( r\
/
f
MASS
ACTS
RESOLVES
PASSED BY THE
^^neral (^amt of Ulassarhtisdts,
IN THE YEAR
1902,
TOGETHER WITH
THE CONSTITUTION, THE MESSAGES OF THE GOVERNOR,
LIST OF THE CIVIL GOVERNMENT, TABLES SHOWING
CHANGES IN THE STATUTES, CHANGES OF
NAMES OF PERSONS, ETC., ETC.
PUBLISHED BY THE
SECRETARY OF THE COMMONWEALTH.
BOSTON :
WRIGHT & POTTER PRINTING CO., STATE PRINTERS,
18 Post Office Square.
1902.
A CONSTITUTION
FORM OF GOYEmSTMEXT
Cmnmontoijaltb cf Uassacljusetts.
PREAMBLE.
The end of the institution, maintenance, and administra- objects of tion of government, is to secure the existence of the body go^eriiment. 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 pontic, of individuals :' it is a social compact, by which the whole itTuatme!''' 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, mth 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-
CONSTITUTION OF THE
ably, without fraud, violence, or surprise, of entering into an ()ri<i:inal, explicit, and solemn compact with each other; and of forming- a now 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 Hightfi, and Frame of Government, as the Constitution of the Com- monwealth OF Massachusetts.
Equality and
natural rights of all men.
Right and duty of public relig- ious worship. Protection therein. 2 0u8h. 104 12 Allen, 129.
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 arc born free and equal, and have certain natui'al, 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 duty 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 of 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 prcserv^ation of civil government, essentially depend upon })it^ty, religion, and morality; and as these cannot be generally diH'used through a community but by the institution of the publi(; 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 invest 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 suitabhi })rovision, at their own expense, for the institution of the i)ublic worship of God, and for
COMMONWEALTH OF MASSACHUSETTS. 5
the support and maintenance of public Protestant teacliers of piety, rcliii^ion, and morality, in all cases where such provision shall not be made voluntarily.
And the i^eople of this commonwealth have also a riffht .5"^ to enjoin
i A , , , , & attendance
to, and do, invest their legislature with authority to enjoin thereon. 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- fiusTeachcTs'^" ties, shall, at all tunes, have the exclusive right of electing ^^''"•■ed- their public teachers, and of contracting with them for their support and maintenance.
And all moneys paid by the subject to the support of ^fimparochiai public worship, and of the public teachers aforesaid, shall, taxes may be
•i? 1 • • J 1 • f -I T 1 /» 1 paid, unless,
II he require it, be unitormly applied to the sui)port of the etc. public teacher or teachers of his own religious sect or de- nomination, provided there be any on whose instructions he attends ; otherAvise 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- Aiidenomina- selves peaceably , and as good subj ects of the commonwealth , p^otectld^^^^ shall be e(iually under the protection of the law : and no luborVunatiou subordination of any one sect or denomination to another another?rV° shall ever be established by law.] Mbited.
IV. The people of this commonwealth have the sole Right of self and exclusive right of governing themselves, as a free, fecured?*''* 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 ^f°aiTo"ffic^Jr"^ being derived from them, the several magistrates and etc officers 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 pubHc*be^ng and exclusive privileges, distinct from those of the com- p^cuuir privu° munity, than what arises from the consideration of ser- leges.heredi-
11 1 1. ,,.. .. tary offices are
Vices rendered to the public; and this title being in absurd and nature neither hereditary, nor transmissible to children, ""^^'"^*-
CONSTITUTION OF THE
Objects of gov- ernment; right of people to inetitute and change it.
Right of people to secure rota- tion in office.
All, having the qualiiications prescribed, equally eligible to office. For the definition of *' inhabitant," see 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, 1.50. 4 Allen, 474.
Private prop- erty not to be taken for public uses without,
6 c'ush. 327. 14 Gray, 15.5. 16 Gray, 417, 431.
Remedies, by recourse to the law, to be free, complete and prompt.
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 iiave 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 oiBcers to return to private life ; and to fill up vacant places by certain and regular elections and appoint- ments.
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. 122 Mass. 595, 596.
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.
1 Allen, 150. 103 Mass. 120, 624.
11 Allen, 530, 106 Mass. 356, 362.
12 Allen, 223, 230. 108 Mass. 202, 213. 100 Mass. 544, 560, 111 Mass. 130,
113 Mass. 45, 116 Mass. 463. 126 Mass. 428, 441.
127 Mass. 50, 52,
358,363,410,413, 129 Mass. 559.
XL Every subject of the commonwealth ought to find a certain remedy, by having recourse to the laws, for all injuries or ^vrongs which he ma}^ receive in his person, property, or character. He ought to obtain right and
COMMONWEALTH OF MASSACHUSETTS. 7
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 8 Pick. 211. and formally, described to him ; or be compelled to accuse, is pick. 4k, or fiu-nish evidence against himself. And every subject fulth^' shall have a right to produce all proofs that may be favor- l^Q^f\^^^' able to him ; to meet the witnesses against him face to face, 5 gray', leo. and to be fully heard in his defence by himseh', or his 10 Gray, ii." counsel, at his election. And no subject shall be arrested, 2 AiieY.'sei.' imprisoned, despoiled, or deprived of his property, immu- 240^26X439!" nities, or privileges, put out of the protection of the law, t2\iien,i7o, exiled, or deprived of his life, liberty, or estate, but by the 97 Maes.'svo, judgment of his peers, or the law of the land. 100 Mass. 287,
107 Mass. 172, 180. 118 Mass. 443, 451. 122 Mass. 332. 127 Mass. 550, 554. lOSMass. 418.
108 Mass. 5, 6, 120 Mass. 118, 120. 124 Mass. 464. 129 Mass. 559.
And the lemslature shall not make any law that shall Right to trial
o , . . , "y jury in
subject any person to a capital or infamous punishment, criminal cases, exceptino; for the o-overnment of the army and navy, with- sGray, 329, 373.
, / . T^ . ® "^ '' 103Ma88.418.
out trial by jury.
Xni. In criminal prosecutions, the verification of facts. Crimes to be in the vicinity where they happen, is one of the great- ?idnity!°* * est securities of the life, liberty, and property of the isi'Mass!"!, 62. citizen .
XIV. Every subject has a right to be secure from all ^n^'^ggfiure'*'^''^ unreasonable searches, and seizures, of his person, his regulated. houses, his papers, and all his possessions. All warrants, Amen'd'tiv. '' therefore, are contrary to this right, if the cause or founda- scush. 369. tion of them be not previously supported by oath or affir- l3'Griy,^454. mation, and if the order in the warrant to a civil officer, to Joo'Mase Ts^e make search in suspected places, or to arrest one or more JgeMass 269 suspected persons, or to seize their property, be not accom- 273. panied 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 prescribed by the laws.
XV. In all controversies concerning property, and in mght to trial all suits between two or more persons, except in cases in elclp'tfetc!'^^ ' which it has heretofore been otherways used and practised, Amend°t vif."* the parties have a right to a trial by jury ; and this method 2 p>|^-|^^. of procedure shall be held sacred, unless, in causes arising 5 Gray, 144.
ii'i 1 1 ii • » 8 Gray, 373.
on the himi seas, and such as relate to mariners wages, iiAUen, 574,
. ~ . 577
the legislature shall hereafter find it necessary to alter it. io2"Mas8.45,47.
114 Mass. 388, 390. 122 Mass. 505, 516. 125 Mass. 182, 188. 120 Mass. 320, 321. 123 Mass. 590, 593. 128 Maes. 600.
CONSTITUTION OF THE
Liberty of the press.
Right to keep and bear arms. Standing armies dangerous. Military power Bubordinate to civil. 5 Gray, 121.
Moral qualifica- tions for office.
Moral obliga- tions of law- givers and magistrates.
Right of people to instruct rep- resentatives and petition legislature.
Power to BUS- pend the laws or their execu- tion.
Freedom of de- bate, etc., and reason thereof.
Frequent ses- sions, and ob- jects thereof.
Taxation founded on consent. 8 Allen, 247.
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 comnionwealth.
XVII. The people have a right to keep and to bear arms for the common defence. And as, in time of peace, armies are dangerous to liberty, the}^ ought not to be maintained without the consent of the legislature ; and the military power shall alwa3^s be held in an exact subor- dination to the civil authority, and be governed by it.
XVIII. A frequent recurrence to the fundamental principles of 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 representatives : and they have a right to require of their lawgivers and magistrates an exact and constant observance of them, in the formation and execution of the laws necessary for the good administration of the common- wealth.
XIX. The people have a right, in an orderly and peace- able manner, to assemble to consult upon the common good; give instructions to their representatives, and to request of the legislative body, by the way of addresses, petitions, or remonstrances, redress of the wrongs done them, and of the gi'ievances the}" suffer.
XX. The power of suspending the laws, or the execu- tion of the laws, ought never to be exercised but by the legislature, or by authority derived from it, to be exer- cised in such particular cases only as the legislature shall expressly provide for.
XXI. The freedom of deliberation , speech, and debate, in either house of the legislature, is so essential to the rights of the people, that it cannot be the foundation of any accusation or prosecution, action or complaint, in any other coiu"t or place whatsoever.
XXII. The legislature ought frequently to assemble for the redress of grievances, for correcting, strengthening, and confirming the laws, and for making new laws, as the common good may require.
XXIII. No subsid}^ charge, tax, impost, or duties ought to be established, fixed, laid, or levied, under any pretext whatsoever, without the consent of the people or their representatives in the legislature.
COMMONWEALTH OF MASSACHUSETTS. 9
XXIV. Laws made to punish for actions done before ex post. facto the existence of such laws, and which have not been de- ilTiien, 42if ' clared crimes bj preceding laws, are unjust, oppressive, ^^*'*28,434. and inconsistent with the fundamental principles of a free ofovernment.
XXY. No subject ought, in any case, or in any time. Legislature not to be declared guilty of treason or felony by the legis- treason, etc. lature.
XXVI. No magistrate or court of law shall demand o/fiue^i7lr,d^'' excessive bail or sureties, impose excessive fines, or inflict crueipunish-
' i ' ments, pro-
cruel or unusual punishments. 5 Gray, 482. hiMted.
XXVII. In time of peace, no soldier ought to be quar- No soidiertobe tered in an}'' house without the consent of the owner ; and house^uniess^^ in time of war, such quarters ought not to be made but ^**'*
by the civil magistrate, in a manner ordained b}^ the legis- lature.
XXVIH. No person can in any case be subject to law- citizens exempt martial, or to any penalties or pains, by virtue of that law, tiai, unless, etc. except those employed in the army or navy, and except the militia in actual service, but by authority of the legis- lature.
XXIX. It is essential to the preservation of the rights judges of su- of every individual, his life, libertj^ property, and charac- court? ^^'^^"'^^ ter, that there be an impartial interpretation of the laws, \^r^y^l^i_ and administration of justice. It is the right of every ^|^}}^°'^^^- citizen to be tried by judges as free, impartial, and inde- los Mass. 219, pendent as the lot of humanity will admit. It is, therefore, Temire'of their 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 Salaries, laws .
XXX. In the government of this commonwealth, the separation of legislative department shall never exercise the executive ciairanTiegis.*' and judicial powers, or either of them : the executive shall menfg^^^^'^'^ never exercise the legislative and judicial powers, or either 2 Aiie^' seV. of them : the iudicial shall never exercise the leo'islative L^ll®°'^Ji?^^-
. "^ . 1 ^1 1 T • ^*'*' Mass. 282,
and executive powers, or either 01 them : to the end it 286.
114 Mass 247
may be a government of laws and not of men. 249. * '
116 Mass. 317. 129 Mass. 559,
10
CONSTITUTION OF THE
Title of body politic.
PAET THE SECOND.
The Frame of Government.
The people, inhabiting the territor}^ 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
Legislative department.
For change of time, etc., see amendmeutB, Art.X.
Governor's
veto.
99 Mass. 636.
Bill may be passed by tv?o- thirds of each house, notwith- Btanding.
THE LEGISLATIVE POWER.
Section I.
TJie General Court.
Article I. The department of legislation shall be formed by two branches, a Senate and House of Represent- atives ; each of which shall have a negative on the other.
The legislative body shall assemble every year [on the last Wednesday in May, and at such other times as they 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- sentatives shall become a law, and have force as such, until it shall have been laid before the governor for his revisal ; and if he, upon such revision, approve thereof, he shall signify his approbation by signing the same. But if he have any objection to the passing of such bill or resolve, he shall return the same, together with his objections thereto, in writing, to the senate or house of representatives, in whichsoever the same shall have originated ; who shall enter the objections sent down by the governor, at large, on their records, and proceed to reconsider the said bill or resolve. But if after such reconsideration, two-thirds of the said senate or house of representatives, shall, notwith- standing the said objections, agree to pass the same, it shall, together with the objections, be sent to the other branchy of the legislature, where it shall also be reconsid- ered, and if approved b}^ two-thirds of the members pres- ent, shall have the force of a law : but in all such cases,
COMMONWEALTH OF MASSACHUSETTS. 11
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, u„,o^„w„„
And in order to prevent unnecessary delays, it any bill mease of ad- or resolve shall not be returned by the governor within thege^erai five days after it shall have been presented, the same shall thefivedaj",
have the force of a law. 3 Mass. 567. ^nerft" Art. I.
III. The general court shall forever have full power General court and authority to erect and constitute judicatories and judicatories" ^ com-ts of record, or other courts, to be held in the name o^dfetc.* ''^*'' of the commonwealth, for the hearing, trying, and deter- js^Jrly.^iiT, mining of all manner of crimes, offences, pleas, processes, i54. plaints, actions, matters, causes, and things, whatsoever,
arising or happening within the common w^ealth, or between
or concerning persons inhabiting, or residing, or brought
within the same : Avhether the same be criminal or civil,
or whether the said crimes be capital or not capital, and
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 ^""■"a'd'^-ni-gter
granted full power and authority, from time to time, to oaths.
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 General court
11.1 1 i x' J.- / may enact laws,
given and granted to the said general court, iroiii time to etc. time to make, ordain, and establish, all manner of whole- 4 Aii'ln', 473. some and reasonable orders, laws, statutes, and ordinances, Hj^^^^""''^^' directions and instructions, either with penalties or with- 100 Mass. 544. out; so as the same be not repugnant or contrary to this ne Mass. 467, constitution, as they shall judge to be for the good and may enact welfare of this commonwealth, and for the government J-epugnant to * and ordering thereof, and of the subjects of the same, and e^Xuenfsss!'""' for the necessary support and defence of the government thereof; and to name and settle annually, or provide by may provide fixed laws for the naming and settling, all civil officers or appointment within the said commonwealth, the election and consti- ii5°Massf'602. tution of whom are not hereafter in this form of govern- ment otherwise provided for ; and to set forth the several thSr duUeT."*"^ duties, powers, and limits, of the several civil and military 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
12
CONSTITUTION OF THE
General court may impose taxes, etc. 12 Mass. 252.
5 Allen, 428.
6 Allen, 558.
8 Allen, 247, 253.
10 Allen, 235.
11 Alien, 268.
12 Allen, 77,223, 235, 238, 240, 298, 300, 312, 313, 5U0, 612.
98 Mass. 19.
100 Maes. 285.
101 Mass. 575, 585
103'Mas8. 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 for defence, protec- tion, etc. 8 Allen, 247, 256. Valuation of estates once in ten years, at least, while, etc. 8 Allen, 247. 126 Mass. 547.
this constitution ; and to impose and levy proportional and reasonable assessments, rates, and taxes, upon all the inhabitants of, and persons resident, and estates Ijing, 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 th(! same ; to be issued and disposed of" by warrant, under the hand of" the governor of. this commonw^ealth 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 manner that has hitherto been practised, in order that such assessments may be made with equality, there shall be a valuation of estates within the commonwealth, taken anew once in every ten years at least, and as much oftener as the general court shall order.
For the authority of the general court to charter cities, see amendments. Art. II.
CHAPTER I
Senate, number of, and by whom elected. Superseded by amendments. Art. XIII., which was also superseded by amendments. Art. XXII.
For provision as to councillors, see amend- ments, Art. XVI.
Section II.
Senate.
Article I. [There shall be annually elected, by the freeholders and other inhabitants of this commonwealth, (jualified as in this constitution is provided, forty persons to be councillors and senators for the year ensuing their election ; to be chosen by the inhabitants of the districts into which the commonwealth may, from time to time, be divided by the general court for that purpose : and the general court, in assigning the numbers to be elected by the respectiv(; districts, shall govern themselves by the pro- portion of the public taxes paid by the said districts ; and timely make known to the inhabitants of the common- wealth the limits of each district, and the number of coun- cillors and senators to be chosen therein ; provided, that the number of such districts shall never be less than thir-
COMMONWEALTH OF MASSACHUSETTS. 13
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, ^ utricts* untn until the general court shall determine it necessary to etc. 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, viz. : — Suftblk, six ; Essex, six ; Middlesex, five ; Hampshire, fom* ; Plymouth, three ; Barnstable, one ; Bristol, three ; York, two ; Dukes County and Nantucket, one ; Worcester, five : Cumberland, one ; Lincoln, one ; Berkshire, two.]
II. The senate shall be the first branch of the legislat- Jf^eo^choling ure ; and the senators shall be chosen in the following man- senators and
• 1 11 1 • i_i m -\/r 1 • councillors, bee
ner, viz. : there shall be a meeting on the [urst Monday in amendmentB, April,] annually, forever, of the inhabitants of each town xv.' As in the several counties of this commonwealth ; to be called amMdmente, by the selectmen, and warned in due course of law, at ^^'KYiodb as to least seven days before the [first Monday in April,] for qualifications of
•^ . L •/ 1 'J voters, Buper-
the purpose of electing persons to be senators and coun- sededbyamend- cillors : [and at such meetino-s every male inhabitant of iii., xx., twenty-one years of age and upwards, having a freehold xxx.,x'xxi. estate within the commonwealth, of the annual income of word'^'hihabi. three pounds, or any estate of the value of sixty pounds, |*ee*ak'|ff,ae'J,d. shall have a ri^ht to ffive in his vote for the senators for ments, Art.
^ ~i . , ,~ . . , , . -, AT XXIlI., which
the district oi which he is an inhabitant.] And to remove was annulled by all doubts concerning the meaning of the word ' ' inhabi- 12'^Gray, 21.' tant" in this constitution, every person shall be considered 122 Mass. 095, 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 seiectmento
•11 1111 •! i' preside at town
such meetings impartially ; and shall receive the votes 01 meetings. all the inhabitants of such towns present and qualified to vote for senators, and shall sort and count them in open town meeting, and in presence of the town clerk, Return of votes. who shall make a fair record, in presence of the select- men, 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 as to cities, see
11 11 11 11 11 amendments,
the selectmen and the town clerk, and shall be sealed up. Art. 11. directed to the secretary of the commonwealth for the time being, with a superscription, expressing the purport
14 CONSTITUTION OF THE
of the contents thereof, and delivered by the town clerk of such towns, to the sherift' of the county in which such tofiMtwedneB. ^^^^'^ ^^^^^ thirty days at least before [the last Wednes- day of January, day in May] annually; or it shall be delivered into the ments, Art. X. 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 May.] un^ncorporatid A"*^ ^^^ inhabitants of plantations unincorporated, plantations qualified as this constitution provides, who are or shall
who paj' state i i i • i
taxes, may vote, bc empowcrcd and required to assess taxes upon them- selves toward the support of government, shall have the same privilege of voting for councillors and senators in the plantations where they reside, as town inhabitants meetings" havc in their respective towns ; and the plantation meet- Time of eiec- ji^o-s for that purpose shall be held annually [on the same
tion changed by .",-• t • i •i-i ^ • ii
amendments, tirst Monday in April] , at such place in the plantations, Assessor's to respectively, as the assessors thereof shall direct; which notify, etc. asscssors sliall have like authorit}^ for notifying the elec- tors, collecting and returning the votes, as the selectmen and town clerks have in their several towns, b}^ this con- stitution. And all other persons living in places unincor- porated (qualified as aforesaid) 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. Oovernorand HI, And that there ma}^ be a due convention of sena- amineand count tors ou the [last Wednesday in May] annuallv, the gov-
votes, and issue .,, /V n ,-, •-, ,. .1 ,. , ' . , ,i
summonses. cmor With uvc ot thc couucil, tor the time being, shall, to^flr^stwednes- as soou as iiiay be, examine the returned copies of such byamendmen't^, ^ccords ; and fourtecn days before the said day he shall ^'V ^; issue his summons to such persons as shall appear to be
Majority . ^ tit
changed to clioscu bv [a, maioritv 01 I voters, to attend on that day,
plurality by »/L«'.'J ' ^ ./'
amendments, aiid take their seats accordingly : provided, nevertheless, that for the first year thc said returned copies shall be examined by the president and five of the council of the former constitution of government ; and the said president shall, in like manner, issue his summons to the persons so elected, that they may take their seats as aforesaid, finauudge^of ^^ ' ^hc scuatc shall be the final judge of the elec-
«iections, etc., tions, rcturns and (jualifications of their own members, as
COMMONWEALTH OF MASSACHUSETTS. 15
pointed out in the constitution; and shall, [on the said ofus own mem- last Wednesday in Mavl annually, determine and declare Time changed
-, I , ^ -',-,. . , r^ to first \\ ednes-
Aviio are elected by each district to be senators [by a day of January majority of votes; and in case there shall not appear to m^entsfArt. x. be the full number of senators returned elected by a ^^nged to majority of votes for any district, the deficiency shall be Amendments supplied in the following manner, viz. : The members of Ait. xiv. the house of representatives, and such senators as shall be declared elected, sliall 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 ^j^g^"'''®*' ^""^ senators sufficient to fill up the vacancies in such district; changed to and in this manner all such vacancies shall be filled up in people. every district of the commonwealth ; and in like manner nfe^nt^Art. all vacancies in the senate, arising by death, removal out ^^^^^^^• of the state, or otherwise, shall be supplied as soon as may be, after such vacancies shall happen.]
V. Provided, nevertheless, that no person shall be Qualifications capable of being elected as a senator, [who is not seised Property quaii- in his own right of a freehold, within this commonwealth, fsh^ed!'"'''"^" of the value of three hundred pounds at least, or possessed ^Mt^Art of personal estate to the value of six hundred pounds at ^^ii- _,^
1 c ^ ^ PI 1-11 For further pro-
least, or 01 both to the amount oi the same sum, and] who vision as to
has not been an inhabitant of this commonwealth for the aisoamen'd-
space of five years immediately preceding his election, and, xxn.' ^^^'
at the time of his election, he shall be an inhabitant in the
district for which he shall be chosen.
VI. The senate shall have power to adjourn themselves, senate not to provided such adjournments do not exceed two days at a thln'two'daj^s. time .
VII. The senate shall choose its own president, ap- shaii choose
. . i ' i its oflicers and
point its own omcers, and determine its own rules oi establish its proceedings.
VIII. The senate shall be a court with full authority j^f^^^^'^*" to hear and determine all impeachments made by the
house of representatives, against any officer or officers
of the commonwealth, for misconduct and mal-administra-
tion 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 Oath.
charge in question, according to evidence. Their judg- Limitation of
ment, however, shall not extend further than to removal
from office and disqualification to hold or enjoy any place
16
CONSTITUTION OF THE
Quorum. See amendments. Arte. XXII. and XXXIII.
of honor, trust, or profit, under this commonwealth ; 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.]
Representation of the people.
Representa- tives, by whom chosen. Superseded by amendments, Arts. XII. and XIII., which •were also superseded by amendments, Art. XXI. 7 Mass. 523.
Proviso as to towns having less than 150 ratable polls.
Towns liable to iine in case, etc.
Expenses of travelling to and from the general court, how paid. Annulled by Art. XXXV.
Qualifications of a repre- sentative.
CHAPTER I. Section III.
House of Representatives.
Article I. There shall be, in the legislature of this commonwealth, a representation of the people, annually elected, and founded upon the principle of equality.
II. [And in order to provide for a representation of the citizens of this commonwealth, founded upon the prin- ciple of equality, every corporate town containing one hundred and fifty ratable polls may elect one represent- ative ; every corporate town containing three hundred and seventy-five ratable polls may elect two representa- tives ; every corporate town containing six hundred ratable polls may elect thi*ee 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, not having one hundred and fifty ratable polls, may elect 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 time to time to impose fines upon such towns as shall neglect to choose and return members to the same, agree- ably to this constitution.
[The expenses of travelling to the general assembly, and^ returning home, once in every session, and no more, shall be paid by the government, out 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.]
III. Every member of the house of representatives shall be chosen by ^vritten votes ; [and, for one 3'ear at
COMMONWEALTH OF MASSACHUSETTS. 17
least next precedino- his election, shall have been an inhab- New provision
• , , f 11 V • 1 • 1 •■ • 1 J. J? J} as to residence.
itant 01, and have been seised in his own right or a tree- seeamend- hold of the value of one hundred pounds within the town xxl*'^"^*" he shall be chosen to represent, or any ratable estate to f cauons aTol"' the value of two hundred pounds: and he shall cease to ishedbyamend-
• i-T 1. . , ments, Art,
represent the said town immediately on his ceasing to be xiii. qualified as aforesaid.]
IV. [Every male person, being- twenty-one years of Qualifications
-,'-.-, "^ . ^ . , ~ . ■, . " of a voter.
age, and resident in anv particular town in this common- These pro-
1 . , /. , 1 f" 1 T 1 • visions siiper-
wealth tor the space oi one year next preceding, having a sededby freehold estate within the said town of the annual income A^rj^lfL^xx., of tliree pounds, or any estate of the value of sixty pounds, xxx^^xxxi shall have a rio'ht to vote in the choice of a representative andxxxii.
~ , , , ^ See also amend-
or representatives tor the said town.] ments, Art.
V. [The members of the house of representatives shall was annulled by be chosen annually in the month of May, ten days at least ^f j.fg'e^J' before the last Wednesdav of that month.] tives,when
-' chosen.
Time of election changed by amendments, Art. X., and changed again by amendments,
Art. XV.
VI. The house of representatives shall be the gfrand House aione
c ^ • 11 111' 1 can impeach.
inquest ot this commonwealth ; and all impeachments made by them shall be heard and tried by the senate.
VII. All monev bills shall orioinate in the house of House to origi-
" , "^ nate all money
representatives ; but the senate may propose or concur biUs. with amendments, as on other bills.
VIII. The house of representatives shall have power Not to adjourn to adjourn themselves ; provided such adjournment shall da^s!*''*"*'^*' not exceed two days at a time.
IX. [Not less than sixty members of the house of Quonim. see
L , . "^ ^ 1 • • amendments,
representatives shall constitute a quorum for doino- busi- Arts. xxi. and
^ -, 1 & XXXIII.
ness . ]
X. The house of representatives shall be the judge of To judge of the returns, elections, and qualifications of its own mem- itsown'mem- bers, as pointed out in the constitution ; shall choose their its officers and^ OAvn speaker ; appoint their own officers, and settle the ruiesl'etc.'** rules and orders of proceeding in their own house. They May punish shall have authority to punish by imprisonment every offences*''^ person, not a member, who shall be guilty of disrespect i^c^ray, 226. 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
18
CONSTITUTION OF THE
Privileges of membere.
Senate. Governor and council may puniBb.
General limita- tion. 14 Gray, 226.
Trial may be by committee, or otherwise.
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 poAvers 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 oftences, 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 concerned, 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.
CHAPTER II
Governor.
His title.
To be chosen annually. QualificatioDB. See amend- ments. Arts. VII. and XXXI v.
By whom chosen, if he have a majority of votes.
Time of elec- tion changed by amendments, Art. X., and changed again by amend- ments, Art. XV.
EXECUTIVE POWER.
Section I.
Governoi'.
Article I. There shall be a supreme executive mag- istrate, who shall be styled — The Governor of the CoivEviONWEALTH OF MASSACHUSETTS ; and wliosc title shall be — His Excellency.
II. The governor shall be chosen annually ; and no person shall be eligible to this oiEce, unless, at the time of his election, he shall have been an inhabitant of this com- monwealth for seven years next preceding ; [and unless he shall at the same time be seised, in his own right, of a freehold, within the commonwealth, of the value of one thousand pounds ;] [and unless he shall declare himself to be of the Cliristian religion.]
III. Those persons who shall be qualified to vote for senators and representatives within the several towns of this commonwealth shall, at a meeting to be called for that purpose, on the [first Monday of April] annually, give in their votes for a governor, to the selectmen, who shall preside at such meetings ; and the town clerk, in the presence and with the assistance of the selectmen, shall, in open town meeting, sort and count the votes, and form
COMMONWEALTH OF MASSACHUSETTS. 19
a list of the persons voted for, with the number of votes for each person against his name ; and shall make a fair record of the same in the town books, and a public decla- ab to cities, see
,. , .1 . Tin-j^i amendments,
ration thereof m the said meeting; and shall, in the pres- Art.ii.
ence of the inhabitants, seal up copies of the said list,
attested by him and the selectmen, and transmit the same
to the sherifl' of the county, thirty days at least before the
[last Wednesday in May] ; and the sherifl' shall transmit ^i^.^'.t'wednes-
the same to the secretary's office, seventeen days at least day of January
. "^ - by amend-
before the said [last Wednesday in May] ; or the select- ments, Art. x. men may cause returns of the same to be made to the office of the secretary of the commonwealth, seventeen days at least before the said day ; and the secretary shall lay the same before the senate and the house of repre- sentatives on the [last Wednesday in May] , to be by them changed to
T 1 • /• 1 ^' 1- r • "i n i' n plurality by
examined ; and in case oi an election by a [majority] oi an amendments, the votes returned, the choice shall be by them declared ^'■^•^^v. and published ; but if no person shall have a [majority] of when no person votes, the house of representatives shall, by ballot, elect ^^' '^ p^^'''*^"^- two out of four persons who had the highest number of votes, if so many shall have been voted for ; but, if other- wise, 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 o;overnor shall have authority, from time to Power of gov-
1 • !• • 11 T n X ii j-1 ernor, and of
time, at his discretion, to assemble and caii togetner tue governor and 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, agi-eeably to the constitution and the laws of the land.
V. The governor, with advice of council, shall have May adjourn or full power and authority, during the session of the gen- general court
1 , , T ii J. J.' upon request,
eral court, to adjourn or prorogue the same to any time and convene the two houses shall desire ; [and to dissolve the same on as '(Tdis'soiu- the day next preceding the last Wednesday in May ; and, *^°°'t^,^l'^^"|f' 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 com- monwealth 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
20
CONSTITUTION OF THE
As to dissolu- tion, see amend- ments, Art. X.
Governor and council may adjourn the gen- eral court in cases, etc., but not exceeding ninety days.
Governor to be commander-in- cbief.
Limitation.
happening, whereby danger may arise to the health or lives of the members from their attendance, he ma}^ direct the session to be lield at some other, the most convenient })hice Avithin the state.
[And the governor shall dissolve the said general com't on the day next preceding the last Wednesday in May.]
VI. In cases of disagreement between the two houses, with regard to the necessity, expediency, or time of ad- journment or prorogation, the governor, with advice of the council, 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 aii}'^ commander, or other officer or officers, from time to time, to train, instruct, exercise, and govern the militia and navy ; 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 b}'^ land, within or without the limits of this commonwealth, and also to kill, slay, and destroy, if necessary, and con- quer, by all fitting ways, enterprises, and means whatso- ever, all and every such person and persons as shall, at any time hereafter, in a hostile manner, attempt or enter- prise the destruction, invasion, detriment, or annoyance of this commonwealth ; and to use and exercise, 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 legislatm'e to exist, as occa- sion shall necessarily require ; and to take and surprise, by all ways and means whatsoever, all and every such person 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 com- monwealth ; and that the governor be intrusted with all these and other powers, incident to the offices of cap- tain-general and commander-in-chief, and admiral, to be exercised agreeably to the rules and regulations of the con- stitution, and the laws of the land, and not otherwise.
Provided, that the said governor shall not, at any time hereafter, by virtue of any power by this constitution
COMMONWEALTH OF A^EASSACHUSETTS. 21
granted, or hereafter to be granted to him bj the legis- latiu'e, ti'ausport any of the inhabitants of this common- wealth, or oblige them to march out of the limits of the same, without theu' free and voluntary consent, or the con- sent of the general court ; except so far as may be neces- sary to march or transport them by land or water, for the defence of such part of the state to which they cannot otherwise conveniently have access.
VIII. The power of pardoning offences, except such Governor and as persons may be convicted of before the senate by an pardon o'ffenceB, impeachment of the house, shall be in the governor, by '^^^'^p*' ^''^• and with the advice of council ; but no charter of par- don, granted by the governor, with advice of the council
before conviction, shall avail the party pleading the same. But not before
, .,, ,!• ij-1 • conviction.
notwitustancling any general or particular expressions logMasa. 323. contained therein, descriptive of the offence or offences intended to be pardoned.
IX. All judicial officers, [the attorney-general,] the judicial offi- solicitor-general, [all sheriffs,] coroners, [and registers of nominated^n'd probate,] shall be nominated and appointed by the gov- Fo?°provkion8 ernor, bv and with the advice and consent of the council ; as to election
'- ••in 1 ^^ attorney-
and every such nomination shall be made by the governor, general, eee and made at least seven days prior to such appointment. Art. xvii. '
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. Art. IV.
X. The captains and subalterns of the militia shall be Miiitia officers, elected by the written votes of the train-band and alarm imitation of list of their respective companies, [of twenty-one years blVme^nd"-""* of age and upwards ;] the field officers of regiments shall ments. Art. v. be elected by the written votes of the captains and subal- terns of their respective regiments ; the brigadiers shall be elected, in like manner, by the field officers of their respec- tive brigades ; and such officers, so elected, shall be com- Howcommis- missioned by the governor, who shall determine their rank. "°°^'^'
The legislature shall, b}^ standing laws, du'ect the tmie Election of and manner of convening the electors, and of collect- °^°^'"*- ing votes, and of certifying to the governor, the officers elected.
The maior-generals shall be appointed by the senate and Major-generau,
"^ O 1 1 • "^ ,. ,1 howappomted
house 01 representatives, each havinof a nesfative ui3on the andcommis-
. . o o 1 sioned
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 vacancies, how or subalterns, shall neglect or refuse to make such elec- etc. '
22 CONSTITUTION OF THE
tions, after beino; duly notifiod, according to the laws for the time being, then the governor, with advice of council, shall apj)oint .suitable persons to till such offices. 2)mmiL'ioned, [And uo officcr, dulv comuiissioned to connnand in the how removed, militia, shall be removed from his office, but by the address ainendments, of botli liouscs to the govcmor, or bv fair trial in courts martial, pursuant to the laws of the commonwealth for the time being.] how^appo^i'nted.' ^he Commanding officers of regiments shall appoint their adjutants and quartermasters ; the brigadiers their brigade-majors ; and the major-generals their aids ; and the governor shall appoint the adjutant-general. hoTap^inted "^^^^ govcmor, witli aclvicc of council, shall appoint all officers of the continental army, whom by the confedera- tion of the United States it is provided that this common- wealth shall appoint, as also all officers of forts and garrisons. mmt^^^^*'°° °* '^^^ divisions of the militia into brigades, regiments, and companies, made in pursuance of the militia laws now in 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. draw^'n 'from the ^^- ^^ moncys sliall bc issucd out of the treasury of IxTe^Y^etc ^^^^® commonwealth, and disposed of (except such sums as 13 Allen, 593. may bc appropriated for the redemption of bills of credit 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 council, for the necessary defence and support of the com- monwealth ; and for the protection and preservation of the inhabitants thereof, agreeably to the acts and resolves of the general court. boar^"!*etc., to XII. All pubHc boai'ds, the commissary-general, all returns"'*'^^'^'^ Superintending officers of public magazines and stores, belonging to this commonwealth, and all commanding officers of 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, ammu- nition, cannon witli their a])pendages, and small arms with their accoutrements, and of all other public property whatever under their care respectively ; distinguishing the quantity, number, quality and kind of each, as particu- larly as may be ; together Avith the condition of such forts and orarrisons : and the said commandinij officer shall
COMMONWEALTH OF MASSACHUSETTS. 23
exhibit to the governor, when required by him, true and exact plans of such forts, and of the land and sea or har- bor or harbors, adjacent.
And the said boards, and all public officers, shall com- municate to the governor, as soon as ma,y be after receiv- ing 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 go^^""""'- members of the general court by a dependence on them for his support, that he should in all cases act with free- dom 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 commonwealth in the character of its chief magis- trate, it is necessary that he should have an honorable stated salary, of a fixed and permanent value, ampl}^ suffi- cient for those purposes, 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 estab- salaries of jus- lished b}^ law for the justices of the supreme judicial court, judfciai^wnir™*'
And if it shall be found that any of the salaries afore- Salaries to be said, so established, are insufficient, they shall, from time insufficient. to time, be enlarged, as the general court shall judge proper.
CHAPTER II.
Section II.
Lieutenant- Governor.
Article I. There shall be annually elected a lieu- Lieutenant- tenant-governor of the commonwealth of Massachusetts, fitiTand'quaTi- whose title shall be — His Honor; and who shall be amen°dment^sr qualified, in point of [religion,] [property,] and residence xxxrv.^' ^'''^ in the commonwealth, in the same manner with the gov- ernor ; and the day and manner of his election, and the qualifications of the electors, shall be the same as are re- quired in the election of a governor. The return of the now chosen. votes for this officer, and the declaration of his election, shall be in the same manner ; [and if no one person shall p/uranty p'^ro- be found to have a maiority of all the votes retm'ned, the videdforby
1 n 1 yn i i i i i n amendments,
vacancy shall be filled by the senate and house oi repre- Art.xiv.
24
CONSTITUTION OF THE
President of council Lieutenant- governor a member of, except, etc.
Lieutenant- governor to be acting governor, in case, etc.
sentatives, 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 liis 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 <>:overnor shall be vacant.
III.
Whenever the chair of the governor shall be
vacant, by reason of his death, or absence from the com- monAvealth, 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 con- stitution the governor is vested with, Avhen personally present.
Council. Number of councillors changed to eight. See amend- ments, Art. XVI.
Number; from whom, and how chosen. Modified by amendments. Arts. X. and XIII.
Superseded by amendments. Art. XVI.
If senators be- come council- lors, their seats to be vacated.
CHAPTER II. Section III.
Council, and the Manner of sefflinc/ Elections by the Legis- lature.
Article I. There shall be a council for advising the governor in the executive part of the government, to con- sist of [nine] persons besides the lieutenant-governor, whom the governor, for the time being, shall have full power and authority, from time to time, at his discretion, to assemble and call together ; and the governor, with the said councillors, or five of them at least, shall and may, from time to tune, hold and keep a council, for the order- ing and directing the affairs of the commonwealth, accord- ing to the laws of the land.
II. [Nine councillors shall be annually chosen from among the persons returned for councillors and senators, on the last Wednesday in May, by the joint ballot of the senators and representatives assembled in one room ; and in case there shall not be found upon the first choice, the whole number of nine persons who will accept a seat in the council, 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 scats of the persons thus elected from the senate, and accepting the trust, shall be vacated in the senate.]
COMMONWEALTH OF MASSACHUSETTS. 25
III. The councillors, in the civil arrangements of the Rank of commonwealth, shall have rank next after the lieutenant- governor.
IV. [Not more than two councillors shall be chosen No district to out of any one district of this commonwealth.] 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 office of the governor and lieuten- council to exer- ant-governor shall be vacant, by reason of death, absence, "/governoirfn or otherwise, then the council, or the major part of them, <"*«^'®*<=- 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, by 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, Elections may by this constitution, on the last Wednesday in May annu- unt'u.^et'c'!"^'* ally, by the two houses of the legislatm'e, may not be completed on that day, the said elections may be adjourned
from day to day until the same shall be completed. And guperg*^d'ed°by the order of elections shall be as follows : the vacancies in amendments, the senate, if any, shall first be filled up ; the governor xxv. 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.]
CHAPTER II. Section IV.
Secretary, Treasurer, Co'inmissary, etc.
Article I. [The secretary, treasurer and receiver- secretary, etc., general, and the commissary-general, notaries public, and] ho\7cho8e^n. naval officers, shall be chosen annually, by joint ballot of to^eiection'of *^ the senators and representatives in one room. And, that ^^^erTuIte-^^^' the citizens of this commonwealth may be assured, from ceivergenerai,
.■..,,. and auditor and
time to time, that the moneys remainmg in the public attomeygen- treasury, upon the settlement and li(|uidation of the pub- men'ts, Art.
26
CONSTITUTION OF THE
Treasurer in- eligible for more than five euccesBive years.
Secretary to keep records ; to attend the governor and council, etc.
lie accounts, are their property, no man sliall be eligible a.s treasurer and receivcr-(>;enoral more than five j^ears successively.
For provision as to appointment of notaries public and the commissary-general, see amendments. Art. IV.
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.
CHAPTEE III
Tenure of all commissioned officers to be expressed. Judicial officers to hold office during good behavior, ex- cept, etc. But may be removed on address.
Justices of su- preme judicial court to give opinions when required. 122 Mass. 600. 126 Mass. 557, 561.
Justices of the peace; tenure of their office. 3 Cush. 584.
Provisions for
holding probate
courts.
12 Gray, 147.
JUDICIARY PC WEE,.
Article I. The tenure, that all commission officers shall by law have in their offices, shall be expressed in their respective commissions. All judicial officers, duly appointed, commissioned, and sworn, shall hold their offices dm-ing good behavior, excepting such concerning whom there is different provision made in this constitution : provided, nevertheless, the governor, with consent of the council, may remove them upon the address of both houses of the legislature.
II. Each branch of the legislature, as well as the gov- ernor and council, shall have authority to require the opin- ions of the justices of the supreme judicial court, upon important questions of law, and upon solemn occasions.
III. In order that the people may not suffer from the long continuance in place of any justice of the peace who 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 years from theu" respective dates ; and, upon the expira- tion of any commission, the same may, if necessary, be renewed, or another person appointed, as shall most con- duce to the well-being of the commonwealth.
IV. The judges of probate of wills, and for granting letters of administration, shall hold their comets at such place 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 appointments, the said courts shall be holden at the times and places which the respective judges shall du'cct.
COMMONWEALTH OF MASSACHUSETTS. 27
V. All causes of marriage, divorce, and alimony, and ^ivorc^e^and all appeals from the judges of probate, shall be heard and Qijfg*^"^'^^,. determined by the governor and council, until the legis- visions made
•^ o ^ ^ ^ t-j fjy law,
lature shall, by law, make other provision. 105 Mass. 327.
•^ ^ • 116 Mass. 317.
CHAPTER lY.
DELEGATES TO CONGRESS.
[The deleofates of this commonwealth to the congress of Delegates to
L O • 1 1 c T congress.
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 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 com- missioned, in the same manner, in their stead.]
CHAPTER V.
THE UNIVERSITY AT CAMBRIDGE, AND ENCOURAGEMENT OF LITERATURE, ETC.
Section I.
The University.
Article I. Whereas our wise and pious ancestors, so Harvard early as the year one thousand six hundred and thirty-six, ^°"®s®- laid the foundation of Harvard College, in which univer- sity 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 Avhereas the encourao-ement 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 Powers, prfvi- Harvard College, in their corporate capacity, and thrpresfdent their successors in that capacity, their officers and ser- conVrmeJ.^* vants, shall have, hold, use, exercise, and enjoy, all the powers, authorities, rights, liberties, privileges, immuni- ties, and franchises, which they now have, or are entitled
28
CONSTITUTION OF THE
All gifts, grants, etc conlirmed.
to have, hold, use, exercise, and enjoy; and the same are hereby ratified and confirmed unto them, the said presi- dent and fellows of Harvard College, and to their suc- cessors, 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, here- tofore 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 convey- ances, are hereby forever confirmed unto the president and fellows of Harvard College, and to their successors in the capacity 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 thousand six hundred and forty- two, the governor and deputy-governor, for the time being, and all the magis- trates of that jurisdiction, were, with the president, and a number of the clergy in the said act described, con- stituted the overseers of Harvard College ; and it being necessary, in this new constitution of government to ascertain who shall be deemed successors to the said gov- ernor, deputy-governor, and magistrates ; it is declared, that the governor, lieutenant-governor, council, and sen- ate of this commonwealth, are, and shall be deemed, their successors, who, with the president of Harvard College, for the time being, together with the ministers of the con- gregational churches in the towns of Cambridge, Water- town, Charlestown, Boston, Roxbury, and Dorchester, mentioned in the said act, shall be, and hereby are, vested with all the powers and authority belonging, or in any way appertfiining to the overseers of Harvard College ;
Power of altera- provided, that nothing herein shall bo construed to prc- the"iegi8iature.° vcut thc legislature of this commonwealth from making such alterations in 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 legislature of the late Province of the Massachusetts Bay.
Who Bhall be overseers.
See Statutes,
1851, 224.
1852, 27. 1859. 212. 1865, 173. 1880. 65.
COMMONWEALTH OF MASSACHUSETTS. 29
CHAPTER V. Section H.
27^6 Encouragement of Literature, etc.
Wisdom and knowledge, as well as virtue, diflused gen- Dutyofiegisiat- erally among the body of the people, being necessary for "stmtesln^aif' the preservation of their rights and liberties ; and as these j^^^furtheTpro- depend on spreadino^ the oiDportunities and advantao-es of visions as to
^..i ~. '- >■ , o public schools,
education m the various parts ot the country, and amono- see amend-
. ^ ments Art
the difierent orders of the people, it shall be the duty xviii. of legislatures and magistrates, in all future periods of 503. ^°'^ this commonwealth, to cherish the interests of literature ws Mass. 94,97. and the sciences, and all seminaries of them ; especially the university at Cambridge, public schools and grammar schools in the towns ; to encourage private societies and public institutions, rewards and immunities, for the pro- motion of agricultm^e, 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 fi'ugality, honesty and punctuality in their dealings ; sincerity, good humor, and all social affections, and gen- erous sentiments, among the people.
CHAPTER VI.
OATHS AND SUBSCRIPTIONS ; INCOMPATIBILITY OF AND EXCLU- SION FROM OFFICES; PECUNIARY QUALIFICATIONS; COMMIS- SIONS; WRITS; CONFIRMATION OF LAWS; HABEAS CORPUS; THE ENACTING STYLE; CONTINUANCE OF OFFICERS; PROVI- SION FOR A FUTURE REVISAL OF THE CONSTITUTION, ETC.
Article I. [Any person chosen governor, lieutenant- oaths, etc. 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 reli- Abolished see
' ' ' . , . amendments,
gion, and have a firm persuasion of its truth ; and that I Art. vii. 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 pres-
30
CONSTITUTION OF THE
Declaration and oaths of all officers.
For new oath of allegiance, see amend- ments, Art. VI.
Oath of office.
Proviso. See amendments. Art. VI.
ence of the two houses of assembly ; and the senators and representatives, first elected under this constitution, before the j)resident and five of the council of the former consti- tution ; and forever afterwards before the governor and council for the time being.]
And every person chosen to either of the places or offices aforesaid, as also any person appointed or commis- sioned to any judicial, executive, military, or other office under the government, shall, before he enters on the dis- charge of the business of his place or office, take and sub- scribe the following 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 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 jm-isdiction, superiority, pre- eminence, authority, dispensing or other power, in any matter, civil, ecclesiastical, or spiritual, within this com- monwealth, 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 ac- knowledgment, 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 faithfully 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 commonwealth. So help me, God."
Provided, always, that when any person chosen or ap- pointed as aforesaid, shall be of the denomination of the
COMMONWEALTH OF MASSACHUSETTS. 31
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, [^^Ido swear " " and abjure,'" " oath or" " and abjuration" in the first oath, and in the second oath, the words] ' ' s^vear and" and [in each of them] the words " So help me, God;" subjoining instead thereof, " This I do under the pains and jjenalties oj^ ^jerjuri/."
And the said oaths or affirmations shall be taken and affirmations subscribed by the governor, lieutenant-governor, and coun- how adminia- cillors, before the president of the senate, in 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 consti- tution ; and forever afterwards before the governor and council for the time being ; and by the residue of the officers aforesaid, before such persons and in such manner as from time to time shall be prescribed by the legislature.
H. No governor, lieutenant-governor, or judge of the Plurality of supreme judicial court, shall hold any other office or place, hibited^tcTgov- under the authority of this commonwealth, except such as except.^etc. by this constitution they are admitted to hold, saving that me^n?™Xrt. the judges of the said coiu-t may hold the offices of justices viii. of the peace thi'ough 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 f^fg^'^sll'''* 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, Avhich 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 tlic office of judge of the supreme incompatible judicial com-t — secretary — attorney-general — solicitor- For*'further pro- general — treasurer or receiver-general — judge of probate ^co°mpatlbre
— commissary-general — [president, professor, or instruc- amendments tor of Harvard Collco-e1 — sherifl' — clerk of the house of :^lj-"^iii: '
. -^ i. . ^11 Officers of Har-
representatives — register oi probate — register oi deeds vardCoUege
— clerk of the supreme judicial court — clerk of the infe- amendments, rior court of common pleas — or officer of the customs, ^^•^^^^^'^• including in this description naval officers — shall at the
32
CONSTITUTION OF THE
Incompatible offices.
Bribery, etc., disqualify.
Value of money ascertained.
Property quali- fications may be increased. See amend- ments, Arts. XIII. and XXXIV.
Provisions respecting commissions.
Provisions re- specting writs.
2 Pick. 592.
3 Met. 58. 13 Gray, 74.
Continuation of former laws, except, etc.
1 Mass. 59.
2 Mass. 534.
8 Pick. 309, 316. 16 Pick. 107, 115. 2 Met. 118.
Benefit of habeas corpus secured, except, etc.
same time have a seat in the senate or house of representa- tives ; but their being chosen or appointed to, and accept- ing 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 ofiices or places.
And no person shall ever be admitted to hold a seat in the legislature, or any oiBce of trust or importance under the government of this commonwealth, who shall, in the due course of law, have been convicted of bribery or cor- ruption in obtaining an election or appointment.
III. In all cases where sums of money are mentioned in this constitution, the value thereof shall be computed in silver, at six shillings and eight pence per ounce ; and it shall be in the power of the legislature, from time to time, to increase such qualifications, as to property, of the persons to be elected to offices, as the circumstances of the commonwealth shall require.
IV. All commissions shall be in the name of the Commonwealth 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 WTits, issuing out of the clerk's office in any of the courts of law, shall be in the name of the Common- wealth of Massachusetts ; they shall be under the seal of the court from whence they issue ; they shall bear test of the first justice of the court to which they shall be return- able, who is not a party, and be signed by the clerk of such court.
VI. All the laws Avhich have heretofore been adopted, used, and approved in the Province, Colony, or State of Massachusetts Bay, and usually practised on in the courts of law, shall still remain and be in full force, until altered or repealed by the legislature ; such parts only excepted as are repugnant to the rights and liberties contained in this constitution.
VII. The privilege and benefit of the writ of habeas corpus shall be enjoyed in this commonwealth, in the most free, eas}^ cheap, exj^editious, and ample manner ; and shall not be suspended hy the legislature, except upon the most urgent and pressing occasions, and for a limited time, not exceeding twelve months.
COMMONWEALTH OF MASSACHUSETTS. 33
Vin. The enacting style, in making and passing all Jtjfe!"^'""^ acts, 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, hold- "° * > ® '^• ing commissions under the government and people of Massachusetts Bay in New England, and all other officers
of the said government and people, at the time this con- stitution shall take effect, shall have, hold, use, exercise, and enjoy, all the powers and authority to them gi-anted or committed, until other persons shall be appointed in their stead ; and all com-ts of law shall proceed in the execution of the business of their respective departments ; and all the executive and legislative officers, bodies, and powers shall continue in full force, in the enjoyment and exercise of all their trusts, employments and authority ; until the general coiu't, and the supreme and executive offi- cers under this constitution, are designated and invested with their respective trusts, powers, and authority.
X. [In order the more effectually to adhere to the Provieionfor principles of the constitution, and to correct those viola- stHutionf°° tions which b}^ any means may be made therein, as well provi8i'o^''af to as to form such alterations as from experience shall be g^^am^n^-*^' found necessary, the general court which shall be in the ments, Art. ix. 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 planta- tions, 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- Provision for thirds of the qualified voters throughout the state, who atsTutioir"" shall assemble and vote in consequence of the said pre- cepts, are in favor of such revision or amendment, the general com*t 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.]
34
CONSTITUTION OF THE
pres^e^*ingand ^I- Tliis foriii of government shall be enrolled on
constitution!'''' parchment, 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
commonAvealth, in all futm:'e editions of the said laws.
Bill, etc., not approved within five days, not to become a law, if legislature adjourn in the mean time. 3 Maes. 567. See Const., Ch. I., § 1, Art. II.
General court empowered to charter cities. 122 Mass. 354.
Proviso.
112 Mass. 200.
Qualifications of voters for gov- ernor, lieuten- ant-governor, senators and representatives. See amend- ments. Arts. XXX. and XXXII. 11 Pick. 538, 540. 14 Pick. 341. 14 Mass. 367. 5 Met. 162, 298, 591, 594.
AETICLES OF AMENDMENT.
Article I. If any bill or resolve shall be objected to, and not approved by the governor ; and if the general com't shall adjourn within five days after the same shall have been laid before the governor for his approbation, and thereby prevent his returning it with his objections, as provided by the constitution, such bill or resolve shall not become a law, nor have force as such.
Art. II. The general court shall have full power and authority to erect and constitute municipal or city gov- ernments, in any corporate town or towns in this com- monwealth, and to grant to the inhabitants thereof such poAvers, privileges, and immunities, not repugnant to the constitution, as the general court shall deem necessary or expedient 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 government shall be erected or constituted in any toAvn not containing 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, pursuant to a vote at a meet- ing duly warned and holden for that purpose. And pro- vided, also, that all by-laws, made by such municipal or city government, shall be subject, at all tunes, to be annulled by the general court.
Art. III. Every male citizen of twenty-one years of age and upwards, excepting paupers and persons under guardianship, Avho shall have resided within the common- wealth one year, and within the town or disti'ict in which he may claim a right to vote, six calendar months next preceding any election of governor, lieutenant-governor, senators, or representatives, [and who shall have paid, by himself, or his parent, master, or guardian, an}^ state
COMMONWEALTH OF MASSACHUSETTS. 35
or county tax, which shall, within two 3'ears next preced- i.22Ml8(f^595 ins: such election, have been assessed upon him, in any 597.
^ ,.,',.,, 1.1 11 124 Mass. 596.
town or district 01 tins commonwealth ; and also every For educational citizen who shall be, by law, exempted from taxation, 8ee''amTnd°"' and who shall be, in all other respects, qualified as above FoTpro^isira^' mentioned,] shall have a right to vote in such election of ^ave s^rTedTu ° governor, lieutenant-governor, senators, and representa- the army or
~ ' o in -11 • navy in time
tives ; and no other person shall be entitled to vote m of war, see
, , . amendments,
such election. Arts.xxviii.
See also amendments, Art. XXIII., ■which was annulled by amendments, Art. XXVI.
Art. IV. Notaries public shall be appointed by the Notaries public,
.1 • 1 • • 1 /r> how appointed
governor m tiie same manner as judicial onicers are ap- and removed. pointed, 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.
[In case the office of secretary or treasurer of the com- Vacancies in the
lii 1 11 1 2^ _<• 1 • offices of secre-
mon wealth shall become vacant irom any cause, dm'ing tary and treas- the recess of the general court, the governor, with the Tmsciausf^'^*^' advice and consent of the council, shall nominate and aX^'nd^ent^^ appoint, under such regulations as may be prescribed Art. xvii. by law, a competent 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 geiJ^J^l^may be require the appointment of a commissary-general, he shall appointed, in be nominated, appointed, and commissioned, in such man- ner as the legislature may, by law, prescribe.
All officers commissioned to command in the militia Miutia officers,
, ^ f ly ' 1 i 1 T • how removed.
may be removed ironi office m such manner as the legis- lature may, by law, prescribe.
Art. V. In the elections of captains and subalterns who may vote of the militia, all the members of their respective compa- subafternT.^ ""'^ nies, as well those under as those above the age of twenty- one years, shall have a right to vote.
Art. VI. Instead of the oath of allegiance prescribed ^y'aVoffiVers.^'' by the constitution, the followino- oath shall be taken and %T^rV^^:\ t
1 -T. 1 1 1 • 1 Ch. VI., Art. I.
subscribed by every person chosen or appointed to any office, civil or military, under the government of this commonwealth, 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 Massachu- setts, and will support the constitution thereof. So help me, God."
36 CONSTITUTION OF THP:
Quaker may J^wvided, That when any person shall be of the denomi- afflrm. nation called Quakers, and shall decline taking said oath,
he shall make his affirmation in the foregoing form, omit- ting 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." Tests abolished. Art. VII. No oatli, declaration, or subscription, ex- cepting the oath prescribed in the preceding article, and the oath of office, shall be required of the governor, lieuten- ant-governor, councillors, senators, or representatives, to qualify them to perform the duties of their res[)ective offices, of offlTes"^""^ -^^T. VIII. No judge of any court of this common- 122 Mass. 445, wealth, (cxccpt the court of sessions,) and no person izsMass. 535. holding any office under the authority of the United States, (postmasters excepted,) shall, at the same time, hold the office of governor, lieutenant-governor, or coun- cillor, or have a seat in the senate or house of representa- tives 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, sheriff, treasurer and receiver-general, reg- ister 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 government of this commonwealth, the office of justice of the peace and militia offices excepted. ^M^uuiTion*^ *'' Art. IX. If, at any time hereafter, any specific and how made. particular amendment or amendments to the constitution be proposed in the general court, and agreed to by a ma- jority of the senators and two-thirds of the members of the house of representatives present and voting thereon, such proposed amendment or amendments shall be entered on the journals of the two houses, with the ^^eas 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
COMMONWEALTH OF I^IASSACHUSETTS. 37
amendment or amendments to the people ; and if they shall be approved and ratified by a majority of the quali- fied voters, voting thereon, at meetings legally warned and holden for that purpose, they shall become part of the constitution of this commonwealth.
Art. X, The political year shall begin on the first commencement Wednesday of Januar}^ instead of the last Wednesday of year, May ; and the general court shall assemble every year on the said first Wednesday of January, and shall proceed, at that session, to make all the elections, and do all the other acts, which are by the constitution required to be made and done at the session which has heretofore commenced on the last Wednesday of May. And the general court shall be ^^^^^^^^°''''^■ dissolved on the da}'^ next preceding the first Wednesday of January, without any proclamation or other act of the governor. But nothing herein contained shall prevent the ireneral court from assembling at such other times as they shall judge necessary, or when called together by the governor. The governor, lieutenant-governor and coun- cillors, shall also hold theu* respective offices for one year next following the first Wednesday of January, and until others are chosen and qualified in their stead.
[The meeting for the choice of governor, lieutenant- ^of^e of gov*^^ governor, senators, and representatives, shall be held on emor, lieuten-
1 1 T «- 1 1^' -vr 1 • I- J. ant-governor,
the second Monday oi JNovember in every year; but etc., when to be meetings may be adjourned, if necessary, for the choice Thisciauee of representatives, to the next day, and again to the next ameli'^dmemB'^^ succeeding day, but no further. But in case a second ^r*. xv. meeting shall be necessary for the choice of representa- tives, such meetings shall be held on the fourth Monday of the same month of November.]
All the other provisions of the constitution, respecting the elections and proceedings of the members of the gen- eral court, or of any other officers or persons whatever, that have reference to the last Wednesday of May, as the com- mencement 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 ^'^o\ntr''^° October, next following the day when the same shall be operation. duly ratified and adopted as an amendment of the consti- tution ; and the governor, lieutenant-governor, councillors, senators, representatives, and all other state officers, who are annually chosen, and who shall be chosen for the cur- rent year, when the same shall go into operation, shall hold their respective offices until the first Wednesday of
38
CONSTITUTION OF THE
Inconsistent
provisions
annulled.
Religious freedom established. See Dec. of Rights, Art. III.
122 Mase. 40,41.
Census of rata- ble polls to be taken in 1837, and decennially thereafter. This article was superseded by amendments. Art. XIII., which was also superseded by amendments, Art. XXI. Representa- tives, how apportioned.
January then next following, and until others are chosen and qualified in their .stead, and no longer ; and the first election of the governor, lieutenant-governor, senators, and representatives, to be had in virtue of this article, shall be had conforniably 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, incon- sistent with the provisions herein contained, are hereby wholly annulled.
Art. XL Instead of the third article of the bill of rights, the following modification and amendment thereof is substituted : —
"As the public worship of God and instructions in piety, religion, and morality, promote the happiness and prosperity of a people, and the security of a republican government ; therefore, the several religious societies of this commonwealth, whether corporate or unincorporate, at any meeting legally warned and holden for that pur- pose, shall ever have the right to elect theu* 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 payment of necessary expenses ; and all persons belonging to aii}^ religious 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 thenceforth 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 denomi- nations, demeaning themselves 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 the citizens of this commonwealth, founded upon the principles of equality, a census of the ratable polls, in each city, town, and district of the commonwealth, on the first day of May, shall be taken and returned into the secre- tary's office, in such manner as the legislature shall pro- vide, within the month of May, in the year of our Lord one thousand eight hundred and thirty-seven, and in every tenth year thereafter, in the month of May, in manner aforesaid ; and each town or city having three hundred rata-
COMMONWEALTH OF MASSACHUSETTS. 39
ble polls at the last preceding decennial census of polls, may elect one representative, and for every four hundred and fifty ratable polls in addition to the first thi'eo hun- dred, one representative more.
Any town having less than three hundred ratiible polls Towns having shall be represented thus : The whole number of ratable ratabie'^poiis, polls, at the last preceding decennial census of polls, shall sentelF'^^' be 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.
Any city or town having ratable polls enough to elect feprelented.'"^ 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 hundred and fifty ; and such city or town may elect one additional representa- tive as many years, Avithin the ten years, as four hundred and fifty is contained in the product aforesaid.
Any two or moi'e of the several towns and districts Towns may may, by consent of a majority of the legal voters present sentative dis- 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 rep- resentative district to continue until the next decennial census of polls, for the election of a representative, or rep- resentatives ; 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. The governor within the months of July and August, in the year of our deferm^ne'the Lord one thousand eight hundred and thirty-seven, accord- r"g™ntativerto" ing to the foregoing principles, the number of representa- J^^'n^js^gntitied fives, 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 representative district may elect an additional representative ; and Avhere 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 New apportion-
,1 /., 1 ,1 1 M 1 j_i ment to be made
years, thereaiter, by the governor and council, and the once in every number of ratable polls in each decennial census of polls, ^^^y^**^"- shall determine the number of representatives, which each
40 CONSTITUTION OF THE
city, town and representative district may elect as afore- said ; and when tlie number of representatives to be elected by each city, town, or representative district is ascertained and determined as aforesaid, the governor shall cause the same to bo published forthwith for the information of the people, and that number shall remain fixed and unalterable for the period of ten years. ^ro^e^onr* ^^^ ^^^^ provlsious of the existing constitution incon-
annuiied. sistcut with the provisions herein contained, are hereby
wholly annulled.] habUant°s^o°i)e Art. XIII. [A ccnsus of the inhabitants of each city taken in 1840 j^,^(j towu. On the first dav of May, shall be taken, and
and decennially ' J J ^ '
thereafter, for retumcd luto the Secretary s ornce, on or beiore the last sentation. day of Juuc, of the year one thousand eight hundred and
cenJu8*Buper- ° forty, and of every tenth year thereafter ; which census mentll'A'rte!'"^" ^^^^^^ determine the apportionment of senators and repre- XXI. and XXII. .sentativcs for the term of ten years. 122 Maes. 595.
frlcfs^deciarld The scveral senatorial districts now existing shall be permanent. permanent. The senate shall consist of forty members :
Provisions as to i , i • i i i i i <>
senatore super- and lu the year one thousand eight hundred and lorty,
ments.Art. and cvcry tenth year thereafter, the governor and council
^^^' shall assio;n the number of senators to be chosen in each
district, according to the number of inhabitants in the
same. But, in all cases, at least one senator shall be
assigned to each district.
^ntafiveVZw" The iiiembers of the house of representatives shall be
apportioned. apportioncd in the foUowino; manner : Every town or city
Provisions astoiJ-.. ii-ii-j ^ i
representatives Containing twclvc huiidrcd inhabitants may elect one rep- am^en'dme^nts/ rcsentativc ; and two thousand four hundred inhabitants Art. XXI. .shall be the mean increasing number, which shall entitle
it to an additional representative. Small towns, Evcry towu containino; less than twelve hundred inhab-
now repre- J o
sented, itauts shall be entitled to elect a representative as many
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 com- monwealth shall be settled. Zn^el^o^ Any two or more of the several towns may, by consent
dtstricte*'*"^^ ^^ ^ majority of the legal voters present at a legal meet- ing, in 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 representa- tive district, to continue for the term of ten years ; and
COMMONWEALTH OF MASSACHUSETTS. 41
such district shall have all the rights, in regard to repre- sentation, which would belong to a town containing the same number of inhaHljitants.
The number of inhabitants which shall entitle a town Basis of
, 1 . i i* 1 ii • • representation,
to elect one representative, and the mean increasing num- and ratio of ber which shall entitle a town or city to elect more than "^'"■^****- one, 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 num- bers above mentioned, whenever the population of the commonwealth shall have increased to seven hundred and seventy thousand, and for every additional increase of seventy thousand inhabitants, 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 Jn^dc^lJnciTto council shall, before the first day of September, apportion n^^ber""/^^ the number of representatives which each city, town, and representatives representative district is entitled to elect, and ascertain once in every how many years, within ten years, any town may elect a ^^'^y^'*'^^- representative, which is not entitled to elect one every year ; and the governor shall cause the same to be pub- lished forthwith.
Nine councillors shall be annually chosen from among councillors to the people at large, on the first Wednesday of January, the^propte It"^ or as soon thereafter as may be, by the joint ballot of the prfvisions as to senators and representatives, assembled in one room, who gupergededbv shall, as soon as may be, in like manner, fill up any vacan- ^lendments, cies that may happen in the council, by death, resignation, or otherwise. No person shall be elected a councillor, who Qualifications 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 quaimclftion'for be required as a qualification for holdins: a seat in either a seat in general
1 i . , ® . ., court or council
branch oi the general court, or in the executive council, not required.
Art. XIV. In all elections of civil officers by the Elections by the people of this commonwealth, whose election is provided piu^aWyof^*^^ for by the constitution, the person having the highest num- ^°*^* ber of votes shall be deemed and declared to be elected.
Art. XV. The meeting for the choice of governor. Time of annual lieutenant-governor, senators, and representatives, shall emor and legis. be held on the Tuesday next after the first Monday in November, annually ; but in case of a failure to elect rep-
42 CONSTITUTION OF TIIK
resentatives on that day, a second meeting shall be holden, for that jiurpose, on the fourth Monday of the same montli of November. Eight council- ^j^rp XVI. Eio-ht conneiHors shall be annually ehosen
lors to be chosen . pi- i-^ i
by the people, bv the inhabitants oi this commonwealth, qualmed to vote
12'^ MasB 595 *^
598. ' ' for governor. The election of councillors shall be deter- mined 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 ses- sion after the next state census shall have been taken, and at its first session after each decennial state census
Legislature to thercafterwards, shall divide the commonwealth into eight
distnct state. , . . „ . . , . . ,
districts or contiguous territory, each containing a number of inhabitants as nearly equal as practicable, without divid- ing any town or Avard of a city, and each entitled to elect one councillor : provided, hoivever, that if, at an}^ time, the constitution shall provide for the division of the common- wealth 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 thne, established by the legis-
diftned."^ latiire. No person shall be eligible to the office of coun- cillor who has not been an inhabitant of the commonwealth for the term of five years immediately preceding his elec-
Dayandman- ^jy,^ 'j'j^g (j^y ^^^^ manner of thc election, the return of
ner of election, .- ^ i • i i • in
etc. the votes, and the declaration of the said elections, shall
be the same as are required in the election of governor.
fiued""^'' ^"^ [Whenever there shall be a failure to elect the full num-
Fornewpro- jh>gj. ^f couucillors, tlic vacauclcs shall be filled in the same
vision as to . • i j? £ii- • • a1 *.
vacancies, see manner as IS required for filling vacancies in tne senate ;
amendments, , . ^ . -> ^ -i t\ ir? j.ij.j.
Art. XXV. and vacancies occasioned by death, removal from the state,
or otherwise, shall be filled in like manner, as soon as may
Organization of \)^^ after such vacaucics shall have ha]:)pened.l And that
the government. ' i i • ^i • /• x* xu
there may be no delay in the organization of the govern- ment on the first Wednesdaj' of flanuarv, 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 coun- cillors ; and ten days before the said first Wednesday in Januar}^ he shall issue his summons to such persons as appear to be chosen, to attend on that day to be (j^ualified accordingly ; and the secretary shall lay the returns before the senate and house of representatives on the said first AYediiesday in January, to be by them examined ; and in case of the election of citlicr of said officers, the choice
COMMONWEALTH OF MASSACHUSETTS. 43
shall be by them declared and published ; but in case there shall be no election of either of said officers, the legislat- ure shall proceed to fill such vacancies in the manner pro- vided in the constitution for the choice of such officers.
Art. XVII. The secretarj^ treasurer and receiver- Election of general, auditor, and attorney-general, shall be chosen urerfauditor,^^' annually, on the day in November prescribed for the genera?by\he choice of governor ; and each person then chosen as such, people. duly qualified in other respects, shall hold his office for the term of one year from the third Wednesday in Jan- uary next thereafter, and until another is chosen and qualified in his stead. The 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 vacancies, how
, . " . filled.
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 Januar}^ next thereafter, from the two persons who had the highest number of votes for said offices on the day in November aforesaid, 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 va- cant, from any cause, dm"ing an annual or special session of the general court, such vacancy shall in like manner be filled by choice from the people at large ; but if such vacancy shall occiu" 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 office until his successor is chosen and duly qualified in his stead. In case any person chosen or appointed to either of the To qualify offices aforesaid, shall neglect, for the space of ten days Tther'^vif^oftke after he could otherwise enter upon his duties, to qualif}^ vacant ^^'"^'^ 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 Qualification either of said offices unless he shall have been an inhabi- "'^'^*^**®* tant of this commonAvealth five years next preceding his election or appointment.
Art. XVIII. All moneys raised by taxation in the school moneys towns and cities for the support of public schools, and pHed'fo? seJta- all moneys which may be appropriated by the state for Fo?orig?niT the support of common schools, shall be applied to, and provision as to
44
CONSTITUTION OF THE
schools, see constitution, Part First, Art.
m.
12 Allen, 500,
508.
103 Mass. 94, 96.
Legislature to prescribe for the election of sheriffs, regis- ters of probate, etc. See amendments. Art. XXXVI. 8 Gray, 1. 13 Gray, 74.
Reading consti- tution in English and writing, neces- sary qualifica- tions of voters. Proviso. For other quali- fications, see amendments. Art. III. See also amend- ments. Art. XXIII., which was annulled by amendments. Art. XXVI.
Census of legal voters and of inhabitants, when taken, etc. See P. 8. c. 31.
House of repre- sentatives to consist of 240 members. Legislature to apportion, etc. 10 Gray, 613.
expended in, no other schools than those which are con- ducted according to laAV, under the order and superintend- ence 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-attorne3^s shall be chosen by the people of the several districts, for such term of office as the legislature shall prescribe.
110 Mass. 1V2, 173. 117 Mass . 602, 603. 121 Mass. 65.
Art. XX. No person shall have the right to vote, or be eligible to office under the constitution of this common- wealth, who shall not be able to read the constitution in the English language, and write his name : provided, how- ever, that the provisions of this amendment shall not apply to any person prevented by a physical disability from com- plying with its requisitions, nor to any person who now has the right to vote, nor to any persons who shall be sixty years of age or upwards at the time this amendment shall take effect.
Art. XXI. A census of the legal voters of each city and town, on the first day of May, shall be taken and returned into the office of the secretary of the common- wealth, 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 enumer- ation 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 determine the apportionment of representatives for the periods between the taking of the census.
The house of representatives shall consist of two hun- dred and forty members, which shall be apportioned by the legislature, at its first session after the return of each enumeration as aforesaid, to the several counties of the commonwealth, 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 pur-
COMMONWEALTH OF MASSACHUSETTS. 45
pose, as well as in the formation of districts, as hereinafter provided, be considered a part of the county of Plymouth ; and it shall be the duty of the secretary of the common- Secretary shaii wealth, to certify, as soon as may be after it is determined cers' authorized by the legislature, the number of representatives to which counties! 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 Sufiblk, — 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 law, — shall, on the first Tuesday of August next after each Meeting for assignment of representatives to each county, assemble at firltTuesday a shire town of their respective counties, and proceed, as pr^eldilgs. soon as may be, to divide the same into representative districts of contiguous territory, so as to apportion the representation 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 entitled to elect more than three representatives. Every representative, for one year at least next preceding Quaiiflcationsof his election, shall have been an inhabitant of the district i22MasB!'595f^' 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 Districts to be numbered by the board creating the same, and a descrip- des^ribTd 'and tion of each, with the numbers thereof and the number ''®''*'^®*^- of legal voters therein, shall be returned by the board, to the secretary of the commonwealth, 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 callins: and conducting the meetings for the choice of representatives, and of ascertaining their election, shall be prescribed by law. [Not less than one Quorum, see hundred members of the house of representatives shall Art^.'xxxm. constitute a quorum for doing business ; but a less num- ber 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 Census, etc. and town, on the first day of May, shall be taken and
46
CONSTITUTION OF THE
Voters to be basis of appor- tionment of senators.
Senate to con- sist of forty members.
Senatorial districts, etc.
See amend- ments, Art. XXIV.
Qualifications of senators.
Quorum, see amendments. Art. XXXUI.
Residence of two years re- quired of natu- ralized citizens, to entitle to suf- frage or make eligible to office. This article annulled by Art. XXVI.
Vacancies in the senate.
returned into the office of the secretary of the common- wealth, 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 enu- meration 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 enumei^tion aforesaid shall determine the apportion- ment 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 pre- ceding special enumeration, divide the commonwealth into forty districts of adjacent territory, each district to contain, as nearly as may be, an equal number of legal voters, ac- cording to the enumeration aforesaid : provided, however, that no town or ward of a city shall be 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 shall elect one senator, who shall have been an inhabitant of this com- monwealth five years at least immediately preceding his election, and at the time of his election shall be an inhab- itant 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 less than sixteen senators shall constitute a quorum for doing business ; but a less number may organize temporarily, adjourn from daj'^ to day, and compel the attendance of absent members.]
Art. XXIII. [No person of foreign birth shall be en- titled 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 otherwise qualified, according to the constitution and laws of this commonAvealth : provided, that this amend- ment shall not affect the rights which any person of foreign birth j)ossessed 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 by election by the people of the unrepresented district, upon the order of a majority of the senators elected.
C^OMMON WEALTH OF MASSACHUSETTS. 47
Art. XXV. In case of a vacancy in the council, from va^nciesinthe a failure of election, or other cause, the senate and house of representatives 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 happen 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 Twenty-turd of amendment of the constitution of this commonwealth, amendments which is as follows, to wit: " No person of foreign birth '^^^'^'^i^'i- 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 otherwise qualified, according to the constitution and laws of this commonwealth : provided, that this amend- ment shall not 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 tem- porary absence of the parent therefrom," is hereby wholly annulled.
Art. XXVII. So much of article two of chapter six Provisions of
.1 .. /.I. 1,1 ij.i Art. II., Chap.
of the constitution of this commonwealth as relates to per- vi., relating to sons holding the office of president, professor, or instructor vardTcoiieget of Harvard College, is hereby annulled. ^°^""^''-
Art. XXVIII. No person having served in the army superseded by
-7 . f, 11' Art. AJLA.1.
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 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 Voting pre-
o . /. 1 X cinots in towns.
and authority to provide for the inhabitants of the towns in this commonwealth more than one place of public meet- ing within the limits of each town for the election of officers under the constitution, and to prescribe the manner of call- ing, holding and conducting such meetings. All the pro- visions of the existing constitution inconsistent with the provisions herein contained are hereby annulled.
Art. XXX. No person, otherwise qualified to vote in voters not dis. elections for governor, lieutenant-governor, senators, and ?"a*in^of ^ representatives, shall, by reason of a change of residence dencfuntiiMx witliin the commonwealth, be disqualified from voting for t^°f^fVem^^ai. said officers in the citv or town from which he has removed
48
CONSTITUTION OF THE
Amendments, Art. XXVUl. amended.
Person who served in army or navy, etc., not disqualified from voting for non-payment of poll tax.
Provisions of amendments, Art. III., rela- tive to payment of a tax as a voting qualifica- tion, annulled.
Quorum, in each branch of the general court, to consist of a majority of members.
Provisions of Art. II., § I., Chap. II., Part II., relative to property quali- fication of governor, annulled.
Provisions of Art. II., §111., Chap. I., rela- tive to expense of travelling to the general assembly by members of the house, annulled.
his residence, until the expiration of six calendar months from the time of such removal.
Art. XXXI. Article twent3^-eight of the amendments of the constitution is hereby amended b}'^ 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 town, — 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 person having served in the army or navy of the United States in time of war, and having been hon- orably discharged from such service, if otherwise qualified to vote, shall be disqualified therefor on account of receiv- ing or having received aid from any city or town, or be- cause of the non-payment of a poll tax.
Art. XXXII. So much of article three of the amend- ments of the constitution of the commonwealth as is con- tained in the following words : " and who shall have paid, by himself, or his parent, master, or guardian, any state or county tax, which shall, within two years next preceding .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 who shall be, in all other respects, qualified as above men- tioned ", is hereby annulled.
Art. XXXIII. A majority of the members of each branch of the general court shall constitute a quorum for the transaction of business, but a less number may adjourn from day to day, and compel the attendance of absent members. All the provisions of the existing constitu- tion inconsistent with the provisions herein contained are hereby annulled.
Art. XXXIV. So much of article two of section one of chapter two of part the second of the constitution of the commonwealth as is contained in the following Avords : "and unless he shall at the same time be seised, in his 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 chapter one of the constitution of the commonwealth as is contained in the following words : " The expenses of travelling to the general assembl}^ and returning home, once in every session, and no more, shall be paid by the government, out of the public treasury, to every mem- ber who shall attend as seasonably as he can, in the judg-
COMMONWEALTH OF MASSACHUSETTS. 49
merit of the house, and does not depart without leave", is hereby annulled.
Art. XXXVI. So much of article nineteen of the articles of amendment to the constitution of the common- wealth as is contained in the following words : " conmiis- sioners of insolvency", is hereby annulled.
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 meet on the first "Wechiesday 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. \\'Tien the convention assembled, it was foimd that the constitution had been adopted by the requisite number of votes, and the conven- tion accordingly Resolved, ' ' That the said Constitution or Frame of Government shall take jjlace on the last Wednesday of October next ; and not before, for any purpose, save only for that of making elec- tions, agreeable to this resolution." The first legislature assembled at Boston, on the twenty-fifth day of October, 1780.
The first nine Articles of Amendment were submitted, by delegates in convention assembled, November 15, 1820, to the people, and by them ratified and adopted April 9, 1821.
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 politi- cal years 1832 and 1833, respectively, and was ajjproved and ratified by the people November 11, 1833.
The twelfth Article was adoj^ted by the legislatures of the political years 1835 and 1836, respectively, and was approved and ratified by the people the fourteenth day of November, 1836.
The thirteenth Article was adoj^ted by the legislatures of the politi- cal years 1839 and 1840, respectively, and was ajiproved and ratified by the people the sixth day of April, 1840.
The fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, and nineteenth Articles were adopted by the legislatures of the political years 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.
50 CONSTITUTION OF MASSACHUSETTS.
The twenty-third Article was adopted l)y the legislatures of the political years 1858 and 1859, respectively, and ratified by the people on the ninth day of May, 1859, and Avas repealed l)y the twentj^ -sixth Amendment.
Tlie twenty-fourth and twenty-fifth Articles were adopted by the legislatures of the political years 1859 and 1860, and ratified by the 2)eople on the seventh day of May, 1860.
The twenty-sixth Article was adopted by the legislatures of the political years 1862 and 1863, and ratified by the people on the sixth day of April, 1863.
The twenty-seventh Article was adopted by the legislatures of the political years 1876 and 1877, and was approved and ratified bv 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 a^jproved and ratified by the peojjle on the eighth day of November, 1881.
The twenty-ninth Article was adopted by the legislatures of the political years 1884 and 1885, and was apjjroved and ratified Ijy the people ou 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 years 1892 and 1893, and was approved and ratified hj 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.
[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 by the legislatures of the political years 1895 and 18!)(;, were rejected by the people at the annual election held on tJie third day of November, 1896.]
INDEX TO THE CONSTITUTION.
A.
Page Address of both houses of the legislature, judicial officers may be
removed by governor with consent of council upon, . 26
Adjutant-general, appointed by the governor, .... 22 Adjutants, to be appointed by commanding oificers of regiments, . 22 Affirmations, instead of the required oaths, may be made by
Quakers, 30,31,36
Agriculture, arts, commerce, etc., to be encouraged, ... 29
Alimony, divorce, etc., 27
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 ; en- tered 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 con- stitution, 36,37
Apportionment of councillors, 24,41,42
state to be divided into eight districts, ... . . 42
Apportionment of senators, 13, 40, 46
on basis of legal voters, and state to be divided into forty
districts, 46
Apportionment of representatives, 16,39,40,44
to the several counties, made on the basis of legal voters, . 44 Armies, dangerous to liberty, and not to be maintained without
consent of the legislature, ....... 8
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 attend- ing the general assembly, 18
Arrest, search and seizure, right of, regulated, .... 7
warrant to contain special designation, 7
Attorney-general, to be chosen by the people annually in Novem- ber, 21,43
to hold office for one year from third Wednesday in January
next thereafter, and until another is chosen and qualitied, 43 election determined by legislature, ... ... 43
in failure of election by the voters, or in case of decease of person elected, vacancy to be filled by joint ballot of legis- lature from the two persons having the highest number of votes at November election, 43
51
52 INDEX TO THE CONSTITUTION.
Page
Attorney-general, vacancy occurring during session of the legislat- ure, lilled by joint l^allot of legislature from the people at large, 43
vacancy occurring during recess of legislature, filled by gov- ernor by appointment, with consent of council, . . 43
not eligible, unless an inhabitant of the state for five years
next preceding election or appointment, .... 43
office to be deemed vacant if person elected or appointed fails
to be qualified within ten days, 43
Attorneys, district, elected by the people of the several districts, . 44 Auditor, to be chosen by the people annually in November, . . 43
to hold office for one year from third Wednesday in January
next thereafter, and until another is chosen and qualified, 43
election determined by legislature, 43
vacancy filled in same manner as in office of attorney-general, 43
not eligible, unless an inhabitant of the state for five years
next preceding election, ....... 43
office to be deemed vacant if person elected or appointed fails
to be qualified within ten days, 43
B.
Bail or sureties, excessive, not to be required, .... 9
Bills, money, to originate in the house of representatives, . . 17
Bills and resolves, to be laid before governor lor revisal, . . 10
to have force of law if signed by governor, .... 10
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, .......... 10
if not returned by governor within five days after presenta- tion, to have force of law, unless the legislature adjourns
before that time expires, 11,34
Boards, public, to make quarterly reports to the governor, . . 22 Body politic, formation and nature of, ..... . 3
title of : The Commonwealth of Massachusetts, ... 10 Bribery or corruption used in procuring an appointment or elec- tion, to disqualify from holding any office of trust, etc., . 32
c.
Census of ratable polls, 38
of inhabitants, 40, 44, 45
of inhabitants and legal voters taken in the year 1865, and
every tenth year thereafter, 44, 46
enumeration of voters to determine the apportionment of
representatives, ......... 44
INDEX TO THE CONSTITUTION. 53
Page Cities, may be chartered by the general court, if containing twelve thousand inhabitants and consented to by a majority thereof, .......... 34
Civil officers, meeting for election to be held annually on the Tues- day next after the first Monday in November, ... 41 whose election is provided for by the constitution to be
elected by a plurality of votes, ...... 41
Clerks of courts, elected by the people of the several counties, . 44 Clerks of towns, to make records and returns of elections, . . 13 Colonial laws, not repugnant to the constitution, continued in
force, 32
Commander-in-chief, governor to be, ...... 20
Commerce, agriculture and the arts, to be encouraged, ... 29 Commissary-general, appointed and commissioned as fixed by law, 25, 35 Commission officers, tenure of office to be expressed in commissions, 26 Commissioners of insolvency, elected by the people of the several
counties ; annulled, 44, 49
Commissions, to be in the name of the commonwealth, signed by governor, attested by the secretary, and have the great seal affixed, ......... 32
Congress, delegates to, 27
members of, may not hold certain state offices, ... 36 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 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 eftect, it shall be submitted to the peojjle, and, if approved by them by a majority vote, becomes a part of the constitution, . 36, 37
Constitution, provisions for revising, 33, 36
to be enrolled on parchment, deposited in secretary's office,
and printed in all editions of the laws, .... 34
Coroners, 21
Corruption or bribery used in procuring any appointment or elec- tion, to disqualify from holding any office of trust, etc., . 32 Council, five members to constitute a quorum, .... 24
eight councillors to be elected annually, 24, 42
election to be determined by rule required in that of gov- ernor, . 42
to take oath of office before the president of the senate in
presence of both houses of assembly, .... 29 to rank next after the lieutenant-governor, .... 25 resolutions and advice to be recorded in a register, and signed
by the members present, 25
register of council may be called for by either house, . . 25 to exercise the power of governor when office of governor
and lieutenant-governor is vacant, 25
54
INDEX TO THE CONSTITUTION.
Council, no property qualification required,
eight districts to be formed, each composed of five contiguous
senatorial districts,
eligible to election if an inhabitant of state for five 3'ears pre- ceding election, .........
temi of office,
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,
Coiirt, superior, judges not to hold certain other offices. Court, supreme judicial, jvidges to have honorable salaries fixed by standing laws, and to hold office during good be- havior, ..........
judges not to hold certain other offices, . . . . .
to give opinions upon important questions of law, etc., Avhen required by either branch of the legislature or by the
governor and council,
Courts, clerks of, elected by the people of the several counties.
Courts, probate, provisions for holding,
registers elected by the people of the several counties, . Courts and judicatories may be established by the general court,
may administer oaths or affirmations, .... Crimes and ofi^ences, prosecutions for, regulated, . Crimes to be proved in the vicinity of where they happen, .
P.age 41
42
42 37
47 36
9,23 36
26 44 26 44 11 11 7 7
D.
Debate, freedom of, in the legislature, 8
Declaration of the rights of the inhabitants, ..... 4 Declaration and oaths of officers ; tests abolished, . . .29, 35, 36
Delegates to congress, 27
Departments, legislative, executive and judicial, to be kept separate, 9
District attorneys, elected by the people of the several districts, . 44 Districts, councillor, eight, each to be composed of five contiguous
senatorial districts, ........ 42
Districts, senatorial, forty, to be of adjacent territory, and to con- tain as near as may be an equal number of voters, . . 46 Districts, representative, to be established by commissioners in the
several counties, 39,45
Divorce, alimony, etc., 27
E.
Educational interests to be cherished, 29
Elections ought to be free, 6
Elections, by the people, of civil officers provided for by the consti- tution, to be by plurality of votes, 41
INDEX TO THE CONSTITUTION. 55
Page Election of civil officers, meeting to be held annually on the first
Tuesday next after the first Monday in November, . . 41 in case of failure to elect representative, meeting to be held
on fourth Monday in November, 41, 42
Election returns, 13,42
Enacting style of laws, established, 33
Equality and natural rights of all men , 4
Estates, valuation to be taken anew once at least every ten years, 12 Executive department, notto exercise legislative or judiciafpowers, 9
^xpos</«c('o laws, declared imjust and opiiressive, ... 9
F.
Felony and treason, no subject to be declared guilty of, by the legis- latiire,
Fines, excessive, not to be imposed, ....
Frame of government, ......... 10
Freedom of speech and debate in the legislatvire, .
Freehold, possession of, not required as qualification for seat in the
general court or council, ...... 41
possession of, by governor, provision requiring, annulled, • 48
Fundamental principles of the constitution, a freqvient recurrence
to, recommended, ....... 8
G.
General court, to assemble frequently for redress of grievances, and
for making laws, 8
freedom of speech and debate in, ..... . 8
not to declare any subject to be guilty of treason or felony, . 9
formed by two branches, a senate and house of representa- tives, each having a negative on the other, ... 10 to assemble every year on the first Wednesday of January, at such other times as they shall judge necessary, and when- ever called by the governor with the advice of council, 10, 19, 37 may constitute and erect judicatories and courts, ... 11 may make wholesome and reasonable laws, and ordinances not
repugnant to the constitution, ...... 11
may provide for the election or appointment of ofiicers, and
prescribe their duties, 11
may impose taxes, etc., to be used for the public service, . 12 to be dissolved on the day next preceding the first Wednes- day of January, . 20,37
travelling expenses of members ; provision annulled, . . 16,48 may be adjourned or prorogued, upon its request, by the gov- ernor with advice of council, 19
session may be directed by governor, with advice of council, to be held in other than the usual place in case of an infectious distemper prevailing, 19, 20"
5() INDEX TO THE CONSTITUTION.
rage General court, judicial officers may be removed upon address of, . 26 person convicted of bribery, not to hold seat in, . . . 32 may increase property qualifications of persons to be elected
to office 32
certain officers not to have seats in, 31
may be j^rorogued by governor and council for ninety days, if
houses disagree, etc., 20
to elect major-generals by concurrent vote, .... 21
empowered to charter cities, ....... 34
to determine election of governor, lieutenant-governor and
councillors,. ......... 41,42
to prescribe by law for election of sheriffs, registers of pro- bate and commissioners of insolvency by the people of the counties, and district attorneys by the people of the
districts, 44
quorum, to consist of a majority of members, .... 48
Government, objects of, . . . . . . . . . 3, 5, 6
Government by the people, as a free, sovereign and independent
state, ........... 5
Governor, the supreme executive magistrate, styled, — The Gov- ernor of the Commonwealth of Massachusetts ; with the title of, — His Excellency ; elected annually, ... 18 qualifications, ......... 18, 36, 48
term of office, .......... 37
should have an honorable stated salary, 23
the commander-in-chief, of the army and navy, but may not
oblige them to go out of the limits of the state, . . 20, 21 to appoint the adjutant- general, . . . • # • 22
may call together the councillors at any time, .... 19
not to hold certain other offices, 31
to take oaths of office before president of the senate in pres- ence of the two houses of assembly, 31
to sign all commissions, 32
election determined by the legislature, 42, 43
veto power, 10
vacancy in office of, powers to be exercised by the lieutenant- governor, .......... 24
vacancy in office of governor and lieutenant-governor, powers
to be exercised by the council, 25
with advice of council, may adjourn or prorogue the legislat- ure upon rec^uest, and convene the same, .... 19 may adjourn or prorogue the legislature for not exceeding ninety days when houses disagree, or may direct session to be held in other than the usual place in case of an in- fectious distemper prevailing, . .... 19 to appoint all judicial officers, notaries public and coroners ; nominations to be made at least seven days before ap- pointment, 21, 35
INDEX TO THE CONSTTrUTION. 57
Page Governor, to appoint officers of the continental army, ... 22 may jjardon offences, but not before conviction, ... 21 may fill vacancy in council occurring when legislature is not
in session, 47
with consent of council, may remove judicial officers, upon
the address of both houses of the legislature, ... 26 Governor and council, to examine election returns, . . .14, 42 may punish persons guilty of disrespect, etc., by imprison- ment not exceeding thirty days, 17, 18
quorum to consist of governor and at least five members of
the council, 19
may require the attendance of the secretary of the common- wealth in person or by deputy, 26
H.
Habeas corpus, privilege of writ to be enjoyed in the most ample manner, and not to be susjjended by legislature except
upon most virgent occasions, 32
Harvard College, powers and privileges, gifts, grants and convey- ances confirmed, 27, 28
board of overseers established, but the government of the
college may be altered by legislature, .... 28
officers may be elected members of the general court, . . 47
Hereditary oflices and privileges, absurd and unnatural, . .5,6
House of representatives, members may be instructed by the people, 8
a representation of the people annually elected and founded
upon the princijile of equality, 16
may impose fines upon towns not choosing members, . . 16 expense of travel once every session each way, to be paid by
the government ; jDrovision annulled, . . . 16, 48
to enter objections made by governor to a bill or resolve at
large upon records, 10
qualifications of members, 17,41,45
must be an inhabitant of district for one year preceding elec- tion, and shall cease to be a member when ceasing to be an inhabitant of the state, ....... 45
members not to be arrested on mesne process during going
to, return from, or attending the general assembly, . . 18 the grand inquest of the commonwealth, ..... 17
to originate all money bills, but the senate may propose or
concur with amendments, ....... 17
not to adjourn more than two days at a time, .... 17
quorum of, 17,45,48
to choose officers, establish its rules, etc., 17
may punish by imprisonment, not exceeding thirty days, per- sons guilty of disrespect, etc. ; trial may be by committee, 17, 18
58 INDEX TO THE CONSTITUTION.
Pape House of representatives, privileges of members, .... 18
may require the attentlance of secretary of tlie commonwealtli
in person or by deputy, 26
may require tlie opinions of the justices of the supreme judi- cial court upon important questions of law, and upon solemn occasions, 26
meeting for election to be held on the Tuesday next after the
first Monday of November, 41
in case of failure to elect, meeting to be held on the fourth
Monday of November, 41, 42
to consist of two hundred and forty members, apportioned to the several counties equally, according to relative num- ber of legal voters, 44
commissioners to divide counties into representative districts of contiguous territory, but no town or ward of a city to be divided, 45
no district entitled to elect more than three representatives, . 45
board authorized to divide county into districts, to be certi- fied to by the secretary, the number of representatives to which the county is entitled, 45
I.
Impeachments, by the house of representatives, to be tried by the senate ; limitation of sentence ; party convicted liable to
indictment, 15, 16
Incompatible offices, 31,36
" Inhabitant,'' the word defined, 13
Inhabitants, census to be taken in 1865, and every tenth year there- after 38,40,44,45
Insolvency, commissioners of, elected by the people of the several
counties ; annulled, 44, 49
Instruction of representatives, 8
J.
Judges of courts may not hold certain other offices, . . .31,36 Judges of the supreme judicial court, to hold ofiice during good behavior, and to have honorable salaries established by
standing laws, 9,23,26
to give opinions upon important questions of law, etc., when recjuired by the governor and council, or either branch of
legislature, 26
not to hold certain other offices, 31
Judicatories and courts, may be established by the general court, . 11
may administer oaths or affirmations, 11
Judicial department, not to exercise legislative or executive powers, 9
INDEX TO THE CONSTITUTION. 59
Page •Judicial officers, appointed by the governor with consent of coun- cil ; nominations to be made seven days prior to appoint- ment, 21
to hold office during good behavior, except w^hen otherwise
jjrovided by the constitution, 26
may be removed from office by the governor, upon the address
of both houses of the legislature, 26
Jury, trial b}, right secured, . 7
Justices of the peace, commissions to expire in seven years from
date of appointment, but may be renewed, ... 26
L.
Law-martial, only those employed in the army and navy, and the militia in actual service, subject to, except by authority of the legislature, ........ 9
Laws, every person to have remedy in, for injury to person or
projjerty, .......... 6
power of suspension or execution of, only in the legislature, . 8
ex j)ost facto, prohibited as unjust and inconsistent with free
government, ......... 9
of province, colony and state, not repugnant to the constitu- tion, continued in force, 32
Legislative power, 9
Legislative department, not to exercise executive or judicial powers, 9
Legislature (see General Court).
Liberty of the press, essential to the secui'ity of freedom, . . 8 Lieutenant-governor, to be annually elected in November, — title of. His Honor ; who shall be qualified same as gov- ernor, 23,37,41,48
in the absence of governor, to be president of the council, . 24 to be acting governor Avhen the chair of the governor is ' vacant, .......... 24
to take oath of office before president of the senate in pres- ence of both houses, ........ 31
not to hold certain other offices, .31
term of office, 37
Literature and the sciences to be encouraged, .... 29
M.
Magistrates and officers, accountable to the people, ... 5
Magistrates and courts, not to demand excessive bail, impose ex- cessive fines, or inflict cruel punishments, ... 9
Major-generals, elected by senate and house of representatives by
concurrent vote, 21
may appoint their aids, 22
Marriage, divorce and alimony, 27
60 INDEX TO THE CONSTITUTION.
Page Martial law, only those employed in the army and navy, and the militia in actual service, subject to, except by authority
of legislatui-e, 9
Military power, subordinate to civil authority, .... 8 Militia, not to be obliged by commander-in-chief to march out of
the limits of the state, 21
captains and subalterns, elected by the train-bands, . . 21, 35
all members of companies may vote, including minors, . . 35
field officers, elected by captains and subalterns, . . . 21
brigadiers, elected by field officers, 21
major-generals, elected by senate and house of representatives
l)y concurrent vote, 21
mode of election of officers to be fixed by standing laws, . 21 if electors refuse to elect, governor with advice of council
may appoint officers, ........ 22
officers commissioned to command may be removed as may
be prescribed by law, 22, 35
appointment of staff officers, ....... 22
organization ; divisions, brigades, regiments and companies, . 22
Money, issued from treasury by warrant of governor, etc., . . 22 mentioned in the constitution, to be computed in silver at six
shillings and eight pence per ounce, ..... 32
Money bills, to originate in house of representatives, ... 17 Moneys, raised or appropriated for public or common schools, not
to be applied for support of sectarian schools, ... 43
Moral obligations of lawgivers and magistrates, .... 8
Moral qualifications for office, 8
Notaries public, to be appointed by governor with advice of council, 25, 35 may be removed by governor with advice of council, upon
address of both houses, 35
o.
Oaths and affirmations, may be administered by courts and judica- tories, 11
how and by whom taken and subscribed, . . 29, 30, 31, 35
forms of, 29, 30, 35
30,36
35
3,6
7
32
6
Quakers may affirm, .......
to be taken by all civil and military officers, .
Objects of government,
Offences and crimes, prosecutions for, regulated, .
Office of trust, person convicted of bribery, etc., not to hold.
Office, rotation in, right secured,
all persons having the prescribed qualifications equally eli gible to,
INDEX TO THE CONSTITUTION. 61
Page Office, no person eligible to, unless they can read and write, . 44 Officers, civil, legislature may provide for the naming and settling
of, 11
Officers, commission, tenure of office to be expressed in commis- sions, . 26
Officers, judicial, to hold office during good behavior, except, etc., 26 may be removed by governor, with consent of council, upon
the address of both houses of the legislature, ... 26 Officers of former government, continued, ..... 33 Officers of the militia, election and appointment of, . . . 21
removal of, 22, 35
Officers and magistrates, accountable to the people, ... 5
Offices, plurality of, prohibited to governor, lieutenant-governor
and judges, 31,36
incompatible, 31,32,36
Organization of the militia, 22
P.
Pardon of offences, governor with advice of council may grant, but
not before conviction, 21
People, to have the sole right to govern themselves as a free, sover- eign and independent state, 6
have a right to keep and to bear arms for the public defence, 8
have a right to assemble to consult upon the common good, to
instruct their representatives, and to petition legislature, 8
Person and property, remedy for injuries to, should be in the laws, 6
Petition, right of, 8
Plantations, unincorijorated, tax-paying inhabitants may vote for
counc-illors and senators,
Plurality of offices,
of votes, election of civil officers by. Political year, begins on the first Wednesday of January,
Polls, ratable, census of,
Preamble to constitution,
Press, liberty of, essential to the security of freedom, Private property taken for public uses, compensation to be
for,
Probate courts, provisions for holding, .... registers, elected by the people of the several counties, judges may not hold certain other offices. Property qualification, may l)e increased by the legislature,
partially abolished,
of governor, annulled,
Prosecutions for crimes and offences regulated.
Provincial laws, not repugnant to the constitution, continued in
force, 32
made
6
26 21,44 36 32 41 48 7
62 INDEX TO THE CONSTITUTION
Public boards and certain officers to make quarterly reports to the
governor, .......... 22
Public officers, right of i)eople to secure rotation, .... 6 all persons having the prescribed qualifications equally eli- gible, . 6
Public notary (see Notary public).
Public religious worshij), right and duty of, 4
Punishments, cruel and unusual, not to be inflicted, ... 9
Q.
Quakers, may make affirmation, ....... 30, 36
Qualification of persons to be elected to ofiice may be increased by
the legislature, ......... 32
Qualification, property, of governor, abolished, .... 48
Qualification, property, partially abolished 41
Qualifications, of a voter, ..'... 13, 17, 34, 44, 46, 47, 48
of governor,
of lieutenant-governor,
of councillors, .
of senators,
of representatives.
18, 43, 48 23, 43, 48 . 41,43 15, 40, 46 16,41,45
of secretary, treasurer, auditor, and attorney-general, . . 43 Qualifications, moral, of officers and magistrates, .... 8
Quartermasters, appointed by commanding officers of regiments, . 22
Quorum, of council, 19,24,42
of senate, 16,46,48
of house of representatives, 17,45,48
K.
Ratable polls, census of, 38
Reading and writing, know^ledge of, necessary qualifications for
voting or holding office, 44
Records of the commonwealth to be kept in the office of the secre- tary, 26
Register of the council, resolutions and advice to be recorded in,
and signed by members present, 25
Registers of psobate, chosen by the people of the several counties, 21,44
Religious denominations, equal jn'otection secured to all, . . 5, 38 Religious sect or denomination, no subordination of one to another
to be established by law, 6, 38
Religious societies, may elect their own pastors or religious teachers, 5, 38
membership of, defined, 38
Religious worship, public, right and duty of, and protection therein, 4 sujiport of the ministry, and erection and repair of houses of
worship, 4, 6, 38
INDEX TO THE CONSTTrUTION. 63
Page Remedies by recourse to the law, to be free, complete and prompt, 6
Representatives (see House of representatives) . Resolves (see Bills and resolves).
Retiu-us of votes, 13,19,42,43
Revision of constitution jjrovided for in the year 1795, ... 33 Rights, declaration of, 4
s.
Sailors and soldiers, who have served, etc., during time of war, not disqualified from voting on accoiint of non-payment of
poll tax, 48
Salary, a stated and honorable salarj^ to be established for the
governor, .......... 23
permanent and honorable salaries to be established for the justices of the supreme judicial court, and to he enlarged
if not sufficient, 9,23
School moneys, not to be appropriated for sectarian schools, . 44
Seal, great, of the commonwealth to be affixed to all commissions, 32 Search, seizure and arrest, right of, regulated, .... 7
Secretary of the commonwealth, to be chosen by the people annually
in November, 25, 43
to hold office for one year from third Wednesday in January
next thereafter, and until another is chosen and qualified, 43
manner of election, etc., same as governor, .... 43
in failure of election by voters, or in case of decease of person elected, vacancy to be filled by joint ballot of legislature, from the two persons having the highest number of votes at November election, ....... 43
vacancy occurring during session of the legislature, filled by
joint ballot of the legislature from the people at large, . 43
vacancy occurring when legislatui'e is not in session, to be filled hj governor, by appointment, with advice and con- sent of council, 35,43
not eligible, unless an inhabitant of the state for five years
next preceding election or appointment, .... 43
office to be deemed vacant if person elected or appointed fails
to be qualified within ten days, ...... 43
records of commonwealth to be kept in office of, ... 26
may appoint deputies, for whose conduct he shall be account- able, 26
to attend governor and council, senate and house, in jjerson or
by deputies, as they shall require, 26
to attest all commissions, ........ 32
to certify to board authorized to divide county into districts, the number of representatives to which the county is entitled, 45
64 INDEX TO THE CONSTITUTION.
Page
Sectarian schools, not to be maintained at public expense, . . 44 Selectmen, to preside at town meetings, elections, etc., ... 13
Self-government, right of, asserted, 5
Senate, the first branch of the legislature, 10,13
to consist of forty members, apportionment, etc., . . 12, 39, 46 to be chosen annually, ........ 13
governor and at least five councillors, to examine and count
votes, and issue summonses to members, .... 14
to be final judges of elections, returns and qualifications of
their own members, ........ 14
vacancy to be filled by election, by people of the district, upon
order of majority of senators elected, . . . . 15, 46
qualifications of a senator, 15,41
not to adjourn more than two days at a time, .... 15 to choose its officers and establish rules, ..... 15
shall try all impeachments, 15, 17
quorum of, 16,46,48
may punish for certain off'ences ; trial may be by committee, . 18 may require the attendance of the secretary of the common- wealth in person or by deputy, 26
may require the opinions of the justices of the supreme judicial court upon important questions of law, and upon solemn occasions, ........ 26
to enter objections, made by governor to passage of a bill or
resolve, at large on records, ...... 10
districts, forty in number, to be of adjacent territory, and to
contain, as near as may be, an equal number of voters, . 46
apportionment based upon legal voters, 46
Sheriffs, elected by the people of the several counties, . . .21,44 Silver, value of money mentioned in the constitution to be computed
in silver at six shillings and eight pence per ounce, . 32
Soldier, not to be quartered in any house, in time of peace, without
consent of owner, 9
Soldiers and sailors, who have served in time of war, etc., not dis- qualified from voting on account of non-payment of poll
tax, 48
Solicitor-general, 21
Standing armies, dangerous to liberty and not to be maintained
without consent of the legislature, 8
State or body politic, entitled, — The Commonwealth of Massachu- setts, 10
Supreme judicial court, judges to have honorable salaries fixed by
standing laws, and to hold office during good behavior, . 9, 23 to give opinions upon important questions of law, etc., when required by either branch of the legislature or by the gov- ernor and council, 26
not to hold certain other offices, 31,36
Sureties of bail, excessive, not to be required, .... 9
INDEX TO THE CONSTITUTIOX. 65
«
T.
Page
Taxation should be founded on consent, 6,8
Taxes, not to be levied without the consent of the people or their
representatives, 8
may be imposed by the legislature, 12
valuation of estates, to be taken anew once at least every ten
years, ........... 12
Tenure that all commission officers shall by law have in their
offices, shall be expressed in their commissions, . . 26
Tests abolished, 36
Title of body politic, — The Commonwealth of Massachusetts, . 10
Title of governor to be, — His Excellency, 18
Title of lieutenant-governor to be, — His Honor, .... 23 Town clerk, to make record and return of elections, ... 13 Town meetings, selectmen to preside at, . . . . . 13
Town representation in the legislature, 16,39,40
Towns, voting precincts in, 47
Travelling expenses of members, to general assembly and re- turning home, once in every session, to be paid by the government, ......... 16
Treason and felony, no subject to be declared guilty of, by the
legislature, ......... 9
Treasurer and receiver-general, to be chosen by the people an- nually in November, 25, 26, 43
to hold office for one year from third Wednesday in January
next thereafter, and until another is chosen and qualified, 43 manner of election, etc., same as governor, .... 43
not eligible, unless an inhabitant of the state for five years
next preceding election or appointment, .... 43
no man eligible more than five years successively, . . .25, 26 in failure of election by voters, or in case of decease of person elected, vacancy to be filled by joint ballot of legislature from the two persons having the highest number of votes at November election, ....... 43
vacancy occurring during session of the legislature, filled by
joint ballot of the legislature from the people at large, . 43 vacancy occurring when legislature is not in session, to be filled by governor, by appointment, with advice and con- sent of the council, 35,43
office to be deemed vacant if person elected or appointed fails
to be qualified within ten days, ..... 43
Treasury, no moneys to be issued from, but upon the warrant of
governor, except, etc., 22
Trial by jury, right to, secured, 7
guaranteed in criminal cases, except in army and navy, . 7
66 INDEX TO THE CONSTITUTION.
u.
Page University at Cambridge, 27,28,47
Y.
Vacancy in office of governor, powers to be exercised by lieutenant- governor, 24
Vacancy in offices of governor and lieutenant-governor, powers
to be exercised by the council, ...... 25
Vacancy in the council, to be filled by the 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 the council, 42,47
Vacancy in the senate, to be filled by election by the people upon
the order of a majority of senators elected, . . .15,46
Vacancy in office of secretary, treasurer, auditor and attorney- general, caused by decease of person elected, or I'ailure to elect, filled by joint ballot of legislature from the two persons having highest number of votes at November
election, 43
occurring during session of legislature, filled by joint ballot
of legislature from people at large, 43
occurring when legislature is not in session, to be filled by
governor, by appointment, with advice of council, . . 35, 43
Vacancy in militia office, filled by governor and council, if electors
neglect or refuse to make election, 21,22
Valuation of estates, to be taken anew once in every ten years at
least, 12
Veto power of the governor, ........ 10
Voters, qualifications of, at elections for governor, lieutenant-gov- ernor, senators and representatives, . 13, 17, 34, 44, 46, 47, 48 not disqualified on account of non-payment of poll tax if they
have served in the army or navy in time of war, etc., . 48 male citizens, twenty-one years of age, who have resided in the state one year, and within the town or district six months, who have jsaid a state or county tax within two years next preceding the election of state officers, and such as are exempted by law from taxation, but in other respects qualified, and who can write their names and read the constitution in the English language, . 17,34, 44
the basis upon which the apportionment of rei>resentatives
to the several counties is made, ..... 44
basis of apportionment of senators, 46
census of, to be taken in 1865, and every tenth year after, . 44, 46
Votes, returns of, 13, 19, 42, 43
plurality of, to elect civil ofiicers, 41
Voting precincts in towns, 47
INDEX TO THE CONSTITUTION. 67
Page Worship, public, the right and duty of all men, .... 4
Writ of habeas corpus, to be enjoyed in the most free, easy, cheap and expeditious manner, and not to be suspended by legislature, except for a limited time, .... 32
Writing and reading, necessary qualifications for voting, or hold- ing office, .......... 44
Writs, to be issued in the name of the commonwealth under the seal of the court, bear test of the first justice, and be signed by the clerk, 32
Y.
Year, political, begins on the first Wednesday of January, . . 37
ACTS AND EESOLYES
MASSACHUSETTS.
1902.
1^ The General Court of the year nineteen hundred and two assembled on Wednesday, the first day of January. The oaths of office were taken and sub- scribed by His Excellency W. Murray Crane and His Honor John L. Bates on Thursday, the second day of January, in the presence of the two Houses assembled in convention.
ACTS.
An Act making appropriations for the compensation of the (JJiaj)^ \
MEMBERS OF THE GENERAL COURT, FOR THE COMPENSATION OF THE OFFICERS THEREOF, AND FOR EXPENSES IN CONNECTION THEREWITH.
Be it enacted by the Senate and House of Mejoresentatives in General Court assembled, and by the authority of the same, as follows :
Section 1. The sums hereinafter mentioned arc ap- Appropriations. propriated, to be paid out of the treasury of the Com- monwealth from the ordinary revenue, for tlie purposes specified, for the year ending on the thirty-first day of December, nineteen hundred and two, to wit : —
For the compensation of senators, thirty thousand seven senators, com- hundred and fifty dollars. pensation.
For compensation for travel of senators, a sum not ex- Travel, ceeding thirty-two hundred dollars.
For the compensation of representatives, one hundred ^v^J^comp'en- and eighty thousand seven hundred and fifty dollars. sation.
For compensation for travel of representatives, a sum Travel. not exceeding twenty thousand dollars.
For the compensation of the chaplains of the senate chaplains. and house of representatives, three hundred dollars each.
For the salaries of the clerks of the senate and house senate and of representatives, three thousand dollars each. u^ecer e.
For the salaries of the assistant clerks of the senate and ^erts*.**"* house of representatives, two thousand dollars each.
For such additional clerical assistance to the clerks of asli"tance. the senate and house of representatives as may be neces- sary for the proper despatch of public business, a sum not exceeding three thousand dollars.
For the salary of the sergeant-at-arms, thirty-five hun- sergeant- dred dollars. ' **-"™^-
For the salary of the first clerk in the office of the First cierk. sergeant-at-arms, twenty-two hundred dollars.
For the salaries of the doorkeepers of the senate and Doorkeepers, house of representatives, fifteen hundred dollars each.
Acts, 1902. — Chap. 2.
PoBtmaBter, meBsengerB,etc.
Senate, Btationery.
House, stationery.
Printing and binding, senate and houBe.
Manual.
Sergeant-at- arms, sta- tionery, etc.
Senate and house contin- gent expenses.
Expenses of committees.
Witness fees, etc.
For tho compensation of assistant doorkeepers, post- master, messengers and pages to the senate and house of representatives, a smii not exceeding thirty-one thousand five hundred dollars.
For stationery for the senate, purchased by the clerk, a sum not exceeding eight hundred dollars.
For stationery for the house of representatives, pur- chased by the clerk, a sum not exceeding twelve hundred dollars.
For printing and binding ordered by the senate and house of representatives, or by concurrent order of the two branches, a sum not exceeding twenty-seven thousand dollars.
For printing and binding the manual for the general court, under the direction of the clerks of the senate and house of representatives, a sum not exceeding four thou- sand dollars.
For books, stationery, postage, printing and advertis- ing, ordered by the sergeant-at-arms, a sum not exceed- ing one thousand dollars.
For contingent expenses of the senate and house of representatives, and necessar}^ expenses in and about the state house, a sum not exceeding six thousand dollars.
For authorized expenses of committees of the present general court, to include clerical assistance to committees authorized to employ the same, also expenses of advertis- ing hearings before committees, a sum not exceeding twenty-five thousand dollars.
For expenses of summoning witnesses before commit- tees, and for fees of such witnesses, a sum not exceeding two hundred dollars.
Section 2. This act shall take effect upon its passage.
Approved Jcmuary 9, 1902.
CllClV. 2 -^^ ^^^ ^^ EXTEND THE TIME FOR FILING THE PINDING AND DECREE OF THE SPECIAL COMMISSION APPOINTED TO APPORTION THE EXPENSE OF CONSTRUCTING THE NEW BRIDGE ACROSS THE CONNECTICUT RIVER BETWEEN SPRINGFIELD AND WEST SPRING- FIELD.
Be it enacted, etc., as folloios : Time extended. SECTION 1. The finding and decree of the special connnission a})pointed under the authority of chapter four hundred and fifty-eight of the acts of the year nine-
Acts, 1902. — Chap. 3. 5
teen hundred shall be filed not later than sixteen months from the date of the appointment of said commission, in- stead of not later than twelve months from said date as provided by section five of chapter four hundred and twenty-one of the acts of the year nineteen hundred and one.
Section 2. So much of section two of said chapter Repeal. four hundred and fifty-eight, as amended by section five of said chapter four hundred and twenty-one, as is incon- sistent herewith is hereby repealed.
Section 3. This act shall take eftect upon its passage.
Approved January 21, 1902.
An Act making appropriations for salaries and expenses in ni^r,^ Q
THE EXECUTIVE DEPARTMENT OF THE COMMONWEALTH. ^
Be it enacted, etc., as folloios :
Section 1. The sums hereinafter mentioned are Appropriations. appropriated, to be paid out of the treasury of the Com- monwealth from the ordinary revenue, for the purposes specified, for the year ending pn the thirty-first day of December, nineteen hundred and two, to wit : —
For the compensation of the lieutenant governor, two Lieutenant thousand dollars ; and for that of the executive council, fi^d'^Jouncii, sixty-four hundred dollars. compensatiou.
For travelling expenses of the executive council, a sum Travelling not exceeding fifteen hundred dollars. expenses.
For the salary of the private secretary of the governor, Private twenty-five hundred dollars. '"''''*"'"^-
For the salary of the executive secretary, two thousand fgcreter^^ dollars.
For the salary of the executive stenographer, a sum stenographer. not exceeding fifteen hundred dollars.
For the salary of the executive messenger, twelve hun- Messenger. dred dollars.
For contingent expenses of the executive department, Executive a sum not exceeding three thousand dollars. expenses.
For postage, printing and stationery for the executive Postage, department, a sum not exceeding eight hundred dollars. p""*'°s> **'=•
For travelling and contingent expenses of the governor Governor and council, a sum not exceeding twenty-five hundred expen^M?" ' dollars.
For postage, printing and stationery for the executive Postage, council, a sum not exceeding five hundred dollars. printing, etc.
Acts, 1902. — Chap. 4.
Extraordinary expenseH.
Indexes, etc. to statutes.
Reimbursement to towns.
Arrest of fugitives from justice.
For the payment of extraordinary expenses, to be ex- pended under the direction of tlie governor and council, a sum not exceeding fifteen tliousand dollars.
For the preparation of tables and indexes relating to the statutes of the present and previous years, under the direction of the governor, a sum not exceeding five hun- dred dollars.
For reimbursement to towns for the support of insane persons, a sum not exceeding fifteen thousand dollars.
For expenses incurred in the arrest of fugitives from justice, a sum not exceeding one thousand dollars.
Section 2. This act shall take effect upon its passage.
Ajyproved January 27, 1902.
Chap. 4l
Appropriations.
Railroad commissioners.
Clerk, Assistant clerk.
Accountant.
Steam railroad inspectors.
Experts, etc.
Rent, mes- senger, etc.
Stationery, etc.
An Act making appropriations for the salaries and expenses of the railroad commissioners.
Be it enacted, etc., as foUoivs :
Section 1. The sums hereinafter mentioned are appropriated, to be paid out of the treasur}^ of the Com- monwealth from the ordinary revenue, for the purposes specified, for the year ending on the thirtj^-first day of December, nineteen hundred and two, to wit : —
For the salaries of the railroad commissioners, thirteen tliousand dollars.
For the salary of the clerk of the railroad commission- ers, twenty-five hundred dollars.
For the salary of the assistant clerk of the railroad commissioners, a sum not exceeding twelve hundred dol- lars.
For the salary of the accountant of the railroad com- missioners, twenty-five hundred dollars.
For the salaries and expenses of the steam railroad inspectors, a sum not exceeding sixty-six hundred dol- lars.
For the compensation of experts or other agents of the railroad commissioners, a sum not exceeding five thousand two hundred dollars.
For rent, care of office, and salary of a messenger for the railroad commissioners, a sum not exceeding five thousand two hundred dollars.
For books, maps, statistics, stationery, and incidental and contingent expenses of the railroad commissioners, a sum not exceeding three thousand dollars.
Acts, 1902.— Chaps. 5, 6. 7
For the expenses of takino: evidence o-iven at inquests Evidence
*^ nl^i'i at inquests.
on deaths by accident upon steam and street railways, a sum not exceeding two thousand dollars.
For stenographic reports of hearings, a sum not exceed- heTS"^ ing twelve hundred dollars.
Section 2. This act shall take effect upon its passage.
Ax)proved January 27, 1902.
An Act making appropriations for the payment of annuities (JJi^ip^ 5 TO soldiers and others.
Be it enacted, etc., as foUoivs :
Section 1. The sums hereinafter mentioned are Appropriations. approf)riated, to be paid out of the treasury of the Com- monwealth from the ordinary revenue, for the payment of annuities and pensions due from the Commonwealth to soldiers and others, during the year ending on the thirty-hrst day of December, nineteen hundred and two, to wit : —
For annuities incurred by the acceptance of the bequest f^^^°j°?g°* of the late Martha Johonnot, a sum not exceeding two hundred dollars.
For annuities to soldiers and others, as authorized by Annuities to the general court, the sum of five thousand five hundred ^° and eight dollars.
For pensions authorized by the general court, the sum Pensions. of five hundred and twenty dollars.
Section 2. This act shall take effect upon its passage.
Approved January 27, 1902.
An Act making an appropriation for the payment of pre- QJ^qj) Q
MIUMS ON securities PURCHASED FOR THE MASSACHUSETTS ^'
SCHOOL FUND.
Be it enacted, etc., as folJoivs :
Section 1. A sum not exceeding thirty-five thousand ^fj^j^^"^ dollars is hereby appropriated, to be paid out of the ou certain
/> ,, ^i Til ,' ii T securities.
treasury of the CommouAvealth irom the ordinary rev- enue, for the payment l)y the treasurer and receiver general of premiums on securities purchased for the Mas- sachusetts School Fund, as provided for by section three of chapter forty-one of the Revised Laws.
Section 2. This act shall take effect upon its passage.
Approved January 27., 1902.
8
Acts, 1902. — Chaps. 7, 8, 9, 10.
Cliap. 7 An Act
MasBachiisettB Institute of Technology.
MAKING AN APPROPRIATION FOR THE MASSACHUSETTS IN- STITUTE OF TECHNOLOGY.
Be it enacted, etc., as folloios :
Section 1. The sum of twent3^-nine thousand dollars is hereby appropriated, to be paid out of the treasury of the Commonwealth from the ordinary revenue, to the Massachusetts Institute of Technology.
Section 2. This act shall take effect upon its passage.
Approved January 27, 1902.
Chap.
Worcester
Polytechnic
Institute.
8 An Act making an appropriation for the Worcester poly- technic INSTITUTE.
Be it enacted, etc., as folloios :
Section 1. The sum of six thousand dollars is hereby appropriated, to be paid out of the treasury of the Com- monwealth from the ordinary revenue, to the \Yorcester Polytechnic Institute, as provided for by chapter one hundred and fifty-seven of the acts of the year eighteen hundred and ninety-nine.
Section 2. This act shall take effect upon its passage.
Approved January 27, 1902.
Chan, 9 An Act making an appropriation for the prisons and hospi- tals LOAN SINKING FUND.
Prisons and Hospitals Loan Sinking Fund.
Be it enacted, etc., as follows :
Section 1. The sum of five thousand eight hundred thirty-one dollars and thirty cents is hereby appropriated, to be paid out of the treasury of the Commonwealth from the ordinary revenue, for the Prisons and Hospitals Loan Sinking Fund, as provided for by chapter four hundred and seventy-one of the acts of the year nineteen hundred and one, said sum being the estimate of the treasurer and receiver general.
Section 2. This act shall take efiect upon its passage.
Approved January 27, 1902.
Chap. 10 An Act making
AN APPROPRIATION FOR THE STATE HIGHWAY LOAN SINKING FUND.
Be it enacted, etc., as follows : state High- Section 1. The sum of one hundred and five thou-
Sinking Fund, gand six hundred forty dollars and eighty-two cents is
Acts, 1902. — Chaps. 11, 12, 13. 9
hereby appropriated, to be paid out of the treasury of the Commonwealth from the ordinary revenue, for the State Highway Loan Sinking Fund, as provided for by chapter two hundred and sixty-nine of the acts of the year nineteen hundred and one, said sum being the esti- mate of the treasurer and receiver general.
Section 2. This act shall take efi'ect upon its passage.
Approved January 27, 1902.
An Act making an appropriation for the state house loans (JJidr) 11
SINKING FUND.
Be it enacted, etc., as follows :
Section 1. The sum of ninety thousand three state House hundred seven dollars and thirty-six cents is hereby ap- iiig'^Fund^'' propriated, to be paid out of the treasury of the Com- monwealth from the ordinary revenue, for the State House Loans Sinking Fund, as provided for by chapter thirty- nine of the acts of the year eighteen hundred and ninety- live, said sum being the estimate of the treasurer and receiver general.
Section 2. This act shall take effect upon its passage.
Aptproved January 27, 1902.
Chap. 12
An Act making an appropriation for the removal of wrecks
FROM tide waters.
Be it enacted, etc., as follows :
Section 1. The sum of three thousand dollars is Removal of hereby appropriated, to be paid out of the treasury of fr'ifmtide""* the Commonwealth from the ordinary revenue, for the waters. removal of wrecks and other obstructions from tide waters, as provided for by section twenty-two of chapter ninety-seven of the Revised Laws, during the year ending on the thirty-first day of December, nineteen hundred and two.
Section 2. This act shall take effect upon its passage.
Approved January 27, 1902.
Cha]). 13
An Act making an appropriation for operating the south metropolitan system of sewage disposal.
Be it enacted, etc., as follows :
Section 1. A sum not exceeding ninety-three thou- south metro- sand six hundred and sixty-six dollars is hereby appro- of sewage**'''"
disposal.
10
Acts, 1902. — Chaps. U, 15.
priated, to be paid out of the treasury of the Common- wealth from the ordinary revenue, for the maintenance and operation of the south metropolitan system of sewage dis- posal, comprising a part of Boston, the cities of Newton, Quincy and Waltham, and the towns of Brookline, Water- town, Dedham, Hyde Park and Milton, during the year ending on the thirty-first day of December, nineteen hundred and two.
Section 2. This act shall take effect upon its passage.
Ai^proved January '27^ 1902.
GhCLT)' 11 ^^ ^^'^ MAKING APPROPRIATIONS FOR THE SALARIES AND EXPENSES OF THE COMMISSIONERS OF SAVINGS BANKS.
Appropriations.
CommiBBionerB
of savings
banks,
chairman.
Associate
commissioners.
First clerk.
Second clerk.
Additional clerks, etc.
Expenses,
Be it enacted, etc., as foUoivs :
Section 1. The sums hereinafter mentioned are appropriated, to be paid out of the treasury of the Com- monwealth from the ordinary revenue, for the purposes specified, for the year ending on the thirty-first day of December, nineteen hundred and two, to wit : —
For the salary of the chairman of the commissioners of savings banks, thirty-five hundred dollars.
For the salaries of the two associate commissioners of savings banks, tliree thousand dollars each.
For the salary of the first clerk of the commissioners of savings banks, two thousand dollars.
For the salary of the second clerk of the commissioners of savings banks, fifteen hundred dollars.
For such additional clerks and expert assistants as the commissioners of savings banks may deem necessary, a sum not exceeding twenty-five hundred dollars.
For travelling and incidental expenses of the commis- sioners of savings banks, a sum not exceeding twenty- eight hundred dollars.
Section 2. This act shall take efiect upon its passage.
Approved January 28, 1902.
ChClT). 15 ^^ ^^^ MAKING AN APPROPRIATION FOR THE SUPPORT OF THE
WORCESTER INSANE ASYLUM.
Worcester in- sane asylum.
Be it enacted, etc., as follows :
Section 1. The sum of twenty-nine thousand nine hundred ninety-four dollars and twenty-five cents is hereby appropriated, to be paid out of the treasury of
Acts, 1902. — Chaps. 16, 17. 11
the Commonwealth from the ordinary revenue, for the support of the AVorcester insane asylum during the present year, said sum being based upon the average number of state patients at the rate of three dollars and twenty-five cents per week, as provided for by sections one hundred and twenty-seven and one hundred and twenty-eight of chapter eighty-seven of the Revised Laws, this amount to be in addition to the receipts from other sources ; and so much of said receipts as may be needed to pay the expenses of said institution may be used for that purpose.
Section 2. This act shall take effect upon its passage.
Approved January 28, 1902.
An Act making an appropriation for the perkins institution (JJiq/q 1 Q and massachusetts school for the blind. "'
Be it enacted, etc., as follows:
Section 1. The sum of thirty thousand dollars is Perkins insti- hereby appropriated, to be paid out of the treasury of Massachusetts the Commonwealth from the ordinary revenue, to the themlndf Perkins Institution and Massachusetts School for the Blind, as provided for by chapter nineteen of the resolves of the year eighteen hundred and sixty-nine.
Section 2. This act shall take eft'ect upon its passage.
Approved January 28, 1902.
An Act making an appropriation for payment of the tuition njjfjr) 17 OF children attending school outside of the town m
WHICH they RESIDE.
Be it enacted, etc., as follows :
Section 1. A sum not exceeding fourteen thousand ™".°°°t.
. . o certain children.
dollars is hereby appropriated, to be paid out of the treasury of the Commonwealth from the ordinary revenue, for the tuition of children of any town in which a high school or school of corresponding grade is not maintained, who attend a high school outside the town in which they reside.
Section 2. This act shall take effect upon its passage.
Approved January 2$, 1902.
12
Acts, 1902. — Chap. 18.
GhciT)' 18 ^^ ^'^^ MAKING APPROrRIATIONS FOR SALARIES AND EXPENSES IN THE JUDICIAL DEPARTMENT OF THE COMMONWEALTH.
Be it enacted,, etc., as follows : Appropriations. Section 1. TliG suiiis hereinafter mentioned are appropriated, to be paid out of tlie treasury of the Com- monwealtli from tlie ordinary revenue, for the purposes specified, for the year ending on tlie thirty-first day of December, niueteen hundred and two, to wit : —
Supreme judicial court, chief justice.
Associate justices.
Clerical assist- ance to clerk.
Clerical assist- ance to justices.
Expenses.
Reporter of decisions, etc.
Officers and messenger.
Clerk for
Suffolk.
SUPKEME JUDICIAL COURT.
For travelling expenses of the chief justice of the supreme judicial court, five hundred dollars.
For travelling expenses of the six associate justices of the supreme judicial court, three thousand dollars.
For the salary of the clerk of the supreme judicial court, three thousand dollars.
For clerical assistance to the clerk of the supreme judi- cial court, five hundred dollars.
For clerical assistance to the justices of the supreme judicial court, a sum not exceeding twenty-five hundred dollars.
For expenses of the supreme judicial court, a sum not exceeding two thousand dollars.
For the salary of the reporter of decisions of the supreme judicial court, four thousand dollars ; and for clerk hire and incidental expenses of said reporter, a sum not exceeding two thousand dollars.
For the salaries of the officers and messenger of the supreme judicial court, twenty-four hundred dollars.
For the salary of the clerk of the supreme judicial court for the county of Suttblk, fifteen hundred dollars.
SUPERIOR COURT.
Superior court, chief justice.
Associate justices.
For the salary and travelling expenses of the chief jus- tice of the superior court, seventy-five hundred dollars.
For the salaries and travelling expenses of the seven- teen associate justices of the superior court, one hundred and nineteen thousand dollars.
Acts, 1902. — Chap. 18. 13
COURTS OF PROBATE AND INSOLVENCY.
For the salary of the judge of probate and insolvency Probate and for the county of Barnstable, thirteen hundred dollars. judglsT"^
For the salary of the judge of probate and insolvency gg^'^gJiJ^i^' for the county of Berkshire, twenty-five hundred dollars.
For the salary of the judge of probate and insolvency Bristol. for the county of Bristol, three thousand dollars.
For the salary of the judge of probate and insolvency Dukes county. for the county of Dukes County, seven hundred dollars.
For the salary of the judge of probate and insolvency Essex. for the county of Essex, forty-five hundred dollars.
For the salary of the judge of probate and insolvency Frankiin. for the county of Franklin, fifteen hundred dollars.
For the salary of the judge of probate and insolvency Hampden. for the county of Hampden, tliree thousand dollars.
For the salary of the judge of probate and insolvency Hampshire. for the county of Hampshire, sixteen hundred dollars.
For the salaries of the two judges of probate and in- Middlesex. solvency for the county of Middlesex, forty-five hundred dollars each.
For the salary of the judge of probate and insolvency Nantucket. for the county of Nantucket, nine hundred dollars.
For the salary of the judge of probate and insolvency Norfolk. for the county of Norfolk, twenty-eight hundred dollars.
For the salary of the judge of probate and insolvency Plymouth. for the county of Plymouth, two thousand dollars.
For the salaries of the two judges of probate and in- Suffolk. solvency for the county of Suffolk, five thousand dollars each.
For the salary of the judge of probate and insolvency Worcester. for the county of Worcester, forty-five hundred dollars.
For the compensation of judges of probate and insol- ^^er counties vency acting in other counties than their own, a sum not exceeding three thousand dollars.
For the salary of the register of probate and insolvency Register, for the county of Barnstable, thirteen hundred dollars.
For the salary of the register of probate and insolvency Berkshire. for the county of Berkshire, eighteen hundred dollars.
For the salary of the register of probate and insolvency Bristol. for the county of Bristol, twenty-five hundred dollars.
For the salary of the register of probate and insolvency Dukes county. for the county of Dukes County, seven hundred dollars.
14
Acts, 1902. — CiiAr. 18.
Ebbcx.
Franklin.
Hampden.
Hampehire.
Middlesex.
Nantucket.
Norfolk.
Plymouth.
Suffolk,
Worcester.
Assistant regis ter, Bristol.
Hampden.
HampBhire.
Middlesex.
Norfolk.
Suffolk.
Worcester.
For the salary of the register of probate and insolvency for the county of Essex, thirty-three hundred dollars.
For the salary of the register of probate and insolvency for the county of Franklin, fifteen hundred dollars.
For the salary of the register of probate and insolvency for the county of Hampden, twenty-five hundred dollars.
For the salary of the register of probate and insolvency for the county of Hampshire, sixteen hundred dollars.
For the salary of the register of probate and insolvency for the county of Middlesex, four thousand dollars.
For the salary of the register of probate and insolvency for the county of Nantucket, nine hundred dollars.
For the salary of the register of probate and insolvency for the county of Norfolk, twenty-tliree hundred dollars.
For the salary of the register of probate and insolvency for the count}^ of Plymouth, eighteen hundred dollars.
For the salary of the register of probate and insolvency for the county of Suffolk, five thousand dollars.
For the salary of the register of probate and insolvency for the county of Worcester, three thousand dollars.
For the salary of the assistant register of probate and insolvency for the county of Bristol, one thousand dol- lars.
For the salary of the assistant register of probate and insolvency for the county of Essex, twenty-three hundred dollars.
For the salary of the assistant register of probate and insolvency for the county of Hampden, one thousand dollars.
For the salary of the assistant register of probate and insolvency for the county of Hampshire, six hundred dol- lars.
For the salary of the assistant register of probate and insolvency for the county of Middlesex, twenty-five hun- dred dollars.
For the salary of the assistant register of probate and insolvency for the county of Norfolk, twelve hundred dollars.
For the salary of the assistant register of probate and insolvency for the county of Suffolk, twenty-eight hun- dred dollars.
For the salary of the assistant register of probate and insolvenc}^ for the county of Worcester, twenty-three hundred dollars.
Acts, 1902. — Chap. 18. 15
For extra clerical assistance to the register of probate clerical asBiet- and insolvency for the county of Bristol, a sum not ex- ^'^' ^™"'*- ceeding two hundred dollars.
For extra clerical assistance to the register of probate Essex. and insolvency for the county of Essex, a sum not ex- ceeding twenty-five hundred dollars.
For extra clerical assistance to the register of probate Hampden. and insolvency for the county of Hampden, a sum not ex- ceeding six hundred dollars.
For extra clerical assistance to the register of probate Middlesex, and insolvency for the county of Middlesex, a sum not exceeding four thousand dollars.
For extra clerical assistance to the register of probate Plymouth. and insolvency for the county of Plymouth, a sum not exceeding five hundred dollars.
For extra clerical assistance to the register of probate Suffolk. and insolvency for the county of Suftblk, a sum not ex- ceeding fift3"-one hundred dollars.
For extra clerical assistance to the register of probate Worcester. and insolvency for the county of Worcester, a sum not exceeding thirty-three hundred and fifty dollars.
For the salary of the clerk of the register of probate cierk of regis- and insolvency for the county of Suffolk, twelve hundred *®'"' ^"^°''^- dollars.
For extra clerical assistance to the courts of probate in the several and insolvency in the several counties of the Common- Hampshirr^^* wealth, excepting Hampshire and Suffolk counties, a sum ^^d Suffolk. not exceeding eighty-four hundred sixty-six dollars and sixty-seven cents.
For expenses of courts of probate and insolvency, a Expenses. sum not exceeding thirty-five hundred dollars.
DISTRICT ATTORNEYS.
For the salary of the district attorney for the Suffolk District at- district, five thousand dollars. *°"^y' ^"^"^^•
For the salary of the first assistant district attorney for First assistant. the Sufiblk district, thirty-three hundred dollars.
For the salary of the second assistant district attorney second for the Suffolk district, thirty-three hundred dollars. *'"'**°*-
For the salary of the clerk of the district attorney for cierk. the Suffolk district, eighteen hundred dollars.
For the salary of the district attorney for the northern District attor- district, twenty-four hundred dollars. dfstrict.'^*^^™
16
Acts, 1902. — Chap. 19.
ABBistant.
Eastern district.
Southeastern district.
Assistant.
Southern district.
Assistant.
Middle district.
Western district.
N'orthwestern district.
For the salary of the assistant district attorney for the northern district, fifteen liundrcd dollars.
For the salary of the district attorney for the eastern district, twenty-four hundred dollars.
For the salary of the assistant district attorney for the eastern district, twelve hundred dollars.
For the salary of the district attorney for the south- eastern district, twenty-four hundred dollars.
For the salary of the assistant district attorney for the southeastern district, fourteen hundred dollars.
For the salary of the district attorney for the southern district, twenty-two hundred dollars.
For the salary of the assistant district attornc}^ for the southern district, twelve hundred dollars.
For the salary of the district attorney for the middle district, twenty-four hundred dollars.
For the salary of the assistant district attorney for the middle district, twelve hundred dollars.
For the salary of the district attorney for the western district, twenty-one hundred dollars.
For the salary of the district attorney for the north- western district, thirteen hundred and fifty dollars.
Section 2. This act shall take effect upon its passage.
Approved January 29, 1902.
Chap. 19 -^N Act making appropriations for salaries and expenses
IN THE department OF THE AUDITOR OF THE COMMONWEALTH.
Appropriations .
Auditor.
First clerlt.
Second clerk.
Extra clerks.
Stenogra- pher, etc.
Be it enacted, etc., as follows :
Section 1. The sums hereinafter mentioned are appropriated, to be paid out of the treasury of the Com- monwealth from the ordinary revenue, for the purposes specified, for the year ending on the thirty-first day of December, nineteen hundred and two, to wit : —
For the salary of the auditor, thirty-five hundred dol- lars.
For the salary of the first clerk in the auditor's depart- ment, twenty-five hundred dollars.
For the salary of the second clerk in the auditor's department, twenty-two hundred dollars.
For the salaries of the extra clerks in the auditor's department, forty-five hundred dollars.
For a stenographer, and for such additional clerical assistance as the auditor may find necessary for the proper
Acts, 1902. — Chap. 20. 17
despatch of public business, a sum not exceeding three thousand dollars.
For the salary of the messenger in the auditor's depart- Messenger, ment, nine hundred dollars.
For the compensation of a state printing expert, a sum Printing expert. not exceeding fifteen hundred dollars.
For incidental and contingent expenses in the depart- Expenses. ment of the auditor, a sum not exceeding fifteen hundred dollars.
Section 2. This act shall take effect upon its passage.
Approved January 29, 1902.
An Act making appkopriations for salaries and expenses r'Jir/j) 20
IN THE DEPARTMENT OF THE SECRETARY OF THE COMMONWEALTH.
Be it enacted, etc., as follows :
Section 1. The sums hereinafter mentioned are Appropriations. appropriated, to be paid out of the treasury of the Com- monwealth from the ordinary revenue, for the purposes specified, for tlie year ending on the thirty-first day of December, nineteen hundred and two, to wit : —
For the salary of the secretary of the Commonwealth, secretary of thirty-five hundred dollars. weaith"^™*"^
For the salary of the first clerk in the secretary's de- First cierk. partment, twenty-five hundred dollars.
For the salary of the second clerk in the secretary's second cierk. department, twenty-two hundred dollars.
For the salary of the chief of the archives division in chief of the secretary's department, tAvo thousand dollars. divisicm.
For the salary of the cashier in the secretary's depart- Cashier. ment, a sum not exceeding twelve hundred dollars.
For messengers and such additional clerical assistance Extra cierks and as the secretary may find necessary, a sum not exceeding messengers. twenty-four thousand dollars.
For incidental and contingent expenses in the secre- Expenses. tary's department, a sum not exceeding thirty-five hun- dred dollars.
For the arrangement and preservation of state rec- Arrangement of
ij 1. j*j2j.i 111 records, etc.
ords and papers, a sum not exceeding five thousand dol- lars .
For postage and expressage on documents to members Postage, etc. of the general court, and for transportation of documents to free public libraries, a sum not exceeding twenty-nine hundred dollars.
18 Acts, 1902. — Chaps. 21, 22.
Ballot boxes.
For furnishing cities and towns with ballot boxes, and for repairs to the same, a sum not exceeding tliree thou- sand dollars.
Section 2. This act shall take effect upon its passage.
Approved January 29, 1902.
Chap. 21 An Act making an appropriation for the Massachusetts
HOSPITAL FOR EPILEPTICS.
Be it enacted, etc., as follows :
ho^spua^for"^ SECTION 1. The sum of thirteen thousaud six hundred epileptics. ^,^(j eight3^-nine dollars is hereby appropriated, to be paid out of the treasury of the Commonwealth from the ordi- nary revenue, for the support of the Massachusetts hos- pital for epileptics during the present year, said sum being based upon the average number of state patients at the rate of three dollars and twenty-five cents per week, as provided for by sections one hundred and twenty-seven and one hundred and twenty-eight of chapter eighty-seven of the Revised Laws, this amount to be in addition to the receipts from other sources ; and so much of said receipts as may be needed to pay the expenses of said institution may be used for that purpose.
Section 2. This act shall take effect upon its passage.
Approved January 29, 1902.
ChctlJ. 2i2i An Act making an appropriation for the support of the
MASSACHUSETTS SCHOOL FOR THE FEEBLE-MINDED.
Be it enacted, etc., as follows :
SoTfor'the Section 1. The sum of fifty-eight thousand tliree Feeble-minded, hundred and fivc dollars is hereby appropriated, to be paid out of the treasury of the Commonwealth from the ordinary revenue, for the support of the Massachusetts School for the Feeble-minded during the present year, said sum being based upon the average number of state patients at the rate of three dollars and twenty-five cents per week, as provided for by sections one hundred and twenty-seven and one hundred and twenty-eight of chap- ter eighty-seven of the Revised Laws, this amount to be in addition to the receipts from other sources ; and so much of said receipts as may be needed to pay the ex- penses of said institution may be used for that purpose. Section 2. This act shall take effect upon its passage.
Approved January 29, 1902.
Acts, 1902. — Chaps. 23, 24, 25. 19
An Act making an appropriation for the support of the (JJi^qj^ 23
DANVERS INSANE HOSPITAL.
Banc hospital.
Be it enacted, etc., as folloivs :
Section 1'. The sum of forty-three thousand two Danversin- hundred thirteen dollars and thirty-nine cents is hereby appropriated, to be paid out of the treasury of the Com- monwealth from the ordinary revenue, for the support of the Danvers insane hospital during the present year, said sum being based upon the average number of state patients at the rate of three dollars and twenty-five cents per week, as provided for by sections one hundred and twenty-seven and one hundred and twenty-eight of chap- ter eighty-seven of the Revised Laws, this amount to be in addition to the receipts from other sources ; and so much of said receipts as may be needed to pay the ex- penses of said institution may be used for that purpose.
Section 2. This act shall take efiect upon its passage.
Approved January 29, 1902.
An Act making appropriations for the compensation and (Jfidr) 24
EXPENSES of the BALLOT LAW COMMISSION.
Be it enacted, etc., as follows :
Section 1. The sums hereinafter mentioned are Appropriations. appropriated, to be paid out of the treasury of the Com- monwealth from the ordinary revenue, for the purposes specified, for the year ending on the thirty-first day of December, nineteen hundred and two, to wit : —
For the compensation of the ballot > law commission, a BaUotiaw sum not exceeding fifteen hundred dollars.
commission.
For expenses of the ballot law commission, a sum not Expenses. exceeding two hundred and fifty dollars.
Section 2. This act shall take effect upon its passage.
Appiroved January 29, 1902.
An Act making appropriations for salaries and expenses in ri'Uf.-Y^ OPT
THE office of THE CONTROLLER OF COUNTY ACCOUNTS. "*
Be it enacted, etc., as folloivs :
Section 1. The sums hereinafter mentioned are Appropriations, appropriated, to be paid out of the treasury of the Com- monwealth from the ordinary revenue, for the purposes
20
Acts, 1902. — Chaps. 26, 27.
Controller of county accounts.
First deputy.
Second deputy.
Third deputy.
Expenaes.
specified, for the year ending on the thirty-first day of December, nineteen hundred and two, to wit : —
For the salary of the controller of count}^ accounts, twenty-five hundred dollars.
For the salary of the first deputy controller of county accounts, eighteen hundred dollars.
For the salary of the second deputy controller of county accounts, fifteen hundred dollars.
For the salary of the third deputy controller of county accounts, twelve hundred dollars.
For travelling and office expenses of the controller of county accounts and his deputies, a sum not exceeding twelve hundred dollars.
Section 2. This act shall take effect upon its passage.
Approved January 29, 1902.
Chap. 26 ■^'^ -^CT MAKING AN APPROPRIATION FOR PROTECTING THE PURITY
OF INLAND WATERS.
Protecting purity of inland waters.
Be it enacted, etc., as follows :
Section 1. A sum not exceeding thirty-four thou- sand dollars is hereby appropriated, to be paid out of the treasury of the Commonwealth from the ordinary revenue, for services of engineers, chemists, biologists and other assistants, and for other expenses made necessary and authorized by chapter seventy -five of the Revised Laws, in protecting the purity of inland waters during the year nineteen hundred and two.
Section 2. This act shall take eft'ect upon its passage.
Approved January 29, 1902.
QJlQ/r), 27 ^^ ^'^^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES IN
THE STATE LIBRARY.
Appropriations.
State librarian.
Purchase of books.
He it enacted,