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Report of the COMMISSION on CONSTITUTIONAL REVISION

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Report of the COMMISSION on CONSTITUTIONAL REVISION Report of the COMMISSION on CONSTITUTIONAL REVISION OBVERSE. 6 &/v lo p 1959 1 5 I ALLEGHENYCOUNTY Law Library PITTSBURGH,PA. THE GREAT SEAL OF THE COMMONWEALTH OF PENNSYLVANIA (OFFICIAL) PENNSYLVANIA COMMISSION ON CONSTITUTIONAL REVISION SUITE ?35-A. MAIN CAPITOL SUILDING HARRISBURG. PENNSYLVANIA March 9, 1959 To His Excellency, David L. Lawrence, Governor and To The Honorables, The Members of the General Assembly of the Commonwealth of Pennsylvania Gentlemen: Pursuant to the Act of July 15, 1957, P.L. 927, the Commission on Constitutional Revision is pleased to submit for your consideration this report. The funds available to the Commission were not sufficient to pay for recording and printing its debates and discussions. Therefore, as chairman, I think it advisable to report some of my personal observations concerning the Commission*s deliberations. The Commissioners were faithful in attendance at both Commission and committee meetings. Although aided by an able staff, a considerable amount of detail work was done by the Commissioners themselves. The discussions demonstrated that the Commissioners gave extensive thought and study to the problems under consideration. The deliberations were free from partisan approach. In spite of basic differences in governmental philosophy and the forceful presentation of conflicting views, there never were any expressions of acrimony or personal animosity to mar the decorum of the meetings. The presiding officer had no problems. The individual members of the Commission will, if requested, be pleased to meet with the legislative committees which may be assigned the task of reviewing and implementing this report. Respectfully submitted, Robert B. Woodside Chairman in /?wce tllerein /or ever, una&ed, except in ence 6~2 /owacl to rec+re improuemd. ” Con3 titu tion of? I776 TABLE OF CONTENTS Page Letter of Transmittal ..................................... 1 Table of Contents ........................................ 3 TheCommission ......................................... 4 Photograph of the Commission .............................. 5 committees ............................................. 6 staff .................................................. 7 Acknowledgments ........................................ 8 History of Constitutions in Pennsylvania ...................... 9 Summary of Commission Activities .......................... 12 The Report ............................................. 13 Class 1 Changes; Table of Contents ........................ 17 Class 2 Changes; Table of Contents ........................ 59 The Constitution of 1874 with Recommendations for Change . 79 Joint Resolutions for Class 1 Changes; Table of Contents . 179 Joint Resolutions for Class 2 Changes; Table of Contents . 197 Minority Statements . .a.............................. 209 Act 400, Creating the Commission (The Act of July 15, 1957, P. L. 927) . , 224 3 THE COMMISSION The Honorable Robert E. Woodside Judge, Superior Court of Pennsylvania Chairman of the Commission The Honorable Horace Stem Former Chief Justice, Supreme Court of Pennsylvania Vice Chairman of the Commission Senator Robert D. Fleming Member, Senate of Pennsylvania Secretary of the Commission 0 Lientenant General Milton G. Baker Superintendent, Valley Forge Military Academy The Honomble Genevieve Blatt Secretary of Internal Affairs Matthew A. Crawford, Esq. Vice President and General Counsel, Pittsburg and Shawmut Railroad Tbe Honorable Richardson Dilwortb Mayor of Philadelphia Dr. Jefferson B. Fordbam Dean, University of Pennsylvania Law School Mr. George R. Lamade Publisher, GTit Mrs. Mitchell MacCartney President, Pennsylvania Council of Republican Women Dr. M. Nelson McGeary Head, Department of Political Science, Pennsylvania State University Mrs. Robert L. McGeeban Second Vice President (1957-1958), Pennsylvania League of Women Voters Philip Price, Esq. Barnes, Dechert, Price, Myers and Rhoads The Honorable 0. Jacob TaUman Former Member, Senate of Pennsylvania Butz, Hudders, Tallman and Rupp Tbe Honorable Edwin W. Tompkins Member, House of Representatives of Pennsylvania COMMISSION ON CONSTITTJTIONAL REVISION Seated, from lefti Genevieve Blat& Horace Stern, vice-chairman, Robert E. Woodside, chairman, Robert D. Fleming, secretary, Gwendolyn W. MacCartoey. Standing: 0. Jacob Tallman, Jefferson B. Fordbam, George R. Lamade, M. Nelson McGeary, Harriet McGeehan, Philip Price, Edwin W. Tompkins, Matthew A. Crawford, Richardson Dilwortb. Milton G. Baker was absent when the picture was taken. THE COMMITTEES Committee on Organization and Procedure Fordham, Chairman Crawford Fleming Stem Woodside Committee on Education and Social Welfare Baker, Chairman Lamade Stem Committee on The Executive Fleming, Chairman Baker Blatt Dilworth McGeary Committee on The Judiciary and Human Rights Stern, Chairman Dilworth McGeehan Price Woodside Committee on The Legislative Tompkin,s, Chairman Crawford Fleming Fordham Tallman Committee on Local Government Blatt, Chairman Fordham Lamade MacCartney McGeary Committee on State Finance C!r;;!r;dA Chairman Price Tompkins Woodside Committees cm Suffrage and Elections and Amendment and Revision Talhnan, Chairman itE2ZEiy 6 THE STAFF Severino Stefanon - Executive Director l S. Edward Hannestad, Counsel Bruce E. Cooper, Assistant Counsel Dr. Richard A. Edwards, Consultant ResearchAasistants Allen W. Burns, for The Executive Herbert E. Hays, for Sufrage and Elections W. H. Clay Keen, for The Legislative Harry A. Kitey, for Local Government Dr. Edward B. Logan, fur State Finance Donald S. Smith, for Local Government statisticians. Charles F. Burnheimer Kenneth I. Woodhall Stella Friedman, Secretary Theresa M. Breski, Stenographer Mary B. Kaminski, Stenographer ACKNOWLEDGEMENTS In preparation of this report the Commission has had invaluable assist- ance from many sources for which it is deeply grateful. Particular recognition is given to the Pennsylvania Economy League for putting its research facilities at the disposal of the Commission. The Committee on State Finance was aided materially by the able assistance of Dr. David H. Kurtxman and Mr. David R. Baldwin. The Committee on Local Government received many valuable services from Mr. John W. Ingram, Mr. Robert S. Lewis, and Mr. Fred E. Hershey. The Commission is also indebted to Dr. John H. Ferguson, Budget Secretary, Representative Norman Wood, Chairman of the House Com- mittee on Appropriations, Mr. Truman B. Thompson, Secretary of the House Committee on Appropriations, Attorney General Thomas D. McBride, Deputy Attorney General Harrington Adams and Deputy At- torney General George Keitel for their generous assistance in its studies in the field of state finance. Numerous individuals and organizations have been helpful in studying preliminary proposals and making their comments available to the Com- mittees. George F. Baer Appel, Esq., Mr. S. Edward Moore, Parliamen- tarian of the House of Representatives, Thomas Raebum White, Esq., the Pennsylvania State Chamber of Commerce and the Pennsylvania State As- sociation of Boroughs gave the Commission much of their time. The Bureau of Municipal Affairs was most helpful, as were all other departments within the state government to whom a request for assistance was addressed. The Commission recognizes the generosity of the Charles Fremont Taylor Trust of Philadelphia which made a grant of $5,000 available to the Commission for research on the subject of home rule for cities and other local communities. The Commission appreciates, too, the encouragement received from many sources, particularly The Pennsylvania League of Women Voters. The interest shown by many organizations, at the public hearings and sub- sequent thereto, has been stimulating. The Commission is grateful for all of these expressions of interest in its work. THE HISTORY OF CONSTITUTIONS IN PENNSYLVANIA The present Pennsylvania Constitution was proposed by Constitu- tional Convention on November 3, 1873. It was adopted by popular vote in December of that year and became effective on January 1, 1874. It is the fourth such document for the State, the first being the Constitution of 1776. The Constitnlion of 1776. The Continental Congress in May of 1776 passed a resolution urging the United Colonies to “adopt such govem- ment as shall in the opinion of the representatives of the people, best con- duce to the happiness and safety of their constituents in partrcular, and America in general.” In accordance with the resolution, signed by John Hancock as Presi- dent of the Congress, the committee of the city and liberties of Philadel- phia issued a call to the several counties to meet in provincial conference in Philadelphia. In a one-week meeting at Carpenter’s Hal$ with Thomas McKean sitting as president of the conference, it was unammously agreed that a provincial convention be called for the purpose of forming a new government in the province. Accordingly, an election was held for the designation of ninety-six delegates to the convention. The delegates met in Philadelphia from July 15 to September 28, 1776, with Benjamin Franklin presiding as president of the body. Under his leadership, freedom from Great Britain was pro- vided for and a declaration of rights was adopted. The convention then pmceeded to set up a legislature of one house, an executive council of twelve with no power over legislation, and a council of censors to con- sider the state of the constitution every seven years. The “Bill of Rights and Constitution of the Commonwealth of Pennsylvania” was
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