The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-01-02

in Pennsylvania. The vote Of the people Is re-.
quired under the present constitution for the in.
crease OF municipal indebtedness beyond two
per cent, the incorporation OF boroughs and
cities, the location Of county seats, the pur.
chase Of lands for parks and the division OF
wards in cities, the building or purchase Of
water works and electric light plants in bor'
oughs, and In various other cases.
II seemed to your committee that TO make q
repeal Of the constitutional provision specifically
mentioned in the resolution Of the association
effective, it was necessary to also repeal two
other OF the constitutional limitations upon spe.
cial legislation Our recommendation, therefore,
involves the repeal Of the following consititu'
tional provisions, contained in Art. III, Sec.
tion q:
THE PROHIBITION.
''The general assemoy shall not pos any
local or special law regulating the
affairs Of counties cities, townships. wards, bor'
oughs school districts incorporating
cities towns or villages, or changing their
charters > ' creating offices or prescribing
the powers duties Of officers Of counties,
cities. moroughs, townships, election or school
districts"
In compliance with the suggestion Of the reso.
luton contained in the following language 'to'
gether with such further amendatory provisions
for notice OF proposed local or special acts as
shall safeguard the communities affected from
hasty or ill.considered legislation" we have pro-
vided for a method In the nature Of an initia-
tive, providing that no local or special law Of
the kinds permitted by the amendment shall be
passed until they have been adopted at an elec-
tion Of the voters of the locality affected.
In view Of the definite intimation by the
supreme court in Chaliont VS.. Edwards, that
the question whether the proper preliminary
steps had been taken for the passage OF any
local or special law would be considered legis-
lative question which would be absolutely pre-
suined to have determined affrmatively by the
Legislature in the absence Of admission to the
contrary, we nave added a provision giving the
courts definite power 10 determine the question
whether or not the submission Of the local or
special laws authorized have been actually made,
and whether or not they have been adopted in
accordance with the requirements Of the constitu-
tional amendment.
Your committee, therefore, recommends that
the association takes steps to procure the intro
ducton and passage by the legisla .ure Of the
following amendment to the state constitution:
''The general assembly may pass any local or
special law regulating the affairs of counties,
cities, townships, boroughs or school districts,
changing the charters of cities or boroughs and
creating offices or prescribing the powers aud
duties Of officers in counties cities. boroughs,
townships election or school districts. But no
such local special law shall be passed until
az iedsl lHnty Hdys prior 10 H1irOuuCAlOn
into the general assembly it shall have been
submitted in sucn manner as is or may be.
provided by law to the qualified electors Of the
county city, township, borough or school dis
trict affected by such local or special law at a
general or special election and a majority Of the
votes cast at such election shall have been voted
in its favor
''Tnere shall be no presumption either Of law
or of fact that there has been a proper sub
IN nd of tha oil 70
such local or special law when the question Of
the constitutionality of such law is at issue in
any legal proceedings, and, II the court be not
satisfied that such submission aud consent have
been legally made and given, the law shall he
| declared unconstitutional and void"
Respectfully submitted,
James H. Torrcy
George 7. Bacr,
VI. W. Jacobs.
Committee.