Lawrence, Lear, Lilly, Littleton, M'Murray, Metzger, Palmer, G. W., Palmer, H. W., Patterson, D. W., Patton, Purman, Read, John R., Reed, Andrew, Reynolds, Rooke, Ross, Sharpe, Smith, Henry W., Smith, Wm. H., Stewart, Wetherill, J. M., Wetherill, John Price Wherry, White, David N., and Worrell-48. So the question was determined in the negative. ABSENT.-Messrs. Addicks, Ainey, Andrews, Baily, of Perry, Bannan, Bardsley, Bartholomew, Bowman, Brown, Bullitt, Calvin, Campbell, Carey, Cassidy, Church, Collins, Craig, Cuyler, Dallas, Dodd, Dunning, Finney, Green, Harvey, Hazzard, Hemphill, Heverin, Hunsicker, Long, Mac Veagh, M'Camant, M'Clean, M'Culloch, Minor, Mitchell, Mott, Newlin, Niles, Porter, Pughe, Runk, Russell, Stanton, Struthers, Woodward and Meredith, President. And the question again recurring, Shall the article be transcribed for a third reading? A motion was made by Mr. H. W. Palmer, To add a new section as follows, viz: "In counties where associate judges shall be authorized by law, such judges shall be chosen in the year 1877, and every fifth year thereafter, in the same manner as inspectors of election under this Constitution. Any casual vacancy in the said ofice shall be filled by the Governor, by the appointment for the unexpired term of an elector of the proper county, who shall have voted for the officer whose place is to be filled." Which was not agreed to. And the question again recurring, Shall the article be transcribed for a third reading? A motion was made by Mr. Andrew Reed and Mr. Stewart, To re-consider the vote by which the twenty-third section was adopted. Which was not agreed to. And the question again recurring, Shall the article be transcribed for a third reading? A motion was made by Mr. Hall, To add a new section, as follows, viz: "The parties, by agreement filed, may in any civil case, dispense with the trial by jury, and submit the decision of such case to the court having jurisdiction thereof, and such court shall hear and determine the same. The evidence taken and the law as declared shall be filed of record, with right of appeal from the final judgment, as in other cases, and with. like effect as appeals in equity." On the question, Will the Convention agree to the motion? The yeas and nays were required by Mr. Boyd and Mr. Broomall, and were as follow, viz: YEAS. Messrs. Achenbach, Armstrong, Baer, Barclay, Beebe, Boyd, Brodhead, Broomall, Buckalew, Bullitt, Carter, Cochran, Corbett, Corson, Cronmiller, Curry, Curtin, Davis, De France, Dunning, Edwards, Fell, Finney, Fulton, Gilpin, Guthrie, Hall, Howard, Landis, Lear, Lilly, MacConnell, M'Clean, M'Culloch, Mantor, Patterson, D. W., Patterson, T. H. B., Patton, Reynolds, Ross, Simpson, Smith, Wm. H., Turrell, White, J. W. F., and Wright-45. NAYS. Brown, Messrs. Alricks, Bailey, of Huntingdon, Baker, Biddle, Black, J. S., Clark, Darlington, Elliott, Ellis, Ewing, Funck, Gibson, Hanna, Hay, Horton, Kaine, Lamberton, Lawrence, M'Murray, Mann, Metzger, Palmer, G. W., Palmer, H. W., Parsons, Purman, Purviance, Jno. N., Read, John R., Reed, Andrew, Rooke, Sharpe, Smith, Henry W., Stewart, Van Reed, Walker, Wetherill, J. M., Wetherill, John Price, Wherry, White, David N., White, Harry, and Worrell-41. So the question was determined in the affirmative. ABSENT.-Messrs. Addicks, Ainey, Andrews, Baily, of Perry, Bannan, Bardsley, Bartholomew, Bigler, Black, Charles A., Bowman, Calvin, Campbell, Carey, Cassidy, Church, Collins. Craig, Cuyler, Dallas, Dodd, Green, Harvey, Hazzard, Hemphill, Heverin, Hunsicker, Knight, Littleton, Long, MacVeagh, M'Camant, Minor, Mitchell, Mott, Newlin, Niles, Porter, Pughe, Purviance, Sam'l A., Runk, Russell, Smith, H. G., Stanton, Struthers, Temple, Woodward and Meredith, President. And the question again recurring, Shall the article be transcribed for a third reading? A motion was made by Mr. Funck, To add a new section, as follows, viz: "The Legislature shall have authority to abolish the office of associate judge after the term of office of the present incumbents shall have expired." Which was agreed to. And the question again recurring, Shall the article be transcribed for a third reading? A motion was made by Mr. Cochran and Mr. Baer, To re-consider the vote by which the twenty-third section was adopted. On the question, Will the Convention agree to the motion? The yeas and nays were required by Mr. Corbett and Mr. Broomall, and were as follow, viz: YEAS. Messrs. Baer, Bailey, of Huntingdon, Brown, Buckalew. Carter, Clark, Cochran, Corson, Cronmiller, Curry, Darlington, Davis, Dunning, Ellis, Ewing, Fell, Finney, Fulton, Funck, Gibson, Gilpin, Guthrie, Hall, Hanna, Howard, Kaine, Lamberton, Landis, Lawrence. M'Clean, Palmer, G. W., Palmer, H. W., Patterson, D. W., Patton, Pughe, Purman, Read, John R., Reed, Andrew, Reynolds, Ross, Smith, H. G., White, Harry, White, J. W. F., and Wright-44. NAYS. Messrs. Achenbach, Alricks, Armstrong, Barclay, Beebe, Biddle, Black, J. S., Boyd, Brodhead, Broomall, Bullitt, Corbett, Curtin, De France, Edwards, Elliott, Hay, Horton, Lear, Lilly, MacConnell, M'Culloch, M'Murray, Mann, Mantor, Metzger, Parsons, Patterson, T. H. B., Purviance, John N., Rooke, Sharpe, Simpson, Smith, Henry W., Smith, Wm. H., Stewart, Turrell, Walker, Wetherill, J. M., Wetherill, John Price, Wherry, White, David N., and Worrell-42. So the question was determined in the affirmative. ABSENT.-Messrs. Addicks, Ainey, Andrews, Baily, of Perry, Baker, Bannan. Bardsley, Bartholomew, Bigler, Black, Charles A., Bowman, Calvin, Campbell, Carey, Cassidy, Church, Collins, Craig, Cuyler, Dallas, Dodd, Green, Harvey, Hazzard, Hemphill, Heverin, Hunsicker, Knight, Littleton, Long, MacVeagh, M'Camant, Minor, Mitchell, Mott, Newlin, Niles, Porter, Purviance, Sam'l A., Runk, Russell, Stanton, Struthers, Temple, Van Reed, Woodward and Meredith, President. And the section being again before the Convention, And the question again recurring, Will the Convention agree to the section as amended? A motion was made by Mr. Cochran, To amend the same, in the seventeenth line, by inserting after the word "court,” the words, "in those counties in which separate orphans' courts shall be established." On the question, Will the Convention agree so to amend ? The hour of six o'clock having arrived, The President pro tem. adjourned the Convention until to-morrow morning at nine o'clock. Attest: L. ROGERS, A. D. HARLAN, D. L. IMBRIE, Clerk. Assistant Clerks. THURSDAY, JULY 10, 1873. Mr. Howard asked and obtained leave of absence for Mr. Beebe for a few days from to-day, on account of ill-health. Mr. Darlington asked and obtained leave of absence for Mr. Hemphill for the balance of the week. Mr. Curtin presented the following telegram, which was read, viz: GETTYSBURG, PA., July 9, 1873. To Hon. J. S. BLACK and ANDREW G. CURTIN, Constitutional Convention, Philadelphia: Gettysburg offers a suitable hall, desks and chairs, and as good hotel accommodation as in Philadelphia. Our railroad tenders free transit. So please come. E. HARMON. Laid on the table. On motion of Mr. Stanton, The thanks of the Convention was tendered for said invitation. Mr. Hay, from the Committee on Accounts and Expenditures of the Convention, made a report, which was read as follows, viz: The Committee on Accounts and Expenditures of the Convention respectfully report, that the committee has carefully examined the account of John Sartain, dated June 23, 1873, for engraving portrait and signature of Hugh N. M'Allister, $77 50; the account of Henry Sartain, for printing five hundred copies of said portrait, $7 50; and the account of William W. Harding, dated July 7, 1873, for printing five hundred copies of the Memorial volume to Mr. M'Allister, $225. That the said accounts are all certified by the Committee on Printing and Binding of the Convention, which committee was authorized to have said Memorial volume prepared and printed. The total cost of this volume, five hundred copies, three hundred and ten dollars, it is believed is very moderate, and even less than the Memorial volume to Col. William Hopkins, and its appearance, printing and binding are very creditable. The following resolution is accordingly reported: Resolved, That the accounts above mentioned are hereby approved, and that warrants be issued to William W. Harding for $225, to John Sartain for $77 50, and to Henry Sartain for $7 50, for payment thereof. On motion of Mr. Hay, Said resolution was twice read, considered and agreed to. He also made a report from the same committee, which was read as follows, viz : The Committee on Accounts and Expenditures of the Convention respectfully report: That it has examined the account of William W. Harding, dated June 27, 1873, for two hundred reams of paper, amounting to fifteen hundred dollars. That the contract of said Harding with the Convention, required him to furnish paper in such quantities as might be ordered by the Committee on Printing and Binding of the Convention; that the paper mentioned in said accounts was furnished under the order of the said committee, and the bill approved by them: that the paper has been actually received by the printer as appears by his receipt. The following resolution is accordingly reported, viz: Resolved, That the above mentioned account of William W. Harding, for two hundred reams of paper, amounting to $1,500, is hereby approved; and that a warrant be drawn in his favor for the said sum in payment thereof. On motion of Mr. Hay, Said resolution was twice read, considered and agreed to. Mr. Niles, from the Committee on the Legislature, made a report, which was read as follows, viz: The Committee on the Legislature, to which was referred the resolution of the delegate from Fayette, (Mr. Kaine,) instructing said committee to consider and report upon the expediency of incorporating a provision in the Constitution locating the Capital of the State permanently at Harrisburg, beg leave to report the the following section, with a recommendation that it be adopted: "No law changing the present location of the Capital of the State, at Harrisburg, shall be valid until the same shall have been submitted to the people at a general election, and ratified and approved by them." Laid on the table. Mr. Dallas, from the same committee, submitted a minority report, which was read as follows, viz: The undersigned, members of the Committee on the Legislature, respectfully dissent from the report of the majority of that committee upon the subject of the locality of the Capital of the State, and respectfully recommend that the word Philadelphia should be substituted for Harrisburg, where it occurs in the resolution which accompanies said report of the majority of said commit ee. GEO. M. DALLAS, JULY 3, 1873. Laid on the table. Agreeably to order, The Convention resumed the second reading and consideration of the article reported from the Committee on the Judiciary. And the question recurring, Will the Convention agree to the amendment offered by Mr. Cochran to the twenty-third section?-by inserting after the word "court," in the seventeenth line, the words, "in those counties in which separate orphans' courts shall be established." A motion was made by Mr. Cochran, To amend the amendment, by striking out from the word "court," in the sixteenth line, to and including the word "court," in the eighteenth line, and inserting in lieu thereof as follows, viz: "When there is any dispute about any account filed, or about the distribution of the estate of any decedent, in any separate orphans' court, such dispute shall be determined by such court without an auditor, and." On the question, Will the Convention agree so to amend the amendment? The yeas and nays were required by Mr. Cochran and Mr. Landis, and were as follow, viz: YEAS. Messrs. Achenbach, Baer, Baily, of Perry, Bailey, of Huntingdon, Barclay, Black, Charles A., Buckalew, Carey, Carter, Cochran, Corson, Cronmiller, Curry, Curtin, Davis, De France, Ellis, Fulton, Funck, Gibson, Gilpin, Green, Hall, Horton, Lamberton, Landis, Lawrence, MacConnell, M'Clean, M'Culloch, Patterson, D. W., Patton, Purviance, John N., Reynolds, Rooke, Ross, Smith, H. G., Smith, Henry W., Wetherill, John Price, and White, Harry—40. NAYS. Messrs. Alricks, Armstrong, Beebe, Biddle, Bigler, Boyd, Brodhead, Broomall, Brown, Bullitt, Clark, Corbett, Dallas, Darlington, Edwards, Elliott, Guthrie, Hanna, Howard, Kaine, Lear, Lilly, Long, M'Murray, Mann, Mantor, Niles, Palmer, G. W., Palmer, H. W., Parsons, Patterson, T. H. B., Pughe, Purman. Purviance, Sam'l A., Reed, Andrew, Sharpe, Simpson, Smith, Wm. H., Stanton, Stewart, Temple, Turrell, Van Reed, Walker, Wetherill, J. M., Wherry and White, David N.-46. So the question was determined in the negative. ABSENT.-Messrs. Addicks, Ainey, Andrews, Baker, Bannan, Bardsley, Bartholomew. Black, J. S., Bowman, Calvin, Campbell, Cassidy, Church, Collins, Craig, Cuyler, Dodd, Dunning, Ewing, Fell, Finney, Harvey, Hay, Hazzard, Hemphill, Heverin, Hunsicker, Knight, Littleton, MacVeagh, M'Camant, Metzger, Minor. Mitchell, Mott, Newlin, Porter, Read, John R., Runk, Russell, Struthers, White, J. W. F., Woodward, Worrell, Wright and Meredith, Presi dent. And the question again recurring, Will the Convention agree so to amend? The yeas and nays were required by Mr. Cochran and Mr. Kaine, and were as follow, viz: YEAS. Messrs. Baily, of Perry, Bailey, of Huntingdon, Black, Charles A., Buckalew, Carey, Carter, Cochran, Corson, Cronmiller, Curry, Davis, Ellis, Fulton, Funck, Gilpin, Green, Hall, Horton, Kaine, Lamberton, Landis, Lilly, M'Cullough, Palmer, G. W., Palmer, H. W., Patterson, D. W., Patton, Pughe, Purviance, John N., Read, John R., Reynolds, Ross, Wetherill, Jno. Price, and White, Harry-34. NAYS. Messrs. Achenbach, Alricks, Armstrong, Baer, Barclay, Beebe, Biddle, Bigler, Black. J. S., Boyd, Brodhead, Broomall, Brown, Bullitt, Campbell, Clark, Corbett, Dallas, Darlington, De France, Dunning, Edwards, Elliott, Guthrie, Hanna, Howard, Lawrence, Lear, Long, MacConnell, M'Clean, M'Murray, Mann, Mantor, Newlin, Niles, Parsons, Patterson, T. H. 6., Purman, Purviance, Sam'l A., Reed, Andrew, Rooke, Sharpe, Simpson, Smith, Henry W., Smith, Wm. H., Stanton, Stewart, Temple, Turrell, Van Reed, Walker, Wetherill, J. M., Wherry, White, David N., and White, J. W. F.-56. So the question was determined in the negative. ABSENT.-Messrs. Addicks, Ainey, Andrews, Baker, Bannan, Bardsley, Bartholomew, Bowman, Calvin, Cassidy, Church, Collins, Craig, Curtin. Cuyler, Dodd, Ewing, Fell, Finney, Gibson, Harvey, Hay, Hazzard, Hemphill, Heverin, Hunsicker, Knight, Littleton, MacVeagh, M'Camant, Metzger, Minor, Mitchell, Mott, Porter, Runk, Russell, Smith, H. G., Struthers, Woodward, Worrell, Wright and Meredith, President. |