No. 33. AN ACT To give to petitioners for charters of incorporation of the first class, applied for under the act of April twenty-ninth, one thousand eight hundred and seventy-four, the right of appeal to the Supreme Court from the decision of any court of common pleas or of any law judge thereof of this Commonwealth. SECTION 1. Be it enacted, &c., That in every case where the application for the charter of incorporation of the first class, under the act of April twenty-ninth, one thousand eight hundred and seventy-four, is refused by any law judge of any court of common pleas of this Commonwealth on the ground that the same is not lawful or on the ground that it is injurious to the community, such judge or court shall, at the request of the petitioners or of their solicitor, file within ten days of such refusal with the prothonotary of said court a written opinion setting forth in detail the grounds of the refusal to grant such charter of incorporation. SECTION 2. The petitioners for a charter of incorporation of the first class, under the act of April twenty-ninth, one thousand eight hundred and seventy-four, whose application has been or may be hereafter refused by any law judge or court of common pleas, may within thirty days after the filing of the written opinion required by the first section of this act, without entering any security, issue a writ in the nature of an appeal out of the Supreme Court directing and requiring the prothonotary of the court of common pleas refusing such application to transmit to the prothonotary of the Supreme Court of the proper district on or before the first Monday of the month next ensuing for review by the Supreme Court such application, together with all other papers on file regarding such application, and also the written opinion of the court refusing to grant such charter of incorpo ration. AMOS H. MYLIN, President pro tem. of the Senate. JAMES L. GRAHAM, Speaker of the House of Representatives. EXECUTIVE DEPARTMENT, COMMONWEALTH OF Pennsylvania, OFFICE OF THE GOVERNOR, I herewith file, with my objections, in the office of the Secretary of the Commonwealth, Senate bill No. 47, entitled "An act to give to petitioners for charters of incorporation of the first class, applied for under the act of April twenty-ninth, one thousand eight hundred and seventy-four, the right of appeal to the Supreme Court from the decision of any court of common pleas or of any law judge thereof in this Commonwealth." This bill is an innovation of a serious character upon the practice of the courts and the principles of our jurisprudence. It gives a right of appeal without security from the exercise of the discretion vested in the judges by the act of one thousand eight hundred and seventy-four, in the matter of granting charters of corporations of the first class. The act of one thousand eight hundred and seventy-four requires that the court or judge shall be satisfied that the corporation applied for is lawful, and its purposes not injurious to the community; and must so endorse on the application before the parties applying can become a corporation. The power thus vested is a purely discretionary one; the proceedings are generally ex parte; the question is one generally applying entirely to the conscience of the judges, and it would be against public policy, contrary to the principles of law, and promotive of an irregular sort of litigation burthensome to the business of the courts to give parties an appeal in such case. The bill itself is very incomplete and informal in its provisions; and, aside from the objections to its purpose and policy, is open to many criticisms upon its details. The fact that the appeal may be taken without security is objectionable. The State, through the Attorney General, would be the appellee in such appeals, and the Commonwealth ought to be protected by adequate security from vexatious or fruitless litigation. ROBT. E. PATTISON. No. 31. To repeal section two and a portion of section three of an act entitled "A supplement to the several acts relating to the borough of Uniontown, Fayette county," approved the eleventh day of May, Anno Domini one thousand eight hundred and seventy one SECTION 1. Be it enacted, &c., That the second section of the act entitled "A supplement to the several acts relating to the borough of Uniontown, Fayette county," which reads as follows: "That the next election in said borough, and annually thereafter, there shall be chosen by vote at large in said borough, six members of council, two assessors of taxes, and two constables; and the said councilmen, assessors, and constables shall be elected under the provisions and in the manner prescribed by the fourth section of the act of March fourth, one thousand eight hundred and seventy, entitled 'An act to define the limits and to organize the town of Bloomsburg,' and vacancies in said offices shall be filled pursuant to the provisions of the fifth section of the same act by the court of quarter sessions of Fayette county. Also that portion of section three of the same act which reads as follows: 'And the school-directors and auditors shall be voted for and chosen in the same manner as the officers mentioned in the second section of this act,'" be and the same is hereby repealed. JAMES L. GRAHAM, Speaker of the House of Representatives. AMOS H. MYLIN, President pro tem. of the Senate. EXECUTIVE DEPARTMENT, COMMONWEALTH OF PENNSYLVANIA, OFFICE OF THE Governor, I herewith file, with my objections, in the office of the Secretary of the Commonwealth, House bill No. 77, entitled "An act to repeal section two and a portion of section three of an act entitled 'A supplement to the several acts relating to the borough of Uniontown, Fayette county,' approved the eleventh day of May, Anno Domini one thousand eight hundred and seventy-one." Under the act of 1871 named, the councilmen, assessors, and constables of the borough of Uniontown, Fayette county, have since that year been elected on what is known as "the plan of the free vote," which had been incorporated the year before into "An act to define the limits and organize the town of Bloomsburg." The object of this plan was to secure minority representation in municipal affairs, and this it undoubtedly has secured. This bill was introduced by a Representative from another county, and there has been no intimation given to me by the citizens of Uniontown that a repeal of the existing law is desired. On the contrary, I am informed that the operation of the law has given general satisfaction, and that there is no general desire for its repeal. I therefore decline to approve this bill. ROBT. E. PATTISON. No. 35. A SUPPLEMENT To an act entitled "An act to provide for the submission of civil cases by agreement of the parties to a referee learned in the law," authorizing the trial of civil cases before a referee by jury. SECTION 1. Be it enacted, &c., That in any civil case now pending in any of the courts of this Commonwealth, or hereafter to be commenced after issue joined the parties thereto, excepting those acting in a fiduciary capac ity, may, by agreement filed in the proper office when the suit is pending, by written agreement submit the case to the decision of any judge of any court of this Commonwealth, or any person learned in the law who is authorized to act as an attorney in the Supreme Court of this State as referee, and may in said agreement dispense with trial by jury or elect to try the case before the referee so chosen by jury in like manner and with like force and effect as if the said case were tried before the court in which the said case is pending. SECTION 2. If the parties shall elect to try the case before such referee by jury, the jury may be selected in the usual manner from any panel of jurors summoned to try civil cases. SECTION 3. Cases tried before a referee and jury shall be proceeded in, in the same manner and subject to the same rules and practice and with like force and effect to all intents and purposes as cases tried before the court or president judge thereof in which such suits were brought and are pending, and the verdict and judgment thereon, with what pertains to it, shall be filed of record in the case, and shall in like manner and to the same extent be subject to exceptions and writ of error, and subject to the same control by the Supreme Court as cases tried before the court in which such suits were brought or pending or the president judge thereof. SECTION 4. In all cases upon the special list or which the judges of the court wherein they are pending are not competent to try them, the expenses of trial shall be paid in the same manner as if tried before special courts under existing laws of this Commonwealth, and in all other cases all the expenses shall be paid in like manner as if tried before the court or the judges thereof in which the cases are pending, except the fees of the referee, which shall be paid by the parties in the manner provided in the act to which this is a supplement. AMOS H. MYLIN, President pro tem. of the Senate. JAMES L. GRAHAM, Speaker of the House of Representatives. EXECUTIVE DEPARTMENT, COMMONWEALTH OF PENNSYLVANIA, OFFICE OF THE Governor, I herewith file, with my objections, in the office of the Secretary of the Commonwealth, Senate bill No. 83, entitled "A supplement to an act entitled 'An act to provide for the submission of civil cases by agreement of the parties to a referee learned in the law,' authorizing trial of civil cases before a referee by jury." The title to this bill fails to give the date of approval of the act to which it is a supplement. This is probably not a fatal defect, but it is an omis sion calculated to occasion considerable inconvenience. It is true the date of approval would only serve the purpose of identification, as it is strictly no part of an act, though necessary to give it validity, and in some cases important, as the date at which, or within a certain time from which, the law becomes operative. If there were, as it is quite possible there might be, two or more acts of the same title, a supplement which did not recite the date of approval of the act to which it was intended to be a supplement might lead to doubt and litigation of a serious character. The draughtsman of this bill, therefore, has, in omitting the date of approval, made an innovation upon a correct legislative custom that it would be unwise to follow. A measure word for word identical with this, except in one particular, was passed by the Legislature at the session of one thousand eight hunded and eighty-three, and was filed by the Executive, with the reasons for his disapproval, in the proper office on the nineteenth of June, one thousand eight hundred and eighty-three. I refer to that paper, so far as it is applicable, for my reasons for withholding my signature from this bill. The measure before me authorizes parties to any civil case pending in any court to agree in writing to submit their case for trial to a referee learned in the law, and a jury to be drawn from the panel in attendance on the court. The referee may take the jury to his office, and there try the case to all intents and purposes the same as the regular judge of the court in which the case is pending, and with like effect. I deem it unnecessary to again set out at length my objections to the underlying object of this bill. It is sufficient here to say that I do not believe the administration of justice would be benefited or public respect for the judicial system promoted by authorizing, as this bill does, innumerable little courts, presided over by innumerable attorneys, to be sitting throughout the Commonwealth trying causes in place of the regularly appointed ministers of justice. There still lingers in the popular mind a wholesome respect for the dignity and solemnity of trial by judge and jury. It is better to preserve this sentiment, if possible, rather than dissipate it entirely by constituting the numerous petty, shifting, and temporary legal tribunals this bill would authorize. ROBT. E. PATTISON No. 36. AN ACT Supplementary to an act entitled "An act in relation to persons imprisoned under sentence for offenses against the laws of Pennsylvania," approved May twenty-first, Anno Domini one thousand eight hundred and sixty-nine. SECTION 1. Be it enacted, &c., That section one of the act of Assembly approved May twenty-first, one thousand eight hundred and sixty-nine, en. titled "An act in relation to persons imprisoned under sentence for offense against the laws of Pennsylvania," which reads as follows: "That all prisoners who have been or shall hereafter be convicted of any offense against the laws of the State of Pennsylvania and confined in any State prison or penitentiary in execution of judgment or sentence upon such conviction, who so conduct themselves that no charge of misconduct shall be sustained against them, shall, if the Governor shall so direct, have a deduction of one month on each of the first two years, of two months on each succeeding year to the fifth year, and of three months on each following year to the tenth year, and of four months on each remaining year of the term of their sentence, and shall be entitled to their discharge so much the sooner upon the certificate of the warden or principal keeper of such prison or penitentiary, with the approval of the board of inspectors of the same," be and the same is hereby amended to read as follows: SECTION 1. That all prisoners who have been or shall hereafter be convicted of any offenses against the laws of the State of Pennsylvania and confined in any prison or penitentiary in said State in execution of the judgment or sentence upon such conviction, who so conduct themselves that no charge of misconduct for violation of the rules and regulations of said prison or penitentiary shall be sustained against them, shall, if the Governor shall so direct, have a deduction of two months on each of the first two years, of four months on the third and fourth years each, and of five months on each remaining year of the term of their sentence: Provided, That a similar deduction shall be allowed for the fractional parts of a year, excepting the first year, in which year no deduction shall be made for a fractional part, and that it shall be lawful for the inspectors of said prisons or penitentiaries if any such convicts or prisoners shall willfully infringe or violate any of said rules or regulations, or offend in any other way against the laws, rules, and regulations of the institution in which he or she may be confined, to strike off the whole or any part of the deduction which may have been obtained previous to the date of such offense, and said prisoners shall be entitled to their discharge so much the sooner upon the certificate of the warden or principal keeper of such prison or penitentiary, with the approval of the board of inspectors of the same. SECTION 2. That every person who shall be sentenced to cumulative terms of imprisonment upon two or more convictions, which terms shall aggre gate one year or more, shall be entitled to the same commutation, though sentenced for a single term of the same as the aggregate of such cumulative sentence. AMOS H. MYLIN, President pro tem. of the Senate. JAMES L. GRAHAM, Speaker of the House of Representatives. |