The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1856-02-15
PENNSYLVANIA LEGISLATURE.

House OF Representatives, Wednesday, Feb.
6.-Mr. SMITH, Of Cambria, moved that the
House take up the bill to incorporate the Fran
clscan brothers, of Cambria county, which was
agreed to.
The bill was read in committee of the whole,
when Mr.. Mumma moved that the committee
rise, report progress, and ask leave 10 sit again.
Mr.. Mumma called attention to the fact that
the courts have power to incorporate this COM
ilany, and that under one Of the Joint rules lis
consideration was out of order.
Mr.. SMITH sad:-NIr. Speaker, this bill was
among the first read in place this session, and /
have deferred calling il up out of order, hoping
that after a number Of bills OF the same kind had
been passed, the gentleman opposing It would
Withdraw bis objections, and allow it 10 pass al
so; but 10 that have been mistaken. He has
had it struck off the calendar; and | now ask to
have ii acted upon.
This school has the reputation of being most
excellent one. A large number of orphan
boys are kept and educated there: indeed, the
essential purpose of the institution is the care
and education OF iriendleSs orphan boys. The
court has not the power 10 incorporate this So
clety and exempt it from taxation, or they
would not have applied othe Legislature for
an act OF incorporation. Almost every aCade-
my Of learning in the State ls exempted from
taxation. Bills ofthe same character have been
passed by this House this session, and why
should not this bill pass? If there was any
thing unusual asked for in this bill--it there
was any thing wrong about 1t | would not have
introduced it---but it is right, it is just, and L
hope the House will pass it.
Mr.. McComb said that one of the loint rules
provided that no company should BE- incorpora-
ted by The Legislature which the courts had the
power to incorporate. The clear income of
this corporation, it was provided IN the bills
should not exceed $1,000 yearly, which was
clearly within The purview Of the court The
courts had not the power to release from taxa
ton, and he hoped this House would not adopt
this principle.
Mr.. Wright, of Lnzerne, said he could not
vote for this bill in It's present shape. It did
moi specify the number Of acres the corporation
may hold. The courts have not the power to
incorporate this company, for its progress was
different from those specified in The act CRYING
the courts power. 1t combined several OF these
purposes, and was of course beyond the reach OF
the courts.
Mr.. Smith could not state the number of a.
crps the association held or desire TO hold.
After further remarks from Mr.. Foster, Mr..
Mnmma withdrew his motion.
Mr.. Wright moved 10 limit the land to be
held by the company to five hundred acres,
which was agreed TO.
The bill was further debated hv Mpssrs.
Mumma, Getz, McComb. and lngham, when
the first section was agreed TO.
The second section was read, when
Mr.. Augustine moved to add to it a proviSo
that no one shall be excluded from said nstiu-
ton on sectarian grounds.
Which, after some remarks from MesSrs.
Wright and McComb, was accepted by Mr..
Smith. The section as amended was agreed to;
also the remaining section. The bill was re-
ported to the House as amended, and was taken
up on second reading, and the question being
on the first section,
Mr.. Phelps held that The court had complete
power over thr question, and quoted various
/ acts OF assembly to prove it.
Mr. McCamont opposed the passage Of the
bill, and stated that be believed the society ask