Section 2. No member of Congress from this State, nor any person holding or exercising any office or appointment of trust or profit under the United States, shall at the same time hold or exercise any office in this State to which a salary, fees or perquisites shall be attached. The General Assembly may by law declare what offices are incompatible.

Dueling Disqualifies from Holding OfficeFurther Punishment.

Section 3. Any person who shall fight a duel or send a challenge for that purpose, or be aider or abettor in fighting a duel, shall be deprived of the right of holding any office of honor or profit in this State, and may be otherwise punished as shall be prescribed by law.

Election of County Officers-Terms-Vacancies. Section 2. County officers shall be elected at the municipal elections and shall hold their offices for the term of four years, beginning on the first Monday of January next after their election, and until their successors shall be duly qualified; all vacancies not otherwise provided for, shall be filled in such manner as may be provided by law.*

One Year's Residence Necessary to Qualify for Appointment to a County Office.

Section 3. No person shall be appointed to any office within any county who shall not have been a citizen and an inhabitant therein one year next before his appointment, if the county shall have been so long erected, but if it shall not have been so long erected, then within the limits of the county or counties out of which it shall have been taken.

County Seat-Certain Offices to be Located at. Section 4. Prothonotaries, clerks of the courts, recorders of deeds, registers of wills, county surveyors and sheriffs, shall keep their offices in the county town of the county in which they respectively shall be officers.

*Section 2 of Article 14, as given above, is Amendment No. 9, as adopted by a vote of the people November 2 1909. The section previously read as follows:

Section 2. County officers shall be elected at the general election and shall hold their offices for the term of three years, beginning on the first Monday of January next after their election, and until their successors shall be duly qualified; all vacancies, not otherwise provided for, shall be filled in such manner as may be provided by law.

ried not to Retain Fees.

Section 5. The compensation of county officers shall be regulated by law, and all county officers who are or may be salaried shall pay all fees which they may be authorized to receive, into the treasury of the county or State, as may be directed by law. In counties containing over one hundred and fifty thousand inhabitants all county officers shall be paid by salary, and the salary of any such officer and his clerks, heretofore paid by fees, shall not exceed the aggregate amount of fees earned during his term and collected by or for him.

Accountability of County, Township
Borough Officers for Public Moneys.

and

Section 6. The General Assembly shall provide by law for the strict accountability of all county, township and borough officers, as well for the fees which may be collected by them, as for all public or municipal moneys which may be paid to them.

Election of County Commissioners and Auditors-Vacancies-How Filled.

year

Section 7. Three county commissioners and three county auditors shall be elected in each county where such officers are chosen, in the one thousand nine hundred and eleven and every fourth year thereafter; and in the election of said officers each qualified elector shall vote for no more than two persons, and the three persons having the highest number of votes shall be elected; any casual vacancy in the office of county commissioner or county auditor shall be filled, by the court of common pleas of the county in which such vacancy shall occur, by the appointment of an elector of the proper county who shall have voted for the commissioner or auditor whose place is to be filled.†

ARTICLE XV.

CITIES AND CITY CHARTERS. When Cities May be Chartered.

Section 1.

own

Cities may be chartered whenever a majority of electors of any town or borough having a population of at least ten thousand shall vote at any general or municipal election in favor of the same. Cities, or cities of any particular class, may be given the right and power to frame and adopt their charters and to exercise the powers and authority of local self-government, subject, however, to such restrictions, limitations, and regulations, as may be imposed by the Legislature. Laws also may be enacted effecting the organization and government of cities and boroughs which shall become effective in any city or borough only when submitted to the electors thereof, and approved by a majority of those voting thereon. (Amendment of November 7, 1922).‡

†Section 7 of Article 14, as given above, is Amendment No. 10, as adopted by a vote of the people November 2, 1909. The section previously read as follows:

Section 7. Three county commissioners and three county auditors shall be elected in each county where such officers are chosen, in the year one thousand eight hundred and seventyfive and every third year thereafter; and in the election of said officers each qualified elector shall vote for no more than two persons, and the three persons having the highest number of votes shall be elected; any casual vacancy in the office of county commissioner or county auditor shall be filled by the Court of Common Pleas of the county in which such vacancy shall occur, by the appointment of an elector of the proper county who shall have voted for the commissioner or auditor whose place is to be filled.

Section 1 of Article 15, as given above, was designated as Amendment of November 7, 1922. The section previously read as follows:

a

Section 1. Cities maybe chartered whenever majority of the electors of any town or borough having a population of at least ten thousand shall vote at any general election in favor of same.

Section 2. No debt shall be contracted incurred by any municipal commission, except in pursuance of an appropriation previously made therefor by the municipal government.

City Sinking Funds.

Section 3. Every city shall create a sinking fund, which shall be inviolably pledged for the payment of its funded debt.

ARTICLE XVI.

PRIVATE CORPORATIONS.
Certain Charters to be Void.

Section 1. All existing charters, or grants of special or exclusive privileges, under which a bona fide organization shall not have taken place and business been commenced in good faith, at the time of the adoption of this Constitution, shall thereafter have no validity.

Corporate Privileges not to be Increased-Exceptions.

Section 2. The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, or alter or amend the same, or pass any other general or special law for the benefit of such corporation, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution.

State's Right of Eminent Domain and Police Power to be Supreme.

Section 3. The exercise of the right of eminent domain shall never be abridged or so construed as to prevent the General Assembly from taking the property and franchises of incorporated companies, and subjecting them to public use, the same as the property of individuals; and the exercise of the police power of the State shall never be abridged or so construed as to permit corporations to conduct their business in such manner as to infringe the equal rights of individuals or the general well-being of the State.

Cumulative Voting Permitted in Corporation

Elections.

Section 4. In all elections for directors or managers of a corporation each member or shareholder may cast the whole number of his votes for one candidate, or distribute them upon two or more candidates, as he may prefer.

Foreign Corporations-Regulations Concerning.

Section 5. No foreign corporation shall do any business in this State without having one or more known places of business and an authorized agent or agents in the same upon whom process may be served.

Corporations-Scope of Business Limited-Holding of Real Estate.

Section 6. No corporation shall engage in any business other than that expressly authorized in its charter, nor shall it take or hold any real estate except such as may be necessary and proper for its legitimate business.

Corporate Stocks and Bonds-Increase of Stock and Indebtedness-Regulated.

Section 7. No corporation shall issue stocks or bonds except for money, labor done, or money or property actually received and all fictitious increase of stock or indebtedness shall be void. The stock and indebtedness of corporations shall not be increased except in pursuance of general law, nor without the consent of the persons holding the larger amount in value of the stock, first obtained at a meeting to be held after sixty days notice given in pursuance of the law.

Under Right of Eminent Domain-Appeals. Section 8. Municipal and other corporations and individuals invested with the privilege of taking private property for public use shall make just compensation for property taken, injured or destroyed by the construction or enlargement of their works, highways or improvements, which compensation shall be paid or secured before such taking, injury or destruction. The General Assembly is hereby prohibited from depriving any person of an appeal from any preliminary assessment of damages against any such corporations or individuals made by viewers or otherwise; and the amount of such damages in all cases of appeal shall on the demand of either party be determined by jury according to the course of the common law.

State Banking Laws-Requirements. Section 9. Every banking law shall provide for the registry and countersigning, by an officer of the State, of all notes or bills designed for circulation, and that ample security to the full amount thereof shall be deposited with the Auditor General for the redemption of such notes or bills.

Alterations and Revocations of Charters-No Law Shall Create, Renew or Extend More Than One Charter.

Section 10. The General Assembly shall have the power to alter, revoke or annul any charter of incorporation now existing and revocable

at the adoption of this Constitution, or any that may hereafter be created, whenever in their opinion it may be injurious to the citizens of this Commonwealth, in such manner, however, that no injustice shall be done to the corporators. No law hereafter enacted shall create, renew or extend the charter of more than one corporation.

Banks and Trust Companies-Incorporation of by General Assembly.

Section 11. The General Assembly shall have the power by general law to provide for the incorporation of banks and trust companies, and to prescribe the powers thereof. (Amendment of November 2, 1920).*

Right to Construct Telegraph Lines-Consolidation of Competing Lines Prohibited.

Section 12. Any association or corporation organized for the purpose, or any individual, shall have the right to construct and maintain lines of telegraph within this State, and to connect the same with other lines, and the General Assembly shall, by general law of uniform operation, provide reasonable regulations to give full effect to this section. No telegraph company shall consolidate with, or hold a controlling interest in the stock or bonds of, any other telegraph company owning a competing line, or acquire by purchase or otherwise, any other competing line of telegraph.

Joint-Stock Companies or Associations Treated as Corporations.

Section 13. The term "corporation," as used in this article, shall be construed to include all joint stock companies or associations having any of the powers or privileges of corporations not possessed by individuals or partnerships.

ARTICLE XVII.

RAILROADS AND CANALS.

To be Public Highways and Common Carriers -Rights and Duties of Railroad Companies. Section 1. All railroads and canals shall be public highways, and all railroad and canal companies shall be common carriers. Any association or corporation organized for the purpose shall have the right to construct and operate a railroad between any points within this State, and to connect at the State line with railroads of other States. Every railroad company shall have the right with its road to intersect, connect with or cross any other railroad; and shall receive and transport each the other's passengers, tonnage, and cars loaded or empty, without delay or discrimination.

Companies Organized in this State to Maintain Offices and Stock Books Therein.

Section 2. Every railroad and canal corporation organized in this State shall maintain an office therein where transfers of its stock shall be made, and where its books shall be kept for inspection by any stockholder or creditor of such corporation, in which shall be recorded the amount of capital stock subscribed or paid in, and by whom, the names of the owners of its stock and the amounts owned by them, respectively, the transfer of said stock, and the names and places of residence of its officers.

Transportation of Persons and Property-Undue Discrimination Prohibited-Special Rate Tickets.

Section 3. All individuals, associations and corporations shall have equal right to have persons and property transported over railroads and canals, and no undue or unreasonable discrimination shall be made in charges for, or in facilities for, transportation of freight or passengers within the state or coming from or going to any other State. Persons and property transported over any railroad shall be delivered at any station at charges not exceeding the charges for transportation of persons and property of the same class in the same direction to any more distant station; but excursion and commutation tickets may be issued at special rates.

Parallel or Competing Lines not to be Ccnsolidated-Officers of, Restricted-Juries to Decide Whether Companies Are.

Section 4. No railroad, canal or other corporation, or the lessees, purchasers or managers of any railroad or canal corporation, shall consolidate the stock, property or franchises of such corporation with, or lease, or purchase the works or franchises of, or in any way control any other railroad or canal corporation owning or having under its control a parallel or competing line; nor shall any officer of such railroad or canal corporation act as an officer of any railroad or canal corporation owning or having the control of a parallel or competing line; and the question whether railroads or canals are parallel or completing lines shall, when demanded by the party complainant, be decided by a jury as in other civil issues.

Powers of Incorporated Common Carriers Limited-Privileges of Mining and Manufacturing Companies.

Section 5. No incorporated company doing the business of a common carrier shall directly or indirectly, prosecute or engage in mining or manufacturing articles for transportation over its works, nor shall such company directly or indirectly, engage in any other business than that of common carriers, or hold or acquire lands, freehold or leasehold, directly or indi

of Common Pleas Court of Schuylkill County. Section 15. Judges, learned in the law, of any court of record holding commissions in force at the adoption of this Constitution shall hold their respective offices until the expiration of the terms for which they were commissioned, and until their successors shall be duly qualified. The Governor shall commission the President Judge of the Court of First Criminal Jurisdiction for the counties of Schuylkill, Lebanon and Dauphin as a judge of the Court of Common Pleas of Schuylkill county, for the unexpired term of his office.

Who shall become President Judges-Terms of Associate Judges.

Section 16. After the expiration of the term of any President Judge of any court of Commor. Pleas, in commission at the adoption of this Constitution, the judge of such court learned in the law and oldest in commission shall be the President Judge thereof, and when two or more judges are elected at the same time in any judicial district they shall decide by lot which shall be President Judge; but when the President Judge of a court shall be re-elected he shall continue to be President Judge of that court. Associate judges, not learned in the law, elected after the adoption of this Constitution, shall be commissioned to hold their of fices for the term of five years from the first day of January next after their election.

Fixing Compensation of Judges

Section 17. The General Assembly, at the first session after the adoption of this Constitution, shall fix and determine the compensation of the judges of the Supreme Court and of the judges of the several judicial districts of the Commonwealth, and the provisions of the fifteenth section of the article on Legislation shall not be deemed inconsistent herewith. Nothing contained in this Constitution shall be held to reduce the compensation now paid to any law judge of this Commonwealth now in commission.

Common Pleas Courts in Philadelphia and Allegheny Counties-Organization of, in Philadelphia.

Section 18. The courts of Common Pleas in the counties of Philadelphia and Allegheny shall be composed of the present judges of the District Court and court of Common Pleas of said counties until their offices shall severally end. and of such other judges as may from time to time be selected. For the purpose of first organization in Philadelphia the judges of the court number one shall be Judges Allison, Pierce and Paxson; of the court number two Judges Hare, Mitchell and one other judge to be elected; of the court number three Judges Ludlow, Finletter and Lynd; and of the court number four Judges Thayer, Briggs and one other judge to be elected. The judge first named shall be the President Judge of said courts respectively, and thereafter the President Judge shall be the judge oldest in commission; but any President Judge re-elected in the same court or district shall continue to be President Judge thereof. The additional judges for courts numbers two and four shall be voted for and elected at the first general election after the adoption of this Constitution, in the same manner as the two additional judges of the Supreme Court, and they shall decide by lot to which court they shall belong. Their term of office shall commence on the first Monday of January, in the year one thousand eight hun dred and seventy-five.

Organization of Common Pleas Courts in Allegheny County.

Section 19. In the county of Allegheny, for the purpose of first organization under this Constitution, the judges of the court of Common Pleas, at the time of the adoption of this Constitution, shall be the judges of the court num

at the same date, shall be the judges of the The President Common Pleas number two. Judges of the Common Pleas and District Court shall be President Judge of said courts number one and two, respectively, until their offices shall end; and thereafter the judge oldest in commission shall be President Judge; but any President Judge re-elected in the same court, or district shall continue to be President Judge thereof.

When Organization of Common Pleas Courts in Philadelphia and Allegheny Counties Shall Take Effect.

Section 20. The organization of the courts of Common Pleas under this Constitution for the counties of Philadelphia and Allegheny shall take effect on the first Monday of January, one thousand eight hundred and seventy-five, and existing courts in said counties shall continue with their present powers and jurisdiction until that date, but no new anits shall be instituted in the courts of Nist s after the adoption of this Constitution.

Trial and Disposition Jauses and Transfer of Records, in Philaus.phia County.

Section 21. The causes and proceedings pending in the court of Nisi us, court of Common Pleas, and District Cou: in Philadelphia shall De tried and disposed of in the court of Comnon Pleas. The records and dockets of said courts shall be transferred to the prothonotary's office of said county.

Trial and Disposition of Causes in Allegheny County.

Section 22. The causes and proceedings pending in the court of Common Pleas in the county of Allegheny shall be tried and disposed of in the court number one; and the causes and proceedings pending in the District Court shall be tried and disposed of in the court number two.

Appointment of Prothonotary in PhiladelphiaClerk of Quarter Sessions.

Section 23. The Prothonotary of the court of Common Pleas of Philadelphia shall be first appointed by the judges of said court on the first Monday of December, in the year one thousand eight hundred and seventy-five, and the present Prothonotary of the District Court in said county shall be the Prothonotary of the said court of Common Pleas until said date when his commission shall expire, and the present Clerk of the court of Over and Terminer and Quarter Sessions of the Peace in Philadelphia shall be the Clerk of such court until the expiration of his present commission on the first Monday of December, in the year one thousand eight hundred and seventy-five.

Aldermen in Cities, other than Philadelphia, Containing over Fifty Thousand Inhabitants.

Section 24. In cities containing over fifty thousand inhabitants, except Philadelphia, all aldermen in office at the time of the adoption of this Constitution shall continue in office until the expiration of their commissions, and at the election for city and ward officers in the year one thousand eight hundred and seventy-five one alderman shall be elected in each ward as provided in this Constitution.

Magistrates to Succeed Aldermen in Philadelphia.

Section 25. In Philadelphia magistrates in lieu of aldermen shall be chosen as required in this Constitution, at the election in said city for city and ward officers in the year one thousand eight hundred and seventy-five; their term of office shall commence on the first Monday of April succeeding their election. The terms of office of alderman in said city holding or entitled to commissions at the time of the adoption of this Constitution shall not be affected thereby.