The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-12-12

fore us, leaving that to stand in previ-
Gus acts which ii Is deemed unneces-
sary to modify We are not compelled
to resort to anything so radical as a
new act in order to keep 7within the
strict bounds of the fundamental law.
THE ALLEGATION MADE.
But it is said that the act offends
against that provision of the constitu-
tion which declares that mo law shall
be revived amended or the provisions
thereof extended or conferred by ref
erenCe to its title only. but so much
thereof as is revived, amended, extend
ed or conferred shall be re-enacted and
published at length. The argument on
this branch of the case, as we under
stand It, is that the act, while denomi-
mated supplement, is in fact an
amendment of the previously existing
statutes which should have been re-
cited therein at length. There have
been three previous acts with reference
to this poor district; the Act of March
3, 1860. Il. l.. 13S, which created 1t, and
provided for the general regulation of
its affairs; that of March 81, 1862, p. L..
2l1, which made some slight changes
with reference to the collector of taxes
! and steward; and the Act of March q,
1865, Z. L. 500. which undertook to re-
/ duCe the number of directors from five
! to be appointed by the late mayors
| court of Carbondale, from the city al
| large, to four, to be elected by the
qualified voters. one from each of the
then four wards Of the city.
The Act of 1899 under discussion refers
to but the first of these acts, and thai
by its title only. This II is said moi
| only offends against the Constitution in
the manner indicated, but by the omis'
sion OF all notice of the two intermedi'
ate acts is actually misleading. The
| Act of 1865 is entitled "a further sun
plement to an act to incorporate tht
city of Carbondale," and it is mainly
concerned with the affairs of that
| municipality.
But. unfortunately, it undertakes II
its first section to deal with the Car
bondale poor district also by providing
| that, at the first charter election fo
the city after the passage of the act
the qualified voters shall elect direC
tors Of the poor. one for each ward o
the city, one to serve for one year, on
for two years. one for three years, an
one for four years, and annually there
after one director to serve for fou
yeas; these il clothes with the SAM
; power and authority as is given to tn
directors under the original act and re
, peals so much of that act as Is In con
nict or inconsistent herewith.
4 CLEARLY UNCONSTITUTIONAL.
This part of it is so clearly uncon
stitutional that that of itself is suf
ficient reason for not having notice'
or referred to it in the Act of 1899,
any Is needed. The constitutions
amendment of 1864 had the same pro
vision that appears in the present cor
stitutiOn, to wit, that mo bill shall b
passed by the legislature cOntainin
9 more than one subject which shall /
5 clearly expressed in its title" The AC
of 1865 deals with two subjects, the a.
t fairs of the city as well as the affail
of the poor district, and as to the la
!, ter there is not a suggestion in tf
| title that any such legislation was cor
\ templated. The Act of 1860, which e'
= tablished the district. was not sur
? plement to the act incorporating tn
e city, as the draughtsman of 1t evidentl
= supposed, a mistake which is fatal
= it's validity. 1t is pertinent to note thu