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Commonwealth of Pennsylvania

VETOES

BY THE GOVERNOR, OF BILLS PASSED BY THE

LEGISLATURE, SESSION OF 1905.

WM. STANLEY RAY,
STATE PRINTER OF PENNSYLVANIA,

1905.

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VETOES.

BILLS RETURNED TO THE LEGISLATURE BY THE GOVERNOR, WITH HIS OBJECTIONS THERETO, DURING ITS REGULAR SESSION, ENDING APRIL 13, A. D. 1905.

No. 1.

AN ACT

For the protection of index boards, erected or to be erected by the supervisors of the several townships of the Commonwealth of Pennsylvania, at the intersection of public roads within the several townships of the said Commonwealth, and prescribing penalties for the violation of its several provisions.

Section 1. Be it enacted, &c., That from and after the passage of this act, it shall be a misdemeanor for any person or persons, within this Commonwealth, to deface, disfigure or destroy any index board, erected at the intersection of any public road or roads by the supervisor or supervisors thereof.

Section 2. Any person or persons violating any of the provisions of this act shall be guilty of a misdemeanor, and, upon conviction thereof before any alderman or justice of the peace of the county wherein the offense was committed, shall be sentenced to pay a fine of not less than five dollars and not exceeding twenty-five dollars, which shall be paid to the treasurer of the school-board of the school-district within which the offense shall have been committed, for the use of the public schools of the said district. In default of the payment of the fine imposed, the person so convicted shall be sentenced to imprisonment in the county jail of said county, for the period of one day for each dollar of the fine so imposed.

Section 3. All acts or parts of acts inconsistent herewith are hereby repealed.

Commonwealth of Pennsylvania,

Executive Department,

Harrisburg, March 2, 1905. To the Honorable, the House of Representatives of the Common

wealth of Pennsylvania: Gentlemen: I return herewith, without my approval, House bill No. 20, entitled "An act for the protection of index boards, erected or to be erected by the supervisors of the several townships of the Commonwealth of Pennsylvania, at the intersection of public roads within the several townships of the said Commonwealth, and prescribing penalties for the violation of its several provisions."

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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 Common

wealth 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 wbich 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

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