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Mr. BUCKALEW. I move further to amend, by striking out the word "only," in the third line, and inserting "no more than."

The amendment was agreed to.

Mr. BUCKALEW. I move further to amend the sentence beginning with "casual vacanies," in the fifth line, so as to make it read: "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 occurs." These are merely verbal alterations.

The amendment was agreed to.

Mr. NILES. I do not rise to make a speech, for I suppose we all have our minds made up on this subject. I simply desire to call for the yeas and nays on the adoption of the section.

Mr. STANTON. I second the call. Mr. HANNA. Will the gentleman withdraw the call for a moment?

Mr. NILES. Certainly.

Mr. HANNA. I move further to amend by striking out the word "casual" in the fifth line.

Mr. BUCKALEW. That is a distinction from regular vacancies by expiration of term. It is used in several other articles of the Constitution.

Mr. HANNA. I withdraw the amend⚫ment.

election of an officer who is not provided for in the article.

Mr. J. M. BAILEY. One of the amendments moved by the gentleman from Columbia will include directors of the poor. Three county commissioners, three county auditors, and three directors of the poor in each county where such officers are chosen. That will include directors of the poor, I am sure.

Mr. J. PRICE WETHERILL. We have in the city of Philadelphia some thirteen guardians of the poor, and I should like to know how that will apply to the city of Philadelphia. I trust the amendment will be voted down.

The amendment was rejected.

The PRESIDENT pro tem. The question recurs on the section.

Mr. NILES. I renew the call for the yeas and nays.

Mr. STANTON and Mr. HUNSICKER. I second the call.

Mr. EWING. I desire to state that I am paired on this question with Governor Bigler. He would have voted "yea" and I should have voted "nay."

The question being taken by yeas and nays, resulted, yeas forty-eight, nays twenty-eight, as follows:

YEAS.

Messrs. Achenbach, Alricks, Arm

Mr. NILES. I renew the call for the strong, Baer, Bailey, (Huntingdon,) Baryeas and nays.

Mr. J. M. BALLEY. I move further to amend by adding after the word "auditors," in the first line, the words, "and three directors of the poor," and also by inserting after the word "auditors," in the sixth line, "and directors of the poor."

clay, Biddle, Black, Charles A., Brown, Buckalew, Bullitt, Campbell, Carey, Carter, Church, Clark, Corson, Cronmiller, Curtin, De France, Dodd, Elliott, Ellis, Finney, Fulton, Guthrie, Hall, Hemphill, Hunsicker, Kaine, Lamberton, Landis, Lilly, Mann, Mitchell, Mott, Palmer, G. W., Palmer, H. W., Patton,

Mr. HUNSICKER. I hope that will not Purman, Read, John R., Reed, Andrew, be done.

Mr. J. M. BAILEY. We have in our part of the State directors of the poor, and I insist on the amendment because there is not a bit more reason why this section should apply to county commissioners and auditors than that it should apply to directors of the poor, and I do not wish to have myself on the record as voting to apply it to these two offices and not to the other.

The PRESIDENT pro tem. The question is on the amendment offered by the delegate from Huntingdon.

Mr. NILES. There is no such office provided for in the first section of this artiele, and consequently if we adopt this amendment we shall be providing for the

Smith, H. G., Turrell, Wherry, Woodward Worrell and Wright-48.

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Cochran, Collins, Corbett, Craig, Cuyler, Dallas, Davis, Dunning, Edwards, Ewing, Funck, Gibson, Gilpin, Green, Harvey, Hay, Heverin, Howard, Lear, Littleton, Long, MacVeagh, M'Camant, M'Culloch, M'Murray, Mantor, Metzger, Newlin, Parsons, Patterson, T. H. B., Pughe, Purviance, John N., Ross, Runk, Sharpe, Smith, Wm. H., Stewart, Temple, Van Reed, Wetherill, J. M., White, David N., White, J. W. F. and Meredith, President-57.

The eighth section was read as follows: SECTION 8. The terms of office of all

county officers shall begin on the first Monday of December next after their

election.

Mr. S. A. PURVIANCE. In view of the fact that we have changed the general election from October to November, I move that "December" be stricken out and "January" inserted.

The amendment was agreed to. The section as amended was agreed to. The PRESIDENT pro tem. The article is gone through with.

Mr. S. A. PURVIANCE. I move that it be referred to the Committee on Revision and Adjustment.

The motion was agreed to.

LEAVES OF ABSENCE.

Mr. ALRICKS. Mr. President: I ask leave to make a motion at this time. ["No." "No." "Yes." "Yes."]

The PRESIDENT pro tem. Shall the delegate have leave to make a motion.

Mr. J. PRICE WETHERILL. I hope the delegate will state it for the information of the Convention before he has leave.

Mr. ALRICKS. Mr. J. M. Wetherill stated this morning that he was not well, and he asked to be excused for to-morrow. The Chair said he was too late. I hope gentlemen do not suspect me of desiring to make an improper motion.

Leave was granted to make the motion; and leave of absence was obtained for Mr. J. M. Wetherill.

Mr. H. W. PALMER. I ask for leave of absence for Mr. Dunning on account of sickness in his family, for a few days from to-day.

Leave was granted.

Mr. HUNSICKER. I move that the Convention do now adjourn to meet on Monday morning, at 10 o'clock.

Mr. ALRICKS. I move to amend that by saying "to meet at Harrisburg."

The amendment was not agreed to.

The PRESIDENT pro tem. It is moved that the house adjourn until Monday, at 10 o'clock.

Mr. RUSSELL. I call for the yeas and

nays.

Mr. HUNSICKER. I second the call. The PRESIDENT pro tem. The Clerk will call the names of members on the motion.

The yeas and nays were taken with the following result:

YEAS.

Buckalew, Bullitt, Calvin, Clark, Corson, Messrs. Armstrong, Black, Charles A., Curry, Curtin, Ellis, Ewing, Guthrie, Hanna, Howard, Hunsicker, Kaine, Lamberton, Landis, Lilly, Mann, Read, John R., Simpson, Smith, Henry W., Stanton, Walker, White, Harry and Worrell-27.

NAYS.

Messrs. Alricks, Baer, Baily, (Perry,) Bailey, (Huntingdon,) Biddle, Bowman, Brown, Campbell, Carey, Carter, Church, Cronmiller, De France, Dodd, Elliott, Fell, Finney, Fulton, Hall, Hazzard, Horton, Knight, Lawrence, MacConnell, M'Clean, Mitchell, Mott, Niles, Palmer G. W., Palmer, H. W., Patterson, D. W., Porter, Purman, Purviance, Samuel A., Reed, Andrew, Reynolds, Rooke, Russell, Smith, H. G., Struthers, Turrell, Wetherill, J. Price, Wherry and Wright-44.

So the motion was not agreed to.

ABSENT.-Messrs. Achenbach, Addicks, Ainey, Andrews, Baker, Bannan, Barclay, Bardsley, Bartholomew, Beebe, Bigler, Black, J. S., Boyd, Brodhead, Broomall, Cassidy, Cochran, Collins, Corbett, Craig, Cuyler, Dallas, Darlington, Davis, Dunning, Edwards, Funck, Gibson, Gilpin, Green, Harvey, Hay, Hemphill, Heverin, Lear, Littleton, Long, MacVeagh, M'Camant, M'Culloch, M'Murray, Mantor, Metzger, Minor, Newlin, Parsons, Patterson, T. H. B., Patton, Pughe, Purviance, John N., Ross, Runk, Sharpe, Smith, Wm. H., Stewart, Temple, Van Reed, Wetherill, J. M., White, David N., White, J. W. F., Woodward and Mere

dith, President-62.

Mr. WRIGHT. I move that we adjourn.

Mr. CORSON. Before that is put, I ask leave of absence for to-morrow.

Leave was granted.

The PRESIDENT pro tem. It is moved that the Convention do now adjourn.

SEVERAL DELEGATES addressed the a division, ayes, thirty-nine; noes, thirtyChair.

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two.

So the motion was agreed to, and (at six o'clock and forty minutes P. M.) the Convention adjourned until to-morrow morning at nine o'clock.

ONE HUNDRED AND THIRTIETH DAY.

SATURDAY, June 28, 1873. The Convention met at nine o'clock A. M., Hon. John H. Walker, President pro tem., in the chair.

The Journal of yesterday's proceedings was read and approved.

LEAVES OF ABSENCE.

Mr. ANDREWs asked and obtained leave of absence for Mr. M'Murray for a few days from to-day.

Mr. KAINE asked and obtained leave of absence for Mr. Clark for a few days, including to-day.

Mr. J. PRICE WETHERILL asked and obtained leave of absence for Mr. Cuyler for a few days from to-day.

Mr. J. M. BAILEY asked and obtained leave of absence for Mr. Gilpin for a few days from to-day.

Mr. LILLY asked and obtained leave of absence for Mr. Broomall for to-day.

Mr. ELLIS asked and obtained leave of absence for himself for Monday next.

Mr. SIMPSON. I ask leave of absence for my colleague (Mr. Baker) from Tuesday last, on account of severe sickness. Leave was granted.

Mr. EWING asked and obtained leave of absence for Mr. T. H. B. Patterson for to-day.

Mr. KAINE. I ask leave of absence for the remainder of the Convention from one o'clock this afternoon until ten o'clock on Monday morning. [Laughter.]

Mr. LILLY. I ask the gentleman to alter that to half-past twelve o'clock, which will give delegates more time to get to the depots.

Mr. NEWLIN. Mr. President: I offer the following amendment: Strike out all after the word "resolved" and insert:

"That when the Convention adjourn to-day, it be to meet at twelve o'clock M. on the third Tuesday of October." The amendment was rejected.

The PRESIDENT pro tem. The question is on the resolution.

The question being put, there were on a division ayes forty-three.

Mr. RUSSELL. I call for the yeas and

nays.

Mr. NEWLIN. I second the call. The PRESIDENT pro tem. The Clerk I will call the names.

The yeas and nays having been required by Mr. Russell and Mr. Newlin were taken and were as follow, viz:

YEAS.

Messrs. Achenbach, Alricks, Armstrong, Baily, (Perry,) Bailey, (Huntingdon,) Biddle, Black, Charles A., Black, J. S., Bowman, Boyd, Brown, Bullitt, Cassidy, Church, Curry, Curtin, Darlington, Dodd, Elliott, Ellis, Ewing, Fell, Hanna, Heverin, Kaine, Knight, Lilly, Littleton, M'Clean, Minor, Mitchell, Mott, Niles, Palmer, G. W., Palmer, H. W., Patterson, D. W., Read, John R., Rooke, Simpson, Stanton, Struthers, Temple,

The PRESIDENT pro tem. That motion Turrell, Walker, Wetherill, Jno. Price, is not in order. Woodward and Wright-47.

TO-DAY'S ADJOURNMENT.

Mr. WRIGHT. I offer the following resolution:

Resolved, That at the hour of one o'clock the Convention adjourn until Monday next, at ten o'clock A. M.

On the question of proceeding to the second reading and consideration of the resolution, a division was called for, which resulted ayes forty-three, noes not counted.

The resolution was read the second time and considered.

NAYS.

Messrs. Ainey, Andrews, Baer, Calvin, Campbell, Carey, Carter, Cronmiller, Dallas, De France, Fulton, Guthrie, Hall, Hazzard, Hemphill, Horton, Lawrence, MacConnell, Newlin, Purman, Purviance, Samuel A., Reynolds, Russell and Wher

ry-24.

So the resolution was agreed to.

ABSENT-Messrs. Addicks, Baker, Bannan, Barclay, Bardsley, Bartholomew, Beebe, Rigler, Brodhead, Broomall,

Buckalew, Clark, Cochran, Collins, Corbett, Corson, Craig, Cuyler, Davis, Dunning, Edwards, Finney, Funck, Gibson, Gilpin, Green, Harvey, Hay, Howard, Hunsicker, Lamberton, Landis, Lear, Long, MacVeagh, M'Camant, M'Culloch, M'Murray, Mann, Mantor, Metzger, Parsons, Patterson, T. H. B., Patton, Porter, Pugbe, Purviance, John N., Reed, Andrew, Ross, Runk, Sharpe, Smith, H. G., Smith, Henry W., Smith, Wm. H., Stewart, Van Reed, Wetherill, J. M., White, David N., White, Harry White, J. W. F., Worrell and Meredith, President-62.

REVENUE AND TAXATION.

Mr. BULLITT. I ask for the reconsideration of the vote on sections eleven and twelve of the article on revenue, taxation and finance. 1 voted in the affirmative on that question.

The PRESIDENT pro tem. The article has been referred to the Committee on Revision and Adjustment. Before it can be brought back to the House, the vote by which it was referred to that committee must be reconsidered.

Mr. DARLINGTON. I move to reconsider that vote.

Mr. KAINE. I second the motion. Mr. NILES. One word. The chairman of the Committee on Revenue, Taxation and Finance is not here to-day. He will

be back on Monday.

Mr. CURTIN. It will lie over after the

reconsideration.

Mr. NILES. Very Well.

The PRESIDENT pro tem. A motion to reconsider the reference is made and seconded.

The motion to reconsider was agreed to, there being on a division ayes thirtyfour, noes eighteen.

The PRESIDENT pro tem. The delegate from Philadelphia (Mr. Bullitt) now moves to reconsider the vote on the eleventh and twelfth sections of this article.

Mr. SIMPSON. I move to postpone the further consideration of that motion. The motion to postpone was agreed to.

CITIES AND CITY CHARTERS.

Mr. HANNA. I move to proceed to the consideration of the article on cities and city charters.

The motion was agreed to, and the Convention proceeded to the consideration on second reading of the article (number six) on cities and city charters.

The first section was read as follows: "The Legislature shall pass general laws whereby a city may be established

whenever a majority of the electors of any town or borough voting at any general election shall vote in favor of the same being established.”

Mr. KAINE. I should like to know whether this article has passed committee of the whole and is on file.

SEVERAL DELEGATES. It is not on our

files.

Mr. STANTON. As reported from the committee of the whole this article is not on any of our files, and the Sergeant-atArms says he has none.

The CLERK. If the Convention will permit me to state, I will explain the matter to them. The article never passed committee of the whole, and it is on the files as originally reported.

Mr. WHERRY. I move, then, that the Convention go into committee of the whole on the article.

The CLERK. The committee of the whole was discharged in regular order and all amendments fell.

Mr. WHERRY. Very well.

The PRESIDENT pro tem. The first section of the article is before the Convention.

Mr. DODD. I am opposed to this section. Section nine of the article on legislation provides that no city shall be incorporated except by general law; so that part of the section is already provided for. That portion of this section which provides that a city shall be established whenever a majority of the electors of any town or borough shall vote in favor of the same is wrong. My reason is that, if this is adopted, there will be scarcely a borough or town of a few thousand inhabitants, but which will immediately obtain a city charter. I know something about this by experience. Nearly all the towns of four or five thousand inhabitants in the northeastern portion of the State have already obtained city charters. My town obtained one when it had a population of about four thousand. It was simply to obtain the dignity and title of a city that the charter was applied for. We find it cumbersome, useless and expensive. We were much better as a borough. If every town, no matter what its population may be, can obtain a city charter as will be the case if we adopt this section, every little town in the oil region, because they are all ambitious, will vote for a city charter. They are all called cities now. We have in our county Allamagoozlam city, Red-Hot city, StandOff city, Pithole city, Paradise Lost city,

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