no more than two persons, and the three persons having the highest number of Art. 14. Sect. 7. votes shall be elected; any casual vacancy in the office of county commissioner or county auditor shall be filled by the court of common pleas of the county in which such vacancy shall occur, by the appointment of an elector of the proper county, who shall have voted for the commissioner or auditor whose place is to be filled. ARTICLE XV. OF CITIES AND CITY CHARTERS. Art. 15. Sect. 1. 182. Cities may be chartered, whenever a majority of the electors of any town or borough, having a population of at least ten thousand, shall vote at any general city charters. election in favor of the same. (s) 183. No debt shall be contracted or liability incurred by any municipal commis- Art. 15. Sect. 2. sion, except in pursuance of an appropriation previously made therefor by the municipal government.(t) 184. Every city shall create a sinking fund, which shall be inviolably pledged for the payment of its funded debt. Public debts. Art. 15. Sect. 3. Sinking funds. ARTICLE XVI. OF PRIVATE CORPORATIONS. 185. All existing charters, or grants of special or exclusive privileges, under Art. 16. Sect. 1. which a bona fide organization shall not have taken place, and business been commenced in good faith, at the time of the adoption of this constitution, shall there- Certain charters to after have no validity.(u) be void. Condition of 186. The general assembly shall not remit the forfeiture of the charter of any Art. 16. Sect. 2. corporation now existing, or alter or amend the same, or pass any other general or special law for the benefit of such corporation, except upon the condition that amendments. such corporation shall thereafter hold its charter subject to the provisions of this constitution. 187. The exercise of the right of eminent domain shall never be abridged, or so Art. 16. Sect. 3. construed as to prevent the general assembly from taking the property and fran- Right of eminent chises of incorporated companies, and subjecting them to public use, the same as domain. the property of individuals; and the exercise of the police power of the state shall Police power. never be abridged, or so construed as to permit corporations to conduct their business in such manner as to infringe the equal rights of individuals or the general well-being of the state. (v) Art. 16. Sect. 4. Corporate elec tions. 188. In all elections for directors or managers of a corporation, each member or shareholder may cast the whole number of his votes for one candidate, or distribute them upon two or more candidates, as he may prefer.(w) 189. No foreign corporation shall do any business in this state, without having Art. 16. Sect. 5. one or more known places of business, and an authorized agent or agents in the same, upon whom process may be served. Foreign corporations. 190. No corporation shall engage in any business other than that expressly Art. 16. Sect. 6. authorized in its charter; nor shall it take or hold any real estate, except such as Corporate powers. may be necessary and proper for its legitimate business. 191. No corporation shall issue stocks or bonds, except for money, labor done, or money or property actually received; and all fictitious increase of stock or indebtedness shall be void. The stock and indebtedness of corporations shall not be increased except in pursuance of general law, nor without the consent of the persons holding the larger amount in value of the stock, first obtained, at a meeting to be held, after sixty days' notice, given in pursuance of law. (x) Art. 16. Sect. 7. Stock and loans of corporations. 192. Municipal and other corporations (y) and individuals invested with the Art. 16. Sect. 8. privilege of taking private property for public use, shall make just compensation Compensation for for property taken, injured or destroyed by the construction or enlargement of injuries to private their works, highways, or improvements, which compensation shall be paid or property. secured before such taking, injury or destruction.(z) The general assembly is (8) This section was not offended by the act of 24 May 1887, providing for the annexation of territory to a city upon the petition of three-fifths of the taxable inhabitants. Township's Appeal, 5 C. C. 339. That act was, however, declared to be obnoxious to article 3, section 7, in Ayar's Appeal, 122 P. S. 266. (t) Perkins v. Slack, 5 W. N. C. 153. (u) This section is valid and not in conflict with the federal constitution. Lumber Co. v. Commonwealth, 100 P. S. 438. It did not invalidate a grant of ferry privileges because a skiff only was used, there being no demand for a flat. Douglass' Appeal, 118 P. S. 65. This section relates to private corporations only; it did not invalidate the right of a municipality to contract for water works under the act 12 March 1867. Water Co.'s Appeal, 102 P. S. 515. (r) See Slaughter-House Co. v. Slaughter-House Co., 30 Alb. L. J. 152. (w) This applies, without further legislation, to all private corporations incorporated since 1874. Pierce v. Commonwealth, 104 P. S. 150. But not to then existing corporations, who have not since accepted the benefits of any legislation under the new constitution. Hays v. Commonwealth, 82 P. S. 518. See Baker v. Pepper, 14 W. N. C. 560. Commonwealth v. Lintsman, 23 Pitts. L. J. 122. (x) See Ahl v. Rhoads, 84 P. S. 319. (y) A county is a corporation within this section, and is liable for consequential damages caused by the erection of a county bridge. County v. Brower, 117 P. S. 647. (z) When private property is taken for public use, it is not necessary, that the compensation to the owner should be actually ascertained and paid, before the property is appropriated; but it is sufficient, if an adequate remedy be provided, by which he can ob Appeals. Art. 16. Sect. 8. hereby prohibited from depriving any person of an appeal from any preliminary assessment of damages against any such corporations or individuals, made by viewers or otherwise; and the amount of such damages, in all cases of appeal, shall, on the demand of either party, be determined by a jury, according to the course of the common law. (a) Art. 16. Sect. 9. Banking laws. Art. 16. Sect. 10. Revocation of charters. Art. 16. Sect. 11. Notice of application for banking powers. Art. 16. Sect. 12. Telegraphs. Art. 16. Sect. 13. Joint stock companies. Art. 17. Sect. 1. ways. 193. Every banking law shall provide for the registry and countersigning, by an officer of the state, of all notes or bills designed for circulation; and that ample security to the full amount thereof, shall be deposited with the auditor-general, for the redemption of such notes or bills. 194. The general assembly shall have the power to alter, revoke or annul any charter or incorporation now existing, and revocable at the adoption of this constitution, or any that may hereafter be created, whenever, in their opinion, it may be injurious to the citizens of this commonwealth, in such manner, however, that no injustice shall be done to the corporators. (b) No law hereafter enacted shall create, renew or extend the charter of more than one corporation.(c) 195. No corporate body to possess banking and discounting privileges, (d) shall be created or organized, in pursuance of any law, without three months previous public notice, at the place of the intended location, of the intention to apply for such privileges, in such manner as shall be prescribed by law; nor shall a charter for such privilege be granted for a longer period than twenty years. 196. Any association or corporation organized for the purpose, or any individual, shall have the right to construct and maintain lines of telegraph within this state, and to connect the same with other lines; and the general assembly shall, by general law, of uniform operation, provide reasonable regulations to give full effect to this section. No telegraph company shall consolidate with, or hold a controlling interest in the stock or bonds of, any other telegraph company, owning a competing line, or acquire, by purchase or otherwise, any other competing line of telegraph. 197. The term "corporations," as used in this article, shall be construed to include all joint stock companies or associations, having any of the powers or privileges of corporations not possessed by individuals or partnerships. ARTICLE XVII. OF RAILROADS AND CANALS. 198. All railroads and canals shall be public highways, and all railroad and canal companies shall be common carriers. Any association or corporation organTo be public high- ized for the purpose, shall have the right to construct and operate a railroad between any points within this state, and to connect, at the state line, with railroads of other states. Every railroad company shall have the right, with its road, to intersect, connect with or cross any other railroad; (e) and shall receive and transport each the other's passengers, tonnage and cars, loaded or empty, without delay or discrimination. Connections. Art. 17. Sect. 2. Transfer offices. 199. Every railroad and canal corporation organized in this state shall maintain an office therein, where transfers of its stock shall be made, and where its books shall be kept for inspection by any stockholder or creditor of such corporation, in which shall be recorded the amount of capital stock subscribed or paid in, and by tain compensation, without any unreasonable delay. Commonwealth v. Wood, 10 P. S. 97. Harrisburg v. Crangle, 3 W. & S. 460. Crangle v. Harrisburg, 1 P. S. 132. Menges v. Wertman, Ibid. 218. Mononga hela Navigation Co. v. Coons, 6 W. & S. 113. Mifflin v. Railroad Co., 16 P. S. 192-3. Heston v. Canal Commissioners, Bright. 183. See art. I. § 10. When the commonwealth exercises the power of eminent domain, it must provide the means of payment, before taking the property; but a corporation or individual must pay or secure its price. McClinton v. Pittsburgh, Fort Wayne and Chicago Railway Co., 66 P. S. 404. The clause applies to existing corporations. Patent v. Philadelphia and Reading Railroad Co., 14 W. N. C. 545; s. c. 17 Ibid. 198. And see Pennsylvania Railroad Co. v. Duncan, 17 W. N. C. 193. (a) This section and the act of 1874, give an appeal and trial by jury in all cases where property is taken by a municipal corporation for public use. East Walnut Street, 10 Lane. Bar 209. Towanda Bridge Co., 91 P. S. 216. See Bachler's Appeal, 90 P. S. 207. Bridge Co. v. Railway Co., 114 P. S. 478. Grant Street, 7 C. C. 84. Howard v. City, 38 P. L. J. 87. (b) This clause reserves to the state the right to impose taxes upon a bank, according to the legislative discretion, notwithstanding a provision in its charter "that the capital stock in such bank shall not be subject to taxation, for other than state purposes." Iron City Bank v. Pittsburgh, 37 P. S. 340. It forms a part of the contract with every banking corporation. Ex parte Oliver Lee & Co.'s Bank, 21 N. Y. 9. The legislature is not the final judge whether the casus judicis, upon which the authority to repeal a charter is based, has accrued. Commonwealth v. Pittsburgh and Connellsville Railroad Co., 58 P. S. 26. (c) To create, renew or extend a charter, within the meaning of this section, means, to make a charter which never existed before; to revive an old one which has expired; or to increase the time for the existence of one which would otherwise reach its limit at an earlier period. Cleveland, Painesville and Ashtabula Railroad Co. v. Erie, 27 P. S. 380, 388. see Moers v. Reading, 21 Ibid. 200. And (d) The exercise of the banking privilege of discounting notes by a saving-fund society, incorporated without such notice, renders the notes so discounted void, in their hands; such illegal action cannot be a ground of title. Saving and Loan Co. v. Conover, 5 Phila. 18. The privileges granted to building associations are not within this prohibition. Schober v. Accommodation Saving-Fund and Loan Association, 35 P. S. 223. Building Association v. Seemiller, Ibid. Kupfert v. Guttenberg Building Association, 30 Ibid. 465. The word "discounting" is to be understood in its banking sense, and is confined to dealing in promissory notes and negotiable paper. Lycoming Fire Insurance Co. v. Newcomb, 4 Leg. Gaz. 409. 925 n. (e) See Pittsburgh and Connellsville Railroad Co. v. Southwest Pennsylvania Railroad Co., 77 P. S. 173. whom, the names of the owners of its stock, and the amounts owned by them, Art. 17. Sect. 2. respectively, the transfers of said stock, and the names and places of residence of its officers. 200. All individuals, associations and corporations shall have equal right to have Art. 17. Sect. 3. persons and property transported over railroads and canals, and no undue or Discriminating unreasonable discrimination shall be made, in charges for, or in facilities for, charges forbidden. transportation of freight or passengers, within the state, or coming from or going to any other state. Persons and property transported over any railroad, shall be delivered at any station, at charges not exceeding the charges for transportation of persons and property of the same class, in the same direction, to any more distant station; but excursion and commutation tickets may be issued, at special rates. 201. No railroad, canal or other corporation, or the lessees, purchasers or Art. 17. Sect. 4. managers of any railroad or canal corporation, shall consolidate the stock, property Consolidations foror franchises of such corporation, with, or lease or purchase the works or franchises bidden. of, or in any way control, any other railroad or canal corporation, owning, or hav-, ing under its control, a parallel or competing line; (g) nor shall any officer of such railroad or canal corporation act as an officer of any other railroad or canal corporation, owning or having the control of a parallel or competing line; and the question whether railroads or canals are parallel or competing lines, shall, when demanded by the party complainant, be decided by a jury, as in other civil issues. 202. No incorporated company, doing the business of a common carrier, shall, Art. 17. Sect. 5. directly or indirectly, prosecute or engage in mining or manufacturing articles, for transportation over its works; nor shall such company, directly or indirectly, powers. engage in any other business than that of common carriers, or hold or acquire lands, freehold or leasehold, directly or indirectly, except such as shall be necessary for carrying on its business; but any mining or manufacturing company may carry the products of its mines and manufactories on its railroad or canal, not exceeding fifty miles in length. Limitation of Art. 17. Sect. 6. interested in con 203. No president, director, officer, agent or employee of any railroad or canal company, shall be interested, directly or indirectly, in the furnishing of material Officers not to be or supplies to such company, or in the business of transportation as a common carrier of freight or passengers over the works owned, leased, controlled or worked by such company. tracts. 204. No discrimination in charges, or facilities for transportation, shall be made Art. 17. Sect. 7. between transportation companies and individuals, or in favor of either, by abate- All preferences ment, drawback or otherwise; and no railroad or canal company, or any lessee, forbidden. manager or employee thereof, shall make any preferences, in furnishing cars or motive power. 205. No railroad, railway or other transportation company shall grant free Art. 17. Sect. 8. passes, or passes at a discount, to any person, except officers or employees of the company.(h) Free passes for- Street railways. 206. No street passenger railway shall be constructed within the limits of any city, borough or township, without the consent of its local authorities.(i) 207. No railroad, canal or other transportation company, in existence at the time of the adoption of this article, shall have the benefit of any future legislation, by general or special laws, except on condition of complete acceptance of all the Condition of future provisions of this article. legislation. 208. The existing powers and duties of the auditor-general, in regard to rail- Art. 17. Sect. 11. roads, canals and other transportation companies, except as to their accounts, are Duties of secretary hereby transferred to the secretary of internal affairs, who shall have a general of internal affairs. supervision over them, subject to such regulations and alterations as shall be provided by law; and, in addition to the annual reports now required to be made, said secretary may require special reports, at any time, upon any subject relating to the business of said companies, from any officer or officers thereof. 209. The general assembly shall enforce, by appropriate legislation, the pro- Appropriate legisvisions of this article. ARTICLE XVIII. Art. 17. Sect. 12. lation. OF FUTURE AMENDMENTS. 210. Any amendment or amendments to this constitution may be proposed in Art. 18. Sect. 1. the senate or house of representatives; and, if the same shall be agreed to by a How this constitumajority of the members elected to each house, such proposed amendment or tion may be amendments shall be entered on their journals, with the yeas and nays taken amended. thereon, and the secretary of the commonwealth shall cause the same to be published, three months before the next general election, in at least two newspapers in every county in which such newspapers shall be published; and if, in the general assembly next afterwards chosen, such proposed amendment or amendments (g) This does not embrace street railways. Shipley v. Continental R. R. Co., 13 Phila. 128. Gyger v. Railway Co., 26 W. N. C. 437. The lessee of a railroad may build and operate another road which competes with the leased road. Catawissa R. R. Co. v. P. & R. R. R. Co., 34 W. N. C. 11. (h) A traveller on a free pass may recover damages for negligence. Railroad Co. v. O'Hara, 3 Penny. 190. (i) The charter of a passenger railway company is not affected by this section. Railway Co.'s Appeal, 120 P. S. 1. Hays v. Commonwealth, 82 P. S. 518. Art. 18. Sect. 1. shall be agreed to by a majority of the members elected to each house, the secretary of the commonwealth shall cause the same again to be published in the manner aforesaid; and such proposed amendment or amendments shall be submitted to the qualified electors of the state, in such manner, and at such time, at least three months after being so agreed to by the two houses, as the general assembly shall prescribe; and if such amendment or amendments shall be approved by a majority of those voting thereon, such amendment or amendments shall become a part of the constitution; but no amendment or amendments shall be submitted oftener than once in five years. When two or more amendments shall be submitted, they shall be voted upon separately. Preamble. Sch. Sect. 1. When to take effect. Sch. Sect. 2. Former laws, &c., Sch. Sect. 3. SCHEDULE.(k) 211. THAT no inconvenience may arise from the changes in the constitution of the commonwealth, and in order to carry the same into complete operation, it is hereby declared, that — 212. This constitution shall take effect on the first day of January, in the year 1874, for all purposes not otherwise provided for therein. 213. All laws in force in this commonwealth at the time of the adoption of this constitution, not inconsistent therewith, and all rights, actions, prosecutions and to remain in force. contracts, shall continue as if this constitution had not been adopted. (1) 214. At the general election in the years 1874 and 1875, senators shall be elected in all districts where there shall be vacancies. Those elected in the year 1874 shall serve for two years, and those elected in the year 1875 shall serve for one year. Senators now elected, and those whose terms are unexpired, shall represent the districts in which they reside, until the end of the terms for which they were elected. Election of senators in 1874 and 1875. Sch. Sect. 4. Election of Senators in 1876. Sch. Sect. 5. Election of gov ernor. Sch. Sect. 6. Lieutenant-gov ernor. Sch. Sect. 7. Secretary of internal affairs. Sch. Sect. 8. Superintendent of public instruction. Sch. Sect. 9. Eligibility of present officers. Sch. Sect. 10. Judges of the supreme court. Sch. Sect. 11. Courts of record. Sch. Sect. 12. Registers' courts abolished. Sch. Sect. 13. Judicial districts. 215. At the general election in the year 1876, senators shall be elected from even numbered districts, to serve for two years, and from odd numbered districts, to serve for four years. 216. The first election of governor, under this constitution, shall be at the general election in the year 1875, when a governor shall be elected for three years; and the term of the governor elected in the year 1878, and of those thereafter elected, shall be for four years, according to the provisions of this constitution. 217. At the general election in the year 1874, a lieutenant-governor shall be elected, according to the provisions of this constitution. 218. The secretary of internal affairs shall be elected at the first general election after the adoption of this constitution; and, when the said officer shall be duly elected and qualified, the office of surveyor-general shall be abolished. The surveyor-general in office at the time of the adoption of this constitution, shall continue in office until the expiration of the term for which he was elected. 219. When the superintendent of public instruction shall be duly qualified, the office of superintendent of common schools shall cease. 220. Nothing contained in this constitution shall be construed to render any person now holding any state office for a first official term, ineligible for re-election, at the end of such term. 221. The judges of the supreme court in office when this constitution shall take effect, shall continue until their commissions severally expire. Two judges, in addition to the number now composing the said court, shall be elected at the first general election after the adoption of this constitution. 222. All courts of record, and all existing courts which are not specified in this constitution, shall continue in existence until the 1st day of December in the year 1875, without abridgment of their present jurisdiction, but no longer. The court of first criminal jurisdiction for the counties of Schuylkill, Lebanon and Dauphin, is hereby abolished; and all causes and proceedings pending therein in the county of Schuylkill, shall be tried and disposed of in the courts of oyer and terminer and quarter sessions of the peace of said county. 223. The registers' courts now in existence shall be abolished on the first day of January next succeeding the adoption of this constitution. 224. The general assembly shall, at the next session after the adoption of this constitution, designate the several judicial districts, as required by this constitution. The judges in commission when such designation shall be made, shall continue, during their unexpired terms, judges of the new districts in which they (k) The schedule is not a part of the constitution; its uses are temporary and auxiliary. Harrison v. Courtright, 4 Luz. L. Reg. 297; s. c. 7 Leg. Gaz. 406. It does not continue in office those whose offices are expressly abolished by the constitution. Elton v. Geissert, 10 Phila. 330. And see Commonwealth v. (7) This section saves rights and contracts, and not charters and grants of special and exclusive privileges. Lumber Co. v. Commonwealth, 100 P. S. 438. reside; but when there shall be two judges residing in the same district, the president judge shall elect to which district he shall be assigned, and the additional law judge shall be assigned to the other district. Sch. Sect. 13. Sch. Sect. 14. 225. The general assembly shall, at the next succeeding session after each decennial census, and not oftener, designate the several judicial districts, as required by Change of this constitution. (m) judicial districts. Sch. Sect. 15. 226. Judges learned in the law of any court of record, holding commissions in force at the adoption of this constitution, shall hold their respective offices until Judges in comthe expiration of the terms for which they were commissioned, and until their mission. successors shall be duly qualified. The governor shall commission the president judge of the court of first criminal jurisdiction for the counties of Schuylkill, Lebanon and Dauphin, as a judge of the court of common pleas of Schuylkill county, for the unexpired term of his office. 227. After the expiration of the term of any president judge of any court of Sch. Sect. 16. common pleas, in commission at the adoption of this constitution, the judge President judges. of such court, learned in the law, and oldest in commission, (n) shall be the president judge thereof; and when two or more judges are elected at the same time, in any judicial district, they shall decide by lot which shall be president judge; but when the president judge of a court shall be re-elected, he shall continue to be president judge of that court. Associate judges, not learned in the law, elected Associate judges. after the adoption of this constitution, shall be commissioned to hold their offices for the term of five years from the first day of January next after their election. 228. The general assembly, at the first session after the adoption of this consti- Sch. Sect. 17. tution, shall fix and determine the compensation of the judges of the supreme Compensation of court, and of the judges of the several judicial districts of the commonwealth; and judges to be fixed. the provisions of the thirteenth section of the article on legislation shall not be deemed inconsistent herewith. Nothing contained in this constitution shall be held to reduce the compensation now paid to any law judge of this commonwealth now in commission. Sch. Sect. 18. Philadelphia. 229. The courts of common pleas in the counties of Philadelphia and Allegheny, shall be composed of the present judges of the district court and court of common Courts of Philapleas of said counties, until their offices shall severally end, and of such other judges delphia and Alleas may, from time to time, be elected. For the purpose of first organization in gheny. Philadelphia, the judges of the court number one, shall be Judges Allison, Pierce Organization in and Paxon; of the court number two, Judges Hare, Mitchell and one other judge, to be elected; of the court number three, Judges Ludlow, Finletter and Lynd; and of the court number four, Judges Thayer, Briggs and one other judge, to be elected. The judge first named shall be the president judge of said courts respectively, and thereafter, the president judge shall be the judge oldest in commission; but any president judge re-elected in the same court or district, shall continue to be president judge thereof. The additional judges for courts numbers two and four, shall be voted for and elected at the first general election after the adoption of this constitution, in the same manner as the two additional judges of the supreme court, and they shall decide by lot to which court they shall belong. Their term of office shall commence on the first Monday of January in the year 1875. 230. In the county of Allegheny, for the purpose of first organization under this constitution, the judges of the court of common pleas, at the time of the adoption of this constitution, shall be the judges of the court number one, and the judges of the district court, at the same date, shall be the judges of the common pleas number two. The president judges of the common pleas and district court shall be president judge of said courts number one and two, respectively, until their offices shall end; and thereafter, the judge oldest in commission shall be president judge; but any president judge re-elected in the same court or district, shall continue to be president judge thereof. Sch. Sect. 19. Organization in Allegheny. Sch. Sect. 20. 231. The organization of the courts of common pleas under this constitution, for the counties of Philadelphia and Allegheny, shall take effect on the first Monday When to take of January 1875, and existing courts in said counties shall continue, with their effect. present powers and jurisdiction, until that date; but no new suits shall be instituted in the court of nisi prius after the adoption of this constitution. 232. The causes and proceedings pending in the court of nisi prius, court of common pleas, and district court in Philadelphia, shall be tried and disposed of in the court of common pleas. The records and dockets of said courts shall be transferred to the prothonotary's office of said county. 233. The causes and proceedings pending in the court of common pleas in the county of Allegheny, shall be tried and disposed of in the court number one; and the causes and proceedings pending in the district court, shall be tried and disposed of in the court number two. Sch. Sect. 21. Transfer of causes. Sch. Sect. 22. Trial of pending causes. Sch. Sect. 23. Prothonotary of 234. The prothonotary of the court of common pleas of Philadelphia shall be first appointed by the judges of said court, on the first Monday of December in Philadelphia. (m) The legislature had power by the act 11 June 1879, to declare that new counties should constitute separate judicial districts. Commonwealth v. Judges, 6 Law Times (N. S.) 195. (n) This means "oldest in continuous service." Commonwealth v. Pattison, 2 Del. 324. |