DEPARTMENT OF STATE AND FINANCE.

The Secretary of the Commonwealth is the head of the Department of State and Finance. He is appointed by the Governor and confirmed by the Senate. He is also a member of the Board of Pardons, the Board of Finance and Revenue, the Retirement Board of the State Employes' Retirement System, and the Board to License Private Bankers.

His duties bring him into intimate relations with the Governor, as nearly all the official transactions of the latter pass through his hands, and a record of all his official acts is kept in the State Department. The Secretary is the keeper of the seal of the State, and affixes it to and countersigns such instruments as the law requires. He is also the State budget officer. The act of May twenty-fifth, one thousand nine hundred and seven, requires that all fees, percentages and commissions received by him, by virtue of his office as Secretary of the Commonwealth, or on collection made by him as such, shall be paid daily into the State Treasury.

He is the custodian of the laws and resolutions passed by the Legislature, and they and the veto messages of the Governor are prepared for publication under his supervision.

The official bonds and recognizances of all State, county and municipal officers and notaries public, whom the Governor commissions, are kept in the Department, and all commissions, appointments and proclamations issued by the Governor are countersigned and a record thereof kept by the Secretary of the Commonwealth.

Under the general corporation laws of the State, proceedings for the organization of all corporations for profit, the amendment of their charters, the purchase and sale of franchises and property or merger and consolidation of companies, the change of their corporate names and extension of route by street railway companies, their reorganization after judicial sale, are all conducted under the scrutiny of the Secretary of the Commonwealth and recorded in his department. Proceedings for the increase or decrease of stock or indebtedness, change in par value of shares, change in location of principal office, and decrees of dissolution of all corporations are required to be filed therein.

No foreign corporation can lawfully do business in this State, without first appointing the Secretary of the Commonwealth and his successor in office to be its true and lawful attorney and authorized agent, upon whom all lawful process in any action or proceeding against it may be served; the power of attorney shall be executed with the seal of the corporation, and signed by the president and secretary thereof; and shall contain a statement showing the title and purpose of said corporation, the location of its principal place of business in the Commonwealth and the post office address within the Commonwealth to which the Secretary of the Commonwealth shall send by mail any process against it served on him.

The Secretary of the Commonwealth is also the custodian of the election returns for National, State and such county officers as receive commissions, and he compiles and publishes the returns of the State elections.

He keeps a record of all death warrants, respites, pardons, remittances of fines and forfeitures and commutations of sentences.

Proceedings in regard to interstate extradition for fugitives from justice are examined, passed upon and approved by him before the executive order is made thereon.

There are also many ministerial duties of a minor character performed by the Secretary of the Commonwealth.

Rules Governing Application for Letters Patent, Etc.

Corporations of the Second-Class.

The following rules governing the applications for and the granting of Letters Patent, and concerning the practice of this office with reference to corporations, founded upon the Acts of Assembly and the opinions of the Attorney General, are submitted for the guidance of those interested.

Notices.

The notice of an intention to apply for a charter should give the names of at least three incorporators, designate the time when application will be made to the Governor for the charter, the Act of Assembly under which it is made, and the purpose proposed.

Twenty-one days' notice must be given of the intended application, by weekly advertisement in two newspapers of general circulation, printed in the proper county.

Legal or technical publications or papers not printed in the English language are not regarded as in this class; but additional publications may be made in them, if desired.

The proof of the publication of the notice must be filed in this office upon the maturity of the certificate.

Filing of Certificate.

The certificate of organization should be on file in this office during the period of publication and the Letters Patent fee and bonus fee should accompany the application.

This rule greatly facilitates business, as applications are examined when received, and needed changes or corrections can thus be made before the maturity of the notice. Readvertisement will be required on applications received thirty days after the time designated in the notice.

Attorneys or others who have forwarded papers to this office, on which no further action has been taken, will after sixty days from such receipt, be requested to complete the same, or they will be either returned or certified to the Attorney General for such action as he may deem proper.

All charters, after approval by the Governor, must be recorded in the office of the Secretary of the Commonwealth.

Public Service Companies.

Applications for the incorporation, organization, creation, and the removal or amendment of the charters of public service corporations, and proceedings evincing the sale, assignment, transfer, lease, consolidation or merger of such corporations, should be filed in duplicate in this Department.

Contents of Certificate and Statement of Purpose.

The certificate must have at least three incorporators and at least two subscribers, one of whom must be a citizen of this Commonwealth, and must be acknowledged and verified by at least two subscribers.

The object of the corporation should be restricted to the purpose set forth distinctly in one clause of the incorporation act, and be so concisely stated as to avoid all diversity.

Special care should be taken that ONLY THE PURPOSE IS STATED AND NOT THE POWERS which come to the corporation by grant of law, and that the certificate be confined to the statement of but a single purpose. Certificates for the incorporation of manufacturing and mercantile companies should describe in a general way the character of the articles or goods to be manufactured or sold.

Whenever the certificate of organization of a proposed corporation is received and is found not to be in proper form, it will be promptly returned. A new certificate conforming to the law and to the requirements of this office may be prepared, executed and forwarded for approval.

Certificates of incorporation or articles of association, containing erasures or interlineations will not be accepted.

The designated place of business of the corporation is where the corporate functions are to be exercised, and only one office can be named as such.

A married woman may be named as a director, treasurer or one of the two subscribers to the articles of incorporation.

A typewritten list of all signatures should accompany all papers filed in this Department.

Applications for railroad and street railway charters should be filed in triplicate.

Time of Application.

Charters will not be granted on Saturday, or on any legal holiday, as the State Treasury is closed on these days.

All papers, required to be filed in this Department, may be filed only between the hours of 8 A. M. and 5 P. M., on week days, except Saturday or any legal holiday. Such papers may be filed on Saturday only, between the hours of 8 A. M. and noon.

Protests and Hearings.

Protests against the issuing of Letters Patent upon any application should be filed in duplicate in this office as soon after the first publication of notice as practicable. The protest should briefly set forth the ground of opposition and the interest of the protestants; and must be specific, giving the full and correct name of the company against whose application it is filed, and designating the date when the application is advertised to be made. A day for hearing will then be appointed, at which time all parties will be heard by counsel or in person.

Increase and Decrease of Stock and
Indebtedness.

Returns of election upon increase or decrease of capital stock should not be combined with the return of election upon increase or decrease of indebtedness. The return of the President or Treasurer as to the actual making of the authorized increase or decrease should be made separately from the election return, and not attached thereto, and is required by law to be made within thirty days after the actual increase or decrease. The return of increase should specify the terms thereof, whether for cash, for materials, labor or property.

Waivers of notice of publication should be accompanied by the affidavit of the Secretary showing that the persons subscribing to the waiver are the owners of all the outstanding and issued capital stock of the corporations.

Cooperative Associations.

Cooperative associations are corporations, and are subject to all the requirements of the Corporation Laws as to bonus and fees due the State. The amount of the original capital must be specified in the Article of Association. The purpose of the association and the terms upon which persons may become members should be clearly and succinctly stated.

Foreign Corporations.

Foreign corporations, proposing to do business in this State, should first file a power of attorney in the form prescribed by this

Department, appointing the Secretary of the Commonwealth and his successors their true and lawful attorney and authorized agent upon whom all lawful process in any action or proceeding against them may be served.

Bonus and Fees.

Upon the granting of a charter the whole bonus, which is one-third of one per centum of the capital stock, is payable through this office by all corporations except building and loan associations; all checks or drafts should be drawn to the order of the "State Treasurer."

Blank Forms.

Blanks for applications for charters, proof of publication, increase or decrease of capital stock, or indebtedness, president's returns, waivers and statements by foreign corporations, etc., will be furnished on application.

Assumed or Fictitious Name Regis-
trations.

Any individual or individuals carrying on or conducting business in Pennsylvania under an assumed or fictitious name should register the same in the office of the Secretary of the Commonwealth as required by the Act of June 28, 1917, P. L. 645. If the individuals so registered subsequently desire to have their registration cancelled, or if certain of them desire notations of withdrawal from the business so registered, to be entered on the records, this may be effected under the provisions of the Act of June 20, 1919, P. L. 542.

Articles of Cooperative Association

(including copies),

26 00

Petitions, etc., requesting such appointments must be sent to the Governor.

Resignations should be addressed to the Governor and forwarded to him for his acceptance. Military commissions are also issued upon receipt of written orders from the Governor and the Adjutant General.

Rules of Practice Relating to Requisitions.

The application for the requisition must be made by the district or prosecuting attorney for the county or district in which the offense was committed, and must be in duplicate original papers, or certified copies thereof.

The following must appear by the certificate of the district or prosecuting attorney.

(a.) The full name of the person for whom extradition is asked, together with the name of the agent proposed, to be properly spelled, in Roman capital letters, for example: JOHN DOE.

(b.) That in his opinion the ends of public justice require that the alleged criminal be brought to this State for trial at public expense.

(c.) That he believes he has sufficient evidence to secure the conviction of the fugitive.

(d.) That the person named as agent is a proper person, and that he has no private interest in the arrest of the fugitive.

(e.) If there has been any former application for a requisition for the same person, growing out of the same transaction, it must be so stated, with an explanation of the reasons for a second request, together with the date of such application, as near as may be.

(f.) If the fugitive is known to be under either civil or criminal arrest in the state or territory to which he is alleged to have fled, the fact of such arrest and the nature of the proceedings on which it is based must be stated.

(g.) That the application is not made for the purpose of enforcing the collection of a debt, or for any private purpose whatever, and that if the requisition applied for be granted, the criminal proceedings shall not be used for any of said objects.

(h.) The nature of the crime charged, with a reference, when practicable to the particular statute defining and punishing the same.

(1.) If the offense charged is not of recent occurence, a satisfactory reason must be given for the delay in making the application.

1. In all cases of fraud, false pretenses, embezzlement or forgery, when made a crime by the common law, or any penal code or statute, the affidavit of the principal complaining witness or informant that the application is made in good faith, for the sole purpose of punishing the accused and that he does not desire or expect to use the prosecution for the purpose of collecting a debt, or for any private purpose, and will not directly or indirectly use the same for any of said purposes, shall be required, or a sufficient reason be given for the absence of such affidavit.

2. Proof by affidavit of facts and circumstances satisfying the Executive that has the the alleged criminal fled from

Justice of the State and is in the State on whose Executive the demand is requested to be made, must be given. The fact that alleged criminal was in the State where the alleged crime was committed at the time of the commission thereof, and is found in the State upon which the requisition was made, shall be sufficient evidence in the absence of other proof, that he is a fugitive from justice.

3. If an indictment has been found, certified copies, in duplicate, must accompany the application.

4. If an indictment has not been found by a grand jury, the facts and circumstances showing the commission of the crime charged, and that the accused perpetrated the same, must be shown by affidavit taken before a magistrate (a notary public is not a magistrate within the meaning of the Statutes), and that a warrant has been issued and duplicate certified copies of the same, together with the returns thereto, if any, must be furnished with the application.

5. The official character of the officer taking the affidavits or depositions and of the officer who issued the warrant must be duly certified.

6. Upon the renewal of an application, for example: On the ground that the fugitive has fled to another State, not having been found in the State on which the first was granted, new ог certified copies of papers in conformity with the above rules must be furnished.

7. In case of any person who has been convicted of any crime, and escaped after conviction, or while serving his sentence, the application may be made by the jailer, sheriff, or other officer having him in custody, and shall be accompanied by certified copies of the indictment or information, record of conviction, and sentence, upon which the person is held, with the affidavit of such person having him in custody, showing such escape, with the circumstances attending the same.

8. No requisition will be made for the extradition of any fugitive except in compliance with these rules.

Additional Suggestions.

1. At the Interstate Extradition Conference, held in New York, in August, 1887, it was resolved by the representatives of the several States: "That it is the sense of this conference that the Governors of the demanding States discourage proceed. ings for the extradition of persons charged with petty offenses, and that, except in special cases under aggravating circumstances, no demand should be made in such

cases.

2. Requisitions will not issue in cases of fornication and bastardy, desertion (except under special and aggravated circumstances), nor in any case to aid in collecting a debt or enforcing a civil remedy nor in cases in which the offense is of such a trivial character as to leave a doubt as to the issuing of a mandate thereon by the Executive of another State or Territory; nor in a case of seduction, until an indictment is found and the relations of the parties clearly established, so as to leave no doubt that the case is one of seduction, and not of fornication and bastardy.

4. All papers presented in connection with an application for a requisition must be in duplicate.

5. The agent should, when possible, be the sheriff of the county or his deputy. 6. Each application must be accompanied with the legal fee of three dollars.

Legislation and Elections.

The Department of State and Finance has charge of all legislation enacted by the General Assembly. The records of all acts and resolutions are filed and recorded in the office. Copy is prepared for the printer which includes the punctuation of the laws, the addition of marginal notes, proof reading, and indexing.

The Department also has charge of all matters relating to the nomination and election of State officers, and the certification thereof, as required by law.

Budget and Accounts.

The 18 Department of State and Finance charged with the collection, verification and summarization of all material and data for the preparation and submission of the biennial State budget by the Governor to the Legislature.

In keeping with the budget plan, a system of fiscal control is exercised by the Department of State and Finance over all spending agencies of the Commonwealth. Under this method, uniform accounts are prescribed and installed and periodical reports are received from each spending agency. Actual expenditures are reported by the standard accounts.

In addition, special reports are made to the Department of State and Finance by all the appointive Departments showing the costs of operating state-owned motor vehicles from which summarized tables and charts are prepared. STATE EMPLOYES' RETIREMENT BOARD.

By Act No. 331, approved June 27, 1923, a State Employes' Retirement System was created, a State Employes' Retirement Association was organized, and a State Employes' Retirement Board was constituted as a departmental administrative board within the Department of State and Finance.

The Board consists of the Secretary of the Commonwealth, the State Treasurer, one member appointed by the Governor, and two members elected by the employe membership of the Association from among their number.

The purpose of the System is to provide a definitely guaranteed income during old age to employes of the State who have had sufficient service. The System is contributory, the members paying half and the State half of the costs of the annuities with the exception that the State allows full credit for all service prior to January 1, 1924, and assumes all expenses for establishing and administering the affairs of the Retirement System. Four per cent interest compounded annually is guaranteed on all members' deductions, and in the event of separation from State service, a member's total deductions are returned with interest. In the event of an involuntary dismissal after ten years service, a member's annuity in lieu of the refund of deductions is optional.

There are special provisions for disability retirement, and several options under superannuation retirement, whereby an employe may provide protection for anyone who has an insurable interest in his or her life.

DEPARTMENT OF JUSTICE.

The head of the Department is the Attorney General who is the law officer of the Commonwealth. In addition to his duties as head of the Department of Justice, the Attorifey General is a member of the Board of Pardons, the Board of Finance and Revenue, the Board of Property, the Sanitary Water Board. the Pennsylvania Alcohol Permit Board and the Board of Commissioners on Uniform State Laws.