Constitution whatever powers are now exercised by aldermen or justices of the peace in Philadelphia. If so, we render it impossible for the Legislature to deprive them of certain political powers which they now exercise greatly to the disadvantage of the city, and I think, under such legislative restrictions as we have enacted, we may safely invest in them the discretionary power to regulate the jurisdiction and powers of these subordinate magistrates.

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

The amendment was agreed to, there being on a division, ayes thirty-seven, noes twenty-one.

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

Mr. BUCKALEW. I desire to add an additional word or two. After the word "changes," in the amendment just adopted, I move to insert, "not involving an increase of civil jurisdiction."

I offer this amendment in order to keep this whole question out of the Legislature of whether these magistrates shall have jurisdiction to one hundred dollars, two hundred dollars, three hundred dollars, or five hundred dollars. Let us fix it in the Constitution. If one hundred dollars is not enough, let us make it something else; but with the amendment of the gentleman from Lycoming added, as a matter of course these magistrates will appeal to the Legislature from year to year. I want to end that one way or the other.

Mr. SHARPE. I move to amend the amendment by adding the words "or conferring any political duties."

The amendment to the amendment was agreed to, there being on a division, ayes fifty-one, noes eight.

The PRESIDENT pro tem. The question now recurs on the amendment of the delegate from Columbia (Mr. Buckalew) as amended.

to.

equally applicable to the aldermen or magistrates of the city, many of whose offices I am told are very valuable, and some perhaps not so very valuable. I presume it is not the desire of anybody to compel the payment by the city treasury of fees to the amount of from $2,000 to $5,000, or whatever sum they shall fix, to a magistrate in a rural district who may not be able to receive five dollars in the course of a year. If they prefer to do so, however, very well.

The PRESIDENT pro tem. The question is on the amendment of the delegate from Chester (Mr. Darlington.)

The amendment was rejected.

Mr. ARMSTRONG. I have a further amendment to offer. In the twenty-first line the word "such" before "city" should be "said," and I move that amendinent. The amendment was agreed to.

Mr. CUYLER. I was necessarily absent when the vote was taken on striking out the clause relating to these judges being learned in the law. I respectfully ask leave to record my vote against that amendment.

Mr. BIDDLE. I hope the gentleman will be permitted to so record his vote. SEVERAL DELEGATES. The yeas and nays were not called.

Mr. CUYLER. If the yeas and nays were not called I have nothing to say. Mr. MACVEagh. The statement answers the purpose.

Mr. CUYLER. Of course the statement answers if the yeas and nays were not called.

The PRESIDENT pro tem. The question now is on the adoption of this division of the section.

Mr. MACVEAGH AND Mr. D. W. PATTERSON called for the yeas and nays, and they were ordered.

Mr. T. H. B. PATTERSON. I ask to have the division read as it stands. The CLERK read as follows: "In the city of Philadelphia for each

The amendment as amended was agreed 30,000 inhabitants there shall be estab

Mr. DARLINGTON. I move to amend the section in the twenty-third line by inserting after the word "salaries" the words "not exceeding the amount of fees received."

Mr. CUYLER. I hope the gentleman will not press that amendment.

Mr. DARLINGTON. This is precisely in harmony with the provision which we have inserted in the Constitution in relation to county officers, and I suppose is

lished, in lieu of the office of alderman and justice of the peace as the same now exists, one court (not of record) of police and civil causes not exceeding one hundred dollars. Such court shall be held by magistrates whose term of office shall be five years, and they shall be elected on general ticket by all the qualified voters of said city; and in the election of the said magistrates no voter shall vote for more than two-thirds of the number to be chosen. They shall be compensated only

by fixed salaries to be paid by said city, and shall exercise such jurisdiction, except as herein modified, as is now exercised by aldermen and justices of the peace,subject to such changes, not involving an increase of civil jurisdiction or conferring any political duties, as may be made by law."

YEAS.

Arm

Messrs. Achenbach, Alricks,
strong, Baily, (Perry,) Baker, Beebe,
Biddle, Black, Charles A., Black, J. S.,
Bowman, Boyd, Brown, Buckalew, Bul-
litt, Calvin, Campbell, Carter, Church,
Cochran, Corbett, Corson, Cronmiller,
Curry, Cuyler, De France, Elliott, Fulton,
Funck, Gibson, Gilpin, Green, Guthrie,
Heverin, Kaine, Knight, Landis, Lilly,
Littleton, M'Clean, Mann, Mitchell, Mott,
Palmer, G. W., Patton, Purman, Read,
John R., Reed, Andrew, Rooke, Ross,
Russell, Sharpe, Simpson, Temple, Van
Reed, Wetherill, J. M., Wetherill, Jno.
Price, Worrell and Wright-58.

NAYS.

Messrs. Broomall, Darlington, Edwards, Ewing, Hanna, Lawrence, MacConnell, MacVeagh, Patterson, D. W., Patterson, T. H. B., Porter, Purviance, Samuel A., Reynolds, Smith, Henry W., Stanton, Struthers and Walker-17.

So the division was agreed to. ABSENT.-Messrs. Addicks, Ainey, Andrews, Baer, Bailey, (Huntingdon,) Ban. nan, Barclay, Bardsley, Bartholomew, Bigler, Brodhead, Carey, Cassidy, Clark, Collins, Craig, Curtin, Dallas, Davis, Dodd, Dunning, Ellis, Fell, Finney, Hall, Harvey, Hay, Hazzard, Hemphill, Horton, Howard, Hunsicker, Lamberton, Lear, Long, M'Camant, M'Culloch, M'Murray, Mantor, Metzger, Minor, Newlin, Niles, Palmer, H. W., Parsons, Pughe, Purviance, John N., Runk, Smith, H. G., Smith, Wm. H., Stewart, Turrell, Wherry, White, David N., White, Harry, White, J. W. F., Woodward and Meredith, President-58.

Mr. CUYLER. I ask leave to suggest two amendments which seem to be necessary, and which are merely formal, for which I ask the unanimous consent of the House. They are to insert in the fifteenth line, after the word "causes,' the words "with jurisdiction." It reads "and civil causes not exceeding one hundred dollars." It would read better if it was "and civil causes, with jurisdiction not exceeding one hundred dollars." I 22-VOL. VI.

ask leave to insert the words "with jurisdiction" after the word "causes.

The PRESIDENT pro tem. Will the House give unanimous leave to make the amendment? ["Yes." "Yes."] The Chair hears no objection, and the amendment will be made.

Mr. CUYLER. I have one similar amendment to suggest. In the twentysecond line it will be observed the language is, "shall not vote for more than two-thirds of the number of persons to be chosen." It may very well occur that only one may have to be elected to fill a vacancy or something of that kind, and it would be rather difficult to vote for two-thirds of a man. The amendment I propose to make is to strike out the word "chosen," and insert "elected where more than one are to be chosen." It will then read:

"No voter shall vote for more than twothirds of the number of persons to be elected where more than one are to be chosen."

I ask unanimous consent to make this amendment.

The PRESIDENT pro tem. Unanimous consent is asked to make this amendment. Is consent granted? ["Yes." "Yes."] The Chair hears no objection, and the amendment is made.

The PRESIDENT pro tem. The last division of the section is now before the Convention.

Mr. MANN. I hope this division will be omitted. Certainly it is no necessary part of the Constitution. The two divi sions of this section which we have adopted are properly portions of the Constitution and indeed necessary for this Convention to act upon; but it seems to me that this question of disposing of the costs of aldermen and justices of the peace does not properly belong to the Constitution, and it is very doubtful whether the meaning of this language will be acceptable if it should be adopted, and it is much wiser, it seems to me, to leave it in such shape that it can be amended if it should prove to work improperly.

It was stated this forenoon in objection to the tenth section of this article, very forcibly as I thought-in fact I think it was the only real objeciion made to itthat it was something that properly belonged to the Legislature. I ask if the question of regulating appeals where personal liberty is concerned should be left to the Legislature, why should we not

Mr. DARLINGTON. The section has al- Governor may remove any of them on ready been adopted by divisions.

The amendment was agreed to. Mr. BAKER. I offer the following amendment: Strikeout the words "wholly paid by the State," and also the words "from any other source."

that he intended to strike out the word "wholly."

Mr. ARMSTRONG. I beg to remind the gentleman that I clearly and distinctly stated that part of the amendment from my seat in this Convention.

Mr. LITTLETON. I beg the gentleman's pardon. I listened with close attention to the gentleman's amendments when he stated them from the floor, and if he had alluded to the word "wholly" I should have objected to that portion of the amendments. It certainly was made at the Clerk's desk, where the amendment was read so hastily that it was not understood.

Mr. CUYLER. I suggest to my colleague that the section is sufficiently efficacious cause, of course, if the judges are paid by with the word "wholly” stricken out, bethe State they are wholly paid by the

State.

The PRESIDENT pro tem. The Chair must remind gentlemen that that question has been settled, and the pending question is the amendment of the gentleman from Philadelphia (Mr. Baker.)

Mr. President, I propose to strike out these words because they are an interpolation, not found in our present Constitution and not called for by any exigency whatever. The retention of these words in the section can have but one result; and that is to cut down the salaries of the judges in Philadelphia, which are already too small in view of their position and the present expenses of living. No other judges in the Commonwealth will be at ail affected by such an uncalled for constitutional provision. Why should we place in the organic law a permanent denial of adequate compensation to a portion of the judiciary of Pennsylvania, and that the hardest-worked in the State? I can see no reason for it. If the citizens of Philadelphia are willing and desire to supplement the salaries paid by the State to its judiciary residing in this city, what right has any one not interested to complain or interfere? No one, sir, but a member of the bar of Philadelphia can Mr. SIMPSON. I hope the amendment have any adequate conception of the im- offered by my colleague will be adopted mense and continuous labors devolved by the Convention. The object for which upon the judges of Philadelphia. The the words intended to be voted upon city of Philadelphia, justly proud of her were put in this section, for they are no judiciary, distinguished as it is for learn- in the Constitution of 1837-38, was to ing, ability and integrity, would like to meet a single case and to prevent its rebe left at liberty to compensate it accord- currence in the future. That case was ing to her own sound judgment of its this: In the city of Philadelphia the great merit and valuable services. judges were paid by the State a compensation similar to that paid other judges throughout the State; but as there was a very large amount of business accruing from the wants of the city of Philadelphia itself coming before these judges, the Legislature in their wisdom several years ago provided for the payment of $2,000 per annum from the city treasury to each of the judges of our courts learned in the law. That has been paid to them for several years. It was not put upon the State Treasury, because it was feared that if the Legislature were to give a compensation of $7,000 per annum to the judges of this city, other judges through the State would require the same amount from the State Treasury; and inasmuch as a large amount of the business of the courts was derived from the city itself, it was thought to be no more than right that a part of the compensation of the judges in Philadelphia should be borne by the city treasury.

The PRESIDENT pro tem. The Chair will inform the delegate from Philadelphia that the word "wholly" has already been stricken out.

Mr. BAKER. I was not aware of that; I found the word in the printed article before me.

Mr. LITTLETON. I did not understand the word "wholly" to be stricken out. The PRESIDENT pro tem. It was stricken out.

Mr. LITTLETON. Not upon the amendment of the gentleman from Lycoming. The PRESIDENT pro tem. It was stricken out upon the amendment of the gentleman from Lycoming.

Mr. LITTLETON. Then I trust that action will be reconsidered. The vote was certainly taken without a proper knowledge of the question. I listened attentively when the gentleman from Lycoming stated his amendment from the floor, and he certainly did not then mention