Commentaries on the Constitution of Pennsylvania

Thomas Raeburn White

T. & J. W. Johnson Company, 1907 - Constitutions - 618 pages

Contents

• CONSTRUCTION OF THE CONSTITUTION PAGE 1 Definition: 1
• 2 Relative Powers of Federal and State Governments: 2
• Interpreters of the Constitution: 3
• 4 State Legislature has all Powers Not Prohibited: 5
• Constitution: 6
• All Presumptions in Favor of Validity of Laws: 10
• Construction Not Technical Regard for the Spirit and Inten tion: 12
• Whole Instrument to be Examined: 13
• 9 History of the Times to be Considered: 14
• 10 Debates in Constitutional Convention: 15
• Construction of Other Departments of Government: 16
• Construction to be Continuous and Uniform and Having Re gard for the Common Law: 19
• 13 Operation to be Prospective: 21
• Directory and Mandatory Provisions: 23
• Effect of Declaring a Statute Unconstitutional: 27
• 16 The Preambles: 29
• CHAPTER II: 32
• Who May Exercise the RightMeaning of People: 33
• Through the Medium of the LegislatureConstitution of 1790: 34
• 5 Means Provided in the Constitution Itself: 35
• 7 Meaning of Revolutionary Constitution: 36
• Power of Constitutional Convention: 37
• LIBERTY OF CONSCIENCE PAGH 1 Views of American Colonists as to Religious Freedom: 41
• Relative Power of Federal and State Governments: 44
• 6 Construction of the Clauses: 47
• Disciplinary Measures: 48
• 10 When Church Officers Are Within Their Constitutional Rights: 49
• Church Legislation Affecting Constituent Parts of the Church Organization: 50
• When the Action of the Church Authorities is in Violation of the Church Law: 51
• 13 Ownership of Church Property as Between Warring Church Factions: 53
• What Constitutes Departure from Original Doctrines: 54
• Alliance with New Synod: 56
• Alteration of Creed: 57
• Christianity a Part of the Common Law: 58
• 18 Rule as Applied to Pennsylvania: 59
• 19 Doctrine of Superstitious Uses in Pennsylvania: 60
• 20 Exemption of Clergymen from Civil Duties: 61
• of omission or commission I wish in this public manner: 63
• CHAPTER IV: 66
• Summary Convictions: 67
• Summary Convictions Where the Offense is New: 68
• Trial by Jury in Civil Cases: 69
• Summary Civil Remedies: 70
• 7 Jury Trial in Equity and Orphans Court Cases: 71
• Regulations to Expedite the Business of the Courts: 72
• Right of Court to Oversee Trial and Grant New Trials: 73
• Right of Appellate Court to Review Action of Lower Court in Refusing New Trial: 74
• Waiver of Jury Trial in Civil Cases: 80
• CHAPTER V: 82
• Constitutional Provisions: 83
• 3 Right of the Citizen to Speak Write and Print on Any Sub ject: 84
• Alterations by the Legislature of the Law of Libel: 86
• Prosecutions for Libels Relating to Public Officers: 88
• 6 Meaning of Matter Proper for Public Investigation or In formation: 89
• Meaning of Not Maliciously or Negligently: 92
• 8 Burden of Proving Malice: 93
• 9 Evidence of the Truth of the Libel: 95
• Jury to be Judge of Law and Fact: 97
• CHAPTER VI: 99
• Right to Demand Nature and Cause of Accusation: 101
• 5 Right to Have Compulsory Process: 102
• 6 Right to Have a Speedy Trial by a Jury of the Vicinage: 103
• Right to Refuse to Incriminate Oneself: 104
• Constitutional Exceptions to the Rule: 105
• 9 Proceedings by Information: 106
• Twice in Jeopardy: 107
• Discharge of Jury in Case of Necessity: 108
• 13 Waiver of Constitutional Immunity: 109
• Excessive Bail Excessive Fines and Cruel Punishment: 110
• Amount of Bail a Matter of Judicial Discretion: 111
• Suspension of the Writ of Habeas Corpus: 112
• CHAPTER VII: 114
• 3 Meaning of Law of Land: 115
• 4 Meaning of Property Expectant Interests: 117
• 5 Altering or Destroying Remedies: 118
• 6 Creation of Remedies Where None Existed: 120
• 7 Laws Validating Defective Deeds or Wills: 123
• 8 Laws Conferring Power to Convey on Persons Acting in a Representative Capacity: 128
• Vested Rights Not to be Destroyed: 130
• Liberty of the Person: 131
• CHAPTER VIII: 134
• 2 Laws Impairing the Obligation of Contracts: 135
• Contracts of the State: 136
• Contracts of Municipal Corporations Etc: 137
• Where State Has Reserved Power to Alter Charter: 138
• 8 Power of State to Bargain Away Taxing Power Police Power etc: 141
• Grants to Municipal Corporations: 145
• Meaning of Law: 146
• Meaning of Impairment: 148
• Laws Affecting Remedies: 151
• 13 Contracts Respecting Remedies: 154
• Special Privileges and Immunities: 155
• CHAPTER IX: 157
• 2 Provisions in Pennsylvania Constitutions: 158
• Search Warrants: 159
• Construction of the Right to Speedy Justice: 160
• 7 Suits Against the State: 161
• Commissions of Criminal Courts Forbidden: 162
• Imprisonment for Debt: 163
• Attainder by Legislature: 164
• Attainder Not to Work Corruption of Blood: 165
• Forfeiture for Accidental Killing Forbidden: 166
• Right to Bear Arms: 167
• Standing Army: 168
• Organization of Militia: 169
• Titles of Nobility etc: 170
• Reservation of Power to People: 171
• CHAPTER X: 172
• Legislative Power Not to be Delegated: 173
• Laws Dependent Upon the Vote of the People: 174
• Parker vs Commonwealth Overruled: 177
• Repeal of Law Dependent Upon Vote of People: 179
• Administrative Acts Dependent Upon Vote of People: 180
• Delegation of Legislative Power to Municipal Corporations: 181
• Law Must Be Complete When it Leaves the Legislative Halls: 183
• CHAPTER XI: 187
• 3 Issuance of Writs to Fill Vacancies: 188
• 4 Length of Terms: 189
• Apportionment for the Election of Senators: 192
• 7 Duty of General Assembly to Make Apportionment: 197
• Qualifications of Members of the General Assembly: 200
• Members of General Assembly Not to Hold Other Offices: 201
• Persons Guilty of Infamous Crimes Ineligible: 202
• Bribery Defined: 203
• CHAPTER XII: 206
• 2 Organization of General Assembly: 207
• 3 Each House to Judge of the Election and Qualifications of its Members: 208
• Majority to Constitute a Quorum: 209
• Journals to be Kept and Sessions to be Public: 210
• CHAPTER XIII: 211
• 2 Members to Disclose Personal Interest in Pending Bills: 212
• 3 Bills to be Signed: 213
• Laws to Contain But One Subject: 214
• Title Now Part of the Act: 216
• 8 Clause Liberally Construed: 218
• Particular Reference in Title to Some Branches of Subject and Not Others: 219
• Repealing Clauses: 221
• Title Must Not Mislead: 222
• Title Must Give Sufficient Notice: 226
• Notice Contained in Title Must be Complete in Itself: 227
• Requirements as to Title Applies Only to Acts of Assembly: 228
• Revival and Amendment of Laws: 229
• CHAPTER XIV: 233
• 2 Reasons for Restrictions as to Local Legislation in Pennsyl vania: 234
• Text of the Clause Forbidding Local and Special Laws: 236
• Local and Special Laws Defined: 238
• Artificial Classification for Purposes of Legislation: 239
• Constitutionality of Legislation for Classes of Cities: 240
• Generality of Laws Dependent Upon Its Subject Matter: 242
• Laws Relating to Subjects Other than Municipal Functions: 245
• Subjects Not Proper for Class Legislation: 246
• Police Regulations: 249
• Unnecessary Municipal Regulations: 250
• Classification Must be Reasonable: 251
• Classification Must Not be Unnecessarily Extended: 253
• Classification Must be Based on Natural Peculiarities: 254
• Classification Must Not be Rigid: 255
• 19 Classification of Counties: 257
• 20 Classification of School Districts: 258
• Other Classification for Purposes of Legislation: 259
• Effect of Constitution on Existing Local Laws: 260
• Generality of Laws as Affected by Existing Local Laws: 261
• Clause Forbidding Local and Special Legislation as Applied to City Ordinances etc: 263
• CHAPTER XV: 265
• Meaning of Public Officer: 266
• Compensation of Judges: 267
• Emoluments Defined: 268
• 7 Stationery Fuel etc: 269
• 9 Damages for Personal Injuries: 270
• Investment of Trust Funds: 272
• Location of State Capitol: 273
• Appropriations for Charity etc: 274
• CHAPTER XVI: 276
• Power of Courts to Summon Executive Officers as Witnesses: 277
• 4 The Governor His Election: 279
• Term of Office: 280
• Power to Fill Vacancies: 281
• What Constitutes a Vacancy: 282
• Terms for which Appointments May Be Made: 283
• Pardoning Power: 285
• 13 Power to Require and Duty to Give Information: 286
• Power to Convene the General Assembly and Adjourn the Two Houses etc: 287
• Succession of Officers: 288
• 18 Veto of Appropriation Bills: 291
• 19 Constitutional Amendments: 295
• 23 Superintendent of Public Instruction: 296
• 1 Judicial Power Vested in the Courts: 297
• Interference by Legislature with Trial of Cases: 298
• Laws Validating Defective Judicial Decrees: 303
• Expository Statutes: 304
• Where Doubtful Law has not been Judicially Construed: 306
• 7 Prospective Expository Acts: 307
• Change of Venue: 313
• Power of Legislature Over the Courts: 314
• Composition of Supreme Court Election and Appointment of Justices: 315
• 11 Composition of Courts of Common Pleas: 318
• Courts of Oyer and Terminer etc: 322
• Courts of Common Pleas and Criminal Jurisdiction in Phila delphia and Allegheny Counties: 323
• Orphans Courts: 324
• Election Appointment and Removal of Judges of Courts of Record: 325
• Courts Not of Record: 326
• 20 Original Jurisdiction of the Supreme Court Injunctions: 327
• Mandamus and Quo Warranto: 328
• Jurisdiction in Criminal Cases: 329
• Assumption of Original Jurisdiction: 333
• Appellate Jurisdiction: 334
• Supreme Court to Have None but Judicial Duties: 336
• Certiorari and Appeals from Courts Not of Record: 337
• 27 Jurisdiction of Courts of Common Pleas: 338
• Compensation of Judges: 339
• CHAPTER XVIII: 341
• Officers Who May be Impeached Penalties: 342
• Removal from Office: 343
• Oath of Office: 345
• CHAPTER XIX: 348
• 2 Elections to be Free and Equal: 349
• Qualifications of Electors: 350
• 4 Qualifications of Electors Unalterable by Legislature: 351
• 5 Regulations of Exercise of Right of Suffrage: 352
• Registration Laws Under the Amended Constitution: 356
• Assessment and Payment of Taxes: 357
• 8 Residence Within the State and Election District: 358
• Voting Residence Not Gained or Lost in Certain Cases: 361
• Manner of Voting: 362
• 13 Bribery and Corruption of Elections: 363
• Trial of Contested Elections: 364
• 16 Election Officers: 366
• Electors to be Privileged from Arrest at Elections: 367
• CHAPTER XX: 368
• Tax Must be for Public Purposes and Reasonably Uniform: 369
• Meaning of Public Purposes: 371
• 4 Constitutional Requirement of Uniformity of Taxation: 373
• Basis Upon Which Classification May Be Made: 375
• 7 Classification of Securities Dependent Upon Character of Debtors: 376
• Extent to Which Classification May be Carried: 378
• Classification Based on Amount of Property: 380
• Meaning of Uniformity: 381
• 11 Local Taxation for Local Benefits: 383
• Upon Whom Assessments May be Levied: 385
• Disposition of Fund Raised by Local Tax: 386
• Property Must be Benefited: 387
• Repaving or Repair of Streets: 389
• Construction of Boulevards: 390
• 19 Mode of Assessment: 391
• 20 FootFront Rule: 392
• Limitation of FootFront Rule: 394
• Exemption from Taxation: 397
• Public Property Used for Public Purposes: 398
• Actual Places of Religious Worship: 399
• Places of Burial Not Used or Held for Private or Corporate Profit and Institutions of Purely Public Charity: 401
• Property from Which an Income is Derived: 408
• 31 Claims for Water Pipes Paving Streets etc: 418
• Seal of State 296: 422
• Municipal Debt Limited: 425
• Commonwealth Not to Assume Debts of Municipalities: 431
• CHAPTER XXIII: 437
• Accountability of Municipal Officers: 442
• 8 County Commissioners and County Auditors: 443
• CHAPTER XXV: 444
• 3 Police Power Not to be Abridged: 445
• Foreign Corporations Doing Business in this State: 447
• 6 Penalty of Doing Business Without Registration: 448
• Corporations to Engage Only in Authorized Business: 451
• Banking Corporations: 455
• Definition of Corporations: 456
• CHAPTER XXVI: 457
• 3 Power of Eminent Domain Not to be Bargained Away and to be Strictly Construed: 459
• Property to be Taken Only for Public Use: 461
• 5 Public Use Defined: 462
• Private Roads and Lateral Railroads: 464
• 7 What Property May be Taken Property Devoted to Private Use: 468
• Taking Property Already Devoted to Public Use: 470
• Taking Public Highways: 472
• Interference With Property Already Used for Public Pur poses: 474
• Taking Property Not Acquired by Eminent Domain: 476
• Compensation to be Made for Property Taken: 478
• Property Injured or Destroyed Change of Grade of Streets: 479
• Additional Servitude on Land Abutting on Public Highways: 480
• Consequential Injuries: 487
• Corporations Affected: 494
• Payment or Security of Damages: 496
• RAILROADS AND CANALS: 498
• Officers and Employees Not to be Interested in Contracts: 506
• 4 Constitutional Amendments Not to be Submitted to Governor: 512
• APPENDIX: 521
• TABLE OF CASES: 551
• INDEX: 579

Bibliographic information

• Title: Commentaries on the Constitution of Pennsylvania
• Author: Thomas Raeburn White
• Publisher: T. & J. W. Johnson Company, 1907
• Original from: Princeton University
• Digitized: Feb 27, 2009
• Length: 618 pages