Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-09-17
PATTISON'S KEYNOTE.
Continued from First Page.

preme law as "misdemeanor." be the proper
subject of criminal procedure?
Ii disobedlence to any act OF Parliament,
even when no particular penalty Is assigned,
was "contempt against the Kings prerogaMelv.ei ~ e.
punishable by fine and imprisonment as tne
discretion of the Kings court OF 1usuce. snaii
an infractlon of the letter and spirit Oh tne
peoples constitution, the over riding law OF
the land. be treated with greater 1udlciai eoi-
erance?
But, fortunately, for this discussion. the de-
bates in the Constitutional Convention leave
us in no doubt as to what was the intention OF
the clear-headed and high.minded men who
framed this provision of that fundamental law
Their own expressions confirm the unmlstak-
able language of this section. The provision
forbiddlng members of the Legislature from
having in their control, and for their use and
profit, the moneys of the State Treasury, was
not inserted without deliberation and discus
sion. 1t was not the unconsidered repetition OF
an existing form. 1t was a new provision, and
in the original draft its language was materially
different from that which was finally adopted.
AS originally reported, it read: "The General
Assembly shall constitute the offense of making
profit out of the public moneys or using the
same for political purposes by any officer OF the
State. or member or officer of the General AS
sembly, or any candidate for election or ap-
pointment, a misdemeanor," etc. But, as
though unwilling to commit this protection OF
the public moneys to the uncertain action OF
the Legislature, the section was subsequently
changed. Instead of leaving it to the General
Assembly TO constitute" the otfense mis-
demeanor, by the unanimous declaration
GrecR 5Re Seosa in it the
''It shall be a misdemeanor," beyond the
power of the Legislature to make it otherwise
by neglect of its duty. by sighting or by trans
cending it.
The Intention of the Clause.
Furthermore in the discussion which ensued
over this clause, it was plainly avowed that its
intention was to prohibit and prevent members
of the Legislature from getting control and
custody of the State moneys. No lessleminent
and sagacious lawyer than Mr.. MacVeagh,
late Attorney General of the United States,
pointed out, by way of objection to the sweep
ing provisions of the proposed law, that even
stockholders in national bank competing for
the custody of State funds would be prohibited
from becoming candidates for the State Legis-
lature.
Nevertheless, without division, by a body
made up in large part Of many Of the most most
provision was agreed to as now written in the
supreme law, and the construction that is now
put upon 1t was virtually approved. If it
means anything it means that no Senator nor
member of the House shall have control Gus
tody or use of the State moneys; if he does he
shall be guilty of a misdemeanOr, and is to be
disqualified from holding Office for five
years. That is the otfense prescribed and
the punishment. The proofs are to be
found on the public records of the
State open to all its citizens. The Treasurer's
use and profit of this money. He got it while
he was a member of the General Assembly.
pause for his explanation or denial. challenge
his reply. If Senator Delamater is not the
"head" Of the banking house of Delamater &
Co., as his authorized biography declares, if he
did not solicit. get and have this deposit of from
$4,000 to $4,000 while he was State Senator, or,
if getting it. he buried it in a napkin and did
not use and make profit out of it, let him speak
outl
But If he did thus fagrantly violate the Con-
stitution, and set at defiance the sovereign law
of the people, he must either withdraw his
challenge to their favor at the polls or he must
60 down before their condemnation.
Mr.. Hensel wanted it understood he was
in this fight heart and soul. Other speakers
were Brown, OF York; w. j. Bremen, of
Pittsburg; Flanagan, OF Philadelphia, and
Skinner, of Fulton.