Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1875-02-17
NEW SERIES--V0L. l6, NO. I

, the others, and even when he has ~
/ many votes as candidates, he is com
. PEELED to distribute them in such man
) ner that he loses the power he had
/ hitherto. The proceeding is exceed
r ingly anomalous, and restrains rather
than enlarges the power Of the share
holder
If the purpose of the craftsman Of
This section was TO provide that each
shareholder might "cumulate" upon
one candidate, the whole number Of
votes he can cast for all the directors
if voting upon all his shares of stock
for each director, it would appear that
it is not accomplished well. Eitherthe
. purpose of the section is not clear, OF
1t is imperfectly expressed.
Article XVI, section 5th. Strike
out the words "do any" in the first
line and insert the words "engagc in
in lieu thereof
The section will then read
No foreign corporation shall engage
in business in this State without having
one or more places Of business, and an
authorized agent or agents in the same,
upon whom process may be served.
Remarks:
The purpose of this amendment is
to obviate an Interpretation, which
would prevent foreign corporation
from doing any single act relating to
its affairs without complying with the
requirements Of the section. A corpo-
ration not intending to engage in bus
iness in the State may find it neces-
sary to do II particular act not within
the mischief to be remedied.
| Article XVI, section 10. Strike out
the last clause, TO wit, the words, "No
law hereafter enacted shall create, re-
new or extend the charter of more
than one corporation"
! Romarks
The purpose Of this amendment is to
harmonize the section with the pro
vision in the 9TH section of the Sd ar
ticle, that the general assembly shall
not pass any local or special law "cre-
ating corporations or amending, re-
newing or extending the charters
thereof" According TO the 9TH section
OF the Sd article, the Legislature can
pass no special law to create, extend
or renew charters. Yet from the terms
of the last clause of the 10th section of
the 10th article, an inference might be
drawn that special act could be pass
ed if it contained charter of not
more than one corporation.
The Sd section Of the Sd article con-
fines legislation to single subjects. The
last clause of this 10th section is use
less and its removal will prevent ap-
parent conflict
Article 18th, section 9th Amended
by inserting the words cor extended
between the word CONSTRUCTED" and
the word within"
The section will then read
"No street passenger railway shall
be constructed, or extended, within
the limits of any city, borough or town
ship, without the consent of its local
authorities
hemafkS.
The purpose of this amendment is to
embrace case as clearly within the
evil TO be remedied as that now pro-
vidcd for in the section. An existing
passenger railway constructed with
the assent of the city over certain
streets may, without its assent, be ex-
tended TO other streets TO the great
injury OF the public. The well known
legislation to enable the Union Pass
enger railway company in Philadelphia
to extend its railway into Market
street, between Front and Ninth streets,
affords an illustration Of the omission
intended to be supplied by the word
"Grtended,"
We shall now direct attention to
some matters discussed, but not acted
upon. Before doing so, in view of the
future as well as for the present infor-
nation Of the Legislature and the pub
lie, il is proper to refer 10 the workings
Of the commission. At its first bust
ness meeting July 3, 1870, after dis
cussing the best plan Of proceeding
1t was determined that each commits
sioner should examine the new consti-
tuition in detail and present his views
in writing for consideration at the next
meeting Sept. 1, 1870 The effect
was to bring every section OF the in
strument into review. This required
many days of chamber work for which
no charge has been made The ex-
pense OF this commission is therefore
not large, being confined to nine days
of actual sessions, and the travelling to
and fro.
The first and most important sub
ject requiring notice, is the business
of the supreme court. From lists fur
nished by the prothonotaries of the
eastern, middle and western districts,
it appears that the total number of
cases on the argument lists for 1873
was nine hundred and on the lists of
1874, eleven hundred and seventy
five.
These are exclusive OF arguments
upon motions, etc, etc. 1t is evident
that the court cannot keep up with
the business Of the State. The in
crease of the number of judges will
add nothing to the dispatch of bust
ness. All the judges must sit to hear
the arnuments, each must examine
every case for himself and must CON
suit first upon the causes and then on
the opinions as written.
The division of labor. in the writing |
Of opinions merely, cases Individual
labor out of court but does not lessen
the duties otherwise. Some remedy |
must be devised, else there will be a /
denial or u delay of justice, contrary
to the llth section OF the bill of rights.
1t was proposed TO establish system
of district courts of errors and ap-
peals, to be held by the presidents Of
the common pleas of certain num-
Der Of adjoining districts but discus
sion led to the unanimous opinion that
the system would promote litigation,
produce contrariety of decision in diff
ierent districts, render the law uncer
tain, and introduce evils greater than
the good TO be accomplished.
We need only refer TO the expert
ence of New York in reference to her
system of district supreme courts, and
her high courts of errors and appeals,
the same in principle and effect as the
system proposed for Pennsylvania
But we mean only to alludc to this
A q.