The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1875-10-22
Judge Fe,shi,,D and the Miners.

In the winter of 1865 the Legislature of
Pennsylvania passed an act putting 1T III
the power of corporations to turn their ten
ants out of doors ON ten days notice. The
bill was passed at the suggestion of the coal
corporations of Tioga county. and in its
original shape deprived the evicted miners
OF the right to appeal to the courts or the
trial by iury. In its passage through the
house Judge Pershing fully explained its
outrageous character and succeeded in add
ing proviso which gave The miners the
right to appeal. The bill forced
through in this shape, despite his opposi-
tion, and under its Infamous provisions the
miners of Tioga county were elected from
their homes in March, 1865.
Herewith we print the landlord and ten
ant act of 1865, devised by a Radical Leg
islature, and the amendment incorporated
herewith introduced 10y Judge Pershiug.
The bill was introduced in the Senate by
Mr.. Wilson of Tioga, and finally passed
that body, January "a, 1865, in the follow
ing shape f.: LegisIatius Record, 1865, page
3d.
BE IL enacted ETC., That wheneve any per-
son or persons shall or may be the tenant
lessee or occupant of any house or tenement
belonging TO another, occupying the same
under agreement, verbal or written, to
perform labor or services for the owner or
owners or lessons of said house or tenement,
whilst he or they shall so occupy the same
and shall during such occupancy refuse
neglect to perform such lGbora render such
services, it shall and may be lawful for such
owner owners or lessor lessors his,
her or their agent or attorney, to dispossess
such tenant or tenants in the manner now
provided by the act of assembly, approved
the 14th day of December, 1863, after giving
ten days notice TO such tenant or tenants to
surrender the possession of the house or ten
ement in his, her or their possession and
on due proof to the justice of the neglect of
,arfo Lob
render such services according TO the
agreement the Justice shall have po xer to
declare the lease or agreement Ivy which any
such house or tenement is held to he abso-
iutely null and void, aud render Judgment
and issue execution as is provided by said
act tc which this is n supplement. | LeqisIa-
tiUe Record, page 312
On February %, NJ. Pershing moved to
60 into committee of the whole for the
purpose of general amendment, when this
bill was reached in its regular ider and
after "a sharp struggle succeeded in amend
ing it by adding the following provso:
Prorided, That the Il. fepdant NAV at anv
time within ten days after rendition OF iudg-
ment, appeal to the court of common pleas
in the manner provided in the first section
of an act relative to landlords and tenants,
approved April 3, 1880: And prorided tIlT-
Mer, That such an appeal shall not be Il su-
persedeas TO the warrant of possession afore-
said but shall be held in the same manner
as actions of ejectment; and if jhe Jury shall
find in favor of the tenant, they shall also
assess the damages which he shall have sus-
tanned by reason of the removal from the
premises; and for the amount found nv the
jury Judgment shall be rendered q in his favor
with costs of suit, and thai he recover pos
session OF the premises, and he shall have
the necessary writ or writs- 10 enforce said
Judgments. And prOrided further. That the
tenant may have writ of certtoretTi TO re-
move the proceedings of the justice, as in
other cases. ley RecorT p. 3l2.
On the same day the bill passed the
House finally-yeas A nays3 81. Mr. Perish
ing voted no. [See Leg. Record, p. 313.
The miners Of Pennsylvania may see
from this single act of Judge Pershing, in
which be became their unsolicited cham
piou in the Legislature of the State, that
he is opposed to class legislation. Had he
been Governor of Pennsylvania no such
law would ever have disgraced it's statute
books HoITisbuFg Patriot.