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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,
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, Sec. tion 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 hav. ing 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 inembers 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.
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 artificial color shall be used in any product mentioned in this section, so that putrefaction, decay, or other inferiority of a similar nature, is concealed; or so that any article or product, herein referred to, shall appear other than it really is; or so as to have any other effect than to restore or supply the nautral color or appearance of the fruit or vegetable substances from which said article or product is made.
Section 2. It shall be the duty of the Dairy and Food Commissioner to enforce the provisions of this act, for which purpose he shall have the same power which is given him to enforce the provisions of the act authorizing his appointment.
Section 3. All penalties or fines which may be recovered in any proceeding to enforce the provisions of this act, shall be paid to the Dairy and Food Commissioner or his agent, and by him paid into the State Treasury; and the money so paid shall constitute a special fund, for the use of the Department of Agriculture in enforcing this act, and may be drawn out upon warrants signed by the Secretary of Agriculture and approved by the Auditor General.
Commonwealth of Pennsylvania,
Harrisburg, March 8, 1905. To the Honorable, the House of Representatives of the Common
wealth of Pennsylvania: Gentlemen: I return herewith, without my approval, House bill No. 63, entitled "An act to prohibit the adulteration of food, and providing for the enforcement thereof."
Article III, Section 3, of the Constitution provides that the subject of every bill "shall be clearly expressed in its title." The title of the present bill is "An act to prohibit the adulteration of food, and providing for the enforcement thereof." There is no prohibition in the bill which is not contained in the Act of June 26, 1895. The subject of the bill purports to be the prohibition of the sale of fruit syrups, prepared fruits and fruit products containing “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 harmless vegetable substances. As the Act of 1895 prevents the use of these substances, this bill, if it became a law, wouid be a repeal to that extent of the former act. It would also be such a repeal without any reference whatever to the preceding act, as the Constitution requires. The subject of the bill, however, is not the prohibition of the adulteration of food, since this subject had been much more fully covered by the prior legislation. The real purpose is found in the words, “but the use of such added substances, in such propor. tions or less, shall be and is hereby permitted.” To this subject, which constitutes the really important part of the bill, there is no reference whatever in the title, and therefore the bill is plainly unconstitutional. Since these important words are contained in the midst of a long section, the bill is calculated to mislead the legis. lator, and is an unusually striking example of the evil which the provision of the Constitution, with respect to the title, was intended to prevent. For these reasons the bill is not approved.
SAML. W. PENNYPACKER.
A FURTHER SUPPLEMENT To an act, entitled "An act relating to executions, approved June sixteenth,
eighteen hundred and thirty-six; amending sections one hundred and six and one hundred and seven of said act, by providing that proceedings to obtain possession of land, sold on execution, shall take place before one justice of the peace, alderman or magistrate, and a jury of six men, instead of before two justices of the peace or aldermen, and a jury of twelve men, as provided by said act; and fixing the time for the hearing in such proceedings.
Section 1. Be it enacted, &c., That the one hundred and sixth sec. tion of an act, entitled "An act relating to executions," approved June sixteenth, one thousand eight hundred and thirty-six, which reads as follows:
“Section 106. If the defendant, or any person in possession under him, as aforesaid, shall refuse or neglect to comply with the notice and requisition of the purchaser, as aforesaid, such purchaser, or his heirs or assigns, may apply by petition, to any two justices of the peace or aldermen of the city, town of county where such real estate may be, setting forth:
First. That he purchased the premises at a sheriff's or cororner's sale.
Second. That the person in possession at the time of such application, is the defendant, as whose property such real estate was sold, and that he came into possession thereof under him.
Third. That such person in possession had notice, as aforesaid, of such sale, and was required to give up such estate three months previously to such application," be and the same is hereby amended so as to read as follows:
Section 106. If the defendant, or any person in possession under him, as aforesaid, shall refuse or neglect to comply with the notice and requisition of the purchaser, as aforesaid, such purchaser, or his heirs or assigns, may apply by petition to any justice of the peace, alderman or magistrate, of any city, town, borough or county where such real estate may be, setting forth:
First. That he purchased the premises at a sheriff's or coroner's sale.
Second. That the person in possession at the time of such application is the defendant, as whose property such real estate was sold, and that he came into possession thereof under him.
Third. That such person in possession had notice, as aforesaid, of such sale, and was required to give up such estate three months previously to such application.
Section 2. That the one hundred and eleventh section of said act, which reads as follows:
"Section 107. If the applications, as aforesaid, shall be verified by the oath or affirmation of the petitioner, or if probable cause to believe the facts therein set forth be otherwise shown, the said justices are hereby enjoined and required, forth with to issue their warrant, in the nature of a summons, directed to the sheriff of the county, commanding him to summon a jury of twelve men of his baliwick, to appear before the said justices, at a time and place to be specified, within four days next after the issuing thereof, and also, to summon the defendant, or person in possession, as aforesaid, at