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County Seat-Certain Offices to be. Located at.
Section 4. Prothonotaries, clerks of the courts, recorders of deeds, registers of wills, county surveyors and sheriffs, shall keep their offices in the county town of the county in which they respectively shall be officers.
Compensation of County Officers-Those Salaried not to Retain Fees.
Section 5. The compensation of county officers shall be regulated by law, and all county officers who are or may be salaried shall pay all fees which they may be authorized to receive, into the treasury of the county or State, as may be directed by law. In counties containing over one hundred and fifty thousand inhabitants all county officers shall be paid by salary, and the salary of any such officer and his clerks, heretofore paid by fees, shall not exceed the aggregate amount of fees earned during his term and collected by or for him.
Accountability of County, Township and Borough Officers for Public Moneys,
Section 6. The General Assembly shall provide by law for the strict accountability of all county, township and borough officers, as well for the fees which may be collected by them, as for all public or municipal moneys which may be paid to them.
Election of County Commissioners and Auditors-Vacancies-How Filled.
*Section 7. Three county commissioners and three county auditors shall be elected in each county where such officers are chosen, in the year one thousand nine hundred and eleven and every fourth year thereafter; and in the election of said officers each qualified elector shall vote for no more than two persons, and the three persons having the highest number of votes shall be ciccted; 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 shall occur, by the appointment of an elector of the proper county who shall have voted for the commissioner or auditor whose place is to be filled.
CITIES AND CITY CHARTERS.
When Cities May be Chartered.
Section 1. Cities may be chartered whenever a major ty of the electors of any town or borough having a population of at least ten thousand shall vote at any general election in favor of the same.
Municipal Commissions-Contracting of Debts by,
Section 2. No debt shall be contracted or liability incurred by any municipal commission, except in pursuance of an appropriation previously made thereior by the municipal government.
City Sinking Funds.
Section 3. Every city shall create a sinking fund, which shall be inviolably pledged for the payment of its funded debt.
Section 1. All existing charters, or grants of special or exclusive privileges, under which a bona fide organization shall not have taken place and business been commenced in good faith, at the time of the adoption of this Constitution, shall thereafter have no validity.
Corporate Privileges not to be Increased-Exceptions.
Section 2. The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, or alter or amend the same, or pass any other general or special law for the benefit of such corporation, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution.
State's Right of Eminent Domain and Police Power to be Supreme.
Section 3. The exercise of the right of eminent domain shall never be abridged or so construed as to prevent the General Assembly from taking the property and franchises of incorporated companies, and subjecting them to public use, the same as the property of individuals; and the exercise of the police power of the State shall never be abridged or so construed as to permit corporations to conduct their business in such manner as to infringe the equal rights of individuals or the general well-being of the State.
Section 7 of Article 14, as given above, is Amendment No. 10, as adopted by a vote of the people November 2, 1909. The section previously read as follows:
Section 7. Three county commissioners and three county auditors shall be elected in each county where such officers are chosen, in the year one thousand eight hundred and seventy-five and every third year thereafter; and in the election of said officers each qualified elector shall vote for no more than two persons, and the three persons having the highest number of votes shall be elected; 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 shall occur, by the appointment of an elector of the proper county who shall have voted for the commissioner or auditor whose place is to be filled.
Cumulative Voting Permitted in Corporation Elections.
Section 4. In all elections for directors or managers of a corporation each member or shareholder may cast the whole number of his votes for one candidate, or distribute them upon two or more candidates, as he may prefer.
Foreign Corporations-Regulations Concerning.
Section 5. No foreign corporation shall do any business in this State without having one or more known places of business and an authorized agent or agents in the same upon whom process may be served.
Corporations-Scope of Business Limited--Holding of Real Estate.
Section 6. No corporation shall engage in any business other than that expressly authorized in its charter, nor shall it take or hold any real estate except such as may be necessary and proper for its legitimate business.
Corporate Stocks and Bonds-Increase of Stock and Indebtedness-Regulated.
Section 7. No corporation shall issue stocks or bonds except for money, labor done, or money or property actually received; and all fictitious increase of stock or indebtedness shall be void. The stock and indebtedness of corporations shall not be increased except in pursuance of general law, nor without the consent of the persons holding the larger amount in value of the stock, first obtained at a meeting to be held after sixty days notice given in pursuance of the law.
Compensation for Property Taken or Affected Under Right of Eminent Domain-Appeals.
Section 8. Municipal and other corporations and individuals invested with the privilege of taking private property for public use shall make just compensation for property taken, injured or destroyed by the construction or enlargement of their works, highways or improvements, which compensation shall be paid or secured before such taking, injury or destruction. The General Assembly is hereby prohibited from depriving any person of an appeal from any preliminary assessment of damages against any such corporations or individuals made by viewers or otherwise; and the amount of such damages in all cases of appeal shall on the demand of either party be determined by jury according to the course of the common law.
State Banking Laws-Requirements.
Section 9. Every banking law shall provide for the registry and countersigning. by an officer of the State, of all notes or bills designed for circulation, and that ample security to the full amount thereof shall be deposited with the Auditor General for the redemption of such notes or bills.
Alterations and Revocations of Charters-No Law Shall Create, Renew or Extend More Than One Charter.
Section 10. The General Assembly shall have the power to alter, revoke or annul any charter of incorporation now existing and revocable at the adoption of this Constitution, or any that may hereafter be created, whenever in their opinion it may be injurious to the citizens of this Commonwealth, in such manner, however, that no injustice shall be done to the corporators. No law hereafter enacted shall create, renew or extend the charter of more than one corporation.
Banks and Trust Companies-Incorporation of by General Assembly.
*Section 11. The General Assembly shall have the power by general law to provide for the incorporation of banks and trust companies, and to prescribe the powers thereof.
Right to Construct Telegraph Lines-Consolidation of Competing Lines Prohibited.
Section 12. Any association or corporation organized for the purpose, or any individual, shall have the right to construct and maintain lines of telegraph within this State, and to connect the same with other lines, and the General Assembly shall, by general law of uniform operation, provide reasonable regulations to give full effect to this section. No telegraph company shall consolidate with, or hold a controlling interest in the stock or bonds of, any other telegraph company owning a competing line, or acquire, by purchase or otherwise, any other competing line of telegraph.
Joint-Stock Companies or Associations Treated as Corporations.
Section 13. The term "corporation," as used in this article, shall be construed to include all joint stock companies or assoc ations having any of the powers or privileges of corporations not possessed by individuals or partnerships.
*Section 11 of Article 16, as given above, is Amendment No. 1, as adopted by a vote of the people November 2, 1920. The section previously read as follows:
Section 11. No corporate body to possess banking and discounting privileges shall be created or organized in pursuance of any law without three months' previous public notice, at the place of the intended location, of the intention to apply for such privileges, in such manner as shall be prescribed by law, nor shall a charter for such privilege be granted for a longer period than twenty years.
RAILROADS AND CANALS.
To be Public Highways and Common Carriers Rights and Duties of Railroad Companies.
Section 1. All railroads and canals shall be public highways, and all railroad and canal companies shall be common carriers. Any association or corporation organized for the purpose shall have the right to construct and operate a railroad between any points within this State, and to connect at the State line with railroads of other States. Every railroad company shall have the right with its road to intersect, connect with or cross any other railroad; and shall receive and transport each the other's passengers, tonnage, and cars loaded or empty, without delay or discrimination.
Companies Organized in this State to Maintain Offices and Stock Books Therein.
Section 2. Every railroad and canal corporation organized in this State shall maintain an office therein where transfers of its stock shall be made, and where its books shall be kept for inspection by any stockholder or creditor of such corporation, in which shall be recorded the amount of capital stock subscribed or paid in, and by whom, the names of the owners of its stock and the amounts owned by them, respectively, the transfer of said stock, and the names and places of residence of its officers.
Transportation of Persons and Property-Undue Discrimination Prohibited-Special Rate Tickets.
Section 3. All individuals, associations and corporations shall have equal right to have persons and property transported over railroads and canals, and no undue or unreasonable discrimination shall be made in charges tor, or in facilities for, transportation of freight or passengers within the state or coming from or going to any other State. Persons and property transported over any railroad shall be delivered at any station at charges not exceeding the charges for transportation of persons and property of the same class in the same direction to any mor distant station; but excursion and commutation tickets may be issued at special rates.
Parallel or Competing Lines not to be Consolidated-Officers of, Restricted-Juries to Decide Whether Companies Are.
Section 4. No railroad, canal or other corporation, or the lessees, purchasers or managers of any railroad or canal corporation, shall consolidate the stock, property or franchises of such corporation with, or lease, or purchase the works or franchises of, or in any way control any other railroad or canal corporation owning or having under its control a parallel or competing line; nor shall any officer of such railroad or canal corporation act as an officer of any railroad or canal corporation owning or having the control of a parallel or competing line; and the question whether railroads or canals are parallel or competing lines shall, when demanded by the party complainant, be dec ded by a jury as in other civil issues.
Powers of Incorporated Common Carriers Limited-Privileges of Mining and Manufacturing Companies.
Section 5. No incorporated company doing the business of a common carrier shall directly or indirectly, prosecute or engage in mining or manufacturing articles for transportation over its works, nor shall such company, directly or indirectly. engage in any other business than that of common carriers, or hold or acquire lands, freehold or leasehold, directly or indirectly, except such as shall be necessary for carrying on its business; but any mining or manufacturing company may carry the products of its mines and manufactories on its railroad or canal not exceeding fifty miles in length.
Officers and Employes not to be Interested in Company's Contracts or Transportation Business.
Section 6. No president, director, officer, agent or employee of any railroad or canal company shall be interested, directly or indirectly, in the furnishing of material or supplies to such company, or in the bus ness of transportation as a common carrier of freight or passengers over the works owned, leased, controlled or worked by such company.
Discriminations and Preferences in Charges and Facilities Forbidden.
Section 7. No discrimination in charges or facilities for transportation shall be made between transportation companies and individuals, or in favor of either, by abatement, drawback or otherwise, and no railroad or canal company, or any lessee, manager or employee thereof, shall make any preferences in furnishing cars or motive power.
Granting of Passes Limited.
Section 8. No railroad, railway or other transportation company shall grant free passes, or passes at a discount, to any person except officers or employees of the company.
Consent of Local Authorities Necessary for Construction of Street Railways. Section 9. No Street passenger railway shall be constructed within the limits of any city, borough or township, without the consent of its local authorities.
Acceptance of this Article Necessary for Future Legislation.
Section 10. No railroad, canal or other transportation company, in existence at the time of the adoption of this article, shall have the benefit of any future legislation by general or special laws, except on condition of complete acceptance of all the provisions of this article.
Powers and Duties of Secretary of Internal Affairs in Regard to Transportation Companies.
Section 11. The existing powers and duties of the Auditor General in regard to railroads, canals and other transportation companies, except as to their accounts, are hereby transferred to the Secretary of Internal Affairs, who shall have a general supervision over them, subject to such regulations and alterations as shan be provided by law; and, in addition to the annual reports now required to be made, said Secretary may require special reports at any time upon any subject relating to the business of said companies from any officer or officers thereof.
General Assembly to Enforce Provisions of this Article.
Section 12. The General Assembly shall enforce by appropriate legislation the provisions of this article.
Amendments to Constitution-How Made.
Section 1. Any amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives, and, if the same shall be agreed to by a majority of the members elected to each House, such proposed amendment or amendments shall be entered on their journals with the yeas and nays taken thereon, and the Secretary of the Commonwealth shall cause the same to be published three months before the next general election, in at least two newspapers in every county in which such newspapers shall be published; and if, in the General Assembly next afterwards chosen, such proposed amendment or amendments shall be agreed to by a majority of the members elected to each House, the Secretary of the Commonwealth shall cause the same again to be pub lished in the manner aforesaid;.and such proposed amendment or amendments shall be submitted to the qualified electors of the State in such manner, and at such time, at least three months after being so agreed to by the two houses, as the General Assembly shall prescribe; and, if such amendment or amendments shall be approved by a majority of those voting thereon, such amendment or amendments shall become a part of the Constitution; but no amendment or amendments shall be submitted oftener than once in five years. When two or more amendments shall be submitted they shall be voted upon separately.
When Constitution Shall Take Effect.
That no inconveneince 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:
Section 1. This Constitution shall take effect on the first day of January, in the year one thousand eight hundred and seventy-four, for all purposes not otherwise provided for therein.
What Laws and Rights, to Remain in Force.
Section 2. All laws in force in this Commonwealth at the time of the adoption of this Constitution not inconsistent therewith, and all rights, actions, prosecutions and contracts shall continue as if this Constitution had not been adopted.
Election of Senators in 1874 and 1875.
Section 3. At the general election in the years one thousand eight hundred and seventy-four and one thousand eight hundred and seventy-five Senators shall be elected in all districts where there shall be vacancies. Those elected in the year one thousand eight hundred and seventy-four shall serve for two years, and those elected in the year one thousand eight hundred and seventy-five shall serve for one year. Senators now elected and those whose terms are unexpired shall represent the districts in which they reside until the end of the terms for which they were elected.
Election of Senators in 1876.
Section 4. At the general election in the year one thousand eight hundred and seventy-six Senators shall be elected from even numbered districts to serve for two years, and from odd numbered districts to serve for four years.
Election of Governor in 1875 and 1878.
Section 5. The first election of Governor under this Constitution shall be at the general election in the year one thousand eight hundred and seventy-five, when a Governor shall be elected for three years, and the term of the Governor elected in the year one thousand eight hundred and seventy-eight and of those thereafter elected shall be for four years, according to the provisions of this Constitution.
Election of Lieutenant Governor in 1874.
Section 6. At the general election in the year one thousand eight hundred and seventy-four a Lieutenant Governor shall be elected according to the provisions of this Constitution.
Election of Secretary of Internal Affairs-Office of Surveyor-General Abolished.
Section 7. The Secretary of Internal Affairs shall be elected at the first general election after the adoption of this Constitution, and, when the said officer shall be duly elected and qualified, the office of Surveyor General shall be abolished. Surveyor General in office at the time of the adoption of this Constitution shall continue in office until the expiration of the term for which he was elected.
Office of Superintendent of Common Schools Abolished.
Section 8. When the Superintendent of Public Instruction shall be duly qualified the office of Superintendent of Common Schools shall cease.
Eligibility to Re-election of Present State Officers.
Section 9. Nothing contained in this Constitution shall be construed to render any person now holding any State office for a first official term ineligible for reelection at the end of such term.
Judges of Supreme Court-Expiration of Terms-Additional Judges to be Elected.
Section 10. The judges of the Supreme Court in office when this Constitution shall take effect shall continue until their commissions severally expire. Two judges in addition to the number now composing the said court shall be elected at the first general election after the adoption of this Constitution.
Certain Courts Abolished on December 1, 1875-Court of First Criminal Jurisdiction for Counties of Schuylkill, Lebanon and Dauphin Abolished.
Section 11. All courts of record and all existing courts which are not specified in this Constitution shall continue in existence until the first day of December, in the year one thousand eight hundred and seventy-five, without abridgment of their present jurisdiction, but no longer. The Court of First Criminal Jurisdiction for the counties of Schuykill, Lebanon and Dauphin is hereby abolished, and all causes and proceedings pending therein in the county of Schuylkill shall be tried and disposed of in the courts of Oyer and Terminer and Quarter Sessions of the Peace of said county.
Register's Courts Abolished.
Section 12. The Register's courts now in existence shall be abolished on the first day of January next succeeding the adoption of this Constitution.