The sun., 1873-07-28
Laws that were Never Enacted.

One of the most interesting debates in
the Constitutional Convention of Penn
sylvania before its recent adjournment,
was upon the question OF authorizing the
courts TO investigate charges of legislative
corruption and to set aside laws when it Is
proved that they appear in the statute
book through fraud, bribery, OF other cor
rupt means. This question was raised by
the Hon. WM. II. ARMSTRONG of Lycoming,
who moved an article providing that
whenever IL shall be alleged before
the AttornCy-Gcneral by affidavit, that
the passage or approval of any law WIS
procured 10y bribery, fraud or other COR
rupt means, the Attorncy-G GencIul shall
forthwith apply to the supreme Court for
process TO try the validity of such incul-
pated act; the defendant to be named by
the Court, and the issue to be framed aud
tried before II jury and by one of the
Judges of the Supreme Court; and If il
shall appear to the Court ana jury that the
passage or approval of the act was pro-
cured by bribery, fraud, or other corrupt
means, such act shall be adjudged null and
void. and the Governor shall so proclaim
ii. MIR. ARMSTRONG also proposed that
no officer OF the Commonwealth nor
any officer or member of the Legislature
should he exempt from tcstifying when
required in such case, but the testimony
of any such witness should not be used
against him in any criminal prosecution
except for perjury.
In his speech advocating this measure
Mr.. ARMsrRo;G referred to u recent
case OF great importance which occurred
in Pennsylvania. He said that an act an
proved on June 10, 1871, entitled An act
relative 10 LEGAL proceedings by or against
corporiions,' and now standing rs ayalid
law in the statute books OF the state, never
passed the Senate Of the state at ALL This
assertion had been verified 10y the iuycst.ga-
ton of committee of the Senate which ic-
ported that tie bill, although npprov,dby
the Governor, had never passed that body;
and it was also alleged, he said, that il had
never passed the House, and this allegation
was not cont ntradcted.
This act thus dishonesty inserted in
the statute books affected important l,t,-
CATION pending at that time between the
Pennsylyania railroad Company and the
Catawissa Railroad Company. The latter
alleged that the act was IA fraud, and that
their rights were most injuriously affected
10y IL and when in the course of the litinn-
ton it was cited IN court by the counsel Of
the Pennsylvania Company the opposite
party alleged that il had never been pissed;
but the Court held tnat il was not compc-
tent TO inquire into the truth OF the alle-
CATION, aud that the seal of the Common
wealth was evidence beyond which no
court could 60.
Thus bound 10y estahlich"d prccedcuts,"
says Mr.. AnMerRoNO, " the Court in the cX-
istng state of the law could afford 10 r.
lief; and with irresistible con, iction forced
upon them that the rights of legislation
the rights Of private property, and the
sovereignty Of the people were fagranuy
outraged ana trampled under foot, they
proceeded To complete the fraud by
solemn adjudication upon law which
they knew was an unholy fraud upon
every right which courts Of justice are
established To protect" We are glad TO
state that the proposed article was finally
adopted by the Convention; but IL is stil
question whether IT will rot be defeated
before the people.
This is a subject Of cravo importance not
merely in Pennsylvania, whore the prac-
ticc of Addition, Division, ANA Silence la.
reached a degree and fuulucss of cor
ruption happily not known elsewhere, but
in all other states where the evil is as vet
compaiati lively in it, beginning.