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was concurred in by the Senate January 23, 1906, and the other was adopted January 23, 1906, and concurred in by the Senate upon the same day, which two resolutions may be considered together.

One of them informs the Governor that it is the desire of the Legislature that he shall issue another supplementary proclamation, and the other requests the Governor to supplement his calls for an extraordinary session by another, designating four additional subjects. The five subjects mentioned in these resolutions are all of them, like many others which may be suggested, of interest and importance; but they are all subjects of general legislation which would require much time for consideration, and could be better presented at a regular than at an extraordinary session. It does not appear to me to be wise to increase the number of subjects before the Legislature for their action, and the request of each of these resolutions is, therefore, declined.

SAML. W. PENNYPACKER.

Veto No. 3.

In the House of Representatives,

Harrisburg, February 9, 1906. Whereas, Article 17, section 5, of the Constitution of Pennsylvania provides as follows:

"No incorporated company doing the business of a common carrier shall, directly or indirectly, prosecute or engage in mining or manufacturing articles for transportation over its works; nor shall such company, directly or indirectly, engage in any other business than that of common carriers, or hold or acquire lands, freehold or leasehold, directly or indirectly, except such as shall be necessary for carrying on its business; but any mining or manufacturing com. pany may carry the product of its mines and manufactories on its railroad or canal not exceeding fifty miles in length;"

Whereas, It is well known that the greater part of the anthracite coal lands are owned or leased, either directly or indirectly, by the Pennsylvania Railroad Company, the Philadelphia & Reading Railroad Company, and the Delaware & Lackawanna Railroad Company, and that said railroad companies are mining coal, either directly or indirectly, for the purpose of transporting the same over their several railroads, thus giving said railroads a monopoly in its transportation to market; and

Whereas, It is alleged by the coal miners that the price of said coal has been raised since the last Anthracite Strike one dollar to a dollar and a quarter per ton; yet the so-called operators are refusing to allow the miners an increase in wages, and thus another strike is threatened; therefore, be it

Resolved, by the House of Representatives (the Senate concurring) That the Attorney General be and he is hereby instructed to make careful inquiry, and if, after such investgation, he shall find any of said railroad companies, or any other railroad company in this Commonwealth, directly or indirectly violating the aforementioned section of the Constitution, he shall proceed in the law or equity

court of the Commonwealth to prevent such violation of the Constitution of the State.

THOMAS H. GARVIN,

Chief Clerk House of Representatives. The foregoing resolution was concurred in February 12, 1906.

FRANK A. JUDD, Chief Clerk of the Senate.

Commonwealth of Pennsylvania,

Executive Department,

Harrisburg, March 5, 1906. I file herewith, in the office of the Secretary of the Commonwealth, with my objections thereto, the resolution of the House of Representatives passed February 9th, 1906, and concurred in by the Senate February 12th, 1906, instructing the Attorney General to make careful inquiry, and if he shall find any railroad company in this Commonwealth violating Article XVII, Section five of the Constitution, to proceed in the law or equity court of the Commonwealth to prevent such violation. The subject matter of this resolution is not germane to any of the subjects designated in the proclamation of the Governor calling the extraordinary session, and is, therefore, prohibited by Article III, Section twenty-five, of the Constitution.

SAML. W. PENNYPACKER.

Veto No. 4.

In the House of Representatives,

Harrisburg, February 9, 1906. Whereas, In a special message to the Legislature, communicated through the medium of a Joint Committee representing the Senate and House of Representatives, which waited on him for the purpose of suggesting additional subjects of legislation to be considered during the present session, His Excellency Samuel W. Pennypacker, Governor of Pennsylvania, aptly observed that “when the wagon is full of corn it is better to unload into the crib before taking on any more. Come to me with suggestions as to further legislation during the special session after there has been a disposition made of those now before the Legislature. For the present, it does not appear to me to be wise to add to them, even though important matters may have been omitted;" and

Whereas, The public need of legislation to permit trolley railways to carry freight is so obvious and urgent that the House of Repre sentatives respectfully petitions His Excellency Samuel W. Pennypacker, Governor of the Commonwealth, to issue a proclamation reconvening the General Assembly, at the expiration of the present

special session, or when the corn now in the wagon has been unloaded into the crib, for the purpose of passing such enabling legislation with respect to trolley railways; be it

Resolved, by the House of Representatives (if the Senate concur), That the Governor is respectfully requested to issue a proclamation reconvening the General Assembly, at the expiration of the present session, for the purpose of passing such enabling legislation with respect to trolley railways.

THOMAS H. GARVIN,

Chief Clerk House of Representatives. The foregoing resolution was concurred in February 12, 1906.

FRANK A. JUDD, Chief Clerk of the Senate.

In the House of Representatives,

Harrisburg, February 12, 1906. Resolved, by the House of Representatives (if the Senate concur), That the Governor be and is hereby most respectfully requested to issue a proclamation reconvening the General Assembly, at the expiration of the present session, for the purpose of passing such legislation to fix the rate for railroads as not to exceed two cents per mile, within this Commonwealth, and to enact such other laws as will prevent railroads from charging excess on mileage books.

THOMAS H. GARVIN,

Chief Clerk House of Representatives. The foregoing resolution was concurred in February 13, 1906.

FRANK A. JUDD, Chief Clerk of the Senate.

Commonwealth of Pennsylvania,

Executive Department,

Harrisburg, March 5, 1906. The request contained in the resolution of the House of Representatives, adopted February 9th, 1906, and concurred in by the Senate, February 12th, 1906, that the Governor reconvene the General Assembly at the expiration of the then present session, for the purpose of passing legislation enabling trolley railways to carry freight; and the request contained in the resolution of the House of Representatives passed February 12th, 1906, and concurred in by the Senate February 13th, 1906, that the Governor issue a proclamation reconvening the General Assembly at the expiration of the ses. sion then present, for the purpose of passing legislation to fix the rate for railroads "as not to exceed two cents per mile,” are both declined.

SAML. W. PENNYPACKER.

Veto No. 5.
In the House of Representatives,

Harrisburg, February 12, 1906. Whereas, A strike of the workingmen of this Commonwealth employed in and about the anthracite coal mines is probable, due to the unfair wages and unjust conditions of employment; and

Whereas, The miners of said anthracite coal fields have declared that the operators of said coal mines retained for their own profit an unfair and unjust share of the proceeds of said mining industry, to the detriment of the miners thereof; and

Whereas, A strike in the coal industry of this State would work hardship and misery to hundreds of thousands of the people of this Commonwealth, and vast demoralization to the business interests thereof; and

Whereas, The public at large has never been able to obtain any true information as regards the actual profit accruing to the coal mine operators from the operations of their Anthracite coal mines, and can, therefore, form no true estimate as to the justice of the wages now paid the miners of this Commonwealth; and

Whereas, George F. Baer, President of the Philadelphia and Read. ing Railroad Company and the President of the Philadelphia and Reading Coal and Iron Company, in the public papers of the State, has issued the following statement, viz:

“My attention has been called to the possibility that there are a great many good people in the country who may take the actions of the Pennsylvania Legislature seriously, and that, therefore, some statement of the facts should be made.

"First, as to the right of the Reading Company who own the stock of coal companies: The Legislature seems to be the only law officers and law makers of the State who are ignorant of the provisions of the Constitution of 1873. All the corporations referred to obtained their rights and franchises under charters granted prior to the adoption of the new Constitution.

“The framers of the Constitution well know that these were vested rights, fully protected by the law of the land, and to prevent any misapprehension of the new Constitution explicitly declares in Article eighteen, Section two: 'And all rights, actions, prosecutions and contracts shall continue as if this Constitution had not been adopted.

"To still further set forth their meaning, they declare, in Article sixteen, that 'all existing charters, or grants of special or exclusive privileges, under which a bona fide organization shall not have taken place and business been commenced in good faith, at the time of the adoption of this Constitution, shall thereafter have no validity.'

“The Supreme Court of the State has several times passed upon the effect of the new Constitution in repealing vested rights and franchises, and has uniformly held that these constitutional limita. tions did not apply to corporations existing prior to the passage of the new Constitution.

“But all this can safely be left to the report of the Attorney General. The reign of law has not ceased in Pennsylvania, and investors in Pennsylvania securities need not be alarmed at the vagaries of the Legislature.

"Second, the resolution avers: 'It is alleged that the price of anthracite coal has been raised since the last anthracite coal strike one dollar to one dollar and twenty-five cents per ton, yet the so-called operators are refusing to allow the miners an increase in wages; thus another strike is threatened.'

“This is, in form, a cowardly statement; the falsity of which the public should know.

"Prior to 1900 the wages, as paid by the Philadelphia and Reading Coal and Iron Company were fixed by the sliding scale. In 1900, under the leadership of the United Mine Workers' Association, the labor troubles began. It is just, therefore, to compare prices and costs in 1899 with present costs and prices.

“The average price per ton received by the Coal and Iron Company for its coal, at the mines, in 1899, was $1.713; the average price per ton received in 1905 was $2.449. This shows an increase of 73 6-10 cents per ton in seven years.

“The increase in the cost of mining coal was 63 3-10 cents per ton, which was made up as follows: Labor cost, per ton, 1899, $1,067; labor cost, per ton, 1905, $1.584. The cost of materials increased from 34 4-10 cents in 1899 to 43 cents in 1905. In other words, the increased cost of production was: Labor, 1 7-10 cents; materials, 11 6-10 cents, or a total of 63 3-10 cents, leaving the coal company an increase of only 10 3-10 cents per ton in the last seven years. In point of fact, notwithstanding this increase of 10 3-10 cents per ton, if the Coal and Iron Company had charged the usual average royalty of 30 cents per ton for coal mined from its own mines, the operations of the Company would have resulted in a loss. By reference to the report of the Coal and Iron Company for the year 1999, it will be found that the surplus for that year was only $423,038.30. In the previous fiscal year there was a deficit of $53,524.54.

“But some one will ask, why is it that the Reading system is now making money and its stock advancing? Does it not make up in the transportation in anthracite that it loses in mining coal? Here again the facts will be a full answer to the suggestions.

"The transportation of anthracite coal is not the important factor in the increased revenue of the Reading system. As far back as 1877 the anthracite traffic was 61.60 per cent. of the total freight and passenger traffic receipts of the Philadelphia and Reading Railroad Company. Now, the receipts for miscellaneous traffic, which does not include bituminous coal or passenger traffic, exceed the receipts from anthracite coal traffic, and the proportion of anthracite traffic has diminished to 33.50 per cent.

“To-day the passenger receipts alone are equal to one-half the traffic receipts on anthracite coal. The increased prosperity of the Reading system is due to the increase of miscellaneous traffic, passenger traffic, and bituminous coal traffic. In point of fact, there has been a very small increase in traffic receipts from anthracite coal and no increase in rates thereon. The average receipts from traffic on anthracite coal for the last five years have been $10,334,850. The traffic receipts from same source in 1883 were $10,046,760, and in 1893, $10,123,575.

“These are the facts, and if any committee of the Legislature wants to verify their accuracy the books of the company are open for inspection.”

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