statute, valiment cannot take the property of one citizen, for the date acts done in general accordance with the direcmere purpose of transferring it to another, even for a tions of a previously existing law by officers whose


Ex post facto laws.
Obligations of con-

, c

Effect of attainder
Art. 1. Sect. 20.

Art. 1. Sect. 21.

Right to bear arms.

tracts(a) or making irrevocable any grant of special privileges or immunities shall Art. 1. Sect. 17. be passed.

19. No person shall be attainted of treason or felony by the legislature.

20. No attainder shall work corruption of blood, nor, except during the life of 'Art. 1. Sect. 18. the offender, forfeiture of estate to the commonwealth. The estate of such persons Art. 1. Sect. 19. as shall destroy their own lives shall descend or vest as in cases of natural death ; and if any person shall be killed by casualty, there shall be no forfeiture by reason thereof. 21. The citizens have a right, in a peaceable manner to assemble together for

Right of petition, their common good, and to apply to those invested with the powers of government, &c. for redress of grievances, or other proper purposes, by petition, address or remonstrance.

22. The right of the citizens to bear arms in defence of themselves and the state, Art. 1. Sect. 22. shall not be questioned.(b).

Military subordi. 23. No standing army shall, in time of peace, be kept up, without the consent of nate to the civil the legislature; and the military shall, in all cases, and at all times, be in strict power, subordination to the civil power.(c)

24. No soldier shall, in time of peace, be quartered in any house, without the quartering of consent of the owner; nor in time of war, but in a manner to be prescribed by law.

25. The legislature shall not grant any title of nobility or hereditary distinction; nor create any office, the appointment to which shall be for a longer term than Titles and offices. during good behavior. 26. Emigration from the state shall not be prohibited.

Emigration. 27. To guard against transgressions of the high powers which we have delegated, art. 1. Sect. 26. WE DECLARE, that everything in this article is excepted out of the general powers the general powers of government, and shall forever remain inviolate.

Art. 1. Sect. 23.

Art. 1. Sect. 24.

Art. 1. Sect. 25.

of government.

authority was, at the utmost, voidable. Common Railway Co., 10 Phila. 41. A legislative grant of an wealth v. Hoff, 1 Woodward 464. Where the legisla- exclusive right to maintain a ferry may be repealed ture had the antecedent power to levy a tax, it cau by uuless founded upon a valuable consideration. Johna retroactive law cure any irregularity or want of son v. Crow, 87 P. S. 181. The legislature may repeal authority in the persons levying the same. Hewitt's an act granting additional privileges to a corporation. Appeal, 88 P. S. 55. The act 10 May 1889, forbidding Zimmerman v. Turnpike Co., 32 Sm. 96. "Railway judgment for want of an appearance in foreign at- Co.'s Appeal, 102 P. S. 123. The legislature may retachment at or after the third term, if a declaration quire a creditor of an embarrassed corporation to has been filed fifteen days before the entry of judg- indicate his dissent from measures deemed essential ment, was held to be applicable to pending actions. to the common welfare, or be taken to have assented to Lane v. White, 24 W. N. C. 380.

the same. Canal Co. v. Giltillan, 93 P. S. 95. The (a) See Evans v. Montgomery, 4 W. & S. 218. following acts have been held not to violate the obliDeichman's Appeal, 2 Wh. 39. Chadwick v. Moore, gation of contract: act 28 May 1872, limiting the 8 W. & S. 49. Bunn v. Gorgas, 41 P. S. 441. Miller distribution of the effects of a dissolved fire company, v. Ripka, 4 Phila. 309. An act of assembly cannot in Commonwealth v. Fire Engine Co., 10 Phila. 393; impair a contract made, after it has passed both act 4 April 1873, requiring insurance companies to houses of the general assembly, but before its ap file certified copies of their charters, in Commonwealth proval by the governor. Wartman v. Philadelphia, v. Beneficial Association, 10 Phila. 554; the act au33 P.S. 202. The legislature, provided it do not vio- thorizing the opening of streets through the grounds late the constitutional prohibitions, may pass retro- of the Girard College, in Girard College, 10 Phila. spective laws. Hepburn v. Curts, 7 W. 300. Journeay 145; act 11 May 1881, requiring a copy of the appliv. Gibson, 56 P. S. 57. See Danner v. Shissler, 31 cation to be attached to the policy of insurance. Ibid. 289. Juniata Township, Ibid. 301. Penrose v. Life Association v. Musser, 120 P. S. 384. The act 4 Erie Canal Co., 56 Ibid. 46. But a contract which April 1868, limiting the amount of recovery for a perhas become void, by force of its inherent conditions, sonal injury, was held to be unconstitutional in Railcannot be reinstated by act of assembly. Plank Road way v. Boudrou, 92 P. S. 475; and the act 15 April Co. v. Davidson, 39 P. S. 435. See Tyson v. School 1868, limiting the recovery of damages against corpoDirectors, 51 Ibid. 9. Whenever a power to repeal, rations for loss of life, in Railroad Co. v. Bowers, alter or amend a charter, is reserved in it, its exercise 124 P. S. 183. The act 12 April 1872, requiring notes does not impair the obligation of the contract. Com- given for a patent right” to have those words inonwealth v. Fayette County Ruilroad Co., 55 P. S. written on the face thereof, is not unconstitutional. 452. See Home of the Friendless v. Rouse, 8 Wall. Shires v. Commonwealth, 120 P. S. 368. Laws effect430. The charter of a municipal corporation is not a ing the remedy do not impair the obligation of concontract, within the prohibition of the constitution. tracts. Phelps' Appeal, 10 W. N. C. 525. Neither City of Erie v. Erie Canal Co., 59 P. S. 174. It is not does an act giving a right of appeal where none before competent for the legislature to suspend execution existed. Long's Appeal, 87 P. S. 11. Nor an act in violation of a waiver of a stay of executionem- authorizing the transcript of a balance due by a tax bodied in a contract. White v. Crawford, 84 P. S. collector to be filed as a lien against his property and 433. Powers conferred upon a private corporation by execution to issue thereon. School Directors v. Reed, its charter are not affected by this constitution where 2 Pears. 187. See Supervisors v. Dennis, 96 P. S. 400. such corporation has accepted no beneficial legisla- Cooper v. Loan Association, 100 P. S. 405. Hillingstion under it. Ahl v. Rhoads, 84 P. S. 319. Com- head v. Cousins, District Court, Phila. 4 Feb. 1821. monwealth v. Water Co., 94 Ibid. 516. Where the Ms. County v. Coleman, 39 L. I. 281. Felt's Apcharter of a bank exempts from taxation for a cer- peal, 1 Mona. 282. Sutton v. Clark, 7 W. N. C. 437, tain period in consideration of a bonus paid, such ex- Parks v. Boynton, 98 P. S. 370. Biddle v. Hooven, emption is obligatory as a contract. Commonwealth 120 P. S. 221. Meredith v. Thomas, 4 Kulp 505. v. Bank, 1 Pears. 323. See Commonwealth v. Water (b) An act prohibiting the carrying of concealed Co., 94 P.S. 516. Drew v. Railroad Co., 32 Sm. 46. weapons, is not a violation of this section. Wright v. The state having granted to one corporation the right Commonwealth, 77 P. S. 470. to lay its rails upon a public street, cannot confer any (c) See Commonwealth v. Small, 26 P. S. 33. inconsistent rights upon another company. Maris v.


Art. 2. Sect. 1.

Art. 2. Sect. 2.

Biennial elections.

Art. 2. Sect. 3.

Terms of office.

Art. 2. Sect. 4.

Election of United
States senators.

Art. 2. Sect. 5.

senators and

representatives. Residence.

Art. 2. Sect. 6.

OF THE LEGISLATURE. 28. The legislative power of this commonwealth shall be vested in a general Legislative power. assembly,(d) which shall consist of a senate and a house of representatives. (e)

29. Members of the general assembly shall be nosen at the general election, every second year.(9). Their term of service shall begin on the first day of December next after their election. Whenever a vacancy shall occur in either house, the presiding officer thereof shall issue a writ of election, to fill such vacancy for the remainder of the term.

30. Senators shall be elected for the term of four years, and representatives for the term of two years.

31. The general assembly shall meet at twelve o'clock, noon, on the first Tues

day of January, every second year, and at other times when convened by the govMeetings of the ernor, but shall hold no adjourned annual session after the year 1878. In case of general assembly,

a vacancy in the office of United States senator from this commonwealth, in a recess between sessions, the governor shall convene the two houses, by proclamation, on notice, not exceeding sixty days, to fill the same.

32. Senators shall be at least twenty-five years of age, and representatives twentyQualification of one years of age. They shall have been citizens and inhabitants of the state four

years, and inhabitants of their respective districts, one year next before their election (unless absent on the public business of the United States or of this state), and shall reside in their respective districts, during their terms of service.

33. No senator or representative shall, during the time for which he may have

been elected, be appointed to any civil office under this commonwealth; and no Disqualifications.

member of congress, or other person holding any office (except of attorney-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.(h)

34. No person hereafter convicted of embezzlement of public moneys, bribery, Persons convicted perjury or other infamous crime(i) shall be eligible to the general assembly, or of infamous crimes capable of holding any office of trust or profit in this commonwealth. to be disqualified. 35. The members of the general assembly shall receive such salary and mileage

for regular and special sessions as shall be fixed by law, and no other compensaCompensation.

tion whatever, whether for services upon committee or otherwise. No member of Not to be increased either house shall, during the term for which he may have been elected, receive during the term. any increase of salary, or mileage, under any law passed during such term.(k)

36. 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 tem

pore, who shall perform the duties of the lieutenant-governor, in any case of Speaker of the absence or disability of that officer, and whenever the said office of lieutenant-gov

ernor shall be vacant. The house of representatives shall elect one of its members judges of elections, as speaker. Each house shall choose its other officers, and shall judge of the elec

tion and qualification of its members. (1)

37. A majority of each house shall constitute a quorum; but a smaller number Quorum. may adjourn from day to day, and compel the attendance of absent members.

38. Each house shall have power to determine the rules of its proceedings, and punish its members, or other persons, for contempt or disorderly behavior in its presence, (m) to enforce obedience to its process, to protect its members against violence, or offers of bribes or private solicitation, and, with the concurrence of

two-thirds, to expel a member, but not a second time, for the same cause; and shall Expulsion.

have all other powers necessary for the legislation of a free state.(n) A member expelled for corruption shall not thereafter be eligible to either house; and punishment for contempt or disorderly behavior shall not bar an indictment for the same offence.

39. Each house shall keep a journal of its proceedings, and from time to time,

Art. 2. Sect. 7.

Art. 2. Sect. S.

Art. 2. Sect. 9.

President of the senate.

house. Houses to be

Art. 2. Sect. 10.

Art. 2. Sect. 11.

Powers of each house,

Art. 2. Sect. 12.

(d) In Locke's Appeal, 72 P. S. 491, it was decided disqualified person, the one who received the next by the supreme court, that an act submitting the ques- highest number is not to be returned as elected. Comtion of granting tavern-licenses to the electors of a monwealth v. Cluley, 56 P. S. 270. State v. Giles, 1 ward was not in contlict with the constitution. In Chand. 112. State y. Smith, 14 Wis. 497. Saunders v. Parker v. Commonwealth, 6 P. S. 507, the former Haynes, 13 Cal. 145. Contrà, Gulick v. New, 14 Ind. supreme court arrived at exactly an opposite conclu- 93. Carson v. McPhetridge, 15 Ind. 327; Stewart v. sion. Each of these decisions was made by a bare Hayes, 3 Chicago Leg. News 117. And see Bright. majority of the court, so that in point of number the Elect. Cas. 150-1. People v. Clute, 50 N. Y. 451. judges on either side of the question are evenly bal- (h) If a member, at the time of his election, hold a anced. Under these circumstances, the question can disqualifying office, it is sufficient that he qualify hardly be deemed settled in Pennsylvania. In Morse himself, by a resignation of it, before he is sworn in. v. Goold, 17 N. Y. 281, it was ruled by the court of Commonwealth v. Pyle, 18 P. S. 519. appeals of New York, that a judgment given by a (i) See United States v. Wynn, 3 McCreary 266. divided court, though it settles the case between the (k) See Commonwealth v. Butler, 99 P. S. 535. parties, was not obligatory as a precedent. See Weil (7) This is not affected by Art. VIII., $ 17. Senv. Calhoun, 25 Fed. Rep. 865.

ator's Election, 17 W. N. C. 41. (e) See Greenough v. Greenough, 11 P. S. 494. De (m) See note to 6 Wheat. 204. Chastellux v. Fairchild, 15 Ibid. 20. Watkins v. Hol- (n) See Sharpless v. Mayor of Philadelphia, 21 man, 16 Pet. 60.

P. S. 147. (9) If a majority of the votes have been cast for a

Yeas and nays.
Art. 2. Sect. 13.


Art. 2. Sect. 16.


publish the same, except such parts as require secrecy; and the yeas and nays of Art. 2. Sect. 12. the members on any question shall, at the desire of any two of them, be entered on the journal.

40. The sessions of each house, and of committees of the whole, shall be open, sessions to be unless when the business is such as ought to be kept secret.

41. Neither house shall, without the consent of the other, adjourn for more than Art. 2. Sect. 14. three days,(o) nor to any other place than that in which the two houses shall be Adjournments. sitting

42. The members of the general assembly shall, in all cases, except treason, Art. 2. Sect. 18. felony, violation of their oath of office, and breach or surety of the peace, be privi

Privileges of leged from arrest, during their attendance at the sessions of their respective houses, members. 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 (P)

43. The state shall be divided into fifty senatorial districts of compact and contiguous territory, 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 Senatorial dispopulation shall be entitled to one senator for each ratio, and to an additional senator for a surplus of population exceeding three-tifths 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 exceeding 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 representation, exceeding one-sixth of the whole number of senators. No ward, borough or township shall be divided in the formation of a district. The senatorial ratio shall be ascertained by divid- Ratio. ing the whole population of the state by the number fifty.

44. The members of the house of representatives shall be apportioned among Art. 2. Sect. 17. the several counties, on a ratio obtained by dividing the population of the state, as ascertained by the most recent United States census, by two hundred. Every districts.

Representative county containing less than five ratios shall have one representative for every full ratio, and an additional 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 population equal to a ratio shall elect separately its proportion of the representatives allotted to the county in which it is located. Every city entitled to more than four representatives, and every county having over one hundred thousand inhabitants, shall be divided into districts of compact and contiguous territory; each district to elect its proportion of representatives, according to its population; but no district shall elect more than four representatives.

45. The general assembly, at its first session after the adoption of this constitu- Art. 2. Sect. 18. tion, and immediately after each United States decennial census, shall apportion the state into senatorial and representative districts, agreeably to the provisions of of the state.

Apportionment the two next preceding sections.


Art. 3. Sect. 1.

OF LEGISLATION.(9) 46. 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. Passage of bills.

47. No bill shall be considered, unless referred to a committee, returned therefrom, and printed for the use of the members.

Reference and 48. No bill , except general appropriation bills, shall be passed, containing more

printing than one subject, which shall be clearly expressed in its title.(r)

Art. 3. Sect. 2.

Art. 3. Sect. 3. Form of bills.

(0) An adjournment of the house for more than trict, 3 C. C. 371. School District's Appeal, 113 P. S. three days, without the concurrence of the senate, 176. does not, ipso facto, work a dissolution of the general (r) If the title of an act do not clearly indicate its assembly. West Philadelphia Passenger Railroad subject-matter, it is unconstitutional. Ruth's Appeal, Co. v. Union Passenger Railway Co., 9 Phila. 495. 10 W. N. C. 498. Road in Phenixville, 2 Chest. Co. (p) See Bullard's Case, 4 W. N. C. 540.

433. But it is not necessary that the title should be a (q) The arrogation by the legislature of judicial complete index of its conients. Commonwealth v. power in the construction of laws is unconstitutional. Green, 58 P. S. 226. Yeager v. Weaver, 64 Ibid. 425. Iron Works v. Oil Co., 122 P. S. 627. Grant Street, It is only necessary that the title should fairly give 121 P. S. 596. It is not possible by legislation to alter notice of the subject of the act, so as to reasonably the fact of illegitimate birth. Edward's Appeal, 108 lead to an inquiry into its body. Allegheny County P. S. 283. The legislature have power to vote them- Home's Appeal, 77 P. S. 77. Siate line and Juniata selves a per diem compensation after the expiration Railroad Company's Appeal, Ibid. 429. Mauch Chunk of one hundred days. Commonwealth v. Butler, 99 v. McGee, 81 İbid. 433. If an act, entitled a suppleP.S.540. As to the delegation of legislative power, see ment to a former one, the date and title of which are note to State v. Circuit Court, 15 Atlan. 298. Where a given, be germane to the original statute, it does not statute is made to depend for its validity upon a sub- violate the constitutional provision. Locui v. Haedsequent popular vote, it is unconstitutional. Tarpay- rick, 8 W. N. C. 70. Bank of Titusville v. Caldwell, er's Petition, 25 P. L. J. 146. See Bowen v. County, 13 Fed. Rep. 429. Craig v. Presbyierian Church, 88 6 C. C. 613. Overseers v. Commissioners, 135 P. S. P. S. 42. If the title of an act be simple, it is only 400. City v. Savage, 23 W. N. C. 332. Commonwealth those provisions that are not covered by it that are v. Halstead, 1 C. C. 335. Von Storch v. School Dis- void. Allegheny County Home's Appeal, 77 P. S. 77.

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