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The state journal. [volume] (Harrisburg, Pa.) 1883-1885, January 10, 1885, Image 3

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adminlstration of criminal justice isnota
Commendable feature in our Jur.xspru;
dence. While it is trae that certainty o
punishmcnt is pnn}ar_fly to be sought in
the execution of crm}mal laws mllnerlhgr&
speed, yet deliberation, when protracte
10 such an extent as to become delay, is
ia reality a mockery of justice. Ourl
laws are sufliciently jealous of the
rights of defendants iu capital cases to
prevent apy indecent haste in their trial
and pusishment, but it may be seriously
questioned whether the opportunities for
delay offered by existing statutes do not
tend to defeat the most salutary public
purposes of our Papal Code. It is now
often the case that prisoners are executed
at a time when the public has
ceased to think of them or their
ciimes, and so long afier the com
mission of the offense that the people
have lost all recollection of it, and need
to make inquiry anew to ascertain tne
reason why one of their fellows is being
hanged. When this occurs it 18 doubtful
if any other good is accomplished than
nere{y inflicting the vengeance of the law
upon the Lody of the particular offender.
The public lesson is lost, and the impre3-
sion intended to be made upon the minds
of the vicious, and all others, of the cer
tain, prompt and inexorable majesty of
retributive justice is, to & great extent,
destroyed. Ay
Provision should be made requiring
capital cases taken to ihe Supreme Court
to be perfected by the defendants and
heard and decided by that court within
sixty days after judgment on the verdict,
and giving such cases priority over all
others at any of the sessions and in any
districts of the court. After affirmation
by the Supreme Court the law should
require the warrant of execution to issue
immediately, fixing the day «of
execution not less than thirty
nor more than sixty days from its
issue, and the Board of Pardons should
be required to hear and determineall such
cages befere the day fixed for execution
of sentence. Of course, the Legislature
may, in its wisdom, if it sees proper to
carry this suggestion into cffect, lengthen
or shorten the periods named. Undoubt
edly something shouid be done to give
certainty and reasonsble promptitude to I
the execution of criminal justice, and put
a stop to the prolonged delays so often |
occurring, to meet which the Governor is |
frequently required to again and again
withdraw death warrants and re
prieve the prisoners to more dis
tant days, to conform to the slow march
of penal laws. If this evil can be cor- l
rected, it will do away with much of the
disfavor into which Capital punishment
has fallen, and much of the mawkish
sentimentality that surrounds the scaffold.
The offence and its punishment being
brought nearer together, the public will
see the meetness and justness of the retri
bution. The prisoner, too, will be more
likely to make proper preparation for his
inevitable fate when he is no longer sub-
Ject to the fluctuation of hope, to which
he is now invited by our laws to cling.
Recommends a Salary for the Secretary of
State and Atiorney General and no Fees,
I rccommend the fixing of a definite
salary for the Secretary of the Common
wealth, and the Attorney General
Those officers are now compensated
Fartly by fixed salaries and partly by
ees. The tendency of recent legislation,
the spirit of the Constitution, and the
sentiment of the people, are opposed to
the fee system for compensating public
otlicers, and it should be abolished
wherever it still exists. The re
muneration of all officials should
be by fixed and definite salaries, so that
the public may be enabled without trou
ble to know exactly what they pay their
servants, and Low much their Govern
ment costs them. Fees are taxes or ex
actions from the substance of the people,
no matter how they are collected, or by
what name they are called.
The Members of the Legislature Should
Have a Fixed and Definite Salary,
In this connection occasionis also taken
to urge the passage of a law fixing a spe—~
cific salary for members of the General
Assembly. The existing law upon this
subject, while a technical compliance
with, is in leality an evasion of the con
stitutional direction that the members
shall be paid a ‘‘sa'ary’ to be "‘fixed by
law.”” There can be no doubt that the
popular understanding of that provision,
and of the meaningof the word “‘'salary,”’
Is that the compensation of legislators
shall be by a certain specific and invaria
ble sum, not regulated in its amount by
the action or non-action of the leg
islators themselves. In the popular
mind, at least, the word ‘=salary”’
has obtained a signification contradistin
guished from the idea of pay by the
ay. Moreover, the debates in the con
vention upon this clause of the Constitu
tion, and the public discussion of the
subject at the time, leave no room for
doubt that per diem compensation oi the
Legislature was regarded as an evil, and
that the section upon legislative pay e¢m
bodied in the tundamental law was in
tended to abrogate that method of oflicial
recompence. The act of 1874, however,
fails to carry out the spirit and intent
of the Constitution, and continuel
the per diem idea, if not in alf
its provisions, at least in that part o
it giving members ten dollars a day for
each day not exceeding fifty that the Leg
islature extends its session beyond one
hundred davs. The result has been to
bring scandal and reproach upon the
Legislature among the people, who have
not hesitated to suspect that the prolonga
tion of its sessions by the General Assem
bly to the utmost limit of time for which
compensation could be claimed, Las been
for the sole purpose of increasing its pay
to the last dollar it may lawfully take
from the Treasury. Such distrust by the
people of the motives of their representa
tives is a thing to be deplored, and urg
ently demands correction. The Legis
lature, therefore, for the preservation of
its own dignity, and the protection of
itself from the imputation of selfish and
unpatriotic motives, as well as in obedi
ince to a plain public demand and the
spirit of the Constitution, ought to
promptly pass a law fixing a definite and
lnvariable salary of a reasonable amount
fcr the compensation of its members.
The practicability of providing for the
mymntwof salary by the month, as mem
-18 of Congress ure paid, is well worthy
of consideration. it
No Money or Froperty Qualifieations for
I recommend the passage of g resolu
tion submitting to the people for adoption
an amendment to the Constitution abol
ishing payment of tax as a qualification
for electors. As practically carried ont
the payment of a poll tax asa qualifica.
tion for voting has largely contributed to
debauch our politice, und bring our elect
ive system into reproach. It is a
matter known of all men that the politi
cal parties yearly contribufe immense sums
from the party treasuries to qualify elec
tors by wholesale for partisan purposes.
‘This system degrades the suffrage right,
is dangerous to free institutions, and gives
to political parties an influence over the
indigent or indifferent that may be used
to subvert the popular will, and prevent
the ballot box from recording the unbiased
choice of the people. It tends to make
elections unduly expensive, and gives
rise to powerful and dangerous party
‘organizations, hostile to healthy
porfspt.ical sentiment, and t(he main
purpose of which scems to be, by
assessment upon office-holders, and in
other ways, to raise large sums of money
to control elections in the interest of
parties apnd factions. In the abstract a
money qualification for votes is an odious
and undemocratic principle, at variance
with the theory of Republican govern.
ment, and having & tendency to_ give
undue influence to wealth and divide the
community upon the basis of riches and
poverty. = This is true whether
the qualification consists 1n the
owrership ot property ~er the
{ payment of a tax. In point of fact,
| however, the money qualification re
| quired by our law is no qualification at all,
i and keeps alive an odious discrimination
| without the slightest effect in limiting the
suffrage, but giving opportunity for the
l worst cvils of corrupt partisan cnntrol of
{ the ballot. It is preposterous to suppose
[ that a citizen otherwise qualified for an
' intelligent exercise of the right of suf
frage is made any more so by the payment
of fifty cents, or that one disquali
fied without such payment is habilitated
with the high attributes of a sovereign
clector by contributing & half dollar to
the public treasury. Iregret the end in
view cannot be accomplished expedi
tiously by the passage of an ordinary
statute, and that this relic of an age and
theory inimical to free representative gov
croment requires the slow process of a
constitutional amendment for its eradica
Too Many Divorces Granted.
Our Commonwealth has of late years
obtaincd a notoriety, which all good citi
zens must deplore, as a place where de
crees of divorce may be easily and quickly
obtained. Persons desiring to relieve
themselves of the duties and restraints o
marriage have found that the laws of the
State of Pennsylvania present desirable
facilitics for the accomplishment
of their purpose. Our courts
have come to exhibit a record of decrees
annulling the marriage relation startling
in their number and history, and that
must shock the conscience of all thought
ful people, as it has already been the oc
casion for reproach by the citizens of
other localities. It is undoubtedly a fact
susceptible of proof by judicial records,
and within the knowledge of every
attorncy in general practice, that
partics in other states desiring to lay
aside irksome conjugal tics, acquire a
temporary residence here for the sole
purpose of obtaining the expeditious re
lief which the liberal divorce laws of our
Commonwealth permit. Those laws and
the practice obtaining under them seem
to be based upon the principle that di
vorces arc a thing to be facilitated by
the Ssate, and their procurement
made ecasy, prompt, secret and cheap.
Some of those provisions do actually
seem to invite discontented husbands and
wives to seek the dissolution of their mar
riage tics. What other construction can
be put upon the law that allows divorces
for desertion extending for the period of
two years, but permits proccedings to be
instituted within six months after such
desertion began? In other words appli
cation is permitted to be made when the
offense is only one fourth consummated,
in anticipation of Its finally reaching the
extent required by law. Steadily since
1815 our laws have been opening the
door of escape from the marriage state
wider and wider, relaxing the restraints
and destroying the solemnity of tia sa
cred relation. Each of the successive
acts of 1847, 1850, 1854, 18535, 1838 and
1859, have been either extensions of the
causes of divorce, or of the jurisdiction of
the courts as to persons or subject matter.
At the same time, the rules of practice of
the courts, following the bent of legisla
tion, have made smooth and easy the
processes which bring death to the holy
institntion which is at the base of all pri
vate virtue,social safety and national hope.
This is a matter that deeply concerns
the State,and no subject presenta stronger
claims upon the General Assembly for
earnest consideration and effective reform.
The Government whose laws fail to sur
round the citadel of the tamily with rea
sonable gaards, exposes the fortress of
its power to the most insidious and de
structive of foes. It is nodoubt true that
laws cannot make people virtuous, but
they can prevent vice from having free
sway, and bringing its evil ecffects upon
the innocent and defenceless. Herein,
with reference to marriage, is the true
function of human government.
There are two lines upon which the
Legislature may move in proceeding to
correct this abuse. One is in providing a
more ligorous and less expeditious divorce
law, and the other such legislation as will
tend to prevent hasty and ill assorted
marriages. These remedies are helpful
of each other, as the evils which they are
intended to correct are really productive
of each other. Hasty marriages are a
prolific parent of divorce, as strict laws
and a healthful sentiment upon the sub
ject of the indissoluble character of mat
rimony are a restraint upon imprudent
I invoke for this subject the thoughtful
attention of the Legislature, and subinit
for their consideration in this behalf the
following suggestions :
Ist. The requirement of a residence
in this State of at least two consecutive
years immediately preceding the com
mencement of any action for divorce.
21. That malicious desertion as a
ground for divorce shall have continued
for and during the space of at least three
years immediately before the commence
ment of any action for that cause.
3d. If cruel and barbarous treatment
shall be continued as a cause for divorce,
it shall be actions by the wife only, and
shall be confined to actual violence to the
4th. Limiting the jurisdiction of our
courts in actions for divorce to causes
occurring while the persons were bona
fide residents of this State.
sth. The prohibition of marriage by
the guilty party in a decree of divorce
during the lifetime of the other, and de
claring all such marriages void in Pern
solvania, whether contracted herec or
¢th. The making it a misdemeanor,
punisnuable by flne and imprisonment, for
any magistrate or clergyman to marry
any minor or other persons in violation
of law.
More Stringent Liquor Laws Necessary,
The attention of the Gencral Assembly
is called to the need of some legislation
regulating the sale of intoxicating liquors.
The State has the same warrant for legis
lating upon this subject that it has upon
the subject of marriage and divorce—
the right inherent in every organized
community to protect itself from in
jury, or the liability thereto, re
sulting from the acts of persons
within its lawful jurisdiction. It is un.
necessary, however, to attempt to adduce
arguments in support of the legality of
legislative restriction upon the traffic in
intoxicating liquor, as the constitutional
ity of such measures has been repeatedly
affirmed by courts of competent author
ity. The important question for consid
eration is whether the sale of such liquors,
as at present conducted, is a public evil,
and what remedy can be applied for its
I have no hesitation in pronouncing
that, in the judgment of the Executive,
there is no more wide-spread and debas
ing evil, alike injurious to the morals,
health, public usefulness, law-abiding
spirit, happiness and prosperity of the
people, than the present virtually unre
stricted sale of intoxicating drinks. There
is no disinterested and careful observer,
no student ~f practical government, who,
if he speaks his mind, will not admit
that drunkenness is the most pro
lific cause of poverty, crime, misery and
sin that afflicts the people. The convicts
in our prisons, the paupers in onr alms
houses, the inmates of our insane institu
tious, and the inhabitants of the abodes
of squalor and shame are largely re
cruited from the dram shops and taverns.
In its moral and in its economical aspects
the Btate is equally eoncerned in the
problem of the repression of drunken.
ness. The subject has reached a point
where the decent and law-ahiding people
in the community have become aroused
to the neceBsity for effective action. and
it behooves the General Assembl{, in re
gponse to that just sentiment, to look the
question fearlessly in the face, and adopt
such judicious measures as will at least
affect an amelioration of the evil.
The returns of the county commission
ers show the presence of 6,358 licensed
drinking places in the city of Philadel
phia alone. This is at the rate of one
saloon for every 125 of the population—
men, women and childien. How many
unlicensed places there are must be leit
to conjecture. This ratio is probably
maintained in most of the cities. Such
a statement is of itself sufficient proof
that our present license laws are inoffect
ive as a proper regulation of this traffic.
The evil and wrong of drunkenness all
admit, and the law recognizes. The var
lous regulations respecting the licensing
of taverns, and the punishment of public
drunkenness, is the assertion by the law
of the right and necessity of statutory
control and restriction. Theadvocacy of
such legal restraint is therefore no new
doctrine. What is now contended for is
what all fair-minded persons must admit,
that the present lJaws upon this subject
are ineffective and inadequate. 1
therefore recommend the increase
of the cost of license to such a sum as
will decrease the number of tavern, and,
if possible, weed out the enormous num
ber of tippling places which infest the
community. There ought also to be
careful regulations respecting the grant
ing of such licenses, particularly in the
large cities, with a limitation as to the
number to the population, and pro
visions requiring the petition of
citizens of the neighborhood set
ting " forth '‘a desire for the
establishment of such places, and the ex
istence of a public necessity therefor.
Discrimination might possibly be wise in
such legislation between rural districts
and cities. The details of such a meas
ure, however, (as the whole subject
matter), are for the wisdom of the Gen
eral Assembly. Whether such changes
in the law as I have suggested will pro
duce the desired end. can only be deter
mined by time. They will certainly
have a tendeney” in that direction, and
they are recommended as a practical
effort for the accomplishment of a much
needed reform.
The Extravagance ol the GGeological Survey.
The making and publishing of the Geolog
ical Survey of the State i 3 a matter that 1
think calls for legislative survey. I'his un
dertaking began in the year 1873, and since
then there have been expended in its publi
cation alone in July 1, 1884, the following
sums: Printing, $369,754 40; engraving, $76,-
231 42; paper, $108,2)2 16. The cost of the
work completed since July Ist last is: Print
ing, $21,203 91; Pager (about), $4,80). The es
timated cost of the work now in hand is for
)l)rlmlng. $lO,OOO, and for paper $3,200.
'hese sums aggregate for publica
tion alone¢ $393,481 89, In addition
to this amount the commission having the
survey in charge has expended about $130,-
000, making ths total e_\'fwmmurc for this
work over one million dollars. There have
been published 73 velumes, at an averago
cost of about $14,080 per volumsa. OFf each
volume there have been yvrinted from 2,000
to 5,000 copies, making the ocost of each
book from three to five dollars. The work
s still uncompleted, and additional
appropriations will ?mbubly be asked
for the enterprise. Bofors any further
money is spent vpon this undertaking, it
seems tome there should be some under
standing arrived atas to when thisenormouns
outlay will cease, whether the value of the
sudject is commensurate with its cost, and
whether the work so far paid for has been
economically done, and the money jadi
ciously expended. The act of 1574 providing
foa the survey should be carefully revised by
the Legislature, and Ifmitations put
ulpon the powers of the comiuis
gfoners to cntail oxpense., The sal
aries of the Geologist and his assist
ants, and the form and character of the
publieations, are now exclusively within
the discretion of the Commission. This
should be remedicd by provisions regulat
ing to some extent the cost to which under
taking can be oarried. Particulariy should
the printing be brought within some reason
able limit, and a method devised for some
careful audit, and supervigion of the ex
ggnse thereof, which, at present, seemns to
withoutany responsible check or control
specific Sums Should Always Be Appro
priated, _
As related in some degree to this siibject,
I recommend that in all cases of expendi
ture of &mblio money there should be a spe.
cific and limited sum appropriated, and no
expense shouid be authorized without a
fixed limit as to its amounnt. It {8 not un
usual—particularly with respect to the pub
uc&)rlnting——t‘or a certain rate to be named,
and expenditure authorized of *so much
muoney as may be neccssurg." Itis exceed
lnfly doubtful whether suchso-stviedappro
priations conform to the constitutional re.
quirements of an appropriation bill. How
ever that may be, the method is an exceed
ingly loose und unwise one. Such an un
limited draft upon the treasury i 3 at vari
ance with ail sound business principles. 1t
is this systemn that has in part given rise to
the extravagant amount and character of
the public printing. 'The enormous nun -
ber ot public documents printed, their
great size, the uunuccssarr and useless
guuntity of matter with which they are
lled, have long been a matter of known
extravsgance, So glaring had this waste be.
come that the 'ast Legislature attempted
its correction in part, by reducing
the number of volumes authorized 40
to be printed. The defect in the law s In
not ap{’rintlng a limmited amountin all cases,
beyond which the cost of publication can
not go. There is not the slightest practical
difficulty in doing this, with reference to
every expense authorized. It this were
done, there would soon be a reduction in the
size and cost of public documents, without
any diminution ot their real usefulness as
sources of popular information
Repeal the P’recent State Printing Law.
The repeal ot the present State Printing
law is recommended, and the pasgage of a
new statute based upon the principles sug
gested, with a further and aaditional safe
guard thrown around the expenditures in
that department by the specific limitations,
and a thorough system of audits and ac
counts. The expense for printing for each
de?artmont. of the Governmment should be
paild from detlnite appropriations made di
rectly to each department upon warrant
drawn by the head of each department,
which, when approved, shall be couuter
signed by the Auditor General. There has
been abuse in the Y,uhllc printing, and there
will always be liability thereto, so long 8s
the present loose, irresponsible and unbusi
ness-like system is continued.
Your attention is also called 10 my views
on the subicet of advertising expressedin a
former message, A judiecioussupervision of
this subject must necessarily result in the
saving ot large sums ot meney to the Com
monwealth, as is abundantly illustrated by
the fact thatthe payments tor advertisin
in the State Department for the years w‘f’. 2
and 1334 have been $5,946 86, as against $30,-
016 93 for the years 1881 and 1882, showing a
saving on that item of $24,070 06,
1 recommend the regeal of the act passed
in 1868, mklng from the council of the city
ot Philadelphia the control ot the streets of
that eity in regulating the rights of passen
gor railways thereon. The cbharters of in
corporation of most of the rallways, passed
before that act, explicitly give to the city
the power to impose reasoneble regulations
and duties upon the roads in cennection
with the streets. The act of 1368
scems to have been intended solely
for the benent of the railroads, and its pas
sage utterly I¥nored the rights of the people
and authorities of that city in their high
ways, Indeed the powers expressly given
to the city by the characters of these curpo
rations were of the essence of the grant,and
were a needed restraint upon the companies,
and protection to the ¢ity. To vepealtheanct
of 188 would be ouly to {)ub these
corporatioas im the position they vol
unturfl{ accepted when they were called
into be ng,and weuld give back again to
the city that Power over its streets, to which
it is entitled In common justice as a curb
upon the unrestrained ilapremacyok railroad
companies. There need be no fear ot that
ci? “beiug unjust to the roads. There is
intfinitely greater need for fearof the roads
being uclc'i’u“ to the city. 'l'hat?' should not
be placed above the municipal anthorities
where the act of 1868 placed them, and
where they have not failed t¢ exorcise their
power in the most highhanded and offen
sive manner. ik iy % §
lam obliged again to direct the attention
of the General Assembly,as [ did in my mes
safio ot the last session, to the continucd
fallure of the law-mnkin§ power to ade.
%untely carry into effect the provisions of
the seventeenth article of the Constitution
relating to railroads and canals, For some
reason there has bLi¢en an undoubted spirit
of hostility shown by the Legislature to the
enforcement of that section ot the fanda
mental law ever slnce ita adop
tion in 1374, When 1t is considered
that the seotion contains the
explicit command that the General As
sembly shall enforce, by appropriate legis
lation, the provisions ot -fgis article, and
that the members have sworn to obey the
Constiiution, there can be no proper de
tense made for the default. The wisdom of
the provisions of the article Is not a ques
rion for the decision of the Legislature.
That was determined when the g:o&l:
adopted the Counstitution, whioh
higheat and most sacred expressi
their will, Neither can mergn l?(g
any pretense mmade that the people have
at all changed their minds upon the subject,
or that they nn lon¥er desire their will in
this regard to be enforced, or that the evils
intended to be corrected haye ceased to ex
ist. The wrongs of railroad diserimination
and the free pass abuse are as aotnal and
glaring to-day as ihey were when the Con
stitution was adopted. The geople sre as
deedply in earnest in desiring the prevention
apd punishment of those wrongs as they
ever were, aud the ustice and reasonavle
ness of the provisions of the 17th article are
more cioar and undoubted than they have
ever been. Recent investigations have
disclosed in the single matter of the coal
carrying trade how wide-spread, üb!tmrf.
deflant, oppressive and unjust to the people
of the State have been the discciminations
made by railroad corporations. Ido not re
gard it as at all necessary to adduce facts to
prove that diseriminations aguinst certain
persons and places, and in favor of othera,
are being continually made or that
the peoß‘l’o of this State in an unusual
degree ve suffered therefrom, even in
some instances to thealmost com?lete alien
ation of the henetits of some industiies.
These facts are so well known as to need no
demonstration, and have been repeatedly
laid before the public and the Legislaturae.
Pennsylvania has beena chief sufferer from
these injuries. Knewing this, the.geople in
the exercise of their sovereign right delib
erutely inserted in their fundamental law
provisions restraining corporations from
continuing the injustice, and commended
their representatives, uander the solemn
obligation ot an oath. to enforce these
provisions, These regulations have their
sanction in abstract justice, and in princi
ples ot law that are now graven ineffacea
bly in our jurisprudence. They require
cm-I)omtlons to treat all man tairly, impar
tlally and j uat.l?', to avoid extortion, to com
mit no corruption, and to confine their aec
tivities to the business tor which they were
created, ’l‘hefl assert t: e invulnerable doe
trine that railroads are public highways,
that the cmip(n'ations held their franchises
a 8 trustees for the publie, that the primary
purflnoso of their creation was the public
weal, and that the right of the peogle to
regulate and control their businessand tolls
is &~ sovereign power that the Legislature
cannot grant or barter away. These princi
ples are everg da.iebecomlng more and
more imbedded in the law, and are receiy
ing the sanction of judicial sribunals when
ever brought before them for decision.
’l‘he{nnre no longer disputable questions,
but the contest between the power of
monogoly and the people th¢y have been
settled, as all foresaw they must ultimately
be settled, in favor of the people, and the?'
have now the axiomatic torce of the prinei.
ples of the bill of rights.
What excuse can be made then for the per.
sistent and unlawfal refusal of the Legisia
ture to enforce these pflnciPles as expressed
in the Constitution ? Until the last session
there had not been everan attempt to give
due affect to the law, and the sincere eg'ort
then made by some to bring the raiiroads
to justice was defeated by an abortive
and mocking statute that could scaroely
have been more favorable to the corpora
tions and inimiecal to the people had it been
expressly intended to defeat the enforce
ment of the Constitution. Upder pretenoe
ot punishing discrimination, it introduced
descriptions and conditions into the defini
tion ot the otfernce that made it almost im
possible for any action to be brought under
the statute. Such conditions are not con
tained in the 17tharticie of the Constitution,
and the Legislature has no right to interpo
late them in any act intended to carry that
instrument into effect, Under the act of
1883, discrimination, to be actionable must
be for like services under similar circum
stances, upon like conditions, and in trans
portation from the same place; and, unless,
all these conditions exist, no remedy or
punishment is provided. How vain and
mocking isB such an enactimment, and how
rarely, if ever, could such ldentit{ of facts
exist as to snpport this statute. The Con
stitution requires no such similarity and
likeness in ¢ reumstances, kind of service,
conditions and identity of place, to con
stitute discrimination; and to in.
corporate these into the law i 3 worse
than no lc;flslation at all, and it 18 a
sort ot legisiative constraction of the Con
stitution that such conditions are requisite.
All that §s necessary to be done is 1o en
force the 17th article is to enact penalties
for a ;violation of the provisions of the 3d,
4th, sth, 6th7th and Sth sections, and to re
quire publication by the roads of their rates
of freight, by posting or otherwise, The
sections referred to are, [ belleve, sufll
ciently explixit to serve theo purposes of a
statute; but certainly any changes in them
should not be by incorporating into them
conditions that robthem of all their vitality.
Let at least a trial be made of an enactment
of the clear letter of the Constitution, and
provide adequate remedies tor a violation
thereot, that it may be ascertained whethor
the people are able to entorce their supreme
will through the medium of their courts of
justice. All legislation on this subjeot
should also provide for the vublication of
freight rates and tolls, as otherwise unlaw
ful charges will be diflicult of proof.
There {8 Ino reason why these
publie corporations should not
trunsact their business publicly. It is al
ways a suspicious emen when the executors
ot a trust want to keep their actions secret
from the lawful beue}lcixrive of the trust.
The act of 1883 is defective and unavailing
also in not maklnig any provisions respect
ing the consoliation of parallel or of com
peling corporations, or against common
carriers engaging inmining, manufacturing
or other business thancommon carrying, or
against the issuing of free passes by
such corporitions. All these things
are prohibited by the 17th article,
and are -openly carried on to-day;
yet the Legislature has studiously and per
sistently refused to enforce the organic law.
Moreover, I am pertectiy olear that provid
ing merely civil remedizs against the com
hanies for violating the law will be inef
}ectmu in its enforcement. What is needed
is the muklufi such violations a criminal
otfense, punishable by thse fine and impris- |
onment of the officers and employes know
ingly committng the criminal act, as well
as giving a remedy in damages to
the party aggrieved and also sub
jecting the corporation to investiga
tion of its business, and, if necessary, for
feiture of its franchises. The processes of |
the civil courts are too siow and expensive
to be effective for the inaividual in enfore
ing them against the power and wealth of
vast corporations. Butif the wmn% to the
public and agaiust the supreme law be made
a criminal offence, and the power of the
Commonwesalthbeexertedinenforecing pun
ishment, there will be & more reasonable
hope of deterring wrong aoers, and intlict
ing retmbutive justice. It isa mistake tore
gard the evils of such corporate wrongs as
indifferent or trifling. They are of the most
serious character. They vex and harass the
individual citizen in his business and estate,
they oppress large sections, masses and en
terprises; they build up one man and one
locality at the expense of others; tht;y med
dle with the nataral development of trade,
and they levy impoverishing tribute upon
the farmers, artisans and consumers ot one
community in favor of those of another.
Every day the enterprise of the independ
entprese 18 disclosing the enormity of these
abuses. 1 therefore urge tho General As
sembly in the strongest manner to give
efficacy to the orzanic law, in obedience to
the dictates of justice, and according to
iheir sworn obligation, by the pmmfit pas
sage of an adequato law enforcing the 17th
article of the Constitution,
Civil Servce Reform—Ever{‘ Untit Appoint
ment a Robbery of the People,
I recommend the passage of a civil servicn
aw regulating aEpOhmnents in the various
(‘iopurtments of the State Government, The
doctrine which for want of a better nane
is called *Civil Service Reformn,” is the
sound principle upon which the affairs ot
the peopleshould be conducted. Noamount
of sneering at the ad. ocates of such a policy
can lessen the force and justice of the argu
ment that the servants af the pesople shou:d
be selected for the same reasons of compe
tency, honesty and fitness that apply in
vivate business. Heads of Departments
{un'e no legal or m.oral right to treat the ofti
ces under them as a personal appendage to
be used in rewavding political friends and
adherents to the detriment of the public
sorvice, Every unfit appomuuentso made
is & robbery ot the public. The people arve
entitled to the highest abllity and best ser
vice commandable by open oumPeutlon for
the compensation ¥iven. A publicoflicer in
the distribution of the posts under him is
quite as much a trustes for the publioc as he
is In makingany other expenditure of pub
lie mom?', or performing unx ather public
duaty. If in the purchase of sup,lies he
should award & contract to a personai friend
who sunplied a poorer quality of articic than
could be obtained from another at the same
price, no one would hesitate to cail such a
2)l'occedlng by {is proper name of corrap
ion. What distinction is there between
such a transaction and the ?’Ppolmmcm of
an unfit person to a publie oflice, simply be
cause he 18 a personal or‘pumlcal friend? In
each case tkoe public is deprivod
of tha just return to which lit is
entitled for the money axpended
The time hls arrived wheun such practices
should be stopped by the passage of a civil
service law providing for the examionation
of applicants for the positions of given
grades, and their selection upon principles
of fitness and charaecteralone. The timeand
circumstances are anspicious for the inaug
uriation of sucha reform in the State ser
viee, and I trust this Legislatyre will
prom}my adopt the measures necessary for
carrying it out. ‘ihe clvil service law
adoptedg in New Yoik during the last year,
and thfit {n foree in Massachusetts will serve
8s 6xoollent maodels upon which to frame an
enactment for our own Commonwealth,
This reform is urgent, and demanded b;‘ the
public, and while it may be delayed for a
time, its accomplishment in the near future
is a certainty.
Apportionment—Way He Did Not Convene
the Legislaturea Seoond Time.
I again call attention te the failure of the
Legisiature to apportion the State into
:_:on%relslonal, Senatorial and Representa
tive districts in accordance with the pro
visions of law, and the explicit command
of the Constitution. The dutly has been
nt;_&octcd by two successive legisiatures.
After the failure at the last regular session,
I made an ineffectual attempt to enforce
the will of the pooplo a 8 oXPlessed in the
command of the orfmtc Iw, by recaliing
the General Assetnbly into extra smi? for
the purpose of Performmg their plain diity.
The effort in this behalf wasa complete tail
ure. The two Houses remainel in ostensi
ble session for six months, during which
time there was little or no sincere ef
jort made in carrying the law into effect,
They a.dljouroed at last with the Constiru
tion still unobeyed, but not without easily
succeeding, by sinking all their ditfferences
(which they had ostentatiously paraded for
the previous six months for the purpose of
deteating the law) in a coalition 10 over
ride the Execuiive veto, and take over
& hall million dollars of the people's
money without rendering any retorn
in service. The conviction of duty which
mduced me to call the extra session” has not
changed by reflection, and I would have
again recalled the defaulting houses into
session had I seen the slightest reason for
believing they would have done anything
more than derlete the public Treasury. D -
sides this it was evident tbat the People
were not so unanimously in accord with the
Executive in his purpose to have the Consti
tution obeyed at whatever cost their repre
sentatives might choose to inflict upon
fhem, as to justify u second ex
tra sesslon. I thercfore permitted
the members, without recull, to go to thelr
homes with their unearned money in thetr
pockets. and with the record of their
disregarded oaths and a defled and violated
Constitution bhehind them. The reasons
which actuated me then a esetout at length
in my proclamation convening the session.
They are equally forceful now, and 1 call at
tention to them as my views upon
thse duty of the pre ent General
Assembly in the promises. The re:son
which made me particularly desirous,
aside from the legal commsand, that
apportionments should be made at the last:
seasion, was the fact that the two houses;
were then divided ln(f_)outlcal opinion. Such
a condition 1 belfeved to be most favorable
to fair and just bills. The present lLegisla
ture in each branch is overwhelmingly ot
the same predilection. I hope, however,that
by attention to the rules laid down by the
tundamental law FO“ will be enabled to pass
equitable apportionment laws, free f,om
pu.l't.lnl!t{l or partisan unfairness, 10
which the Executive can promptly affix
his signature, and thus §h’e effect 1o the di
rection o' the Constitution, and the hereto
fore defied will of the people,
A Parting Benediction.
Gentlemen of the General Assambly, I
have thus laid before yon my thoughts upon
the condition of the Comimmonwealth, and
have submitted to your consideration sug
gestions looking to the Dbetter govern
ment of the State., That this Ines
sage i 3 largely composed of recom
mendations having in view the corree
tion of errors, the eradication of abuses, and
the reformation of eviis, 1s due to my coa
ception that such is the proper purpose ot a
documentof thiy nature, and the intent of
the law in anuthorizing {ls communiecation
to the Assembly. The basis of our Govern
ment is nw definltely fixed, its systems es
tablished, and its p)liciy fairly settled, Wao
have long ago passed the creative period
of our hlsmr{. What 1s now Eurticu
larly needed is the perfeetion of
its parts, by the liopping off of
extravagances, the supplytu% of guards and
checks, the reductson of burdens, the aboli
tion of unnecessary offices, and by the va
rious reforms the necessity of which 1s de
monstrated from time to time by trial ana
experience. 1 have made it my business, as
1 believe 1t to be my duty, to ocarefully ob
serve and study the §ovcrumout in
its practical administration, for the
purimse of ascertaining what limper
fections or errors there were, and
and what improvements ocould or onght to
be made. In no other way could I obey the
injunction that the Governor“shall take care
that the laws be faithfally executed.”” The
resuits of thisobservation and study are to
some extent now laid before you. As to
those suggestions that relate to open ques
tions involving & mere matter of judgment
an@ expediency, 1 make them with diffi
dence, and subimnit them to the greater wis
dom of the collective bodies. As to those
involving questions of duty, I speak under
the expressed command of the organic law
when { call the attention of the Legislature
to laws detied, rights unenforced, and the
Constitution of the peopls unobeyed an un
It is my parnsat desire to co-operate with
the General Assembly in giving validity to
enactments ;that wiil develope the great
ness of {he Commonwealth, insare
the happiness and prosiu-,rity of the
people, restrain and punish the wrong
doer, and protect and elevate the virtuous
and law abiding. To the Legisla
ture 18 committed a large share of respon
sibility in the nohievement of these results.
I know of no better help to this end than a
rigid study of and compilance with the re
(quirements of the Copstitution as an in
strument of singuhu* perfection, having in
it the expressed will of the people, and
breathing throughout it the puve spirit ot
natural justice, Populm‘ equulity, and po
litical freedom. It should be the ohart and
symbol of all called upon to make, ex
pound, exacute or obeyrthe laws,
J. C. Herman.
22 N. Third Street,
(Cor. Strawberry avenue,)
This Space Reserved for
Enterprise Tin Store,
313 State street
At Lowest Prices to
the Present Times,
404 Broad St
Next to Lutheran Church,
Granite Monuments, Tomb
stones, Marble and Slate
Also a great variely of
Glazed and Enameled, for Vestibule
Floors and Mantle Decorations.
Ouar new stock is now ready for you to see. The patterns are very
very choice and prices surprisingly low.
Velvets, Body Brussels, Tapestry Brussels, Ingrain and Rag
Carpets, Rugs, Door Mats, Druggets, Stair Rods, Carpet
Lining, &c., all at the Lowest possible CASH prices and all
-good guaranteed to he as represented.
¥ q ’
Look for our RED BANNER across the street.
Get the exact measure of rooms and we will cut carpets, eto., to fit.
Kxecutes IPhotographs in the most artistic style and finish. Crayony,
Boudoirs, Panels, Cabinets and Cards. Life-Size Crayon Portraits
a Specialty.
—sielki FULL LINE OF-——
Dress Goods, Blankets, Flannels, Velvets, Velveteens, Silks,
Ladies’ Merino Underwear, Misses' Underwear, Shawls,
Ladies’ Cloaks, Misses’ Cloaks, Kid Gloves, Hosiery,
Trimmings, Black Cashmeres, Cloth Dress Goods
MW RAN & 000
Everything New of the Hatest de
signs in CLOTHING.
A perfect palace. 'The Largest
and Handsomest Store Room in
the city.
B Lyoie e Livg . proaliom, et yos e
15, 39,50 GT3.A QUART!
Dhoioe Cove or Salt Wabar Oysters by bas Baroel a 4
New Books, Children’s Books,
Pocket Books,

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