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thousand eight hundred and ninety-seven;" said amendment approved the second day of May, Anno Domini one thousand nine hundred and one, and which reads as follows:

"Section 2. All cheese manufactured and sold within this Commonwealth shall be divided into five grades, and shall be branded or stenciled in ordinary bold-faced capital letters, not less than onehalf inch in height, on one side of each cheese, and upon one side of the box or case containing the cheese, the manufacturer's name and post office address, and the words 'full cream,' 'three-fourths cream,' 'one-half cream," one-fourth cream,' and 'skimmed cheese.' All cheese branded 'full cream' shall contain not less than thirtytwo per centum of butter fat, as may appear upon proper test. All cheese branded 'three-fourths cream' shall contain not less than twenty-four per centum of butter fat, as may appear upon proper test. All cheese branded 'one-half cream' shall contain not less than sixteen per centum of butter fat, as may appear upon proper test. All cheese branded 'one-fourth cream' shall contain not less than eight per centum of butter fat, as may appear upon proper test. All cheese containing less than eight per centum of butter fat, as may appear upon proper test, shall be branded 'skimmed cheese:' Provided, however, That all full cream cheese sold, shipped` or consigned to dealers outside of the Commonwealth of Pennsylvania may be branded, or stenciled, or not, as required by the act, at the option of the manufacturer," be and the same is hereby amended to read as follows:

Section 2. All cheese manufactured or sold shall be divided into five grades, and shall be branded or stenciled in ordinary capital letters, not less than one-half inch in height, on one side of each cheese, and upon one side of the box or case containing the cheese, the name and postoffice address of the manufacturer, or some other person, firm or corporation, within this Commonwealth, who thereby becomes responsible for the quality of said cheese, and the words "full cream," "three-fourths cream," "one-half cream," "one-fourth cream," and "skimmed cream cheese." All cheese branded "full cream" shall contain not less than thirty-two per centum of butter fat, as may appear upon proper test. All cheese branded "threefourths cream" shall contain not less than twenty-four per centum of butter fat, as may appear upon proper test. All cheese branded "one-half cream" shall contain not less than sixteen per centum of butter fat, as may appear upon proper test. All cheese branded "one-fourth cream" shall contain not less than eight per centum of butter fat, as may appear upon proper test. All cheese containing less than eight per centum of butter fat, as may appear upon proper test, shall be branded "skimmed cheese:" Provided, however. That all full cream cheese, sold, shipped or consigned to dealers outside the Commonwealth of Pennsylvania, may be branded or stenciled, or not, as required by this act, at the option of the manufacturer.

Commonwealth of Pennsylvania,

Executive Department, Harrisburg, April 8, 1905.

To the Honorable, the House of Representatives of the Commonwealth of Pennsylvania:

Gentlemen: I return herewith, without my approval, House bill No. 42, entitled "An act to amend section two of an act, entitled ‘An act to amend section two of an act, entitled 'An act to prevent fraud and deception in the manufacture and sale of cheese, and defining what shall constitute the various grades of cheese, providing rules and regulations for marking and branding the same, providing for the enforcement of this act, prescribing penalties for its violation,' approved the twenty-third day of June, Anno Domini one thousand eight hundred and ninety-seven,' said amendment approved the second day of May, Anno Domini one thousand nine hundred and one."

The law, as it now exists, requires that all cheese sold within the Commonwealth shall have branded or stenciled upon one side of the box or case containing it "the manufacturer's name and postoffice address." The proposed amendment would change this regulation, and substitute "the name and post office address of the manufacturer, or some other person, firm or corporation, within this Commonwealth, who thereby becomes responsible for the quality of said cheese." The proposed change would be altogether disadvantageous, and not at all desirable. Putting the name of some other person on the box would not in any way make him responsible for the quality of the cheese. Beside, it would be very easy to put on the name of some obscure and utterly irresponsible person. The manufacturer is much more likely to be a man of responsibility, and, since he makes the cheese, he is much more likely than some stranger to know whether or not it has the proper portion of cream. How will it benefit the purchaser or anybody else to have put "in ordinary bold-faced capital letters, not less than one-half inch in height," upon the box the name and address of somebody who did not make the cheese?

For these reasons the bill is not approved.

SAML. W. PENNYPACKER.

No. 30.
AN ACT

In relation to railroads under lease, and saving their charters and franchises from forfeiture or impairment in case of failure of their lessees to maintain and operate any portion of their lines.

Section 1. Be it enacted, &c., That whenever any railroad, belonging to a company organized under any general or special law of this Commonwealth, is under lease to another railroad company, no failure on the part of the lessee to maintain or operate any portion of said railroad shall work a forfeiture or any impairment of the char

tered rights or franchises of the lessor: Provided, That this act shall not apply to passenger railway companies.

Section 2. All acts or parts of acts inconsistent here with are hereby repealed.

Commonwealth of Pennsylvania,

Executive Department, Harrisburg, April 12, 1905.

To the Honorable, the Senate of the Commonwealth of Pennsylva

nia:

Gentlemen: I return herewith, without my approval, Senate bill No. 210, entitled "An act in relation to railroads under lease, and saving their charters and franchises from forfeiture or impairment in case of failure of their lessees to maintain and operate any portion of their lines."

This bill provides "that whenever any railroad, belonging to a company organized under any general or special law of this Commonwealth, is under lease to another railroad company, no failure on the part of the lessee to maintain or operate any portion of said railroad shall work a forfeiture or any impairment of the chartered rights or franchises of the lessor; provided, that this act shall not apply to passenger railway companies." The act of 19th February, 1849, section 19, provides that "if, after completion, the said railroad shall be suffered to go into decay and be impassable for the term of two years, then their charter shall be null and void.” In most special acts of Assembly creating charters for the construction of railroads there are similar provisions. A charter is in the nature of a contract between the State and the company which is so incorporated. It is quite clear that no failure upon the part of the lessee of the corporation, which is no party to the contract, can in any way affect such contract. The forfeiture, if it arose, would be the consequence of the failure upon the part of the lessor, the corporation, and not of the lessee. No doubt, in most cases, covenants are introduced into the lease to protect the lessor against the consequences of neglect or failure upon the part of the lessee. With these covenants, however, the State has nothing to do. Apart from this technical view of the bill, which would make the legislation unnecessary, the propriety of the policy of the bill may well be questioned. Since a large proportion of the railroads constructed are no longer in the possession of the original companies, but have been leased to greater corporations, the result would be in this indirect manner to repeal all the laws, or most of them, both general and special, which provide for a forfeiture in the case of the abandonment of the road. As a general thing railroads when constructed extend through a considerable section of the country, their presence is an inconvenience to other land owners, and the law which provides that, when abandoned, their charters shall be forfeited, seems to be wise.

For these reasons the bill is not approved.

SAML. W. PENNYPACKER.

2

VETOES.

BILLS FILED IN THE OFFICE OF THE SECRETARY OF THE COMMONWEALTH BY THE GOVERNOR, WITH HIS OBJECTIONS THERETO, WITHIN THIRTY DAYS AFTER THE ADJOURNMENT OF THE LEGISLATURE ON THE 13th DAY OF APRIL, A. D. 1905.

No. 31.
AN ACT

To amend an act, entitled "An act to amend the forty-sixth section of an act, approved the thirteenth day of June, Anno Domini one thousand eight hundred and thirty-six, entitled 'An act relating to roads, highways and bridges,' authorizing the construction of bridges on the line of adjoining counties, or located within one-fourth of a mile from the county lines," approved the twenty-third day of April, Anno Domini one thousand nine hundred and

three.

Section 1. Be it enacted, &c., That the act of April twenty-third, one thousand nine hundred and three, entitled "An act to amend the forty-sixth section of an act, approved the thirteenth day of June, Anno Domini one thousand eight hundred and thirty-six, entitled 'An act relating to roads, highways and bridges,' authorizing the construction of bridges on the line of adjoining counties, or located within one-fourth of a mile from the county lines," which reads as follows:

"Section 46. Bridges over any river, creek or rivulet, being on the line of adjoining counties, or located within one-fourth of a mile therefrom, and necessary for the accommodation of the inhabitants of both counties, shall be authorized in the manner provided in the case of other county bridges, except that the court of quarter sessions of each county shall appoint three of the viewers, and that a report as aforesaid be made to the said courts, respectively, and that the said court shall, together with the grand juries and commissioners of the respective counties, in all other respects have and exercise a concurrent jurisdiction therein," be and the same is hereby amended so as to read as follows:

Section 46. Bridges over any river, creek or rivulet, being on the line of adjoining counties, or located within one-fourth of a mile

therefrom, and necessary for the accommodation of the inhabitants of both counties, shall be authorized in the manner provided in the case of other county bridges, except that the court of quarter sessions of each county shall appoint three of the viewers, and that a report as aforesaid be made to the said courts, respectively, and that the said courts shall, together with the grand juries and commissioners of the respective counties, in all other respects have and exercise a concurrent jurisdiction and discretion therein: Provided, however, That nothing herein contained shall prevent any county in this Commonwealth from erecting a bridge at any point wholly within the limits of said county, without any view or other proceedings whatsoever in any adjoining county.

Commonwealth of Pennsylvania,

Executive Department, Harrisburg, April 14, 1905.

I file herewith, in the Office of the Secretary of the Commonwealth, with my objections, House bill No. 73, entitled "An act to amend an act, entitled 'An act to amend the forty-sixth section of an act, approved the thirteenth day of June, Anno Domini one thousand eight hundred and thirty-six, entitled 'An act relating to roads, highways and bridges,' authorizing the construction of bridges on the line of adjoining counties, or located within one-fourth of a mile from the county lines,' approved the twenty-third day of April, Anno Domini one thousand nine hundred and three."

This bill is not approved, for the reason that the subject of the bill is not expressed in its title, as required by Article III, Section 3, of the Constitution.

SAML. W. PENNYPACKER.

No. 32.

AN ACT

Authorizing the Governor of the Commonwealth to correct the military record of A. O. Tinstman.

Whereas, the Fifty-fourth Pennsylvania Militia Regiment, known as an emergency regiment, was organized in one thousand eight hundred and sixty-three, just prior to the battle of Gettysburg, and that the said A. O. Tinstman was appointed and served as a captain in said regiment, commanding company "G," and as such was mustered out of the service, and paid off in such grade by the State; And whereas, there is no known record of any commissions being issued to the officers of said regiment, which should in justice be done; therefore,

Section 1. Be it enacted, &c., That the Governor of the Commonwealth be and is hereby authorized, upon satisfactory evidence that the statement set forth in the foregoing preamble are true, to issue a commission to the said A. O. Tinstman, reciting upon the face of said commission the facts as ascertained.

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