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Iegfslatfbe Journal TUESDAY, JUNE 16, 1964

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Iegfslatfbe Journal TUESDAY, JUNE 16, 1964 COMMONWEALTH OF PENNSYLVANIA Iegfslatfbe Journal TUESDAY, JUNE 16, 1964 Session of 1964 148th of the General Assembly Vol. 1, No. 34 SENATE tion (Serial No. 58), which was read, considered and adopted. TUESDAY, June 16, 1964. In the Senate, June 16, 1964. The Senate met at 9:00 a.m., Eastern Standard Time. On Sunday, June 14, 1964, Miss Sue Rainsford Hertzler, a twenty year old Hood College Junior from Carlisle was The PRESIDENT (Lieutenant Governor Raymond P. selected as the Pocono Mountains Laurel Festival Queen Shafer) in the Chair. before a crowd of thousands at Fred Waring's Shawnee Inn, Shawnee-on-the Delaware, Monroe County. Miss Hertzler, who was crowned by entertainer Jackie PRAYER Gleason, was chosen from coeds representing twenty-three The following prayer was offered by the gentleman colleges in the East. from Schuylkill, Mr. WAGNER: To win such an honor is quite an achievement. We hope that her reign as Queen will be a memorable one. Con­ Let us pray. gratulations are in order; therefore be it O Lord, to a poet, there is nothing so rare as a day in RESOLVED, That the Senate of the Commonwealth of June. To Thy children, there is nothing so important as Pennsylvania offers its sincere congratulations to Sue the tasks assigned to us; Rainsford Hertzler upon her being selected as the Pocono namely, to serve Thee and Thy Mountains Kingdom Laurel Festival Queen; and be it further and Thy people. RESOLVED, That a copy of this resolution be forwarded Those of us elected to and those selected for responsible to Miss Hertzler. services in this Senate, pray, today, that You will awaken us to our opportunities, alert us to our duties, strengthen RECOGNIZING THE VERSAILLES VOLUNTEER FIRE us in our capacity to perform. COMPANY UPON ITS FIFTIETH ANNIVERSARY Bless our Country, keep us one Nation under God and Mr. STAISEY offered the following resolution (Serial protect people's freedom everywhere. We pray in our No. 59), which was read, considered and adopted: Father's Name. Amen. In the Senate, June 16, 1964. JOURNAL APPROVED The Versailles Volunteer Fire Company No. 1 was in­ The PRESIDENT. A quorum corporated on April 14, 1'914 by public spirited citizens of of the Senate being the Borough. present, the Clerk will read the Journal of the preceding Through the years the members of the Fire Company session. have devoted countless hours in the service of their The Clerk proceeded to read the Journal of the preceding community in fighting fires, in aiding people who have session, when, on motion of Mr. BERGER and Mr. SCOTT, been destitute and in distress and in emergencies, and have assisted people who have been ill or suffered injuries further reading was dispensed with, and the Journal was through accidents and drownings and have saved count­ approved. less lives through their devotion to their duties. The Versailles Volunteer Fire Company No. 1, with its PERMISSION TO ADDRESS SENATE outstanding service, ranks among the leaders in volunteer fire work throughout the Commonwealth of Pennsylvania; Mr. WADE asked and obtained unanimous consent to therefore be it address the Senate. RESOLVED, That the Senate of the Commonwealth of Mr. WADE. Mr. President, for decades, Pennsylvania recognizes the unselfish services that the the Cumberland Fire Company Valley has rendered to the citizens and taxpayers has been known not only for its beautiful ladies, of Versailles Borough and in emergencies, to the citizens but for its highly talented ladies, as well. It was with in the surrounding communities, on the fiftieth anniversary great pleasure, I am sure, that residents of Cumberland of the founding of Versailles Volunteer Fire Company County and the entire Cumberland Valley were No. 1, of the Borough of Versailles; and be it further delighted RESOLVED. to know of the That a copy of this resolution be trans­ distinction and honor conveyed to Miss Sue mitted to the President of the Fire Company at Versailles, Rainsford Hertzler, last week, in the Pocono Mountains, Pennsylvania. when she was crowned as the Pocono Mountains Laurel Festival Queen. She was crowned by Mr. Jackie Gleason, GUESTS OF SENATOR LEONARD C. STAISEY in person. PRESENTED TO SENATE Therefore, Mr. President, it is a great pleasure for me to Mr. STAISEY. Mr. President, I am very pleased to have present to the Senate the following resolution and ask for as guests of the Senate two very distinguished citizens, its immediate consideration, on behalf of myself and who are very fine Senator Scott: public servants. I would like to intro­ duce them to my colleagues here in the Senate. First, I SENATE RESOLUTIONS would like to introduce Mr. Joseph Liverotti, who is Chairman of the Board of Township Commissioners, in CONGRATULATING SUE RAINSFORD HERTZLER South Fayette Township and President of the Allegheny UPON BEING SELECTED THE POCONO MOUNTAINS County Township Commissioners Association; and his LAUREL FESTIVAL QUEEN colleague, George Dresmich, who is the Supervising Messrs. WADE and SCOTT offered the following resolu- Principal of the South Fayette Township Schools. 320 LEGISLATIVE JOURNAL-SENATE. June 16, The PRESIDENT. We are very happy to have these in another section of the Constitution. I believe it was distinguished visitors in the Senate Chamber this morning. Article VI, but I will not say that that is right, because I do not specifically recall it. As I said, Mr. President, if CALENDAR this should, upon examination, be the case, then we can amend and make the Eminent Domain Act consistent FINAL PASSAGE CALENDAR with this particular provision. BILLS ON FINAL PASSAGE I do not, however, have any idea that this Article would prohibit the right of a jury trial in eminent domain HB 102 (Pr. No. 118)-0n the question, proceedings. Shall the bill pass finally Mr. MAHADY. Mr. President, I am not commenting on Mr. WEINER. Mr. President, the only thing that is a the issue which is before the Senate at the present time, problem here, which was mentioned before, relates to the as to what has been said prior to this point. However, I jury trials, in r~gard to the eminent domain procedures. draw your attention to the guaranteeing of the right of The thing which troubles me-and I think the record jury, as heretofore, applied only to criminal cases. There should so indicate-is that, if this measure passes another are two civil case guarantees in the Constitution, and this Session of the Legislature and it appears on the ballot is one of them. We are removing that. and is approved by the electorate, you will have a situa­ We should review the fact that we have sort of surrend­ tion where we went to a great deal of trouble of passing ered our prerogatives to the Supreme Court to make pro­ an eminent domain bill, and now we are going to either cedural matters here, plus the fact that we are removing a supersede that bill or amend it immediately, by this con­ provision which says that the right of appeal is guaranteed stitutional provision. It seems to me that we should do in such a case. Yesterday, I pointed out that the taking of one or the other. If House Bill No. 102 is very desirable, a man's home or his property are very sacred things. To maybe, since the eminent domain bill is on our Special guarantee to him that he will get more than one shot at Session Calendar today, we should rewrite that bill and the right of appeal and the right of a trial by his peers, put this feature into it, rather than spending all this time is the issue here. One of the elements is the most sacred; and energy in getting an eminent domain bill through and namely, those rights of property. then amending it by this process. I think we should do It is true that we have departed from the tangible part one thing or the other, and not do both of them. of the common law to intangibles. When you get into the Mr. BERGER. Mr. President, I cannot reconcile the field of intangibles, the guarantee of trustworthiness, from statement of the Minority Leader, with the language of an eminent standpoint, and the guarantee of the right, this proposed constitutional amendment, as being incon­ itself, that is an inherent right. sistent with the provisions of the eminent domain bill, If you will examine the various Constitutions, Federal which we hope to pass here today in the Special Session. and State,-and we like to feel that the fifty States are However, if such inconsistency is apparent, upon further fifty workshops of the guaranteeing of the rights of in­ examination of both the Eminent Domain Act and the dividuals-you will see that this right, the right to appeal proposed constitutional amendment, should it be adopted, from the Court of first instance, whether it is the viewers it would be a rather simple matter to amend the Eminent or whether it be a committee which merely sets forth the Domain Act. Frankly, I do not think this is necessary. I amount that this man can receive, should not be removed. think the provisions of the Act are consistent with this If we go back prior to the times of the Constitutions, we amendment. will find that that was where the biggest abuse and the Mr. WEINER. Mr. President, may I respectfully point biggest complaint was. That guarantee did not come in out that on page 3, of House Bill No. 102, the second there by accident, or studied out under a lamp.
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