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full stenographic notes of the testimony in all proceedings in any trial of facts, together with the judge's charge, and together also with every ruling, order and remark of the judge, relating to the case upon the trial, made in the presence and hearing of the jury in any stage of the proceedings, to which either party may except in the same manner and with the same effect as is now practiced in relation to the judge's charge; said notes shall be deemed and held to be official and the best authority in any manner of dispute, and a copy of the same made and filed, as hereinafter provided, or a copy of the same duly certified by the clerk or prothonotary of the court, under the seal of the court, shall be used by the parties to a cause in any further proceedings, whenever the use of the same may be required," be and is hereby amended so as to read as follows:

Section 3. The stenographer or stenographers so appointed shall be competent in the practice of his, her or their art, and shall duly qualify under oath to perform his, her or their duties with fidelity. It shall be the duty of said stenographer or stenographers, in all civil cases in said civil courts, and also in said criminal courts, when requested in criminal cases by the trial judge, the Commonwealth, or any defendant or defendants, to take full stenographic notes of the testimony in all proceedings in any trials of facts, together with judge's charge, and together, also, with every ruling, order and remark of the judge, relating to the case upon the trial, made in the presence and hearing of the jury, in any stage of the proceedings, to which either party may except, in the same manner and with the same effect as is now practiced in relation to the judge's charge; said notes shall be deemed and held to be official and the best authority in any manner of dispute, and a copy of the same made and filed as hereinafter provided, or a copy of the same duly certified by the clerk or prothonotary of the court, under the seal of the court, shall be used by the parties to a cause in any further proceedings, whenever the use of the same may be required.

Commonwealth of Pennsylvania,

Executive Department, Harrisburg, April 19, 1905.

I file herewith in the office of the Secretary of the Commonwealth, with my objections, Senate bill No. 76, entitled “An act to amend sections two and three of an act, entitled 'An act directing the appointment of official stenographers in the several civil courts .of this Commonwealth; authorizing the appointment of official stenographers in the several courts of oyer and terminer and general jail delivery and courts of quarter sessions of the peace of this Commonwealth; authorizing the appointment of stenographers by examiners, masters, referees, commissioners and auditors; authorizing the appointment of assistant stenographers; repealing 'An act to authorize the appointment of stenographers in the several courts of this Commonwealth, prescribing their duties and fixing their compensation,' approved May fifteenth, one thousand eight hundred and seventy-four; repealing 'An act to authorize the appointment of stenographers in the several courts of this Commonwealth, prescribing their duties and fixing their compensation,' approved May eighth, one thousand eight hundred and seventy-six,

and repealing 'An act defining the duty of court stenographers in the several counties of this State,' approved June tenth, one thousand eight hundred and eighty-one,' approved the twenty-fourth day of May, one thousand eight hundred and eighty-seven.'"

The subject of the proposed amendments is nowhere expressed in the title, as required by Article III, Section 3, of the Constitution.

For this reason the bill is not approved.

SAML. W. PENNYPACKER.

No. 51.

AN ACT

To further amend section two of an act, entitled "An act to amend an act, entitled 'An act supplementary to the acts regulating hawkers and peddlers,' approved the sixteenth day of April, Anno Domini one thousand eight hundred and forty," by providing that citizens of this Commonwealth may, without being licensed, vend and sell by hawking and peddling goods of their own manufacture.

Section 1. Be it enacted, &c., That section two of an act, entitled "An act supplementary to the acts regulating hawkers and peddlers," approved the sixteenth day of April, one thousand eight hundred and forty, which reads as follows, namely:

"And if any person, not being licensed as aforesaid (except such whose licenses have or may not be expired), shall be found hawking, peddling or traveling from place to place, through any part of this State, to sell or expose for sale any foreign goods, wares or merchandise, every person so offending against this act shall be liable to a fine of fifty dollars, or, being so qualified by the license, shall refuse on request of any citizens of this State to show his license, every person so offending shall be liable to a fine of twenty dollars, to be recovered and applied in the same manner as is provided for by an act for regulating hawkers and peddlers, and its several supplements, passed the thirtieth day of March, seventeen hundred and eighty-four: Provided, That this act shall not be construed to prevent citizens of this Commonwealth from hawking and peddling goods of their own manufacture," be and is hereby further amended so that the said section two shall read as follows, namely:

And if any person, not being licensed as aforesaid, except such whose licenses have or may not yet be expired, shall be found hawking, peddling or traveling from place to place, through any part of this State, to sell or expose for sale any foreign or domestic goods, wares or merchandise, every person so offending against this act shall be liable to a fine of fifty dollars, or, being so qualified by the license, shall refuse on request of any citizen of this State to show his license, every person so offending shall be liable to a fine of twenty dollars, to be recovered and applied in the same manner as is provided for by the act for regulating hawkers and peddlers, and its several supplements, passed the thirtieth day of March, one thousand seven hundred and eighty-four: Provided, That it shall be lawful for citizens of this Commonwealth to vend and sell, by themselves and by their authorized agents, in any county in this Com

monwealth, by hawking and peddling any goods of their own manufacture, without being licensed as aforesaid, notwithstanding any acts or parts of acts heretofore enacted to the contrary.

Commonwealth of Pennsylvania,

Executive Department, Harrisburg, April 19, 1905.

I file herewith, in the office of the Secretary of the Commonwealth, with my objections, Senate bill No. 139, entitled "An act to further amend section two of an act, entitled 'An act to amend an act, entitled 'An act supplementary to the acts regulating hawkers and peddlers,' approved the sixteenth day of April, Anno Domini one thousand eight hundred and forty,' by providing that citizens of this Commonwealth may, without being licensed, vend and sell by hawking and peddling goods of their own manufacture."

A law containing similar provisions was held in Commonwealth against Simons, 15th County Court Reports, page 550, to be in violation of the Constitution of the United States, and, therefore, invalid.

For this reason the bill is not approved.

SAML. W. PENNYPACKER.

No. 52.
AN ACT

To provide for the licensing by the Department of Public Health and Charities, in cities of the first class, of any person, other than an institution duly incorporated for the purpose, who takes into custody for hire or reward a child or children under the age of three years; empowering the said Department to provide regulation and inspection for the same, and imposing a penalty.

Section 1. Be it enacted, &c., That any person, other than an institution duly incorporated for the purpose, who shall, in cities of the first class, take into his custody, for hire or reward, a child or children under the age of three years, without having first obtained a license, in writing, so to do from the Department of Public Health and Charities of the city wherein such children are taken into custody, or who, having obtained such a license, shall, after notice of its revocation, continue for more than six days to keep two or more such children in custody, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding one year, either or both.

Section 2. The Department of Public Health and Charities of cities of the first class may grant such licenses, after proper investigation, for a term not exceeding one year. Each license shall state the name of the licensee, the particular premises in which the children may be kept in custody, the number of infants which may be kept there at one time, and shall require that the license be posted in a conspicuous place on the licensed premises. No greater num ber of infants shall be kept at one time on the premises than is authorized by the license, and no infant shall be kept in a building or

place not designated in the license. A record of licenses issued shall be kept by the said Department of Public Health and Charities.

Section 3. The Department of Public Health and Charities of cities of the first class may revoke such licenses, in its discretion, and shall note such revocation on the face of the record thereof. The said Department shall give written notice of such revocation to the licensee, by delivering the notice to him in person or by leaving it on the licensee's premises.

Section 4. The said Department of Public Health and Charities shall annually, and may at any time, visit and inspect, or designate a person to visit and inspect, premises so licensed.

Section 5. Every such licensee shall keep a record, in a form to be prescribed by the said Department of Public Health and Charities, of every infant received, the date of its reception; its name, age, sex, color, the name and address of the person from whom it was received, and of its parents, the date of its discharge, and the name and address of the person to whom it was delivered upon discharge. Notice of the reception of every such infant, together with the foregoing details, shall be forwarded within twenty-four hours to the Department by the licensee, and a similar detailed notice of the discharge shall be forwarded to the Department by every licensee, and by every person whose license shall have been revoked, and said Department shall preserve a record of said notices and details.

Section 6. Failure to give notice required by section fivé, or refusal to give information upon request of said Department, or refusal to admit its authorized representatives at any and all times to the licensed premises, shall constitute a misdemeanor, punishable by not more than one hundred dollars fine or by imprisonment for a term not exceeding one year, either or both.

Section 7. Provided, That this act shall not repeal any law or laws relating to the adoption of children by petition to the several courts of the Commonwealth. But all other laws or parts of laws inconsistent herewith are hereby repealed.

Commonwealth of Pennsylvania,

Executive Department, Harrisburg, April 19, 1905.

I file herewith, in the office of the Secretary of the Commonwealth, with my objections, Senate bill No. 261, entitled “An act to provide for the licensing by the Department of Public Health and Charities, in cities of the first class, of any person, other than an institution duly incorporated for the purpose, who takes into custody for hire or reward a child or children under the age of three years, empowering the said Department to provide regulation and inspection for the same, and imposing a penalty."

This bill provides that any person, "who shall, in cities of the first class, take into his custody, for hire or reward, a child or children under the age of three years," without having first obtained a license, in writing, from the Department of Public Health and Charities, shall be guilty of a misdemeanor, punishable with imprisonment for a year. This bill, no doubt, has a worthy purpose, which it is intended to serve; but this purpose is not sufficiently defined.

The terms in which the bill is drawn would prevent a mother from entrusting a child to a nurse, or from sending it out to the park with a servant. The custody of a child may be given by the parents to other persons for many purposes besides that which is known in popular parlance as "baby farming."

For these reasons the bill is not approved.

SAML. W. PENNYPACKER.

No. 53.

AN ACT

To regulate hawking, peddling and vending in townships of the first class; empowering the commissioners thereof to grant licenses therefor, and to fix by ordinance the amount to be paid for such license, and authorizing and imposing fines, penalties and punishments for violations thereof.

Section 1. Be it enacted, &c., That it shall be unlawful for any person to hawk, peddle or vend upon the highways, streets, lanes, alleys, avenues or roads of any township of the first class within this Commonwealth any meat, fish, fruit, produce, vegetables or merchandise, without having first taken out a license therefor as hereinafter provided.

Section 2. The Commissioners of townships of the first class, after the passage of this act, shall be empowered and shall be required to fix by ordinance the amount to be paid for such license, and the time the same shall be granted for, and prescribe and regulate the payment thereof into the treasury of such townships.

Section 3. If any person shall go from place to place to sell or expose for sale any such articles, within the limits of any township of the first class, without a license so to do being by him first obtained therefor, such person shall forfeit and pay the sum of ten dollars ($10). Any justice of the peace within the township, on view, or the information or complaint on oath or affirmation of any other person, shall, and in either case is hereby enjoined to, proceed in a summary way against any such person so offending, to conviction; and in default of immediate payment of said forfeiture, to commit him to the common jail of said county, in which such township is situate, there to be detained until disharged by due course of law.

Section 4. Nothing herein contained shall be construed so as to prevent any citizen of this Commonwealth from hawking, peddling or vending the products of his, her or their farm, garden or dairy, or of goods, wares and merchandise of their own manufacture.

Commonwealth of Pennsylvania,

Executive Department, Harrisburg, April 19, 1905.

I file herewith, in the office of the Secretary of the Commonwealth, with my objections, Senate bill No. 388, entitled "An act to regulate hawking, peddling and vending in townships of the first class; empowering the commissioners thereof to grant licenses therefor, and to fix by ordinance the amount to be paid for such li

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