Juniata sentinel and Republican. [volume] (Mifflintown, Juniata County, Pa.) 1873-1955, 1873-12-03
The Consfifution.

liouxi Convention uas th' riEht 10 re-
iect old laws, and put them aside and
make new laws for the government of
the people before receiving the assent
OF the people 10 their work, has been
carried up 20 the Supreme Cesrt for
decision Without the thought of a
reflection ON the Secretary of State for
d,reliction of duty, the won Ter is, that
lie dad not Immediately move in tina;
direction, for the Convention by its ac-
tion On the question of submitting the
Constitution TO the people was like a
"dou5le- ended" body it said that
throughout the State 1t shall be SUBJ
mitted this way, and in Philadelphia it
shall be submitted that way. How
eou.d the Secretary OF the Common
weslth serTe two masters
BY leaving the question 20 unchal-
lenged until after the election II might,
and doubtless would have become a
source Of the most unpleasant legal
difficulties throughout the State. BY
having the Supreme Court to decide on it
previous to The election the matter will
be disposed Of until another Convention
iscailcd. If the Court decides in favor
o. the retroactive work Of the Con-
vention, the mandate must be obeyed.
But At the calling of the next Conyen-
iion, whenever that may be, the people
will see 20 it that tho dangerous rcvo-
lutionsry power that the Convention
assumed IS entirely taken from It.
We here publish the petition az filed
in tie Supreme Court relative to the
trouble Read it carefully.
Ia the Supreme Court of Pennsylvania
in ana for tie Eastern District, sit
tirg in Equity, sf January Term,
1874, Ne. -, between Francis Wells,
Charles L. Warburton, Gibson Pea
eUck, Ferdinand l.. Feiherston and
Harnauus Nef, plaintiffs, and Jane.
B.ir, Alexander McCuen, Thomas
VI. Locke, Edwin II. Filter, Edward
Browning, JOHN p. Verree, Henry 5.
Essert. and John o. james, and the
City Of Philadelphia, defendants.
Your orators complain and say
Ftr:t. That they are citizens and
qualified voter. Of Pennsylvania, and
resident holders of real estate and tax
psyer, iu the city of Philsdeiphia.
Second. That the said defendants
James Balm, Alexander Nc uen, and
Thomas u Locke sre City Commissi'n-
ers of the city of Philadelphia, and
that the said Edwin II Fitler hdward
Browning, John P. Verre, Henry D
Hagert, and John o. "mes assume to
b. ..rommis,ioner. 81 Election under
DT
and by virtue Il certain ordinance
passed by .'s L" Convention to revise
and - nd the Constitution of this
~. =" which was ceneened under the
r,roEis;ons of the act approved April ii,
1872, entitled " An act to provide for
calling convention to amend the con-
stitution," copy of which ordinance
will be found hereto annexed.
7Grrd That the said defendants Ed
win II. FILTER, Edward Browning, John
J.. Verree, fienry S. Hsgert, aud John
O. James propose to hold an election in
the city of Philadelphia or the third
Tuesday of December, 1878, for the
purpose and in the manner prescribed
ia the said ordinance, to assume and
exercise all the powers therein and
thereby attempted TO be conferred
uron them by the said ordinance. to
disregard sud set aside the require
mcEts of tie sixth section Of the said
act If April IL, 1872, and to prevent
the election officers Of the city and
county of Philadelphia from diseharg-
ing the duty incumbent upon them of
holding the said electicn, and that the
said defendants, James Balm, AleXsn-
der Nc uen, aud Thomas NJ. Locke,
Ci;v Commissioners as aforesaid, pio
pose to eAScnd large sum of money
belonging to The treasury Of the city OF
d Philadelphir, il defrsying the expenses
of the said proposed esestion.
FOurft. That 1t is alleged in support
or Justification of the proposed action
of the SAID defendants, that the said
convention, wbich was called TO revise
sn6 amend the constitution Of this
Stale, was snd is invested with the alb
solu;e sovereignty Of this Common
wealth that it can disregard and set
aside the existing constitution and laws
of this Commonwealth; and that, in
short, the citizens of this Common
wealth we're an3 are subject to the
power of the said convention in the
same sense tina; the Inhabitants Of az
absolute a.ensrchy are the subjects OF
the reigning monarch but that your
orators charge the contrary, and aver
thai the members OF the SAID conyen-
t;ou we're selected in the manner pre-
seribed by the said act Of April IT,
1872. for no other purpose Than that
ef pr.pa-ipg the draught or form of an
amended constitution, and submitting