elect, in the manner provided by law for the e judge, a competent person, learned in the law, judge in said district. Vacancies in the whether caused by death, resignation, expirat wise, shall be filled in the same manner as is r of a similar vacancy in the office of president j Section 3. The judge in said district whose expire shall be the president judge thereof, president judge be re-elected, in which case h president judge.

Section 4. The Governor is hereby author competent person, learned in the law, to ser law judge, of said judicial district, until the fir succeeding said next general election.

Commonwealth o

Execu Harrisbu

To the Honorable, the Senate of the Commo

nia:

Gentlemen: I return herewith, without my No. 40, entitled "An act to provide for an að the several courts of the Sixth Judicial Dist county of Erie."

A better way to overcome the difficulty whi unite the counties of Erie, Warren and Fores trict. The counties of Forest and Warren, the thirty-seventh district, contain a populati this method the two judges, who are now con districts, would be entirely able to take care o in the district which would be created by the counties.

For this reason, and likewise for reasons se returning Senate bill No. 14, this bill does proval.

SAML. W

official stenographer, or stenographers, to be attached each of whom shall hold his or her office during the he court. Any official stenographer appointed under with leave of the court, supply a competent assistant stenographer temporarily, in his or her place. Each and assistant shall be competent in the practice of all sign, and file with the prothonotary or clerk of the of office that he or she will perform his or her duties

t shall be the duty of the stenographer or assistant nographic notes of the testimony, the judge's charge, lings on any question arising, and every order or reto the case, made by the judge in the presence of the ry trials, if requested to do so by counsel for either ime such order or remark is made, and without leave required, and every exception taken to such charge, s or remarks, also without leave of the court being reat purpose; and with like effect as if each exception ved and a bill of exceptions sealed by the trial judge, ly made. No exception to the charge shall be noted tated before the jury render their verdict.

pon the order of the court or the request of counsel or either of them, the stenographic notes shall be longhand or on the typewriter, and, with copies of the in evidence and admitted or rejected, shall be served reinafter set forth; and shall be certified by the stenose of jury trials, as follows:

tify that the above and foregoing is a true and correct my stenographic notes taken during the trial of the ad contains all the evidence taken or offered, all the e charge of the trial judge, every order or remark rease made by him in the presence of the jury, which her party requested should be taken down, and every -n to such charge, rulings, orders, or remarks.

Official Stenographer.

- be certified by the trial judge as follows: tify that the foregoing record of the trial of the above exceptions therein appearing, are hereby approved dered to be filed, with the same effect as if bills of exluly taken, sealed and filed.

Judge.

pon request made, as provided in section three, or this es shall be made of such stenographic notes, and of the in evidence and admitted or rejected; one of which

appeal, and the best authority in any matter same, or a copy thereof duly certified as is the clerk or prothonotary of the court, shall be tre correct, in whole or in part, as the case may b was testified to by any witness therein, or wh cided in that case, without further proof and w for calling the stenographer to prove the acc But, except on an appeal from the judgment or trial in which they were taken, evidence may or sustain their correctness, as in other cases.

Section 5. The said stenographer or stenog write out for the judges of the court, whenever the adjudications in equity and orphans' court ions filed in any cause, and shall furnish a copy and a third copy to the court itself, for filing.

Section 6. In all other proceedings, where b required to appoint a stenographer to take testi to the Court, three copies shall be made, serv stenographer, and filed in the manner hereinbef

Section 7. The said stenographer or stenogra as compensation for their services, to be paid by they are appointed, the sum of ten dollars per da day actually spent in equity, orphans' court or of two dollars per hour for each hour, or part the in other matters herein provided for, excluding spent in transcribing their notes; and, in add copies written out, served and filed, a sum to b but not exceeding thirty-five cents for each hu such copy. If they supply additional copies to which copies have been or are written out at t three copies above provided for, each additiona plied for not exceeding five cents for each hu paid by the party ordering the same.

Section 8. It shall be the duty of the trial ju Quarter Sessions of the Peace, Oyer and Termin Delivery to appoint said stenographer or sten quested by the Commonwealth or any defenda take full stenographic notes, and transcribe the going provisions of this act.

Section 9. All acts of Assembly and parts. herewith are hereby repealed.

TA

heir qualifications, duties and compensations, the time taking exceptions during trials, the certificates to be rd to the transcribed notes of trials, and making their and certified notes conclusive on appeals and prima e in other respects."

o of this act provides "it shall be the duty of the stenossistant to take full stenographic notes of the testidge's charge, if any, the rulings on any question arising, der or remark relating to the case, made by the Judge ce of the jury during jury trials, if requested to do so r either party at the time such order or remark is made, leave of Court being required, and every exception charge, rulings, orders or remarks, also without leave being required for that purpose, and with like effect ception was duly allowed and a bill of exceptions sealed judge, on request duly made. No exception to the be noted which is not stated before the jury render

system of government, power is divided by the Conn certain lines, which are therein defined, among three -the legislative, executive and the judicial. If either attempts to encroach upon the province of one of the in effect an attack upon the whole system. Such enhave been the fruitful source in all times past of the verthrow of governments. Each department ought to careful to refrain from interfering with the duties im he other departments. This bill, if it should become a e an attempt upon the part of the Legislature and the exercise control over the courts, and to take away a power which has been given to them by the Constituised upon a misunderstanding of the relation of a stenohe court. A court stenographer is a modern kind of duty it is to make a record of the proceedings which the court, subject to the authority and under the direcourt. This bill would make of him a kind of judicial some respects would put him above the court itself. ermine, as matter of law, whether an order or remark udge is one "relating to the case." He is to determine, of fact, whether an order or remark made by the judge the presence of the jury." Under our system of jury ception to a ruling of the judge is asked for and is alè judge trying the case. Under the provisions of the ographer is authorized to note exceptions "without court being required." Manifestly these provisions

but such power has to be vested somewhere a
gained by transferring it from the judge, where
who, in all probability, would be incompetent
cise such authority for the benefit of the admi
If judges are occasionally arbitrary, stenograp
mistaken. The principles of the administrati
known to them, and even with the language in
ples are expressed they are usually unfamiliar
with dread upon
situation wherein the rights
may be determined by the failure of a stenog
hear or properly understand the remarks mad
well to have court stenographers, and to pay
pensation, but they ought to be left subject t
courts in which they serve.

For these reasons the bill is not approved.
SAML. W.

No. 12.

AN ACT

For the prevention of Idiocy.

Whereas, Heredity plays a most important sion of idiocy and imbecility: therefore,

Section 1. Be it enacted, &c., That on the fi the passage of this bill, it shall be compulsory f stitution in the State, entrusted exclusively of care of idiots and imbecile children, to appoint one skilled neurologist and one skilled surgeon, whose duty it shall be, in conjunction with the institution, to examine the mental and physica mates.

If, in the judgment of this Committee of E Trustees, procreation is inadvisable, and there improvement of the mental condition of the in ful for the surgeon to perform such operation procreation as shall be decided safest and mo operation shall not be performed except in case nounced non-improvable, after one year's test