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measure or bill proposed or pending before the General Assembly, shall 78 disclose the fact to the house of which he is a member, and shall not vote thereon.

ARTICLE IV

The Executive Sec. 1. The executive department of this Commonwealth shall consist of a Governor, lieutenant governor, secretary of the Common- 79 wealth, attorney-general, auditor-general, State treasurer, secretary of internal affairs, and a superintendent of public instruction.

Sec. 2. The supreme executive power shall be vested in the Governor, who shall take care that the laws be faithfully executed; he shall 80 be chosen on the day of the general election, by the qualified electors of the Commonwealth, at the places where they shall vote for representatives. The returns of every election for Governor shall be sealed up and transmitted to the seat of government, directed to the president of the senate, who shall open and publish them in the presence of the members of both houses of the General Assembly. The person having the highest number of votes shall be Governor; but if two or more be equal and highest in votes, one of them shall be chosen Governor by the joint vote of the members of both houses. Contested elections shall be determined by a committee, to be selected from both houses of the General Assembly, and formed and regulated in such a manner as shall be directed by law.

Sec. 3. The Governor shall hold his office during four years, from the third Tuesday of January next ensuing his election, and shall not 81 be eligible to the office for the next succeeding term.

Sec. 4. A lieutenant governor shall be chosen at the same time, in the same manner, for the same term, and subject to the same provisions 82 as the Governor; he shall be president of the senate, but shall have no vote unless they be equally divided.

Sec. 6. No person shall be eligible to the office of Governor or lieutenant governor, except a citizen of the United States, who shall 83 have attained the age of thirty years, and have been seven years next preceding his election an inhabitant of the State, unless he shall have been absent on the public business of the United States or of this State.

Sec. 6. No member of Congress, or person holding an office under the United States or this State, shall exercise the office of Governor or 84 lieutenant governor. Sec. 7. The Governor shall be commander in chief of the

army

and navy of the Commonwealth, and of the militia, except when they shall 85 be called into the actual service of the United States.

Sec. 8. He shall nominate, and, by and with the advice and consent of two thirds of all the members of the senate, appoint a secretary of 86 the Commonwealth and an attorney-general during pleasure, a superintendent of public instruction for four years, and such other officers of the

Commonwealth as he is or may be authorized by the Constitution or by law to appoint; he shall have power to fill all vacancies that may happen in offices to which he may appoint, during the recess of the senate, by granting commissions which shall expire at the end of their next session; he shall have power to fill any vacancy that may happen, during the recess of the senate, in the office of auditor-general, State treasurer, secretary of internal affairs, or superintendent of public instruction, in a judicial office, or in any other elective office which he is or may be authorized to fill; if the vacancy shall happen during the session of the senate, the Governor shall nominate to the senate, before their final adjournment, a proper person to fill said vacancy; but in any such case of vacancy in an elective office, a person shall be chosen to said office on the next election day appropriate to such office according to the provisions of this Constitution, unless the vacancy shall happen within two calendar months immediately preceding such election day, in which case the election for said office shall be held on the second succeeding election day appropriate to such office. In acting on executive nominations the senate shall sit with open doors, and, in confirming or rejecting the nominations of the Governor, the vote shall be taken by yeas and nays, and shall be entered on the journal.

Soc. 9. He shall have power to remit fines and forfeitures, to grant 87 reprieves, commutations of sentences, and pardons, except in cases of

impeachment; but no pardon shall be granted nor sentence commuted, except upon the recommendation, in writing, of the lieutenant governor, secretary of the Commonwealth, attorney-general and secretary of internal affairs, or any three of them, after full hearing, upon due public notice and in open session; and such recommendation, with the reasons therefor at length, shall be recorded and filed in the office of the secretary of the Commonwealth.

Sec. 10. He may require information, in writing, from the officers of 88 the executive department, upon any subject relating to the duties of their respective offices.

Sec. 11. He shall, from time to time, give to the General Assembly 89 information of the state of the Commonwealth, and recommend to their consideration such measures as he may judge expedient.

Sec. 12. He may on extraordinary occasions, convene the General 90 Assembly; and in case of disagreement between the two houses, with

respect to the time of adjournment, adjourn them to such time as he shall think proper, not exceeding four months. He shall have power to convene the senate in extraordinary session by proclamation, for the transaction of executive business.

Sec. 13. In case of the death, conviction or impeachment, failure to 91 qualify, resignation, or other disability of the Governor, the powers, du

ties and emoluments of the office, for the remainder of the term, or until the disability be removed, shall devolve upon the lieutenant governor.

Sec. 14. In case of a vacancy in the office of lieutenant governor, or

when the lieutenant governor shall be impeached by the house of repre- 92 sentatives, or shall be unable to exercise the duties of his office, the powers, duties, and emoluments thereof for the remainder of the term, or until the disability be removed, shall devolve upon the president pro tempore of the senate; and the president pro tempore of the senate shall in like manner become Governor if a vacancy or disability shall occur in the office of Governor; his seat as senator shall become vacant whenever he shall become Governor, and shall be filled by election as any other vacancy in the senate.

Sec. 16. Every bill which shall have passed both houses shall be presented to the Governor; if he approve he shall sign it; but if he shall 93 not approve he shall return it, with his objections, to the house in which it shall have originated, which house shall enter the objections at large upon their journal and proceed to reconsider it. If, after such reconsideration, two thirds of all the members elected to the house shall agree to pass the bill, it shall be sent with the objections, to the other house, by which likewise it shall be reconsidered, and if approved by two thirds of all the members elected to that house, it shall be a law; but in such cases the votes of both houses shall be determined by yeas and nays, and the names of the members voting for and against the bill shall be entered on the journals of each house respectively. If any bill shall not be returned by the Governor within ten days after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the General Assembly by their adjournment prevent its return; in which case it shall be a law, unless he shall file the same with his objections, in the office of the secretary of the Commonwealth, and give notice thereof by public proclamation within thirty days after such adjournment.

Sec. 16. The Governor shall have power to disapprove of any item or items of any bill making appropriation of money, embracing distinct 94 items, and the part or parts of the bill approved shall be the law, and the item or items of appropriations disapproved shall be void, unless repassed according to the rules and limitations prescribed for the passage of other bills over the executive veto.

Sec. 17. The chief justice of the supreme court shall preside upon the trial of any contested election of Governor or lieutenant governor, 95 and shall decide questions regarding the admissibility of evidence, and shall, upon request of the committee, pronounce his opinion upon other questions of law involved in the trial. The Governor and lieutenant governor shall exercise the duties of their respective offices until their successors shall be duly qualified.

Sec. 18. The secretary of the Commonwealth shall keep a record of all official acts and proceedings of the Governor, and when required, 96 lay the same, with all papers, minutes, and vouchers relating thereto, before either branch of the General Assembly, and perform such other duties as may be enjoined upon him by law.

Sec. 19. The secretary of internal affairs shall exercise all the powers, 97 and perform all the duties of the surveyor-general, subject to such

changes as shall be made by law. His department shall embrace a bureau of industrial statistics, and he shall discharge such duties relating to corporations, to the charitable institutions, the agricultural, manufacturing, mining, mineral, timber, and other materiál or business interests of the State as may be prescribed by law. He shall annually, and at such other times as may be required by law, make report to the General Assembly.

Sec. 20. The superintendent of public instruction shall exercise all 98 the powers and perform all the duties of the superintendent of common schools, subject to such changes as shall be made by law.

Sec. 21. The terms of the secretary of internal affairs, the auditor99 general, and the State treasurer shall each be four years; and they shall

be chosen by the qualified electors of the State at general elections; but a State treasurer, elected in the year one thousand nine hundred and nine, shall serve for three years, and his successors shall be elected at the general election in the year one thousand nine hundred and twelve, and every fourth year thereafter. No person elected to the office of auditor-general or State treasurer shall be capable of holding the same office for two consecutive terms.

Sec. 22. The present great seal of Pennsylvania shall be the seal of 100 the State. All commissions shall be in the name and by authority of the

Commonwealth of Pennsylvania, and be sealed with the State seal, and signed by the Governor.

ARTICLE V

The Judiciary Sec. 1. The judicial power of this Commonwealth shall be vested 101 in a supreme court, in courts of common pleas, courts of oyer and

terminer and general jail delivery, courts of quarter sessions of the peace, orphans' courts, magistrates' courts, and in such other courts as the General Assembly may from time to time establish.

Sec. 2. The supreme court shall consist of seven judges, who shall 102 be elected by the qualified electors of the State at large. They shall hold

their offices for the term of twenty-one years, if they so long behave themselves well, but shall not be again eligible. The judge whose commission shall first expire shall be chief justice, and thereafter each judge whose commission shall first expire shall in turn be chief justice.

Sec. 3. The jurisdiction of the supreme court shall extend over the 103 State, and the judges thereof shall, by virtue of their offices, be justices

of oyer and terminer and general jail delivery in the several counties; they shall have original jurisdiction in cases of injunction where a corporation is a party defendant, of habeas corpus, of mandamus to courts of inferior jurisdiction, and of quo warranto as to all officers of the Commonwealth whose jurisdiction extends over the State, but shall

not exercise any other original jurisdiction: they shall have appellate jurisdiction by appeal, certiorari, or writ of error, in all cases, as is now or may hereafter be provided by law.

Sec. 4. Until otherwise directed by law, the courts of common pleas shall continue as at present established, except as herein changed; 102 not more than four counties shall at any time, be included in one judicial district organized for said courts.

Sec. 5. Whenever a county shall contain forty thousand inhabitants it shall constitute a separate judicial district, and shall elect one judge 105 learned in the law; and the General Assembly shall provide for additional judges, as the business of the said districts may require. Counties containing a population less than is sufficient to constitute separate districts shall be formed into convenient single districts, or, if necessary, may be attached to contiguous districts as the General Assembly may provide. The office of associate judge, not learned in law, is abolished in counties forming separate districts; but the several associate judges in office when the Constitution shall be adopted shall serve for their unexpired terms.

Sec. 6. In the county of Philadelphia all the jurisdiction and powers now vested in the district courts and courts of common pleas, subject 106 to such changes as may be made by this Constitution or by law, shall be in Philadelphia vested in five distinct and separate courts of equal and coördinate jurisdiction, composed of three judges each. The said courts in Philadelphia shall be designated respectively as the court of common pleas number one, number two, number three, number four, and number five, but the number of said courts may be by law increased, from time to time, and whenever such increase shall amount in the whole to three, such three judges shall compose a distinct and separate court as aforesaid, which shall be numbered as aforesaid. In Philadelphia, all suits shall be instituted in the said courts of common pleas without designating the number of the said court, and the several courts shall distribute and apportion the business among them in such manner as shall be provided by rules of court; and each court, to which any suit shall be thus assigned, shall have exclusive jurisdiction thereof, subject to change of venue, as shall be provided by law. In the county of Allegheny all the jurisdiction and powers now vested in the several numbered courts of common pleas shall be vested in one court of common pleas, composed of all the judges in commission in said courts. Such jurisdiction and powers shall extend to all proceedings at law and in equity which shall have been instituted in the several numbered courts, and shall be subject to such changes as may be made by law, and subject to change of venue as provided by law. The president judge of said court shall be selected as provided by law. The number of judges in said court may be by law increased from time to time.

Sec. 7. For Philadelphia there shall be one prothonotary's office and one prothonotary for all said courts, to be appointed by the judges of 107

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