V, >p. IVl
ACTS
RESOLVES
PASSED BV THE
General (^m\i flf JUasjjathMdte,
IN THE YEAR
1920,
TOGETHER WITH
THE CONSTITUTION, THE REARRANGEMENT OF THE
CONSTITUTION, TABLES SHOWING CHANGES
IN THE STATUTES, ETC., ETC.
PUBLISHED BY THE
SECRETARY OF THE COMMONWEALTH.
BOSTON:
WRIGHT & POTTER PRINTING CO., STATE PRINTERS,
32 DERNE STREET.
1920.
A CONSTITUTION
FORM OF GOVERNMENT
QIt|p (Eommmtmealtli of ilaBHarljuartta
PREAMBLE. «
The end of the institution, maintenance, and administra- objects of tion of government, is to secure the existence of the body government. politic, to protect it, and to furnish the individuals who compose it with the power of enjoying in safety and tran- quillity their natural rights, and the blessings of life: and whenever these great objects are not obtained, the people have a right to alter the government, and to take meas- ures necessary for their safety, prosperity, and happiness.
The body politic is formed by a voluntary association Body politic, of individuals: it is a social compact, by which the whole itTnl't™e!*^' people covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the common good. It is the duty of the people, therefore, in framing a constitution of government, to pro- vide for an equitable mode of making laws, as well as for an impartial interpretation and a faithful execution of them; that every man may, at all times, find his security in them.
We, therefore, the people of Massachusetts, acknowl- edging, with grateful hearts, the goodness of the great Legislator of the universe, in affording us, in the course of His providence, an opportunity, deliberately and peace- ably, without fraud, violence, or surprise, of entering into
CONSTITUTION OF THE
an original, explicit, and solemn compact with each other; and of forming a new constitution of civil government, for ourselves and posterity; and devoutly imploring His direction in so interesting a design, do agree upon, ordain, and establish, the following Declaration of Rights, and Frame of Government, as the Constitution of the Com- monwealth OP Massachusetts.
Equality and natural rights of all men.
Right and duty of public reli- gious worship. Protection therein . 2 Cush. 104. 12 Allen, 129. See amend- ments, Arts. XLVI and XL VIII.
Amendments, Art. XI, substi- tuted for this.
Legislature empowered to compel provi- sion for public worship.
PART THE FIRST.
A Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts.
Article I. All men are born free and equal, and have certain natural, essential, and unalienable rights; among which may be reckoned the right of enjoying and defend- ing their lives and liberties; that of acquiring, possess- ing, and protecting property; in fine, that of seeking and obtaining their safety and happiness.
II. It is the right as well as the dutj' of all men in society, publicly, and at stated seasons, to worship the Supreme Being, the great Creator and Preserver of the universe. And no subject shall be hurt, molested, or restrained, in his person, liberty, or estate, for worship- ping God in the manner and season most agreeable to the dictates of his own conscience; or for his religious pro- fession or sentiments; provided he doth not disturb the public peace, or obstruct others in their religious worship.
III. [As the happiness of a people, and the good order and preservation of civil government, essentially depend upon piety, religion, and morality; and as these cannot be generally diffused through a community but by the institution of the public worship of God, and of public instructions in piety, religion, and morality: Therefore, to promote their happiness, and to secure the good order and preservation of their government, the people of this commonwealth have a right to mvest their legislature with power to authorize and require, and the legislature shall, from time to time, authorize and require, the several towns, parishes, precincts, and other bodies politic, or religious societies, to make suitable provision, at their own expense, for the institution of the public worship of God, and for the support and maintenance of public Protestant teachers
COMMONWEALTH OF MASSACHUSETTS. 5
of piety, religion, and morality, in all cases where such provision shall not be made voluntarily.
And the people of this commonwealth have also a right Legislature
■^ r 1^ . . . . . to enjoin
to, and do, invest their legislature with authority to enjoin attendance upon all the subjects an attendance upon the instructions of the public teachers aforesaid, at stated times and sea- sons, if there be any on whose instructions they can con- scientiously and conveniently attend.
Provided, notwithstanding, that the several towns, par- Exclusive right ishes, precincts, and other bodies politic, or religious socie- gious teachers ties, shall, at all times, have the exclusive right of electing ^^'^^'^^ ' their public teachers, and of contracting with them for their support and maintenance.
And all moneys paid by the subject to the support of ^gj,^" 'Irochiai public worship, and of the public teachers aforesaid, shall, taxes may be if he require it, be uniformly applied to the support of the etc. ' public teacher or teachers of his own religious sect or de- nomination, provided there be any on whose instructions he attends; otherwise it may be paid towards the support of the teacher or teachers of the parish or precinct in which the said moneys are raised.
And every denomination of Christians, demeaning them- ah denomina- selves peaceably, and as good subjects of the common- protected^ ^ wealth, shall be equally under the protection of the law: g^bordination and no subordination of any one sect or denomination to oforiesectto another shall ever be established by law.] hibited.
IV. The people of this commonwealth have the sole Right of self and exclusive right of governing themselves, as a free, f^^'v^Td™^'** sovereign, and independent state; and do, and forever hereafter shall, exercise and enjoy every power, jurisdic- tion, and right, which is not, or may not hereafter be, by
them expressly delegated to the United States of America, in Congress assembled.
V. All power residing originally in the people, and '^^^1°^^^^^}^^ being derived from them, the several magistrates and etc. ofKcers of government, vested with authority, whether legislative, executive, or judicial, are their substitutes
and agents, and are at all times accountable to them.
VI. No man, nor corporation, or association of men, Services ren- have any other title to obtain advantages, or particular public being and exclusive privileges, distinct from those of the com- pe^uHa^privi-*" munity, than what arises from the consideration of serv- [Iry officS'are ices rendered to the public; and this title being in ^nna^urTi.'^ nature neither hereditary, nor transmissible to children.
CONSTITUTION OF THE
Objects of gov- ernment; right of people to institute and change it.
Right of people to secure rota- tion in office.
All, having the qualifications prescribed, equally eligible to office. For the de6nition of "inhabitant," see Part the Second, Ch. 1, Sect. 2, Art. II.
Right of protec- tion and duty of contribution correlative. Taxation founded on consent. 16 Mass. 326. 1 Pick. 418. 7 Pick. 344. 12 Pick. 184, 467. 16 Pick. 87. 23 Pick. 360. 7 Met. 388. 4 Gray, 474. 7 Gray, 363. 14 Gray, 154. 1 Allen, 150. 4 Allen, 474. Private prop- erty not to be taken for public uses without, etc.
See amend- ments. Arts. XXXIX and XL VII.
or descendants, or relations by blood, the idea of a man born a magistrate, lawgiver, or judge, is absurd and unnatural,
VII. Government is instituted for the common good; for the protection, safety, prosperity, and happiness of the people; and not for the profit, honor, or private interest of any one man, family, or class of men: Therefore the people alone have an incontestable, unalienable, and inde- feasible right to institute government; and to reform, alter, or totally change the same, when their protection, safety, prosperity, and happiness require it.
VIII. In order to prevent those who are vested with authority from becoming oppressors, the people have a right, at such periods and in such manner as they shall establish by their frame of government, to cause their public officers to return to private life; and to fill up vacant places by certain and regular elections and ap- pointments.
IX. All elections ought to be free; and all the inhab- itants of this commonwealth, having such qualifications as they shall establish by their frame of government, have an equal right to elect officers, and to be elected, for public
employments. See amendments. Art. XLV. 122 Mass. 595, 596.
Freedom of elections, not to be the subject of an initiative or referendum petition. See amendments. Art. XLVIII, The initiative, II, sect. 2. For compulsory voting, see amendments. Art. LXI.
X. Each individual of the society has a right to be protected by it in the enjoyment of his life, liberty, and property, according to standing laws. He is obliged, con- sequently, to contribute his share to the expense of this protection; to give his personal service, or an equivalent, when necessary: but no part of the property of any indi- vidual can, with justice, be taken from him, or applied to public uses, without his own consent, or that of the repre- sentative body of the people. In fine, the people of this commonwealth are not controllable by any other laws than those to which their constitutional representative body have given their consent. And whenever the pub- lic exigencies require that the property of any individual should be appropriated to public uses, he shall receive a reasonable compensation therefor.
6 Cush. 327. 12 Allen, 223, 230. 108 Mass. 202, 213. 126 Mass. 428, 441.
14 Gray, 155. 100 Mass. .544, 560. Ill Mass. 130. 127 Mass. 50, 52,
16 Gray, 417,431. 103 Mass. 120, 624. 113 Mass. 45. 358, 363, 410, 413.
I Allen, 150. 106 Mass. 356, 362. 116 Mass. 463. 129 Mass. 559.
II Allen, 530.
Right to receive compensation for private property appropriated to public use, not to be the subject of an initiative or referendum petition. See amendments, Art. XLVIII, The initiative, II, sect. 2.
COMMONWEALTH OF MASSACHUSETTS. 7
XI. Every subject of the commonwealth ought to find J^c^reHo tL a certain remedy, by having recourse to the laws, for all compkteVnT' injuries or wrongs which he may receive in his person, prompt. property, or character. He ought to obtain right and
justice freely, and without being obliged to purchase it; completely, and without any denial; promptly, and with- out delay ; conformably to the laws.
XII. No subject shall be held to answer for any crimes Prosecutions or offence, until the same is fully and plainly, substantially rpkk.'2ii. and formally, described to him ; or be compelled to accuse, is pick! 434. or furnish evidence against himself. And every subject 2^Met'^32^9*^' shall have a right to produce all proofs that may be favor- Pc^av^i^'*^" able to him; to meet the witnesses against him face to face, | Grayl leo. and to be fully heard in his defence by himself, or his 10 Gray, 11.' counsel, at his election. And no subject shall be arrested, 2Anen^'36i.' imprisoned, despoiled, or deprived of his property, immu- 24of264,'4f9r nities, or privileges, put out of the protection of the law, t2\iien. no. exiled, or deprived of his life, liberty, or estate, but by the gyg^'*®®- ^^'^' judgment of his peers, or the law of the land.
100 Mass. 287, 295. 108 Mass. 5, 6. 122 Mass. 332. 127 Mass. 550, 554.
103 Mass. 418. 118 Mass. 443, 451. 124 Mass. 464. 129 Mass. 559.
107 Mass. 172, 180. 120 Mass. 118, 120.
Right of access to and protection in courts of justice, not to be the subject of an initia- tive or referendum petition. See amendments, Art. XLVIII, The initiative, II, sect. 2.
And the legislature shall not make any law that shall ^^^uV^in"^^ subject any person to a capital or infamous punishment, criminal cases, excepting for the government of the army and navy, with- rGray,^329, out trial by jury. mMass. 4i8.
Right of trial by jury, not to be the subject of an initiative or referendum petition. See amendments. Art. XLVIII, The initiative, II, sect. 2.
XIII. In criminal prosecutions, the verification of facts. Crimes to be in the vicinity where they happen, is one of the greatest viSntfy.'' ^^'^ securities of the life, liberty, and property of the citizen. i2r'Mass^6i, 62.
XIV. Every subject has a right to be secure from all Right of search
11 1 1 . i> 1 • 1 • and seizure
unreasonable searches, and seizures, or his person, his regulated. houses, his papers, and all his possessions. All warrants, Amend^/iv. " therefore, are contrary to this right, if the cause or founda- I cush^leg. tion of them be not previously supported by oath or affir- \^^q^I' ^454 mation, and if the order in the warrant to a civil officer, i^A'i®"' t'll-
1 1 • , , '100 Mass. 136,
to make search in suspected places, or to arrest one or 139.
, J X • I1 • X u J. 126 Mass. 269,
more suspected persons, or to seize their property, be not 273. accompanied with a special designation of the persons or objects of search, arrest, or seizure: and no warrant ought to be issued but in cases, and with the formalities pre- scribed by the laws.
Protection from unreasonable search, not to be the subject of an initiative or refer- endum petition. See amendments, Art. XLVIII, The initiative, II, sect. 2.
8 CONSTITUTION OF THE
by^uU^sicfed, ^V. In all controversies concerning property, and in Conlf'o/u s ^^^ suits between two or more persons, except in cases in fp-^k'^ssl^^" ' ^h^*^h ^^ ^^s heretofore been otherways used and practised,
7 Pick! 366! the parties have a right to a trial by jury; and this method
8 Gray! 373! of proccdure shall be held sacred, unless, in causes arising 11 Allen, 574, ^^^ ^j^^ high scas, and such as relate to mariners' wages, m Mass. 45, 47. ^j^^ legislature shall hereafter find it necessary to alter it.
114 Mass. 388, 390. 122 Mass. 505, 516. 125 Mass. 182, 188.
120 Mass. 320, 321. 123 Mass. 590, 593. 128 Mass. 600.
Right of trial by jury, not to be the subject of an initiative or referendum petition. See amendments, Art. XLVIII, The initiative, II, sect. 2.
pri"^*^ **^ ^^'^ XVI. The liberty of the press is essential to the secu- rity of freedom in a state: it ought not, therefore, to be restrained in this commonwealth.
Freedom of the press, not to be the subject of an initiative or referendum petition. See amendments, Art. XLVIII, The initiative,* II, sect. 2.
Right to keep XVII. The pcoplc havc a right to keep and to bear
and bear arms. n , 1 1 <. a 1 • j.- e
Standing armies arms lor the comuiou dcience. And as, in time oi peace, Military power armics are dangerous to liberty, they ought not to be subordinate to j^fjjj^iained without the consent of the legislature; and 5 Gray, 121. ^j^^ military power shall always be held in an exact subor- dination to the civil authority, and be governed by it. Moral quabfica- XVIII. A freCiUeut recurrcuce to the fundamental
tions for office. ... 1.1 •• 1 jj_ii
principles or the constitution, and a constant adherence to those of piety, justice, moderation, temperance, indus- try, and frugality, are absolutely necessary to preserve the advantages of liberty, and to maintain a free government. The people ought, consequently, to have a particular atten- tion to all those principles, in the choice of their officers and Moral obiiga- representatives: and they have a right to require of their
tions of law- '. , . • j.j.i_
givers and lawgivcrs aiid magistrates an exact and constant observance magistrates. ^^ them, in the formation and execution of the laws neces- sary for the good administration of the commonwealth. tofnstmct!^^-*' XIX. The people have a right, in an orderly and peace- resentatives ghlc manner, to assemble to consult upon the common
and petition , '. . , , 1 • , . • 1 .
legislature. good; givc instructious to their representatives, and to request of the legislative body, by the way of addresses, petitions, or remonstrances, redress of the WTongs done them, and of the grievances they suffer.
Right of peaceable assembly, not to be the subject of an initiative or referendum petition. See amendments. Art. XLVIII, The initiative, II, sect. 2.
Pojl^^tosus- - XX. The power of suspending the laws, or the execu- or their execu- ^ion of thc laws, ought ucvcr to be exercised but by the
tion
legislature, or by authority derived from it, to be exer-
COMIMONWEALTH OF IVIASSACHUSETTS. 9
cised in such particular cases only as the legislature shall expressly provide for.
Modified by the popular initiative and referendum. See amendments, Art. XLVIII, I, Definition.
XXI. The freedom of deliberation, speech, and debate, freedom of de- •
, i> 1 1 • 1 • "1 1 bate, etc., and
ni either house or the legislature, is so essential to the reason thereof. rights of the people, that it cannot be the foundation of any accusation or prosecution, action or complaint, in any other court or place whatsoever.
Freedom of speech, not to be the subject of an initiative or referendum petition. See amendments, Art. XLVIII, The initiative, II, sect. 2.
XXII. The legislature ought frequently to assemble Frequent ses-
(..i 1 a ' £ j.*'^j.j.l* sions, and ob-
lor the redress or grievances, tor correcting, strengthening, jeets thereof. and confirming the laws, and for making new laws, as the common good may require.
XXIII. No subsidy, charge, tax, impost, or duties Taxation ought to be established, fixed, laid, or levied, under any consent. *"* pretext whatsoever, without the consent of the people or ^ ^^^®°' ^^^' their representatives in the legislature.
XXIV. Laws made to punish for actions done before ex post facto
,1 • , p 11 1 1 • 1 1 J. 1 1 laws prohibited.
the existence or such laws, and which have not been de- 12 Alien, 421, clared crimes by preceding laws, are unjust, oppressive, *-*'*-S'*^*- and inconsistent with the fundamental principles of a free government.
XXV. No subject ought, in any case, or in any time. Legislature not to be declared guilty of treason or felony by the legis- tre^on,'e\c°.^ lature.
XXVI. No magistrate or court of law shall demand Excessive bail
. ".. .„ .^. or fines, and
excessive bail or sureties, impose excessive fines, or inflict cmeipunish-
, 1-1 , ments, pro-
cruel or unusual punishments. 5 Gray, 482. hibited.
Protection from unreasonable bail, not to be the subject of an initiative or referendum petition. See amendments, Art. XLVIII, The initiative, II, sect. 2.
XXVII. In time of peace, no soldier ought to be quar- No soldier to be tered in any house without the consent of the owner; and a'n^ho'itsl,"' in time of war, such quarters ought not to be made but ^^^^^s, etc. by the civil magistrate, in a manner ordained by the legis- lature.
XXVIII. No person can in any case be subject to law- citizens exempt martial, or to any penalties or pains, by virtue of that law, tia™unie"s"^etc. except those employed in the army or navy, and except
the militia in actual service, but by authority of the legis- lature.
Protection from law-martial, not to be the subject of an initiative or referendum petition. See amendments, Art. XLVIII, The initiative, II, sect. 2.
10
CONSTITUTION OF THE
Judges of su- preme judicial court.
3 Pick. 471. 1 Gray, 472.
4 Allen, 591. 7 Allen, 385. 105 Mass. 219, 221, 225.
Salaries.
Separation of executive, judi- cial, and legis- lative depart- ments. 2 Cush. 577. 2 Allen, 361. 8Allen,247, 253. 100 Mass. 282, 286.
114 Mass. 247, 249.
XXIX. It is essential to the preservation of the rights of every individual, his life, liberty, property, and charac- ter, that there be an impartial interpretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as free, impartial, and inde- pendent as the lot of humanity will admit. It is, therefore, not only the best policy, but for the security of the rights of the people, and of every citizen, that the judges of the supreme judicial court should hold their offices as long as they behave themselves well; and that they should have honorable salaries ascertained and established by standing laws.
Tenure of their ofRce, not to be the subject of an initiative or referendum petition. See amendments, .Art. XLVIII, The initiative, II, sect. 2, and The referendum, III, sect. 2.
XXX. In the government of this commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the judicial shall ne\er exercise the legislative and executive powers, or either of them: to the end it may be a government of laws and not of men.
116 Mass. 317. 129 Mass. 559.
For Dopular initiative and referendum, see amendments. Art. XLVIII. For organization of executive, etc., work of the Commonwealth in not more than twenty departments, see amendments. Art. LXVI.
Title of body politic.
PART THE SECOND.
The Frame of Government.
The people, inhabiting the territory formerly called the Province of Massachusetts Bay, do hereby solemnly and mutually agree with each other, to form themselves into a free, sovereign, and independent body politic, or state, by the name of The Commonwealth of Massachusetts.
CHAPTER I.
THE LEGISLATIVE POWER.
Section I.
The General Court.
dl^artment Artlcle I. The department of legislation shall be
formed by two branches, a Senate and House of Represent-
COMMONWEALTH OF MASSACHUSETTS. 11
atives; each of which shall have a negative on the other.
The legislative body shall assemble every year [on the For change of last Wednesday in May, and at such other times as they amendments? shall judge necessary; and shall dissolve and be dissolved ^'^*- ■^• on the day next preceding the said last Wednesday in May;] and shall be styled, The General Court of Massachusetts.
II. No bill or resolve of the senate or house of repre- Governor's sentatives shall become a law, and have force as such, until 99 Mass. 636. it shall have been laid before the governor for his revisal; For right of
... „ ,, governor to
and if he, upon such revision, approve thereof, he shall return bin or signify his approbation by signing the same. But if he amendment, have any objection to the passing of such bill or resolve, he ^n^tsl'Art. shall return the same, together with his objections thereto, ^^^" . ,
.. JO J ^ ^ ' boT disapproval
in writing, to the senate or house of representatives, m pr reduction of whichsoever the same shall have originated; who shall gwemorin enter the objections sent down by the governor, at large, ating^mcmey?" on their records, and proceed to reconsider the said bill or ^menu.^lft. resolve. But if after such reconsideration, two-thirds of lxiii, sect. 5. the said senate or house of representatives, shall, notwith- passed by two-
, !• ,1 'J !_• x* ^ j_i 'x thirds of each
standing the said objections, agree to pass the same, it house, not- shall, together with the objections, be sent to the other withstanding. branch of the legislature, where it shall also be reconsid- ered, and if approved by two-thirds of the members pres- ent, shall have the force of a law: but in all such cases, the votes of both houses shall be determined by yeas and nays; and the names of the persons voting for, or" against, the said bill or resolve, shall be entered upon the public records of the commonwealth.
And in order to prevent unnecessary delays, if any bill For exception or resolve shall not be returned by the governor within joummentof five days after it shall have been presented, the same shall court within
have the force of a law. 3 Mass. 567. selai^enJ*-^^'
III. The general court shall forever have full power cgngraUo^rt and authority to erect and constitute judicatories and may constitute courts of record, or other courts, to be held in the name courts of Vlc- of the commonwealth, for the hearing, trying, and deter- Ta'rly,'!. mining of all manner of crimes, offences, pleas, processes, {54^'^'^^' ^"' plaints, actions, matters, causes, and things, whatsoever, ^^ent^Ar't' arising or happening within the commonwealth, or between j^?^^t[^;'^jj® or concerning persons inhabiting, or residing, or brought sect. 2, and f he within the same: whether the same be criminal or civil, iii%ect. 2.' or whether the said crimes be capital or not capital, and
12
CONSTITUTION OF THE
Courts, etc., may administer oaths.
General court may enact laws,
9 Gray, 426. 4 Allen, 473. 12 Allen, 223, 237.
lOOMass. 544, 557.
116 Mass. 467, 470.
For initiative and refer- endum, see amendments. Art. XLVIII. General court may enact laws, etc., not repugnant to the constitu- tion. 6 Allen, 358.
may provide for the election or appointment of officers. 115 Mass. 602.
may prescribe their duties.
may impose taxes, etc. See amend- ments.
Arts. XLI and XLIV. 12 Mass. 252.
5 Allen, 428.
6 Allen, 558. 8Allen,247, 253.
10 Allen, 235.
11 Allen, 268.
12 Allen, 77, 223, 2.35, 238. 240, 298, 300, 312,313,500,612. 98 Mass. 19.
100 Mass. 285.
101 Mass. 575, 585
103 Mass. 267. 114 Mass. 388, 391.
116 Mass. 461. 118 Mass. 386, 389.
123 Mass. 493, 495.
127 Mass. 413.
may impose
taxes, etc., to
be disposed of
whether the said pleas be real, personal, or mixed; and for the awarding and making out of execution thereupon. To which courts and judicatories are hereby given and granted full power and authority, from time to time, to administer oaths or affirmations, for the better discovery of truth in any matter in controversy or depending before them.
IV. And further, full power and authority are hereby given and granted to the said general court, from time to time to make, ordain, and establish, all manner of whole- some and reasonable orders, laws, statutes, and ordinances, directions and instructions, either with penalties or with- out; so as the same be not repugnant or contrary to this constitution, as they shall judge to be for the good and welfare of this commonwealth, and for the government and ordering thereof, and of the subjects of the same, and for the necessary support and defence of the government thereof; and to name and settle annually, or provide by fixed laws for the naming and settling, all civil officers within the said commonwealth, the election and consti- tution of whom are not hereafter in this form of govern- ment otherwise provided for; and to set forth the several duties, powers, and limits, of the several civil and mili- tary officers of this commonwealth, and the forms of such oaths or affirmations as shall be respectively administered unto them for the execution of their several offices and places, so as the same be not repugnant or contrary to this constitution; and to impo.se and levy proportional and reasonable assessments, rates, and taxes, upon all the inhabitants of, and persons resident, and estates lying, within the said commonwealth; and also to impose and levy reasonable duties and excises upon any produce, goods, wares, merchandise, and commodities, whatsoever, brought into, produced, manufactured, or being within the same; to be issued and disposed of by warrant, under the hand of the governor of this commonwealth for the time being, with the advice and consent of the council, for the public service, in the necessary defence and sup- port of the government of the said commonwealth, and the protection and preservation of the subjects thereof, according to such acts as are or shall be in force within the same.
And while the public charges of government, or any part thereof, shall be assessed on polls and estates, in the
COMMOX^'EALTH OF M\SSACHUSETTS. 13
maimer that has hitherto been practised, in order that for defence, such assessments may be made ^^'ith equality, there shall ^ AUen. 247, be a valuation of estates -w-ithin the commonwealth, taken valuation of anew once in ever>' ten years at least, and as much oftener ^^^^^^^'^^"^ as the general court shall order. le^,V ''%:• «*<^
^ S Allen, 24i .
For the authority of the general court to charter cities, see amendments. Art. 11. 126 Mass. 547.
For the state wide referendixm on bills and resolves of the general court, see amend- ments. Art. XLIl. .\rt. XLII annulled by initiative and referendum amendment, see amendments. Art. XLVITI, The referendum, VIII.
For the power given the general court to provide by law for abeentee and comptilsory voting, see amendments. Arts. XLV and LXI.
For the power given the general court to determine the manner of providing and dis- tributing the necessaries of life, etc., during time of war, public distress, etc., by the commonwealth and the cities and towns therein, see amendments. Art. XL\'II.
CHAPTER I.
Section IL
Senate.
Article I. [There shall be annually elected, by the Senate, number freeholders and other inhabitants of this commonwealth, wh^ elated. qualified as in this constitution is pro\-ided, forty persons am^dm^ts*^" to be councillors and senators for the year ensuing their which^'aiso election; to be chosen bv the inhabitants of the districts ^uper^dedby
' . , . , amendments,
into which the commonwealth may, from tune to tune, be Art. xxn. di\'ided by the general court for that purpose: and the general court, in assigning the numbers to be elected by the respective districts, shall govern themselves by the pro- portion of the pubUc taxes paid by the said districts; and timely make known to the inhabitants of the common- For provision as wealth the limits of each district, and the number of coun- see^mend-^' cillors and senators to be chosen therein; pro\-ided, that ^^'•«'-^^- the number of such districts shall never be less than thir- teen; and that no district be so large as to entitle the same to choose more than six senators.
And the several counties in this commonwealth shall, S^ct^JSit^. until the general court shall determine it necessary to ^*^- alter the said districts, be districts for the choice of coun- cillors and senators, (except that the counties of Dukes County and Nantucket shall form one district for that pur- pose) and shall elect the following number for councillors and senators, ^-iz.: — Suffolk, six; Essex, sLx; Middlesex, five; Hampshire, four; Phmouth, three; Barnstable, one; Bristol, three; York, two; Dukes County and Xantucket, one; Worcester, five; Cumberland, one; Lincoln, one; Berkshire, two.]
14
CONSTITUTION OF THE
Manner and time of choosing senators and councillors. See amend- ments, Arts. X, XV, XLV and LXIV, sect. 1. As to cities, see amend- ments. Art. II. Provisions as to qualifications of voters, super- seded by amendments. Arts. Ill, XX, XXVIII, XXX, XXXI and XXXII. Word "inhabit- ant" defined. See also amendments. Art. XXIII, which was annulled by Art. XXVI. 12 Gray, 21. 122 Mass. 595, 597.
Selectmen to preside at town meetings.
Retvirn of votes.
As to cities, see amendments. Art. II.
Time changed to first Wednes- day oi January. See amend- ments, Art. X.
Inhabitants of unincorporated plantations, who pay state taxes, may vote.
II. The senate shall be the first branch of the legisla- ture; and the senators shall be chosen in the following man- ner, viz.: there shall be a meeting on the [first Monday in April,] [annually,] forever, of the inhabitants of each town in the several counties of this commonwealth; to be called by the selectmen, and warned in due course of law% at least seven days before the [first ]SIonday in April,] for the purpose of electing persons to be senators and coun- cillors; [and at such meetings every male inhabitant of twenty-one years of age and upwards, having a freehold estate within the commonwealth, of the annual income of three pounds, or any estate of the value of sixty pounds, shall have a right to give in his vote for the senators for the district of which he is an inhabitant.] And to remove all doubts concerning the meaning of the word " inhabit- ant " in this constitution, every person shall be considered as an inhabitant, for the purpose of electing and being elected into any office, or place within this state, in that town, district, or plantation where he dwelleth, or hath his home.
The selectmen of the several towns shall preside at such meetings impartially; and shall receive the votes of all the inhabitants of such towns present and qualified to vote for senators, and shall sort and count them in open tow^n meeting, and in presence of the town clerk, who shall make a fair record, in presence of the selectmen, and in open town meeting, of the name of every person voted for, and of the number of votes against his name: and a fair copy of this record shall be attested by the selectmen and the town clerk, and shall be sealed up, directed to the secretary of the commonwealth for the time being, with a superscription, expressing the purport of the contents thereof, and delivered by the town clerk of such towns, to the sheriff of the county in which such town lies, thirty days at least before [the last ^Yednesday in ]\Iay] [annually;] or it shall be delivered into the secretary's office seventeen days at least before the said [last Wednesday in May:] and the sheriff of each county shall deliver all such certificates by him received, into the secretary's office, seventeen days before the said [last Wednesday in J\lay.]
[And the inhabitants of plantations unincorporated, qualified as this constitution provides, who are or shall be empowered and required to assess taxes upon them- selves toward the support of government, shall have the
COMMONWEALTH OF MASSACHUSETTS. 15
same privilege of voting for councillors and senators in the plantations where they reside, as town inhabitants have in their respective towns; and the plantation meetings for that Plantation purpose shall be held annually [on the same first Monday Timeofeiec- in April], at such place in the plantations, respectively, as by°amen°d^^ the assessors thereof shall direct; which assessors shall have St"*^*' ^^^' like authority for notifying the electors, collecting and Assessors to returning the votes, as the selectmen and town clerks have in their several towns, by this constitution. And all other persons living in places unincorporated (qualified as afore- said) who shall be assessed to the support -of government by the assessors of an adjacent town, shall have the privilege of giving in their votes for councillors and senators in the town where they shall be assessed, and be notified of the place of meeting by the selectmen of the town where they shall be assessed, for that purpose, accordingly.]
III. And that there may be a due convention of senators Governor and on the [last Wednesday in May] annually, the governor with an'dnelnV' five of the council, for the time being, shall, as soon as may anTL^ue*^^' be, examine the returned copies of such records ; and four- summonses. teen days before the said day he shall issue his summons to to first such persons as shall appear to be chosen by [a majority of] January by voters, to attend on that day, and take their seats accord- Art^"x!^^" ^' ingly: provided, nevertheless, that for the first year the ^^^"""^^/tg said returned copies shall be examined by the president and plurality by five of the council of the former constitution of govern- Art. xiv. ment; and the said president shall, in like manner, issue
his summons to the persons so elected, that they may take their seats as aforesaid.
IV. The senate shall be the final judge of the elections, senate to be returns and qualifications of their own members, as pointed eiectionsfetc., out in the constitution; and shall, [on the said last Wednes- me\nb°rs'^ day in May] [annually,] determine and declare who are ^ fet^^"^^'^ elected bv each district to be senators [bv a majority of Wednesday of
',. , 111 11P11 January by
votes; and in case there shall not appear to be the full amendments, number of senators returned elected by a majority of votes Majority for any district, the deficiency shall be supplied in the fol- '^\^"^^f ^^ lowing manner, viz.: The members of the house of repre- amendments, sentatives, and such senators as shall be declared elected, shall take the names of such persons as shall be found to have the highest number of votes in such district, and not elected, amounting to twice the number of senators wanting, if there be so many voted for; and out of these shall elect by ballot a number of senators sufficient to fill up the vacan-
16
CONSTITUTION OF THE
Vacancies, how filled.
Changed to election by people. See amend- ments, Art. XXIV.
Qualifications of a senator. Property qual- ification abol- ished. See amend- ments. Art. XIII.
For further provision as to residence, see also amend- ments. Art. XXII.
Senate not to adjourn more than two days. See amend- ments, Art. LII,
shall choose its officers and establish its rules.
shall try all impeachments.
Oath.
Limitation of sentence.
Quorum. See amend- ments. Arts. XXII and XXXIII.
cies in such district; and in this manner all such vacancies shall be filled up in every district of the commonwealth; and in like manner all vacancies in the senate, arising by death, removal out of the state, or otherwise, shall be sup- plied as soon as may be, after such vacancies shall happen.]
V. Provided, nevertheless, that no person shall be capable of being elected as a senator, [who is not seised in his own right of a freehold, within this commonwealth, of the value of three hundred pounds at least, or possessed of per- sonal estate to the value of six hundred pounds at least, or of both to the amount of the same sum, and] who has not been an inhabitant of this commonwealth for the space of five years immediately preceding his election, and, at the time of his election, he shall be an inhabitant in the district for Mhich he shall be chosen.
VI. The senate shall have power to adjourn themselves, provided such adjournments do not exceed two days at a time.
VII. The senate shall choose its own president, appoint its own officers, and determine its own rules of proceedings.
VIII. The senate shall be a court with full authority to hear and determine all impeachments made by the house of representatives, against any officer or officers of the com- monwealth, for misconduct and mal-administration in their offices. But previous to the trial of every impeachment the members of the senate shall respectively be sworn, truly and impartially to try and determine the charge in question, according to evidence. Their judgment, however, shall not extend further than to removal from office and disqualifica- tion to hold or enjoy any place of honor, trust, or profit, under this commonAvealth ; but the party so convicted shall be, nevertheless, liable to indictment, trial, judgment, and punishment, according to the laws of the land.
IX. [Not less than sixteen members of the senate shall constitute a quorum for doing business.]
CHAPTER I.
Section HI.
House of Representatives.
?fThfSpie°° Article I. There shall be, in the legislature of this com- monwealth, a representation of the people, annually elected, and founded upon the principle of equality.
For change to biennial elections, see amendments, Art. LXIV, sect. 1.
COMMONWEALTH OF ]MASSACHUSETTS. 17
II. [And in order to provide for a representation of the Representa- citizens of this commonwealth, founded upon the principle cl7o*sen/ ^ ""^ of equality, every corporate town containing one hundred fmenlments^^ and fifty ratable polls may elect one representative; every ^m wWch"^ corporate town containing three hundred and seventy-five ^^re also
^, , I-, 1 . superseded by
ratable polls may elect two representatives; every corporate amendments, town containing six hundred ratable polls may elect three 7 Massfsa's. representatives; and proceeding in that manner, making two hundred and twenty-five ratable polls the mean increasing number for every additional representative.
Provided, nevertheless, that each town now incorporated, Proviso as to
, , , ' T n f 11 11 1 towns having
not havmg one hundred and nity ratable polls, may elect less than iso one representative; but no place shall hereafter be incor- '^^^ *^^° *' porated with the privilege of electing a representative, unless there are within the same one hundred and fifty ratable polls.]
And the house of representatives shall have power from Towns liable time to time to impose fines upon such towns as shall neglect etc. ^^ '° '^^^' to choose and return members to the same, agreeably to this constitution.
[The expenses of travelling to the general assembly, and ^avemn| to returning home, once in every session, and no more, shall and from the
.,, , (•! IT general court,
be paid by the government, out of the public treasury, to how paid. every member who shall attend as seasonably as he can, in Art. xxxv. the judgment of the house, and does not depart without leave.]
III. Every member of the house of representatives shall of^a^'epr^*"^^ be chosen bv written votes; [and, for one vear at least next sentative.
,. , ."^ , . 1 11 1 1 •' 1 1 • c 1 ^ew provision
preceding his election, shall have been an inhabitant oi, and as to residence. have been seised in his own right of a freehold of the value ments, Art. of one hundred pounds within the town he shall be chosen property quai- to represent, or any ratable estate to the value of two hun- ^^^^'"j^"! ^^°'' dred pounds; and he shall cease to represent the said tow^n amendments, immediately on his ceasing to be qualified as aforesaid.]
IV. [Every male person, being twenty-one years of age. Qualifications and resident in any particular town in this commonwealth These provi- for the space of one year next preceding, having a freehold seded^by'^'" estate within the said town of the annual income of three Arts"in!xx, pounds, or any estate of the value of sixty pounds, shall xxx '^xxxi, have a right to vote in the choice of a representative or ^|^^p^ ^^^ representatives for the said town.]
See also amendments, Art. XXIII, which was annulled by Art. XXVI.
V. [The members of the house of representatives shall t^X.^^'hen' be chosen annually in the month of INIay, ten days at least chosen. before the last Wednesday of that month.]
Time of election changed by amendments, Art. X, and changed again by amend- ments, Art. XV.
18
CONSTITUTION OF THE
House alone can impeach.
House to origi- nate all money bills.
Not to adjourn more than t^\ o daj-s.
See amend- ments, Art. LH,
Quorum . See amend- ments, Arts. XXI and
xxxni.
To judge of returns, etc., its own mem- bers ; to choose its officers and establish its rules, etc. May punish for certain offences. 14 Gray. 226.
of
Privileges of members.
Senate. Governor and council may punish.
General limita- tion. 14 Gray, 226.
Trial may be by committee, or otherwise.
VI. The house of representatives shall be the grand in- quest of this commonwealth; and all impeachments made by them shall be heard and tried by the senate.
VII. All money bills shall originate in the house of repre- sentatives; but the senate may propose or concur with amendments, as on other bills.
VIII. The house of representatives shall have power to adjourn themselves; provided such adjournment shall not exceed two days at a time.
IX. [Not less than sixty members of the house of representatives shall constitute a quorum for doing busi- ness.]
X. The house of representatives shall be the judge of the returns, elections, and qualifications of its own members, as pointed out in the constitution; shall choose their own speaker; appoint their own officers, and settle the rules and orders of proceeding in their own house. They shall have authority to punish by imprisonment every person, not a member, who shall be guilty of disrespect to the house, by any disorderly or contemptuous behavior in its presence; or who, in the town where the general court is sitting, and during the time of its sitting, shall threaten harm to the body or estate of any of its members, for any thing said or done in the house; or who shall assault any of them therefor; or who shall assault, or arrest, any witness, or other person, ordered to attend the house, in his way in going or returning; or who shall rescue any person arrested by the order of the house.
And no member of the house of representatives shall be arrested, or held to bail on mesne process, during his going unto, returning from, or his attending the general assembly.
XI. The senate shall have the same powers in the like cases; and the governor and council shall have the same authority to punish in like cases: provided, that no impris- onment on the warrant or order of the governor, council, senate, or house of representatives, for either of the above described offences, be for a term exceeding thirty days.
And the senate and house of representatives may try and determine all cases where their rights and privileges are con- cerned, and which, by the constitution, they have authority to try and determine, by committees of their own members, or in such other way as they may respectively think best.
COMMONWEALTH OF MASSACHUSETTS. 19
CHAPTER II.
EXECUTIVE POWER.
Section I.
Governor.
Article I. There shall be a supreme executive mag- Governor, istrate, who shall be styled — The Governor of the Commonwealth of Massachusetts; and whose title His title. shall be — His Excellency.
II. The governor shall be chosen [annually;] and no per- To be chosen son shall be eligible to this office, unless, at the time of his For cLnge to election, he shall have been an inliabitant of this common- llons'l'sie''^^''' wealth for seven years next preceding; [and unless he shall irt'l'Lxiv!^' at the same time be seised, in his own right, of a freehold, q*'*^' ^'*'. within the commonwealth, of the value of one thousand seeamend- pounds;] [and unless he shall declare himself to be of the viTan/"^*^' Christian religion.] xxxiv.
III. Those persons who shall be qualified to vote for By whom senators and representatives within the several towns of havea'major- this commonwealth shall, at a meeting to be called for that sJ^ ame°nd-' purpose, on the [first Monday of April] [annually,] give in ^f^"^^' '^'*- their votes for a governor, to the selectmen, who shall preside Time of eiec- at such meetings; and the town clerk, in the presence and by amend- with the assistance of the selectmen, shall, in open town x? and meeting, sort and count the votes, and form a list of the by^'am^nd?^''' persons voted for, with the number of votes for each person g^nts, Art. against his name; and shall make a fair record of the same
in the town books, and a public declaration thereof in the As to cities, see
said meeting; and shall, in the presence of the inhabitants. Art. il
seal up copies of the said list, attested by him and the
selectmen, and transmit the same to the sheriff of the
county, thirty days at least before the [last Wednesday in
May] ; and the sheriff shall transmit the same to the secre- Time changed
tary's office, seventeen days at least before the said [last Wednesday of
Wednesday in INIay] ; or the selectmen may cause returns of ameSe^/ts.
the same to be made to the office of the secretary of the ^rt. x.
commonwealth, seventeen days at least before the said day;
and the secretary shall lay the same before the senate and
the house of representatives on the [last Wednesday in May],
to be by them examined; and in case of an election by a changed to
[majority] of all the votes returned, the choice shall be by amindmenfs.
Art. XIV.
20
CONSTITUTION OF THE
How chosen, when no per- son has a plurality.
Power of gov- ernor, and of governor and council.
May adjourn or prorogue the general court upon request, and convene the same. As to dissolu- tion, see amendments, Art. X.
As to dissolu- tion, see amendments, Art. X. Governor and council may adjourn the general court in cases, etc., but not ex- ceeding ninety days.
Governor to be commander-in- chief.
This article annulled and superseded by amendments, Art. LIV.
them declared and published; but if no person shall have a [majority] of votes, the house of representatives shall, by ballot, elect two out of four persons who had the highest number of votes, if so many shall have been voted for; but, if otherwise, out of the number voted for; and make return to the senate of the two persons so elected; on which the senate shall proceed, by ballot, to elect one, who shall be declared governor.
IV. The governor shall have authority, from time to time, at his discretion, to assemble and call together the councillors of this commonwealth for the time being; and the governor with the said councillors, or five of them at least, shall, and may, from time to time, hold and keep a council, for the ordering and directing the affairs of the commonwealth, agreeably to the constitution and the laws of the land.
V. The governor, with advice of council, shall have full power and authority, during the session of the general court, to adjourn or prorogue the same to any time the two houses shall desire; [and to dissolve the same on the day next pre- ceding the last Wednesday in INIay; and, in the recess of the said court, to prorogue the same from time to time, not exceeding ninety days in any one recess;] and to call it , together sooner than the time to which it may be adjourned or prorogued, if the welfare of the commonwealth shall require the same; and in case of any infectious distemper prevailing in the place where the said court is next at any time to convene, or any other cause happening, whereby danger may arise to the health or lives of the members from their attendance, he may direct the session to be held at some other, the most convenient place within the state.
[And the governor shall dissolve the said general court on the day next preceding the last Wednesday in ]\Iay.]
VI. In cases of disagreement between the two houses, with regard to the necessity, expediency, or time of adjourn- ment or prorogation, the governor, with advice of the coun- cil, shall have a right to adjourn or prorogue the general court, not exceeding ninety days, as he shall determine the public good shall require.
VII. [The governor of this commonwealth, for the time being, shall be the commander-in-chief of the army and navy, and of all the military forces of the state, by sea and land; and shall have full power, by himself, or by any com- mander, or other officer or officers, from time to time, to train, instruct, exercise, and govern the militia and navy;
COMMONWEALTH OF MASSACHUSETTS. 21
and, for the special defence and safety of the commonwealth, to assemble in martial array, and put in warlike posture, the inhabitants thereof, and to lead and conduct them, and with them to encounter, repel, resist, expel, and pursue, by force of arms, as well by sea as by land, within or without the limits of this commonwealth, and also to kill, slay, and destroy, if necessary, and conquer, by all fitting ways, enter- prises, and means whatsoever, all and every such person and persons as shall, at any time hereafter, in a hostile manner, attempt or enterprise the destruction, invasion, detriment, or annoyance of this commonwealth; and to use and exer- cise, over the army and navy, and over the militia in actual service, the law-martial, in time of war or invasion, and also in time of rebellion, declared by the legislature to exist, as occasion shall necessarily require; and to take and surprise, by all ways and means whatsoever, all and every such per- son or persons, with their ships, arms, ammunition, and other goods, as shall, in a hostile manner, invade, or attempt the invading, conquering, or annoying this commonwealth; and that the governor be intrusted with all these and other powers, incident to the offices of captain-general and com- mander-in-chief, and admiral, to be exercised agreeably to the rules and regulations of the constitution, and the laws of the land, and not otherwise.
Provided, that the said governor shall not, at any time Limitation. hereafter, by virtue of any power by this constitution granted, or hereafter to be granted to him by tlie legislature, transport any of the inhabitants of this commonwealth, or oblige them to march out of the limits of the same, without their free and voluntary consent, or the consent of the gen- eral court; except so far as may be necessary to march or transport them by land or water, for the defence of such part of the state to which they cannot otherwise con- veniently have access.]
VIII. The power of pardoning offences, except such Governor and as persons may be convicted of before the senate by an pardon impeachment of the house, shall be in the governor, by excTpTetc. and with the advice of council; but no charter of pardon, But not before granted by the governor, wdth advice of the council before 109 iFi's°323. conviction, shall avail the party pleading the same, notwith- standing any general or particular expressions contained
therein, descriptive of the offence or offences intended to be pardoned.
IX. All judicial officers, [the attorney-general,] the cersfetc°how solicitor-general, [all sheriffs,] coroners, [and registers of pro- appoiJiUd! ''"'^
22
CONSTITUTION OF THE
For provisions as to election of attorney- general, see amendments, Arts. XVII and LXIV, sect. 1.
Militia officers, how elected. Limitation of age struck out by amend- ments. Art. V. This article annulled and superseded by amendments, Art. LIII.
How commis- sioned.
Election of officers.
Major-generals, how appointed and commis- sioned .
^'acancies, how filled, in case, etc.
Officers duly commissioned, how removed. Superseded by amendments , Art. IV.
Adjutants, etc. how appointed.
Army officers, how appointed.
Organization of militia.
bate,] shall be nominated and appointed by the governor, by and with the advice and consent of the council; and every such nomination shall be made by the governor, and made at least seven days prior to such appointment.
For provision as to election of sheriffs, registers of probate, etc., see amendments. Art. XIX.
For provision as to appointment of notaries public, see amendments. Arts. I^^ and LVII.
Appointment, tenure, etc., of judges not to be the subject of an initiative or referendum petition; see amendments, Art. XLVIII, The initiative, II, sect. 2, and The referendum, III, sect. 2.
X. [The captains and subalterns of the militia shall be elected by the written votes of the train-band and alarm list of their respective companies, [of twenty-one years of age and upwards;] the field officers of regiments shall be elected by the written votes of the captains and subalterns of their respective regiments; the brigadiers shall be elected, in like manner, by the field officers of their respective bri- gades; and such officers, so elected, shall be commissioned by the governor, who shall determine their rank.
The legislature shall, by standing laws, direct the time and manner of convening the electors, and of collecting votes, and of certifying to the governor, the officers elected.
The major-generals shall be appointed, by the senate and house of representatives, each having a negative upon the other; and be commissioned by the governor.
For provisions as to appointment of a commissary general, see amendments, Art. IV.
And if the electors of brigadiers, field officers, captains or subalterns, shall neglect or refuse to make such elections, after being duly notified, according to the laws for the time being, then the governor, with advice of council, shall ap- point suitable persons to fill such offices.
[And no officer, duly commissioned to command in the militia, shall be removed from his office, but by the address of both houses to the governor, or by fair trial in court- martial, pursuant to the laws of the commomvealth for the time being.]
The commanding officers of regiments shall appoint their adjutants and cjuartermasters ; the brigadiers their brigade- majors; and the major-generals their aids; and the governor shall appoint the adjutant-general.
The governor, with advice of council, shall appoint all officers of the continental army, whom by the confederation of the United States it is provided that this commonwealth shall appoint, as also all officers of forts and garrisons.
The divisions of the militia into brigades, regiments, and companies, made in pursuance of the militia laws now in
COMMONWEALTH OF INIASSACHUSETTS. 23
force, shall be considered as the proper divisions of the militia of this commonwealth, until the same shall be altered in pursuance of some future law.]
XI. No moneys shall be issued out of the treasury of du-aw^n from the this commonwealth, and disposed of (except such sums as exge^f^gj,. .may be appropriated for the redemption of bills of credit is Alien, 593. or treasurer's notes, or for the payment of interest arising thereon) but by warrant under the hand of the governor
for the time being, with the advice and consent of the coun- cil, for the necessary defence and support of the common- wealth; and for the protection and preservation of the in- habitants thereof, agreeably to the acts and resolves of the general court.
Certain appropriations of money from treasury not to be subjects of initiative or refer- endum petition. See amendments, Art. XLVIII, The initiative, II, sect. 2, and The referendum, III, sect. 2.
XII. All public boards, the commissary-general, all su- ah public perintending officers of public magazines and stores, belong- mTke quarterly ing to this commonwealth, and all commanding officers of '■®*^'^™s- forts and garrisons within the same, shall once in every
three months, officially, and without requisition, and at other times, when required by the governor, deliver to him an account of all goods, stores, provisions, ammunition, cannon with their appendages, and small arms with their accoutre- ments, and of all other public property whatever under their care respectively; distinguishing the quantity, number, qual- ity and kind of each, as particularly as may be; together with the condition of such forts and garrisons; and the said com- manding officer shall exhibit to the governor, when required by him, true and exact plans of such forts, and of the land and sea or harbor or harbors, adjacent.
And the said boards, and all public officers, shall com- municate to the governor, as soon as may be after receiving the same, all letters, despatches, and intelligences of a public nature, which shall be directed to them respectively.
XIII. As the public good requires that the governor Salary of should not be under the undue influence of any of the mem- ^°"^^'^°°^- bers of the general court by a dependence on them for his support, that he should in all cases act with freedom for the benefit of the public, that he should not have his attention necessarily diverted from that object to his private concerns,
and that he should maintain the dignity of the common- wealth in the character of its chief magistrate, it is necessary that he should have an honorable stated salary, of a fixed and permanent value, amply sufficient for those purposes,
24
CONSTITUTION OF THE
and established by standing laws : and it shall be among the first acts of the general court, after the commencement of this constitution, to establish such salary by law accordingly. Permanent and honorable salaries shall also be established by law for the justices of the supreme judicial court.
Compensation of judges not to be the subject of an initiative or referendum petition ; see amendments, Art. XLVIII, Tbie initiative, II, sect. 2, and The referendum, III, sect. 2.
fniargedu^^ And if it shall be found that any of the salaries aforesaid, insufficient. go established, are insufficient, they shall, from time to time, be enlarged, as the general court shall judge proper.
Salaries of jus- tices of su- preme judicial court.
Lieutenant- governor; his title and qualifications. See amend- ments, Arts. VII and XXXIV.
For change to biennial elections, see amendments. Art. LXIV, sect. 1. How chosen. Election by plurality pro- vided for by amendments. Art. XIV.
President of council. Lieutenant- governor a member of, except, etc.
Lieutenant- governor to be acting gov- ernor, in case, etc.
See amend- ments, Art. LV,
CHAPTER II.
Section II.
Lieutenant-Governor.
Article I. There shall be [annually] elected a lieutenant- governor of the commonwealth of Massachusetts, whose title shall be — His Honor; and who shall be qualified, in point of [religion,] [property,] and residence in the commonwealth, in the same manner with the governor; and the day and manner of his election, and the qualifications of the electors, shall be the same as are required in the election of a governor. The return of the votes for this officer, and the declaration of his election, shall be in the same manner; and if no one per- son shall be found to have [a majority] of all the votes re- turned, the vacancy shall be filled by the senate and house of representatives, in the same manner as the governor is to be elected, in case no one person shall have [a majority] of the votes of the people to be governor.
II. The governor, and in his absence the . lieutenant- governor, shall be president of the council, but shall have no vote in council ; and the lieutenant-governor shall always be a member of the council, except when the chair of the governor shall be vacant.
III. Whenever the chair of the governor shall be vacant, by reason of his death, or absence from the commonwealth, or otherwise, the lieutenant-governor, for the time being, shall, during such vacancy, perform all the duties incumbent upon the governor, and shall have and exercise all the powers and authorities, which by this constitution the governor is vested with, when personally present.
COMMONWEALTH OF MASSACHUSETTS. 25
CHAPTER II. Section III.
Council, and the Marnier of settling Elections hy the Legis- lature.
Article I. There shall be a council for advising the Council. governor in the executive part of the government, to consist cou^Tcifior" of [nine] persons besides the lieutenant-governor, whom the efgli"^''^ *° governor, for the time being, shall have full power and ^'e^ntrAr't authority, from time to time, at his discretion, to assemble xvi. and call together; and the governor, with the said coun- cillors, or five of them at least, shall and may, from time to time, hold and keep a council, for the ordering and directing the affairs of the commonwealth, according to the laws of the land.
II. [Nine councillors shall be annually chosen from Number; from among the persons returned for councillors and senators, on how^cWn. the last Wednesday in May, by the joint ballot of the sen- ^^f^^f^enL. ators and representatives assembled in one room; and in Arts, x and case there shall not be found upon the first choice, the whole Superseded by
, „ . 1 -11 . , ' •^ -1 amendments,
number oi nme persons who will accept a seat m the council, Art. xvi.
the deficiency shall be made up by the electors aforesaid
from among the people at large; and the number of senators
left shall constitute the senate for the year. The seats of JomTcouMii-'
the persons thus elected from the senate, and accepting the ["''be^vaiatld*^^
trust, shall be vacated in the senate.]
III. The councillors, in the civil arrangements of the Rank of
1111 1 p 1 !• councillors.
commonwealth, shall have rank next after the lieutenant- governor.
IV. [Not more than two councillors shall be chosen out ha°vf more* *" of any one district of this commonwealth.] than two.
Superseded by amendments, Art. XVI.
V. The resolutions and advice of the council shall be Register of recorded in a register, and signed by the members present;
and this record may be called for at any time by either house of the legislature; and any member of the council may insert his opinion, contrary to the resolution of the majority.
VI. [Whenever the ofiice of the governor and lieutenant- council to
1111 1 Pill exercise the
governor shall be vacant, by reason of death, absence, or power of gov- otherwise, then the council, or the major part of them, shall, etc. during such vacancy, have full power and authority to do, annufild'and and execute, all and every such acts, matters, and things, as lUfendmlnts,^ the governor or the lieutenant-governor might or could, by ^"^^^ ^^-
26
CONSTITUTION OF THE
Elections may be adjourned until, etc.
Order thereof. Superseded by amendments, Arts. XVI and XXV.
virtue of this constitution, do or execute, if they, or either of them, were personally present.]
VII. [And whereas the elections appointed to be made, by this constitution, on the [last Wednesday in May annu- ally,] by the two houses of the legislature, may not be com- pleted on that day, the said elections may be adjourned from day to day until the same shall be completed. And the order of elections shall be as follows: [the vacancies in the senate, if any, shall first be filled up;] the governor and lieutenant-governor shall then be elected, provided there should be no choice of them by the people; and afterwards the two houses shall proceed to the election of the council.]
Secretary, etc., by whom and how chosen. For provision as to election of secretary, treasurer and receiver-gen- eral, auditor and attorney- general, eee amendments, Arts. XVII and LXIV, sect. 1. Treasurer in- eligible for more than five successive years.
Secretary to keep records; to attend the governor and council, etc.
CHAPTER II.
Section IV.
Secretary, Treasurer, Commissary, etc.
Article I. [The secretary, treasurer and receiver-general, and the commissary-general, notaries public, and naval officers, shall be chosen annually, by joint ballot of the senators and representatives in one room. And, that the citizens of this commonwealth may be assured, from time to time, that the moneys remaining in the public treasury, upon the settlement and liquidation of the public accounts, are their property, no man shall be eligible as treasurer and receiver-general more than five years successively.]
For provision as to appointment of notaries public and the commissary-general, see amendments. Arts. IV and LVII.
Treasurer and receiver-general ineligible to election for more than three successive terms. See amendments. Art. LXIV, sect. 2.
II. The records of the commonwealth shall be kept in the office of the secretary, who may appoint his deputies, for whose conduct he shall be accountable; and he shall attend the governor and council, the senate and house of representatives, in person, or by his deputies, as they shall respectively require.
CHAPTER III.
JUDICIARY POWER.
Smmfssfonid Aiticle I. The tenure, that all commission officers shall ffi^ress^^^ by law have in their offices, shall be expressed in their Judicial officers rcspcctive commissions. All judicial officers, duly ap-
COIMMONWEALTH OF ]\IASSACHUSETTS. 27
pointed, commissioned and sworn, shall hold their offices during good during good behavior, excepting such concerning whom there cept, etc' is different provision made in this constitution: provided, removed on nevertheless, the governor, with consent of the council, may ^'^'^''^^■ remove them upon the address of both houses of the legis- lature.
For tenure, etc., of judges, see amendments, Art. XLVIII, The initiative, II, sect. 2, and The referendum. III, sect. 2.
For retirement of judicial officers, see amendments, Art. LVIII.
II. Each branch of the legislature, as well as the Justices of su- governor and council, shall have authority to require court to give the opinions of the justices of the supreme judicial court, ?|'qui?ed.'' upon important questions of law, and upon solemn occa- }26Mass!557; sions. ^^^•
III. In order that the people mav not suffer from the Justices of the
I, . '' . PI 1 peace: tenure
long continuance in place of any justice or the peace who of their office.
shall fail of discharging the important duties of his office
with ability or fidelity, all commissions of justices of the
peace shall expire and become void, in the term of seven
vears from their respective dates; and, upon the expiration For removal of
' „ • • ,1 •(• 1 J justices of the
01 any commission, the same may, it necessary, be renewed, peace, see or another person appointed, as shall most conduce to the An^'xxxvii. well-being of the commonwealth.
rV. The judges of probate of wills, and for granting ^^f]^^'°"rJ.°'' letters of administration, shall hold their courts at such place bate courts or places, on fixed days, as the convenience of the people shall require; and the legislature shall, from time to time, hereafter, appoint such times and places; until which ap- pointments, the said courts shall be holden at the times and places which the respective judges shall direct.
V. All causes of marriage, divorce, and alimony, and all dlvo"cl,^and appeals from the iudges of probate, shall be heard and ?^J'["°"y-
1 . , , 1 1 • -i -1 1 1 • 1 Other pro-
determmed by the governor and council, until the legislature visions made shall, by law, make other provision. ne mms. 317. 105 Mass. 327.
CHAPTER IV.
DELEGATES TO CONGRESS.
IThe delegates of this commonwealth to the congress of Delegates to the United States, shall, some time in the month of June, annually, be elected by the joint ballot of the senate and house of representatives, assembled together in one room; to serve in congress for one year, to commence on the first Monday in November then next ensuing. They shall have
28
CONSTITUTION OF THE
commissions under the hand of the governor, and the great seal of the commonwealth ; but may be recalled at any time within the year, and others chosen and commissioned, in the same manner, in their stead.]
CHAPTER V.
Harvard College.
Powers, privi- leges, etc., of the president and fellows, confirmed.
All gifts, grants, etc., confirmed.
THE UNIVERSITY AT CAMBRIDGE, AND ENCOURAGEMENT OF LITERATURE, ETC.
Section I. The University.
Article I. Whereas our wise and pious ancestors, so early as the year one thousand six hundred and thirty-six, laid the foundation of Harvard College, in which university many persons of great eminence have, by the blessing of God, been initiated in those arts and sciences which qualified them for public employments, both in church and state; and whereas the encouragement of arts and sciences, and all good literature, tends to the honor of God, the advantage of the Christian religion, and the great benefit of this and the other United States of America, — it is declared, that the President and Fellows of Harvard College, in their corporate capacity, and their successors in that capac- ity, their officers and servants, shall have, hold, use, exer- cise, and enjoy, all the powers, authorities, rights, liberties, privileges, immunities, and franchises, which they now have, or are entitled to have, hold, use, exercise, and enjoy; and the same are hereby ratified and confirmed unto them, the said president and fellows of Harvard College, and to their successors, and to their officers and servants, respectively, forever.
II. And whereas there have been at sundry times, by divers persons, gifts, grants, devises of houses, lands, tene- ments, goods, chattels, legacies, and conveyances, heretofore made, either to Harvard College in Cambridge, in New England, or to the president and fellows of Harvard College, or to the said college by some other description, under several charters, successively; it is declared, that all the said gifts, grants, devises, legacies, and conveyances, are hereby forever confirmed unto the president and fellows of Harvard College, and to their successors in the capacity
COMMONWEALTH OF MASSACHUSETTS. 29
aforesaid, according to the true intent and meaning of the donor or donors, grantor or grantors, devisor or devisors.
III. [And whereas, by an act of the general court of the colony of Massachusetts Bay, passed in the year one thou- sand six hundred and forty-two, the governor and deputy- governor, for the time being, and all the magistrates of that jurisdiction, were, with the president, and a number of the clergy in the said act described, constituted the overseers of Harvard College; and it being necessary, in this new con- who shall be stitution of government to ascertain who shall be deemed °^'"'^^''^^' successors to the said governor, deputy-governor, and magis- trates; it is declared, that the governor, lieutenant-governor, see statutes, council, and senate of this commonwealth, are, and shall be I852; P^" deemed, their successors, who, with the president of Harvard J^^o, 212. College, for the time being, together with the ministers of jggg'j^j^lg the congregational churches in the towns of Cambridge, isqiI m.
1895 45
Watertown, Charlestown, Boston, Roxbury, and Dorchester, igge! 191. mentioned in the said act, shall be, and hereby are, vested 1902! 243'.* ' with all the powers and authority belonging, or in any way Jg}^' gyg; appertaining to the overseers of Harvard College; provided, that] nothing herein shall be construed to prevent the legis- Power of aitera- lature of this commonwealth from making such alterations in tLTiegishuure. the government of the said university, as shall be conducive to its advantage, and the interest of the republic of letters, in as full a manner as might have been done by the legis- lature of the late Province of the Massachusetts Bay.
CHAPTER V.
Section H.
The Encouragement of Literature, etc.
Wisdom and knowledge, as well as virtue, diffused gen- Dutyofiegis- erally among the body of the people, being necessary for the magistra"e' in preservation of their rights and liberties; and as these depend period^'' on spreading the opportunities and advantages of education i^oi" further
,1 • i> 1 1 ^ Tr,' provisions as to
m the various parts 01 the country, and among the difierent public schools, orders of the people, it shall be the duty of legislatures and mlnt^^Arts. magistrates, in all future periods of this commonwealth, to xlvl^"'^ cherish the interests of literature and the sciences, and all 503^"^"' ^°°' seminaries of them; especially the university at Cambridge, loa Mass. 94, 97. public schools and grammar schools in the towns; to en- courage private societies and public institutions, rewards and
30
CONSTITUTION OF THE
Immunities, for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and a natural history of the country; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and frugality, honesty and punctuality in their dealings; sincerity, good humor, and all social affec- tions, and generous sentiments, among the people.
CHAPTER VI.
Oaths, etc.
Abolished. See amend- ments, Art. VII.
Declaration and oaths of all officers.
For new oath of allegiance, see amend- ments, Art. VI.
OATHS AND SUBSCRIPTIONS; INCOMPATIBILITY OF AND EX- CLUSION FROM offices; pecuniary qualifications; commissions; writs; confirmation of laws; habeas corpus; the enacting style; continuance of offi- cers; provision for a future revisal of the con- stitution, ETC.
Article I. [Any person chosen governor, lieutenant- governor, councillor, senator, or representative, and accept- ing the trust, shall, before he proceed to execute the duties of his place or office, make and subscribe the following declaration, viz.:
" I, A. B., do declare, that I believe the Christian reh- gion, and have a firm persuasion of its truth; and that I am seised and possessed, in my own right, of the property required by the constitution, as one qualification for the office or place to which I am elected."
And the governor, lieutenant-governor, and councillors, shall make and subscribe the said declaration, in the presence of the two houses of assembly; and the senators and repre- sentatives, first elected under this constitution, before the president and five of the council of the former constitution; and forever afterwards before the governor and council for the time being.l
And every person chosen to either of the places or offices aforesaid, as also any person appointed or commissioned to any judicial, executive, military, or other office under the government, shall, before he enters on the discharge of the business of his place or office, take and subscribe the follow- ing declaration, and oaths or affirmations, viz. :
[" I, A. B., do truly and sincerely acknowledge, profess, testify, and declare, that the Commonwealth of Massachu- setts is, and of right ought to be, a free, sovereign, and
COMMONWEALTH OF MASSACHUSETTS. 31
independent state; and I do swear, that I will bear true faith and allegiance to the said commonwealth, and that I will defend the same against traitorous conspiracies and all hostile attempts whatsoever; and that I do renounce and abjure all allegiance, subjection, and obedience to the king, queen, or government of Great Britain (as the case may be), and every other foreign power whatsoever; and that no foreign prince, person, prelate, state, or potentate, hath, or ought to have, any jurisdiction, superiority, pre-eminence, authority, dispensing or other power, in any matter, civil, ecclesiastical, or spiritual, within this commonwealth, except the authority and power which is or may be vested by their constituents in the congress of the United States: and I do further testify and declare, that no man or body of men hath or can have any right to absolve or discharge me from the obligation of this oath, declaration, or affirmation; and that I do make this acknowledgment, profession, testimony, declaration, denial, renunciation, and abjuration, heartily and truly, according to the common meaning and acceptation of the foregoing w^ords, without any equivocation, mental evasion, or secret reservation whatsoever. So help me, God."]
"I, A. B., do solemnly swear and affirm, that I will faith- Oath of office. fully and impartially discharge and perform all the duties incumbent on me as , according to the best of
my abilities and understanding, agreeably to the rules and regulations of the constitution and the laws of the common- wealth. So help me, God."
Provided, always, that when any person chosen or ap- Proviso, pointed as aforesaid, shall be of the denomination of the ments^Art'vi. people called Quakers, and shall decline taking the said oath[s], he shall make his affirmation in the foregoing form, and subscribe the same, omitting the words, ["/ do swear," *^and abjure," "oath or," "and abjuration," in the first oath, and in the second oath, the words] "swear and," and [in each of them] the words "So help me, God;" subjoining instead thereof, " This I do under the pains and penalties of perjury."
And the said oaths or affirmations shall be taken and Oathsand
..,,,, -. , amrmations,
subscribed by the governor, lieutenant-governor, and coun- how adminis- cillors, before the president of the senate, m the presence of the two houses of assembly; and by the senators and representatives first elected under this constitution, before the president and five of the council of the former constitu-
32
CONSTITUTION OF THE
Plurality of offices pro- hibited to gov- ernor, etc., except, etc. See amend- ments, Art. VIII.
Same subject. 1 Allen, 553.
Incompatible offices.
For further pro- visions as to incompatible offices, see amendments, Art. VIII. Officers of Har- vard College excepted by amendments. Art. XXVII.
Incompatible offices.
Bribery, etc., disqualify.
tion; and forever afterwards before the governor and council for the time being; and by the residue of the officers afore- said, before such persons and in such manner as from time to time shall be prescribed by the legislature.
II. No governor, lieutenant-governor, or judge of the supreme judicial court, shall hold any other office or place, under the authority of this commonwealth, except such as by this constitution they are admitted to hold, saving that the judges of the said court may hold the offices of justices of the peace through the state; nor shall they hold any other place or office, or receive any pension or salary from any other state or government or power whatever.
No person shall be capable of holding or exercising at the same time, within this state, more than one of the fol- lowing offices, viz. : judge of probate — sheriff — register of probate — or register of deeds ; and never more than any two offices, which are to be held by appointment of the governor, or the governor and council, or the senate, or the house of representatives, or by the election of the people of the state at large, or of the people of any county, military offices, and the offices of justices of the peace excepted, shall be held by one person.
No person holding the office of judge of the supreme judicial court — secretary — attorney-general — solicitor- general — treasurer or receiver-general — judge of probate
— commissary-general — [president, professor, or instruc- tor of Harvard College] — sheriff* — clerk of the house of representatives — register of probate — register of deeds
— clerk of the supreme judicial court — clerk of the inferior court of common pleas — or officer of the customs, including in this description naval officers — shnM at the same time have a seat in the senate or house of representatives; but their being chosen or appointed to, and accepting the same, shall operate as a resignation of their seat in the senate or house of representatives; and the place so vacated shall be filled up.
And the same rule shall take place in case any judge of the said supreme judicial court, or judge of probate, shall accept a seat in council; or any councillor shall accept of either of those offices or places.
And no person shall ever be admitted to hold a seat in the legislature, or any office of trust or importance under the government of this commonwealth, who shall, in the due
respecting commissions.
COMMOIsm^EALTH OF MASSACHUSETTS. 33
course of law, have been convicted of bribery or corruption in obtaining an election or appointment.
III. [In all cases where sums of money are mentioned in Vaiue of money this constitution, the value thereof shall be computed in '*®^'"^ silver, at six shillings and eight pence per ounce; and it shall g^t^nj^ay '" be in the power of the legislature, from time to time, to be increased. increase such qualifications, as to property, or the persons to ments. Ans. be elected to offices, as the circumstances of the common- xxxiv. wealth shall require. 1
IV. All commissions shall be in the name of the Com- Provisions monwealth of Massachusetts, signed by the governor and attested by the secretary or his deputy, and have the great seal of the commonwealth affixed thereto.
V. All writs, issuing out of the clerk's office in any of the Provisions re- courts of law, shall be in the name of the Commonwealth of 2'pick!^592" Massachusetts; they shall be under the seal of the court ^s'^GrayfVi. from whence they issue; they shall bear test of the first
justice of the court to which they shall be returnable, who is not a party, and be signed by the clerk of such court.
VI. All the laws which 'have heretofore been adopted, g^mlr "aS." ''^ used, and approved in the Province, Colony, or State of ^x^pt, etj:. Massachusetts Bay, and usually practised on in the courts of 2 M.ass.^534.^^^ law, shall still remain and be in full force, until altered or le Pick. loV, repealed by the legislature; such parts only excepted as2Met. iis. are repugnant to the rights and liberties contained in this constitution,
VII. The privilege and benefit of the writ of habeas Benefit of corpus shall be enjoyed in this commonwealth, in the most secured, ex- free, easy, cheap, expeditious, and ample manner; and shall ^^ '^'^■ not be suspended by the legislature, except upon the most urgent and pressing occasions, and for a limited time, not exceeding twelve months.
VIII. The enacting style, in making and passing all acts. The enacting statutes, and laws, shall be — " Be it enacted by the Senate ^*^ ®'
and House of Representatives in General Court assembled, and by the authority of the same."
IX. [To the end there may be no failure of justice, or officers of danger arise to the commonwealth from a change of the ment continued form of government, all officers, civil and military, holding ^"^ ' • ® ''• commissions under the government and people of Massa- chusetts Bay in New England, and all other officers of the
said government and people, at the time this constitution shall take effect, shall have, hold, use, exercise, and enjoy,
34
CONSTITUTION OF THE
Provision for revising con- stitution. For existing provision as to amendments, see amend- ments, Art. IX.
Provision for revising con- stitution.
Provision for preserving and publishing this conetitution .
all the powers and authority to them granted or committed, until other persons shall be appointed in their stead; and all courts of law shall proceed in the execution of the business of their respective departments; and all the executive and legislative oflBcers, bodies, and powers shall continue in full force, in the enjoyment and exercise of all their trusts, em- ployments and authority; until the general court, and the supreme and executive officers under this constitution, are designated and invested with their respective trusts, powers, and authority.]
X. [In order the more effectually to adhere to the prin- ciples of the constitution, and to correct those violations which by any means may be made therein, as well as to form such alterations as from experience shall be found necessary, the general court which shall be in the year of our Lord one thousand seven hundred and ninety-five, shall issue precepts to the selectmen of the several towns, and to the assessors of the unincorporated plantations, directing them to convene the qualified voters of their respective towns and plantations, for the purpose of collecting their sentiments on the necessity or expediency of revising the constitution, in order to amendments.
And if it shall appear, by the returns made, that two- thirds of the qualified voters throughout the state, who shall assemble and vote in consequence of the said precepts, are in favor of such revision or amendment, the general court shall issue precepts, or direct them to be issued from the secretary's office, to the several towns to elect delegates to meet in convention for the purpose aforesaid.
The said delegates to be chosen in the same manner and proportion as their representatives in the second branch of the legislature are by this constitution to be chosen.]
XI. This form of government shall be enrolled on parch- ment, and deposited in the secretary's office, and be a part of the laws of the land; and printed copies thereof shall be prefixed to the book containing the laws of this common- wealth, in all future editions of the said laws.
Bill, etc., not approved within five days, not to become a law
ARTICLES OF AMENDMENT.
Article I. If any bill or resolve shall be objected to, and not approved by the governor; and if the general court shall adjourn within five days after the same shall have been
COMMONWEALTH OF MASSACHUSETTS. 35
laid before the governor for his approbation, and thereby if legislature prevent his returning it 'w^th his objections, as provided by mean time. the constitution, such bill or resolve shall not become a law, see const.,' ch. nor have force as such. ^'^^' ^^' ^^"
Art. II. The general court shall have full power and em^wi^X authority to erect and constitute municipal or city govern- Jjl^fLs'^sIl' ments, in any corporate town or towns in this common- Seeamend- wealth, and to grant to the inhabitants thereof such powers, XLviiand' privileges, and immunities, not repugnant to the constitu- initiative, ii? tion, as the general court shall deem necessary or expedient referend^um,^^^ for the regulation and government thereof, and to prescribe ^^^' ®®*'*- ^• the manner of calling and holding public meetings of the inhabitants, in wards or otherwise, for the election of officers under the constitution, and the manner of returning the votes given at such meetings. Provided, that no such govern- Proviso. ment shall be erected or constituted in any town not con- taining twelve thousand inhabitants, nor unless it be with the consent, and on the application of a majority of the inhabitants of such town, present and voting thereon, pur- suant to a vote at a meeting duly warned and holden for that purpose. And provided, also, that all by-laws, made by such municipal or city government, shall be subject, at all times, to be annulled by the general court.
Art. III. Every male citizen of twenty-one years of age QuaUfications and upwards, excepting paupers and persons under guardian- fovernol!'^'^ ship, who shall have resided within the commonwealth one governs,*' vear, and within the town or district in which he mav claim senators and
• . • 1 1 t"^ representa-
a right to vote, six calendar months next preceding anv tives.
, , . „ ^^ ^ . \^ ^ " See amend-
election ot governor, lieutenant-governor, senators, or repre- ments, Arta. sentatives, [and who shall have paid, by himself, or his xxxii, xl parent, master, or guardian, any state or county tax, which u pidi^^ss, shall, within two years next preceding such election, have If-p-^^i^ 341 been assessed upon him, in anv town or district of this com- J* ^^f^^, J^Lo
11 "• • 1 1 11 1 1 1 5 Met. 162, 298,
monwealth; and also everv citizen who shall be, by law, 591,594.
. .7 Gray, 299
exempted from taxation, and who shall be, in all other 122 Mass. 595, respects, qualified as above mentioned,] shall have a right to mMass. 596. vote in such election of governor, lieutenant-governor, sen- For educational
. ° , " 1 11 1 qualification,
ators, and representatives; and no other person shall be seeamend- entitled to vote in such election. xx.
For provision as to those who have served iR the army or navy in time of war, see amendments, Arts. XXVIII and XXXI. See also amendments, Art. XXIII, which was annulled by amendments. Art. XXVI.
For absentee voting, see amendments. Art. XLV.
Art. IV. Notaries public shall be appointed by the gov- Notaries pub- ernor in the same manner as judicial officers are appointed, apboinTed
and removed.
36
CONSTITUTION OF THE
See amend- ments, Art. XXXVII.
Vacancies in the offices of secretary and treasurer, how filled.
This clause superseded by amendments. Art. XVII.
Commissary- general may be appointed, in case, etc.
Militia officers, how removed.
and shall hold their offices during seven years, unless sooner removed by the governor, with the consent of the council, upon the address of both houses of the legislature.
For appointment of women as notaries public, see amendments, Art. LVII.
[In case the office of secretary or treasurer of the com- monwealth shall become vacant from any cause, during the recess of the general court, the governor, with the adxice and consent of the council, shall nominate and appoint, under such regulations as may be prescribed by law, a com- petent and suitable person to such vacant office, who shall hold the same until a successor shall be appointed by the general court.]
[Whenever the exigencies of the commonwealth shall re- quire the appointment of a commissary-general, he shall be nominated, appointed, and commissioned, in such manner as the legislature may, by law, prescribe.
AH officers commissioned to command in the mihtia may be removed from office in such manner as the legislature may, by law, prescribe.]
Last two paragraphs of Art. IV annulled and superseded by amendments. Art. LIII.
Who may vote Alt. V. [In the clcctions of captains and subalterns of subalterns. the militia, all the members of their respective companies,
as well those under as those above the age of twenty-one
years, shall have a right to vote.]
This article annulled and superseded by amendments. Art. LIII.
Art. VI. Instead of the oath of allegiance prescribed by the constitution, the following oath shall be taken and sub- scribed b}' every person chosen or appointed to any office, civil or military, under the government of this common- wealth, before he shall enter on the duties of his office, to wit : —
"I, A. B., do solemnly swear, that I will bear true faith and allegiance to the Commonwealth of Massachusetts, and will support the constitution thereof. So help me, God."
Provided, That when any person shall be of the denomina- tion called Quakers, and shall decline taking said oath, he shall make his affirmation in the foregoing form, omitting the word " swear " and inserting, instead thereof, the word " affirm," and omitting the words " So help me, God," and subjoining, instead thereof, the words, " This I do under the pains and penalties of perjury."
Art. VII. No oath, declaration, or subscription, except- ing the oath prescribetl in the preceding article, and the oath of office, shall be required of the governor, lieutenant-
Oath to be taken by all officers. See Const., Ch. VL Art. I.
Proviso. Quakers may affirm.
Tests abol- ished.
COMIMOXWEALTH OF MASSACHUSETTS. 37
governor, councillors, senators, or representatives, to qualify them to perform the duties of their respective offices.
Art. VIII. No judge of any court of this commonwealth, incompatibility (except the court of sessions,) and no person holding any 122 Mass! 445, office under the authority of the United States, (postmasters i23Mass. 525. excepted,) shall, at the same time, hold the office of gov- ernor, lieutenant-governor, or councillor, or have a seat in the senate or house of representatives of this commonwealth; and no judge of any court in this commonwealth, (except the court of sessions,) nor the attorney-general, solicitor- general, county attorney, clerk of any court, sheriflf, treas- urer and receiver-general, register of probate, nor register of deeds, shall continue to hold his said office after being elected a member of the Congress of the United States, and accepting that trust; but the acceptance of such trust, by any of the officers aforesaid, shall be deemed and taken to be a resignation of his said office; and judges of the courts of common pleas shall hold no other office under the govern- ment of this commonwealth, the office of justice of the peace and militia offices excepted.
Art. IX. [If, at any time hereafter, any specific and par- Amendments to
,•1 1 , 1 X J. J.1 x'x J-* 1 constitution,
ticular amendment or amendments to the constitution be how made. proposed in the general court, and agreed to by a majority Jn^nuiled'^by of the senators and two-thirds of the members of the house oeneral'pJ^' of representatives present and voting thereon, such proposed visions, viii. amendment or amendments shall be entered on the journals of the two houses, with the yeas and nays taken thereon, and referred to the general court then next to be chosen, and shall be published; and if, in the general court next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of the senators and two-thirds of the members of the house of representatives present and voting thereon, then it shall be the duty of the general court to submit such proposed amendment or amendments to the people; and if they shall be approved and ratified by a majority of the qualified voters, voting thereon, at meetings legally warned and holden for that purpose, they shall be- come part of the constitution of this commonwealth.]
Art. X. The political year shall begin on the first commence- Wednesday of January, instead of the last Wednesday of cai year. ]May; and the general court shall assemble every year on si^ for /''^°^" the said first Wednesday of January, and shall proceed, at ^^nJSiiy"^ that session, to make all the elections, and do all the other ^nt^Arl' acts, which are by the constitution required to be made and lxiv, sect. 3.
38
CONSTITUTION OF THE
Termination of political year.
Governor, etc., to be elected biennially. 8ee amend- ments, Art. LXIV, sect 1.
Meetings for the choice of gov- ernor, lieuten- ant-governor, etc., when to be held. This clause superseded by amendments, Art. XV,
Article, when to go into operation.
Inconsistent
provisions
anniilled.
done at the session which has heretofore commenced on the last Wednesday of May. And the general court shall be dissolved on the day next preceding the first Wednesday of January, without any proclamation or other act of the governor. But nothing herein contained shall prevent the general court from assembling at such other times as they shall judge necessary, or when called together by the gov- ernor. The governor, lieutenant-governor and councillors, shall also hold their respective offices for one year next fol- lowing the first Wednesday of January, and until others are chosen and qualified in their stead.
[The meeting for the choice of governor, lieutenant- governor, senators, and representatives, shall be held on the second INIonday of November in every year; but meetings may be adjourned, if necessary, for the choice of repre- sentatives, to the next day, and again to the next succeeding day, but no further. But in case a second meeting shall be necessary for the choice of representatives, such meetings shall be held on the fourth ISIonday of the same month of November.]
All the other provisions of the constitution, respecting the elections and proceedings of the members of the general court, or of any other officers or persons whatever, that have reference to the last Wednesday of IVIay, as the commence- ment of the political year, shall be so far altered, as to have like reference to the first Wednesday of January.
[This article shall go into operation on the first day of October, next following the day when the same shall be duly ratified and adopted as an amendment of the constitution; and the governor, lieutenant-governor, councillors, senators, representatives, and all other state officers, who are annually chosen, and who shall be chosen for the current year, when the same shall go into operation, shall hold their respective offices until the first Wednesday of January then next follow- ing, and until others are chosen and qualified in their stead, and no longer; and the first election of the governor, lieuten- ant-governor, senators, and representatives, to be had in virtue of this article, shall be had conformably thereunto, in the month of November following the day on which the same shall be in force, and go into operation, pursuant to the foregoing provision.
All the provisions of the existing constitution, inconsist- ent with the provisions herein contained, are hereby wholly annulled.]
COMMONWEALTH OF MASSACHUSETTS. 39
Art. XI. Instead of the third article of the bill of S^ rights, the follo\\ang modification and amendment thereof fg^ j^'eg^^^f is substituted : — i^'shts, Art.
"As the public worship of God and instructions in piety, Seeamend- religion, and morality, promote the happiness and pros- xlyi'and^" perity of a people, and the security of a republican govern- initiative, iif ment; therefore, the several religious societies of this com- rlferendumTm, momvealth, whether corporate or unincorporate, at any s«<=*- 2- meeting legally warned and holden for that purpose, shall ever have the right to elect their pastors or religious teachers, to contract with them for their support, to raise money for erecting and repairing houses for public worship, for the maintenance of religious instruction, and for the pajment of necessary expenses; and all persons belonging to any reli- gious society shall be taken and held to be members, until they shall file with the clerk of such society a written notice, declaring the dissolution of their membership, and thence- forth shall not be liable for any grant or contract which may be thereafter made, or entered into by such society; and all religious sects and denominations, demeaning them- 122 Mass. 40, 41. selves peaceably, and as good citizens of the commonwealth, shall be equally under the protection of the law; and no subordination of any one sect or denomination to another shall ever be established by law."
Art. XII. [In order to provide for a representation of Census of rata-
1 . . <> 1 • IIP 11 1 .Die polls to be
the citizens or this commonwealth, loundea upon the prin- taken in issr, ciples of equality, a census of the ratable polls, in each city, thereafter. town, and district of the commonwealth, on the first day of was^superseded May, shall be taken and returned into the secretary's ofiice, m^nt'^f Art. in such manner as the legislature shall provide, within the •^^^^',^'^\";L,
o ir ' w as also super-
month of INIay, in the year of our Lord one thousand eight seded by
•,,,,,. ,. ,° amendments,
hundred and thirty-seven, and m every tenth year there- Art. xxi. after, in the month of INIay, in manner aforesaid; and each Representa- town or city having three hundred ratable polls at the last aj^rtiored. preceding decennial census of polls, may elect one representa- tive, and for every four hundred and fifty ratable polls in addition to the first three hundred, one representative more.
Any town having less than three hundred ratable polls Towns having shall be represented thus: The whole number of ratable rSlbie^^iis, polls, at the last preceding decennial census of polls, shall be se^nted.^"^^ multiplied by ten, and the product divided by three hundred; and such town may elect one representative as many years within ten years, as three hundred is contained in the product aforesaid.
40
CONSTITUTION OF THE
Fractions, how represented.
Towns may unite into repre- sentative dis- tricts.
The governor and council to determine the number of repv- resentatives to which each town is en- titled.
New appor- tionment to be made once in every ten years.
Inconsistent
provisions
annulled.
Any city or town having ratable polls enough to elect one or more representatives, with any number of polls beyond the necessary number, may be represented, as to that surplus number, by multiplying such surplus number by ten and dividing the product by four hvuidred and fifty; and such city or town may elect one additional representative as many years, within the ten years, as four hundred and fifty is contained in the product aforesaid.
Any two or more of the several towns and districts may, by consent of a majority of the legal voters present at a legal meeting, in each of said towns and districts, respectively, called for that purpose, and held previous to the first day of July, in the year in which the decennial census of polls shall be taken, form themselves into a representative district to continue until the next decennial census of polls, for the election of a representative, or representatives; and such district shall have all the rights, in regard to representation, which would belong to a town containing the same number of ratable polls.
The governor and council shall ascertain and determine, within the months of July and August, in the year of our Lord one thousand eight hundred and thirty-seven, accord- ing to the foregoing principles, the number of representatives, which each city, town, and representative district is entitled to elect, and the number of years, within the period of ten years then next ensuing, that each city, town, and repre- sentative district may elect an additional representative; and where any town has not a sufficient number of polls to elect a representative each year, then, how many years within the ten years, such town may elect a representative; and the same shall be done once in ten years, thereafter, by the governor and council, and the number of ratable polls in each decennial census of polls, shall determine the number of representatives, which each city, town and representative district may elect as aforesaid; and when the number of representatives to be elected by each city, town, or repre- sentative district is ascertained and determined as aforesaid, the governor shall cause the same to be published forthwith for the information of the people, and that number shall remain fixed and unalterable for the period of ten years.
All the provisions of the existing constitution inconsist- ent with the provisions herein contained, are hereby wholly annulled. 1
COMMONWEALTH OF MASSACHUSETTS. 41
Art. XIII. [A census of the inhabitants of each city and hSntlto'be town, on the first day of May, shall be taken, and returned *nd^°i^"g^^f • into the secretary's office, on or before the last day of June, aiiy thereafter, of the year one thousand eight hundred and forty, and of representation. every tenth year thereafter; which census shall determine tJ^cIlfsussu- the apportionment of senators and representatives for the amendments, term of ten years. 122 Mass. 595. and xxii
The several senatorial districts now existing shall be per- Senatorial dis- manent. The senate shall consist of forty members; and in permanenr^*^ the year one thousand eight hundred and forty, and every fo°enator^s''^ tenth year thereafter, the governor and council shall assign l^^n^f^gnts^ the number of senators to be chosen in each district, accord- Art. xxii. ' ing to the number of in.habitants in the same. But, in all cases, at least one senator shall be assigned to each district.
The members of the house of representatives shall be House of repre-
, • 1 • ,-1 J? n • T? J. 'j. sentatives, how
apportioned m tne loUowing manner: Every town or city apportioned. containing tw^elve hundred inhabitants may elect one repre- Te^r'^ientatfves*^ sentative; and tw^o thousand four hundred inhabitants shall l^endments^ be the mean increasing number, which shall entitle it to an Art. xxi. additional representative.
Every tow^n containing less than twelve hundred inhab- Smaii towns, itants shall be entitled to elect a representative as many sented. times within ten years as the number one hundred and sixty is contained in the number of the inhabitants of said town. Such towns may also elect one representative for the year in which the valuation of estates within the commonwealth shall be settled.
Any two or more of the several towns mav, by consent of Towns may
V . „ , , , 11 • • unite into
a majority 01 the legal voters present at a legal meeting, in representative
each of said towns, respectively, called for that purpose, and
held before the first day of August, in the year one thousand
eight hundred and forty, and every tenth year thereafter,
form themselves into a representative district, to continue
for the term of ten years; and such district shall have all the
rights, in regard to representation, which would belong to a
town containing the same number of inhabitants.
The number of inhabitants which shall entitle a town to Basis of elect one representative, and the mean increasing number Pdr!ft?o^of°°' w^hich shall entitle a town or city to elect more than one, "^<5rease. and also the number by which the population of towns not entitled to a representative every year is to be divided, shall be increased, respectively, by one-tenth of the numbers above ■ mentioned, whenever the population of the commonwealth
42
CONSTITUTION OF THE
The governor and council to apportion the number of representatives of each town once in every ten years.
Councillors to be chosen from the people at large.
Provisions as to councillors superseded by amendments, Art. XVI.
Qualifications of councillors.
Freehold as a qualification for a seat in gen- eral court or council not required. Elections by the people to be by plurality of votes.
Time of annual election of gov- ernor and legis- lature.
For change to biennial elec- tions, see amendments, Art. LXIV, sects. 1-4.
Eight council- lors to be chosen by the people. 122 Mass. 595, 598.
For change to biennial elec- tions, see amendments, Art. I.XIV, sects. 1-4. For compulsory voting, see
shall have Increased to seven hundred and seventy thousand, and for every additional increase of seventy thousand in- habitants, the same addition of one-tenth shall be made, respectively, to the said numbers above mentioned.
In the year of each decennial census, the governor and council shall, before the first day of September, apportion the number of representatives which each city, town, and representative district is entitled to elect, and ascertain how many years, within ten years, any town may elect a repre- sentative, which is not entitled to elect one every year; and the governor shall cause the same to be published forthwith.
Nine councillors shall be annually chosen from among the people at large, on the first Wednesday of January, or as soon thereafter as may be, by the joint ballot of the senators and representatives, assembled in one room, who shall, as soon as may be, in like manner, fill up any vacancies that may happen in the council, by death, resignation, or other- wise. No person shall be elected a councillor, who has not been an inhabitant of this commonwealth for the term of five years immediately preceding his election; and not more than one councillor shall be chosen from any one senatorial district in the commonwealth.]
No possession of a freehold, or of any other estate, shall be required as a qualification for holding a seat in either branch of the general court, or in the executive council.
Art. XIV. In all elections of civil officers by the people of this commonwealth, whose election is provided for by the constitution, the person having the highest number of votes shall be deemed and declared to be elected.
Art. XV. The meeting for the choice of governor, lieutenant-governor, senators, and representatives, shall be held on the Tuesday next after the first Monday in Novem- ber, annually ; but in case of a failure to elect representatives on that day, a second meeting shall be holden, for that pur- pose, on the fourth Monday of the same month of November.
For compulsory voting, see amendments. Art. LXI.
Art. XVI. Eight councillors shall be [annually] chosen by the inhabitants of this commonwealth, qualified to vote for governor. The election of councillors shall be determined by the same rule that is required in the election of governor. The legislature, at its first session after this amendment shall have been adopted, and at its first session after the next state census shall have been taken, and at its first session after each decennial state census thereafterwards, shall
COMMONWEALTH OF MASSACHUSETTS. 43
divide the commonwealth into eight districts of contiguous amendments, territory, each containing a number of inhabitants as nearly Legislature to equal as practicable, without dividing any town or ward of district state. a city, and each entitled to elect one councillor: provided, Proviso. however, that if, at any time, the constitution shall provide for the division of the commonwealth into forty senatorial districts, then the legislature shall so arrange the councillor districts, that each district shall consist of five contiguous senatorial districts, as they shall be, from time to time, established by the legislature. No person shall be eligible Eligibility to the office of councillor who has not been an inhabitant of ® °® • the commonwealth for the term of five years immediately preceding his election. The day and manner of the election. Day and man- the return of the votes, and the declaration of the said elec- et*c.° ®®"*"'°' tions, shall be the same as are required in the election of governor. [Whenever there shall be a failure to elect the Vacancies, how full number of councillors, the vacancies shall be filled in the For new pro- sam.e manner as is required for filling vacancies in the senate; vacancfls**^ee and vacancies occasioned by death, removal from the state, Art^'xxv'*^^' or otherwise, shall be filled, in like manner, as soon as may be, after such vacancies shall have happened.] And that organization of there may be no delay in the organization of the government ment. on the first Wednesday of January, the governor, with at least five councillors for the time being, shall, as soon as may be, examine the returned copies of the records for the election of governor, lieutenant-governor, and councillors; and ten days before the said first Wednesday in January he shall issue his summons to such persons as appear to be chosen, to attend on that day to be qualified accordingly; and the secretary shall lay the returns before the senate and house of representatives on the said first Wednesday in Jan- uary, to be by them examined; and in case of the election of either of said officers, the choice shall be by them declared and published; but in case there shall be no election of either of said officers, the legislature shall proceed to fill such vacancies in the manner provided in the constitution for the choice of such officers.
Art. XVII. The secretary, treasurer and receiver-gen- Election of eral, auditor, and attorney-general, shall be chosen [annually,] treasu'^er,' on the day in November prescribed for the choice of gov- attorney^'en- ernor; and each person then chosen as such, duly qualified ^^^^i by the in other respects, shall hold his office for the term of [one For election year] from the third Wednesday in January next thereafter, see amend- and until another is chosen and qualified in his stead. The lxiv] Jot. i.
44
CONSTITUTION OF THE
For compulsory voting, see amendments. Art. LXI.
Vacancies, how filled.
To qualify within ten days, other- wise office to be deemed vacant.
Qualification requisite.
School moneys not to be ap- plied for secta- rian schools. For original provision as to schools, see constitution, Part First, Art. III.
12 Allen, 500,508. 103 Mass. 94, 96. This article was superseded by amendments, Art. XLVI. Legislature to prescribe for the election of sheriffs, regis- ters of probate, etc.
See amend- ments,
Art. XXXVI. 8 Gray, 1.
13 Gray, 74.
qualification of the voters, the manner of the election, the return of the votes, and the declaration of the election, shall be such as are required in the election of governor. In case of a failure to elect either of said officers on the day in November aforesaid, or in case of the decease, in the mean time, of the person elected as such, such officer shall be chosen on or before the third Wednesday in January next thereafter, from the two persons who had the highest num- ber of votes for said offices on the day in November afore- said, by joint ballot of the senators and representatives, in one room; and in case the office of secretary, or treasurer and receiver-general, or auditor, or attorney-general, shall become vacant, from any cause, during an annual or special session of the general court, such vacancy shall in like man- ner be filled by choice from the people at large; but if such vacancy shall occur at any other time, it shall be supplied by the governor by appointment, with the advice and con- sent of the council. The person so chosen or appointed, duly qualified in other respects, shall hold his ofiice until his suc- cessor is chosen and duly qualified in his stead. In case any person chosen or appointed to either of the offices aforesaid, shall neglect, for the space of ten days after he could other- wise enter upon his duties, to qualify himself in all respects to enter upon the discharge of such duties, the office to which he has been elected or appointed shall be deemed vacant. No person shall be eligible to either of said offices unless he shall have been an inhabitant of this commonwealth five years next preceding his election or appointment.
Art. XVIII. [Ail moneys raised by taxation in the towns and cities for the support of public schools, and all moneys which may be appropriated by the state for the support of common schools, shall be applied to, and expended in, no other schools than those which are conducted according to law, under the order and superintendence of the authorities of the town or city in which the money is to be expended; and such moneys shall never be appropriated to any religious sect for the maintenance, exclusively, of its own school.]
Art. XIX. The legislature shall prescribe, by general law, for the election of sheriffs, registers of probate, [com- missioners of insolvency,] and clerks of the courts, by the people of the several counties, and that district-attorneys shall be chosen by the people of the several districts, for such term of office as the legislature shall prescribe.
110 Mass. 172, 173. 117 Mass. 602, 603. 121 Mass. 65.
COMMONWEALTH OF MASSACHUSETTS. 45
Art. XX. No person shall have the right to vote, or' be Reading consti- eligible to office under the constitution of this common- Engiishind wealth, who shall not be able to read the constitution in the Twy quaiifil?- English language, and write his name: provided, however, Provi°o ^°'®''^' that the provisions of this amendment shall not apply to fcatfonf '^^^''" any p)erson prevented by a physical disability from comply- amendments, ing with its requisitions, nor to any person who now has the See'aiso'amend- right to vote, nor to any persons who shall be sixty years of xxifi, which age or upwards at the time this amendment shall take effect, by^ame^nd-**'^
For absentee voting, see amendments, Art. XLV. vxah'
Art. XXI. A census of the legal voters of each city and Census of legai town, on the first day of May, shall be taken and returned inhabitants. into the office of the secretary of the commonwealth, on or etc. before the last day of June, in the year one thousand eight ^ • • *=• ^^• hundred and fifty-seven; and a census of the inhabitants of each city and town, in the year one thousand eight hundred and sixty-five, and of every tenth year thereafter. In the census aforesaid, a special enumeration shall be made of the legal voters; and in each city, said enumeration shall specify the number of such legal voters aforesaid, residing in each ward of such city. The enumeration aforesaid shall deter- mine the apportionment of representatives for the periods between the taking of the census.
The house of representatives shall consist of two hundred House of repre-
,. ,, , •Till" sentatives to
and forty members, which shall be apportioned by the legis- consist of 240 lature, at its first session after the return of each enumera- Legisiatul-e to tion as aforesaid, to the several counties of the common- 10 c'ray.'^eil.*'' wealth, equally, as nearly as may be, according to their relative numbers of legal voters, as ascertained by the next preceding special enumeration; and the town of Cohasset, in the county of Norfolk, shall, for this purpose, as well as in the formation of districts, as hereinafter provided, be considered a part of the county of Plymouth; and it shall be Secretary shaii the duty of the secretary of the commonwealth, to certify, ^rs' authorized as soon as may be after it is determined by the legislature, counties^ the number of representatives to which each county shall be entitled, to the board authorized to divide each county into representative districts. The mayor and aldermen of the city of Boston, the county commissioners of other counties than Suffolk, — or in lieu of the mayor and aldermen of the city of Boston, or of the county commissioners in each county other than Suffolk, such board of special commissioners in each county, to be elected by the people of the county, or of .the towns therein, as may for that purpose be provided by
46
CONSTITUTION OF THE
Meeting for division to be first Tuesday in August. Proceedings.
Qualifications of representa- tives.
122 Mass. 595, 598.
Districts to be numbered, described and certified.
Quorum. See amend- ments, Art. XXXIII.
Census, etc. See P. S. c. 31.
Voters to be basis of appor- tionment of senators.
Senate to con- sist of forty members.
law, — shall, on the first Tuesday of August next after each assignment of representatives to each county, assemble at a shire town of their respective counties, and proceed, as soon as may be, to divide the same into representative dis- tricts of contiguous territory, so as to apportion the repre- sentation assigned to each county equally, as nearly as may be, according to the relative number of legal voters in the several districts of each county; and such districts shall be so formed that no town or ward of a city shall be divided therefor, nor shall any district be made which shall be en- titled to elect more than three representatives. Every rep- resentative, for one year at least next preceding his election, shall have been an inhabitant of the district for which he is chosen, and shall cease to represent such district when he shall cease to be an inhabitant of the commonwealth. The districts in each county shall be numbered by the board creating the same, and a description of each, with the num- bers thereof and the number of legal voters therein, shall be returned by the board, to the secretary of the common- wealth, the county treasurer of each county, and to the clerk of every town in each district, to be filed and kept in their respective offices. The manner of calling and conducting the meetings for the choice of representatives, and of ascertain- ing their election, shall be prescribed by law. [Not less than one hundred members of the house of representatives shall constitute a quorum for doing business; but a less number may organize temporarily, adjourn from day to day, and compel the attendance of absent members.]
Art. XXII. A census of the legal voters of each city and town, on the first day of INIay, shall be taken and returned into the office of the secretary of the commonwealth, on or before the last day of June, in the year one thousand eight hundred and fifty-seven; and a census of the inhabitants of each city and town, in the year one thousand eight hundred and sixty-five, and of every tenth year thereafter. In the census aforesaid, a special enumeration shall be made of the legal voters, and in each city said enumeration shall specify the number of such legal voters aforesaid, residing in each ward of such city. The enumeration aforesaid shall deter- mine the apportionment of senators for the periods between the taking of the census. The senate shall consist of forty members. The general court shall, at its first session after each next preceding special enumeration, divide the com- monwealth into forty districts of adjacent territory, each
COMMOm\^ALTH OF MASSACHUSETTS. 47
district to contain, as nearly as may be, an equal number of dfslrirts^etc
legal voters, according to the enumeration aforesaid: pro- Seeame'nd-
mded, however, that no town or ward of a city shall be xxiv. ^'
divided therefor; and such districts shall be formed, as
nearly as may be, without uniting two counties, or parts
of two or more counties, into one district. Each district Qualifications
. . 01 senators.
shall elect one senator, who shall have been an inhabitant of this commonwealth Sa'c years at least immediately pre- ceding his election, and at the time of his election shall be an inhabitant of the district for which he is chosen; and he shall cease to represent such senatorial district when he shall cease to be an inhabitant of the commonwealth. [Not Quorum, less than sixteen senators shall constitute a quorum for do- ment™Trt" ing business; but a less number may organize temporarily, ■^•^■^^^^• adjourn from day to day, and compel the attendance of absent members.] Art. XXIII. [No person of foreign birth shall be entitled Residence of
1 11 1 1- •! 1 m I 1 1 11 1 two years re-
to vote, or shall be eligible to omce, unless he shall bave quired of natu- resided within the jurisdiction of the United States for two to entitle to years subsequent to his naturalization, and shall be other- makelugibie wise qualified, according to the constitution and laws of Th?fart'icie this commonwealth: 'provided, that this amendment shall not Art^xvf affect the rights which any person of foreign birth possessed at the time of the adoption thereof; and, provided, further, that it shall not affect the rights of any child of a citizen of the United States, born during the temporary absence of the parent therefrom.]
Art. XXIV. Any vacancy in the senate shall be filled tife'leniTe'" by election by the people of the unrepresented district, upon the order of a majority of the senators elected.
Art. XXV. In case of a vacancy in the council, from Vacancies in a failure of election, or other cause, the senate and house °''°^^'^ • of representati\'es shall, by concurrent vote, choose some eligible person from the people of the district wherein such vacancy occurs, to fill that office. If such vacancy shall hap- pen when the legislature is not in session, the governor, with the advice and consent of the council, may fill the same by appointment of some eligible person.
Art. XXVI. The twenty-third article of the articles of JSof*^'^ amendment of the constitution of this commonwealth, which ^Q^^e™®"^*^ is as follows, to wit: "No person of foreign birth shall be entitled to vote, or shall be eligible to office, unless he shall have resided within the jurisdiction of the United States for two years subsequent to his naturalization, and shall be
48
CONSTITUTION OF THE
Provisions of Art. II, Chap. VI, relating to officers of Har- vard College, annulled.
Superseded by Art. XXXI.
Voting pre- cincts in towns. For absentee voting provi- sion, see amendments, Art. XLV.
Voters not dis- qualified by reason of change of resi- dence until six months from time of removal. For absentee voting provi- sion, see amendments. Art. XLV.
Amendments, Art. XXVIII, amended.
Person who served in army or navy, etc., not disqualified from voting for non-payment of poll tax.
otherwise qualified, according to the constitution and laws of this commonwealth: provided, that this amendment shall not affect the rights which any person of foreign birth pos- sessed at the time of the adoption thereof; and provided, further, that it shall not affect the rights gf any child of a citizen of the United States, born during the temporary absence of the parent therefrom," is hereby v.^holly annulled.
Art. XXVII. So much of article two of chapter six of the constitution of this commonwealth as relates to persons holding the office of president, professor, or instructor of Harvkrd College, is hereby annulled.
Art. XXVin. No person having served in the army or navy of the United States in time of war, and having been honorably discharged from such service, if otherwise quali- fied to vote, shall be disqualified therefor on account of [being a pauper;] or[, if a pauper,] because of the non-payment of a poll tax.
Art. XXIX. The general court shall have full power and authority to provide for the inhabitants of the towns in this commonwealth more than one place of public meeting mthin the limits of each town for the election of officers under the constitution, and to prescribe the manner of calling, holding and conducting such meetings. All the provisions 'of the existing constitution inconsistent with the provisions herein contained are hereby annulled.
Art. XXX. No person, otherwise qualified to vote in elections for governor, lieutenant-governor, senators, and representatives, shall, by reason of a change of residence within the commonwealth, be disqualified from voting for said officers in the city or town from which he has removed his residence, until the expiration of six calendar months from the time of such removal.
Art. XXXI. Article twenty-eight of the amendments of the constitution is hereby amended by striking out in the fourth line thereof the words " being a pauper ", and inserting in place thereof the words: — receiving or having received aid from any city or tow^n, — and also by striking out in said fourth line the words " if a pauper ", so that the article as amended shall read as follows: Article XXVIII. No per- son having served in the army or navy of the United States in time of war, and having been honorably discharged from such service, if otherwise qualified to vote, shall be disquali- fied therefor on account of receiving or having received aid from any city or town, or because of the non-payment of a poll tax.
COMMONWEALTH OF MASSACHUSETTS. 49
Art. XXXII. So much of article three of the amend- Provisions of
. . , , . amendments,
ments of the constitution or the commonwealth as is con- Art. in, reia- tained in the following words: "and who shall have paid, mlntof^atex by himself, or his parent, master, or guardian, any state or ^u^iiS^twn, county tax, which shall, within two years next preceding annulled, such election, have been assessed upon him, in any town or district of this commonwealth; and also every citizen who shall be, by law, exempted from taxation, and w^ho shall be, in all other respects, qualified as above mentioned ", is hereby annulled.
Art. XXXIII. A maiority of the members of each branch Quorum, in
-, „ . p ji j^ each branch of
of the general court shall constitute a quorum tor the trans- the general
„,. 1,1 1 T i" 1 court, to con-
action of business, but a less number may adjourn from day gist of a to day, and compel the attendance of absent members. All Semterl°^ the provisions of the existing constitution inconsistent with the provisions herein contained are hereby annulled.
Art. XXXIV. So much of article two of section one of i'^ritfi"^ chapter tw^o of part the second of the constitution of the n'reiativ^to* commonwealth as is contained in the following words: property quaii-
111 1 • 1 • ^ • 1 ' fication of
and unless he shall at the same time be seised, in his governor, own right, of a freehold, within the commonwealth, of the ^ value of one thousand pounds"; is hereby annulled.
Art. XXXV. So much of article two of section three of ^',?X§ ni. chapter one of the constitution of the commonwealth as is phap. i, reia- contained in the following words: The expenses or travelling of travelling to to the general assembly, and returning home, once in every assembly by
1 "^1111 -iIj^i J. J. members of the
session, and no more, shall be paid by the government, out house, annulled. of the public treasury, to every member who shall attend as seasonably as he can, in the judgment of the house, and does not depart without leave ", is hereby annulled.
Art. XXXVI. So much of article nineteen of the articles Amendments, of amendment to the constitution of the commonwealth as is amended.' contained in the following words: "commissioners of in- solvency ", is hereby annulled.
Art. XXXVII. The governor, with the consent of the ^®"'?^^'^^gj. council, may remove justices of the peace and notaries public.
Art. XXXVin. Voting machines or other mechanical machfnes may devices for voting may be used at all elections under such ^IcUons^* regulations as may be prescribed by law: -provided, however, voting,"s^^°'^^ that the right of secret voting shall be preserved. Art^^Lxf*^'
Art. XXXIX. Article ten of part one of the constitu- Powers of the tion is hereby amended by adding to it the following Kvl'^to the words: — The legislature may by special acts for the purpose etc.^"^^^'*^ '^°'^' of laying out, widening or relocating highways or streets, ^g^^^^f^fg^"" authorize the taking in fee by the commonwealth, or by a lughways, etc.
50
CONSTITUTION OF THE
Proviso.
Amendments, Art. Ill, amended.
Taxation of wild or forest lands.
Referendum. This article annulled and superseded by amendments, Art. XLVIII, General Pro- visions, VIII.
Powers of the general court relative to the taking of land, etc., to relieve congestion of population and to provide homes for citizens. Proviso.
Powers of the general court relative to imjxjsing and levying a tax on income; exemptions, etc.
county, city or town, of more land and property than are needed for the actual construction of such highwaj^ or street : provided, however, that the land and property authorized to be taken are specified in the act and are no more in extent than would be sufficient for suitable building lots on both sides of such highway or street, and after so much of the land or property has been appropriated for such highway or street as is needed therefor, may authorize the sale of the remainder for value with or without suitable restrictions.
Art. XL. Article three of the amendments to the con- stitution is hereby amended by inserting after the word "guardianship", in hne two, the following: — and persons temporarily or permanently disqualified by law because of corrupt practices in respect to elections.
Art. XLI. Full power and authority are hereby given and granted to the general court to prescribe for wild or forest lands such methods of taxation as will develop and conserve the forest resources of the commonwealth.
Art. XLII. [Full power and authority are hereby given and granted to the general court to refer to the people for their rejection or approval at the ix>lls any act or resolve of the general court or any part or parts thereof. Such reference shall be by a majority yea and nay vote of all members of each house present and voting. Any act, resolve, or part thereof so referred shall be voted on at the regular state election next ensuing after such reference, shall become law if approved by a majority of the voters voting thereon, and shall take effect at the expiration of thirty days after the election at which it was approved or at such time after the expiration of the said thirty days as may be fixed in such act, resolve or part thereof.]
Art. XLIII. The general court shall have power to authorize the commonwealth to take land and to hold, im- prove, sub-divide, build upon and sell the same, for the purpose of relieving congestion of population and providing homes for citizens: provided, however, that this amendment shall not be deemed to authorize the sale of such land or buildings at less than the cost thereof.
Credit of the commonwealth restricted by amendments. Art. LXII, sect. 1.
Art. XLIV. Full power and authority are hereby given and granted to the general court to impose and levy a tax on income in the manner hereinafter provided. Such tax may be at different rates upon income derived from different classes of property, but shall be levied at a uniform rate
COMIVIONWEALTH OF IVIASSACHUSETTS. 51
throughout the commonwealth upon incomes derived from the same class of property. The general court may tax in- come not derived from property at a lower rate than income derived from property, and may grant reasonable exemptions and abatements. Any class of property the income from which is taxed under the provisions of this article may be exempted from the imposition and lev\dng of proportional and reasonable assessments, rates and taxes as at present authorized by the constitution. This article shall not be construed to limit the power of the general court to impose ' and levy reasonable duties and excises.
Art. XLV. The general court shall have power to pro- Powers of the vide by law for voting by qualified voters of the common- fo^proiidTby w^ealth who, at the time of an election, are absent from the sent^VoHng city or town of which they are inhabitants in the choice of For compulsory
voting see
any oflBcer to be elected or upon any question submitted at amendments,
1 1 . • Art, IjA.1,
such election.
Art. XLVI. (In place of article XVIII of the articles No law to pro- of amendment of the constitution ratified and adopted cise'of'rdi^on. April 9, 1821, the following article of amendment, sub- mentXntot mitted bv the constitutional convention, was ratified and be the subject
^^ ' of an initiative
adopted November 6, 1917.) Article XVIII. Section 1. s™®''^™^^*" No law shall be passed prohibiting the free exercise of ments, Art.
,. . ■^ ^ ^ XLVIII, The
religion. initiative, II,
Section 2. All moneys raised by taxation in the towns t^*^h^
,, ni'i r^uDlic money
and cities for the support of public schools, and all moneys not to be ex- which may be appropriated by the commonwealth for the educational, support of common schools shall be applied to, and ex- reu^'ousor pended in, no other schools than those which are conducted ti'oM'^nof'^"' according to law, under the order and superintendence of public o"wner- the authorities of the town or city in which the money is poJ|tro"'^etc expended; and no grant, appropriation or use of public Credit of the money or property or loan of public credit shall be made or wealth authorized by the commonwealth or any political division amendments, thereof for the purpose of founding, maintaining or aiding ^t. l^^^' any school or institution of learning, whether under public control or otherwise, wherein any denominational doctrine is inculcated, or any other school, or any college, infirmary, hospital, institution, or educational, charitable or religious undertaking which is not publicly owned and under the ex- clusive control, order and superintendence of public officers or public agents authorized by the commonwealth or federal authority or both, except that appropriations may be made Exceptions, for the maintenance and support of the Soldiers' Home in
52
CONSTITUTION OF THE
Care or sup- port in private hospitals, etc., of persons who are public charges.
Inmates of certain public institutions not to be de- prived of reli- gious exercises of their own faith; nor com- pelled to attend religious ser\acea, etc., against their will, etc. Time of taking effect.
General court to determine manner of dis- tribution of food, etc., during time of war, etc., by the common- wealth, cities and towns.
Initiative and
referendum,
definition.
Massachusetts and for free public libraries in any city or town, and to carry out legal obligations, if any, already entered into; and no such grant, appropriation or use of public money or property or loan of public credit shall be made or authorized for the purpose of founding, maintaining or aiding any church, religious denomination or society.
Section 3. Nothing herein contained shall be construed to prevent the commonwealth, or any political division thereof, from pa^dng to privately controlled hospitals, infirmaries, or institutions for the deaf, dumb or blind not more than the ordinary and reasonable compensation for care or support actually rendered or furnished by such hospi- tals, infirmaries or institutions to such persons as may be in whole or in part unable to support or care for themselves.
Section 4. Nothing herein contained shall be construed to deprive any inmate of a publicly controlled reformatory, penal or charitable institution of the opportunity of religious exercises therein of his own faith; but no inmate of such institution shall be compelled to attend religious services or receive religious instruction against his will, or, if a minor, without the consent of his parent or guardian.
Section 5. This amendment shall not take effect until the October first next succeeding its ratification and adop- tion by the people.
Art. XLVII. The maintenance and distribution at rea- sonable rates, during time of war, public exigency, emer- gency or distress, of a sufficient supply of food and other common necessaries of life and the providing of shelter, are public functions, and the commonwealth and the cities and towns therein may take and may provide the same for their inhabitants in such manner as the general court shall determine.
Art. XLVIII.
7. Definition.
Legislative power shall continue to be vested in the general court; but the people reserve to themselves the popular initiative, which is the power of a specified number of voters to submit constitutional amendments and laws to the people for approval or rejection; and the popular referendum, which is the power of a specified number of voters to submit laws, enacted by the general court, to the people for their ratification or rejection.
COMMONWEALTH OF IMASSACHUSETTS. 53
The Initiative. II. Initiative Petitions.
Section 1. Contents. — An initiative petition shall set Co°^entsof forth the full text of the constitutional amendment or law, petition. hereinafter designated as the measure, which is proposed by the petition.
Section 2. Excluded Matters. — No measure that relates Certain mat- to religion, religious practices or religious institutions; or to be proposed the appointment, qualification, tenure, removal, recall or p^tiTion^*'^^ compensation of judges; or to the reversal of a judicial decision; or to the powers, creation or abolition of courts; or the operation of which is restricted to a particular town, city or other political division or to particular districts or localities of the commonwealth; or that makes a specific appropriation of money from the treasury of the common- wealth, shall be proposed by an initiative petition; but if a Obligation law approved by the people is not repealed, the general c(^rt. whTna court shall raise by taxation or otherwise and shall appro- by the'^propil^'^ priate such money as may be necessary to carry such law into effect.
Neither the eighteenth amendment of the constitution, as Anti-aid approved and ratified to take effect on the first day of ^Tiied Urt. October in the year nineteen hundred and eighteen, nor this to^bVsubj°«^t provision for its protection, shall be the subject of an initia- amendmint. tive amendment.
No proposition inconsistent with any one of the following Certain indi- rights of the individual, as at present declared in the dec- not'to be° *^^ laration of rights, shall be the subject of an initiative or initi^ive^or referendum petition: The right to receive compensation ^ation."^ for private property appropriated to public use; the right of access to and protection in courts of justice; the right of trial by jury; protection from unreasonable search, un- reasonable bail and the law martial; freedom of the press; freedom of speech; freedom of elections; and the right of peaceable assembly.
No part of the constitution specifically excluding any Further matter from the operation of the popular initiative and matterl referendum shall be the subject of an initiative petition; nor shall this section be the subject of such a petition.
The limitations on the legislative power of the general {;®-gfa\°^,g court in the constitution shall extend to the legislative power limitations
(• , 1 , • 1 1 1 extended.
or the people as exercised hereunder.
54
CONSTITUTION OF THE
Initiative peti- tion, mode of originating, etc.
Secretary of the common- wealth to fur- nish blank forms, etc.
Time of filing
initiative
petitions.
Transmission of proposed measure to the general court.
Section 3. Mode of Originating. — Such petition shall first be signed by ten qualified voters of the commonwealth and shall then be submitted to the attorney-general, and if he shall certify that the measure is in proper form for sub- mission to the people, and that it is not, either affirmatively or negatively, substantially the same as any measure which has been qualified for submission or submitted to the people within three years of the succeeding first Wednesday in December and that it contains only subjects not excluded from the popular initiative and which are related or which are mutually dependent, it may then be filed with the secre- tary of the commonwealth. The secretary of the common- wealth shall provide blanks for the use of subsequent sign- ers, and shall print at the top of each blank a description of the proposed measure as such description will appear on the ballot together with the names and residences of the first ten signers. All initiative petitions, with the first ten sig- natures attached, shall be filed with the secretary of the commonwealth not earlier than the first Wednesdaj^ of the September before the assembling of the general court into which they are to be introduced, and the remainder of the required signatures shall be filed not later than the first Wednesday of the following December.
Section 4. Transmission to the General Court. — If an initiative petition, signed by the required number of qualified voters, has been filed as aforesaid, the secretary of the com- monwealth shall, upon the assembling of the general court, transmit it to the clerk of the house of representatives, and the proposed measure shall then be deemed to be introduced and pending.
Reference to legislative committee and report thereon.
Legislative substitute for initiative measure.
III. Legislative Action. General Provisions.
Section 1 . Rejerence to Committee. — If a measure is in- troduced into the general court by initiative petition, it shall be referred to a committee thereof, and the petitioners and all parties in interest shall be heard, and the measure shall be considered and reported upon to the general court with the committee's recommendations, and the reasons therefor, in writing. Majority and minority reports shall be signed by the members of said committee.
Section 2. Legislative Substitutes. — The general court may, by resolution passed by yea and nay vote, either by the two houses separately, or in the case of a constitutional
COMMONWEALTH OF IMASSACHUSETTS. 55
amendment by a majority of those voting thereon in joint session in each of two years as hereinafter provided, submit to the people a substitute for any measure introduced by initiative petition, such substitute to be designated on the ballot as the legislative substitute for such an initiative measure and to be grouped with it as an alternative therefor.
n^. Legislative Action on Proposed Constitutional Amend- ments.
Section 1 . Definition. — A proposal for amendment to Definition of the constitution introduced into the general court by initia- 'amendment tive petition shall be designated an initiative amendment, substuuti!*'^^ and an amendment introduced by a member of either house shall be designated a legislative substitute or a legislative amendment.
Section 2. Joint Session. — If a proposal for a specific Joint session amendment of the constitution is introduced into the general ameTcfment to court by initiative petition signed by not less than twenty- tLn?""^*"'*^"" five thousand qualified voters, or if in case of a proposal for amendment introduced into the general court by a member of either house, consideration thereof in joint session is called for by vote of either house, such proposal shall, not later than the second Wednesday in June, be laid before a joint session of the two /houses, at which the president of the senate shall preside; and if the two houses fail to agree when governor upon a time for holding any joint session hereby required, or ^^^V caii joint fail to continue the same from time to time until final action has been taken upon all amendments pending, the governor shall call such joint session or continuance thereof.
Section 3. Amendment of Proposed Amendments. — A Proposed proposal for an amendment to the constitution introduced totheconsti- by initiative petition shall be voted upon in the form in inwhi'ch°tobe which it was introduced, unless such amendment is amended ^°*^^ ^^°^' by vote of three-fourths of the members voting thereon in joint session, which vote shall be taken by call of the yeas and nays if called for by any member.
Section 4. Legislative Action. — Final legislative action Final legisia- in the joint session upon any amendment shall be taken only bJtalfen'^by" by call of the yeas and nays, which shall be entered upon ^^^ ^°^ ^^y^- the journals of the two houses; and an unfavorable vote at any stage preceding final action shall be verified by call of the yeas and nays, to be entered in like manner. At such Reference to joint session a legislative amendment receiving the affirma- ^^t^®"^®'*^
56
CONSTITUTION OF THE
Submission of legislative amendment, etc., to the people.
When
amendment becomes part of the con- stitution.
tive votes of a majority of all the members elected, or an initiative amendment receiving the affirmative votes of not less than one-fourth of all the members elected, shall be referred to the next general court.
Section 5. Submission to the People. — If in the next general court a legislative amendment shall again be agreed to in joint session by a majority of all the members elected, or if an initiative amendment or a legislative substitute shall again receive the affirmative votes of at least one-fourth of all the members elected, such fact shall be certified by the clerk of such joint session to the secretary of the common- wealth, who shall submit the amendment to the people at the next state election. Such amendment shall become part of the constitution if approved, in the case of a legislative amendment, by a majority of the voters voting thereon, or if approved, in the case of an initiative amendment or a legislative substitute, by voters equal in number to at least thirty per cent of the total number of ballots cast at such state election and also by a majority of the voters voting on such amendment.
Legislative procedure on law proposed by initiative petition, etc.
V. Legislative Action on Proposed Laws. Section 1. Legislative Procedure. — If an initiative peti-
tion for a law is introduced into the general court, signed by not less than twenty thousand qualified voters, a vote shall be taken by yeas and na^'S in both houses before the first Wednesday of June upon the enactment of such law in the form in which it stands in such petition. If the general court fails to enact such law before the first Wednesday of June, and if such petition is completed by filing with the secretary of the commonwealth, not earlier than the first Wednesday of the following July nor later than the first Wednesday of the folloAving August, not less than five thou- sand signatures of qualified voters, in addition to those sign- ing such initiative petition, which signatures must have been obtained after the first Wednesday of June aforesaid, then the secretary of the commonwealth shall submit such WmSl^xT^ proposed law to the people at the next state election. If it shall be approved by voters equal in number to at least thirty per cent of the total number of ballots cast at such state election and also by a majority of the voters voting on such law, it shall become law, and shall take effect in thirty
and takes effect
COMMONWEALTH OF MASSACHUSETTS. 57
days after such state election or at such time after such elec- tion as may be provided in such law.
Section 2. Amendment by Petitioners. — If the general of'^ro^ed* court fails to pass a proposed law before the first Wednesday ^^^^^ p^^'- of June, a majority of the first ten signers of the initiative submission of petition therefor shall have the right, subject to certification the people by by the attorney-general, filed as hereinafter provided, to oflhrcom-^ amend the measure which is the subject of such petition, '"o'^^eaith. An amendment so made shall not invalidate any signature attached to the petition. If the measure so amended, signed by a majority of the first ten signers, is filed with the secre- tary of the commonwealth before the first Wednesday of the following July, together with a certificate signed by the attorney-general to the effect that the amendment made by such proposers is in his opinion perfecting in its nature and does not materially change the substance of the measure, and if such petition is completed by filing with the secretary of the commonwealth, not earlier than the first Wednesday of the following July nor later than the first Wednesday of the following August, not less than five thousand signatures of qualified voters, in addition to those signing such initia- tive petition, which signatures must have been obtained after the first Wednesday of June aforesaid, then the secretary of the commonwealth shall submit the measure to the people in its amended form.
VI. Conflicting and Alternative Measures.
If in any judicial proceeding, provisions of constitutional andiitlroitive amendments or of laws approved by the people at the same ^u^^hT'ii election are held to be in confiict, then the provisions con- govern when tained in the measure that received the largest number of the people, etc. affirmative votes at such election shall govern.
A constitutional amendment approved at any election shall govern any law approved at the same election.
The general court, by resolution passed as hereinbefore General court set forth, may provide for grouping and designating upon grouping, etc., the ballot as conflicting measures or as alternative measures, bSiot. only one of which is to be adopted, any two or more proposed constitutional amendments or laws which have been or may be passed or qualified for submission to the people at any one election : provi-ded, that a proposed constitutional amend- Proviso, ment and a proposed law shall not be so grouped, and that the
58
CONSTITUTION OF THE
Only measure receiving largest aflBrma- tive vote to be deemed approved.
ballot shall afford an opportunity to the voter to vote for each of the measures or for only one of the measures, as may be provided in said resolution, or against each of the meas- ures so grouped as conflicting or as alternative. In case more than one of the measures so grouped shall receive the vote required for its approval as herein provided, only that one for which the largest affirmative vote was cast shall be deemed to be approved.
When laws passed by general court take efTect.
Emergency law to contain preamble.
Yea and nay vote thereon.
How governor may cause certain laws to take effect forthwith.
Exception.
The Referendum.
I. When Statutes shall take Effect.
No law passed by the general court shall take effect earlier than ninety days after it has become a law, excepting laws declared to be emergency laws and laws which may not be made the subject of a referendum petition, as herein pro- vided.
11. Emergency Measures.
A law declared to be an emergency law shall contain a preamble setting forth the facts constituting the emergency, and shall contain the statement that such law is necessary for the immediate preservation of the public peace, health, safety or convenience. A separate vote shall be taken on the preamble by call of the yeas and nays, which shall be recorded, and unless the preamble is adopted by two-thirds of the members of each house voting thereon, the law shall not be an emergency law; but if the governor, at any time before the election at which it is to be submitted to the people on referendum, files with the secretary of the com- monwealth a statement declaring that in his opinion the immediate preservation of the public peace, health, safety or convenience requires that such law should take effect forth- with and that it is an emergency law and setting forth the facts constituting the emergency, then such law, if not pre- viously suspended as hereinafter provided, shall take effect without suspension, or if such law has been so suspended such suspension shall thereupon terminate and such law shall thereupon take effect: but no grant of any franchise or amendment thereof, or renewal or extension thereof for more than one year shall be declared to be an emergency law.
\
COMMONWEALTH OF IVIASSACHUSETTS. 59
III. Rejerendum Petitions, Section 1 . Contents. — A referendum petition may ask Contents of
rftiprRiiniirn
for a referendum to the people upon any law enacted by the petition. general court which is not herein expressly excluded.
Section 2. Excluded Matters. — No law that relates to Certain mat- religion, religious practices or religious institutions; or to the be the subject appointment, qualification, tenure, removal or compensation petuion.'^^^ ^^ of judges; or to the powers, creation or abolition of courts; or the operation of which is restricted to a particular town, city or other political division or to particular districts or localities of the commonwealth ; or that appropriates money for the current or ordinary expenses of the commonwealth or for any of its departments, boards, commissions or insti- tutions shall be the subject of a referendum petition.
Section 3. Mode of Petitioning for the Suspension of a Mode of Law and a Referendum thereon. — A petition asking for a l^r the°sSf- referendum on a law, and requesting that the operation of faw^anda^^ such law be suspended, shall first be signed by ten qualified [heTwn'^*^' voters and shall then be filed with the secretary of the com- monwealth not later than thirty days after the law that is the subject of the petition has become law. The secretary Duties of the of the commonwealth shall provide blanks for the use of the'^common- subsequent signers, and shall print at the top of each blank "'^^!^' ^^'^■/ a description of the proposed law as such description will appear on the ballot together with the names and residences of the first ten signers. If such petition is completed by filing with the secretary of the commonwealth not later than, ninety days after the law which is the subject of the petition has become law the signatures of not less than fifteen thou- sand qualified voters of the commonwealth, then the opera- tion of such law shall be suspended, and the secretary of the commonwealth shall submit such law to the people at. the next state election, if thirty days intervene between the date when such petition is filed with the secretary of the commonwealth and the date for holding such state election; if thirty days do not so intervene, then such law shall be submitted to the people at the next following state election, unless in the meantime it shall have been repealed; and if Votes neces-
S3rv lor
it shall be approved by a majority of the qualified voters approval, etc. voting thereon, such law shall, subject to the provisions of the constitution, take effect in thirty days after such election, or at such time after such election as may be pro\aded in
60
CONSTITUTION OF THE
Petitions for referendum on an emergency law or a law the suspension of which is not asked for.
Duties of the secretary of the common- wealth, etc.
Votes neces- sary for approval, etc.
such law; if not so approved such law shall be null and void; but no such law shall be held to be disapproved if the nega- tive vote is less than thirty per cent of the total number of ballots cast at such state election.
Section 4. Petitions for Referendum on an Emergency Late or a Law the Suspemion of which is not asked for. — A referendum petition may ask for the repeal of an emergency law or of a law which takes effect because the referendum petition does not contain a request for suspension, as afore- said. Such petition shall first be signed by ten qualified voters of the commonwealth, and shall then be filed with the secretary of the commonwealth not later than thirty days' after the law which is the subject of the petition has become law. The secretary of the commonwealth shall pro- vide blanks for the use of subsequent signers, and shall print at the top of each blank a description of the proposed law as such description will appear on the ballot together with the names and residences of the first ten signers. If such peti- tion filed as aforesaid is completed by filing with the secre- tary of the commonwealth not later than ninety days after the law which is the subject of the petition has become law the signatures of not less than ten thousand qualified voters of the commonwealth protesting against such law and asking for a referendum thereon, then the secretary of the common- wealth shall submit such law to the people at the next state election, if thirty days intervene between the date when such petition is filed with the secretary of the commonwealth and the date for holding such state election. If thirty days do not so intervene, then it shall be submitted to the people at the next following state election, unless in the meantime it shall have been repealed; and if it shall not be approved by a majority of the qualified voters voting thereon, it shall, at the expiration of thirty days after such election, be thereby repealed; but no such law shall be held to be disapproved if the negative vote is less than thirty per cent of the total number of ballots cast at such state election.
Identification and certifica- tion of signa- tures to peti- tions, etc.
General Provisions. I. Identification and Certification of Signatures.
Provision shall be made by law for the proper identifica- tion and certification of signatures to the petitions herein- before referred to, and for penalties for signing any such petition, or refusing to sign it, for money or other valuable
COM]MON\\^ALTH OF :MASSACHUSETTS. 61
consideration, and for the forgery of signatures thereto. Pending the passage of such legislation all provisions of law relating to the identification and certification of signatures to petitions for the nomination of candidates for state offices or to penalties for the forgery of such signatures shall apply to the signatures to the petitions herein referred to. The Law to regu- general court may provide by law that no co-partnership circulated for or corporation shall undertake for hire or reward to circulate "^^ "'^ ^^^^'^ ' petitions, may require individuals who circulate petitions for hire or reward to be licensed, and may make other reason- able regulations to prevent abuses arising from the circula- tion of petitions for hire or reward.
II. Limitation on Signatures.
Not more than one-fourth of the certified signatures on Limitation od any petition shall be those of registered voters of any one ^'^^'^^^• county.
III. Form of Ballot.
Each proposed amendment to the constitution, and each ^°™°^ law, submitted to the people, shall be described on the ballots baUot, etc by a description to be determined by the attorney-general, subject to such provision as may be made by law, and the secretary of the commonwealth shall give each question a number and cause such question, except as otherwise author- ized herein, to be printed on the ballot in the following form : —
In the case of an amendment to the constitution: Shall an amendment to the constitution (here insert description, and state, in distinctive t^-pe, whether approved or disapproved by the general court, and by what vote thereon) be approved?
In the case of a law : Shall a law (here insert description, and state, in distinctive type, whether approved or disapproved by the general court, and by what vote thereon) be approved?
IV. Information for Voters.
The secretary of the commonwealth shall cause to be Certain in- printed and sent to each registered voter in the common- vo™^ toV""^ wealth the full text of every measure to be submitted to the ^re^ary of people, together with a copy of the legislative committee's ^^^jg,™™*"^" majority and minority reports, if there be such, with the
YES.
|
JTES. |
|
|
j NO. |
62
CONSTITUTION OF THE
names of the majority and minority' members thereon, a statement of the votes of the general court on the measure, and a description of the measure as such description will appear on the ballot; and shall, in such manner as may be provided by law, cause to be prepared and sent to the voters other information and arguments for and against the measure.
Governor's veto not to extend to certain measures.
Power of amendment or repeal of a law by gen- eral court.
V. The Veto Power of the Governor.
The veto power of the governor shall not extend to meas- ures approved by the people.
VI. The General Courtis Power of Repeal.
Subject to the veto power of the governor and to the right of referendum by petition as herein provided, the general court may amend or repeal a law approved by the people.
This amend- ment to be self-executing, etc.
VII. Amendment declared to be Self -executing.
This article of amendment to the constitution is self- executing, but legislation not inconsistent with anything herein contained may be enacted to facilitate the operation of its provisions.
Amendments, Arts. IX and XLII, annulled.
Conservation, etc., of natural re- sources of the common- wealth.
Regulation by law of ad- vertising on public ways, etc.
VIII. Articles IX and XLII of Amendments of the Consti- tution annulled.
Article IX and Article XLII of the amendments of the constitution are hereby annulled.
Art. XLIX. The conservation, development and utiliza- tion of the agricultural, mineral, forest, water and other natural resources of the commonwealth are public uses, and the general court shall have power to provide for the taking, upon pajTiient of just compensation therefor, of lands and easements or interests therein, including water and mineral rights, for the purpose of securing and promoting the proper conservation, development, utilization and con- trol thereof and to enact legislation necessary or expedient therefor.
Art. L. Advertising on public ways, in public places and on private property within public view may be regulated and restricted by law.
COIMIMONWEALTH OF ISIASSACHUSETTS. 63
Art. LI. The preservation and maintenance of ancient General court landmarks and other property of historical or antiquarian for taking^ interest is a public use, and the commonwealth and the cities marks* etc'! " and towns therein may, upon payment of just compensation, take such property or any interest therein under such regula- tions as the general court may prescribe.
Art. LII. The general court, by concurrent vote of the General court two houses, may take a recess or recesses amounting to not ^c4s.^ more than thirty days; but no such recess shall extend beyond the sixtieth day from the date of their first assem- bling.
Art. LIII. Article X of Section I of Chapter II of the Certain articles constitution, the last two paragraphs of Article IV of the annuUed and'^ articles of amendment, relating to the appointment of a ^"p®''*^'^®''- commissary general and the removal of militia officers, and Article V of the articles of amendment are hereby annulled, and the following is adopted in place thereof: Article X. navaf officer, All militarv and naval ofiicers shall be selected and appointed ^°T ^ppo'^^tf^
' 1 • 1 1 ^^^ removed,
and may be removed m such manner as the general court etc. may by law prescribe, but no such ofiicer shall be appointed unless he shall have passed an examination prepared by a competent commission or shall have served one year in either the federal or state militia or in military service. All such ofiicers who are entitled by law to receive commissions shall be commissioned by the governor.
Art. LIV. Article VII of Section I of Chapter II of the Certain article constitution is hereby annulled and the following is adopted annuUed and" in place thereof: Article VII. The general court shall pro- Mmtar^ltd vide by law for the recruitment, equipment, organization, naval forces, training and discipline of the military and naval forces. The etc. governor shall be the commander-in-chief thereof, and shall have power to assemble the whole or any part of them for training, instruction or parade, and to employ them for the suppression of rebellion, the repelling of invasion, and the enforcement of the laws. He may, as authorized by the general cou^t, prescribe from time to time the organization of the military and naval forces and make regulations for their government.
Art. LV. Article VI of Section III of Chapter II of the Certain article constitution is hereby annulled and the following is adopted annuHed and"^ in place thereof: Whenever the offices of governor and o'l-de^o?"^ lieutenant-governor shall both be vacant, by reason of death, succession in absence from the commonwealth, or otherwise, then one governor, etc., of the following officers, in the order of succession herein VacScy!
64
CONSTITUTION OF THE
Return by governor to general court of bill or resolve for amendment, etc.
Amendments, Art. IV, amended.
Women may be appointed notaries public, etc.
Article I, Chapter III of Part the Second, amended. Judicial officers, retirement of, etc.
Every charter, etc., subject to revocation, etc.
Building zones in cities and towns.
Compulsory voting at elections.
Common- wealth's credit not to be given to private enterprieea.
named, namely, the secretary, attorney-general, treasurer and receiver-general, and auditor, shall, during such vacancy, have full power and authority to do and execute all and every such acts, matters and things as the governor or the lieutenant-governor might or could lawfully do or execute, if they, or either of them, were personally present.
Art. LVI. The governor, within five days after any bill or resolve shall have been laid before him, shall have the right to return it to the branch of the general court in which it originated with a recommendation that any amendment or amendments specified by him be made therein. Such bill or resolve shall thereupon be before the general court and subject to amendment and re-enactment. If such bill or resolve is re-enacted in any form it shall again be laid before the governor for his action, but he shall have no right to return the same a second time with a recommendation to amend.
Art. LVII. Article IV of the articles of amendment of the constitution of the commonwealth is hereby amended by adding thereto the following words: — Women shall be eligible to appointment as notaries public. Change of name shall render the commission void, but shall not prevent re- appointment under the new name.
Art. LVIII. Article I of Chapter III of Part the Second of the constitution is hereby amended by the addition of the following words : — and provided also that the governor, with the consent of the council, may after due notice and hearing retire them because of advanced age or mental or physical disability. Such retirement shall be subject to any pro- visions made by law as to pensions or allowances payable to such officers upon their voluntary retirement.
Art. LIX. Evers' charter, franchise or act of incorpora- tion shall forever remain subject to revocation and amend- ment.
Art. LX. The general court shall have power to limit buildings according to their use or construction to specified districts of cities and towns.
Art. LXI. The general court shall have authority to pro^ude for compulsory voting at elections, but the right of secret voting shall be preserved.
Art. LXII. Section 1. The credit of the common- wealth shall not in any manner be given or loaned to or in aid of any individual, or of any private association, or of any corporation which is privately owned and managed.
COMMONWEALTH OF ISIASSACHUSETTS. 65
Section 2. The commonwealth may borrow money to common- repel invasion, suppress insurrection, defend the common- Wow money wealth, or to assist the United States in case of war, and pur^*^'.'' may also borrow money in anticipation of receipts from taxes or other sources, such loan to be paid out of the rev- enue of the year in which it is created.
Section 3. In addition to the loans which may be con- Two-thirds tracted as before provided, the commonwealth may borrow vote^of °*^ money only by a vote, taken by the yeas and nays, of two- flqSricfto^ thirds of each house of the general court present and voting borrow money, thereon. The governor shall recommend to the general court the term for which any loan shall be contracted.
Section 4. Borrowed money shall not be expended for Expenditure any other purpose than that for which it was borrowed or money°irmited. for the reduction or discharge of the principal of the loan.
Art. LXIII. Section 1. Collection of Revenue. — AH Collection of
PI IIP revenue.
money received on account oi the commonwealth from any source whatsoe^'er shall be paid into the treasury thereof.
Section 2. The Budget. — Within three sveeks after the The budget, convening of the general court the governor shall recom- <=°°*®°*S' ®**'- mend to the general court a budget which shall contain a statement of all proposed expenditures of the commonwealth for the fiscal year, including those already authorized by law, and of all taxes, revenues, loans and other means by which such expenditures shall be defrayed. This shall be General court arranged in such form as the general court may by law forS^tc.^^ prescribe, or, in default thereof, as the governor shall deter- mine. For the purpose of preparing his budget, the governor Governor shall have power to require any board, commission, officer or ISforSat'ion. department to furnish him with an}' information which he may deem necessary.
Section 3. The General Appropriation Bill. — All ap- The general propriations based upon the budget to be paid from taxes or ^pp'"°p"^*»o° revenues shall be incorporated in a single bill which shall be called the general appropriation bill. The general court may increase, decrease, add or omit items in the budget. The general court may provide for its salaries, mileage, and ex- penses and for necessary expenditures in anticipation of appropriations, but before final action on the general appro- priation bill it shall not enact any other appropriation bill except on recommendation of the governor. The governor Supplementary may at any time recommend to the general court supple- " ^^^^' mentary budgets which shall be subject to the same pro- cedure as the original budget.
66
CONSTITUTION OF THE
Special appro- priation bills may be enacted, when.
Governor may disapprove, etc., items or parts of items in any appro- priation bill, etc.
Items to have force of law, unless, etc.
Biennial elec- tion of state officers, councillors, senators and representa- tives; terms of office.
Treasurer inel- igible for more than three suc- cessive terms.
General court to assemble annually.
When first election under this article shall be held, etc.
Section 4. Special Appropriation Bills. — After final ac- tion on the general appropriation bill or on recommenda- tion of the governor, special appropriation bills may be enacted. Such bills shall provide the specific means for defraying the appropriations therein contained.
Section 5. Submission to the Governor. — The governor may disapprove or reduce items or parts of items in any bill appropriating money. So much of such bill as he approves shall upon his signing the same become law. As to each item disapproved or reduced, he shall transmit to the house in which the bill originated his reason for such disapproval or reduction, and the procedure shall then be the same as in the case of a bill disapproved as a whole. In case he shall fail so to transmit his reasons for such disapproval or reduc- tion within five days after the bill shall have been presented to him, such items shall have the force of law unless the general court by adjournment shall prevent such transmis- sion, in which case they shall not be law.
Art. LXIV. Section 1 . The governor, lieutenant-gov- ernor, councillors, secretary, treasurer and receiver-general, attorney-general, auditor, senators and representatives, shall be elected biennially. The governor, lieutenant-governor and councillors shall hold their respective offices from the first Wednesday in January succeeding their election to and including the first Wednesday in January in the third year following their election and until their successors are chosen and qualified. The terms of senators and representatives shall begin with the first Wednesday in January succeeding their election and shall extend to the first Wednesday in January in the third year following their election and until their successors are chosen and qualified. The terms of the secretary, treasurer and receiver-general, attorney-general and auditor, shall begin with the third Wednesday in Janu- ary succeeding their election and shall extend to the third Wednesday in January in the third year following their election and until their successors are chosen and qualified.
Section 2. No person shall be eligible to election to the office of treasurer and receiver-general for more than three successive terms.
Section 3. The general court shall assemble every year on the first Wednesday in January.
Section 4. The first election to which this article shall apply shall be held on the Tuesday next after the first Mon-
COMMONWEALTH OF IVIASSACHUSETTS. 67
day in November in the year nineteen hundred and twenty, and thereafter elections for the choice of all the officers before-mentioned shall be held biennially on the Tuesday next after the first Monday in November.
Art. LXV. No person elected to the general court shall th^eneraf during the term for which he was elected be appointed to court not to anv office created or the emoluments whereof are increased to certain
, " • 1 . • 1 I',' 1 1 offices, nor
dunng such term, nor receive additional salary or comj^ensa- receive com- tion for se^^■ice upon any recess committee or commission reJ^s^com-" except a committee appointed to examine a general revision ^g"®^' ^^''^p*- of the statutes of the commonwealth when submitted to the general court for adoption.
Art. LXVI. On or before January first, nineteen hun- Organization dred twenty-one, the executive and administrative work of tha"n t^nTy the commonwealth shall be organized in not more than ^ pertemthe twenty departments, in one of which every executive and adm^nllt^rltive administrative office, board and commission, except those ""■"'^ °^ ^^'^
' 11 1 •! common-
officers serving directly under the governor or the council, wealth,
©XCGOt etc
shall be placed. Such departments shall be under such supervision and regulation as the general court may from time to time prescribe by law.
The constitution of Massachusetts was agreed upon by delegates of the people, in convention, begun and held at Cambridge, on the first day of September, 1779, and continued by adjournments to the second day of March, 1780, when the convention adjourned to taeet on the first Wednesday of the ensuing June. In the mean time the constitution was submitted to the people, to be adopted by them, provided two-thirds of the votes given should be in the affirmative. When the convention assembled, it was found that the constitution had been adopted by the requisite number of votes, and the convention accordingly Resolved, "That the said Constitution or Frame of Governm.ent shall take place on the last Wednesday of October next; and. not before, for any purpose, save only for that of making elections, agreeable to this resolu- tion." The first legislature assembled at Boston, on the twenty- fifth day of October, 1780.
The first nine Articles of Amendment were submitted, by dele- gates in convention assembled, November 15, 1820, to the people, and by them ratified and adopted April 9, 1821.
68 CONSTITUTION OF THE
The tenth Article was adopted by the legislatures of the political years 1829-30 and 1830-31, respectively, and was approved and ratified by the people May 11, 1831.
The eleventh Article was adopted by the legislatures of the political j^ears 1832 and 1833, respectively, and was approved and ratified by the people November 11, 1833.
The twelfth Article was adopted by the legislatures of the polit- ical years 1835 and 1836, respectively, and was approved and ratified by the people the fourteenth day of November, 1836.
The thirteenth Article was adopted by the legislatures of the political years 1839 and 1840, respectively, and was approved and ratified by the people the sixth day of April, 1840.
The General Court of the year 1851 passed an Act calling a third Convention to re\-ise the Constitution. The Act was submitted to the people, and a majority voted against the proposed Convention. In 1852, on the 7th of IMa}^ another Act was passed calling upon the people to vote upon the question of calling a Constitutional Convention. A majority of the people having voted in favor of the proposed Convention, election for delegates thereto took place in March, 1853. The Convention met in the State House, in Boston, on the 4th day of Maj', 1853, and organized by choosing Nathaniel P. Banks, Jr., President, and William S. Robinson and James T. Robinson, Secretaries. On the 1st of August, this Con- vention agreed to a form of Constitution, and on the same day was dissolved, after ha\dng provided for submitting the same to the people, and appointed a committee to meet to count the votes, and to make a return thereof to the General Court. The Com- mittee met at the time and place agreed upon, and found that the proposed Constitution had been rejected.
The fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, and nineteenth Articles were adopted by the legislatures of the political j^ears 1854 and 1855, respectively, and ratified by the people the twenty-third day of May, 1855.
The twentieth, twenty-first, and twenty-second Articles were adopted by the legislatures of the political years 1856 and 1857, respectively, and ratified by the people on the first day of May, 1857.
com:\ionwealth of Massachusetts. 69
The twenty-third Article was adopted by the legislatures of the political years 1858 and 1859, respectively, and ratified by the people on the ninth day of May, 1859, and was repealed by the twenty-sixth Amendment.
The twenty-fourth and twenty-fifth Articles were adopted by the legislatures of the political years 1859 and 1860, and ratified by the people on the seventh day of May, 1860.
The twenty-sixth Article was adopted by the legislatures of the political 3'ears 1862 and 1863, and ratified by the people on the sixth day of April, 1863.
The tvv'enty-seventh ^^rticle was adopted by the legislatures of the political years 1876 and 1877, and was approved and ratified by the people on the sixth day of November, 1877.
The twenty-eighth Article was adopted by the legislatures of the political years 1880 and 1881, and was approved and ratified by the people on the eighth daj^ of November, 1881.
The twenty-ninth Article was adopted by the legislatures of the political years 1884 and 1885, and was approved and ratified by the people on the third day of November, 1885.
The thirtieth and thirty-first Articles were adopted by the legis- latures of the political years 1889 and 1890, and were approved and ratified by the people on the fourth day of November, 1890.
The thirty-second and thirty-third Articles were adopted by the legislatures of the political years 1890 and 1891, and were approved and ratified by the people on the third day of November, 1891.
The thirty-fourth Article was adopted by the legislatures of the political years 1891 and 1892, and was approved and ratified by the people on the eighth day of November, 1892.
The thirty-fifth Article was adopted by the legislatures of the political j^ears 1892 and 1893, and was approved and ratified by the people on the seventh day of November, 1893.
The thirty-sixth Article was adopted by the legislatures of the political years 1893 and 1894, and was approved and ratified by the people on the sixth day of November, 1894.
70 CONSTITUTION OF THE
The thirty-seventh Article was-adopted by the legislatures of the political years 1906 and 1907, and was approved and ratified by the people on the fifth day of November, 1907.
The thirty-eighth Article was adopted by the legislatures of the political years 1909 and 1910, and was approved and ratified by the people on the seventh day of November, 1911.
The thirty-ninth Article was adopted by the legislatures of the political years 1910 and 1911, and was approved and ratified by the people on the seventh day of November, 1911.
The fortieth and forty-first Articles were adopted by the legis- latures of the political jTars 1911 and 1912, and were approved and ratified by the people on the fifth day of November, 1912.
The forty-second Article was adopted bj^ the legislatures of the political j^ars 1912 and 1913, and was approved and ratified bj^ the people on the fourth day of November, 1913.
The forty-third and forty-fourth Articles were adopted by the legislatures of the political years 1914 and 1915, and were approved and ratified bj^ the people on the second day of November, 1915.
In his inaugural address to the General Court of 1916, Governor McCall recommended that the question of re\asing the Constitution, through a Constitutional Convention, be submitted to the people; and the General Court passed a law (chapter 98 of the General Acts of 1916) to ascertain and carry out the will of the people rela- tive thereto, the question to be submitted being "Shall there be a convention to re-\dse, alter or amend the constitution of the Com- monwealth?" The people voted on this question at the annual election, held on November 7, casting 217,293 votes in the affirma- tive and 120,979 votes in the negative; and accordingly the Gov- ernor on Dec. 19, 1916, made proclamation to that effect, and, by wtue of authority contained in the act, called upon the people to elect delegates at a special election to be held on the first Tuesday in May, 1917. The election was on May 1. In accordance with the provisions of the act, the delegates met at the State House on June 6, 1917, and organized by choosing John L. Bates, president, and James W. Kimball, secretar3^ After considering and acting adversely on numerous m^easures that had been brought before it,
COMMONWEALTH OF MASSACHUSETTS. 71
and after providing for submitting to the people the forty-fifth, forty-sixth and forty-seventh Articles, at the state election of 1917, and the Article relative to the establishment of the popular initia- tive and referendum and the legislative initiative of specific amend- ments of the Constitution (Article forty-eight) at the state election of 1918, the Convention adjourned on November 28 "until called by the President or Secretary to meet not later than within ten days after the prorogation of the General Court of 1918."
The forty-fifth, forty-sixth, and forty-seventh Articles were sub- mitted, by delegates in convention assembled, September 28, 1917, August 30, 1917, and October 11, 1917, respectively, to the people, and by them ratified and adopted November 6, 1917.
On Wednesday, June 12, 1918, the convention reassembled and resumed its work. Eighteen more articles (Articles forty-nine to sixty-six, inclusive) were approved by the convention and were ordered to be submitted to the people. On Wednesday, August 21, 1918, the convention adjourned, "to meet, subject to call by the President or Secretary, not later than within twenty days after the prorogation of the General Court of 1919, for the purpose of taking action on the report of the special committee on Rearrangement of the Constitution."
The forty-eighth Article was submitted, by delegates in conven- tion assembled, November 28, 1917, the forty-ninth Article, August 7, 1918, the fiftieth to the sixtieth Articles, inclusive, August 15, 1918, the sixty-first to the sixty-fourth Articles, inclusive, August 20, 1918, and the sixty-fifth and sixty-sixth Articles, August 21, 1918, to the people, and by them ratified and adopted, November 5, 1918.
On Tuesday, August 12, 1919, pursuant to a call of its President, the Convention again convened. A rearrangement of the Constitu- tion was adopted, and was ordered to be submitted to the people for their ratification. On the following day, a sub-committee of the Special Committee on Rearrangement of the Constitution was "em- powered to correct clerical and typographical errors and establish the text of the rearrangement of the Constitution to be submitted to the people, in conformity with that adopted by the Convention."
On Wednesday, August 13, 1919, the Convention adjourned, sine die.
On Tuesday, November 4, 1919, the rearrangement was approved and ratified by the people.
72 CONSTITUTION OF MASSACHUSETTS.
PROPOSED AMENDMENTS REJECTED BY THE PEOPLE.
[A proposed Article of Amendment prohibiting the manufacture and sale of Intoxicating Liquor as a beverage, adopted by the legis- latures of the political years 1888 and 1889, was rejected by the people on the twenty-second day of April, 1889.]
[Proposed Articles of Amendment, (1) Establishing biennial elections of state officers, and (2) Establishing biennial elections of members of the General Court, adopted bj^ the legislatures of the political years 1895 and 1896, were rejected by the people at the annual election held on the third day of November, 1896.]
[A proposed Article of Amendment to make Women eligible to appointment as Notaries Public, adopted by the legislatures of the political j^ears 1912 and 1913, was rejected by the people on the fourth day of November, 1913.]
[A proposed Article of Amendment enabling Women to vote, adopted by the legislatures of the political years 1914 and 1915, was rejected by the people on the second day of November, 1915.]
LNDEX TO THE CONSTITUTION.
INDEX TO THE CONSTITUTION.
A.
Abatements, exemptions, etc., from tax on income, may be granted by- general court, .......... 51
Abolition, etc., of courts, not to be subject of initiative or referendum pe- tition, 53, 59
Absent voting, general court to have power to provide for, . . . .51
Abuses, arising from circulating petitions for hire or reward, under initiative
and referendum, to be regulated by the general court, ... 61 Act of incorporation, everj', shall forever remain subject to revocation and
amendment, .......... 64
Acts and resolves of the general court, provision for submission of, to the
people on referendum, etc., . . . . . . 50, 59, 60
Address of both houses of the legislature, judicial officers may be removed by
governor with consent of council upon, ..... 27
Adjournment, of separate houses of general coiu^t, . . . . . 16, 18
of the general court, .......... 63
Adjutant general appointed by the governor, ...... 22
Adjutants to be appointed by commanding officers of regiments, . . 22
Administrative work of the commonwealth, organization of, into not more
than twenty departments, ........ 67
Advertising on public ways, etc., may be restricted, etc., . . . .62
Affirmations, instead of the required oaths, may be made by Quakers, . 30, 31, 36 Agricultural resources, conservation of, ....... 62
Agriculture, arts, commerce, etc., to be encouraged, ..... 30
Alimony, divorce, etc., .......... 27
Allegiance, oaths and affirmations of, ...... 30, 31, 36
Allowances or pensions, retirement of judicial officers on, .... 64
Amendment and revocation of charters, franchises and acts of incorpora- tion, ........... 64
Amendment to the constitution, proposed in the general court, agreed to by a majority of senators and two thirds of house present and voting thereon by yeas and nays; entered upon the journals of both houses, and referred to the next general court; if the next general court agrees to the proposition in the same manner, and to the same effect, it shall be submitted to the people, and, if approved by them by a majority vote, becomes a part of the constitution, ... 37 under initiative and referendum, and articles IX and XLII of amend- ments to constitution annulled, ...... 55, 56, 62
Ancient landmarks, preservation of, . . . . . . . .63
175]
76 INDEX TO THE CONSTITUTION.
PAQB
Anti-aid amendment, so-called, . . . . . . . . 51, 52
no initiative petition allowed against, ..... .53
loan of public credit restricted by, ....... 61
commonwealth's credit not to be given for private purposes, . . 64
Antiquarian interest, property of, preservation of, ..... 63
Appointments by the governor, ..... 35, 43, 44, 47, 49, 64
Apportionment of councillors, ........ 25, 42, 43
state to be divided into eight districts, ..... 43
Apportionment of senators, . . . . . . . . 13, 41, 46
on basis of legal voters, and state to be divided into forty districts, . 46
Apportionment of representatives, . . . . . . 16, 39, 40, 41, 45
to the several counties, made on the basis of legal voters, ... 46 Appropriation of money from treasury for certain purposes, to be excluded
from proposal by initiative or referendum petition, . . .53, 59
Appropriation bill, the general, to be based upon the budget, etc., . . 65
Appropriation bills, special, may be enacted after final action on general appro- priation bill, .......... 66
Appropriations, origin of money bills, ....... 18
no initiative or referendum petitions on, . . . . . . 53, 59
budget and regulation of money bills, ...... 65, 66
Arguments for and against measures under the initiative and referendum to
be sent the voters by the secretary of the commonwealth, . . 61
Armies, dangerous to liberty, and not to be maintained without consent of
the legislature, .......... 8
no quartering of troops, unless, ........ 9
Arms, right of people to keep and to bear, for public defence, ... 8
Arrest, members of house of representatives exempted from, on mesne process,
while going to, returning from, or attending the general assembly, . 18 Arrest, search and seizure, right of, regulated, ...... 7
warrant to contain special designation, ...... 7
Assembly, peaceable, the right of, ....... . 8
not a subject for initiative or referendum petition, .... 53
As.sembly of general court, frequent, ........ 9
Association or corporation, private, not to be given credit of the common- wealth, ........... 64
Attorney-general, to be chosen by the people annually in November ; amended,
to be elected biennially, . . . . . 21, 43, 66
to hold office for one year from third Wednesday in January next there- after, and until another is chosen and qualified; term of office ex- tended to two years, ......... 43
not to be a legislator or congressman, . . . . . . 32, 37
election determined by legislature, . . . . . . " . 44
in failure of election by the voters, or in case of decease of person elected, vacancy to be filled by joint ballot of legislature from the two per- sons having the highest number of votes, at November election, . 44 vacancy occurring during session of the legislature filled by joint ballot
of legislature from the people at large, ...... 44
INDEX TO THE CONSTITUTION. 77
Attorney-general, vacancy occurring during recess of legislature filled by
governor by appointment, with consent of council, ... 44
not eligible, unless an inhabitant of the state for five years next preceding
election or appointment, ........ 44
office to be deemed vacant if person elected or appointed fails to be quali- fied within ten days, ......... 44
qualifications requisite, ......... 44
initiative petition, etc., to be submitted to, . . . . . .54, 57
description on ballot under initiative and referendum to be determined by, 61 to exercise powers of governor and lieutenant governor in succession
when both offices are vacant, ....... 64
Attorneys, district, elected by the people of the several districts, ... 44 Auditor, to be chosen by the people annually in November; amended, to be
elected biennially, . . . . 43, 66
to hold office for one year from third Wednesday in January next there- after, and until another is chosen and qualified; term of office extended to two years, . . . . . . . . 43, 66
election determined by legislature, ....... 44
vacancy filled in same manner as in office of attorney-general, . . 44
not eligible, unless an inhabitant of the state for five years next preceding
election, ........... 44
office to be deemed vacant if person elected or appointed fails to be quali- fied within ten days, ......... 44
qualifications requisite, ......... 44
to exercise powers of governor and lieutenant governor in succession
when both offices are vacant, ....... 64
B.
Bail, or sureties, excessive, not to be required, ...... 9
protection from unreasonable, not a subject for initiative or referendum
petition, . . . . . ... . . .53
Ballot, voting by, and voting machines, . . . . . . . 17, 49
form for popular legislation and vote on constitutional amendment, . 61 Ballots cast at state election, number of negative votes required to disapprove
law submitted to the people, . . . . . 56, 60 Biennial election of senators, representatives and certain state officers to
begin in November, 1920, 66
Bill, the general appropriation, to be based upon the budget, etc., . . 65 BUI appropriating money, governor may disapprove or reduce items or parts
of items in, .......... 66
Bill of rights, declaration of, ........ . 4-10
certain individual rights not to be subject of initiative or referendum
petition, ........... 53
BUls, money, to originate in the house of representatives, .... 18
Bills, special appropriation, may be enacted after final action on general
appropriation bill, ......... 66
78 INDEX TO THE CONSTITUTION.
PAGE
Bills and resolves, to be laid before governor for revisal, . . . . 11
to have force of law if signed by governor, . . . . . .11
if objected to by governor in writing, to be returned to branch in which originated, and may be passed by two thirds of each branch present and voting thereon by yeas and nays, . . . . . .11
if not returned by governor within five days after presentation, to have
force of law, unless the legislature adjourns before that time expires, . 11, 34 may be returned to general court by governor recommending amend- ment, ........... 64
provision for submission of, to the people on referendum, . . .50, 52
Blind, the deaf, dumb or, privately controlled hospitals, etc., for, may be
compensated for the care and support of such persons, ... 52 Boards, public, to make quarterly reports to the governor, .... 23
Boards and commissions, organized into not more than twenty depart- ments, ........... 67
Bod}' politic, formation and nature of, ...... . 3
title of: The Commonwealth of Massachusetts, ..... 10
Borrowed money, expenditure of, limited, ....... 65
Bribery or corruption used in procuring an appointment or election, to dis- qualify from holding any office of trust, etc., .... 32
Budget, governor to recommend, to general court, ..... 65
provision for supplementary, ........ 65
Buildings may be limited for use," etc., to specified districts of cities and
towns, ........... 64
c.
Census, of ratable polls, .......... 39
of inhabitants, . . . . . . . . . . 41, 45, 46
of inhabitants and legal voters taken in the year 1865, and every tenth
year thereafter, . . . . . . . . . 40, 45, 46
enumeration of voters to determine the apportionment of representa- tives, . . . . . . . 45, 46
Change of name by women notaries public renders commission void, but,
etc., ............ 64
Change of residence not to disqualify voter until six months from time of
removal, etc., .......... 4S
Charitable, institution, etc., publicly controlled, not to deprive an inmate
of the opportunity of religious exercises of his own faith, . 52
undertaking, not under exclusive public control, etc., grant of public
money forbidden to, ......... 51
Charters, etc., shall forever remain subject to revocation and amendment, . 64 Church, appropriation of public money, etc., not to be made to found any, . 52 Circulation of certain petitions under initiative and referendum to be regu- lated by the general court, ........ 61
Cities, may be chartered by the general court, if containing twelve thousand
inhabitants and consented to by a majority thereof, ... 35
INDEX TO THE CONSTITUTION. 79
Cities and towns not to aid certain schools, educational, charitable, religious or other institutions with moneys raised by taxation, may limit buildings for use, etc., to specified districts, . may take ancient landmarks for public use, ....
Cities and towns, etc., to provide food and shelter during time of war, etc.. Citizens, homes for, general court empowered to take land for relieving con gestion of population and providing, .....
Citj% etc., law restricted to a particular, to be excluded from proposal by initiative or referendum petition, .....
Civil cases, right to trial by jury, .......
CivU officers, meeting for election to be held annually on the Tuesday next after the first Monday in November, ......
whose election is provided for by the constitution to be elected by a plurality of votes, ........
Clerk of house of representatives not to be legislator.
Clerks of courts, elected by the people of the several counties,
incompatible offices, .........
Clerks of towns to make records and returns of elections.
Collection of revenue into the treasury, ......
College, not publicly owned, etc., grant of public money forbidden to, . Colonial laws, not repugnant to the constitution, continued in force. Commander-in-chief, governor to be, ......
Commerce, agriculture and the arts, to be encouraged. Commissary-general appointed and commissioned as fixed by law, . 26
Commission officers, tenure of office to be expressed in commissions. Commission to prepare examinations for military and naval officers. Commissioners of insolvency elected by the people of the several counties annulled, ..........
Commissions, to be in the name of the commonwealth, signed by governor
attested by the secretary, and have the great seal affixed,
to military and naval officers, by the governor, ....
recess committees or, members of general court not to receive salary for service upon, except, etc., ......
Common pleas, judges of the courts of, restriction on office holding by.
Commonwealth, not to aid certain schools, educational, charitable, religious
or other institutions with moneys raised by taxation, etc.,
not to give credit to aid any individual, private association or private
corporation, .........
to provide food and shelter during time of war, etc.,
law operative in particular districts, etc., of the, to be excluded from
proposal by initiative or referendum petition, may take ancient landmarks, etc., for pubUc use, may borrow money to repel invasion, etc., .....
Compact of government, .........
Compensation, additional, not to be paid members of general court for service upon recess committees, except, etc., .....
Compulsory voting, general court to have authority to provide for,
51 64 63 52
50
53,59 8
42
42 32 44
32,37 14 65 51 33
20,63 30
36,63 26 63
44,49
33 63
67 37
51
64 52
53,59
63
65
3,4
67 64
80
INDEX TO THE CONSTITUTION.
Conflicting and alternative measures in popular legislation at one election, of constitutional amendments at one election, ....
Congestion of population, etc., general court empowered to authorize the taking of land for relieving, ....
Congress, delegates to, ...... .
members of, may not hold certain state ofiices, state officers not to be members of, . Conservation, of certain natural resources of the commonwealth, of wild and forest lands, ......
Constitution, amendment to, proposed in the general court, agreed to by a majority of senators and two thirds of the house present and voting thereon by yeas and nayp; entered upon the journals of both houses, and referred to the next general court; if the next general court agrees to the proposition in the same manner and to the same effect, it shall be submitted to the people, and, if approved by them by a majority vote, becomes a part of the constitution, . . 37,
specified number of voters may submit, ......
articles IX and XLII of amendments to, annulled, . ^. . .
provisions for revising, ........ 34,
to be enrolled on parchment, deposited in secretary's office, and printed in all editions of the laws, .....
rules governing initiative petitions for,
matters excluded from initiative petition for,
legislative substitute for, . .
introduction into the general court by initiative petition of proposal for,
procedure in general court for, .......
submission to the people of, .... .
conflicting and alternative measures at one election,
regulation of signatures to petitions for,
form of ballot, ........
information for voters, ......
provisions for, to be self-executing but legislation permitted to facilitate their operation, ..........
no part of the, specifically excluding any matter from the operation of the initiative and referendum, shall be the subject of an initiative petition, ...........
Contents of initiative and referendum petitions, .....
Contracts, revocation of charters, etc., .......
Control of certain natural resources of the commonwealth, ....
Coroners, appointment of, ........ .
Corporation, privately owned and managed, not to be given credit of the commonwealth, ..........
Corporations, revocation and amendment of charters, ....
and co-partnerships, general court to provide by law for circulation of initiative and referendum petitions for hire or reward by. Corrupt practices in elections, relative to the right to vote by persons dis- qualified by reason of, ........
PAGE
57,58 57,58
50 27 37 37 62 50
52-56 55 62
37,55
34 53,54
53 54,55
55 55,56
56 57,58 60,61
61 61,62
62
53 53,59 64 62 21
64 64
61
50
INDEX TO THE CONSTITUTION.
81
Corruption or bribery used in procuring any appointment or election to dis- qualify from holding any office of trust, etc., .... 33 Council, five members to constitute a quorum, ..... 20, 25, 43 eight coimcUlors to be elected annually; amended, to be elected bien- nially, 25, 42, 66
election to be determined by rule required in that of governor, . . 42
to take oath of office before the president of the senate in presence of
both houses of assembly, . . . . . . . . 31, 36
to rank next after the lieutenant governor, ...... 25
resolutions and advice to be recorded in a register, and signed by the mem- bers present, .......... 25
register of council may be called for by either house, .... 25
incompatible offices, . . . . . . 32, 37
to-exercise the power of governor when office of governor and lieutenant
governor is vacant; annulled, ....... 25, 63
authority to exercise powers of governor and lieutenant governor when
both offices are vacant transferred to certain state officers, . . 63
no property qualification required, ....... 42
eight districts to be formed, each composed of five contiguous senatorial
districts, ........... 42
ehgible to election if an inhabitant of state for five years preceding elec- tion, ........... 43
consent of, required to retire judicial officers for certain reasons, . . 64
term of office ; changed to biennial election, . . 38, 66
vacancy to be filled by election of a resident of the district by concurrent vote of the senate and house; if legislature is not in session, to be filled by governor with advice of council, ..... 47
officers serving directly under governor or, not to be included in any of
the twenty departments, ........ 67
Counties, election of officers in, . . . . . . . . 44, 49
laws restricted to, not subject to initiative or referendum petition, . 53, 59
County, certified signatures on any initiative or referendum petition not to
exceed one fourth of registered voters in any one, .... 61
Court, superior, judges not to hold certain other offices, .... 37
Court, supreme judicial, judges to have honorable salaries fixed by standing
laws, and to hold office during good behavior, . . 10, 24, 26, 27
judges not to hold certain other offices, ...... 37
to give opinions upon important questions of law, etc., when required by
either branch of the legislature or by the governor and council, . 27 Courts, clerks of, elected by the people of the several counties, ... 44 Courts, the powers, creation or abolition of, not a subject for initiative or
referendmn petition, . . . . . . . . . 53, 59
right of access to and protection in the, not subject for initiative or
referendum petition, ......... 53
Courts, probate, provisions for holding, ....... 27
registers elected by the people of the several counties, .... 44
Coiirts and judicatories, may be established by the general court, . , 11
82 INDEX TO THE CONSTITUTION.
Courts and judicatories, may administer oaths or affirmations, ... 12 Credit of the commonwealth not to be given to aid any individual, private
association or private corporation, etc., . . . . . 51, 64
Crimes and offences, prosecutions for, regulated, ..... 7
Crimes to be proved in the vicinity of where they happen, .... 7
Criminal law, regulation, . . . . . . . . . . 7, 9
D.
Deaf, dumb or blind/ privately controlled hospitals, etc., for the, may be
cpmpensated for the care of such persons, ..... 52
Debate, freedom of, in the legislature, ....... 9
Decision, a judicial, not to be