upon the same being brought before the court, it shall commit the witness for contempt, and impose such fine as in its discretion shall seem meet. If the charge is established and the finding is approved by the councils or council appointing the committee, then the office shall be declared vacated and the officer shall be ineligible to any office of trust or profit under the municipality and may be prosecuted in the criminal courts. Wilful false swearing before such committee shall be deemed perjury.

Mr. TEMPLE. I move to strike out the word "municipality," in the fourteenth line, and insert "under the laws of this Commonwealth." I think this is manifestly right. It seems to me not to be right to prevent a man from being elected to a municipal office when he can be elected to a State office, as my colleague (Mr. Dallas) suggested a while ago.

Mr. SIMPSON. I make the point of order that if the House votes down the first branch, the rest of the section has nothing to hang upon.

Mr. TEMPLE. Then let it all go together, but I submit that a portion of this section should be adopted. If the same result can be obtained by moving to strike out all after the word "appearance" in the eighth line, I will make that motion.

The PRESIDENT pro tem. That amendment is in order, to strike out all after the word "appearance" in the eighth line.

Mr. TEMPLE. I submit that the first art of this section should be adopted. 1 Do not think this is legislation. Delegates say, go to the Legislature for re

lief, but we have been there for relief for a number of years and have not got it, and it is a fact that in the city of Philadelphia, no matter what offence is committed, if it comes under the control of the city councils, they have no authority to subpoena and compel the attendance of witnesses. This has given rise to a great deal of complaint. I simply rose to call the attention of the Convention to it, and if they desire to vote it down after that, they can do so.

Mr. HEVERIN. I hardly think the section rises even to the dignity of legislation, and I hope it will be voted down, either divided or as a whole.

Mr. CASSIDY. I want to call attention to another defect that strikes me in this section. That is, it authorizes either of the bodies to appoint a committee to investigate any official misconduct, not at all the official misconduct connected with their bodies or connected even with the municipal government, but "any official misconduct." Certainly, the Convention, I think, does not mean to do what the words import.

The PRESIDENT pro tem. The question is on the first division of the section. The division was rejected.

The PRESIDENT pro tem. The question is on the second division of the section. The division was rejected.

Mr. WORRELL. I move that the article be referred to the Committee on Revision and Adjustment, as it is gone now through

with.

Mr. H. W. PALMER. I move to reconsider the vote by which the first section was passed. Having voted down almost everything in the article, I hope we shall

vote that down, too. It has no place here now. Therefore, I move to reconsider the vote by which it was passed.

Mr. TEMPLE. I second the motion. I voted in the affirmative.

Mr. H. W. PALMER. I would rather

leave the whole subject of providing for the erection of cities to the Legislature. I move to reconsider the vote adopting the first section.

The PRESIDENT pro tem. It is moved and seconded to reconsider the vote by which the first section was agreed to.

The motion was not agreed to, less than than a majority of a quorum voting therefor.

Mr. LITTLETON. I desire to call attention to an ambiguity of expression in the first section. ["Too late."]

MONDAY, June 30, 1873.

The Convention met at ten o'clock A. M., Hon. John H. Walker, President pro tem., in the chair.

Prayer by Rev. Jas. W. Curry.

The Journal of the proceedings of Saturday was read and approved.

LEAVES OF ABSENCE.

Mr. HAY asked and obtained further leave of absence for Mr. Wm. H. Smith for a few days from to-day.

Mr. H. W. PALMER asked and obtained leave of absence for Mr. Turrell for a few days from to-day.

Mr. LANDIS asked and obtained leave of absence for Mr. Baer for a few days from to-day.

INVITATION FROM LEHIGH UNIVERSITY.

Mr. BRODHEAD presented the following communication, which was read:

BETHLEHEM, June 26, 1873. To the Hon. Jno. H. Walker, President pro tem. Constitutional Convention. DEAR SIR:-By unanimous vote of the Board of Trustees of the Lehigh University, the free use of Packer hall was this day tendered for the use of the Pennsylvania Constitutional Convention should they determine to meet at Bethlehem. Packer hall has three rooms, each eighty by forty feet, any one of which would accommodate the Convention; besides a large number of smaller rooms which could be used for committee rooms. By order of the Board of Trustees. E. P. WILBUR, Secretary.

Mr. ALRICKS. I move that the communication be laid upon the table, with the thanks of the convention.

The motion was agreed to. PROPOSED MEETING AT HARRISBURG.

Mr. ALRICKS. I offer the following resolution, and I ask that it lie on the table for the present:

Resolved, That when the Convention adjourns on Thursday next it will be to meet in the hall of the House of Repre

sentatives at Harrisburg on the eighth of July next, at eleven o'clock A. M.

The PRESIDENT pro tem. The resolution will lie on the table.

THE JUDICIAL SYSTEM.

Mr. ARMSTRONG. I move that the Convention do now proceed to the second reading and consideration of the article on the judiciary.

The motion was agreed to, and the Convention proceeded to consider on second reading the article on the judiciary, as reported from the committee of the whole.

The CLERK read the first section as follows:

SECTION 1. The judicial power of this Commonwealth shall be vested in a Supreme Court, in courts of common pleas, jail delivery, in courts of quarter sessions in courts of oyer and terminer and general of the peace, in orphans' courts, in justices of the peace, and in such other courts as the Legislature may, from time to time,

establish.

Mr. TEMPLE. I move to strike out all after the word "peace," where it occurs the second time, in the fourth line, the words to be stricken out being: "And in such other courts as the Legislature may, from time to time, establish."

article stands now, I think it would not be judicious to strike that provision out. When the article was reported from the Committee on the Judiciary the provision was not in; but we had then made some provision for the relief of the Supreme Court. I do not intend to renew that proposition. It has been fairly considered and voted upon by the Convention, and I do not think it wise to attempt to urge the matter on them again, when it has already received their full consideration. As we have thus far given no relief whatever to the Supreme Court, we ought not to deprive the Legislature of the power of doing it hereafter, should the future emergencies of the State require.

Mr. ARMSTRONG. Mr. President: Asthe

Mr. TEMPLE. I made this motion in the absence of another delegate who would have made it if he had been here.

He would then have given his reasons for making this motion. My reason for making it is simply this: It will be perceived that under the power conferred by these words the Legislature may hereafter paralyze the constitutional courts. It has been done in one of the counties of this Commonwealth where a district court has been established, as 1 was informed by a delegate from Schuylkill, absolutely taking away nearly all the jurisdiction of the court of oyer and terminer; in other words, leaving the criminal jurisdiction of the constitutional court in such a shape that it can only be exercised about one week in the year, giving to another Court created by the Legislature almost the entire jurisdiction of the court of oyer and terminer. That delegate is not here. I know he was interested in having this clause stricken out. For that reason I have made the motion, and I have no doubt if it is not agreed to he will move a reconsideration when he comes in.

Mr. CORBETT. My recollection is that in some other section we have adopted on second reading a provision that is directly in conflict with these words. I cannot turn now to the section, but that is my recollection; and one or other of the provisions ought to be stricken out. These words should be stricken out: "And in such other courts as the Legislature may from time to time prescribe," for my recollection is that on second reading we adopted a provision in conflict with the clause, but I cannot refer to it now.

Mr. ARMSTRONG. We prohibited the Legislature from creating any court to be presided over by any of the judges of the Supreme Court; that is all. I will remark that the section now pending is the same as the present Constitution, leaving out the register's court, which the Convention has determined to abolish.

The PRESIDENT pro tem. The question is on the amendment offered by the gentleman from Philadelphia (Mr. Temple.) The amendment was rejected.

Mr. WOODWARD. I move to amend the section by adding the following:

"And all the judges of said courts shall be appointed by the Governor, by and with the advice and consent of two-thirds of the Senate."

Mr. President, I do not propose to say one word on the subject of this amendment, but merely to ask for the yeas and nays upon it. I wish to put myself on the record in this matter.

The yeas and nays were ordered, ten delegates rising to second the call.

Mr. BROOMALL. Before the yeas and nays are ordered, I simply desire to say that I would vote for this amendment with pleasure if the term of the judges was "during good behavior;" but it being for a limited term of years, I am opposed to the amendment, preferring that they should be dependent upon the people who elect them rather than upon the politicians at Harrisburg.

Mr. BIDDLE. I desire to say but a word, partly in the same direction. I am for an appointive judiciary and for a good behavior tenure. If I cannot get both, I will go for either, and therefore I shall go for the amendment.

Mr. TEMPLE. I desire to say that my reasons for voting against this amendment are similar to those offered by the genticman from Delaware (Mr. Broomall.)

Mr. KAINE. I merely desire to say that I am opposed to the appointment of the judges under any circumstances, and opposed to a life tenure and in favor of a short term; and when we come to consider the next section I intend to move to strike out "twenty-one" and insert "fifteen," so as to make the term fifteen years.

Mr. LILLY. I am very glad that the gentleman from Philadelphia has offered this amendment to give us a chance to put our names on the record on this subject. I am heartily in favor of the appointive system. I do not believe that you can maintain the purity of the judiciary for the next twenty-five years in any other way. In my opinion, the judiciary, under the elective system, has been going down hill very rapidly, but I believe by now adopting the appointive system we may again bring it up to what it should be.

Mr. ALRICKS. I merely wish to say this: Where the judiciary are elected, the Convention will see very well that if there is a member of the bar who holds the judicial district in his hand politically, he will be very apt to hold the conscience of the judge in his other hand, But, sir, since I have come to this city, I am thoroughly persuaded that the influence of corporations would be so powerful that if the Governor had the appointment of the judges we might expect those appointments to be made by the corporations. I have therefore changed my views on the subject and shall vote

Mr. BEEBE. Mr. President: Judging of the future by the past, believing that experience has demonstrated that we have a better judiciary under the elective than under the appointive system, I shall vote against this amendment.

Mr. ARMSTRONG. As this amendment is offered confessedly for the purpose of enabling gentlemen to put themselves on the record, I desire to state that I should favor an amendment which made the judges of the Supreme Court appointive by and with the consent of two-thirds of the Senate; but as this amendment proposes to make the entire judiciary of the State appointive, 1 am compelled to vote against it.

Mr. HAY. I desire simply to say that under all the circumstances at the present time in our Commonwealth, I am in favor of an elective judiciary, with a tenure for good behavior or for life.

The PRESIDENT pro tem. The Clerk will call the roll on the amendment. Mr. KNIGHT. Let it be read. The CLERK. It is proposed to add: "And all the judges of said courts shall be appointed by the Governor, by and with the advice and consent of two-thirds of the Senate."

Buckalew, Carter, Clark, Cochran, Collins, Craig, Cuyler, Davis, Dunning, Ellis, Ewing, Fell, Funck, Gibson, Gilpin, Green, Hanna, Harvey, Heverin, Howard, Lamberton, Lear, Long, MacVeagh, M'Camant, M'Culloch, M'Murray, Mantor, Metzger, Newlin, Parsons, Patterson, D. W., Patton, Porter, Pughe, Purviance, John N., Ross, Runk, Smith, H. G., Smith, Henry W., Smith, Wm. H., Stanton, Stewart, Turrell, Van Reed, Wetberill, J. M., White, David N., White, Harry, White, J. W. F. and Meredith, President -61.

Mr. RUSSELL. I move to amend the section by transposing it so as to make it read just as the section in the old Constitution reads. I move to transpose the words "in courts of common pleas," and insert them after the word "delivery," in the third line, and to strike out in the fourth line the words “orphans' courts," and insert the same words after "common pleas" in the third line; and in the fourth line to insert the words "for each county," so as to make the section read:

"The judicial power of this Commonwealth shall be vested in a Supreme Court, in courts of oyer and terminer and general jail delivery; in a court of common pleas, an orphans' court, a court of

YEAS.

Messrs. Bailey, (Huntingdon,) Barclay, Biddle, Bullitt, Church, Curtin, Finney, Guthrie, Hall, Hemphill, Hunsicker, Lilly, Mann, Palmer, G. W., Russell, Temple, Wetherill, Jno. Price and Woodward

-18.

NAYS.

Messrs. Achenbach, Alricks, Armstrong, Baily, (Perry,) Beebe, Black, Charles A., Bowman, Brodhead, Broomall, Brown, Calvin, Campbell, Carey, Cassidy, Corbett, Corson, Cronmiller Curry, Dallas, Darlingon, DeFrance, Dodd, Edwards, Elliott, Fulton, Hay, Hazzard, Horton, Kaine, Knight, Landis, Lawrence, Littleton, MacConnell, M'Clean, Minor, Mitchell, Mott, Niles, Palmer, H. W., Patterson, T. H. B., Purman, Purviance, Samuel A., Read, John R., Reed, Andrew, Reynolds, Rooke, Sharpe, Simpson, Struthers, Walker, Wherry, Worrell and Wright

county; in justices of the peace; and in such other courts as the Legislature may from time to time establish."

That makes the section read exactly as it is in the old Constitution, with the exception of leaving out what the Convention has decided should be left out, "in a register's court." I think it will be better to adopt the arrangement of the old Constitution, because everybody understands that. I do not propose to strike out anything that is now in the section, but merely to change its phraseology so as to conform to the old Constitution.

Mr. ARMSTRONG. There is no material difference between the proposstion of the gentleman from Bedford and the proposition as it now stands reported from the Committee on the Judiciary. The committee changed the phraseology of the existing Constitution because they thought it would be an improvement in some respects. There is no necessity for authorizing a court of common pleas in each county. They are courts of the Commonwealth. The whole idea of the change of phraseology is that the Supreme Court and court of common pleas are brought