cense, and authorizing and imposing fines, penalties and punishments for violations thereof." 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. 54. AN ACT To empower cities of this Commonwealth owning and operating waterworks systems, and having supply mains passing through or reaching any township, borough or suburban territory within this Commonwealth, to sell water to such incorporated district and to any water company or companies chartered to do business in any such territory. Section 1. Be it enacted, &c., That any city of the State of Pennsylvania, owning and operating water-works systems, and having supply mains passing through or reaching any township, borough or suburban territory within the Commonwealth, be and is hereby authorized and empowered to sell water to such incorporated district and to any water company or companies chartered to do business in any such territory, at such prices and upon such terms and conditions as may be agreed upon between the water commissioners or councils having control of such works and such chartered water company or companies. Section 2. That any agreements heretofore made, as herein provided, be and the same are hereby ratified and confirmed. Commonwealth of Pennsylvania, Executive Department, Harrisburg, April 20, 1905. I file herewith, in the office of the Secretary of the Commonwealth, with my objections, Senate bill No. 68, entitled “An act to empower cities of this Commonwealth owning and operating waterworks systems, and having supply mains passing through or reaching any township, borough or suburban territory within this Commonwealth, to sell water to such incorporated district and to any water company or companies chartered to do business in any such territory." This bill provides that any city of the Commonwealth owning waterworks, and having supply mains passing through or reaching any township, borough or suburban territory is authorized "to sell water to such incorporated district and to any water company or companies chartered to do business in any such territory." If the power had been limited to selling water to the township, borough or other municipality, it might well be permitted, but the power goes further and authorizes a sale to private water companies. At the present session of the Legislature, a law was enacted taking away the right of eminent domain from these corporations. To permit such municipalities as have the right to secure the waters of the Commonwealth by the exercise of eminent domain to sell to the water companies, would be indirectly to renew the difficulties which this act was intended to obviate. To permit municipalities to enter into the business of selling water to outsiders for a consideration-in other words to engage in business-would be to allow them to do something outside of their functions. Grants of such authority ought to be made only with the utmost care. The duty of providing for the water-supply for its citizens ought to be performed by the city, and the rights granted to it for that purpose ought not to be bartered away. For these reasons the bill is not approved. SAML. W. PENNYPACKER. No. 55. AN ACT To provide for the election of school-directors, in the several boroughs of this Commonwealth which are divided into wards, by wards. Section 1. Be it enacted, &c., That in all boroughs in this Commonwealth, which are now or hereafter shall be divided into wards, the school-directors shall be elected by the electors of the respective wards, and not at large, and shall be residents of the ward from which they are elected. The number of school-directors to be elected from each ward, in any borough falling within the provisions of this act, shall be ascertained by dividing the whole number of school-directors, in the respective borough, by the number of wards comprising said borough: Provided, That the number of school-directors to be elected from each ward may be increased or diminished by the court, in the manner now provided by existing laws. Section 2. That in all boroughs in this Commonwealth, falling under the provisions of section one of this act, in which the schooldirectors are now elected at large, the qualified voters of each ward in said borough shall, on the third Tuesday of February, one thousand nine hundred and six, elect as many school-directors as the ward is entitled to, under the provisions of the first section of this act. The terms of office of all of said directors shall commence at the beginning of the school year first succeeding their election, and shall expire according to the terms of section three of this act. Section 3. Immediately proceeding the organization of any schoolboard, members of which are elected in pursuance of section two of this act, the members of said school-board, elected according to the provisions of this act, shall proceed by lot to divide the wards of their borough into three classes. Those directors elected from wards of the first class shall serve for one year, those directors elected from wards of the second class shall serve for two years, and those directors elected from wards of the third class shall serve for three years. One the third Tuesday of February, one thousand nine hundred and seven, and every three years thereafter, the qual ified voters of each of the wards in the first class shall elect school directors, for said wards, for the term of three years; and on the third Tuesday of February, one thousand nine hundred and eight, and every three years thereafter, the qualified voters of each of the wards of the second class shall elect school-directors, for said wards, for the term of three years; and on the third Tuesday of February, one thousand nine hundred and nine, and every three years thereafter, the qualified voters of each of the wards in the third class shall elect school-directors, for the said wards, for the term of three years. Section 4. The school-directors in office under existing laws, at the first election of borough officers next succeeding the passage of this act, shall act jointly with the school-directors who are elected under the provisions hereof, until the expiration of the term of office of the said school-directors then in office; but after their places have become vacant, either by lapse of time or otherwise, their places shall not again be filled, and the office henceforth shall be at an end. Section 5. This act shall apply to every borough, in this Commonwealth, falling under the provisions of the first section of this act, whether the said borough is now governed by general or special acts of Assembly; and all acts or parts of acts, whether general or special, inconsistent herewith, are hereby repealed. Commonwealth of Pennsylvania, Executive Department, Harrisburg, April 20, 1905. I file herewith, in the office of the Secretary of the Commonwealth, with my objections, Senate bill No. 180, entitled "An act to provide for the election of school-directors in the several boroughs of this Commonwealth which are divided into wards, by wards." The purpose of this bill is to provide that in all boroughs of the Commonwealth which are divided into wards, the school-directors shall be elected by the electors of the different wards, and not by the electors of the borough at large. The plan proposed does not appear to have been thought out, in the preparation of the bill, to its conclusions, and would probably lead to difficulties. It is directed that "the number of school-directors to be elected from each ward, in any borough falling within the provisions of this act, shall be ascertained by dividing the whole number of school-directors, in the respective borough, by the number of wards comprising said borough." Since, however, there are no means of knowing how many wards there may be in a borough, it is impossible to say that the number of school-directors in the borough could be divided evenly by the number of wards, and no arrangement is made for the disposition of those school-directors left over where there cannot be such an equal division. Moreover, the number of wards in a borough is by no means fixed. Boroughs are apt to increase in size, and, where they are prosperous, new wards are likely to be created. The effect of adding a new ward to a borough would be to upset the whole system. A more simple and a more feasible plan would be to pass an act providing that each ward in the borough shall have a definite number of school directors. In carrying out the proposed plan, section three provides, "the members of the school-board, elected according to the provisions of this act, shall proceed by lot to divide the wards of their borough into three classes," and then it directs that the directors in the wards of the first class shall be elected to serve one year, in those of the second class to serve two years, and in those of the third class to serve three years. We have here an attempt at the classification of wards, but there is no designation of the basis of the classification. They might be classified according to locality, to population, or according to number, and in many other ways which may be supposed. Probably it is intended that they should be classified according to number; but, if this be the thought, it is not expressed. It might also be found difficult to divide the wards equally into three classes. In many cases it would happen that they could not be so divided, and the bill provides no means for the adjustment of this difficulty. For these reasons the bill is not approved. SAML. W. PENNYPACKER. No. 56. To amend an act, entitled "An act relating to husband and wife who are the parents of minor children, enlarging and extending the power, control and authority of the mother over their minor children, under certain circumstances, approved the twenty-sixth day of June, one thousand eight hundred and ninety-five. Section 1. Be it enacted, &c., That an act, entitled "An act relating to husband and wife who are the parents of minor children, enlarging and extending the power, control and authority of the mother over their minor children, under certain circumstances," which reads as follows: "Section 1. That hereafter a married woman, who is the mother of a minor child and who contributes by the fruits of her own labor or otherwise toward the support, maintenance and education of her said minor child, shall have the same and equal power, control and authority over her said child and shall have the same and equal right to its custody and services as is now by law possessed by her husband, who is the father of such minor child: Provided, however, That the mother of such minor child is otherwise qualified as a fit and proper person to have the control and custody of said child. "Section 2. That in all cases of dispute between the father and mother of such minor child, as to which parent shall be entitled to its custody or services, the judges of the courts shall decide, in their sound discretion, as to which parent, if either, the custody of such minor child shall be committed, and shall remand such child accordingly, regard first being had to the fitness of such parent and the best interest and permanent welfare of said child," be and the same is hereby amended so as to read as follows: Section 1. A married woman, who is the mother of a minor child, and who shall have obtained a decree of divorce against her husband, the father of such child, or shall have separted from him for causes which would justify a decree in divorce, and who shall be able properly to maintain and educate her said children, shall, so long as she shall not remarry, have the same and equal right to its custody and services as the father of such minor child: Provided, however, That the mother of such child is a fit and proper person to have the control and custody of said child, and that it is for the best interests and permanent welfare of such minor child that it should be awarded to her. Section 2. In all cases of dispute between the father and mother of such minor child, as to which parent, if either, shall be entitled to its custody and services, the judges of the courts shall, in the exercise of a sound discretion, regard being first had to the best interests and permanent welfare of said child, decide whether such child should be committed to the custody of either parent, and if so, to which parent, and if to neither parent, to whom such minor child should be committed; and to remand such child accordingly: Provided, however, That if by such order the child shall be committed to the custody of its mother, and she shall thereafter remarry during the minority of such child, then the court may, upon a proper application, reconsider the question of the custody of such child, and make such order as to its custody as may seem to the judges of the courts for its best interests and permanent welfare, notwithstanding any former order or decree in respect thereto. Commonwealth of Pennsylvania, Executive Department, Harrisburg, April 21, 1905. I file herewith, in the office of the Secretary of the Commonwealth, with my objections, Senate bill No. 41, entitled "An act to amend an act, entitled 'An act relating to husband and wife who are the parents of minor children, enlarging and extending the power, control and authority of the mother over their minor children, under certain circumstances,' approved the twenty-sixth day of June, one thousand eight hundred and ninety-five.” The purpose to be accomplished by the proposed amendment is not set forth in the title, as required by Article III, Section 3, of the Constitution. The omission is the less to be regretted, because of the fact that the existing law is safer than would be the proposed amendment. The statute which it is proposed to amend gives the custody of the minor child to the parent who may be selected by the judges of the courts, in the exercise of their sound discretion. The proposed amendment would give to both parents an "equal right to its custody and services." Under these circumstances the difficulties of division would be very great. For these reasons the bill is not approved. SAML. W. PENNYPACKER. No. 57. To exempt cash registers, leased or hired, from levy or sale on execution or distress for rent. Section 1. Be it enacted, &c., That hereafter all cash registers, leased or hired by any person or persons residing in this Common |