by the court. It appears from section two that the bill assumes that such judgment can only be rendered by the magistrate when the municipality is the defendant in the suit, but this is a mistaken view. The judgment may just as well be given against it when the municipality is the plaintiff, as when it is the defendant. In the cases in which the municipalities are the plaintiffs, there is no provision for making the taxpayer, who may appeal, an intervening party. Apart from this oversight, the bill is wrong in principle. It takes the determination of the question of the propriety of appealing away from the officials, where it belongs, and who have been selected by the people, and gives it to a taxpayer, no matter how irresponsible he may be. There may be the best of reasons known to the officials and unknown to him for not taking an appeal. If it be a judgment to pay money they may know from the contract in their possession that the amount is due. There may be good reason for believing that upon an appeal, the judgment would be for a larger amount. In that event, they and not he would have to provide for its payment. Other taxpayers are interested in the determination of the suit, and they are represented by the officials they have chosen for the purpose. Without their consent and without consultation with them, he is permitted to interfere in a way which may require them to pay an increased sum. It is wrong, too, because it assumes a failure of duty on the part of the officials and exceptional public zeal on the part of some unascertained individual. The presumptions are all just the reverse. If in fact the officials are inefficient and slothful, there are remedies by mandamus and by suit on their official bonds. It would be a mistake to transfer their duties to some stranger against whom no such remedies exist. After the lapse of ten days they might conclude to appeal and then there would be a probable conflict as to who should conduct the cause and perhaps the municipality be made to suffer. For these reasons the bill is not approved. SAML. W. PENNYPACKER. No. 6. AN ACT Authorizing the county commissioners, in counties containing more than five hundred thousand inhabitants, to appoint election officers, including election judges, inspectors and assessors, in all cases of vacancy from any cause, and ru lating the procedure in such cases. Section 1. Be it enacted, &c., That in all election divisions, in counties of this Commonwealth which now or may hereafter contain more than five hundred thousand inhabitants, where a vacancy exists, by reason of the death, resignation, disqualification, removal from the division, or by the creation of new divisions, or other cause, in an election board heretofore elected or appointed, including the judge of election, majority or minority inspectors of election, and the assessor of election, the county commissioners of said county, upon proof furnished that such vacancy or vacancies exist, shall, at any time before any general, municipal, or special election, appoint competent persons, who shall be of good character and qualified electors, actually resident in the division where the vacancy occurs, to fill said vacancy or vacancies, to conduct the election in said districts; and in the appointment of inspectors in any election division, both shall not be of the same political party, and the judge of election shall in all cases be of the political party the head of whose ticket received the majority of votes in said district at the last election; and in case of the disagreement of the county commissioners as to the selection of inspectors, the political majority of the commissioners shall select one of such inspectors, and the minority commissioner or commissioners select the other. The decision of the county commissioners as to the fact of the vacancy, and the necessity and propriety of the appointment, and all matters touching the same, shall be final and conclusive, and not subject to any right of appeal or review in any court; the true intent and meaning hereof being that the county commissioners shall have exclusive and final jurisdiction in all such cases. Section 2. All acts or parts of acts general, special or local inconsistent herewith are hereby repealed. Commonwealth of Pennsylvania, To the Honorable, the House of Representatives of Pennsylvania: Gentlemen: I return herewith, without my approval, House bill No. 109, entitled "An act authorizing the county commissioners, in counties containing more than five hundred thousand inhabitants, to appoint election officers, including election judges, inspectors and assessors, in all cases of vacancy from any cause, and regulating the procedure in such cases." The purpose of this bill is to transfer in counties containing more than five hundred thousand inhabitants the appointment of election officers in cases of vacancies from the judges of the courts of common pleas to the county commissioners. A careful examination of the bill leads me to the conclusion that as to some of its features at least, it is contrary to the provisions of the Constitution. Article five, section one of that instrument vests the judicial power in the Supreme Court, the courts of common pleas and such other courts as may from time to time be established. The Legislature cannot divest the court of common pleas of its jurisdiction under the Constitution. The vacancies intended to be provided for in this bill are such as arise "by reason of the death, resignation, disqualification, removal from the division * or other cause." Under these circum * stances, "the decision of the county commissioners as to the fact of the vacancy and the necessity and propriety of the appointment, and all the matters touching the same shall be final and conclusive, and not subject to any right of appeal or review in any court, the true intent and meaning hereof being that the county commissioners shall have exclusive and final jurisdiction in all such cases." The commissioners are, therefore, finally to determine what constitutes a "disqualification" to hold the office. In reaching a determination upon this question, they are to take testimony and weigh its effect. Under section one, proof is to be furnished that such vacancy exists. Their conclusion as to "all the matters touching the same" is to be final. It is quite clear that as to this subject, the bill, if it became a law, would give the commissioners the powers of a court, and one of last resort, and would lessen the jurisdiction of the court of common pleas, and is, therefore, in violation of the Constitution. The power of appointment is not a judicial function and could be given to the county commissioners, but the wisdom of such a course is at least doubtful. The present system has endured for many years and in the main has given satisfaction. There is a certain practical convenience in having the same body which determines the existence of the vacancy to fill it by appointment. During the long period through which the judges of the common pleas have acted upon these vacancies, a body of precedents have been established which make easy the course to be pursued. The system is now uniform throughout the State and there are disadvantages in having one plan pursued in two cities and a different plan throughout the rest of the State. The Commissioners are selected to perform certain practical duties, the erection of buildings and bridges, the purchase and distribution of supplies, and it may well be questioned whether the imposition upon them of a duty so different from their usual pursuits as the appointment of election officers would be to the public advantage or meet with public approval. For these reasons the bill is not approved. SAML. W. PENNYPACKER. No. 7. Making it lawful for the cities of the second class of this Commonwealth, and authorizing and empowering said cities, to purchase and hold land, not included within the corporate limits of the said cities, but being wholly within the county in which said city or cities may be situate, for the purpose of erecting and maintaining thereon hospitals for the treatment of contagious and infectious diseases. Section 1. Be it enacted, &c., That it shall be lawful for the cities of the second class of this Commonwealth, and they are hereby authorized and empowered, to purchase and hold land, not included within the corporate limits of the said cities, but being wholly within the county in which said city or cities may be situate, for the purpose of erecting and maintaining thereon hospitals for the treatment of contagious and infectious diseases. Commonwealth of Pennsylvania, Executive Department, Harrisburg, March 20, 1903. To the Honorable, the Senate of Pennsylvania: Gentlemen: I return herewith, without my approval, Senate bill No. 121, entitled "An act making it lawful for the cities of the second class of this Commonwealth and authorizing and empowering said cities to purchase and hold land not included within the corporate limits of the said cities but being wholly within the county in which said city or cities may be situate for the purpose of erecting and maintaining thereon hospitals for the treatment of contagious and infectious diseases." This bill is not approved for the reason that House bill No. 61, upon the same subject and in precisely the same language, has already been approved. SAML. W. PENNYPACKER. No. 8. Granting pension to George S. Granger, a private of Company "A," Ninth regiment, National Guard of Pennsylvania, who was disabled by sunstroke while in the line of his duty, at or near Belmont Mansion, West Philadelphia, on or about the month of July, Anno Domini one thousand eight hundred and eighty, and providing for the payment thereof. Whereas, George S. Granger was a private of company “A,” Ninth Regiment of the National Guard of Pennsylvania, and while employed in the line of his duty, at or near Belmont Mansion, West Philadelphia, was stricken with sunstroke, and by reason thereof has become permanently disabled and unable to perform any manual labor; and, Whereas, The said George S. Granger is in destitute circumstances: Section 1. Be it enacted, &c., That a pension of twelve dollars per month be paid to George S. Granger during the term of his life, commencing on the first day of May, Anno Domini one thousand nine hundred and three, and the said pension shall be paid by the State Treasurer every three months. Commonwealth of Pennsylvania, Executive Department, Harrisburg, March 20, 1903. To the Honorable, the Senate of Pennsylvania: Gentlemen: I return herewith, without my approval, Senate bill No. 219, entitled "An act granting pension to George S. Granger å private of company A, Ninth Regiment National Guard of Penn sylvania who was disabled by sunstroke while in the line of his duty at or near Belmont Mansion, West Philadelphia on or about the month of July, Anno Domini one thousand eight hundred and eighty and providing for payment thereof." The object of this bill is to grant a pension to a private of the National Guard of the State, who was stricken with sunstroke while on duty and disabled. However, meritorious may be the circumstances of this case, the bill is open to the objection that it is special pension legislation. There are probably many others who have suffered like, or even greater hardships. If they are not to be provided for, it would seem to be an unjust discrimination against them. If pensions are to be granted to disabled members of the guard, it ought to be by a general act which would define the service and determine for what injuries and disabilites the pensions should be granted and what the sums to be paid. SAML. W. PENNYPACKER. No. 9. To amend section eight of the act approved the thirteenth day of April, eighteen hundred forty-three, entitled "An act to convey certain real estate, and for other purposes," by extending the provisions thereof so as to enable the guardian or committee of lunatic husbands to bring and maintain actions for divorce. Section 1. Be it enacted, &c., That section eight of an act, entitled "An act to convey certain real estate and for other purposes," which read as follows: "That in cases where the wife is lunatic or non compos mentis, the courts of common pleas of this Commonwealth are invested with authority to receive a petition or libel for a divorce, which may be exhibited by any relative or next friend of the wife; and the affidavit required by the act concerning divorces may be made in the manner required by the act by such relative or next friend; and all the provisions of the several acts relating to divorces shall apply to all applications made under the directions of this section: Provided, That the fact of the lunacy of the wife and such circumstances as may be sufficient to satisfy the mind of the court as to the truth of the allega tion, shall be set forth in the petition; and upon the hearing of the case before the court or upon an issue to be tried by the jury, the question of lunacy with every other matter of fact that is affirmed by one party and denied by the other, shall be heard and investigated in the manner prescribed by the provisions of the several acts concerning divorces," be and the same is hereby amended to read as follows: That in cases where the wife or the husband is lunatic or non compos mentis, the courts of common pleas of this Commonwealth are invested with authority to receive a petition or libel for a divorce, which may be exhibited by any relative or next friend of the |