Mr. ELLIS. Mr. Chairman; I would like to ask the third class to which the gentleman (Mr. MacVeagh) referred.

Mr. MACVEAGH. I said the inspectorship of weights and measures and the protection from cheating.

spectorship of beef amount to? The gen tleman from Indiana (Mr. Harry White) goes for the direct exclusion of beef inspectors. I consider that so far as Allegheny is concerned, having a population of nearly three hundred thousand, it is a

Mr. MACVEAGH. The third is a class of inspectorships, I infer from what one of the gentlemen from Philadelphia said, to give currency to articles of merchandise, simply to fix the relative grade and rank of these commodities. The merchants here say that these no longer serve their purpose, but have merely served the purpose of a house of refuge for needy politicians. I know nothing about that. I do not even know what is allowed by law; but these distinctions seem to me to be broad enough between the two classes. I suppose, if that is so, the Convention will be ready enough to see the distinction. But unless I did know what the effect of the repeal of the law would be I would not vote for it. I would hesitate before repealing legislation en bloc in this matter. Such a clause as that would require a controversy as to particular offices, and the controversy would be whether it was an office called for by the public health and safety or not. We should endeavor to so fix the section that it would end all confusion of that kind and all controversy.

Mr. SAMUELA. PURVIANCE. Mr. Chairman: It strikes me we are carrying this prohibition a little too far. I cannot see the necessity of this section at all. I think, sir, that no abuse has arisen from these appointments by the Legislature of certain officers of this kind. However it may work in the city of Philadelphia, I believe my colleagues will all join me in saying that, so far as regards the city of Pittsburg and the county of Allegheny, the system has worked well. There has been no complaint about it; and, sir, to pass this section in its present shape would give rise to very considerable doubt as to its legal construction. Our courts would be called upon to determine what was for the public safety and for the public health. Why leave a question like this open to be determined by our courts? What is the inspectorship of flour? Does not that inspectorship relate to the public health and safety? Certainly it does; and no gentleman will say that it does not. Of course, then, it becomes a matter for judicial interpretation. What does an in

that their beef should at all times be inspected.

Mr. HARRY WHITE. Mr. Chairman: Allow me to state to the gentleman that I said I was opposed to the proposition for inspecting cattle yards-inspecting live stock.

Mr. S. A. PURVIANCE. Mr. Chairman: I know there are occasions when butchers of, perhaps, poor repute will go into a cattle yard, and there, perhaps, purchase a beef that has died from exhaustion, or from ill treatment, while on its way from the prairies to Pittsburg. When you require that all these things shall not be inspected, that is saying to the public that neither flour nor beef should be inspected. We have, also, in Western Pennsylvania, not confined to Pittsburg as a city-not within the municipal control-inspections of oil, and what are they? They are vastly important to the community for the purpose of preventing men from being defrauded of their rights. It is known that certain grades of petroleum are explosive and dangerous at a certain temperature, and sales are sometimes made of petroleum of that grade or that character. It is advisable to have persons for "inspectors of oil" who are skilled in the knowledge of this commodity, and who are able to deter, mine its quality and character; for suppose a case occurs where an investigation is desired as to damage resulting from such oil, these inspectors would be essential in order to fix the blaine where it belongs. They have inspectors of oil at Oil City, and at other places, and outside of the control of any municipality whatever. Mr. BAER. Mr. Chairman: I move that the committee now rise. It was not agreed to.

Mr. HEMPHILL. Mr. Chairman: Believing that the municipal authorities have all the power necessary to create boards of inspection, for the inspection of such articles as may endanger the public health or safety of the citizens of the municipality

Mr. STANTON. There is no power in the city except what comes from the Legislature.

Mr. HEMPHILL. They will be able to get it under general laws. I think,

sir, that such being the case, or that it could readily be made so by a general provision of the Legislature, applying to all cities alike, giving them the power to employ such officers for the health and safety of its citizens, I think the exception should be confined solely to an officer for supplying a correct standard of weights and measures, and I therefore offer the following, as a substitute, for insertion.

The CHAIRMAN. Does the gentleman (Mr. Hemphill) offer this as an amendment?

Mr. HEMPHILL. Yes, sir; as a substi

tute.

The CHAIRMAN. It may be read for information at this time; but it cannot be received, as there is an amendment to an amendment now pending.

The CLERK read:

"All offices for the weighing, gauging, measuring, culling or inspecting of merchandise, produce, manufacture or commodity whatever, are hereby abolished, and no such office shall hereafter be created by law; but nothing in this section contained shall affect the supplying of the public with correct standards of weights and measures.

The CHAIRMAN. The question is upon the amendment proposed by the gentleman from Philadelphia (Mr. Gowen.)

Mr. MINOR. Mr. Chairman: This section and the amendments will affect my own portion of the State very largely. I am free to say that abuses have been introduced in the Legislature, by way of special bills, that bore very hard indeed upon us, and we regard it as an almost unmitigated evil; yet I do not think that that is a sufficient reason for taking away all power as to the appointment of proper inspectors in cases where protection might be required. The benefits of such inspections as are necessary to be here provided for should not be confined to cities, but should extend to the country districts as well.

There are officers, such as inspectors of oil, inspectors of steam boilers and other inspectors, the greater portion of whom are entirely outside of cities, and must be governed by general acts and action, if they are to be governed at all. I think this section in its limitations goes too far entirely. I subscribe to the doctrine of the gentleman from Dauphin, (Mr. MacVeagh,) that if we make any restriction let us make it in this section, but to undertake to do away with all these officers

at a sweep would be to leave ourselves powerless against what may be a very serious evil. We are taking a leap in the dark. Let us not relieve ourselves of one grievance and then have occasion to grieve over another. Let the power be in the Legislature. We have been imposed upon, perhaps, more than any portion of the State by special bills, yet I am not in favor of taking away all power from the Legislature. Either vote down the section and leave the Legislature to act freely or leave it as it stands.

Mr. LANDIS. Mr. Chairman: The section as proposed to be adopted reads:

"The Legislature shall not create offices for the inspecting, weighing or gauging of any merchandise, live stock, produee, manufacture or commodity, except for the purpose of protecting public health and safety."

If it is desired to affect the public health and safety, does it not then follow that the Legislature shall appoint inspectors for inspecting and weighing merchandise, &c.? The very desire of the Committee on Legislation is defeated by the section as it now stands.

Mr. MACVEAGH. Mr. Chairman: I understand the distinction of the Committee on Legislation to be this: Suppose a cattle disease breaks out that requires a skilled inspector to ascertain whether the cattle or the meat is diseased; or, suppose the pork becomes diseased with trichinc spiralis, and it requires the services of an expert to save the public health, then the committee leave it to the Legislature to appoint an officer of that kind.

Mr. LANDIS. If that is so then the whole measure is unnecessary, and we had better vote it down.

Mr. BEEBE. Mr. Chairman: I offer this amendment

The CHAIRMAN. An amendment cannot now be received.

The question is on the amendment to the amendment proposed by the gentleman from Philadelphia, (Mr. Gowen,) to insert, after the word "commodity," these words, "and all such offices are hereby abolished."

Mr. DODD. Mr. Chairman: It is so near the hour of adjournment that I do not wish to take up the time of the committee, but I hope that the vote will not be taken on this to-day. My mind is somewhat unsettled in regard to it. It strikes me that it is an important matter, and there certainly is a misunderstanding about it. For instance, my friend from

Allegheny (Mr. J. W. F. White) asked the question whether the municipal authorities could create an office, provided it is not left to the Legislature. Certainly not. A municipal government is the creature of the Legislature. Whatever is prohibited to the Legislature is prohibited to the counties and cities. If we prohibit the Legislature from creating these offices no city or county could create them. The law is clearly laid down in "Cooley on Constitutional Limitations," which I have on my desk, and any gentleman who reads it will see that municipalities created by the Legislature cannot have a power which the Legislature itself has not got. Now, are we ready to give up these offices and say that we are not going to have any inspection of anything? I think the section, as it is before us, meets the case. They have all the power that they want under the general police regulations of the State for the general safety

of the community. I am not certain but what we had better leave it there as it is, and not encumber the Constitution with details.

Mr. ELLIS. Mr. Chairman: I move that the committee do now rise, report progress and ask leave to sit again.

It was agreed to. So the committee rose.

IN CONVENTION.

Mr. ARMSTRONG. Mr. President: The committee of the whole have had under consideration the articles submitted by the Committee on Legislation, and have directed me to report progress and ask leave to sit again.

Leave was granted the committee to sit to-morrow

Mr. RUSSELL. Mr. President: I move that the Convention do now adjourn. It was agreed to.

The Convention then, at two o'clock and forty-five minutes, adjourned.

TUESDAY, March 18, 1873.

The Convention met at ten o'clock A. M., the President, Hon. Wm. M. Meredith, in the Chair.

of the resolution.

I hope, therefore, the amendment to the amendment will be adopted.

The question being taken, the amend

PROHIBITION.

Mr. H. W. PALMER presented a petition from citizens of Luzerne county, praying

for the insertion in the Constitution of a

provision prohibitory of the sale of intoxicating liquors as a beverage, which was referred to the Committee on Legislation. Mr. FULTON presented a petition from citizens of Westmoreland county, praying for the insertion of a similar provision in the Constitution, which was referred to the Committee on Legislation.

PRINTING REPORTS OF COMMITTEES.

Mr. MACVEAGH presented the following resolution, which was twice read:

Resolved, That all the standing committees of this Convention be requested to present their reports in time, that the same may be printed before the adjournment of the Convention on the twentyeight instant.

Mr. MACVEAGH. I move to amend the resolution, by inserting the words, "excepting the Committees on Schedule and Revision and Adjustment."

Mr. BOWMAN. I move to amend the amendment, by excepting also the Committee on Constitutional Sanctions.

Mr. MACVEAGH. Mr. Chairman: I do not think it is desirable to accept this modification of the resolution, unless some reason can be shown for its necessity. The object of this resolution is that these reports of the standing committees shall all be printed, in order that we may be

able to take them home when the Convention takes a recess, excepting those committeess which cannot report until the final work of the Convention is completed. Mr. BOWMAN. Mr. Chairman: The Committee on Constitutional Sanctions have not made their report as yet, and I do not think they will be able to report in time to comply with the requirements

to.

The question being taken on the amendment, it was agreed to.

lution, and it was agreed to. The question then recurred on the reso

Mr. J. M. WETHERILL offered the fol

lowing resolution, which was twice read:

Resolved, That the Committee on Printing be directed to have printed a sufficient number of the reports of the committees, that each person and member of the Convention may be furnished with three copies.

Mr. KAINE. Mr Chairman; It has not been long since a resolution was passed by the Convention, requiring three hundred copies of the reports of the various committees to be printed for the use of the members. I apprehend that this is a sufficient number.

Mr. J. M. WETHERILL. Mr. Chairman:

I desire to remark that sometime ago made an application to the Sergeant-atArms for additional copies of some bills which had been printed, and I was informed that they had all been distributed. I think, especially as the Convention will adjourn in a short time, that a sufficient number of the reports of the committee should be printed in order to furnish all the members with copies. They are not only useful for reference for ourselves, but for distribution among our friends. I hope, therefore, that the resolution will

pass.

The question being taken, the resolution was not agreed to.

THE ORDER OF BUSINESS.

The CHAIRMAN. The Chair will state that if it is the desire of the Convention to proceed to the consideration of the report of the Committee on Legislation, a motion will be necessary. The Chair mentions this fact because the orders of the Couvention have become so numerous that the time of the Convention is un