Commonwealth of Pennsylvania, To the Honorable, the House of Representatives of the Commonwealth of Pennsylvania. Gentlemen: I return herewith, without my approval, House bill No. 100, entitled "An act validating certain sales of real estate, heretofore made by guardians, administrators, and executors by decree of orphans' court." This bill has a clear defect in that it attempts to validate sales made by guardians, administrators, and executors under decree of the orphans' court, regardless of the fact that the orphans' court may not have had jurisdiction over the matter. If the orphans' court did not have jurisdiction, it is questionable whether the Legislature could validate such sales. For these reasons this bill is not approved. MARTIN G. BRUMBAUGH. No. 11. AN ACT Making an appropriation for the payment of the expense of publication of amendments to the Constitution, for the three years beginning June first, one thousand nine hundred and twelve, and directing the Auditor General and the State Treasurer to cause the same to be paid. Section 1. Be it enacted, &c., That the additional sum of fortysix thousand and forty dollars and eighty cents ($46,040.80) is hereby specifically appropriated for the payment of the expenses already incurred for the publication, in the various newspapers of this Commonwealth, of the several amendments to the Constitution of this Commonwealth, for the three fiscal years beginning June first, one thousand nine hundred and twelve; which expense for these three fiscal years shall be adjusted and paid as follows: In the case of newspapers that published any other State advertising ordered by any State department since June first, one thousand nine hundred and thirteen, at the same rate that this Commonwealth approved and paid for such State advertising. In the case of newspapers which published no other State advertising ordered by any State department since June first, one thousand nine hundred and thirteen, at the rate they were, respectively, paid for the constitutional amendments published in any of the following years, one thousand nine hundred and nine, one thousand nine hundred and ten, and one thousand nine hundred and eleven; and the Auditor General is hereby directed to certify, and the State Treasurer to pay, the same, within twenty days after the passage of this act. Commonwealth of Pennsylvania, To the Honorable, the House of Representatives of the Commonwealth of Pennsylvania. Gentlemen: I return herewith, without my approval, House bill No. 206, entitled "An act making an appropriation for the payment of the expense of publication of amendments to the Constitution, for the three years beginning June first, one thousand nine hundred and twelve, and directing the Auditor General and the State Treasurer to cause the same to be paid." This bill purports to adjust and settle and pay certain claims against the Commonwealth on a basis therein fixed. The bill makes an appropriation of a definite sum with which to conclude this transaction. I am informed by the Auditor General that these claims, if paid on the basis directed in this bill, will aggregate the sum of $91,760.65. As only the sum of $46,040.80 is in this bill appropriated for that purpose, the payment directed by the bill is incapable of accomplishment. In other words, the Auditor General is directed by the bill to perform an impossibility. The fact of this discrepancy between the amount required to pay these claims and the amount herein appropriated appears to have arisen because of a misunderstanding between the claimants and the statements given by the office of the Auditor General as to the amount required to pay these claims. Each party in interest appears to have acted in good faith. The one had in mind the amount required to settle the claims for 1913 and 1914, the other had in mind the amount required to settle these claims for 1912, 1913, and 1914, as the provisions of this bill direct. While I do not in any manner intend to approve or interfere with the method of adjustment and payment of claims under the jurisdiction of the Department of the Auditor General, neither do I intend by my disapproval of this bill to be understood as having disapproved these claims. In other words, I have no intention of being in any way judged as having given any opinion concerning them. By submission of these claims at once to the Board of Public Accounts the end desired by the claimants may be speedily attained. For these reasons this bill is not approved. MARTIN G. BRUMBAUGH. No. 12. AN ACT To protect the public health in cities of the first class in this Commonwealth: and for that purpose creating, in the Department of Public Health and Charities, four Bureaus, to be called the Bureaus of Hospitals and Charities, Health, Sanitation, and Housing; said Bureaus to have the supervision and control, in said cities, of Hospitals and Charities, Health, Sanitation, and Housing, as herein set forth, and other matters affecting the public welfare so far as regards the use and occupancy of public buildings, and of all buildings and the appurtenances thereto occupied, in whole or in part, as places of residence by more than two families, living separate and apart and providing for themselves; also the licensing, supervision, and control and the use of lodging-, rooming-, apartment-, and tenement-houses; creating a Sanitary Board, for the purpose of enforcing the provisions of this act; fixing the responsibility for violations of any of the provisions of this act; and also giving power to said Sanitary Board to make rules and regulations to govern certain conditions affecting health and sanitation, and the licensing of certain trades, industries, and premises; and providing for punishments and penalties for violations of any of the rules and regulations made by the Department of Public Health and Charities or by said Sanitary Board, under the powers granted by this act; also providing for the filing of liens; also providing for the inspection by the Bureau of Building Inspection and the Fire Marshal of said cities of the first class; and repealing all laws inconsistent herewith. Section 1. Be it enacted, &c., That on and after the first Monday of January, one thousand nine hundred and sixteen, the Department of Public Health and Charities, in cities of the first class in this Commonwealth, shall, for the purposes of carrying out the provisions of this act, consist of four bureaus, to be known respectively as the Bureau of Hospitals and Charities, the Bureau of Health, the Bureau of Sanitation, and the Bureau of Housing, each of said bureaus to be in charge of an official to be called the chief thereof. All chiefs of bureaus shall be appointed by the Director of the Department of Public Health and Charities. The number of other officers and employes of said bureaus, and their compensation, to be determined and fixed by the councils of said cities of the first class, by ordinances, on application made therefor by the Director of the Department of Public Health and Charities, who shall have the general supervision of the said bureaus and the duties of the officials and employes attached thereto. He shall make all appointments thereto, and promotions made necessary, in conformity with the existing laws governing appointments to positions in the Civil Service of cities of the first class. All chiefs of bureaus, before assuming the duties of their offices, shall be required to take the same oath of office as required by article seven, section one, of the Constitution of Pennsylvania, that relates to judicial, State, and county officers: Provided, That all of the officers and employes appointed and now acting and on duty in any of the present bureaus in said Department of Public Health and Charities, who, by the provisions of this act, are transferred to any other bureau created by this act, shall not be subject to any further examination for eligibility to serve in the departments to which they may be transferred. Section 2. The Director of the Department of Public Health and Charities, together with the chiefs of the bureaus herein created, shall constitute a Sanitary Board, which board is hereby authorized, empowered, and directed to adopt and promulgate suitable rules and regulations to carry out and enforce the provisions of any existing laws of this Commonwealth relating to hospitals, charities, health, sanitation, and housing; and also the provisions of this act, or any ordinance of said cities of the first class, relating to the subject-matters in charge of said Department of Public Health and Charities and its bureaus. Any person who shall refuse or neglect to comply with the requirements of any of said rules or regulations, or any of the provisions of this act, after publication and notice of said rules and regulations as hereinafter fixed, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be sentenced to pay a fine of not more than five hundred dollars, within the discretion of the court: Provided, however, That all such rules and regulations, when adopted, shall be first approved by the Select Councils of cities of the first class: Provided further, That such rules and regulations hall be first published in three of the daily newspapers, in cities of the first class, of the largest circulation, to be determined by the Director of the Department of Public Health and Charities; and they shall also be printed in pamphlet form for public distribution, and shall be evidence in all cases brought in any court for a violation of any of the said rules and regulations: Provided further, That any court of record, before which any person may be brought for trial for violation of said rules and regulations, shall have the right and power to pass upon the legality and reasonableness of the same: Provided further, That said rules and regulations shall not be considered to repeal the provisions of any law of this Commonwealth applicable to the subject-matter of charities, health, sanitation, or housing, except as hereinafter provided. Section 3. The Bureau of Hospitals and Charities shall have charge of the care, management, administration, and supervision of all hospitals, charities, almshouses, and other similar institutions, the maintenance, control, or government of which is entrusted to the city; and all laws relating to such subjects as may be embraced within the provisions of any act of Assembly of this Commonwealth, or the ordinances of cities of the first class, relating to any of the subjects named, as being within e powers and duties of the said Bureau of Hospitals and Charities: Provided, That said bureau shall not have charge of hospitals maintained by said city for contagious diseases. Section 4. The Bureau of Health shall have the care, management, and control of all health inspectors, and the enforcement of its rules and regulations, and the provisions of any act of Assembly of this Commonwealth, or the ordinances of the cities of the first class, relating to vital statistics, contagious diseases, and boards or bureaus of health, except such as may be herein specifically designated as coming within the powers and duties of the Bureaus of Hospitals and Charities, Sanitation, and Housing; and, further, shall have the power and duties as are now exercised by any bureaus or boards of health in cities of the first class in this Commonwealth, except otherwise provided in this act; shall have charge of all hospitals maintained by said city for treatment of contagious diseases, all physicians appointed for the purpose of guarding the public health, the pupils of public schools and other public institutions, and all physicians having the care of the teeth and eyes of the pupils of the public schools in cities of the first class. Section 5. The Bureau of Sanitation, through the Division of Plumbing and House Drainage, hereinafter provided for, shall have full charge of the enforcement of all laws of this Commonwealth, and the rules and regulations of said Sanitary Board, relating to the plumbing, drainage, and sewerage of all buildings in cities of the first class, no matter for what purpose they may be used. The Director of the Department of Public Health and Charities, in cities of the first class, shall cause to be organized in the Bureau of Sanitation a division thereof, to be known as the Division of Plumbing and House Drainage, which said division shall have power to enforce all regulations and rules governing plumbing in cities of the first class, including fixtures, pipes, and all facilities and appliances, more especially sinks, drains, and cesspools, the construction of which and the materials to be used for the purpose of preventing the emission of gases or air from sewers or cesspools, or any receptacle for the holding of excremental filth or any other kind of filth, whether liquid or solid, and the conditions necessary for the sanitation of all buildings, no matter for what purpose they may be used: Provided, That no building shall be erected without being connected with a public sewer, unless because of local conditions it may become necessary to adopt some other method of disposal satisfactory to the board and Bureau of Health and Sanitation, and, if it becomes necessary to use any part of a public highway to meet the plans or method agreed upon, the owner of said building or buildings shall have the right to build or construct the same under any public street or highway, in accordance with the rules and regulations of the Bureau of Surveys of said city. All subjects relating to the drainage of courts, yards, areas, and alleys; rain leaders, rain conductors, waste- and drain-pipes, and all sewerage connected with any building; all water-closets, their number and location; and all privies and the method of their construction, and the amount of the water supplied and plumbing necessary to a general good sanitary condition of the premises, shall be subject to all the rules and regulations that may be made and promulgated, as herein before provided, by the said Sanitary Board. The chief officer in immediate charge of the Division of Plumbing and House Drainage, and each of the persons who may perform the duties of the examination of plans of proposed plumbing-work or the inspection of plumbing and drainage-work, or who may perform any of the technical work necessary in the division, shall be required to have at least five years' practical experience in the trade or profession of plumbing. Section 6. The sanitary condition of all houses used for the purpose of residence, and the appurtenances to such houses or buildings, so far as regards the keeping of animals or fowls and the slaughtering of the same in or on said properties, or the premises adjoining, shall be subject to rules and regulations as may be promulgated and issued by the said Sanitary Board in said cities of the first class, The Bureau of Sanitation shall have the authority |