The government of the state of Pennsylvania, including local government

Preface

An act of the General Assembly of Pennsylvania, approved May 21, 1 90 1, provided "That after the first Monday of June, one thousand nine hundred and two, no teacher in this Commonwealth shall receive from a county, city, or borough superintendent, a certificate as a teacher who has

not a fair knowledge of civil government,

including State and local " This act had the

effect, indirectly, of placing civil government in the curriculum of most of the schools. The act also gave due prominence to the study of State and local government, the study of which was too often neglected, viewed briefly and hurriedly, or overshadowed by a disproportionate discussion of national government or foreign governments.

The study of the national government is in no wise complete without a proportional study of State and local government, since these are after all but a part of the general system of national government. State and local government are as rich in detail as national government is; and it is this fact that renders it a difficult matter to write a textbook on State and local government presenting the essential facts, conditions, and principles without making it too cumbrous. It is the object of this textbook to place the study of State and local government in its proper rank by a more extensive discussion than is usually accorded to this department of civics, but at the same time an endeavor has been made to confine these discussions within moderate compass.

C. L. Gruber Keystone State Normal School

Contents

PAGI

State Government y

Introduction 7

Appendix to State Government . . . 135

County Government 141

Township Government 161

Townships of the Second Class . . .163 Townships of the First Class 172

Borough Government . • & ■ . .175

City Government . * * * * . .179

STATE GOVERNMENT

Introduction

A State of the United States. A State is the largest political division of the United States. It has a distinct government of its own established by the people of the State. The first thirteen States of the United States had their origin in the thirteen colonies established by England in this country. Most of the other States had been organized as Territories before their admission into the union. In the United States a State is more distinctly a political organization and at the same time more definitely a member of the union and a part of the national government than in any other nation of the world.

Relation of a State to the Nation. The States are subordinate and inferior to the nation. They can transact no affairs which are strictly national and the Constitution of the United States and laws passed by Congress place other matters beyond the control of the States. In the management of their individual affairs, however, there is very little national interference. In the internal government of the country, the preservation of order and the administration of the law, the State really bears by far the greater portion of the burden of government.

The Constitution of the United States guarantees to each State a republican form of government. The government of a State is therefore very similar to the government of the United States.

Congress enacts laws for the nation and for the welfare of the States collectively. The States enact laws for the regulation of affairs not controlled by national statutes. In some cases when Congress passes a law regulating matters connected with the States, it is the custom for the State legislature also to pass a law in pursuance of the law enacted by Congress. Federal law is also distinctly State law and must be observed by the people and by the officers of State and nation alike; but State law is not observed beyond the confines of the State.

The national constitution guarantees to the States protection against invasion and, when application is made, also against domestic violence. This idea of protection is reciprocal. If the nation finds the forces at its command inadequate, the militia of the States may be employed or a call for volunteers may be issued. On the other hand, if a State finds itself unable to suppress internal disorders, it may call upon the nation for assistance. If a State fails to preserve order the national government may interfere on its own account. This was done by President Cleveland, in July, 1894, during the Chicago railway strike, when he called out United States troops to secure the transmission of the mails and prevent obstruction of interstate commerce.

The system of State courts is independent of the system of national courts. Federal courts rarely deal with State laws unless to pass upon their constitutionality with respect to the United States Constitution, but State law is applied by federal courts when there is no federal statute applying to the case. State courts deal with both State and federal statutes, but their interpretation of federal statutes is subject to revision by federal courts. If a State court declares a State law to be in violation of the United States Constitution, its decision is final; but if it maintains the law to be in accordance with the United States

RELATION OF PEOPLE TO STATE 9

Constitution, the decision may still be reversed by a United States court. The judges of the State courts shall be bound by the supreme law of the land, " anything in the constitution or laws of any State to the contrary notwithstanding" (United States Constitution, Article VI, Clause 2).

Relation of State to State. The States as individual members of the union are relatively equal to each other. While their governments differ in some respects, yet there is a general resemblance. Some confusion and friction has been caused by the great variety of laws in the different States on the same subject; yet there is necessarily a great deal of uniformity since State laws are founded mainly on the common law of England. This want of uniformity might be remedied by an amendment to the national constitution giving Congress power to pass uniform laws for the States or by interstate committees appointed to secure uniformity in legislation. The adoption of the United States Constitution had the effect of wiping out the bitter State jealousies that existed before that time. The national constitution provides that "full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State."

Relation of the People to the State. The people are subject to the laws of the State and of the United States. A citizen of the United States is a citizen also of the State in which he resides. The citizen of a State owes allegiance to his State, but his first and highest allegiance he owes to the nation. The people are most generally and most directly affected by State laws, especially with reference to their social and legal relationships in the community in which they dwell. "The citizens of each State shall be entitled to all the privileges and immunities of citizens in

IO THE GOVERNMENT OF PENNSYLVANIA

the several States." A citizen of one State can therefore not be denied citizenship nor the privileges of a citizen in another State, provided he abides by the regulations made for citizens of that State."

Political Divisions of the United States. The largest political division of the United States is a State. States are divided into counties and a county consists of a number of townships. A township is the lowest political division with a practically complete system of government, but townships consist of a number of sub-school districts and road districts and may be subdivided into voting precincts. A county may also contain cities or boroughs and these may be subdivided into wards. The government of all the divisions of a State is however centralized in the State government.

"When the great and wise God had made the world, of all his creatures, it pleased him to choose man his deputy to rule it: and to fit him for so great a charge and trust, he did not only qualify him with skill and power, but with integrity to use them justly."

"Any government is free to the people under it (whatever be the frame) where the laws rule, and the people are a party to those laws, and more than this is tyranny, oligarchy, or confusion."

"Governments, like clocks, go from the motion men give them; and as governments are made and moved by men, so by them they are ruined too. Wherefore governments rather depend upon men, than men upon governments. Let men be good, and the government cannot be bad; if it be ill, they will cure it. But, if men be bad, let the government be never so good, they will endeavor to warp and spoil it to their turn."

"I know some say, let us have good laws, and no matter for the men that execute them; but let them consider, that though good law r s do well, good men do better; for good laws may want good men, and be abolished or evaded by ill men; but good men will never want good laws, nor suffer ill ones."

"The great end of all government, viz.: To support power in reverence with the people, and to secure the people from the abuse of power; that they may be free by their just obedience, and the magistrates honorable, for their just administration: for liberty without obedience is confusion, and obedience without liberty is slavery."

— Preface to Perm's Frame of Government

BEFORE THE ADOPTION OF THE

CONSTITUTION OF 1873

Origin of Pennsylvania. The year 1681 marks the beginning of Pennsylvania as a separate political organization. In this year Charles II granted a tract of land embracing the present State of Pennsylvania to William Penn, an eminent Quaker, in payment of a debt of sixteen thousand pounds due to his father from the crown. This grant also afforded a place of refuge for the persecuted Quakers. In 1682 Penn obtained from the Duke of York a grant of the territory embraced in the present State of Delaware, thus extending his domain to the open sea. This grant was known as the " three lower counties'' or the " territories" of Pennsylvania. The government of Delaware was connected with that of Pennsylvania until the Revolution.

Penn sent his cousin, William Markham, as his deputy to take possession of the country. Markham arrived early in July, 1681. The next year, October 27, 1682, Penn himself arrived in the ship Welcome and landed at New Castle. Markham had already purchased land of the Indians and made a treaty of friendship with them. On October 30 Penn went to Upland, w T hich he named Chester, and made arrangements for the meeting of the first general assembly. He then continued his journey up the Delaware to Shackamaxon, in the present Kensington District of Philadelphia, where he met the Indians early in November, under a large elm tree, and made his famous treaty with them. Penn next laid out the city of Philadelphia, near the Indian village of Quequenaku,

"the grove of long pines. " Few houses were built in 1682, but in 1683 about one hundred houses were erected and the city grew rapidly in size and population,

Although it is possible that Sebastian Cabot (1498), John Verrazano (1524), and Stephen Gomez (1525) looked'into Delaware Bay, positive proof of this fact is wanting. In 1609 Henry Hudson spent a day in Delaware Bay and in 1610 Lord Delaware discovered the mouth of the Delaware River; but the territory of what afterwards became known as Pennsylvania was probably not seen by Europeans before the year 1616, unless indeed it was seen by Captain John Smith in his voyages up the Susquehanna in 1608. In this year (1616) the Dutch Captain Hendrickson discovered the Schuylkill River and near the present site of Philadelphia he met three Netherlanders who had come from Fort Nassau* near Albany, by way of the Mohawk and the Delaware, Holland now claimed the territory along the Delaware River and in 1623 Captain Mey erected Fort Nassau, near Gloucester, N. J. In 1631 a party of Hollanders Under Pieter Heyes established themselves on Lewes Creek, near Cape Henlopen. This settlement, called Swaanendael, was totally destroyed by the Indians in 1632.

In the meantime King Gustavus Adolphus, of Sweden, had been formulating plans for American colonization and in 1638 a party of Swedes and Finns under Peter Minuit built Fort Christina, near Wilmington. The land from Cape Henlopen to the falls of the Delaware at Trenton was purchased from the Indians and the territory on the west bank of the Delaware practically passed out of Dutch control. In 1643, John Printz, the third governor of New Sweden, built a fort on Tinicum Island, about twelve miles below Philadelphia. He named the settlement New Gottenberg and it was probably the first European settlement in Pennsylvania.

In 165 1, to counteract Swedish influence, the Dutch left Fort Nassau and built Fort Casimir, near New Castle, Delaware. The Swedes under Governor Risingh captured Fort Casimir in 1654. Thereupon Peter Stuyvesant, Governor of New Netherlands, received orders to conquer the Swedes. He succeeded in this undertaking in 1655 and the Dutch again exercised authority on both sides of the Delaware; but in 1664, when King Charles II granted this region to his brother, the

BOUNDARIES OF PENNSYLVANIA 1 5

Duke of York, New Netherlands was taken by the English under Colonel Richard Nicolls. With the exception of one year it remained under English control until the Revolution.

Name of Pennsylvania. Penn at first intended to name the province New Wales. The immense forests then suggested the name Sylvania, but the king ordered it to be called Pennsylvania, "Penn's Woods/' in honor of William Penn's father, Admiral Sir William Penn. The original spelling in Penn's charter is "Pensilvania."

Territory and Boundaries of Pennsylvania. Penn met the Indians "on the broad pathway of good faith and good will" and instead of appropriating their land he bought it from them by making purchases of large tracts at different times.

According to Penn's interpretation of the boundaries mentioned in his charter his grant covered a much larger area than is now included in the State. The charter of King Charles defined Penn's grant as "All that Tract or Parte of Land in America, with all Islands therein conteyned, as the same is bounded on the East by Delaware River, from twelve miles distance Northwards of New Castle Towne unto the three and fortieth degree of Northerne Latitude, if the said River doeth extende so farre Northwards; But if the said River shall not extend soe farre Northward, then by the said River so farr as it doth extend; and from the head of the said River, the Easterne Bounds are to bee determined by a Meridian Line, to be drawne from the head of the said River, unto the said three and fortieth Degree. The said Lands to extend westwards five degrees in longitude, to be computed from the said Easterne Bounds ; and the said Lands to be bounded on the North by the beginning of the three and fortieth degree of Northern Latitude, and on the South by a Circle drawne at twelve miles distance from New Castle Northward and Westward unto the beginning of the fortieth degree of Northern Latitude, and then by a streight Line Westward to the Limitt of Longitude abovementioned. "

William Penn reasoned that the beginning of the fortieth degree meant the thirty-ninth parallel, but Lord Baltimore claimed that Maryland extended to the fortieth parallel. When

Perm's charter was written it was supposed that the fortieth parallel passed through New Castle. This dispute caused some bloodshed in the overlapping territory. In 1732, an agreement was reached by which the boundary was to be located as follows: A semicircle was to be drawn beginning at the Delaware River, with a radius of twelve miles and the center at New Castle; from a point in the middle of the peninsula, on a line directly west from Cape Henlopen, a tangent to this circle was to be drawn; from the point of tangency a line was to be run due north to a point fifteen miles south of the southern end of Philadelphia; from this point the line was to extend directly west five degrees. On account of disputes as to the method of locating the boundary, nothing was done until 1761, when Charles Mason and Jeremiah Dixon were appointed to survey the line. This was done from 1763 to 1767. On account of the Indians, Mason and Dixon's Line was surveyed only for a distance of 230 miles. The location of the remaining part of the southern boundary along the same parallel, 39 degrees 44 minutes, to its western extremity was commenced by other surveyors in 1782.

A large part of western and southwestern Pennsylvania was claimed by Virginia. The strife between the Virginians and Pennsylvania^ continued until 1779, when an agreement was reached by which the southern boundary was completed and

PERIODS OF GOVERNMENT 1 7

the western boundary surveyed along the meridian of 80 degrees 32 minutes north to the Ohio River. In 1785, Virginia having ceded her western lands to the United States, Pennsylvania alone completed the boundary to Lake Erie.

Connecticut, by virtue of her " sea to sea" charter,laid claim to that part of Pennsylvania north of 41 degrees. Settlers from both States entered this region and the frequent conflicts which took place between these two classes of colonists from 1769 to the Revolution is known as the "Pennamite and Yankee War." In 1782, a commission appointed by the Continental Congress met at Trenton and awarded the disputed territory to Pennsylvania.

The boundary between New York and Pennsylvania also was in dispute. In 1775, a stone was set up in the Delaware River, but the line afterwards run west from this stone ended south of Lake Erie. In 1789 the forty-second parallel was accepted as the boundary.

Pennsylvania now had only about four miles of coast line on Lake Erie, so in 1792 the State bought the triangle at Lake Erie of the United States.

In 1905 Pennsylvania agreed to give the "flat iron," as the small triangular piece of land between Pennsylvania and Delaware is called, to Delaware; but Delaware and Congress have not yet confirmed the transfer (191 1).

The Seat of Government. Chester was the first capital of Pennsylvania. Here the first general assembly was held in 1682. In 1683 the capital was transferred to Philadelphia. It was removed to Lancaster in 1799, and to Harrisburg in 1812.

Periods and Forms of Government. The government of Pennsylvania may be divided into three periods: the first covering that period during which the southeastern part of the State with its scattered settlements and inhabitants was merely territory attached to some other colony; the second comprising the government of the Province of

Pennsylvania, under Penn and his heirs; the third including the government of Pennsylvania as a State.

I. Colonial or Territorial Period — 1623-1681.

1. First Period of Dutch Dominion — 1623-1638.

i 1 . Proprietary, under the Dutch West India Company, as part of New Netherlands.

American affairs were directed by a Director until 1626 and by a Governor after that date. Although the Dutch laid claim to this region since 1609, it was without European government previous to 1623.

2. Period of Swedish Dominion — 1638-1655.

i 1 . Proprietary, under Swedish West India Company, as part of New Sweden. The government was directed by a Governor.

Holland, Sweden and England claimed the territory along the Delaware, but during this period Sweden exercised the principal authority over the region now included in Pennsylvania.

3. Second Period of Dutch Dominion — 1655-1664.

i 1 . Proprietary, under Dutch West India Company.

4. First Period of English Dominion — 1664-1673.

i 1 . Proprietary, under the Duke of York, as a Territory of New York.

The government was administered by a Governor of New York and a separate Commander on the Delaware.

5. Third Period of Dutch Dominion — 1673-1674.

i 1 . Royal.

The government was administered by a Governor of New Netherlands and a Deputy Governor of the Colonies on the West Side of the Delaware.

6. Second Period of English Dominion — 1674-1776.

i 1 . Proprietary, under the Duke of York, until granted to William Penn.

II. Provincial Period — 1681-1776.

1. Proprietary, under William Penn — 1681-1693.

Penn was suspected of disloyalty and Pennsyl-

CONSTITUTIONS OF PENNSYLVANIA 1 9

vania was taken from him, but after his innocence was proved he was restored to his rights. The government was directed by Governor Fletcher, of New York, with William Markham as Deputy Governor. 3. Proprietary.

i 1 . Under William Penn — 1695-1718.

2 1 . Under Penn's widow, Hannah Penn — 1718-

1733- 3 1 . Under Penn's sons, John (d. 1746), Thomas,

4 1 . Under Thomas Penn and John Penn, son of Richard Penn — 1 771-1776.

During this period the government was administered by the proprietor as Governor or by a Deputy or Lieutenant-Governor together with a Provincial Council and a General Assembly.

In June, 1775, the Assembly practically deposed John Penn as Governor by appointing a Council of Safety to supersede him and exercise the executive functions. Franklin was chairman of the Council.

III. Constitutional Period —

The Commonwealth — 1776 — .

1. Under the Council of Safety — 177 6- 1777.

2. Under the Constitution of 1776.

3. Under the Constitution of 1790.

4. Under the Constitution of 1838.

5. Under the Constitution of 1873.

Charters and Constitutions of Pennsylvania. I. Whatever government Pennsylvania had before it was granted to William Penn was administered mainly in accordance with the charter of the Dutch West India Company (162 1), the Articles of the Swedish West India Company (1625), and "The Duke's Laws" (1665).

II. The Charter for the Province 0} Pennsylvania. This very liberal charter was granted by Charles II. to William Penn, March 4, 1681. It made William Penn and his heirs proprietors of the Province and gave them the right to make laws for the country "by and with the advice, assent, and approbation of the Freemen of the said Country, or the greater parte of them, or of their Delegates or Deputies" who were enjoined by the charter to meet in some form of assembly for this purpose. The laws had to be transmitted to England and could be declared void if found to be contrary to the allegiance due the king or inconsistent with his sovereignty. The charter also gave Penn the power to appoint judges and other officers.

The annual rent to be paid by the proprietors of Pennsylvania was "Two Beaver Skins, to bee delivered at Our said Castle of Windsor on the First Day of January in every year; and also the Fifth Part of all Gold and Silver Oare, which shall from Time to Time happen to bee found within the Limitts aforesaid, cleare of all Charges."

III. Concessions to the Province o) Pennsylvania. These were "Certain conditions, or concessions, agreed upon by William Penn, Proprietary and Governor of the province of Pennsylvania, and those who are the adventurers and purchasers in the same province, the eleventh of July, one thousand six hundred and eighty-one." They were given to Markham and his colonists for their guidance until Penn's arrival.

The Concessions provided for a jury of twelve men, six planters and six natives, to decide disputes between the settlers and the Indians. Another noteworthy article provides "That in clearing the ground, care be taken to leave one acre of trees for every jive acres cleared, especially to preserve oaks and mulberries for silk and shipping."

IV. The Frame of Government of the Province of Pennsylvania. The Frame, consisting of twenty-four arti-

CONSTITUTIONS OF PENNSYLVANIA 21

cles, was signed by William Penn on April 25, 1682, and on May 5 of the same year he added forty laws. Penn presented this plan of government, with ninety additional laws, to the General Assembly which met at Chester on December 6, 1682. These laws, ratified next day, formed the Great Law or Great Code of Pennsylvania, the basis of our present State government. No Provincial Council had yet been chosen. On April 2, 1683, the Frame of Government, with some alterations, together with sixtyone of Penn's proposed laws, was ratified by the Provincial Council and General Assembly which met in Philadelphia.

The government of Pennsylvania under the frame was vested in the Proprietor, who was the Governor; in a Provincial Council of not less than eighteen nor more than seventytwo members, according to the population of the Province, elected for three years; and in a General Assembly of not less than thirty-six nor more than two hundred members, elected annually. The Governor or his deputy was presiding officer of the Council.

It was the duty of the Governor and the Council to originate bills and propose them to the Assembly, which bills were to be published and posted in prominent places twenty days before the Assembly met; to take care that the laws were executed; to provide for the peace and safety of the Province; to decide on the location of cities, market towns, and roads; to inspect the management of the public treasury; to establish schools; to encourage and reward authors and inventors; to establish courts; and to convene and adjourn the Assembly.

The Assembly could not originate legislation but could simply vote upon the bills presented to it by the Council. The Council could nominate a " double number' ' of persons for judges, treasurers, and masters of the rolls, and the Assembly for sheriffs, justices of the peace, and coroners, out of which nominations the Governor was to make appointments.

V. The Charter of Privileges jor Pennsylvania. This Charter was granted by William Penn, on the application of six-sevenths of the freemen, because the Frame of 1683 was "found in some Parts of it, not so suitable to the present Circumstances of the Inhabitants.' ' It was ratified on October 28, 1701. The greater power of the Council in making laws had been a cause of strife between the Council and the Assembly. Under the new form of government the Assembly was allowed to propose legislation and its powers were otherwise enlarged. The people also were allowed to elect some of the county officers. It was the most liberal government existing in the Colonies,

VI. The Constitution 0} 1776. On May 15, 1776, the Continental Congress recommended the formation of State governments. The assembly of Pennsylvania, composed largely of royalists, ignored this recommendation, so the people called a provincial assembly of their own which met on June 18, 1776, and resolved that a constitutional convention should be called to form a State government. This convention met in Philadelphia on July 15, 1776. It consisted of ninety-six delegates and chose Franklin president. The constitution was completed on September 28, 1776, and went into effect at once without ratification by the people.

The convention assumed control of the State government and appointed a Council of Safety of which Benjamin Franklin was president. Franklin was therefore the first person to hold the highest executive office in Pennsylvania as a State.

Under the first Constitution of Pennsylvania the legislature consisted of only one house. The executive power was vested in a President and a Supreme Executive Council of twelve members which was advisory to the President. The President was chosen annually by the General Assembly and the Council. The constitution contained a Declaration of Rights of sixteen articles. It established courts in every county of the State.

CONSTITUTIONS OF PENNSYLVANIA 23

In 1780, the Assembly of Pennsylvania passed a bill providing for the gradual abolition of slavery. By the operation of this law the State still had 3737 slaves in 1790 and only 67 in 1830.

VII. The Constitution 0} 1790. This constitution was framed by a convention of sixty-nine delegates, who met in Philadelphia on November 24, 1789, and chose Thomas Mifflin president. On February 26, 1790, the convention adjourned to give the people an opportunity to discuss what had been done. It reassembled on August 9, and proclaimed the new constitution on September 2, 1790.

This constitution established a legislative body of two houses. The Executive Council was abolished and the executive power was vested in a Governor chosen by the people for a term of three years.

VIII. The Constitution of 1838. This constitution was framed by a convention of 133 members, who met at Harrisburg on May 2, 1837, but adjourned in November to Philadelphia. John Sergeant was elected president. The constitution was adopted on February 22, 1838. It was ratified by the people at an election held October 9, 1838 and went into effect on January 1, 1839.

Among other changes the constitution of 1838 gave the legislature enlarged powers, made most of the offices elective, abolished life offices, and restricted the right to vote to all white freemen who had paid a state or county tax. As under previous constitutions, the legislature met annually.

IX. The Constitution of 1873. This constitution was framed by a convention of 133 members, who met at Harrisburg on November 12, 1872, but adjourned on November 27 to meet in Philadelphia on January 7, 1873.

William M. Meredith was chosen president. He died, and John H. Walker was chosen his successor. The constitution was completed on November 3, 1873. It was submitted to the voters and ratified on December 16, 1873, an d went into effect on January 1, 1874.

One of the chief reasons for framing a new constitution was the necessity for prohibiting special legislation, particularly with reference to corporations.

THE CONSTITUTION OF THE STATE OF PENNSYLVANIA

PREAMBLE