The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-04-24
THE VAUGHAN RESOLUTION.
1t Aims to Correct a Vicious Feature
OF the Constitution.
h1
From the Hazleton


Senator Vaughan, of Lackawanna
county, has submitted and the senate
at Harrisburg has passed, joint reso-
luton which provides for an amend
ment to Section VII, Article ILL.,, of the
Constitution, which. if adopted, will go
long way toward relieving the dis
tress which the present stringent laws
bearing upon general and special legis
lation impose. In fact it is an improve
ment, the necessity for which has long
been felt, but until the present time
seems to have been overlooked or ne
elected by legislators. The proposed
amendment aims to make possible spe-
cial legislation for communities, and
which under the present status Of
things even when endorsed by the leg
islature is invariably found to be an
insurmountable barrier when the mat
ter resolves itself into a judicial de-
cision. The resolution reads: UNLESS
such proposed special or local law shall
have been first submitted to popular
vote at a general or special election in
the locality to be affected by it's opera
tion under an order of the court of
common pleas Of the respective county
after a hearing and application grant
ed and been approved by a majority of
voters at such election" These words
are to be added to Section VII, Article
Ill, of the Constitution, and will obvi-
ate the difficulty that is at present en-
countered when communities desiring
special legislation appeal to the legis-
lature for relief.
1t is obvious that the Constitution
did not originally intend to have all
laws apply to all places regardless of
conditions. Such, however has been
the provision. The presumption is that
the preCaution was thrown out as
safeguard originally, but the amend
ment does not overlook this point in it's
construction. The provisions as de-
scribed requires first the decision of the
common pleas court, and then a vote
of the people, and would preclude the
possibility of fraud being perpetrated.
The majority vote will decide and un-
less such majority shall have been Sc
cured after the county judges approve,
there is no chance of the application
for special legislation being enacted.
This certainly is throwing out the lines
of safety with as much zeal as is Dos
sible, and would operate as check to
attempts at forcing through desirable
bills which even if passed under the
present circumstances would be de-
clared illegal by the courts should the
question arise.
Section VII, Article III, of the Con-
stitution absolutely prohibits the legis-
lature, under any device or form, from
passing any local or special law, among
other purposes, for erecting, incorDOr-
ating, or, in numerous iterations, regu-
lating the affairs of counties, cities,
bOroughs, villages, townships, wards or
school districts. Under stress of this
hardship the Supreme court has rati-
fled the device of classifying cities and
counties and upheld laws enacted for
the separate classes, for certain Dur-
poses. But the law reports are still be-
ing crowded with decisions refusing
this classification. A notable instance
of the hazard in relying upon the eff
cheney of class legislation occurred when
the court declared invalid the act in
cooperating street railways in cities.
Millions of capital invested under the
provisions of that law suddenly found
themselves bereft Of corporate control
or protection. Every session adds to
the number of acts whose impotence
remains dormant while operations un-
der them are voluntary, but which is
inOpportunely disclosed when the aid
of the court is invoked to enforce their
provisions. The practice of the legis-
lature ever since the adoption of the
new constitution demonstrates that
special and local legislation is not de-
sirable. 1t was the abuse of the privi-
lege which led to the clamor for re-
dress. Twenty-Five years of unsuccess-
full attempts have proven that general
legislating in all instances and for all
localities is an impracticability, and
that it is high time to substitute a safe
ly guarded method for granting special
laws in needed public cases.