Legislature of Pennsylvania

“ That no inconvenience may arise from the changes in the Constitution of the Commonwealth, and in order to carry the same into complete operation, it is hereby declared that - In the case of officers elected by the people, all terms of office fixed by act of Assembly at an odd number of years shall each be lengthened one year, but the Legislature may change the length of the term, provided the terms for which such officers are elected shall always be for an even number of years. ”

“ John H. Walker, of Erie County, was chosen to fill the vacancy. The convention adjourned November 27 to meet in Philadelphia on January 7, 1873.
A new Constitution was drafted and adopted, after which it was submitted to the people on December 16, 1873, and approved by a vote of 263,560 to 109,198.
This new Constitution contained several important changes: An increase in the number of Senators and Representatives in the General Assembly; biennial sessions of the Legislature; the election by the people of sundry officers heretofore appointed; minority representation ”

“ In matters arising in and under the operation of such system, judicial powers, with right of appeal, may be conferred by the Legislature upon county recorders and upon other officers as designated. Such laws may provide for continuing the registering, transferring, insuring, and guaranteeing such titles after the first or original registration has been perfected by the courts, and provision may be made for raising the necessary funds for expenses and salaries of officers, which shall be paid out of the treasury of the several counties. ”

“ The Legislature shall have power to classify counties, cities, boroughs, school districts, and townships according to population, and all laws passed relating to each class, and all laws passed relating to, and regulating procedure and proceedings in court with reference to, any class, shall be deemed general legislation within the meaning of this Constitution. ”

“ This is the situation in which the Constitution of Pennsylvania has placed the press; and it is the true and safe one, upon which it ought to be placed in every free Government. Here the right to investigate the conduct of the Legislature, and of official men, is not only recognized and established, but the constitution seems to require it as a duty, from the citizens. It says to them, these are men periodically delegated by you to manage your public concerns—to you, and you alone, they are accountable for their conduct ”

“ No justice of the peace shall sit in the general assembly unless he first resigns his commission ; nor shall he be allowed to take any fees, nor any salary or allowance, except such as the future legislature may grant.
Section 31 Sheriffs and coroners shall be elected annually in each city and county, by the freemen; that is to say, two persons for each office, one of whom for each, is to be commissioned by the president in council. No person shall continue in the office of sheriff more than three successive years, or be capable of being again elected during four years afterwards. ”

“ ADDED BY AMENDMENT OF NOVEMBER 6, 1951
Article XV Section 1: Home Rule. Cities may be chartered whenever a majority of the electors of any town or borough having a population of at least ten thousand shall vote at any general or municipal election in favor of the same. Cities, or cities of any particular class, may be given the right and power to frame and adopt their own charters and to exercise the powers and authority of local self-government, subject, however, to such restrictions, limitations, and regulations, as may be imposed by the Legislature. ”

“ The next consideration that the constitution presents, is the undue and dangerous mixture of the powers of government; the same body possessing legislative, executive, and judicial powers. The senate is a constituent branch of the legislature, it has judicial power in judging on impeachments, and in this case unites in some measure the characters of judge and party, as all the principal officers are appointed by the president-general, with the concurrence of the senate and therefore they derive their offices in part from the senate. ”

“ A lucky hit, or a strong figure, has not unfrequently overturned the best reasoned plan. Thus, Dr. Franklin's remark, that a legislature, with two branches, was a wagon, drawn by a horse before, and a horse behind, in opposite directions, is understood to have been decisive in inducing Pennsylvania, in her original constitution, to invest all the legislative power in a single body. ”

“ In the government of this state, under the old confederation, the members of the legislature are taken from among the people, and their interests and welfare are so inseparably connected with those of their constituents, that they can derive no advantage from oppressive laws and taxes, for they would suffer in common with their fellow citizens ”

“ The first constitution of Pennsylvania established in 1776 was the work of a radical party, and it provided for a single chambered legislature based on a widely extended suffrage. “Every freeman of the full age of twenty-one years,” runs the instrument, “having resided in this state for the space of one whole year ... and paid public taxes during that time, shall enjoy the right of an elector: Provided always that sons of freeholders of the age of twenty-one years shall be entitled to vote although they have not paid taxes.” ”

“ This struggle, which continued until the adoption, in 1790, of a constitution which provided for a stronger executive, served to divide the state into two distinct parties and to prevent the development of such factions as were found in New York; it accounts largely for the early development of party organization and nominating conventions, and, through these, of the spoils system. [37]
Under the first constitution most appointments in Pennsylvania were controlled by the legislature, either alone or in conjunction with the president of the commonwealth who also was practically elected by it. ”

“ Accordingly, in December, 1799, the Legislature met in Lancaster, continuing to do so until the spring of 1812, when the seat of Government was removed to its present location in Harrisburg.
The provisions of the Constitution now require that no removal can hereafter be made without the consent of the people at a general election, and, although there have been many attempts made to relocate at Philadelphia and elsewhere since 1812, it is hardly probable that any other city or section will ever be acceptable to the citizens. ”

“ Powers of each house. Each House shall have power to determine the rules of its proceedings and punish its members or other persons for contempt or disorderly behavior in its presence, to enforce obedience to its process, to protect its members against violence or offers of bribes or private solicitation, and, with the concurrence of two-thirds, to expel a member, but not a second time for the same cause, and shall have all other powers necessary for the Legislature of a free State. ”

“ No member of congress from this state or any person holding or exercising any office or appointment of trust or profit under the United States, shall at the same time hold or exercise any office in this state to which a salary is, or fees or perquisites are by law annexed; and the legislature may by law declare what State offices are incompatible. No member of the Senate or House of Representatives, shall be appointed by the Governor to any office during the term for which he shall have been elected. ”

“ That the office of Canal Commissioner is the creature of the legislature, under the power given them as representatives of the people, in the eighth section of the sixth article of the amended constitution of Pennsylvania, and in the absence of any constitutional restraint, it is defeasible and subordinate to the will of the legislature. ”

“ True, the state legislatures may be continued for some years, as boards of appointment, merely, after they are divested of every other function, but the framers of the constitution foreseeing that the people will soon be disgusted with this solemn mockery of a government without power and usefulness have made a provision for relieving them from the imposition, in section 4th, of article 1st, viz., "The times, places, and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof ”

“ Apropos to this question, I inclose herewith a letter I received yesterday from my brother, three times chairman of the Republican State Committee of Pennsylvania, an ex-member of the Pennsylvania State Senate and twice a member of the Pennsylvania House of Representatives, for your information regarding the way an extra session of the legislature is viewed from the standpoint of a level-headed man who has ever been on the firing line when the interests of the Republican party were at stake. ”

“ In the 1911 session he sprang at once into prominence by his vigorous championing of progressive measures and in a few weeks became the leader of the insurgent forces in the body. He introduced measures for the direct election of United States senators and the initiative and referendum for the first time in the history of the Pennsylvania legislature and the battle waged around them were the features of the session. He was elected to Congress from the 30th District of Pennsylvania in 1912 and has been .an active champion of progressive legislation. ”

“ In a State like New York, where one party controls the Legislature and another the city, the people in the cities may expect some protection from party opposition. In Pennsylvania, where the Republicans have an overwhelming majority, the Legislature at Harrisburg is an essential part of the government of Pennsylvania cities, and that is ruled by a State ring. ”

“ Laws may be passed providing for a system of registering, transferring, insuring of and guaranteeing land titles by the State, or by the counties thereof, and for settling and determining adverse or other claims to and interest in lands the titles to which are so registered, transferred, insured, and guaranteed; and for the creation and collection of indemnity funds; and for carrying the system and powers hereby provided for into effect by such existing courts as may be designated by the Legislature, and by the establishment of such new courts as may be deemed necessary. ”

“ Inadequate because the sense and views of 3 or 4 millions of people diffused over so extensive a territory comprising such various climates products, habits, interests, and opinions, cannot be collected in so small a body; and besides, it is not a fair and equal representation of the people even in proportion to its number, for the smallest state has as much weight in the senate as the largest and from the smallness of the number to be chosen for both branches of the legislature ”

“ Your ears must often burn, as your admirers so frequently inform me that you are going down in history as one of the greatest governors of Pennsylvania. The present governor has taken me into his confidence and is determined upon learning the truth and doing all in his power to formulate a good administration for the people. It is, however, unfortunate, as you have already said, that the governor of this commonwealth should have all his duties thrown upon him at the time the legislature meets. ”

“ Section 7 The senators shall be chosen in districts, to be formed by the legislature, each district containing such a number of taxable inhabitants as shall be entitled to elect not more than four senators. ”

“ Great excitement prevailed all over the State of Pennsylvania, and the Democracy of the great Commonwealth were thrown into intense perturbation and indignation, January 13, 1857, by dispatches from Harrisburg announcing that Representatives Samuel Manear, of York County, William H. Lebo, and G. Wagenseller, of Schuylkill County, Democratic members of the Legislature, had not only refused to support John W. Forney, the caucus nominee of their party for United States Senator, but had given their votes to the opposition candidate, Simon Cameron. ”

“ All courts shall be open; and every man for an injury done him in his lands, goods, person or reputation shall have remedy by due course of law, and right and justice administered without sale, denial or delay. Suits may be brought against the Commonwealth in such manner, in such courts and in such cases, as the Legislature may by law direct. ”

“ The inhabitants are chiefly the descendants of the first German settlers, and are a quiet, orderly people—They are estimated at about four thousand five hundred.
This has been the seat of government of Pennsylvania since 1799, but it is not rendered permanently {16} so by an [Pg 32] act of the legislature, which occasions attempts being made annually at every session of that body to remove it. ”

“ In the present legislature, there is, to an extent never known before, a preponderance of those who are in accord with the principles to which expression is to be given in the broad field of national development. Wise men are steadied by the possession of power. With large majorities come great responsibilities. Those who are opposed to the principles you support will have their eyes turned to Pennsylvania, and will be quick to discover your mistakes, if any are made, and eager to take advantage of them. ”

“ I am interested as a citizen of Pennsylvania in the subjects of the proposed legislation at the extra session of its legislature you have called, and heartily approve, as you well know, enacting into law the suggestions contained in your proclamation ”