The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1871-01-04

tions could, with great propriety, be changed from
the SCI cOnd Tuesday in October to the same day in
November, on which nearly all the surrounding
States now hold theirs This would dispense with
one election every fourth year. and prevent invasion
from other States for the purpose OF interfering
with our elections, as the citizeDs OF each state
would he occupied with their own The season, too,
would be more satisfactory the pcope Of the aTTi-
cultural districts as It would nos interfere with the
harvesting Of their corn and other summer prOduc-
lions.
9he necessity constitutional reform is apprec-
ated and admitted 10y all who have reflected upon
the subject, and Wi.hOIt dis iCtion of party, the
press has been ontspoken, and has ain o't unani-
mOuSly scnCtiCned the calling, a an early day OF
constitutional Convention.
For these reasons aud many others equally i'm
pOrtant which might be enumerated, | earnestly
recommend that the Legislature make provision for
a convention TO thoroughly revise and amend the
Constitution Of the State.
Revision of the Civil Code.
The commissioners to revise the statutes have
completed their work. The entire laws OF the Com
monweath including those OF British origin, except
such such as ,,, relate to crime crime have b9en
volume of less than three hundred pages, or about
one-thrd the size of Purdons Digest. Our laws are
the acCTetions Of one hundred aud seventy years.
Many Of them are incongruous and disJointed enact
ments. which have been increasing from time to
tempt at system, logical arrangement, or con-
ciseness OF language. From the examination l
have been able to give the revision, ! am salts
fed that in the discharge of their duty the commits
siOneTs have exercised great diligence, ability, ami
conscientious desire for its successful accomplish
ment. IL cannot be presumed that work OF such
magnitude is perfect in every particular; and how
far 1t may answer the purpose for which it was
undertaken, remains to be determined. That it is an
Improvement uponwhatit is intended to supply there
is for doubt. it adheres in the maiu to the
text of existing laws, with occasional changes to
meet present demands, but which were not needed
when they were first enacted, and also additional
provisions which the progress Of the age requires
The work, as presented might properly be adopted,
without material changes, making 1t the basis foI
such amendments as time and necessity may sug-
gest, or as may be recommended by the joint COM
mittee to which 1t was referred for examination by
the Legislature OF last year. 1t will be seen that
sCme Of its provisions have been framed with
view to throw much of our special legis-
lation into the courts, where may be disposed OF
with less Inconvenience to interested parties, AMI
a great saving in our annual expenditures.
Wrlts of Error In CrImInaI tIases.
At the last session OF the Legislature an act was
passed, entitled Gan act allow writs Of error in
cases Of murder AID voluntary mansaughter." The
hst section provides that writ OF error ''shall be
OF right and may be sued out upon the oath OF the
defendant or defendants, as in civil cases." The Sc
cOnd section makes it the duty Of the judges of the
supreme Court in all such cases. to review both the
law and the evidence.
Before this enactment the law required the de-
fendant to alIege that some error had been com
mittCd by The Court on the trial. aud to show cause,
within Thirty DAY $, why the writ OF error should be
granted; but this law gives n WRIT whether any
error is alleged or not and allows the defendant
seven years in which to issue it, according TO the
practice in civil casts. Heret fore the Executive
did not ordinarily issue the warrant for execution
OF apy criminal until the expiration of the thirty
days within which he was permitted to apply for
his writ Of error. That limitation of thirty days
being now virtually repealed, aud seven years sub
Withheld for the seven years? If not, when may il
properly issue? ana if issued at any time within
the seven ears, may not the criminal supersede il
at any time he pleasGs by his writ of errOr2 Aud
may it not he reasonably expected that this will
the pracuca TesulI IN every such case? ThiS would
seem like trling with very serious matters; and |
fully submit whether the set of last session
should not he repealed, or very materially nodded,
without delay.
ApportgOnment
The important duty deVolves upon You to appOr-
tOn, in accordance with the last CeASuS, the repTe-
70 tsA f.ApN
This will he among the most laHD iOuS and difficult
works Of the session. Ia its performance is pre-
sumed and trusted that you will be guided ana gov
eincd by sttct sense OF justice and tmpartaltg TO
all parties and to every district in the State 80 that
no Welllounded reason be given for complaint or
Censurc.
Under the laws of the State it is made the duty Of
the ecOuntycommissOnrrS Of the respective counties
TO make returns TO the Governor OF the septennal
enumeration OF taXables on or before the lrst
Tuesday Of December. Not one-fOurth Of these
returns have yet been received, although the
attention Of the commissioners was invited to the
subject by special circular from the Secretary of the
Commonwealth. AS soon the returns come to
hand the necessary abstracts will be made out and
forwarded 10 the Legislature.
Common Schools.
The report OF the superintendent of Common
Schools shows that there are now within the State
2UO2 school districts, 1922 schools, 1892 graded
schoo s. l3 100 directors, 70 county and other super
Dtendent H. 6l2 teachers, and S2S, S91 pupils THIS
Is an Increase over the preceding year OF 81 districts
2i6 schools, Az graded schools, 200 directors,
supeTintendents, 470 teachers, and IS, 1888 pupils.
! 47581: building, purchasing and repting school
houses a. 1875 644:84; contingencies, 81 65 226 O5
other expenditures, So5,475; making total OF 81,
| III, ,76l 20. Estimated value of school property
| Sl5,s3I,1s3 Average salary of male teachers 500
per month; length or school term, Goo months; anC
| The cOst per month of each pupil. 9S cents.
In addition TO IL above, five Normal schools are
! reCOgl iZC d by the State
Since their recognition, u, $50 students have beer
! received INTO them; and 2675 are enrolled
There are &C professors aud tutors. The libraries
| contain Sl35 volumes. The buildings and ground
are valued at S364, ,66I; and the furniture and appa
| ratus at $4,000
| Besides the schools that receive legislative SUP
port there i'll the State GOl private Schools semi
! naries and academies, employing SIS teachers ant
! having 2i,Sl5 students.
and the annual amount received for tuition, $780, O0G
There also thirteen colleges, with l57 professor
| and tutors, and 2S05 students enrolled. They owl
! much valuable property, and their libraries numbe
| $4,000 yOnmCS.
school system are everywhere admitted, and 1t
great success is chiefly OW ing to the generosity O
the Legislature, by which il has been so kindly an
so benehcently Durtured, and It Is sincerely to b
trusted that it will never weary In this praisewOrth
work. which has thus far been so well accOmplishe
and SO abundantly rewarded.
Soldiers Orphans Schools,
Your attention is respectfully invited to the repoI
of the superintendent OF the Soldiers Orphans
Schools fer the year terminating May 81, 1870.
Since the first organization OF these schools tn
! whole number OF children admitted Is 6053 An
| during the same period the discharges includtn
deaths, amount to 1924, leaving 1929 in the school
in graded" ana 798 in ''primary" schools, and So
In homes. The expenditures of the system for tn
school y ar ending May 3d. 1870, were so S5l6 l96 AZ
The superintendent estimates the expenditure
for education, maintenance clothing, ETC., OF 5000
children during the year terminating May 81 ISL
have personally visited inspected and examine
quite number OF these schools since the adjourn
ment of the last legislature; and do not hesitat
TO pronounce most or them superior, In all respecu
10 any other institutions Of simlar charaeter