This bill makes it a misdemeanor for any person or persons to deface or destroy an index board, erected at the "intersection of any public road or roads by the supervisor or supervisors thereof." It further provides that upon conviction of the misdemeanor, before any alderman or justice of the peace of the county wherein the offense was committed, the person violating the act shall be sentenced to pay a fine of not less than five dollars and not exceeding twentyfive dollars, "which shall be paid to the treasurer of the school board," and that, in default of the payment, he shall be sentenced to imprisonment for a period of one day for each dollar of the fine. The offense sought to be prevented by the bill might well have been treated as a petty offense, for which there could be a summary conviction before an alderman or justice of the peace. The bill, however, makes the offense a misdemeanor, and provides for its punishment by imprisonment without trial by jury, and probably, therefore, violates the Constitution. There is no provision for a writ of habeas corpus, or other supervision by the courts. The fine is to be paid, not to the alderman or justice, but to the treasurer of the school board. The sentence of imprisonment is to be imposed in default of the payment of the fine. How long a time is to intervene before the person convicted shall be considered in default does not appear. Since the payment is to be made to the treasurer of the school board, some time must be supposed to intervene, and it ought to be defined. There is no such thing as "the intersection of any public road." For these reasons the bill is not approved. SAML. W. PENNYPACKER. No. 2. AN ACT Confirming and validating elections heretofore held for the increase of municipal indebtedness, notwithstanding defects in procedure or ballot. Section 1. Be it enacted, &c., That all elections heretofore held by any county, city, borough, township, school district, or other municipality or incorporated district within this Commonwealth, to increase its indebtedness, under the provisions of an act, entitled "An act to regulate the manner of increasing the indebtedness of municipalities, to provide for the redemption of the same, and to impose penalties for the illegal increase thereof," approved twentieth April, one thousand eight hundred and seventy-four, and acts amendatory thereof and supplemental thereto, where the necessary majority of votes was cast at such election in favor of the increase of indebtedness, be and the same are hereby ratified, confirmed and made valid, notwithstanding any defect in the time or manner of calling such election, or any defect in the form of ballot, or in the mode of conducting such election. Commonwealth of Pennsylvania, Executive Department, Harrisburg, March 2, 1905. To the Honorable, the House of Representatives of the Commonwealth of Pennsylvania: Gentlemen: I return herewith, without my approval, House bill No. 28, entitled “An act confirming and validating elections heretofore held for the increase of municipal indebtedness, notwithstanding defects in procedure or ballot." This bill provides that all elections heretofore held by any county, municipality or incorporated district to increase its indebtedness, under the provisions of the act of April 20, 1874, and its amendments, "where the necessary majority of votes was cast at such election in favor of the increased indebtedness," be made valid, notwithstanding any defect "in the time or manner of calling such election, or any defect in the form of ballot, or in the mode of conducting such election." This bill is so broad in its terms as to constitute dangerous legislation. Its application is not confined to cases where the obligations of the municipality have been issued, and where, therefore, it would be a protection to innocent purchasers, but it applies to all elections heretofore held, whether or not the obligations have been issued. The defects which it proposes to cure are not only defects of form, but it includes all defects, and would cover instances in which those defects may be vital and fundamental, as well as those which may be only irregularities. If, for example, the form of the ballot was such as to indicate to the voter accurately the subject for which he has voted, and the view upon that subject which he wished to express, it might well be cured, even though the exact words of the statute were not used; but if, on the other hand, the defect in the form was such that it did not express clearly what was the will of the voter, it would not be wise to ratify such an election. A defect "in the mode of conducting such election" might be an unimportant matter, and might also be the reception of illegal votes, or the incorrect addition of the votes, or the incorrect return of the votes cast. For these reasons the bill is not approved. SAML. W. PENNYPACKER. No. 3. A JOINT RESOLUTION To provide for the participation of the State of Pennsylvania in the Lewis and Clark Centennial Exposition, to be held in the city of Portland, Oregon, in the year one thousand nine hundred and five, in commemoration of the one hundredth anniversary of the exploration of the Oregon country by an expedition planned by President Jefferson and commanded by Captain Meriwether Lewis and William Clark; and providing for the appointment of a Commission, and making an appropriation to defray the expenses of the same. Whereas, An Exposition to celebrate the one hundredth anniversary of the exploration of the Oregon country by an expedition planned by President Jefferson and commanded by Captains Meri wether Lewis and William Clark, will be held in the city of Portland, Oregon, beginning on June first, one thousand nine hundred and five, and continuing until October fifteenth, one thousand nine hundred and five; Whereas, The United States Government has appropriated for its building and exhibits four hundred and seventy-five thousand dollars, the State of Oregon has appropriated five hundred thousand dollars, and the citizens have subscribed and paid in five hundred thousand dollars, the approximate cost of the whole Exposition to be five millions; Whereas, An invitation has been extended to the several states and territories to participate in this Exposition, and many have accepted such invitation and made suitable appropriation to cover the cost of the same; Therefore resolved, by the Senate and House of Representatives of the General Assembly, that a commission of seventeen members be created on the approval of this joint resolution, to be constituted as follows: the Governor, Lieutenant Governor of the State; the present President pro tempore of the Senate, and he shall appoint three members of the Senate; the Speaker of the House of Representatives, and he shall appoint five members of the House of Representatives; and five persons, to be appointed by the Governor of the Commonwealth, of which the Governor shall be President. They shall organize within fifteen days after their appointment, and make the necessary arrangements for the proper representation of this Commonwealth at said Exposition, including the erection of a suitable State building, and aiding exhibitors as in their judgment shall be proper, in order to secure exhibits on the part of this Commonwealth; for which purpose the sum of sixty thousand dollars is appropriated, or so much thereof as may be necessary. Resolved, That when said Exposition shall have closed, all the property belonging to the said Commission shall be sold, and the proceeds thereof paid into the general fund of the State Treasury. Commonwealth of Pennsylvania, Executive Department, Harrisburg, March 3, 1905. To the Honorable, the Senate of the Commonwealth of Pennsylvania: I return herewith, without my approval, Senate bill No. 1, entitled "A joint resolution to provide for the participation of the State of Pennsylvania in the Lewis and Clark Centennial Exposition, to be held in the city of Portland, Oregon, in the year one thousand nine hundred and five, in commemoration of the one hundredth anniversary of the exploration of the Oregon country by an expedition planned by President Jefferson, and commanded by Captain Merriwether Lewis and William Clark; and providing for the appointment of a Commission, and making an appropriation to defray the expenses of the same." While this bill has apparently the form of a joint resolution, it is certified to me as Senate bill No. 1, and, therefore, some difficulty arises as to what should be its proper designation. The resolution directs that a commission of seventeen members be created to make the necessary arrangements for a proper representation of this Commonwealth at the exposition to celebrate the one hundredth anniversary of the exploration of the Oregon country. It further provides that the commission shall be constituted as follows: "The Governor, Lieutenant Governor of the State; the present President pro tempore of the Senate, and he shall appoint three members of the Senate; the Speaker of the House of Representatives, and he shall appoint five members of the House of Representatives; and five persons, to be appointed by the Governor of the Commonwealth, of which the Governor shall be President." The object sought to be accomplished is one entirely commendable, and, if there were no other objection to the resolution, it might well be approved. The resolution, however, raises a question of much more importance than the immediate object to be accomplished, for the reason that it affects the fundamental principles of the government of the Commonwealth. Article IV, Section 2 of the Constitution, provides, "The Supreme executive power shall be vested in the Governor, who shall take care that the laws be faithfully executed." Article II, Section 1 of the same instrument, provides, "The legislative power of this Commonwealth shall be vested in a General Assembly, which shall consist of a Senate and a House of Representatives." There is nothing in the Constitution, anywhere, which indicates a purpose to give executive power of any kind to the General Assembly. No doubt the framers of the Constitution found their reason for these two provisions in the experience of governments in the past, which has seemed to have taught that executive action is weakened when vested in large bodies, and that a concentration of executive authority is of value to the community. However this may be, the Constitution has so directed, and it is the duty of the Assembly, as well as the Governor, to obey this fundamental law. To make the arrangements for such an exposition as that proposed would appear to be purely executive work. If the resolution had provided that a majority of the commission should be appointed by the Governor, the difficulty might have been overlooked; but since twelve out of the seventeen of the members are appointed in other ways, it would seem to deprive him of that executive authority which is imposed upon him by the Constitution. The difficulty is increased and exaggerated by making the Governor the President of the commission. Under the terms of the resolution, he would be placed in a position of the most difficult and trying character; that of being ostensibly the head of a movement, and responsible for its results, without having any real power of direction. The effect of this embarrassing attitude has probably not been foreseen by the Senate and House. If it should be thought wise for the General Assembly to assume executive control, it would be far better for them to appoint the entire commission, omitting the Governor, as in that event the responsibility would be placed where the power is exercised. There are other objections to the proposed course. When the Governor appoints, he has the power of removal; and in the event that any of the appointees should prove to be incompetent or unworthy, changes may be made. Appointments by the Senate and House are not subject to such supervision, for the reason that the Legislature only convenes once in two years. The resolution provides that the present President pro tempore of the Senate "shall appoint three members of the Senate,” inferentially to be members of the commission. In the event of his death, resignation, or the selection by the Senate of another presiding officer, there would be no one to appoint these three members, and after they shall have been appointed there would be no one to exercise any supervision, should a mistake have been made. Since this exposition is to be held on the Pacific Coast, at a distance of some thousands of miles, a comparatively small commission would seem to be desirable. I return this resolution, with my objections, with the utmost promptness, in order that they may be duly considered and participation in the exposition may not be delayed. For the reasons above set forth, the Joint Resolution, or Senate bill No. 1, is not approved. SAML. W. PENNYPACKER. No. 4. AN ACT To prohibit the adulteration of food, and providing for the enforcement thereof. Section 1. Be it enacted, &c., That any person, firm or corporate body who shall, by himself, herself or themselves, or by his, her or their agents or servants, manufacture, sell, ship, consign, offer for sale, or expose for sale, or have in possession with intent to sell any fruit-syrup, prepared fruit or fruit product; or any syrup whose flavor is derived from any bark or root, such as birch, ginger, sassafras or sarsaparilla, or any plant, such as peppermint or wintergreen, or any vegetable product, nut or bean, such as chocolate or vanilla; or other kindred products, such as herein described; or any admixture of such fruit-syrups, prepared fruit or fruit products; which are or may be manufactured particularly for use in the preparation and dispensing of soda-water, carbonated beverages, or socalled soft-drinks, ices or ice cream, and containing, in the original package or concentrated form, more than one-fourth of one per centum of sodium-benzoate; or more than one-fourth of one per centum of added color, obtained from cochineal, caramel, turmeric, cudbear, beats, saffron, spinach, or any vegetable substances which are equally harmless, according to the United States, National or other standard dispensatories, shall be deemed guilty of a misdemeanor; and, upon conviction thereof in the court of quarter sessions of the peace of the proper county, shall be sentenced to pay a fine not less than fifty dollars ($50.00) nor more than one hundred ($100.00) dollars, or to undergo an imprisonment not exceeding sixty days in the jail of the county, or both, at the discretion of the court; but the use of such added substances, in said proportions or less, shall be and is hereby permitted: Provided, however, That nothing in this section contained shall in any way alter or affect existing laws regulating the sale of wines, spirituous or malt liquors, vinegar or natural fruit juices: And provided further, That no added or |