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ever, That said company shall have complied in all respects with the provisions of the revenue laws of this Commonwealth relating to foreign corporations: And provided further, That nothing herein contained shall be deemed to prevent or relieve any real estate, taken and held by any such foreign corporation under the provisions of this statute, from being taxed in like manner with other real estate in this Commonwealth: And provided further, That no such foreign corporation shall be entitled to employ any greater amount of capital in such business in the State than the same kind of corporations organized under the laws of this State are entitled to employ: And provided further, That every such foreign corporation, doing business as aforesaid in this Commonwealth, shall be liable to taxation to an amount not exceeding that imposed on corporations for similar purposes under the laws of this State; and every such foreign corporation, taking the benefit of this act, shall make the same returns to the Auditor General that are required by law to be made by corporations of this State, under similar circumstances: And provided further, That such foreign corporations shall have complied in all respects with the provisions of an act, entitled "An act to prohibit foreign corporations from doing business in Pennsylvania without having known places of business and au thorized agents," approved the twenty-second day of April, Anno Domini one thousand eight hundred and seventy-four.

Commonwealth of Pennsylvania,
Executive Department,
Harrisburg, March 30, 1905.

To the Honorable, the House of Representatives of the Commonwealth of Pennsylvania:

Gentlemen: I return herewith, without my approval, House bill No. 109, entitled "An act declaring valid and indefeasible, as to any right of escheat in this Commowealth, the title to real estate composing its manufacturing establishment, taken by a foreign corporation engaged in this Commonwealth in the business of manufacturing any product of iron or steel, in its corporate name, which has mortgaged the same to secure its bonds."

This bill provides "That whenever any company, incorporated under the laws of any other State, engaged in the manufacture of any product of iron or steel within this State, shall have taken title in its corporate name to real estate whereon it maintains its manufacturing establishment, and shall have mortgaged such real estate and issued bonds secured thereby, the title of such company to such real estate is hereby declared valid and indefeasible, as to any right of escheat in this Commonwealth." It is of a like character with several bills which were disapproved at the last session of the Legislature. (See Vetoes, pages 22, 116-117.) The act of April 29, 1874, passed in compliance with the requirements of the Constitution, placed certain restrictions upon the organization of corporations which were intended for the benefit of the stockholders and the community. Among these restrictions was one which prevented the granting of a charter unless a certain proportion of the capital has been previously paid into the treasury of the corpora

tion. Since that time, many persons doing business in this State have sought to escape from these limitations by securing charters in other States, where no such limitations exist. There are other statutes in this Commonwealth which prevent foreign corporations from owning real estate within the Commonwealth. To permit corporations, organized for the reasons above given in other States, to hold real estate and do business here, would be, in effect, to nullify, indirectly, our own laws. This bill presents to such corporations an easy means of escape from the disabilities imposed upon them. Its terms are not confined to cases where foreign corporations have heretofore purchased real estate and have issued bonds secured by mortgages, but they extend to the future as well, and, therefore, any foreign corporation which may hereafter come into this State and buy lands for the purpose of the manufacture of the product of iron or steel, and which shall thereupon issue bonds secured by a mortgage, is given, in this indirect manner, the right to purchase and hold such real estate. It does not seem wise on the part of the Commonwealth to surrender, without consideration, all the rights of escheat in such cases which may have occurred in the past, and which may occur in the future, and without regard to what may be the attendant circumstances.

For these reasons the bill is not approved.

SAML. W. PENNYPACKER.

No. 15.

AN ACT

To provide for the adoption of cast off and abandoned infants.

Section 1. Be it enacted, &c., That in any case where an infant child heretofore has been, or hereafter may be, cast off and abandoned by its parent or parents, and surreptitiously left at the door or on the premises of any person, whereby its parentage may not be certainly known, it shall be lawful for any person who may take in and care for such abandoned child, and is desirous of adopting the same as his or her heir, or as one of his or her heirs, to present his or her petition to the court of common pleas of the county where he or she may reside, setting forth, under oath, the facts and circumstances of the abandonment of such child, the care taken of it, the petitioner's desire to adopt the same, and that he or she will perform all the duties of a parent to such child; and such court, if satisfied that the welfare of such child will be promoted by such adoption, may decree that such child shall assume the name of the adopting parent, and have all the rights of a child and heir of such adopting parent, and be subject to the duties of such child, of which the record of the court shall be sufficient evidence, and he, she or they shall, respectively, inherit from and through each other as if all had been the lawful children of the same parent.

Commonwealth of Pennsylvania,

Executive Department, Harrisburg, March 31, 1905.

To the Honorable, the House of Representatives of the Commonwealth of Pennsylvania:

Gentlemen: I return herewith, without my approval, House bill No. 140, entitled "An act to provide for the adoption of cast off and abandoned infants."

The entirely proper purpose of this bill is already provided for under existing laws.

For this reason the bill is not approved.

SAML. W. PENNYPACKER.

No. 16.

AN ACT

To prohibit the use of any adulteration or imitation of dairy products in any charitable or penal institution; being supplementary to an act, entitled "An act for the protection of the public health, and to prevent adulteration of dairy products and fraud in the sale thereof," approved May twenty-one, Anno Domini one thousand eight hundred and eighty-five, and to prescribe penalties and punishment for violations, and the means and method of procedure for the enforcement, thereof.

Section 1. Be it enacted, &c., That it shall not be lawful for any charitable or penal institution, in the State of Pennsylvania, to use or furnish to its inmates any substance the manufacture or sale of which is prohibited by section one of the act, entitled "An act for the protection of the public health, and to prevent adulteration of dairy products and fraud in the sale thereof," approved May twentyfirst, Anno Domini one thousand eight hundred and eighty-five.

Section 2. That any officer, agent, steward, or other official of any such charitable or penal institution, who shall buy any substance the manufacture or sale of which is prohibited by section one of the said act of May twenty-one, Anno Domini one thousand eight hundred and eighty-five, for use in such charitable or penal institution, or who shall knowingly cause such substance to be used by the inmates of such charitable or penal institution, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine not exceeding one thousand dollars, or imprisonment not exceeding two years, for each offense, or either or both, at the discretion of the court.

Section 3. Every person who shall sell or offer for sale to any officer, agent, steward, or other official of any charitable or penal institution any substance the manufacture or sale of which is prohibited by section one of the said act of May twenty-first, Anno Domini one thousand eight hundred and eighty-five, for use in such charitable or penal institution, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding two years, or either or both, at the discretion of the court.

Section 4. The Dairy and Food Commissioner shall be charged

with the enforcement of all the provisions of this act; and all penalties which may be recovered, and all fines which may be paid, in any proceeding or proceedings to enforce the provisions of this act, shall be paid to the Dairy and Food Commissioner, or his agent, and by him paid into the State Treasury; and the money so paid shall constitute a special fund, for the use of the Department of Agricuìture in enforcing the pure food laws of the Commonwealth, and may be drawn out upon warrants signed by the Dairy and Food Commissioner or the Secretary of Agriculture, and approved by the Auditor General.

Commonwealth of Pennsylvania,

Executive Department, Harrisburg, March 31, 1905.

To the Honorable, the House of Representatives of the Commonwealth of Pennsylvania:

Gentlemen: I return herewith, without my approval, House bill No. 153, entitled “An act to prohibit the use of any adulteration or imitation of dairy products in any charitable or penal institution; being supplementary to an act, entitled 'An act for the protection of the public health, and to prevent adulteration of dairy products and fraud in the sale thereof,' approved May twenty-one, Anno Domini one thousand eight hundred and eighty-five, and to prescribe penalties and punishment for violations, and the means and method of procedure for the enforcement thereof."

This bill is conceived in a spirit of violence. It provides that any officer of a charitable or penal institution who shall "buy any substance the manufacture or sale of which is prohibited by section one of the act of May twenty-one, one thousand eight hundred and eighty-five," and every person who sells it to him, shall be guilty of a misdemeanor, and, upon conviction, be punished by a fine not exceeding one thousand dollars or imprisonment not exceeding two years, for each offense, at the discretion of the court. The recital of the act of May 21, 1885, is incorrect. The purpose of that act was not to prevent the manufacture and sale of the substance described in it, but to prevent their manufacture and sale "with intent to sell the same as an article of food." There is no suggestion of this fundamental thought in the present bill. If the oleaginous substances therein described were used in an institution for cleaning spoons, it would be an offense within the terms of the act. The law recognizes a well defined difference between the principles which should be applied to vendors and vendees. The vendor is presumed to know the nature of the article which he sells. A vendee may or may not know it. He may be deceived. He may rely upon information which turns out to be false. To make the mere fact of purchase, without any evidence from which knowledge or intention may be inferred, a crime, subject to severe punishment, would be unjust. The penalty appears to be disproportionate to the offense, even though clearly established. Imprisonment for two years is a severe punishment for the purchase of "any oleaginous substance other than butter." In the original act the maximum penalty is $300, and the maximum period of imprisonment is thirty days. When we consider that the manufacturer, who must know

all about it, is only to be imprisoned for thirty days, and the purchaser, who may know nothing about it, is to be confined for two years, the injustice becomes plain.

For these reasons the bill is not approved.

SAML. W. PENNYPACKER.

No. 17.

AN ACT

Providing for the enlargement of cemeteries already existing, and located outside the corporate limits of cities, towns and boroughs, by increasing the acreage thereof for burial purposes.

Section 1. Be it enacted, &c., That whenever the board of directors or the board of managers of any incorporated cemetery association in this Commonwealth, the land and the property of which is situated outside the corporate limits of cities, towns and boroughs, shall be unable to procure additional land for the enlargement of such cemetery, by increasing the acreage thereof as they may deem expedient, by agreement with the owner or owners of the land at a fair, just and quitable price, it shall and may be lawful for such board of directors or board of managers, in behalf of such cemetery association, to enter upon and occupy sufficient land for burial purposes; and for all damages done and suffered or which shall accrue to the owner or owners of such land, by reason of the taking of the same for the purpose aforesaid, the property and funds of such cemetery association shall be pledged and deemed as security. And it shall and may be lawful for the court of common pleas of the proper county, on application thereto by petition, either by the said cemetery association, through the president and secretary of the board of directors or the board of managers, or by the owner or owners of said land, or any of them, in behalf of all, to appoint a jury of viewers, consisting of three discreet and disinterested citizens of said county, who shall not reside or own property within the distance of five miles of such land taken, as aforesaid, and appoint a time, not less than twenty nor more than thirty days thereafter, for said viewers to meet upon said land, of which time and place ten days notice shall be given by the petitioners to the said viewers and to the other party. And the said viewers, or any of them, having been first duly sworn or affirmed faithfully, justly and impartially to decide and a true report to make concerning all matters and things to be submitted to them, and having viewed the premises, they shall establish and determine the quantity and value of such land so taken, to be used for the purposes aforesaid; and after having a true and just valuation and appraisement of the amount of damages, if any, which has or may be sustained, and to whom payable, and make report thereof to the said court. And if damages be awarded, and the report confirmed by the said court, judgment shall be entered thereon, and, if not paid within thirty days after the entry of said judgment, execution to enforce the collection thereof may be issued, as in other cases of judgment. And each viewer shall be entitled

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