The Desecration And Profanation of the Pennsylvania Capitol

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The Desecration And Profanation of the Pennsylvania Capitol
Pennypacker, Samuel W. (Samuel Whitaker), 1843-1916
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It is through this authority that he has time and again called forth the National Guard, involving life and death to men and the expenditure of millions of dollars. In Hartranft's Appeal, 85 Penna. 433, where the questions arose over the killing of a number of persons under his orders, the Supreme Court decided that the Governor was "the sole judge not only of what his official duties are but of the time when they should be attended to, " and that "he must be the judge of the necessity requirin...g the exercise of the powers with which he is clothed. " It would have made no difference if the Court had not so decided.
While it would not be discreet or wise for the Governor to exercise such a power, he may, like Richelieu invoking the authority of Rome, in case of real necessity, order not only 55 the furnishing but the building of a Capitol irrespective of the Act of 1895 or an y other acts and it would be the duty of the Legisla- ture answering to their oaths to appropriate the money to pay for them.


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