land is situate shall, within sixty days after the approval by the court of quarter sessions of the report of such jury of view, advertise in at least two newspapers of general circulation, published in said county, once a week for three consecutive weeks, for sealed proposals for the laying out of such drain or drains and the construction and completion of such work, as in said report shall be provided; and the county commissioners, or a majority of them, shall accept the proposal or proposals deemed most advantageous to the public and to those interested and affected by said work, and shall enter into a contract or contracts with such contractor or contractors. They shall require the contractor or contractors to enter into and acknowledge a bond to such county, with at least two sureties, or some reliable surety company, in a sum or sums equal to twenty per centum of the consideration of such contract or contracts, conditioned for the faithful performance of all the terms and conditions of such contract or contracts, which bond or bonds shall be approved by the county solicitor. Section 11. Within three months after the completion of the work, the county solicitor of any such county shall enter liens against the properties upon which assessments have been made by the report of said jury of view, which shall then remain in whole or part unpaid, and shall from time to time proceed to collect said assessment, or parts thereof remaining due and unpaid, according to law, together with all accrued interest and legal costs. The total amount of said assessments shall be appropriated to the payment of the contract price of the said work and other necessary expenses therewith connected. Section 12. All acts or parts of acts inconsistent herewith are hereby repealed. Commonwealth of Pennsylvania, To the Honorable, the House of Representatives of the Commonwealth of Pennsylvania: Gentlemen: I return herewith, without my approval, House bill No. 98, entitled "An act to provide for the draining of swampy and wet lands, and the assessment and collection of the costs thereof from the owners of the property thus improved." For the reasons given in a message to the Assembly, dated April 27, 1903, disapproving a bill in almost identically the same language, which message is printed among the vetoes of that year, upon page 113, this bill is not approved. SAML. W. PENNYPACKER. No. 21. AN ACT Granting an annuity to J. H. Pershing. Whereas, J. H. Pershing, a private of company B., J. R. Oursler, captain, and T. F. Gallagher, colonel, of the Fifty-fourth regiment, Pennsylvania militia, enlisted under a proclamation issued June fifteenth, one thousand eight hundred and sixty-three, by Abraham Lincoln, President of the United States, calling on A. G. Curtin, Governor of the Commonwealth of Pennsylvania, for fifty thousand militia, while in the service, and while in the line of duty at Camp Brooks, Pennsylvania, in August, one thousand eight hundred and sixty-three, contracted cramp of the stomach and bowels, dysentery and bloody flux, caused by severe hunger, resulting in gastritis, piles, chronic diarrhea and prolapsus-ani, and which have never yielded to medical treatment, affidavits of his captain and ten comrades show said disabilities to be of service origin, being discharged while sick, on the seventeenth day of August, one thousand eight hundred and sixty-three, affidavits of fourteen physicians and twenty-two neighbors show debilitating conditions every year since one thousand eight hundred and sixty-three; that he is now an invalid. And whereas, said disabilities are increasing with age, causing more or less constant pain, necessitating regular medical treatment, and that, when bedfast, requires an attendant, totally incapaci tating him from performing any kind of labor whatever, to obtain a livelihood, not having done a day's work for thirty-two years: Section 1. Be it enacted, &c., That the State Treasurer be and is hereby directed to place the name of J. H. Pershing, of Greensburg, Pennsylvania, county of Westmoreland, on the lists of pensions for an annuity, increased from the amount granted by the Assembly of one thousand eight hundred and ninety-seven, as per bill number three hundred and eighty-eight (pamphlet laws, pages four hundred and twenty-nine), to the rate given by the medical examining board of thirty dollars per months, commencing the first day of January, one thousand nine hundred and five, payable semi-annually during his natural lifetime. Should the Federal Government pension said J. H. Pershing, then this act shall become a nullity. Section 2. That after the passage of this act, the act of one thousand eight hundred and ninety-seven, above referred to, be and is hereby repealed. Commonwealth of Pennsylvania, To the Honorable, the House of Representatives of the Commonwealth of Pennsylvania: Gentlemen: I return herewith, without my approval, House bill No. 110, entitled "An act granting an annuity to J. H. Pershing." This bill contains a number of statements of facts the accuracy of which there are no means of ascertaining. If pensions are to be granted for services rendered during the War of the Rebellion, it ought not to be done by special legislation, but by a general act. The worthy soldier whom it would benefit is no doubt deserving, but perhaps not more so than many others whom this bill would not in any way affect. It provides for the repeal of the act of the 26th of June, 1897, and has no reference to such repeal in its title. It is, therefore, unconstitutional. For these reasons the bill is not approved. SAML. W. PENNYPACKER. No. 22. AN ACT Regulating the age at which calves can be slaughtered for food, and providing a means of tracing to the origin any veal shipped to or from points in this Commonwealth, and providing penalties for the violation thereof. Section 1. Be it enacted, &c., That on and after the passage of this act, no person shall slaughter for the purpose of selling the same for food, or expose for sale, or sell, within this State, or bring or cause to be brought into any city, town or village within this State, for food, the carcass of any calf or any part thereof, except the hide, unless it is in good, healthy condition, and was at least four weeks of age at the time of killing. Any authorized agent of the State Live Stock Sanitary Board may examine any calf or veal, found within this State, offered or exposed for sale, or kept with intent to sell, as food; and if such calf is under four weeks of age, or the veal is from a calf killed under four weeks of age, or from a calf in an unhealthy condition when so killed, he may seize and cause it to be destroyed, or disposed of in such a manner as to make it impossible to be used as food. Section 2. It shall be unlawful for any corporation, partnership, person or persons, to ship to or from any part of this State any carcass or carcasses of a calf or calves, or any part of such carcass except the hide, unless they shall attach to every carcass or part thereof, so shipped, in a conspicuous place, a tag that shall stay thereon during such transportation, stating the names of the shipper, the points of shipping and the destination, and the age of the calf; and no railroad company, express company, steamboat company, or any other common carrier shall carry, or receive for transportation, any carcass or carcasses of calves, or any part of the same except the hide, unless said carcass or carcasses or parts thereof shall be tagged as herein provided. Section 3. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and, upon conviction thereof before any alderman, magistrate or justice of the peace, shall be sentenced to pay a fine of not more than one hundred dollars for each and every offence, together with all the costs of the prosecution, and in default of the payment of said fine and costs, shall stand committed until the same are paid. All penalties and costs recovered for the violation of any of the provisions of this act shall be paid to the Secretary of the State Live Stock Sanitary Board, or to the authorized agent of said Board, and by him be immediately covered into the State Treasury. 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. 152, entitled "An act regulating the age at which calves can be slaughtered for food, and providing a means of tracing to the ori gin any veal shipped to or from points in this Commonwealth, and providing penalties for the violation thereof." It is to be regretted that this bill cannot be approved, since it proposes to prevent the killing of calves which are diseased or are under four weeks of age, and the selling of their flesh as food, which subject is a very proper one for legislation. Unfortunately there has been a want of care in the preparation of the bill, and this want of care is the greater for the reason that the difficulty which arises was clearly pointed out in a message disapproving a like bill two years ago. (See vetoes, page 49.) The bill directs that "any authorized agent of the State Live Stock Sanitary Board may examine any calf or veal, found within this State, offered or exposed for sale, or kept with intent to sell, as food, and if such calf is under four weeks of age, or the veal is from a calf killed under four weeks of age, or from a calf in an unhealthy condition when so killed, he may seize and cause it to be destroyed or disposed of in such manner as to make it impossible to be used as food." Some calves within this State, under four weeks of age, are intended by their owners to be raised, but most of them are kept with intent to sell them as food. The bill authorizes the agent of the State Live Stock Sanitary Board to take all such calves and destroy them so as to make it impossible that they should be used as food. Since all the calves within the State are, or were, at one time or another, under four weeks of age, it would enable these agents to seize and destroy any or all of them, provided there was an intent upon the part of the owner at any time to sell them as food. The language is broad enough to cover nearly all calves, because the intent of the owner no doubt is, even where they are permitted to become full grown bulls, steers and cows, finally to convert them into food. For these reasons the bill is not approved. SAML. W. PENNYPACKER. No. 23. AN ACT To provide for an additional law judge of the several courts of the Fortyseventh Judicial District, composed of the county of Cambria. Section 1. Be it enacted, &c., That in addition to the judges provided for in an act, entitled "An act to designate the several judicial districts of the Commonwealth as required by the Constitution, and to provide for the election, appointment and commissioning of judges, learned in the law, for the said districts in cases where such judges are not provided for by existing law," approved the eigh teenth day of July, Anno Domini one thousand nine hundred and one, an additional law judge is hereby authorized and provided for the several courts of the Forty-seventh Judicial District, composed of the county of Cambria, who shall possess the same qualifications which are required by the Constitution and laws for the president judge of said district, and who shall hold his office for a like term and by the same tenure, and shall have the same powers, authority and jurisdiction, and shall be subject to the same duties, restrictions and penalties, and shall receive such compensation as is provided by law. Section 2. At the next general election after the passage of this act, the qualified electors of said forty-seventh judicial district shall elect, in the manner provided by law for the election of a president judge, a competent person, learned in the law, to serve as additional law judge in said district. Vacancies in the office hereby created, whether caused by death, resignation, expiration of term, or otherwise, shall be filled in the same manner as required by law in case of a similar vacancy in the office of president judge. Section 3. The judge in said district whose commission shall first expire shall be the president judge thereof, except where the president judge be re-elected, in which case he shall continue to be president judge. Section 4. The Governor is hereby authorized to appoint some competent person, learned in the law, as such additional law judge, of said judicial district, until the first Monday of January succeeding the next general election. Commonwealth of Pennsylvania, Executive Department, Harrisburg, April 4, 1905. To the Honorable, the House of Representatives of the Commonwealth of Pennsylvania: Gentlemen: I return herewith, without my approval, House bill No. 71, entitled "An act to provide for an additional law judge of the several courts of the Forty-seventh Judicial District, composed of the county of Cambria." Of all the bills which have been passed during the present session for an increase in the number of judges, the present bill has the greatest apparent merit. The population of Cambria county at the time of the last census was 104,837, which showed an increase during the previous decade of 38,462. These figures indicate a great and rapid growth in population, and, since the business interests of the county are large and numerous, also a like rapid increase in the amount of litigation. The time, no doubt, is approaching when there will have to be provision made for another judge. At present, while there are at times perhaps sufficient cases to make the work burdensome for a single judge, there is not sufficient to give occupation to two judges. The Constitution provides that whenever the population of a county has reached the number of 150,000, a separate orphans' court shall be established. In Cambria county, if the present rate of increase continues, in a very few years an orphans' court will be there created, and that will be a relief to a great extent to the common pleas. To appoint now an additional judge would be in a short time to have in the county three judges. Much of the difficulty which at present exists is due to the want of railroad facilities which would enable the people of Johnstown to reach the county town. This difficulty would be in no way obviated by the appointment of an additional judge. The judge of the common pleas court now in commission does not ask for any assistance, and, in fact, appears to be of the opinion that such assistance would be |