Labor class. Separate labor lists. Removals, discharges, etc. Reasons. Answer. Suspensions. Policemen and firemen. Appointments shall be made in conformance with act. in the non-competitive class shall be made after such non-competitive examination as is prescribed by the regulations of the Civil Service Commission. The said commission shall state in its annual report the number of persons who come within this class, and the character of their services. Section 19. The labor class shall include ordinary, unskilled laborers. Vacancies in the labor class shall be filled by appointment from lists of applicants registered by the Civil Service Commission. Preference in employment from such lists shall be given according to regulations to be prescribed by the commission. commission may establish separate labor lists for various institutions and departments. The commission shall require an applicant for registration for the labor service, before he can be registered, to furnish such evidence or to pass such examinations as it may deem proper with respect to his age, residence, physical condition, capacity for labor, sobriety, industry, and experience in the kind of work for which he applies. Section 20. No officer, clerk, or employe, in the competitive class or in the non-competitive class of the classified civil service of any city of the second class, who shall have been appointed under the provisions of this act, or of the rules made pursuant thereto, shall be removed, discharged, or reduced in pay or position except for just cause, which shall not be religious or political. Further, no such officer, clerk, or employe shall be removed, discharged, or reduced, except as provided in section eight of this act, until he shall have been furnished with a written statement of the reasons for such action, and been allowed to give the removing officer such written answer as the person sought to be removed may desire. In every case of such removal or reduction a copy of the statement of reasons therefor, and of the written answer thereto, shall be furnished to the Civil Service Commission, and entered upon its records. Nothing in this act shall limit the power of any officer to suspend a subordinate for a reasonable period, not exceeding thirty days: Provided, however, That successive suspensions shall not be allowed, except in special cases, where reasons of public importance make it necessary, and where the permission of the commission has first been obtained and recorded upon its public records. Nothing in this act shall alter the procedure required for the removal or punishment of policemen and firemen, as provided in the act of March seventh, one thousand nine hundred and one, relating to the government of cities of the second class. Section 21. No person shall be appointed to or employed in any position in the classified service, in any city of the second class, until he has passed an exami ing officers. nation, or is shown to be specially exempted from such examination, in conformity with the provisions of this act and of the rules made pursuant thereto. It shall be the duty of each appointing officer of every city of the second class to report to the Civil Service Commis- Report. sion forthwith, upon such appointment or employment, Duty of appointthe name of such appointee or employe, the title of his office or employment, the date of commencement of service by virtue thereof, and the salary or compensation thereof, and any separation of a person from the service, or other change therein, and such other information as the Civil Service Commission may require. The Civil Service Commission shall keep in its office official rosters, in the form of books, card-catalogs, or other- Official rosters. wise, of the classified civil service of the city-laborers excepted and shall enter thereon the name of each and every person who is legally in the service of the city of the first day of July, one thousand nine hundred and seven, and of each and every person who is thereafter appointed, employed, promoted, reduced, or reinstated in any position in such service, upon such evidence as it may require or deem satisfactory that such person was appointed to, employed, promoted, reduced, or reinstated in, the service in conformity with the provisions of this act and the rules adopted pursuant thereto. These rosters shall be open to public inspection at all reasonable hours. The rosters shall Contents of rosshow, in connection with each name, the grading, the ters. date of appointment, employment, promotion, reduction or reinstatement, the compensation of the position, the title of the position, and the date and cause of any termination of such office or employment. Controller's Section 22. It shall be unlawful, after the first day of July, one thousand nine hundred and seven, for audit. the controller of any city of the second class to audit and approve the warrants for, or for the city treasurer Treasurer. to pay the salary of, any person in the classified service, unless the controller shall have previously received notice from the Civil Service Commission that the persons named thereon have been legally appointed. Section 23. No question in any form of application or in any examination shall be so framed as to elicit information concerning the political or religious opin- Political and reions or affiliations of any applicant; nor shall any inquiry be made concerning such opinions or affiliations; and all disclosures thereof shall be discountenanced. No discrimination shall be exercised, threatened, or promised by any person in the civil service against, or in favor of, an applicant, eligible, or employe in the classified service, because of his political or religious opinions or affiliations. No person shall appoint, pro- Discrimination mote, discharge, remove, reduce, or discriminate in any way against, any officer, clerk, or employe in the ligious opinions. prohibited. Contributions, etc. Violations. Misdemeanor. Deception, obstruction, etc. Falsification. False representation. Secret information. False personation. Misdemeanors. Penalty. Incumbents. Repeal. competitive, non-competitive or labor classes in the classified civil service of any city of the second class, because he has made or given, or because he has refused or neglected to make or give, any contribution, whether voluntary or involuntary, assessment or payment, for any campaign or political purpose, or for the benefit or promotion of any political party, or for use by any committee or party in connection with any general or primary election. Section 24. Whoever makes an appointment to office, or selects a person for employment, contrary to the provisions of this act, or wilfully refuses or neglects otherwise to comply with, or to conform to, any of the provisions of this act, or violates any of such provisions, shall be deemed guilty of a misdemeanor. Section 25. Any commissioner or examiner, or any other person, who shall wilfully, by himself or in cooperation with one or more persons, defeat, deceive, or obstruct any person in respect of his or her right of examination or registration according to this act or to any rules or regulations prescribed pursuant thereto; or who shall, wilfully or corruptly, falsely mark, grade, estimate, or report upon the examination or proper standing of any person examined, registered, or certified pursuant to the provisions of this act, or aid in so doing; or who shall wilfully or corruptly make any false representations concerning the same, or concerning the person examined; or who shall wilfully or corruptly furnish to any person any special or secret information, for the purpose of either improving or injuring the prospects or chances of appointment of any person so examined, registered, or certified, or to be examined, registered, or certified; or who shall personate any other person, or permit or aid in any manner any other person to personate him or her, in connection with any examination or registration, or application or request to be examined or registered, shall, for each offense, be deemed guilty of a misdemeanor. Section 26. Misdemeanors under the provisions of this act shall be punishable by a fine of not less than fifty dollars, nor more than one thousand dollars, or by imprisonment for a term not exceeding two years, or by both such fine and imprisonment, in the discretion of the court. Section 27. All officers, clerks, and employes in the cities of the second class, holding office, under appointment, on the first day of July, one thousand nine hundred and seven, shall be construed to have been appointed under the provisions of this act, and shall hold their offices in accordance therewith. Section 28. All acts and parts of acts of Assembly of this Commonwealth, general, special, or local, in relation to the civil service of cities of the second class, inconsistent with this act be and the same are hereby repealed. It is intended by this act to furnish a com- Intent of act. plete and exclusive system for the appointment, promotion, reduction, transfer, removal, or reinstatement of all officers, clerks, laborers, and other employes in the civil service of the cities of the second class in this Commonwealth. In case of con solidation or an nexation. mission. Section 29. In case of the consolidation of any cities, or annexation of any city to another city, in which such Civil Service Commission shall exist at the time of the consolidation or annexation, such consolidation or annexation shall not deprive any of said commissioners of his office and compensation for the full term for which he shall have been appointed, unless it extends beyond the time provided hereinafter for the expiration thereof; but, in the meantime, a temporary Civil Temporary comService Commission is provided as follows: The Civil Service Commission of each of said cities shall be, and are hereby, consolidated, and shall form one Civil Service Commission, who shall be subject to the provis ions of this act, and hold their office until the expiration of the term of the mayor then in office in the consolidated city, or city to which the other city is annexed; when the terms of all shall expire. The successor to the mayor then in office shall, upon his election and upon his taking office, appoint a full board of Civil Service Commissioners under the terms of this act. APPROVED-The 23d day of May, A. D. 1907. EDWIN S. STUART. Consolidation. No. 168. AN ACT To amend the first section of an act, entitled "An act to provide for the licensing of buildings and other places in which theatrical, operatic, or circus performances are held, and menageries or museums are exhibited, and fixing the price to be paid for said licenses, and providing for the licensing of circuses and menageries exhibiting in tents and enclosures of like character," providing that in cities of the first class the owner or owners, or lessee or lessees, of a building, the capacity of which is less than three hundred persons, shall pay thirty dollars ($30.00). seums, circuses, Licenses. Section 1. Be it enacted, &c., That the first section Theatres, muof the act, entitled "An act to provide for the licensing etc. of buildings and other places in which theatrical, operatic, or circus performances are held, and menageries or museums are exhibited, and fixing the price to be paid for said licenses, and providing for the licensing of circuses and menageries exhibiting in tents and enclosures of like character," approved the twenty-fourth Section 1, act of June 24, 1895, cited for amendment. day of June, one thousand eight hundred and ninetyfive, which reads as follows: "Section 1. Be it enacted, &c., That from and after the passage of this act, the owner or owners, or lessee or lessees, according to agreement between said owner or owners, or lessee or lessees, of a building or buildings, the whole or part of which are fitted up and used for theatrical or operatic entertainments, or for the exhibition of museums, shall pay to the use of the Commonwealth an annual license at the following rates; namely, In cities of the first class, five hundred dollars; in cities of the second class, four hundred dollars; in cities of the third class, seventy-five dollars, and in all boroughs and townships, thirty dollars. For circuses and menageries the price of a license shall be the same as herein before required to be paid by the owners of buildings used for theatrical and operatic performances, or the exhibition of museums, when exhibited in a building, the license to be paid by the owner or owners of said building; when the exhibition shall be given in a tent, or enclosure of like character, the license shall be paid by the proprietor or proprietors of the circus or menagerie. Any person, being the proprietor of a circus or menagerie which shall exhibit in a tent, or enclosure of like character, desiring a license for the exhibition of the said circus or menagerie for the whole State, for one year, shall be entitled to receive the same upon the payment of one thousand dollars, to be paid to the treasurer of any county in the State to the use of the Commonwealth, and the provisions of this act herein before contained shall not be held to apply to such circus or menagerie paying such license for the whole State. The licenses herein before provided for shall be granted by the treasurer of the proper county, upon receiving the price of the same, the payment whereof shall entitle the person or persons paying the same to the use of the privileges conferred by this act. If any owner or owners, or lessee or lessees, of a building or buildings, the whole or part of which are fitted up and used for theatrical or operatic entertainments, or for the exhibition of museums, or the owner or owners of a building or buildings in which a circus or menagerie may be exhibited, or the proprietor or proprietors of a circus or menagerie exhibiting in a tent or enclosure of like character, shall hold or allow to be held in such building or buildings, tent or enclosure, any theatrical or operatic entertainment, or the exhibition of any museum, menagerie, or circus, within any city, borough, or township in this Commonwealth, without first having had and obtained a license as aforesaid, he or they so offending shall be liable to indictment, and, upon conviction thereof, shall pay for each such offense |