son, Curry, Darlington, Davis, Dunning, Elliott, Fulton, Green, Guthrie, Hanna, Hunsicker, Lamberton, Lilly, Mann, Niles, Palmer, H. W., Parsons, Purviance, John N., Reed, Andrew, Rooke, Runk, Smith, Wm. H., Struthers, Wethe. ill, J. M.. Wetherill, Jno. Price, Wherry and Woodward-40. NAYS. of this section will remedy it partially at least, and therefore I hope the section will not be stricken out. Mr. BEEBE. Free passes are granted generally to the public officers of the State, judicial and otherwise, and to their friends whom they can influence. Now, sir, bribery is defined to be "a gift which blinds the eye and perverts the judgment, but the receiver must be a public officer and the giver must be a party who has an interest in his official conduct." I leave the Convention to the interpretation and application. hope that the section will be retained. Messrs. Andrews, Baily, (Perry,) Bailey, (Huntingdon,) Baker, Bartholomew, Biddle, Bigler, Brown, Buckalew, Calvin, Campbell, Carter, Church, Clark, Besides, this system makes a class disCochran, Corbett, Curtin, De France, Dodd, Edwards, Ellis, Ewing, Finney, tinction and is injurious in every aspect Funck, Gibson, Gilpin, Hall, Harvey, in which it can be viewed. I therefore Hay, Hazzard, Hemphill, Horton, Howard, Kaine, Knight, Landis, Lawrence, Lear, MacConnell, MacVeagh, M'Clean, M'Culloch, M'Michael, M'Murray, Mantor, Metzger, Minor, Mott, Palmer, G. W., Patterson, D. W., Patton, Purviance, Sam'l A., Reynolds, Smith, Henry W., Stanton, Stewart, Turrell, Van Reed, White, David N., Wright and Walker, President-61. So the motion was not agreed to. ABSENT.-Messrs. Achenbach, Barclay, Bardsley, Bullitt, Carey, Cassidy, Collins, Craig, Cronmiller, Cuyler, Dallas, Fell, Heverin, Littleton, Long, M'Camant, Mitchell, Newlin, Patterson, T. H. B., Porter, Pughe, Purman, Read, John R., Ross, Russell, Sharpe, Simpson, Smith, H. G., Temple, White, Harry White, J. W. F. and Worrell-32 Mr. LILLY. I move to go into committee of the whole for the purpose of striking out the tenth section. It is not necessary for me to say a word on this motion. The subject is thoroughly understood, and I hope the Convention will at once vote upon it. Mr. LANDIS. I call for the yeas and nays. Mr. HAY. I desire to say that having previously voted against the insertion of this section I shall now vote to strike it out. I am heartily in favor of the idea that is contained in the section, but I believe it to be entirely out of place in the Constitution of this Commonwealth, and shall vote to strike it out. Mr CAMPBELL. I hope the section will not be stricken out. I aims at an abuse that has become in this Commonwealth a frightful one, and if we can in any manner do away with that abuse in the Constitution we should do so. The adoption Mr. KNIGHT. Mr. President: The object of this Convention, seems to be to make great reforms in the management of railroads in this State. In my judgmeni, if there is any particular reform required, it is in this very business of free passes. We all know very well, at least it is safe to assert, that passes generally reach the pockets of those who are least entitled to them. Stockholders of railroads seldom apply for free passes, but the most frequent applications for them come from those who are supposed to be influential; members of the Legislature, who are allowed their mileage by the State, judges of the courts, who also receive their mileage from the State, members of Congress, city, borough and township authorities, as well as some other parties connected with railroads not only in this State, but throughout the whole country. I am not particularly wedded to this section as reported, but I think it necessary the Convention should insert some provision here to prevent the continuance of this abuse. If you go into a railroad office you will see a string of people there who have no meritorious claim asking for free passes, and the time of the officers and directors is to a great extent taken up in answering applications for free passes. A stage coach does not issue passes. Steamships as a general rule do not issue free passes. The first resolution that was passed by the American Steamship Company, after its formation, was that there should be no free passes issued without the unanimous consent of the directors; and before the adoption of that resolution, scores of applications for free passes to cross the Atlantic were made, and every imaginable argument advanced. Besides, sir, this system brings about selves without a quorum. The same rea state of affairs, in my opinion, improper mark applies to the Legislature when it is and injurious to the stockholders. Nearly all the prominent railroad companies in the State have special palace cars for their president, vice president, board of directors, and superintendent. When they go, they start generally loaded with free passes, and are not only attached to general trains but with special trains, to the great injury of the stockholders and to the great risk of life by collision. Mr. President, these are plain facts. If you are going to reform railroads, if you want to do something that will give the stockholders of railroad companies something more than the mere crumbs that fall, strike at the root of a flagrant evil, and do away with a practice which is costing at least one railroad in this State half a million of dollars a year. Mr. HUNSICKER. There is entirely too much piety in this section for me. It is the assumption of too much virtue. I do not think this Convention possesses it. If I am not mistaken, nearly every member of this Convention has a free pass in his pocket now, and if I am not misinformed the delegate from Philadelphia (Mr. Knight) himself distributed passes for us to visit Cape May some time ago. The point is just this: The railroad companies have this matter entirely within their control; no railroad company in this State is required by law to issue any free pass to anybody; and if they see fit to rob their own stockholders by issuing free passes to persons who ought not to have them, that is their own look out. For the railroad companies to say that they cannot escape issuing free passes, is to admit that they issue free passes for the purpose of corrupting those who are in public life. I therefore trust that the good sense of this Convention will prevail and this useless section be stricken out. Mr. BAER. Mr. President: For one, I hope section ten will not be stricken out. The sessions of this Convention have already verified the wisdom of the section. If that section had been in the old Constitution, the labors of this Convention would have been completed three months ago. There would not have been clamor after clamor here to secure a quorum in consequence of the members constantly running home; they would have been here to discharge their duties; but in consequence of their having free railroad passes, we have frequently found our in session. I trust that the section will remain as it is. I believe it will do more to prevent evil influences than any other section in the article. The newspaper press will possibly speak out in a different tone when the editors do not ride free. Members of the Legislature and politicians will be more independent. Men will act upon principle, and not because they are bought by the paltry consideration of a railroad ticket. Mr. BUCKALEW. I do not intend to prolong the debate on this subject, as I spoke upon the section when it was before the Convention on a former occasion, but I desire to make one point before we dispose of the subject. I take it for granted that the Convention will retain this important section, and, therefore, dobate in its favor is not strictly necessary. But, sir, we are now informed by a gentleman on this floor of great intelligence with reference to our business interests, that the cost of the pass system to one railroad company amounts to half a million a year. I think it is a reasonable estimate to say that the cost of these passes issued in the Commonwealth, taking all the railroad transportation together, must exceed two millions a year. Let us say $2,000,000 a year. Now, sir, these passes are gratuities to particular individuals, favorites of the companies, and they are also gratuities to those who impose themselves upon the companies and compel them to give them passes. A large class of that sort of passes are issued as every one very well knows. Now, sir, the cost of $2,000,000 a year is levied on the stockholders of these railroad companies, and what is the result? It is that $2,000,000 which the stockholders lose in the way of passes are levied on the general community, upon the passengers, transporters and producers of the State; and so it is equivalent to a tax of $2,000,000 upon the mass of the people. You cannot give these free passes and impose this loss upon the stockholders of these companies without a certainty that the whole amount of this expense will be levied upon the general community. Now, I grant you there are reasons against interposing in this manner in the business of railroad companies. Some gentlemen may think it is rather a small business for the great Commonwealth of Pennsylvania in its Constitution to prohibit a railroad company from giving a little pass to ride fifty or one hundred their charters as near as we can, to reform miles now and then. But I say this mat- great abuses; and whilst we are engaged ter does not stand upon any individual in that work I cannot see how we are to considerations or upon any small points look over this particular matter, in which of that kind. It stands upon the broad it is confessed there has been marked question of the general policy of the con- abuse. duct and management of our railroads. Shall there be several millions of dollars taken from the stockholders in the way of gratuitous passes and an equal tax be levied upon the whole community? Then, again, another consideration is a reason for some kind of law on the subject. For so long a time has this practice been indulged that it is virtually impossible for a railroad company to extricate itself from the power and influence that surrounds it and demands these favors. Then, again, in the line of thought suggested by the gentleman from Somerset, I shall vote for this section because of the damaging influence of free passes on the industry of the country. Men get free their time, instead of remaining at home passes, run all over the country and waste and attending to their business. I do not know how often I have heard men who held free passes lament because they had a free pass, for the reason that they had gone over the country, around from place to place, and spent three or four times as much money unnecessarily as they had Mr. DUNNING. Mr. President: From the discussions that have taken place in this House heretofore in connection with railroads, we would be led to believe that railroad companies were able to protect themselves. In truth, the weight of the argument has been that they are great oppressors. If we are to believe half that has been said about the incorporated railroad companies of this Commonwealth, we must believe them unworthy almost of a place in the State or nation. Now, sir, I do not believe that the railroad companies generally of the Commonwealth will thank this Convention for adopting a section which makes it impossible for them to issue a pass if they choose to do so. This section says they shall not do so, and if they think proper to issue a pass it But, sir, the grave reason for adhering is made a penal offence. I do not believe to the position of the Convention on this any railroad company in this Common- subject is that which was named by the wealth wants to be put in that position. gentleman from the city; we ought to reIf they choose to issue a pass they should form this abuse if we undertake to reform have the privilege of doing it, and I am perfectly willing that they should do it in every case where I am interested. Mr. DE FRANCE. I hope this section will not be stricken on. As a general rule, passes are never issued to any person unless the railroad companies expect to get something back for them. I never had the offer of a pass except when I was in the Legislature and when I came into this body. It may be said that this is legislation. It may be legislation; but, sir, how do you expect ever to get the Legislature to remedy this evil when every member gets from twenty to thirty passes apiece in the year if he needs them, over all the railroads in this State? If we resort to legis lation at all, this is an evil that we ought to remedy in this way. Mr. BIGLER. I shall vote against this motion to strike out the section for a number of reasons, but especially for the reason assigned by the gentleman from the city (Mr. Knight.) We are about holding railroad companies up to a strict accountability, to the letter and spirit of saved. others. Mr. HOWARD. Mr. President: Some such provision as this ought perhaps to be inserted in the Constitution. I certainly shall vote for it, but at the same time I can see no use in this section as it now stands. What is the use of a section like this without any penalty whatever attached to it. In order to make this worth a straw, you have got to have the Legislature say that some specific penalty shall be attached to a violation of the section. This Constitution will not execute itself. You have attached no penalty; you have simply said they shall not issue free passes. Now, if you hear a man is going to a railroad office to get a pass you cannot stop it unless you go into court, file a bill in equity, and get an injunction and have it served on the railroad company before they can issue the pass. That will be about the way it will work practically. They can issue just as many passes as they please under this section, and there is no penalty at all against it. There was a penal section attached to this article when it came from the committee, but that section bas been stricken out. Mr. CORSON. It does not say that. Mr. CURTIN. It does say so. Mr. CORSON. It is that no persons but officers and those employed by the companies shall have free passes. Mr. CURTIN. Well, those employed on Whether this section, if adhered to by the Convention, is worth anything at all for the protection asked by the delegate from Philadelphia to the stockholders will depend entirely on the Legislature a railroad have to travel on it, of course, hereafter. I am willing to go as far as to attend to their ordinary business. It any person for the purpose of protecting prohibits the railroad companies from the stockholders, but the way this stands giving passes to members of the Legislanow it would operate merely as a shield ture, and surely, if there is any one subto the companies; they can refuse to any ject upon which this Convention has been man they do not wish to give a pass and especially united, clear, emphatic and give it to everybody they are willing to conservative, it is as to the future moraliserve. That is precisely how it will ope- ty of the Legislature, and if there be any rate. I hope we shall not perpetrate any means by which that morality can be apsuch farce as this. If we intend to pro- proached and corrupted more than anhibit the issuing of free passes let us say other it is by the railroad companies givit shall be a forfeiture of their charter to ing to the members free passes for themdo it, and let the delegate from Philadel- selves and as many as they please for sale phia offer that amendment and I will vote to others; and it is not very pleasant that for it; but I have no idea of a section the railroad companies of the State, havmerely as a shield against persons that ing wrongs to redress, should be brought are distasteful to the companies. They by the citizen before courts that are itincan say no to some when they can issue erant, and their itineracy always at the as many as they please to other persons expense of the railroad companies, suitors who are willing to become subservient to before them. I have no idea that it them or work for the advancement of would have the least effect on the mind their interests. A bold proposition of of a judge of the Supreme Court, but for that kind means nothing at all, and it would be right to strike it out unless the delegate from Philadelphia, who offered it to protect the stockholders, is willing to insert a penalty. We all know the virtue of the law consists in the penalty. It is no use without a sting. Men do not obey criminal or penal laws from mere love of it. It is because there is a penalty attached to its violation. All law, human and divine, that is worth a cent, says if you do so and so you shall suffer such and such penalty. Now you prescribe no penalty. As it stands it is a simple humbug. Mr. CURTIN. Mr. President: I can scarcely think that the declaration in the Constitution that free passes shall not be issued will not be effective. If the Legislature choose to impose a penalty for the violation of that principle of the Constitution, they can do it at their pleasure. It would be almost impossible for this Convention to put in detail all that they prohibit or all that they permit, and then prescribe the punishment and the manner of administering the punishment for a violation of the principle of the Constitution, or the rewards to those who obey it. Here is a simple, plain declaration that free passes shall not be granted by railroad companies. a man who gets a moderate salary and has not an ample fortune, to travel to and fro through the State, free of expense, to attend to his judicial duties or to his summer recreation when it is too hot to sit on the bench, makes him feel kindly. It is human nature; and if the judge would not feel kindly to the company that gives him the means of travel to his place of business and for his summer amusement and recreation, the milk of human kindness must have been extracted from his heart; he is no more a man. Justice is blind, it is true; but while justice is blind I would rather that justice would not have a free pass over the railroad which may come before him for judicial action. The goddess of justice was not made a deity exactly for the modern temptation of free passes over railroads, unknown in the classic age. I object to taking this section out of the Constitution for another reason. The members of this Convention can get free passes. Of course we can, and certainly, from the character of this article, they have not influenced us in our action against railroads in the least, [laughter,] for while we travel on free passes many of us, and some of the members reject them from motives of delicacy, here is an article that takes the very bowels out of the railroad companies of the State, road company. He has their pass in his and subjects such corporations to costive restraints and heavy penalties for violations of them. Now, the delegates to this Convention must remember that the people of the State are not as we are. Mr. MACVEAGH. It only takes the bowels of compassion out of them. [Laughter.] Mr. CURTIN. That is a very good word. "Compassion" will do; it mixes very well with "bowels" - better than "brains." [Laughter.] It would be very hard to assemble one hundred and thirty-three gentlemen in Pennsylvania again in a Convention like us who would be insensible to such influences. We are not affected by them, it is true; but still we can get free passes and we are in that position in life that we can get them in future. The members of the Legislature can get free passes; the members of your city councils can get free passes; the judges of the Supreme Court can get fee passes; the judges of your court of common pleas can get free passes. The man of influence, position and wealth can get a pass; but the man who is not able to pay his railroad fare may sue in vain for such an indulgence from a railroad company. I am opposed to the sysiem, because it is at the expense of the stockholders without their consent. It approaches the officer of government in his place with the blandishment of a corporation; and those soulless creatures, the corporations, of which we have heard so much here, should not be transferred into supplients to the bench or to the Legislature or to this Convention. I am opposed to taking out this section, because it gives to the railroad companies the right to take from their stockholders a part of the earnings of the road, and taxes to the same extent the travel and transportation of those who have not passes. I am opposed to it, because it acts unequally and unjustly inasmuch as the man who can pay for his ticket can get a pass, and the man who is unable to pay cannot get one. I trust this Convention will adhere to this section of this article if they should abandon all others. Mr. WOODWARD. I want to say a word, as judges have been alluded to in this connection. An individual comes before a court of justice as a suitor, with a corporation, a railroad company against him. The cause is tried; the evidence is heard; and the law of the land requires the judge to decide the cause in favor of the rail pocket. Now, such is human nature that you never can persuade that individual against whom the cause was rightly decided that that pass has not had its influencd on the judge's mir. d. He goes home and tells his family that he lost the cause by the judge being bribed, and he will tell his neighbors so. Si, pardon me for relating an incident, and I believe it is the only evidence of old age in me. I was sent once under a special act of Assembly to Cambria county to try an action of ejectment, the parties to which bore the obscure names of Adams and Jackson. [Laughter.] The cause was tried. There was no corporation there and no passes. The parties were both individuals. The cause was carefully tried and decided in favor of Jackson. When it was over when the whole matter was settled, the stage not coming along, Mr. Jackson having a very comfortable buggy, offered to carry me down to Hollidaysburg in his buggy, and in my innocence I got in and rode with him. Mr. President, that thing lived in the memory of that neighborhood, and in 1863 it was demons rated clearly that I had been bribed by Jackson. [Laughter.] One other incident. I once heard a gentleman whom I will not name, because he is not a member of this body, tell the Supreme Court in the argument of a case that the cause below had been decided against his client and in favor of a railroad company by a judge who had the pass of the railroad company in his pocket when he decided it; and every judge of the Supreme Court to whom that argument was addressed Lad a pass of that same company in his pocket. [Laughter.] Now, fellow-Pennsylvanians, is this right? Is this decent? Ought we not to lift our judiciary at least above such suspicions? Heaven knows they are subject to sufficient reproaches and suspicions let them do the best and walk the straightest they can; but to send them out around the country with pockets full of railroad passes is not right. Since I am on the confessional I may as well say that I refused to receive the pass of the Pennsylvania railroad company until all the other railroad companies of the State sent me theirs. I said: "If this thing is to be done at all, it must be a general thing, a regular system; sometimes one railroad company is lawing |