the judgment of any justice of the peace or alderman against such municipality, and to become a party to such suit." This bill provides that in all cases where a judgment shall be rendered by any justice of the peace or alderman against any township, borough or school-district, where by existing laws the right of appeal is given to the municipality, any tax-payer of the township, borough or school-district may appeal in behalf of the municipality "if for a period of days, immediately after the rendition of the judgment, the proper municipal officials neglect or refuse to take and perfect such appeal, and file the same in said court." No doubt there is an evil existing somewhere in the Commonwealth, which this bill is intended to remedy. The principle invoked is of dubious merit, since it proposes to take the authority away from the proper municipal officials, in whom it has been vested by the people, and give it to any tax-payer, who may be irresponsible or even malicious. It would certainly lead to confusion of administration. The bill must, however, in any event, be disapproved for another reason. It was manifestly intended that a certain number of days. should be permitted to intervene after the rendition of the judg ment, during which the officials should have the opportunity to take an appeal, if they should consider it necessary. By some oversight a word has been omitted before the word "days," and, therefore, the intended period of time is not defined. For this reason the bill is not approved.. SAML. W. PENNYPACKER. No. 42. To amend section one of an act, entitled "An act to prevent the opening of streets or public roads through burial-grounds, and for the protection of cemeteries and graveyards," approved April fifth, one thousand eight hundred and forty-nine. Section 1. Be it enacted, &c., That section one of an act, entitled "An act to prevent the opening of streets or public roads through burial-grounds, and for the protection of cemeteries and graveyards," approved April fifth, one thousand eight hundred forty-nine, which reads as follows: "Section 1. Be it enacted, &c., That it shall not be lawful to open any street, lane, alley or public road through any burial-ground or cemetery within this Commonwealth, any laws heretofore passed to the contrary, notwithstanding: Provided, That this section shall not extend to the city and county of Philadelphia," be and the same is hereby amended to read as follows: Section 1. Be it enacted, &c., That it shall not be lawful to open any street, lane, alley or public road through any burial-ground or cemetery within this Commonwealth, any laws heretofore passed to the contrary, notwithstanding: Provided, That this section shall not extend to the city and county of Philadelphia: Provided also, That where any street, lane, alley or public road, in actual and continuous use, bounds or adjoins a cemetery, such lane, alley or public road may be widened according to law, as in other cases. Commonwealth of Pennsylvania, Executive Department, Harrisburg, April 19, 1905. I file herewith in the Office of the Secretary of the Commonwealth, with my objections, House bill No. 419, entitled "An act to amend section one of an act, entitled 'An act to prevent the opening of streets or public roads through burial-grounds, and for the protection of cemeteries and graveyards,' approved April fifth, one thousand eight hundred forty-nine." This bill appears to be unnecessary. It was held in effect, in the case of in re. Twenty-second Street (102 Pennsylvania, page 108), that the act which the bill proposes to amend has been repealed by the act of June 8, 1881 (P. L., 68). The authority which the bill proposes to give has apparently already been granted by the act of 1881. For this reason the bill is not approved.. SAML. W. PENNYPACKER. No. 43. To grant a pension to Charles J. Taylor, late of B company, Tenth regiment, National Guard of Pennsylvania. Whereas, Charles J. Taylor, a private in B company, Tenth regiment of the National Guard of Pennsylvania, while in the line of duty at Homestead, in Allegheny county, under the call of the Governor of this Commonwealth, between the eleventh day of July, one thousand eight hundred and ninety-two, and the tenth day of of August, one thousand eight hundred and ninety-two, at Homestead, did incur, as the consequence of exposure to heavy rains and cold nights, such permanent physical disabilities as greatly and almost totally disqualifying him from obtaining a living by manual labor; therefore, Section 1. Be it enacted, &c., That the State Treasurer be authorized and directed to place the name of Charles J. Taylor, late a private in B company, Tenth regiment of the National Guard of Pennsylvania, on the pension rolls of this Commonwealth, and to pay him in semiannual installments, out of any money in the Treasury not otherwise appropriated, an annuity of ninety-six dollars, so long as said disability continues, the same to be computed from the first day of January, Anno Domini one thousand eight hundred and ninety-two. Commonwealth of Pennsylvania, Executive Department, Harrisburg, April 19, 1905. I file herewith in the office of the Secretary of the Commonwealth, with my objections, House bill No. 490, entitled "An act to grant a pension to Charles J. Taylor, late of B company, Tenth regiment, National Guard of Pennsylvania." For reasons given in the cases of the applications of George S. Granger, March 20, 1903 (see Vetoes, page 11), and of Thomas W. Young, March 27, 1903 (see Vetoes, page 17), and numerous other cases, this bill is not approved. If such pensions are to be granted, it ought to be done by some general legislation providing for the ascertainment of the facts and determining the sums to be paid. SAML. W. PENNYPACKER. No. 44. AN ACT Granting a pension to Edwin Hatch, of Erie county, father of the late Ryland Hatch, who died in military service of the state during the riots of one thousand eight hundred and seventy-seven, while a member of Company A, Seventeenth regiment infantry, National Guard of Pennsylvania. Whereas, Ryland Hatch, a private soldier in Company A, commanded by Captain Isaac B. Brown, of the Seventeenth Regiment Infantry, National Guard of Pennsylvania, died in the service of the State, on the third day of August, one thousand eight hundred and seventy-seven, as a result of exposure and fatigue, in a forced march from Corry to Franklin, Pennsylvania, and also from exposure at Pittsburg, while in the service of the State, in obedience to military orders by the Governor; and Whereas, The said Ryland Hatch was the only support and dependence of his father, Edwin Hatch, who from physical disability was unable to maintain himself, and who is now in very destitute and needy circumstances, having no home nor any means of support, and relying entirely upon the charity of others; and Whereas, A gratuity of two hundred dollars was given to the said Edwin Hatch, on account of the death of his son Ryland Hatch, as appears by the act of Assembly of one thousand eight hundred and seventy-nine (Pamphlet Laws page one hundred and eighty-four); therefore, Section 1. Be it enacted, &c., That the State Treasurer be and he is hereby authorized and required to pay, out of any money in the State Treasury not otherwise appropriated, a quarterly payment of twenty-four dollars as a pension to the said Edwin Hatch, on account of the death of his son in the service of the State, as aforesaid; said pension to continue during the remainder of the life of the said Edwin Hatch, and to be paid on warrant of the Auditor General, in the usual form; said pension to commence from the date of the approval of this act. Commonwealth of Pennsylvania, Executive Department, Harrisburg, April 19, 1905. I file herewith in the office of the Secretary of the Commonwealth, with my objections, House bill No. 435, entitled "An act granting a pension to Edwin Hatch, of Erie county, father of the late Ryland Hatch, who died in military service of the State, during the riots of one thousand eight hundred and seventy-seven, while a member of Company A, Seventeenth Regiment, Infantry, National Guard of Pennsylvania." For the reasons which are set forth in the message accompanying House bill No. 490, this bill is not approved. SAML. W. PENNYPACKER. No. 45. AN ACT Granting a pension to Charles H. Knox, of Philadelphia county, Pennsylvania, late of Independent Regiment, Pennsylvania Volunteer Cavalry, "Emergency Men of One Thousand Eight Hundred and Sixty-three." Whereas, Charles H. Knox, a private in Independent Regiment, Pennsylvania Volunteer Cavalry, "Emergency Men of one thousand eight hundred and sixty-three," mustered into the service of the State of Pennsylvania July second, Anno Domini one thousand eight hundred and sixty-three, and served in such capacity until Septem; ber sixteenth, Anno Domini one thousand eight hundred and sixtythree; And whereas, By reason of advanced age and nearly total loss of eyesight, he is nearly incapacitated for the performance of manual labor, and, having no property, is devoid of means of support; And whereas, By reason of the length of the term of his service, no pension can be granted him under the existing laws of the United States, therefore: Section 1. Be it enacted, &c., That the State Treasurer is hereby directed to pay, out of any moneys appropriated for the payments of pensions, or out of any moneys in the Treasury not otherwise appropriated, to the said Charles H. Knox, of Philadelphia county, State of Pennsylvania, a monthly pension, during life, of twelve dollars, commencing on January first, Anno Domini one thousand nine hundred and five. Commonwealth of Pennsylvania, I file herewith in the office of the Secretary of the Common wealth, with my objections, House bill No. 244, entitled "An act granting a pension to Charles H. Knox, of Philadelphia county, Pennsylvania, late of Independent Regiment Pennsylvania Volunteer Cavalry "Emergency Men of Ono Thousand Eight Hundred and Sixty-three." For the reasons which are set forth in the message accompanying House bill No. 490, this bill is not approved. SAML. W. PENNYPACKER. No. 46. AN ACT For the relief of Captain Alexander Wishart; providing for his reimbursement for moneys expended in maintaining Company K, Eighth Regiment, Pennsylvania Reserve Volunteer Corps, in the year one thousand eight hundred and sixty-one, and making an appropriation therefor. Whereas, On the twentieth day of April, one thousand eight hundred and sixty-one, Alexander Wishart, of the borough of Washington, in Washington county, Pennsylvania, organized a company which afterwards became Company K, Eighth Regiment, Pennsylvania Volunteer Reserve Corps, of which company the said Alexander Wishart was subsequently commissioned by the Governor of Pennsylvania as Captain, the commission to date from the day aforesaid; And whereas, On April twenty-second, one thousand eight hundred and sixty-one, after tendering to the Governor of Pennsylvania the services of said company, the said Captain Wishart was directed by the Governor to hold the said company together, in readiness to enter into the service of the Commonwealth of Pennsylvania; in pursuance of which direction the said Captain Wishart did hold together, and drill the said company at Washington, Pennsylvania, furnishing to members thereof at his own expense necessary boarding, maintenance and clothing, from the date last aforesaid until the fifth day of June, one thousand eight hundred and sixty-one, at which latter date the said company, in accordance with orders received by authority of the Governor, proceeded to Camp Wright, in Allegheny county, Pennsylvania, and thereafter continued in the service of the State of Pennsylvania until mustered into the service of the United States, in July of the same year; And whereas, In the year one thousand eight hundred and sixtytwo or one thousand eight hundred and sixty-three, the said Alexander Wishart presented and filed with the Auditor General of Pennsylvania a claim for reimbursement of the expense, so as aforesaid incurred, for the maintenance of the said company prior to June fifth, one thousand eight hundred and sixty-one, together with an itemized account thereof, exhibiting expenditures for the purpose aforesaid aggregating more than nine hundred dollars, accompanied by vouchers therefor, which papers have been lost or destroyed, and no part of the said claim has been paid; therefore, Section 1. Be it enacted, &c., That the Auditor General is hereby authorized and directed to compromise and settle the aforesaid claim of Captain Alexander Wishart, at and for the sum of nine hundred dollars; and upon the acceptance of such compromised by the said Alexander Wishart, and the execution and delivery by him of a proper release of said claim, to draw a warrant upon the State Treasurer for the sum of nine hundred dollars, in favor of the said Alexander Wishart, in payment of said claim. The sum of nine hundred dollars is hereby appropriated for that purpose; this appropriation to revert to the State Treasury if said compromise be not accepted, as aforesaid, on or before the close of the fiscal year commencing June first, one thousand nine hundred and five. |