The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1871-02-25
Executive CHAMBER, !
HARRISBURG, Feb. IT, 1871.
To the Senate and House Of Representatives.

To the Senate and House of Representatives
Of the Commonwealth Of Pennsylvania
GENTLEMEs-After a most careful consider
alton OF tho subject, find myself unable to
approve House bill No. g. entitled "A supple
mcnt to the act entitled An act to establish an
additional court in Cambria county, approved
the 18th day of April, A. d. 1859"
The act OF 18th April, 1863 to which this is
a supplement, created a court of record called
the district court of Cambria county, with the
jurisdiction OF court Of quarter sessions. and
of u court Of common pleas, and Jurisdiction to
extend over the boroughs of J ohnstown. Con
em<ugh, Millviile, CsmbIia, Prospect, Frank
lin and East ConemauGh, and tho townships OF
Yoder Richand. Taylor and Concmaugh, and
the courts to be held by the president judge of
the district and the associate Judges OF Cam
bra county. Tie supplement declares that
said courts OF common pleas and quarter ses-
siOus of the county of Cambria, at j JOhnstown,
for the weeks commencing on the first Mondays
of a pril, July, October and January, in every
year, and shall exercise all the usual powers
and jurisdiction of such courts over said bor
ougEs and townships; and further, that the iudg-
es, prothonotaTy, clerks Of the quarter sessions
the sheriff and district attorney OF Cambria
county, shall attend the sessions of sxid courts
at Johnstown, and there exercise and perform
theic respect i've duties
The act of 18th April, 1862 so far as it un-
dertook TO establish an Independent court in
certain portions of Cambria county, to be pre-
sided over by the judges OF the courts of com
mon pleas and quarter sessions OF the county
has been declared unconstitutional by the Su
preme Court of the State, in an opinion deliv
cred at Phiadelphia on the 9th inst and the
Hon. @ Gorge Taylor, by the decree OF said
court, was Ousted "fIom all further exercise of
the powers aud immunities pertaining TO the
Office OF president judge OF the district court OF
Cambria county
The Learned opinion of Chief Justice Thomp
son in the quo warranto case OF the Common
wealth vs. Conyngham, states the reasons for
this Judgment So clearly and fully, l deem it
unnecessary 10 say or do more on this point
than to refer to THAI opinion, copy OF which
is hereto attached, mar led a d. and TO the more
recent opinion OF the same court in the case Of
the Commonwealth vs.. George Taylor, upon
a like proceeding 70 test the validity Of tile
act OF 18th 4 pui, ISJ9, copy of which opin-
ion Is also hereto atts cA ed, marked B.
TIE sixteenth section of TIE original act
provides addition al salaries Tor the several
judges OF the new court; and The supplements
retains this feature Of the law. the latter
clause OF the second section Of the fifth article
Of the Constitution declares that president
judges of the courts OF common pleas Shall not
mold AM other oiice OF profit under this Com
moHw eallh;" and tho CUnyngLan and Taylor
cases decide this office AMI salary to be within
the prohibition.
The sixth article Of the Constitution pro
yides that shcriIs, protLouotaIies and clerks
of the several courts shall be elected by the
qualified voters of each county, and that they
''shall keep their Offices in the county town ot-
the county in which thoy respectively shall be
ofticsrS.' How, then, Can tie Legislature, by
the act ander consideration, or any other, re
quITe these officers to exerc Sc and perform
their official duties at any other place than Jho
county seat And how can these county OH
GERS appoint deputies, provided by the tenth
and tvs el!gh sections OF tie original act in the
face Of the constitutional requirements that
tho sheTids and clerks of courts shall be elect
eL
Both tie original and supplemental acts
must be considered together III OrGer TO fully
comprehend the Important subject, especially
as the lost section Of the supplement virtually
re enacts nearly all the original law On the
whole, under the opinions Of the Supreme
Court, and for the reason stated | cannot but
consider this legislation, in all its essen tial
features, unconstitutional and void, aud |
therefore roturn the supplement to the House,
III which IL originated, without my approval !;
and L also earnestly recommend the repeal Of
the original act of l3ta April, 1869, be lev ing
that the sOoner this experiment is abandoned
and We set back to The beaten path prescribed
by the Constitution, the better it will be for
all coHcernee. JNO. W. GEARY.