^
4 •'•
ACTS
RESOLVES
PASSED BY THE
General (JJourt of plassarhusptts,
IX THE YEAR
1913,
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 COMMOXWEALTH.
BOSTOX:
WRIGHT & POTTER PRINTING CO., STATE PRINTERS,
18 Post Office Square.
1913.
A CONSTITUTION
rORM OF GOVERNMENT
QII)p Qlommomupaltli nf flUaBBarhuBrllB
PREAMBLE.
The end of the institution, maintenance, and administra- objects of tioii of government, is to secure the existence of the body Ko^e"""™""*- politic, to protect it, and to furnish the individuals Avho compose it with the power of enjoying in safety and tran- quillity their natuml rights, and the blessings of life ; and whenever these gi'eat 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 poutic, of individuals : it is a social compact, by which the whole ite^at*u™!^" people covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the common good. It is the duty of the people, therefore, in framing a constitution of government, to pro- vide for an equitable mode of making laws, as well as for an impartial interpretation and a faithful execution of them ; that every man may, at all times, find his security in them.
We, therefore, the people of Massachusetts, acknowl- edging, with grateful hearts, the goodness of the great Legislator of the universe, in affording us, in the course of His providence, an opportunity, deliberately and peace-
CONSTITUTION OF' THE
ably, without fraud, violence, or surprise, of entering into an original, explicit, and solemn compact with each other ; and of forming a new constitution of civil government, for ourselves and posterity ; and devouth" imploring His direction in so interesting a design, do agree upon, ordain, and establish, the following Declaration of Rights^ and Frame of Government, as the Constitutiox of the Com- monwealth OF Massachusetts.
Equality and natural rights of all men.
Right and duty of public relig- ious worship. Protection therein. 2 Cash. 104. 12 Allen, 129.
Amendments,
Art. XI substi- tuted for this .
Legislature empowered to compel provi- sion for public worship;
PART THE FIRST.
A Declaralion of the llif/Jits of the Inhabitants of the Commonwealth of MassacJiusetts.
Article I. All men are born free and equal, and have certain natural, essential, and unalienable rights ; among which may be reckoned the right of enjoying and defend- ing their lives and liberties ; that of acquiring, possess- ing, and protecting property ; in fine, that of seeking and obtaining their safetv 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 liis own conscience ; or for his religious pro- fession of sentiments ; provided he doth not disturb the public peace, or obstruct others in theu* religious worship.
III. [As the happiness of a people, and the good order and preservation of civil government, essentially depend upon piety, religion, and morality ; and as these cannot be generally diffused through a community but by the institution of the public worship of God, and of public instructions in piety, religion, and morality: Therefore, to promote their happiness, and to secm'e 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 legislatm^e shall, from time to time, authorize and require, the several towns, parishes, precincts, and other bodies politic, or religious societies, to make suitable provision, at their own expense, for the institution of the public worship of God, and for
COMMONWEALTH OF :NL\SSACHUSETTS. 5
the support and maintenance of public Protestant teachers of piety, religion, and morality, in all cases where such provision shall not be made voluntarily.
And the people of this commonwealth have also a right atfen1ilnce°^°^ to, and do, invest their legislature with authority to enjoin thereou. 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 toAvns, par- Exciueive right ishes, precincts, and other bodies politic, or religious socic- rou/teach/rV^* ties, shall, at all times, have the exclusive right of electing «e<="''«'i- their public teachers, and of contracting with them for their support and maintenance.
And all moneys paid by the subject to the support of ^tparochiai public worship, and of the public teachers aforesaid, shall, p^^^un^i^gg^ if he require it, be uniformly applied to the support of the etc. ' public teacher or teachers of his own religious sect or de- nomination, provided there be any on Avhose instructions he attends ; otherwise it may be paid towards the sui)port of the teacher or teachers of the parish or precinct in which the said moneys are raised.
And every denomination of Christians, demeaning them- ah denomina- selves peaceably, and as good subjects of the commonwealth, protected! ^ shall be equally under the protection of the law : and no subordination subordination of any one sect or denomination to another anotherprV-^ shall ever be (>stabli'shed by law.] *'»''''«'^-
IV. The i^eople of this connnonwealth have the sole Right of self
. ,..,^ . 1 , r. government
and exclusive right ot governing themselves, as a tree, secured. sovereign, and independent state ; and do, and forever hereafter shall, exercise and enjoy every power, jurisdic- tion, and right, Avhich is not, or may not hereafter be, by them expressly delegated to the United States of America, in Congi'ess assembled.
V. All power residing originally in the people, and ^f^iTo^ffic^Jw^ 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. Xo man, nor corporation, or association of men, services ren. have any other title to obtain advantages, or particular puifuc*bem| and exclusive privileges, distinct from those of the com- p^cuiiir p Jivi-" munity, than what arises from the consideration of ser- fafromcet'^ire 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 institute and change it.
Right of people to secure rota- tion in office.
All, having the qualifications 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, l.iO. 4 Allen, 474.
Private prop- erty not to be taken for public uses without, etc.
See amend- ments, Art. XXXIX. 6 Cush. 327. 14 Gray, 155. 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 have an incontestable, unalienable, and inde- feasible right to institute government ; and to reform, alter, or totally change the same, vrhen their protection, safety, prosperity, and happiness requu-e 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 commonAvealth, having such qualifications as they shall establish by theu* frame of government, have an ecjual right to elect officers, and to be elected, for public employments. 122 Mass. 595, 596.
X. Each individual of the societ}^ 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 bod}' 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 Maes. 356, 362.
12 Allen, 223, 230. 108 Mass. 202, 213. 100 Mass. 544, 560. Ill Mass. 130.
113 Mass. 45. 127 Mass. 50, 52,
116 Mass. 463. 358, 363, 410, 413.
126 Mass. 428, 441. 129 Mass. 559.
XI. Every subject of the commonwealth ought to find a certain remed}^ by having recourse to the laws, for all injuries or wrongs which he may receive in his person, property, or character. He ought to obtain right and
COMMONWEALTH OF ISIASSACHUSETTS. 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. Xo subject shall be held to answer for any crimes Prosecutions or offence, until the same is fully and plainly, substantialh' M^kk. 211. and formally, described to him ; or be compelled to accuse, is pick'. 434. or furni.sh evidence against himself. And every subject 2yet^.'3.»'^' shall have a right to produce all proofs that may be fevor- J^qJ.^*'''j^^- able to him ; to meet the witnesses aoriinst him face to face, ^ Gray', leo.
. .8 Gray 320
and to be fully heard in his defence by himself, or his 10 Gray, u." counsel, at his election. And no subject shall be arrested, 2 AiWi.'sei.' miprisoned, despoiled, or deprived of his property, immu- •24of2w°439^~ nities, or privileges, put out of the protection of the law, i2^\„gn 170 exiled, or deprived of his life, liberty, or estate, but by the o^Mass/sTo," iudmnent of his i)eers, or the law of the land. lo'oMass. 237,
295
107 Mass. 172, 180. 118 Mass. 443, 451. 122 Mass. 332. 127 Mass. 550, 654. lOSMass. 418.
108 Mass. 5, 6. 120 Mass. 118, 120. 124 Mass. 404. 129 Mass. 559.
And the legislature shall not make any law that shall Right to trial
® .,.,•' . , ^y jury In
sub ect any iierson to a capital or intamous iiunishment, criminal cases,
• * » 6XC6Dt GtC
exceptmi;^ lor the "fovernment of the army and navy, with- s Gray, 329, 373.
i . • A. • ^ *^ 103 Mass. 418.
out trial by jury.
XIII. In criminal prosecutions, tiie verification of facts, crimes to be in the vicinity where they happen, is one of the great- vidnity!" '^^ est securities of the life, liberty, and property of the m M^ass^M, 02. citizen.
XIV. Every subject has a riffht to be secure from all Right of search
,, T.~ ■• 1 • !• *" feizure
unreasonable searches, and seizures, ot his person, his regulated. houses, his papers, and all his po.ssessions. All warrants, Amemrtiv. '* therefore, are contrary to this right, if tlie cause or founda- 5Cush.369. tion of them be not previously supported by oath or affir- J3^G?ay,^454. mation, and if the order in the warrant to a civil officer, to Jooiias^s we make search in suspected places, or to arrest one or more '^f- 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 Right to trial all suits between two or more persons, except in cases in eldp'tfeu:"**** which it has heretofore been otherwa3^s used and practised, AmencPt vif'* the parties have a right to a trial by jury ; and this method ^pig^-g^- of procedure shall be held sacred, unless, in causes arising 5 Gray, 144. on the high seas, and such as relate to mariners' wages, 11 Aiien,574, the legislature shall hereafter find it necessary to alter it. io2'Ma88.45,47.
114 Mass. 388, 390. 122 Mass. 505, 516. 125 Mass. 182, 188. 120 Mass. 320, 321. 123 Mass. 590, 593. 128 Mass. 600.
CONSTITUTION OF THE
Liberty of the press.
Right to keep and bear arms, ^-tandiug armies dangerous. Military power subordinate to civil. 5 Gray, 121.
Moral qualifica- tions for office.
XVI. The liberty of the press is essential to the secu- rity of freedom in a state : it ought not, therefore, to be restrained in this commonwealth.
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, they ought not to be
Moral obliga- tions of law- givers and magistrates.
Right of people to instruct rep- resentatives and petition legislature.
Power to sus- 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.
maintained without the consent of the legislature
and
the military power shall always 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, ju.stice, moderation, temperance, indus- try, and frugality, are absolute^ necessary to preserve the aclvantao;es of libertv, and to maintain a free o;overnment. 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 lawofivers 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 tiie 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 they 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 authoritj' 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 court or place whatsoever.
XXII. The legislatiu-e ought frequenth^ to assemble for the redress of grievances, for correcting, strengthening, and confirming the laAvs, and for making new laws, as the common good may require.
XXIII. No subsidy, charge, tax, impost, or duties ought to be established, fixed, laid, or levied, under any pretext whatsoever, Avithout the consent of the people or their representatives in the legislature.
COMMONWEALTH OF MASSACHUSETTS. 9
XXIV. Laws made to punish for actions done before et pm^t fncto the existence of such laws, and which have not been de- i^Ai^en, 42if ' clared crimes by preceding hiws, are unjust, oppressive, '*^'*28,434. and inconsistent with the fundamental principles of a free government.
XXV. No subject ought, in any case, or in any time. Legislature not to be declared guilty of treason or felony by the legis- treasCn'^etc. lature.
XXVI. No magistrate or court of law shall demand or^rtuM.'at.d"" excessive bail or sureties, impose excessive fines, or intlict <=™^' punish.
1 • y mentt", pro-
cruel or unusual punishments. 5 Gray, 482. biuited.
XXVn. In time of peace, no soldier ought to be quar- No soldier to be tered in any house without the consent of the owner ; and houllr.'^^ies^^ in time of war, such quarters ought not to be made but ^^'^' by the civil magistrate, in a manner ordained by the legis- lature.
XXVIII. No person can in any case be subject to law- citizens exempt martial, or to any penalties or pains, by virtue of that law, tiai, uniVsT^tc. except those employed in the army or nav}', 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 eu. of every individual, his life, liberty, i)roperty, and charac- court! ^"'^'"^^ ter, that there be an impartial interpretation of the laws, ?Gmy,^4V2. and administration of iustice. It is the riirht of every ^ '^}}^"• ^^J-
^ ^ *' *- •' / .Allen, ooo.
citizen to be tried by iudires as free, imijartial, and inde- loa Mass. 219,
' * ~ 221 225.
pendent as the lot of humanity will admit. It is, therefore, Tenureof their not only the best i)olic3', 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 tliey 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 cua?anTie^^f!' and judicial powers, or either of them : the executive shall ^enTg^^^'*"" never exercise the legislative and judicial powers, or either \^^^ '%l{ of them : the iudicial shall never exercise the leg-islativc IJk^f^^'^V^'^'
. *' . , PI ^100 Mass. '282,
and executive powers, or either or them : to the end it 286.
1 L c -x 1J.J? 114 MasB. 247,
may be a government or laws and not or men. 249.
116 Alass. 317. 129 Maes. 559.
10
CONSTITUTION OF THE
Title of body politic.
PAKT THE SECOND.
TJie Frame of Government.
The people, inhabiting the territory formerly called the Province of Massachusetts Bay, do hereby solemnly and mutually agree with each other, to form themselves into a free, sovereign, and independent body politic, or state, by the name of The CoJVBioisrvvEALTH of Massachusetts.
CHAPTER I
Legislative department.
For change of time, etc., see amendments, Art. X.
Governor's
veto.
99 Mass. 636.
Bill may be passed by two- tliirds of each house, uotwith- Btanding.
THE LEGISLATIVE POWER.
Section I. The 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 branch of the legislature, where it shall also be reconsid- ered, and if approved by two-thirds of the members pres- ent, shall have the force of a law : but in all such cases,
COMMONWEALTPI OF :\IASSACHUSETTS. 11
the votes of both houses shall be determined by yeas and nays ; and the names of the persons voting for, or against, tlie said bill or resolve, shall be entered upon the public records of the commonwealth.
And in order to prevent unnecessary delays, if anv l)ill i^cVso'oFad" or resolve shall not be retui-ned by the gove^-nor Avithin iheKJ!!erai°^ five days after it shall have been presented, the same shall f«"'.t«iti""
,,".._ •"■ ' tne hve days,
nave the lorce ot a law. sMass. se-. seeamend-
ITT. Tile general court shall forever have full power oenerLi court and authority to erect and constitute judicatories and jTiicatoriee"'*' courts of record, or other courts, to be held in the name o^d'etc ^ '^^^' of the commonwealth, for the hearing, trying, and deter- s^ray.i- . mining of all manner of crimes, ollences, pleas, processes, ik '^*^'^^'' plaints, actions, matters, causes, and things, whatsoever, arising or happening within the commonwealth, or between or concerning persons inhabiting, or residing, or brought within the same : whether the same be criminal or civil, or whether the said crimes be ca})ital or not capital, and whetiier the said pleas be real, personal, or mixed ; and for the awarding and making out of execution thereupon. To which courts and judicatories are herebv <'iven and CourtH.etc.
„.„,.,, ,1 i- 11 "i ^i "^ /• . '^ ^ . may administer
granted tull })ower and authority, from time to time, to oaths, administer oaths or allirmations, for the better discovery of truth in any matter in controversy or depending l)efore them.
IV. And further, full jiowcr and authoritv are hereby General court given and granted to the said general court, from time to ^«>' ^"'''^^ i^^'^- time to make, ordain, and establish, all manner of whole- ^AUe^/.an. some and reasonable orders, laws, statutes, and ordinances, ^j^^^"^"' "3. directions and instructions, either with penalties or with- loo'Mass. 544. out; so as the same be not repugnant or contrary to this iieMass. 46-, constitution, as they shall judge to be for the good and *^Ly enact welfare of this commonwealth, and for the frovernment ^°'"*'®*''-'"°'
1 1 • ii ,• 1 /. 1 , . . '^ repueuant to
and ordering thereof, and of the subjects of the same, and the constitution. for the necessary support and defence of the government ' ^°' '^^^' thereof; and to name and settle annuallv, or provide bv mav provide fixed laws for the naming and settling,"^ all civil officers X'poSeTt within the said commonwealth, the election and consti- ?f/*M^!r«no tution of Avhom are not hereafter in this form of govern- ment otherwise provided for; and to set forth the several may prescribe 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 ^j^jg coiistitutioii : aiid to iiiipose aiid levv proportional
may impose ' i iiii
taxes, etc. and reasonable assessments, rates, and taxes, upon all the
ments, Art. inhabitants of, and persons resident, and estates lyinff,
12 M'ass. 252. witliin tlic Said commonwealth ; and also to impose and
eAiienisi! levy reasonable duties and excises upon any produce,
idUuenfts's!^^" goods, warcs, merchandise, and commodities, whatsoever,
i2Aiien'7T223 t)rought iuto, produccd, manufactured, or being within
235, 238, 240, the sauic ; to be issued and disposed of by warrant, under
3i3;5oo,'6i2! the hand of the governor of this commonwealth for the
100 Mass. 285. time being, with the advice and consent of the council,
101 Mass. o, ^^^, ^1^^ public service, in the necessary defence and sup- 114 Mass Jss! poi't of tlic government of the said commonwealth, and iie'Mass 461. ^^^ protection and preservation of the subjects thereof, 118 Mass. 386, according to such acts as are or shall be in force within
123'Mass. 493, the SaUlC.
127'Mass. 413. And whilc the public charges of government, or any
ta^sViT^tTbe P^^'^ thcrcof, shall be assessed on polls and estates, in the
disposed of for manner that has hitherto been pmctised, in order that
defence, protec- i • i i- i i n
tion, etc. such asscssmeuts may be made with equaiit}'', there shall
Valuation of b© a Valuation of estates within the commonwealth, taken
to!fl^4rs'^'ft'° anew once in every ten years at least, and as much oftener
least, while, etc. as the ffcneral court shall order.
8 Allen, 24/. ~
126 Mass 547
* For the authority of the general court to charter cities, see amendments, Art. II.
CHAPTER I.
Section H.
Senate.
KdbT^^^'' Article I. [There shall be annually elected, by the whom elected, freeholders and other inhabitants of this commonwealth,
Superseded hy , • i i /»
amendments, (Qualified as lu this constitutiou IS provided, forty persons which was also to bc couucillors and senators for the year ensuing their amen'dmen'te^^ clcction ; to bc choscu by the inhabitants of the districts Art. XXII. jj^^Q 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 respective districts , shall govern themselves by the pro- portion of the public taxes paid by the said districts ; and uTco'un^iiOTs*^ timely make known to the inhabitants of the common- eee amend- ' wealth the limits of each district, and the number of coun- ;xvi. ' ■ cillors and senators to be chosen therein ; provided, that the number of such districts shall never be less than thir-
isions as to ions of per-
COMMONWEALTH OF :srASSACHU SETTS. 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, dfsSu.untu. until the general court shall determine it necessary to etc. alter the said districts, be disti-ict^ for the choice of coun- cillors and senators, (except that the counties of Dukes County and Xantucket shall form one district for that pur- pose) and sluill elect the following number for councillors and senators, viz. : — Sutlblk, six ; Essex, six ; ^Middlesex, five ; Ham})shirc, four ; Plymouth, three ; Barnstable, one ; Bristol, three ; York, two ; Dukes County and Nantucket, one; AVorcester, five ; Cumberland, one; Lincoln, one; Berkshire , two . ]
II. The senate shall be the first branch of the legislat- ^i^*°°"choling ure ; and the senators shall be chosen in the following: man- senators and
• iri^Ar'i' councillors, see
ner, viz. : there shall be a meetmg on the [iirst Alondav in amendments, April,] aniuially, forever, of the inhabitants of each town xv!' a's" in the several counties of this commonwealth ; to be called amendmem!, by the selectmen, and warned in due course of law, at p^[.l^{^ least seven days before the [first Monday in April,] for ^^fJ^IJI^^^j the purpose of electing persons to be .senators and conn- seded by amend- cillors; [and at such meetings every male inhabitant of m.' xx., twenty-one years of age and upwards, having a freehold xxx.,xxxi. estate within the commonwealth, of the annual income of word'"hihabi. three pounds, or any estate of the value of sixty pounds, ^e"*^!,'!,^^;^^^'!,^. shall have a ridit to "five in his vote for the senators for ment» Art
O c? ... -141 AAlU., which
the district ot which he is an inhabitant.] And to remove was annulled by all doubts concerning the meaning of the word " inhabi- 12 dray, 21.' tant" in this constitution, every person shall be considered 122 Mass. o9o, 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 Selectmen to
. , ,. preside at town
such meetings impartially ; and shall receive the votes ot 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, Ketum of votes. who shall make a fair record, in presence of the select- men, and in open toAvn 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 ab to cities see
11 11 1 1 11 1 11 amendments,
the selectmen and the town clerk, and shall be sealed up, Art.n. directed to the secretary of the commonwealth for the time being, with a superscription, expressing the purport
14
CONSTITUTION OF THE
Time changed to first Wednes- day of January. See amend- ments, Art. X.
Inhabitants of unincorporated plantations, who pay state taxes, may vote.
Plantation meetings. Time of elec- tion changed by amendments, Art. XV. Assessors to notify, etc.
Governor and council to ex- amine and count votes, and issue summonses. Time changed to first Wednes- day in January by amendments. Art. X. Majority changed to plurality by amendments. Art. XrV.
Senate to be final judge of elections, etc.,
of the contents thereof, and delivered by the town clerk of such towns, to the sherifl' of the county in which such town lies, thirty days at least before [the last Wednes- day in May] annually ; or it shall be delivered into the secretary's office seventeen days at least before the said [last Wednesday in May :] and the sheriff of each county shall deliver all such certificates by him received, into the secretary's office, seventeen days before the said [last W^ednesday in May.]
And the inhabitants of plantations unincorporated, qualified as this constitution provides, who are or shall be empowered and required to assess taxes upon them- selves toward the support of government, shall have the same privilege of voting for councillors and senators in the plantations where they reside, as town inhabitants have in theh' respective towns ; and the plantation meet- ings for that purpose shall be held annually [on the same first Monday in April] , at such place in the plantations, respectivel}^ as the assessors thereof shall direct ; which assessors shall have like authority for notifying the elec- tors, collecting and retiu-ning the votes, as the selectmen and town clerks have in their several towns, by 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 thcu' 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 the}'^ shall be assessed, for that purpose, accordingly.
III. And that there may be a due convention of sena- tors on the [last Wednesda}^ in May] annually, the gov- ernor with five of the council, for the time being, shall, as soon as may be, examine the returned copies of such records ; and fourteen days before the said day he shall issue his summons to such persons as shall appear to be chosen by [a majority of] voters, to attend on that day, and take their seats accordingly : provided, nevertheless, that for the first year the 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.
IV. The senate shall be the final judge of the elec- tions, returns and qualifications of their own members, as
COMMONWEALTH OF MASSACHUSETTS. 15
pointed out in the constitution; and shall, [on the said ber"^ °'^" "*"" last Wednesday in ^lavl annually, determine and declare Time changed
11 ■" 1 T • j^ j^ 1 A. ^^ to Urm \\ ednes-
who are elected by each district to be senators [by a dayof jammry majority of votes; and in case there shall not appear to nfenK^Art. x. be the full number of senators returned elected by a ^angeLo majority of votes for any district, the deficiency shall be ^mend^^enu, supplied in the following manner, viz. : The members of ^rt.xiv. the house of representatives, and such senators as shall be declared elected, shall take the names of such persons as shall be found to have the highest number of votes in such district, and not elected, amounting to twice the number of senators Avanting, if there be so many voted for ; and out of these shall elect by ballot a number of ^'1*^^°"*'*' ^'"' 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 hke manner mB^^^An. all vacancies in the senate, arising by death, removal out ^^^^^• of the state, or otherwise, shall be sup))licd 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 rigiit of a freehold, within this commonwealth, fsh^ed*!" "''°'' of the value of three hundred pounds at least, or possessed mTut™Art. of personal estate to the value of six hundred pounds at ^'^i- .,
i , ^ f or further pro-
least, or of both to the amount of the same sum, and] who vision as to
has not been an inhabitant of this commonwealth for the aUo amend-
space of five years immediately jH'eceding his election, and, xxii.' *
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 thi^"two™a78. time.
VII. The senate shall choose its own president, ap- shaii choose
. . ^ 1 ,• ''^ oUicers and
point its own oincers, and determine its own rules of establish its proceedings.
VIII. The senate shall be a court with full authority ehaiitryaii 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 impartiall}^ 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 amendmente. Arts. XXII. and XXXIII.
of honor, trust, or profit, under this commonwealth ; but the party so convicted shall be, nevertheless, liable to indictment, ti'ial, judgment, and punishment, according to the laws of the land.
IX. [Not less than sixteen members of the senate shall constitute a quormn for doing business.]
Representation of the people.
Repreeenta- tives, by whom chosen. Superseded by amendmeute, Arts.XU. 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 fine in case, etc.
Expenses of travelling to and from the general court, how paid. Ajinulled by Art. XXXV.
Qualifications of a repre- sentative.
CHAPTER I.
Section IH.
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 equalit3^
II. [And in order to provide for a representation of the citizens of this commonwealth, founded upon the prin- ciple of equalit}', 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 tlu-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 tunc to tune to mipose 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 ever}^ 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.]
in. Eveiy member of the house of representatives shall be chosen b}' written votes ; [and, for one year at
COMMONWEALTH OF MASSACHUSETTS. 17
least next preceding: his election, shall have been an inhab- New provision itant of, and have been seised in his own riirht of a tree- seeamend- hold of the value of one hundred pounds within the town xxT' '^'^" he shall be chosen to represent, or any ratable estate to ficauons al"""" the value of two hundred iiounds : and he shall cease to J^hed by amend-
. ' , . . , raents, Art.
represent the said town immediately on his ceasing to be xiii. qualified as aforesaid.]
IV. [Every male person, being twenty-one years of ^f".f^."tg"°°* affe, and resident in anv particular town in this common- These pro-
f^ , . , .• * ,. , . visions super-
wealth tor the space ot one year next preceamu-, having a sededby freehold estate within the said town of the annual income Arts"m!"xx.. of three pounds, or any estate of the value of sixty pounds, xxxl'xxxi. shall have a riji-ht to vote in the choice of a representative »'"' xxxii.
p ^ bee also aineiid-
or representatives for the said town.] inents, Art.
V. [The members of the house of representatives shall wasnniluiiedby be chosen annually in the month of ^lay, ten days at least r "ge„t^" before the last AYednesdav of that month.] tives, when
-> cnoeen.
Time of election changed by amendments, Art. X., and changed a^alo by amendments,
Art. XV.
VI. The house of representatives shall be the m-and noueeaione
11 in- 1 ""* impeach.
inquest of this commonwealth ; and all impeachments made by them shall he heard and tried by the senate.
VH. All monev bills shall originate in the house of HouBetoorigi-
~ 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 dky'sV^*"*^" not exceed two days at a time.
IX. [Not less than sixty members of the house of Quorum, see
L , •/ ™ , . . amendments,
representatives shall constitute a quorum for doing busi- Arts. xxi. and ness.]
X. The house of representatives shall be the iudsre of To judge of
I • t Tf' • ,' • •' o returns, etc., of
the returns, elections, and qualiiications oi its own mem- its own mem- bers, as pointed out in the constitution ; shall choose their itsomcersand own speaker ; a])point their OAvn officers, and settle the ruiL.'etc.'*^ rules and orders of proceeding in their own hou.se. They May punish shall have authority to punish by imprisonment ever}^ offences"" person, not a member, who shall be guilty of disrespect i-^ tfray, 226. to the house, by an}' 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 bod}' 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 members.
Senate. Oovemor and council may punish.
tjeueral 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 assembh'.
XL The senate shall have the same powers in the like cases ; and the governor and council shall have the same authority to punish in like cases : provided, that no impris- onment on the warrant or order of the governor, council, senate, or house of representatives, for either of the above described ofl'ences, be for a term exceeding thirt}^ 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 wa}' as they may respectively think best.
CHAPTEE II
Governor.
His title.
To be chosen annxially. Qualifications. See amend- ments, Arts, VII. and
xxxrv.
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 staled — The Governor of the Co^DioxwEALTH OF INIassachusetts ; and Avhose title shall be — His Excellency.
II. The governor shall be chosen annually ; and no person shall be eligible to this oiBce, 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 Cln-istian 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 pmpose, 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
C0:VOI0XWEALTH OF MASSACHUSETTS. 19
a list of the persons voted for, with the nunibor 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- As to cuiea. see ration thereof in the said meeting ; and shall, in the pres- A"?f. n™^°^^* ence of the inlia])itants, seal up copies of the said list, attested by him and the selectmen, and transmit the same to the sheriff of the county, thirty days at least before the riast Wednesdav in ]Mavj ; and the sheriii' shall transmit Time changed the same to the secretary s omce, seventeen days at least day of January before the said [last "Wednesday in May] ; or the select- menu.^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 ^Nlay], to be by them changed to examined ; and in case of an election by a [majority] of all ameMdments, the votes returned, the dioice shall bo by them declared '^^'"'- ^^"^'• and published ; but if no person shall have a [majoritv] of wheVno^per'son votes, the house of representatives shall, by ballot, elect ^'*'"'''^"'^"'J'- two out of four persons Avho hjjd 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 governor shall have authority, from time to Power of gov. time, at his di-;erotion, to assemble and call together the governor and councillors of this conmiouAvealth 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, agTeeably to the constitution and the laws of the land.
V. The governor, with advice of council, shall have Mayadjoumor full power and authority, during the session of the gen- geuerfrcourt eral court, to adjourn or prorogue the same to any time andcon?enl*' the two houses shall desire ; [and to dissolve the same on Art'cTdilsoiu- the day next precediuix the last Wednesday in May ; and, tion see amend- in the recess ot the said coiu't, to prorogue the same irom
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
Ab to dissolu- tion, see amend- ments, Art. X.
Governor and council may adjourn the gen- eral court in caBCB, etc., but not exceeding ninety days.
Governor to be commander-in- chief.
Limitation.
happening, whereby danger may arise to the health or lives of the members from their attendance, he may direct the session to be held at some other, the most convenient place within the state.
[And the governor shall dissolve the said general court on the day next preceding the last Wednesdav in May.]
VI. In cases of disagreement between the two houses, with regard to the necessit}^ expediency, or tune 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.
Vn. The governor of this coinnion wealth, for the time beino;, shall be the commander-in-chief of the armv and navy, and of all the military forces of the state, by sea and land ; and shall have full power, by himself, or by any commander, or other officer or officers, from time to time, to train, instruct, exercise, and govern the militia and nav}^ ; and, for the special defence and safety of the commonwealth, to assemble in martial array, and put in warlike postm^e, the inhabitants thereof, and to lead and conduct them, and Avith them to encounter, repel, resist, expel, and pm-sue, by force of anns, as well by sea as by land, within or without the limits of this commonwealth, and also to kill, slay, and desti^oy, if necessary, and con- quer, by all fitting wa^'S, enterprises, and means whatso- ever, all and every such person and persons as shall, at any tmie hereafter, in a hostile manner, attempt or enter- prise the destruction, invasion, detriment, or annoyance of this conmion wealth ; and to use and exercise, over the army and navy, and over the militia in actual service, the laAv-martial, in time of war or invasion, and also in time of rebellion, declared b}'^ the legislature 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
CO:\LMOXWEALTH OF ^MASSACHUSETTS, 21
granted, or hereafter to be gmnted to him by the legis- latui-e, transi^ort an}' of the inhabitants of this common- wealth, or oblige them to march out of the limits of the same, Avithout theii* free and voluntary consent, or the con- sent of the general court ; except so fiir 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 oli'ence.s, except such Governor and as persons may be convicted of before the senate by an pardon offences, 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 partA' pleadin<; the same. But not before
.•,i,i' 1 *j»i*~ • CDnviction.
notwithstanding any general or particular expressions 109 Maes. 323. contained therein, descriptive of the offence or offences intended to Ix' ])ardoned.
IX. All judicial officers, [the attorney-general,] the judicial oai- solicitor-gcneral, [all sheriffs,] coroners, [and registers of nomiimted''a'*n'd probate,] shall be nominated and appointed by the gov- K'o'rprotwone ernor, bv and Avitli the advice and consent of the council ; n^ to election
J ••111 1 ' attorney-
and everv such nomination shall be made bv the jjovernor, general, see
J ■,' , ■, T . , ' P amendmente,
and made at lea>t seven days prior to such a})pointment. Art. xvii.
For provision as to election of sheriffH, 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 Miutia officers, elected by the written votes of the train-band and alarm umiLtionof list of their respective companies, [of twenty-one years bf.Vme"n'if. °"* 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, by standing laws, direct 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-o^enerals shall be aiipointed bv the senate and Major-generais,
•1 x» 1^' 1 I • " • how appointed
house ot representatives, each having a negative upon the audcommis- other ; and be commissioned by the governor.
For provisions as to appointment of a commissary-general, see amendments, Art. rv.
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
OflBcere duly commiBBioned, how removed. Superseded by amendments, Art. IV.
Adjutants, etc., how appointed.
Army officers, how appointed.
Organization of militia.
Money, how drawn from the treasury, except, etc. 13 Allen, 593.
All public boards, etc., to make quarterly returns.
tions, after being duly notified, according to the laws for the time being, then the governor, with advice of council, shall appoint suitable persons to fill such offices.
[And no officer, duly commissioned to command in the militia, shall be removed from his office, but by the address of both houses to the governor, or by fair trial in com*t- martial, pursuant to the laws of the commonwealth for the time being.]
The 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.
The governor, with advice 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- Avealth shall ap})oint, as also all officers of forts and garrisons.
The divisions of the militia into brigades, regiments, and companies, made in pursuance of the militia laws now in 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 laAV.
XI. No moneys shall be issued out of the treasury of this commonwealth, and disposed of (except such sums as may be 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 necessar^^ 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.
XII. All public boards, the commissary-general, all 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 ever}^ tliree 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 with theu' appendages, and small arms with their accoutrements, and of all other public property whatever under their care respectivel}^ ; distinguishing the quantity, number, quality and kind of each, as particu- larly as ma}^ be ; together with the condition of such forts and garrisons ; and the
said commanding officer shall
COMMONWEALTH OF :^IASSACHUSETTS. 23
exhibit to the governor, when required b}^ 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 may be after receiv- ing the same, all letters, despatches, and intelligences of a public nature, which shall be directed to them respectiveh'.
XIII. As the public good requires that the governor salary of should not be under the undue influence of any of the soyernor. 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 chainicter of its chief magis- trate, it is necessary that he should have an honorable stated salary, of a fixed and permanent value, anqily 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 j«6.
... J. , • T • 1 i. tices of supreme
lished by law for tiie justices of the supreme judicial com-t. judicial court. And if it shall be found that any of the salaries afore- saiadestobe
,.,1 . ... "^1 iiii- J.' enlarged if
said, SO established, are msulhcient, they sliall, from time insufflcieut. 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, utie and quaii- whose title shall be — His Honor; and who shall be amendraentsr qualified, in point of [religion,] [property,] and residence xxxiv"'*"''^ in the commonwealtli, 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 how chosen, votes for this officer, and the declaration of his election, shall be in the same manner ; [and if no one person shall p/Sty^ro- be found to have a majority of all the votes retiu-ned, the ^'j^^^dment's, vacancy shall be filled by the senate and house of repre- Art. xiv.
24
CONSTITUTION OF THE
President of council. Lieutenant- governor a member of, except, 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 his absence the lieutenant- governor, shall be president of the council, but shall have no vote in council ; and the lieutenant-governor shall alwa3^s be a member of the council, except when the chair of tlie governor shall be vacant. Lieutenant- jjj Whenever the chair of the governor shall be
governor to be o
acting governor, yacant, bj rcasou of his death, or absence from the com- monwealth, 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 Avith, when 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 settling 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, Avhom the governor, for the time being, shall have full poAver 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 time, hold and keep a council, for the order- ing and directing the atfairs of the commonAvealth, accord- ing to the laAvs 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 Avhole number of nine persons Avho Avill 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 A'car. The seats of the persons thus elected from the senate, and accepting the trust, shall be vacated in the senate.]
COMMONWEALTH OF MASSACHUSETTS. 25
IH. The councillors, in the civil arrangements of the Rank of
' • 1 T i i. councillors.
commonwealth, shall have rank next alter the lieutenant- governor.
IV. [Not more than two councillors shall be chosen No district to
L . 1 . Ill have more than
out of anv one district ot this commoinvcaltli.J two.
Superseded by amendments, Art. XVI.
V. The resolutions and advice of the council .shall be ueguterof recorded in a register, and signed by the members present ; ''°'^°" ' and this record may be called for at any time by either
• hou.se 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 licutcn- council to eser.
, ,, , , , ^ /» 1 i.1 I cise the power
ant-governor shall be vacant, by rea.son oi death, aa^ence, ofKovemorin or othci-Avisc, then the council, or the major part of them, «='^»«>«*<=- shall, during such vacancy, have full jiower and authority to do, and execute, all and every sudi 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 ])rc.-<ent.
VH. rAiul whereas the elections ai)i)oint('d to be made. Elections may
,."-.. 11, TT- 11 • AT be adjourned
by this constitution, on the last u ednesday in .May annu- until, etc. ailv, by the two houses of the legislature, may not be completed on that dav, the said elections mav be adjourned from dav to dav until the same shall be completed. And ^,^J«/,,S°by the order of elections shall be as follows : the vacancies in ^^^'J^^^^i'^^-^j 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, Commissary, etc. Akticle I. [The secretary, treasurer and receiver- secretary, etc.,
, L . "i J. ' ^u^• JT by whom and
genei-al, and the commissary-general, notaries public, and J how chosen. naval officers, shall be chosen annually, by joint ballot of fo^eiSTof*^ the senators and representatives in one room. And, that urer^In'/re'^""' the citizens of this commonw^ealth may be assured, from ^^^"«;„f,XTand time to time, that the moneys remaining in the public f/^''™^^-!^"^^. treasury, upon the settlement and liquidation of the pub- me^s. Art.
26
CONSTITUTION OF THE
Treasurer in- eligible for more than five successive years.
Secretary to keep records ; to attend the governor and council, etc.
lie accounts, are their property, no man shall be eligible as treasurer and receiver-general more than five 3'ears successivel3^
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.
CHAPTER 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 Cueh. 584.
For removal of justices of the peace, see amendments, Art. XXXVn.
Pro^^sion6 for
holding probate
courts.
12 Gray, 147.
JUDICIARY POWER.
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 during good behavior, excepting such concerning whom there is diflerent provision made in this constitution : provided, nevertheless, tlie governor, with consent of the council, mav 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 an}^ justice of the peace who shall fail of discharging the important duties of his office with abilit>^ or fidelity, all commissions of justices of the peace shall expire and become void, in the term of seven vears from their respective dates ; and, upon the expira- tion of an}^ 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 courts 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 direct.
COMMOXAYEALTH OF MASSACHUSETTS. 27
V. All causes of marriage, divorce, and alimony, and ^*"c"e^*^nd
all ai^peals from the judo^es of probate, shall be heard and alimony. 1 -11 1 •' J^ i ' .,11. Other pro-
determined by the governor and council, until the legis- ^■iBions made
lature shall, by law, make other provision. ids KTasB. 327.
116 Mass. 317.
CHAPTER IV.
DELEGATES TO CONGRESS.
[The deleo^ates of this commonwealth to the consrcss of Delegates to the United States, shall, some time in the month of June, annualh', 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 jVIonday in November then ne.xt ensuing. Thcv shall have commissions under the iiand of the jrovernor, and the great seal ot 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. AVhereas our wise and pious ancestors, so Harvard earW as the vear one thousand six hundred and thirty-six, ^°"*'2®- laid the foundation of Harvard College, in Avhich 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 whereas the encouragement of arts and sciences, and all good literature, tends to the honor of God, the advantage of the Christian religion, and the great benefit of this and the other United States of America, — it is declared, that the President and Fellows of powers, pnvi- Harvard College, in their corporate capacity, and ihfpretuient their successors in that capacity, their ofiicers and ser- confi^rmel.^' vants, shall have, hold, use, exercise, and enjoy, all the powers, authorities, rights, liberties, privileges, immuni- ties, and franchises, which the}^ now have, or are entitled
28
CONSTITUTION OF THE
All gifts, grants, etc., confirmed.
Who shall be overseers.
See Statxites,
1851, 224.
1852, 27. 1859, 212. 1865, 173. 1880, 65.
Power of altera- tion reserved to the legislature.
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 officer-s 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 conve}^- 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.
HI. 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 ffov- crnor, deputy-governor, and magistrates ; it is declared, that the governor, lieutenant-governor, council, and sen- ate of this commonwealth, are, and shall be deemed, theu' successors, who, with the president of Harvard College, for the time being, together Avith 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 appertaining to the overseers of Harvard College ; provided, that nothing herein shall be construed to pre- vent the legislature of this commonwealth from makinsf 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.
COMMONWEALTH OF ^LiSSACHUSETTS. 29
CHAPTER .V.
Section H.
TJie Encouragement of Literature, etc.
Wisdom and knowledge, as well as virtue, diflused gen- Duty of legisiat- erally among the body of the people, being necessary for ieuatesln'Tif" the preservation of their rights and liberties ; and as these ror'furtherpro- depend on spreadino; the opportunities and advantaijes of visicneasto
^..^ S 11 C public schools,
education in the various parts oi the countr}', and among seeamend- the difierent orders of the people, it shall be the duty xviii. of legislatures and magistnites, in all future periods of 503^^^°'"*^''" this commonwealth, to cherish the interests of literature 102 irass. 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 inmiunities, for the pro- motion of agriculture, arts, sciences, commerce, trades, manufactures, and a natural history of the country ; to countenance and inculcate the principles of humanity and general benevolence, public and i)rivate charity, industry and frugality, honesty and punctualitj' in thek" dealings ; sincerity, good humor, and all social aflections, 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. [An}'- 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
t 1 r. . /. . , , amendments,
gion, and have a lirm persuasion 01 its truth ; and that I Art. vu, am seised and possessed, in my own right, of the propertj'^ required b}'' 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 assembl}^ ; and 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 eveiy person chosen to either of the places or oiBces aforesaid, as also any person appointed or commis- sioned to any judicial, executive, militery, 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 Avill defend the same against traitorous conspiracies and all hostile attempts Avhatsoever ; 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 fiu-ther 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 words, -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
COISOIONWEALTH 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, ["/rfo swear" " and abjure^"" *' oath or" " and abjuration" in the first oath, and in the second oath, the words] ' ' sivear and," and [in each of them] the words " So help me, God;" subjoining instead thereof, " This I do nnder the jMins and 2)enalties of perjury."
And the said oaths or affirmations shall be taken and affirmations subscribed by the governor, licutenant-ijovernor, and coun- how adminis- 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.
II. No governor, lieutrnunt-governor, or judge of the Plurality of supreme judicial court, shall hokl any other office or place, hibUed^uTgov- under the authority of this commonwealth, except such as exceptretc'. by this constitution they are admitted to liold, saving that mentr^rt. the judges of the said court may hold the offices of justices ^'^'^' of the peace through the state ; nor shall they hold any other place or office, or receive any pension or salary from an}' other state or government or poAver whatever.
Xo person shall be ca})able of holding or exercising at i^®en'^5^|°'- 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, Avhicli 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.
Ko person holding tlie office of judge of the supreme incompatible judicial court — secretary — attorney-general — solicitor- F?r*^further pro- general — treasurer or receiver-general — judge of probate rncompruwe
— commissary-general — [president, professor, or instruc- a^^gudj^ents tor of Harvard Collcijel — sheriS' — clerk of the house of Art. viii. '
o J Officers of Har-
representatives — register of probate — register of deeds vardooUege
— 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 officeB,
Bribery, etc., diBqualiiy.
Value of money ascertained.
Property quali- fications may be increased. See amend- ments, Arts, Xni. 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. 53i.
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 com't, or judge of probate, shall accept a seat in council ; or any councillor shall accept of either of those offices or places.
And no person shall ever be admitted to hold a seat in the legislature, or an}'^ office 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 mone}^ 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 propert}^ 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 writs, issuing out of the clerk's office in any of the courts of law, shall be in the name of the Common- Avealth of Massachusetts ; they shall be under the seal of the court from whence the}'^ 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 b}^ the clerk of such court.
VI. All the laws which 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 ^vrit of habeas corpus shall be enjoyed in this commonwealth, in the most free, easy, cheap, expeditious, and ample manner ; and shall not be suspended by the legislature, except upon the most urgent and pressing occasions, and for a limited time, not exceeding twelve months.
COMMONWEALTH OF ]MASSACHUSETTS. 33
VIII. The enacting style, in making and passing all J^ljf/"^*'""* acts, statutes, and laws, shall be — "Be it enacted by the Senate and Hou.se of liepresentatives in General Court assembled, and by the authority of the same."
IX. To the end there may be no failiu-e of justice, or officers of danger arise to the commonwealth from a chance of the me^t^conunued form of government, all officers, civil and military, hold- "° ''**=• ing commissions under the government and people of Massachusetts Bay in Xew 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 granted or committed, until other persons shall be appointed in their stead ; and all coiu-ts of law shall proceed in the execution of the business of their respective departments ; and all the executive and Icgi-^lative officers, bodies, and powers shall continue in full force, in the enjoyment and exercise of all their trusts, employments and authority ; until the general court, and the supreme and executive offi- cers under this constitution, are designated and invested with their respective trusts, poAvers, and authority.
X. [In order the more eflectually to adhere to the Provieionfor principles of the constitution, and to correct those viola- Btuution!'""' tions which by any means may be made therein, as well p^o^tsiouaf to as to form such alterations as from experience shall be g^^am^nX^"' 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 seveml
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 pm'pose 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- Provieionfor thirds of the qualified voters throughout the state, who Btuutumr"' shall assemble and vote in consequence of the said 'pre- cepts, are in favor of such revision or amendment, the general coiu'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
Provision for preserving and publisliingthis constitution.
XI. This form of government shall bo enrolled on 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 commonwealth, 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 Mass. 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., XXXII. and XL. 11 Pick. 538, 540. 14 Pick. 341. 14 Mass. 367. 5 Met. 162, 298, 691, 594.
ARTICLES OF AMENDMENT.
Article I. If any bill or resoh'e shall be objected to, and not approved by the governor ; and if the general coiu'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 b}^ 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 coni- mouAvealth, and to gTant to the inhabitants thereof such powers, 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 retm^ning the votes given at such meetings. Provided, that no such government shall be erected or constituted in any town 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 b}' such municipal or city government, shall be subject, at all tmies, to be annulled by the general com*t.
Art. III. Every male citizen of twenty-one years of age and upwards, excepting paupers and persons under guardianship, who shall have resided within the common- wealth one year, and within the town or district in which he may claim a right to vote, six calendar months next preceding an}^ election of governor, lieutenant-governor, senators, or representatives, [and who shall have paid, by himself, or his parent, master, or guardian, any state
COMMONWEALTH OF MASSACHUSETTS. 35
or county tax, which shall, within two years next preced- L^^^J'-^^?-. ins: such election, have been assessed upon hmi, in any 597.
o ' 1 ' •/ 124 Mass 596
town or district of tliis commonwealth; and also every For educational citizen who shall be, by law, exempted from taxation, gecTamTnd!"' and who shall be, in all other respects, qualified as above Fo^provL^'^' mentioned,] shall have a right to vote in such election of ^ave senedTn ° governor, lieutenant-£:overnor, senators, and representa- the army or
o ' o in '11 • navy in time
tives ; and no other person shall be entitled to vote in of war, see
, ■■ . aiueiidments,
such election. Arts.xxviii.
See also amendments, Art. XXm., which was annulled by amendments, Art. XXVI.
Art. IY. Notaries ])ublic shall be appointed by the Notaries puuic,
.1 . T . , ,,. " how appointed
governor in the same manner as judicial omcers 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 ^^e1it"!ut'. legislature. xxxvii.
[In case the office of secretary or treasurer of the com- vacancies in the
1,1 1 n 1 f I' J ' offices of secre-
monwealth shall become vacant irom any cause, dm-ing tary and treas- the recess of the general court, the governor, with the TWsciause"^*^" advice and consent of the council, shall nominate and ame^Jdme^^tJ'^ appoint, under such regulations as mav be prescribed An. xvii. by law, a competent and suitable person to such vacant office, Avho shall hold the same until a successor shall be appointed by the general court.]
Whenever the exigencies of the commonwealth shall g^^^l^mJybe require the appointment of a commissary-fjencral, he shall appointed, lu
, . T . 1 1 . . ^-t . I case, etc.
be nominated, appointed, and commissioned, in such man- ner as the legislature may, by law, prescribe.
All officers commissioned to command in the militia Mmtia offlcers,
, -i rt fl? • 1 J 1 1 • how removed.
may be removed irom office m such manner as the legis- lature ma}^ by law, prescribe.
Art. Y. In the elections of captains and subalterns who may vote of the militia, all the members of their respective compa- eubafternT.^ *°*^ nies, as well those under as those above the age of twenty- one 3'ears, shall have a right to vote.
Art. VI. Instead of the oath of allegiance prescribed byl^/offldrs.^" by the constitution, the folio wino- oath shall be taken and fS^^rT^\'^ t
•^ . ' o ^ 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 THE
Quakers may Providecl, That when any person shall be of the denomi-
afflrm. nation called Quakers, and shall decline taking said oath,
he shall make his afBrmation 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." TeetB abolished. Art. VII. No oatli, declaration, or subscription, ex- cepting the oath prescribed in the preceding article, and the oath of oiBce, shall be required of the governor, lieuten- ant-governor, councillors, senators, or representatives, to qualify them to perform the duties of their respective offices. SoZfes"^""^ Art. VIII. No judge of any court of this common- 122 Mass. 445, wealth, (cxccpt the com't of sessions,) and no person i23'Ma6B. 525. 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 an}'' 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 an}^ 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. ^™^°fu«onf *° Art. IX. If, at an}^ time hereafter, anj^ 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-thu-ds 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 yeas and nays taken thereon, and referred to the general court then next to be chosen, and shall be published ; and if, in the general court next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of the senators and two-thu-ds 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
COMMOXAVEALTPI OF MASSACHUSETTS. 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 meetinirs 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
^^ or Doliticul
Wednesday of Januarv, 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 i)roceed, 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 AVednesday of May. And the general court shall be tjjfn"*^ *"'"^°*' 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 general court from assembliiiir at such other times as the}'' shall judge neces.sary, or when called together by the governor. The governor, lieutenant-governor and coun- cillors, .shall also hold their respective offices for one year next following the first Wednesday of January, and until others are chosen and qualified in their stead.
[The meetino- for the choice of ofovernor, lieutenant- Meetings for the
L o .^ I n , 1 1 1 choice of gov-
ffovernor, senators, and representatives, .shall be held on emor.iieuteu-
i 1 1 -\ r 1 r- -vT , • 1 . ant-governor,
the second Monday ot JSovember m every year; but etc., when to be meetings may be adjourned, if necessary, for the choice ThiVcL-mse of representatives, to the next day, and again to the next um^et'draemay succeeding day, but no further. But in case a second ^rt. 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\uto^®° October, next folloAving 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 oflicers, 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.
122Ma6B.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.
the following modification and amendment thereof
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 vu*tue of this article, shall be had conformably thereunto, in the month of November following the day on which the same shall be in force, and go into operation, pursuant to the foregoing provision.
All the provisions of the existing constitution, incon- sistent with the provisions herein contained, are hereby wholly annulled.
Art. XI. Instead of the third article of the bill of rights , 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 their pastors or religious teachers, to contract with them for their support, to raise mone}'' for erecting and repairing houses for public Avorship, for the maintenance of religious instruction, and for the payment of necessary expenses ; and all persons belonging to any religious society shall be taken and held to be members, until they shall file Avith the clerk of such society a Avritten 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. Xn. [In order to provide for a representation of the citizens of this commonwealth, founded upon the principles of equalit}^ a census of the ratable polls, in each city, town, and district of the commonwealth, on the first day of Ma}^, shall be taken and returned into the secre- tary's office, in such manner as the legislature shall pro- vide, within the month of Mav, 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 ^L\SSACHUSETTS. 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 three hun- dred, one representative more.
Any town having less than three hundred ratable polls toivtib having shall be represented thus : The whole number of ratable ratabij'poiis, polls, at the last preceding decennial census of polls, shall eented!^'^'^ be multiplied by ten, and the product divided by tlu-ee 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 f/prelemed^^ one or more representatives, with any number of polls beyond the necessary number, may be represented, as to that surplus number, by nmltiplying such surplus number by ten and dividing the i)roduct by four hundred and fifty ; and such city or town may elect one additional representa- tive as many years, within the ten years, as four hundred and fifty is contained in the product aforesaid.
Any two or moie of the several towns and districts Towns may may, by consent of a majority of the legal voters present ge"nuthx^df8^*** 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 detemiine, The governor within the months of July and August, in the year of our d"fenninc"h^ Lord one thousand eight hundred and thirty-seven, accord- re^sTntam-es to' ing to the foregoins: princiiiles, the number of representa- which each
. ^ I'll- 1 . ^ T . town IS entitled.
tives, which each city, town, and representative district
is entitled to elect, and the number of 3'^ears, within the
period of ten years then next ensuing, that each city,
town, and representative district may elect an additional
representative ; and where any town has not a sufficient
number of polls to elect a representative each year, then,
how man}' years within the ten years, such town may elect
a representative ; and the same shall be done once in ten New apportion-
years, thereafter, by the governor and council, and the ^aceinev^y^^
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 wlien the 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 be published forthwith for the information of the people, and that number shall remain fixed and unalterable for the period of ten j^ears. provL^onr* All the provisions of the existing constitution incon-
annuiied. sistcut witli the provisious herein contained, are hereby
wholly annulled.] £buaut°8^l"be Art. XIII. [A census of the inhabitants of each city taken in 1840 .^,^(j town, ou the first dav of Mav, shall be taken, and
and decennially ; - -^ ' ^ i i
thereafter, for returned luto the secretar3''s omce, on or before the last Bentation. day of Juuc, of tlic ycar one thousand eight hundred and cenJus'super- ° forty, and of every tenth year thereafter ; which census mentil^Art^s!"*^' shall determine the apportionment of senators and repre- xxi.andxxn. geutativcs for the term of ten years. 122 Mass. 595.
wcfs* declared The scvcral senatorial districts now existing shall be permanent. i^emianent. The senate shall consist of fortv members ;
Provisions as to i. . ^ " i r>
Benators super- and iu tlic year one thousand eight hundred and forty,
ments.Ait. and cvcrv tenth vear thereafter, the governor and council
shall assign 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
assiofned to each district.
^ntatlves'Zw' The mcmbcrs of the house of representatives shall be
apportioned. ai)nortioned in the followino' manner : Every town or city
Provisions aBto^-^.. it-ii" i
representatives Containing twclvc huudrcd inhabitants may elect one rep- mnen'dme^uts/ rcscntativc ; and two thousand fom* hundred inhabitants Art. XXI. .shall be the mean increasing number, which shall entitle
it to an additional re})resentative. h^w'iep^"^' Every town containing less than twelve hundred inhab-
sented. itauts shall be entitled to elect a representative as many
times within ten ^^ars 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, unire^nto"^ Any two or more of the several towns may, by consent
diBtricts'^^*^^^ ^^ ^ majority of the legal voters present at a leg-al 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, Avhich would belong to a town containing the same number of inhabitants.
The number of inhabitants which shall entitle a town Basiaof to elect one representative, and the mean increasing num- Ind'^^atk)*©'/""* 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, b}^ 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 L'dc^u^nciUo council shall, before the first day of September, ajiportion number""/^^ the number of representatives which each city, town, and representatrvea representative district is entitled to elect, and ascertain once in every how many years, within ten years, an}^ 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 annuall}^ chosen from among Councillors to the people at large, on the first Wednesday of January, theVop'i'e at ™ or as soon thereafter as may be, by the joint ballot of the prf^sions as to senators and representatives, assembled in one room, who cou"cmor8
1 _ ' _ ^ ' supersedea by
shall, as soon as may be, in like manner, fill up an}^ vacan- amendments,
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 ° <=°"""ii°"'
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 quaiufdftion'for be required as a qualification for holding; a seat in either a seat in general
, ., , ^ ■, . , ~ . ., court or council
branch ot the general court, or m 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 puiSlmy of ^^ 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 lieutenantr-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 THE
resentatives on that day, a second meeting shall be holden, for that purpose, on the fourth Monday of the same month of November. Eight council- Art. XVI. Eiffht councillors shall be annually chosen
lors to be choeen , • , , • p i • i i i • /• t
by the people, by the inhabitants oi this commonwealth, qualined to vote
122 MaBS 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 thereaftcrwards , shall divide the commonwealth into eight
dietnct state. ,. . ^ . . . . P
districts 01 contiguous territorj^ 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, hoioever, that if, at any 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 tune, established by the legis- detoed."^ laturc. No pcrsou shall be eligible to the office of coun- cillor who has not been an inhabitant of the commonwealth for the term of five years inmiediately preceding his elec- ne?of°kSfon ^^^^- The day and manner of the election, the return of etc. ' the votes, and the declaration of the said elections, shall
be the same as are required in the election of governor. Vacancies, how j-^vhenevcr there shall be a failure to elect the full num- Fornewpro- ^gj, Qf councillors, thc A^acancics shall be filled in the same
vision as to , . , ^ r-iT
vacancies, see manner as IS required for iilling vacancies in the senate ;
amendments, - . '■ . iiifi in xij.j.
Art. XXV. and vacancies occasioned by death, removal irom the state, or otherwise, shall be filled in like manner, as soon as may
Organization of \^q^ after such vacaucics shall have happened.] And that * there may be no delay in the organization of the govern- ment on the first Wednesday of January, the governor, with at least five councillors for the time being, shall, as soon as may be, examine the returned copies of the records for the election of governor, lieutenant-governor, and coun- cillors ; and ten daj^s before the said first Wednesday in January he shall issue his summons to such persons as appear to be chosen, to attend on that day to be qualified accordingly ; and the secretary shall lay the returns before the senate and house of representatives on the said first Wednesday in January, to be by them examined ; and in case of the election of either 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 secretary, treasurer and receiver- Election of general, auditor, and attorney-general, shall be chosen urerfauditor"^' annualljs on the day in November prescribed for the gene^rarby^the 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 3'ear from the third AVednesday 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 declamtion 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 AVednesday in January next thereafter, from the two ])crsons who had the highest number of votes for said offices on tlie day in November aforesaid, by joint ballot of Iho senators and representatives, in one room ; and in case the office of secretary, or treasurer and receiver- genei'al, or auditor, or attorneA^-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 occm' 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 ^therwk^o^ce after he could otherwise enter upon his duties, to qualify ^^tf^™®^ hmiself 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- '^"i^"**- tant of this commonwealth 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 pued^for seJta- all mone3"s which may be appropriated by the state for Fo?ori^il' the support of common schools, shall be applied to, and provision as to
44
CONSTITUTION OF THE
Bcboolfl, see
constitution,
Part First, Art.
III.
12 Allen, 500,
508.
103 Mass. 94, 96,
Legislature to prescribe for the election of sheriffs, regis- ters of probate, etc. See amendmenls. Art. XXXVI. SGraj^l. 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. XXIIL, which was annulled by amendments, Art. XXVI.
Census of legal voters and of inhabitants, when taken, etc. See P. S, 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 law, 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 laAv, for the election of sherijffs, registers of probate, [com- missioners of insolvenc}'',] and clerks of the courts, by the people of the several counties, and that district-attornej^s shall be chosen by the people of the several districts, for sucii term of office as the legislature shall prescribe.
110 Mass. 172, 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^ liow- eve)\ that the provisions of this amendment shall not apply to any person prevented by a physical disability from com- plying Avitli its retjuisitions, 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 da}^ 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 j^ear one thousand eight hundred and fift3"-seven ; and a census of the inhabitants of each city and town, in the year one thousand eight hundred and sixty-five, and of eveiy tenth 3^ear thereafter. In the census aforesaid, a special enumer- ation shall be made of the legal voters ; and in each city, said enumeration shall specif}^ 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 theu' 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-
COMMOXWEALTH OF MASSACPIUSETTS. 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- secretarj- ehaii wealth, to certify, as soon as may be after it is determined cers'authodzed by the legislature, the number of representatives to which Aunties. each county shall be entitled, to the board authorized to divide each county into re})rcsentative districts. The maj^or and aldermen of the city of Boston, the county commissioners of other counties than Suftblk, — or in lieu of the mayor and aldermen of the city of Boston, or of the county commissioners in each county other than Sutfolk, 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 tirst Tuesday of August next after each Meeting for assignment of representatives to each county, assemble at first TueKiay a shire town of their respective counties, and proceed, as Pr^efdhigs. 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 disti-icts 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 Quaiificationeof his election, shall have been an inhabitant of the district i22MlTs!^595f^" for which he is chosen, and shall cease to represent such ^^^* district Avhen 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 descriiD- de™rU)'ed and tion of each, Avith the numbers thereof and the number *=®'^''^- of legal voters therein, shall be returned b}^ 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 calling and conducting the meetings for the choice of representatives, and of ascertaining their election, shall be prescribed by law. [Xot less than one Quorum, see hundred members of the house of representatives shall i"^°ixxrfi 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 leo^al voters of each city Census, etc.
S66 P D C 31.
and town, on the first day of May, shall be taken and
46
CONSTITUTION OF THE
Voters to be basis of appor- tionment or senators.
Senate to con- sist of forty members.
Senatorial districts, etc.
See amend- ments, Art. XXIV.
Qualifications of senators.
Quorum, see amendments, Art. XXXIII.
Residence of two years re- quired of natu- ralized citizens, to entitle to suf- frage or make eligible to ofiice. 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 tentJi 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 enumeration 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 enumei*atiou, divide the commonwealth into fort}^ 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, hoicever, 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 disti-ict. 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 ma}'^ organize temporarily, adjourn from day 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 commonwealth : provided, that this amend- ment shall not aifect the rights which any person of foreign birth possessed at the time of the adoption thereof; and, provided, further, that it shall not afiect 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.
COMMONWEALTH OF MASSACHUSETTS. 47
Art. XXV. In case of a vacancy in the council, from vacancieeinthe a failiu'e of election, or other cause, the senate and house of representatives shall, by conciurent vote, choose some eligible person from the people of the district wherein such vacancy occurs, to fill that ofl5ce. 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 third of amendment of the constitution of this commonwealth, ameudmeate which is as follows, to wit: " No person of foreign birth ^'''^^^■ shall be entitled to vote, or shall bo eligible to otfice, 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 : jjrovkledy 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, farther, 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 Provis^ions^ojt of the constitution of this conmionwcalth as relates to per- vi.," reiiting to sons holding the office of president, professor, or instructor vardfcoUeger' of Harvard College, is hereby annulled. annuued.
Art. XXVIII. No person having served in the army Superseded by
/. 1 T-r • 1 rf • • /• 11 • Art. XJOU..
or navy ol the United States in time ot war, and having been honorably discharged from such service, if otherAvise 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- 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 dia- elections for governor, lieutenant-governor, senators, and reLonot ^ representatives, shall, by reason of a change of residence dencfunufs^ within the commonwealth, be disqualified from voting for g'^e^ofVemwai. said officers in the city or town from which he has removed
48
CONSTITUTION OF THE
Ameudments, Art. XXVIII. 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 conrt, to consist of a majority of members.
ProviBlons of Art. II., § I., Chap. II., Part II., relative to
Eroperty quali- cation of governor, annulled.
Provisions of Art. II., § III., 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 twenty-eight of the amendments of the constitution is hereby amended by striking out in the fourth line thereof the words " being a pauper", and inserting in place thereof the words : — receiving or having received aid from any city or 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-pa3^nent 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 cverj'" citizen who shall be, by law, exempted from taxation, and Avho 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 dsiy to day, and compel the attendance of absent members. All the provisions of the existing constitu- tion inconsistent with the provisions herein contained are herebj^ 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 words : "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 assembly, and retm^ning home, once in everj^ 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
ment of the house, and does not depart Avithout leave", is hereby annulled.
AiiT. XXXVI. So much of article nineteen of the Amendments, articles of amendment to the constitution of the common- iimended." wealth as is contained in the following: Avords : " commis- sioners of insolvency ", is hereby annulled.
Art. XXXVII. The governor, with the consent of S'inofficers. the council, may remove justices of the peace and notaries })ul)lic.
Art. XXXVIII. Votinor machines or other mechanical ^^^^"s ,
. o machines may
devices for votins: may be used at all elections under such »>eusedat
CT^ elections
regulations as may l)e prescribed l)y law : provided, hoiv- ever, that the right of secret voting shall be preserved.
Art. XXXIX. Article ten of part one of the consti- Ktafu*J,e^^® tution is hereby amended by addin<; to it the followino- relative to the words : — The legislature may bv special acts for the pur- etc., for '
/•I • ., •! . '^ " ^ ■. . i-i widenini' or
pose ot laying out, widening or relocating highways or relocating streets, authorize the taking in fee by the cominon wealth, '^'s'^^^'^J^. «*«• or by a county, city or town, of more land and property than are needed for the actual construction of such high- wa}'^ or street : provided, however, that the land and prop- Proviso. erty authorized to be taken are specified in the act and are no more in extent than would be sufficient for suit- able building lots on both sides of such highway or street, and after so much of the land or property has been ap- propriated for such highway or street as is needed there- for, may authorize the sale of the remainder for value with or without suitable restrictions.
Art. XL. Article three of the amendments to the Amendments, constitution is hereby amended by inserting after the tended, word " guardianship ", in line two, the following : — and persons temporarily or permanently disqualified by law because of corrupt practices in respect to elections.
Art. XLI. Full power and authority are hereb\' given Taxation of wiid and granted to the general court to prescribe for wild or °^ °'^^' ^° ^" forest lands such methods of taxation as will develop and conserve the forest resources of the commonwealth.
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 "Wednesday of the ensuing June. In the mean time the constitution was submitted to the people, to be adopted by
50 CONSTITUTIOX OF THE
them, provided two-thirds of the votes given should be in the affirmative. When the convention assembled, it was found that the constitution had been adojjted by the requisite number of votes, and the convention accordingly Resolved, " That the said Constitution or Frame of Government shall take place on the last Wednesday of October next; and not before, for any purjoose, save only for that of making elections, agreeable to this resolu- tion." The first legislature assembled at Boston, on the twenty- fifth day of October', 1780.
The first nine Articles of Amendment were submitted, by dele- gates in convention assembled, November 15, 1820, to the people, and by them ratified and adopted April 9, 1821.
The tenth Article was adojDted by the legislatures of the polit- ical 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 jDolitieal years 1832 and 1833, respectively, and was approved and ratified by the people November 11, 1833.
The twelfth Article was adopted by the legislatures of the political years 1835 and 1836, respectively, and was approved and ratified by the people the fourteenth day of November, 1836.
The thirteenth Article was adopted by the legislatures of the political years 1839 and 1840, respectively, and was approved and ratified by the people the sixth day of April, 1840.
The 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 peoj^le 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 i-atified by the people on the first day of May, 1857.
The twenty-thii'd Article was adopted by the legislatures of the political years 1858 and 1859, respectively, and ratified by the people on the ninth day of May, 1859, and was repealed by the twenty-sixth Amendment.
The twenty-fourth and twenty-fifth Articles were adopted by the legislatures of the political years 1859 and 1860, and ratified by the people on the seventh day of May. 1860.
COMMONWEALTH OF MASSACHUSETTS. 51
The twenty-sixth Article was adopted by the legishitures 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 rati- fied by the peoi)le on the sixth day of November, 1877.
The twenty-eighth Article Avas adopted by the legislatures of the political years 1880 and 1881, and was approved and ratified by the people 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 approved and ratified by the people on the third day of November, 1885.
The thirtieth and thirty-first Articles were adopted by the legis- latures of the political years 1889 and 1890, and were approved and ratified by the people on the fourth day of November, 1890.
The thirty-second and thirty-third Articles were adopted by the legislatures of the political years 1890 and 1891, and were ap- proved 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 by the people on the seventh day of November, 1893.
The thirty-sixth Article was adopted by the legislatures of the political years 1893 and 1894, and was approved and ratified by the people on the sixth day of November, 1894.
The thirty-seventh Article was adopted by the legislatures of the political years 1906 and 1907, and was approved and ratified by the j^eople on the fifth day of November. 1907.
The thirty-eighth Article was adojited by the legislatures of the political years 1909 and 1910, and was approved and ratified by the people on the seventh day of November, 1911.
The thirty-ninth Article was adopted by the legislatures of the political years 1910 and 1911, and was approved and ratified by the people on the seventh day of November, 1911.
52 CONSTITUTIOX OF MASSACHUSETTS.
The fortieth and forty-first Articles were adopted by the legis- latures of the iDolitical years 1911 and 1912, and were approved and ratified by the people on the fifth day of November, 1912.
[A proposed Article of Amendment prohibiting the manufac- ture and sale of Intoxicating Liquor as a beverage, adopted by the legislatures 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 1896, were rejected by the people at the annual election held on the third day of November, 1896.]
INDEX TO THE CONSTITUTION.
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 officers 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 Uberty, 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, wliile 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 quaUfied, 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
[55]
56 INDEX TO THE CONSTITUTION.
Togo
Attorney-general, vacancy occurring during session of the legisla- ture, filled by joint ballot 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 quahfied, 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 for 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 witliin five days after presenta- tion, to have force of law, unless the legislature adjourns before that time expires, . . . . . . 11, 34
Boards, pubUc, 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 CONSTITUTIOX
57
Cities, may be chartered by the general court, if containing twelve thousand inhabitants and consented to by a majority thereof, .........
Civil oflficers, meeting for election to be held annually on the Tues- day next after the first Monday in November, . whose election is provided for by the constitution to be elected by a pluraUty of votes, .....
Clerks of courts, elected by the people of the several counties.
Clerks of towns, to make records and returns of elections.
Colonial laws, not repugnant to the constitution, continued in force, . . . .
Commander-in-chief, governor to be, .
Commerce, agriculture and the arts, to be encouraged, .
Commissary-general, appointed and commissioned as fixed by law.
Commission officers, tenure of office to be expressed in commissions,
Commissioners of insolvency, elected by the people of the several counties; annulled, .......
Commissions, to be in the name of the commonwealth, signed by governor, attested by the secretary, and have the great seal affixed, .........
Congress, delegates to, ....... .
members of, may not hold certain state offices.
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 effect, it shall be submitted to the people, and, if approved by them by a majority vote, becomes a part of the constitution,
Constitution, provisions for revising, .....
to be enrolled on parchment, deposited in secretary's office and printed in all editions of the laws,
Coron(»rs, .........
Corrupt practices, in elections, relative to the right to vote by per- sons disqualified by reason of, ....
Corruption or bribery used in procuring any appointment or elec tion, to disqualify from holding any office of trust, etc..
Council, five members to constitute a quorum, eight councillors to be elected annually,
election to be determined by rule required in that of gov ernor, .........
to take oath of office before the president of the senate in
presence of both houses of assembly, to rank next after the lieutenant governor, resolutions and advice to be recorded in a register, and signed by the members present, ....
register of council may be called for by either house, to exercise the power of governor when office of governor and lieutenant governor is vacant, . . .
Page
34
41
41 44 13
32 20 29 25,35 26
44,49
32 27 36
36,37 33,36
34 21
49
32
24
24,42
42
29 25
25
25
25
58
INDEX TO THE CONSTITUTION.
Page
Council, no property qualification required, ..... 41
eight districts to be formed, each composed of five contiguous
senatorial districts, ....... 42
eligible to election if an inhabitant of state for five years pre- ceding election, ........ 42
term of office, ......... 37
vacancy to be filled by election of a resident of the district by concurrent vote of the senate and house; if legislature is not in session, to be filled by governor with advice of council, ......... 47
Court, superior, judges not to hold certain other offices, . . 36 Court, supreme judicial, judges to have honorable salaries fixed by standing laws, and to hold office during good be- havior, 9, 23
judges not to hold certain other offices, .... 36
to give opinions upon important questions of law, etc., when required by either branch of the legislature or by the governor and council, ....... 26
Courts, clerks of, elected by the people of the several counties, . 44 Courts, probate, provisions for holding, ..... 26
registers elected by the people of the several counties, . . 44
Courts and judicatories may be established by the general court, . 11
may administer oaths or affirmations, . . . .11
Crimes and offences, prosecutions for, regulated, .... 7
Crimes to be proved in the vicinity of where they happen, . . 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, excutive 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 estabUshed by commissioners in the
several counties, . . . . . . . 39, 45
Divorce, alimony, etc., . . . . . . . .27
E.
Educational interests to be cherished, ...... 29
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
INDEX TO THE CONSTITUTION. 59
Page Election returns, . . . . . 13 42
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
voting machines may be used at, . . . . .49
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, not to e.xercise legislative or judicial powers, 9
Ex post facto laws, declared unjust and oppressive, ... 9
F.
Felony and treason, no subject to be declared guilty of, by the legis- lature, ......... 9
Fines, excessive, not to be imposed, ...... 9
Forest lands, taxation of, . . . . , . . .49
Frame of government, ■•...... 10
Freedom of speech and debate in the legislature, .... 8
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 frequent 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 ad\ice of council, 10, 19, 37 may constitute and erect judicatories and coui-ts, . . 11 may make wholesome and reasonable laws and ordinances not
repugnant to the constitution, . . 11
may provide for the election or appointment of officers, and
prescribe their duties, . . .11
may impose taxes, etc., to be used for the public service, . . 12, 49
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 prevaifing, . . . . . .19, 20
60
INDEX TO THE CONSTITUTION.
General court, judicial officers may be removed upon address of, person convicted of bribery, not to hold seat in, may increase property qualifications of persons to be elected to oflBce, ........
certain officers not to have seats in, ... .
may be prorogued by governor and council for ninety days, if houses disagree, etc., ......
to elect major generals by concurrent vote,
empowered to charter cities, ......
to determine election of governor, lieutenant governor and councillors, .........
to prescribe by law for election of sheriffs, registers of probate and commissioners of insolvency by the people of the coun- ties, and district attorneys by the people of the districts, quorum, to consist of a majority of members, powers of, relative to the taking of land, etc., for widening or relocating highways or streets, .....
Government, objects of, ....... .
Government by the people, as a free, sovereign and independent state. Governor, the supreme executive magistrate, styled, — The Gov-
with the
26 32
32 31
20 21 34
41,42
44
48
49
3,5,6
5
ernor of the Commonwealth of Massachusett title of, — His Excellency; elected annually,
qualifications, ........ 18,
term of office, ......
should have an honorable stated salary,
the commander-in-chief, of the army and navy, but may not oblige them to go out of the limits of the state,
to appoint the adjutant general, .....
may call together the councillors at any time,
not to hold certain other offices, .....
to take oaths of office before president of the senate in pres ence of the two houses of assembly,
to sign all commissions, ......
election determined by the legislature, ....
veto power, ........
vacancy in office of, powers to be exercised by the lieutenant governor, ......
vacancy in office of governor and lieutenant governor, powers to be exercised by the council, ....
with advice of council, may adjourn or prorogue the legisla ture upon request, and convene the same,
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 prevaiUng, .....
to appoint all judicial officers, notaries pubhc and coroners; nominations to be made at least seven days before ap- pointment, .........
18
36,48
37
23
20,21 22 19 31
31
32
42,43
10
24
25
19
19
21,35
INDEX TO THE COXSTITUTIOX. 61
Page Governor, to appoint officers of the continental army, ... 22 may pardon offences, but not before conviction, ... 21 may fill vacancy in council occurring when legislature i.s 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 suspended by legislature except upon most urgent occasions, ...... 32
Harvard College, powers and privileges, gifts, grants and convej--
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 offices and privileges, absurd and unnatural, . . 5, 6
Highways, etc., taking of land for widening or relocating, powers of
the legislature concerning, ...... 49
House of representatives, members may be instructed by the people, 8 a representation of the people annually elected and founded
upon the principle 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; provision annulled, . . . .16,48
to enter objections made by governor to a bill or resolve at
large upon records, ....... 10
qualifications of members, . , . . .17,41,4.5
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, ...... 4,5
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, estabUsh 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
62 INDEX TO THE CONSTITUTION.
Page House of representatives, privileges of members, .... 18
may require the attendance of secretary of the commonwealth
in person or by deputy, ...... 26
may require the 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 office 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 required 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. 63
Page
Judicial officers, appointed by the governor with consent of council;
nominations to be made seven days prior to appointment, 21
to hold office during good behavior, except when otherwise
provided by the constitution, ..... 26
may be removed from office by the governor, upon the address
of both houses of the legislature, ..... 26
Jury, trial by, right secured, ....... 7
Justices of the peace, commissions to expire in seven years from
date of appointment, but may be renewed, ... 26 removal of, from office, ....... 49
L.
Land, etc., taking of, for widening or relocating highways, etc., . 49 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
property, ......... 6
power of suspension or execution of, only in the legislature, . 8
ex post 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, 49
Legislative department, not to exercise executive or judicial powers, 9
Legislature (see General Court).
Liberty of the press, essential to the security 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 when 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 inffict 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
64
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 legislature, ........ 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
by 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
N.
Notaries public, to be appointed by governor with advice of coun- cil, 25, 35
how removed, . . . . . . 35, 49
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 quaUfications equally eli' gible to, ....... .
INDEX TO TPIE CONSTITUTIOX.
65
Office, no person eligible to, unless they can read and write Officers, civil, legislature may provide for the naming and setthng
of,
Officers, commission, tenure of office to be expressed in commis- sions, ... Officers, judicial, to hold office during good behavior, except, etc may be removed by governor, with consent of council, upon the address of both houses of the legislature, Officers of former government, continued, Officers of the militia, election and appointment of,
removal of, . . .
Officers and magistrates, accountable to the people, Offices, plurality of, prohibited to governor, heutenant governor
and judges,
incompatible, '31
Organization of the militia, ... " ' '
P.
Pardon of offences, governor with advice of council may grant, but
not before conviction, .... People, to have the sole right to govern themselves as a free, sover eign and independent state, .... have a right to keep and to bear arms for the pubhc defence, have a right to assemble to consult upon the common good, to instruct their representatives, and to petition legislature, Person and property, remedy for injuries to, should be in the laws
Petition, right of,
Plantations, unincorporated, tax-paying inhabitants may vote for councillors 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 made
for, ... Probate courts, provisions for holding, . '
registers, elected by the people of the several counties, . 21
judges may not hold certain other offices. Property qualification, may be 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, .....
Page
44
11
26 26
26
33
21
22,35
5
31,36
32,36
22
21
6
14 31 41 37 38 3
6 26 ,44 36 32 41 48 7
32
66 INDEX TO THE CONSTITUTION.
Page
Public boards and certain officers to make quarterly reports to the
governor, ......... 22
Public notary (see Notary public).
Public officers, right of people to secure rotation, .... 6 all persons having the prescribed qualifications equally eli- gible, 6
PubUc religious worship, 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 office may be increased by
the legislature, ........ 32
Qualification, property, of governor, abohshed, . . . .48
Quahfication, property, partially abolished, ..... 41
Quahfications, of a voter, . . . .13, 17, 34, 44, 46, 47, 48, 49
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
R.
Ratable polls, census of, ........ 38
Reading and writing, knowledge 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 probate, chosen by the people of the several counties, 21, 44
Religious denominations, equal protection secured to all, . . 5, 38
Rehgious sect or denomination, no subordination of one to another
to be established by law, . . . . . 5, 38
Rehgious societies, may elect their own pastors or rehgious teachers, 5, 38
membership of, defined, ....... 38
Rehgious worship, public, right and duty of, and protection therein, 4 support of the ministry, and erection and repair of houses of
worship, . . . . . . . 4, 5, 38
Remedies by recourse to the law, to be free, complete and prompt, . 6
INDEX TO THE CONSTITUTION. 67
Page
Representatives (see House of representatives).
Resolves (see Bills and resolves).
Returns of votes, . . . . . , . 13, 19, 42, 43
Revision of constitution provided 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 account of non-payment of poll tax, ......... 48
Salary, a stated and honorable salary to be established for the
governor, ......... 23
permanent and honorable salaries to be established for the justices of the supreme judicial court, and to be 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 legislature is not in session, to be filled by 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 person 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
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
68 INDEX TO THE CONSTITUTION.
Page 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 quaUfications 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 offences; 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-
quaUfied from voting on account of non-payment of poll tax, 48 SoUcitor-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
Streets, etc., taking of land for widening or relocating, powers of the
legislature concerning, ....... 49
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 CONSTITUTION. 69
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, 49
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 Ueutenant 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, . . 10, 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 eUgible 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
Treasm-y, 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
70 INDEX TO THE CONSTITUTION.
U.
Page University at Cambridge, 27, 28, 47
V.
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 failure to elect, filled by joint ballot of legislature from the two persons having liighest 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, 49 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 montlis, who have paid 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 wTite their names and read the constitution in the English language, . . 17, 34, 44
the basis upon which the apportionment of representatives
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 officers, ...... 41
Voting machines may be used at elections, ..... 49
Voting precincts in towns, ........ 47
INDEX TO THE CONSTITUTION,
71
w.
Wild or forest lands, taxation of, .....
Worship, public, the right and duty of all men,
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 Umited time, Writing and reading, necessary qualifications for voting, or hold
ing office, ........
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, .......
Page
49
4
32
44
32
Year, political, begins on the first Wednesday of January,
37
ACTS AND RESOLVES
MASSACHUSETTS.
1913.
EPThe General Court of the year nineteen hundred and thirteen assembled on Wednesday, the first day of January. The oaths of office were taken and subscribed by His Excellency Eugenk N. Foss and His Honor David I. Walsh, on Thursday, the second day of January, in the presence of the two Houses assembled in convention.
ACTS.
Chap.
An Act making appropriations for the compensation OF the members of the general court, for the com- pensation of certain officers thereof and for expenses in connection therewith.
Be it enacted by the Senate and House of Rcpre.tentatircs in General Court assembled, and by the authority of the same, as follows:
Section 1. The sums hereinafter mentioned are appro- Appropria- priated, to be paid out of the treasury of the commonwealth *'""'*■ from tlie onhnary revenue, for tlie purposes specified, for tlie fiscal year ending on the thirtieth day of November, nineteen hundred and thirteen, to wit: —
For the compensation of senators, forty-one thousand ^n^tfon!'°™' dollars.
For compensation for travel of senators, a sum not ex- Travel, ceeding thirty-two hmidred dollars.
For the compensation of re])resentatives, two hundred Jlver^m-' and forty-one thousand dollars. pensation.
For compensation for travel of representatives, a sum Travel, not exceeding nineteen thousand dollars.
For the salary of Henry D. Coolidge, clerk of the senate, cierkofthe thirty-five hundred dollars. ^°^*^-
For the salary of William H. Sanger, assistant clerk of the Assistant senate, twenty-five hundred dollars. Ln'ate.
For such additional clerical assistance to the clerk of the clerical senate as may be necessary for the proper despatch of public ^^^'^ ^^'^^' business, a sum not exceeding fifteen hundred dollars.
For the salary of James W. Kimball, clerk of the house cierkofthe of representatives, thirty-five hundred dollars. °^^'
For the salary of Frank E. Bridgman, assistant clerk of ^erk*of^the the house of representatives, twenty-five hundred dollars. house.
For such additional clerical assistance to the clerk of the clerical house of representatives as may be necessary for the proper ^^^^^^^'^-
Acts, 1913. — Chap. 1.
Chaplains.
Doorkeepers, etc.
Assistant
doorkeepers,
etc.
Pages.
Printing and binding.
Manual.
Senate stationery.
House stationery.
Contingent expenses.
Expenses of committees.
Advertising hearings.
Witness fees, etc.
Publication of bulletin.
despatch of public business, a sum not exceeding twenty- five hundred dollars.
For the compensation of the chaplains of the senate and house of representatives, six hundred dollars.
For the salaries of the doorkeepers of the senate and house of representatives, and the postmaster, forty-four hundred dollars.
For the comi)ensation of assistant doorkcepci*s and mes- sengers to the senate and house of representatives, a sum not exceeding twenty-five thousand two hundred dollars.
For the compensation of the pages to the senate and house of representatives, a sum not exceeding sixty-one hundred and twenty dollars.
For printing and binding ordered by the senate and house of representatives, or by conciu-rent order of the two branches, a sum not exceeding fifty-five thousand dollars.
For printing and binding the manual for the general com*t, under the direction of the clerks of the senate and house of representatives, a sum not exceeding fifty-four 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, purchased by the clerk, a sum not exceeding one thousand dollars.
For contingent exjienses of the senate and house of rep- resentatives, and necessary expenses in and about the state house, a sum not exceeding eighty-three hundred and fifty dollars.
For authorized expenses of committees of the present general court, including clerical assistance to committees authorized to employ the same, a sum not exceeding fifteen thousand dollars.
For expenses of advertising hearings of the committees of the present general court, including expenses of preparing and mailing the advertisements to the various newspapers, a sum not exceeding ten thousand dollars.
For expenses of summoning witnesses, and for fees of such witnesses, a sum not exceeding two hundred dollars.
For expenses in connection with the publication of the bulletin of committee hearings, a sum not exceeding sixty- five hundred dollars.
Section 2. This act shall take effect upon its passage.
Approved January 8, 1913.
Acts, 1913. — Chaps. 2, 3.
An Act making an approppjation for the compensation Chajj 2
AND EXPENSES OF THE ELECTORAL COLLEGE.
Be it enacted, etc., as folloivs:
Section 1. A sum not exceeding eight hnndrcd dollars Eiertorai is hereby appropriated, to he paid out of the treasury of exi.cu^3, etc. the commonwealth from the ordinary revenue, for the compensation and expenses of the electoral college.
Section 2. This act shall take effect upon its passage.
Approved January 13, 1013.
Chap.
An Act to change the designation of the loan ait- thorized for the construction of an asylum at the grafton colony.
Be it enacted, etc., as follows:
Section 1. Section five of chapter six hundred "ind ^^/.^l^ji^'ll ^ ^^ seventy-nine of the acts of the year nineteen himdred and twelve is hereby amended by striking out the words "Graf- ton Hospital Loan", in the twelfth line, and inserting in place thereof the words: — Prisons and Hospitals Loan, — so as to read as follows: — Section 5. To provide for the Prisons and expenses connected with the construction of said l)Liildings Loan.'e'tc, at the Grafton colony as authorized by this act, the treas- urer and receiver general is hereby authorized, with the approval of the governor and council, to issue from time to time bonds or certificates of indebtedness to an amount not exceeding in the aggregate four hundred thousand dollars. Such bonds or certificates of indebtedness shall be payable in annual proportionate payments within five years from the respective dates of issue, and shall bear interest at a rate not exceeding four per cent per anmmi, payable semi- annually. They shall be designated on the face thereof as the Prisons and Hospitals Loan, shall be countersigned by the governor, shall be deemed a pledge of the faith and credit of the commonwealth, and the principal and interest thereof shall be paid at the times specified therein in gold coin of the United States or its equivalent. Such bonds or certificates of indebtedness shall be disposed of by public auction, or in such other manner, and at such times and prices, and in such amounts, and shall bear such rates of interest not exceeding four per cent per annum, as shall be deemed best for the commonwealth ; but they shall not be
6
Acts, 1913. — Chap. 4.
Payment of loan.
sold at less than the par value thereof. The proceeds of the sale of said securities, together with the proceeds of the sales of the real estate now occupied by the Worcester state asylum, shall be credited by the treasurer of the common- wealth to a fund to be called the Grafton Hospital Fund, and from said fund shall be paid the expenses incurred in connection with the construction of said buildings at the Grafton colony. The amount required to pay the interest on said bonds or certificates of indebtedness and the annual payment on account of the principal thereof shall be raised by taxation from year to year. Any excess in the receipts from such sale of real estate above the amounts needed for construction at the Grafton colony shall be applied to the payment of the interest and principal of the bonds hereby authorized. Section 2. This act shall take effect upon its passage.
Approved January 14, 1913.
Appropria- tions.
Chap, 4 An Act making appropriations for salaries and ex- penses IN the executive department of the common- wealth.
Be it enacted, etc., as follows:
Section 1. The sums hereinafter mentioned are appro- priated, to be paid out of the treasury of the commonwealth from the ordinary revenue, for salaries and expenses in the executive department, for the fiscal year ending on the thirtieth day of November, nineteen hundred and thirteen, to wit : —
For the salary of the governor, eight thousand dollars.
For the salary of the lieutenant governor, two thousand dollars; and for salaries of the council, eight thousand dollars. For travelling expenses of the council, a sum not exceeding one thousand dollars.
For the salary of the private secretary of the governor, twenty-five hundred dollars.
For the salary of the executive secretary, twenty-five hundred dollars.
For the salary of the present stenographer, a sum not ex- ceeding eighteen hundred dollars.
For the salary of the clerk, a sum not exceeding twelve hundred dollars.
For the salary of the messenger, twelve hundred dollars.
Governor.
Lieutenant governor and council.
Travelling expenses.
Private secretary.
Executive secretary.
Stenographer.
Clerk.
Messenger.
Acts, 1913. — Chap. 5. i
For the salary of tlie assistant messenger, one thousand mei^nger. dollars.
For contingent expenses, a sum not exceeding three Contingent thousand dollars. "^^"^'■
For postage, printing and stationery, a sum not exceeding Postage, twelve hundred dollars. pnntmg. etc.
For travelling and contingent ex]ienses of the governor Travelling and council, a sum not exceeding twenty-five hundred dollars. ^''*^"'*'''
For postage, printing and stationery for the council, a Council sum not exceeding five hundred dollars. postage,
For payment of extraordinary exi^enses, to be expended f^^^a]^^^ under the direction of the governor and council, a sum not exceeding one hundred thousand dollars.
For the preparation of tables and indexes relating to the Tables and
■ ,,r>,i , 1 • , indexes to
statutes oi the present year and previous years, a sum not statutes. exceeding six hundred dollare.
For expenses incurred in the arrest of fugitives from Arrest of justice, a sum not exceeding one thousand dollars. "^' '^^^*
Section 2. This act shall take effect upon its passage.
Approved January 22, 1913.
An Act making appropriations for salaries and ex- (^/^q^? penses in the department of the treasurer and receiver general.
Be it enacted, etc., as foUoivs:
Section 1. The sums hereinafter mentioned are appro- Appropria- priated, to be paid out of the treasmy of the commonwealth *'°'^*" from the ordinary revenue, for the department of the treas- urer and receiver general, for the fiscal year ending on the thirtieth day of November, nineteen hundred and thirteen, to wit: —
For the salary of the treasurer and receiver general, five Treasurer thousand dollars. l^L^"'"'^'
For the salary of the first clerk, twenty-six hundred First cierk. dollars.
For the salary of the second clerk, twenty-one hundred Second clerk, dollars.
For the salary of the third clerk, eighteen hundred dollars. Third clerk.
For the salary of the receiving teller, eighteen hundred ^ff^f^''^^ dollars.
For the salary of the paying teller, eighteen hundred laying teller. dollars.
8
Acts, 1913. — Chap. 6.
Assistant paying teller.
Cashier.
Assistant bookkeeper.
Fund clerk.
Additional clerk, etc.
Warrant clerk.
Record clerk. Stenographer.
Messenger.
Clerical assistance.
Incidental expenses, etc.
Additional expenses.
For the salary of the assistant paying teller, twelve hun- dred dollars.
For the salary of the cashier, twcnty-tAvo hundred dollars.
For the salary of the assistant bookkeeper, fifteen hundred dollars.
For the salary of the fund clerk, fifteen hundred dollars.
For the salary of an additional clerk and bank messenger, fifteen hundred dollars.
For the salary of the warrant clerk, twelve hundred dollars.
For the salary of the record clerk, one thousand dollars.
For the salary of the stenographer, twelve hundred dol- lars.
For the salary of the messenger, one thousand dollars.
For such additional clerical assistance as may be necessary for the despatch of public business, a sum not exceeding forty-five hundred dollars.
For incidental and contingent expenses, a sum not exceed- ing five thousand dollars.
For such expenses as the treasurer and receiver general may find necessary in carrying out the provisions of the act imposing a tax on collateral legacies and successions, a sum not exceeding five hundred dollars.
Section 2. This act shall take effect upon its passage.
Ajrproved January 22, 1913.
Chap. 6 An Act making appropriations for salaries and ex- penses IN THE DEPARTMENT OF THE AUDITOR OF THE COMMONWEALTH.
Be it enacted, etc., as follows:
Section 1. The sums hereinafter mentioned are appro- priated, to be paid out of the treasury of the commonwealth from the ordinary revenue, for the auditor's department, for the fiscal year ending on the thirtieth day of November, nineteen hundred and thirteen, to wit: —
For the salary of the auditor, five thousand dollars.
For the salary of the deputy auditor, four thousand dol- lars.
For the salary of the second deputy auditor, twenty-five hundred dollars.
For the salary of the supervisor of accounts, twenty-five hundred dollars.
Appropria- tions.
Auditor.
Deputy- auditor.
Second deputy auditor.
Supervisor of accounts.
. na- board of registration in
Acts, 1913. — Chaps. 7, 8. 9
For the salary of the first clerk, twenty-five hundred F'^tci^rk. dollars.
For the salary of the second clerk, twenty-foiir hundred Second clerk. dollars.
For additional clerks, examiners and stenographers, a Additional sum not exceeding fourteen thousand dollars.
For the salary of the messenger, nine hundred dollars. Messenger.
For the salary of the state printing expert, a sum not ^J'"[i°" exceeding fifteen hundred doUare.
For incidental and contingent expenses, a sum not ex- Expenses. ceeding forty-five hundred dollars.
Section 2. This act shall take efl"ect upon its passage.
Approved January 22, 1913.
An Act making appropriations for the board of regis- (jjidy 7
TRATION IN pharmacy.
Be it enacted, etc., as follows:
Section 1. The sums hereinafter mentioned are appro- Approp priated, to be paid out of the treasury of the commonwealth from the ordinary revenue, for the salaries and expenses of pi»'i""acy the board of registration in pharmacy, for the fiscal year ending on the thirtieth day of November, nineteen hundred and thirteen, to wit: —
For the salaries of the members, thirty-one hundred ^^•=>"«3- dollars.
For travelling and other expenses of the members, a sum Travelling not exceeding seventeen hundred and twenty-five dollars, ^'^i^^^^'
For salaries and expenses of the agent, a sum not exceed- Agent. ing twenty-four hmidred dollars.
For a stenographer, witness fees and incidental and stenographer, contingent expenses, to include printing the annual report, a sum not exceeding two thousand dollars.
Section 2. This act shall take effect upon its passage.
Approved January 22, 1913.
An Act making appropriations for the board of regis- (^/^^^j 8 tration in veterinary medicine.
Be it enacted, etc., as folloivs:
Section 1. The sums hereinafter mentioned are appro- Appropria"- priated, to be paid out of the treasury of the commonwealth of^res^i^tratfon from the ordinary revenue, for the salaries ^nd expenses of j^edldnl"'*'^^
10 Acts, 1913. — Chaps. 9, 10.
the board of registration in veterinary medicine, for the fiscal year ending on the thirtieth day of November, nineteen hundred and thirteen, to wit : — Salaries. YoY the salarics of the members, a sum not exceeding six
hundred dollars. Expenses. Yov travelling and other expenses, a sum not exceeding
five hundred dollars.
Section 2. This act shall take effect upon its passage.
Ayyroved January 22, 1913.
Chap. 9 An Act making appropriations for the board of regis- tration IN medicine.
Be it enacted, etc., as folloivs:
Appropria- Section 1. Thc sums hereinafter mentioned are appro-
tions, board • i i • i pi pi i i
of registration pnatcd, to be paid out oi the treasury oi the commonwealth from the ordinary revenue, for the salaries and expenses of the board of registration in medicine, for the fiscal year ending on the thirtieth day of November, nineteen hundred and thirteen, to wit : —
Salaries. YoT the salaHcs of the members of the board, forty-three
hundred dollars.
Expenses. YoT travelling and other expenses of the board, a sum
not exceeding four hundred and fifty dollars.
Clerk. Por tlic clei'k of the board, the sum of eight hundred
dollars.
^oi^aie^'etc ^^^ pHntiug, postagc, office supplies and contingent
expenses of the members of the board, to include printing the annual report, a sum not exceeding eight hundred dollars.
Section 2. This act shall take effect upon its passage.
Approved January 23, 1913.
Chap. 10 An Act making an appropriation for the Massachusetts
INSTITUTE OF TECHNOLOGY.
Be it enacted, etc., as follows:
inttitifte"^"^ Section 1. The sum of one hundred thousand dollars Technology. {3 hereby appropriated, to be paid out of the treasury of the commonwealth from the ordinary revenue, to the Mas- sachusetts Institute of Technology.
Section 2. This act shall take effect upon its passage.
Approved January 23, 1913.
Acts, 1913. — Chaps. 11, 12, 13. 11
An Act making an appropriation for the Worcester nj^^^ n
POLYTECHNIC INSTITUTE.
Be it enacted, etc., as folloivs:
Section 1. The sum of fifty thousand dollars is hereby Worcester appropriated, to be paid out of the treasury of the common- institute?"' wealth from the ordinary revenue, to the Worcester Poly- technic Institute, as provided for by chapter eighty-seven of the resolves of the year nineteen hundred and twelve.
Section 2. This act shall take effect upon its passage.
Apjjroved January 23, 1913.
An Act making an appropriation for the Massachusetts Chav 12 state firemen's association.
Be it enacted, etc., as follows:
Section 1. The sum of fifteen thousand dollars is hereby Massachusetts appropriated, to be paid out of the treasury of the common- AssociatioiT.*^" ^ wealth from the ordinary- revenue, for the Massachusetts State Firemen's Association, as provided by chapter one hundred and seventy-one of the acts of the year nineteen hundred and six.
Section 2. This act shall take effect upon its passage.
Approved January 27, 1913.
An Act making an appropriation for the payment of (^Jidy \^
CLAIMS arising FROM THE DEATH OF FIREMEN KILLED OR INJURED IN THE DISCIL^RGE OF THEIR DUTIES.
Be it enacted, etc., as folloivs:
Section 1. The sum of ten thousand dollars is hereby claims on appropriated, to be paid out of the treasury of the common- dea*th"of° wealth as authorized by section seventy-seven of chapter '*"^®'^- thirty-two of the Revised Laws, for the payment of such claims as may arise in consequence of the death of firemen belonging to the regular organized fire department of a city or town, or of members in active service of any incor- porated protective department acting in concert with fire departments, or of any person doing duty at the request of or by order of the authorities of a town which has no organized fire department, who are killed or who die from injuries received while in the discharge of their duties at
12 Acts, 1913. — Chaps. 14, 15, 16.
fires, during the fiscal year ending on the thirtieth day of November, nineteen hundred and thirteen.
Section 2. This act shall take effect upon its passage.
Ayyvoved January 27, 1913.
Chap. 14 An Act making an appropriation for the maintenance
OF THE OLD PROVINCIAL STATE HOUSE IN THE CITY OF BOSTON.
Be it enacted, etc., as follows:
Ttate house. Section 1. The sum of fifteen hundred dollars is hereby
appropriated, to be paid out of the treasury of the common- wealth from the ordinary revenue, toward the maintenance of the old provincial state house in the city of Boston, dur- ing the present fiscal year, as provided for by chapter two hundred and ninety-eight of the acts of the year nineteen hundred and ten. Section 2. This act shall take effect upon its passage.
Apyroved January 27, 1913.
Chap. 15 An Act making appropriations for salaries and ex- penses IN THE department OF THE ATTORNEY-GENERAL.
Be it enacted, etc., as foUoivs:
tions™^"^' Section 1. The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the commonwealth from the ordinary revenue, for the attorney-general, for the fiscal year ending on the thirtieth day of November, nine- teen hundred and thirteen, to wit: —
gencraf^saiary ^^^ ^^^^ Salary of the attomey-gcneral, seven thousand dollars.
Assistants, YoT the compcusation of assistants in his office, and for
such additional legal assistance as may be deemed necessary, and also for any other necessary expenses, a sum not exceed- ing fifty thousand dollars. Section 2. This act shall take effect upon its passage.
Approved January 28, 1913.
Chap. 16 An Act making an appropriation for the payment of
premiums on securities purchased for the MASSA- CHUSETTS school fund.
Be it enacted, etc., as follows:
Sc'uTitiM'' °" Section 1. A sum not exceeding one thousand dollars Fhe Masr^-^""^ is hereby appropriated, to be paid out of the treasury of the
Acts, 1913. — Chaps. 17, 18. 13
commonwealth from the ordinary revenue, for the pavment chusetts
, , , . 1 . 1 c . * "^ School Fuud.
by the treasurer and receiver general oi premiums on se- curities purchased for the INlassachusetts 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 28, 1013.
An Act making appropriations for the salaries and (jhnj) 17
EXPENSES OF THE LAND COURT. '
Be it enacted, etc., as follows:
Section 1. The sums hereinafter mentioned are appro- Appropria- priated, to be paid out of the treasury of the commonwealth lamf court. from the ordinary revenue, for the land court, for the fiscal year ending on the thirtieth day of November, nineteen hundred and thirteen, to wit : —
For the salary of the judge of the court, six thousand ^"'^^''' dollars.
For the salary of the associate judge of the court, six Asaociato thousand dollars. ^*''
For the salary of the recorder of the court, forty-five Recorder. hundred dollars.
For clerical assistance in the office of the court, a sum clerical not exceeding eleven thousand and twenty dollars.
For sherift's' fees, advertising, surveying, examination of E'^p^'^^^^- titles and sundry incidental expenses of the court, a sum not exceeding thirty thousand dollars.
Section 2. This act shall take effect upon its passage.
Approved January 28, 1913.
An Act to authorize the city of boston to pay an Chav 18
annuity to the widow of LEROY JAMES.
Be it enacted, etc., as follows:
Section 1. The city of Boston is hereby authorized niaypl?an°" to pay an annuity of not more than three hundred dol- ^"do4*o/° lars to Josephine James, widow of Leroy James, so long as Leroy James. she remains unmarried. The said Leroy James, while in the discharge of his duties as a member of the fire de- partment of the said city received injuries and contracted a disease, which resulted in his death. The fire commissioner may from time to time order the said annuity to be reduced.
14
Acts, 1913. — Chap. 19.
Time of taking effect.
Section 2. This act shall take effect as of June twenty- fourth, nineteen hundred and twelve, upon its acceptance by the city council of the city of Boston with the approval of the mayor and the fire commissioner.
Approved January 28, 1913.
Appropria- tions, sergeant- at-arms,de- partment.
Sergeant-at- anns.
First clerk.
Cashier.
Additional clerks.
Chap. 19 An Act making appropriations for salaries and ex- penses IN THE DEPARTMENT OF THE SERGEANT-AT-ARMS.
Be it enacted, etc., as follows:
Section 1. The sums hereinafter mentioned are appro- priated, to be paid out of the treasury of the commonwealth from the ordinary revenue, for the salaries and expenses in the department of the sergeant-at-arms, for the fiscal year ending on the thirtieth day of November, nineteen hun- dred and thirteen, to wit : —
For the salary of the sergeant-at-arms, thirty-five hundred dollars.
For the salary of the first clerk, tw^enty-two hundred dollars.
For the salary of the cashier, a sum not exceeding twelve hundred dollars.
For the salaries of additional clerks, the sum of twenty- eight hundred dollars.
For incidental and contingent expenses and the expense of mailing legislative bulletins, a sum not exceeding five hundred and fifty dollars.
For the salaries of the chief engineer and other employees in the engineer's department, a sum not exceeding thirty- three thousand five hundred and forty dollars.
For the salaries of the watchmen and assistant watchmen, a sum not exceeding fourteen thousand six hundred dollars.
For books, stationery, postage, printing and advertising ordered by the sergeant-at-arms, a sum not exceeding three hundred dollars.
For the salaries of the messengers, porters and office boy, a sum not exceeding eighty-two hundred and sixty dollars.
For rent of telephones and expenses in connection there- with, a sum not exceeding eleven thousand four hundred and fifty dollars.
For heat, light and power, Including coal, water, gas and removal of ashes, a sum not exceeding thirty-five thousand dollars.
Expenses.
Chief engineer, etc.
Watchmen, etc.
Books,
stationery,
etc.
Messengers, etc.
Rent, etc., of telephones.
Heat, light and power, etc.
Acts, 1913. — Chaps. 20, 21. 15
For the care of the state house and grounds, inckiding Care of state repairs, furniture and repairs thereof, and such expenses as °^^°'^^'^- may be necessary at the various buildings now occupied by state departments, a sum not exceeding twenty-six thousand dollars.
For new furniture and fixtures, a sum not exceeding twelve New furniture, thousand dollars.
For the salary of the matron, a sum not exceeding eight Matron, hundred and fifty dollars.
For the salary of the carpenter, the sum of sixteen hun- Carpenter. dred dollars.
Section 2. This act shall take effect upon its passage.
Approved January 28, 1913.
An Act relative to the expenditures oe the com- (Jjiaj) 20
MISSIONER OF PUBLIC SAFETY IN THE CITY OF CAMBRIDGE.
Be it enacted, etc., as folloivs:
Section 1. Section four of chapter six hundred and amended.^ ^' eleven of the acts of the year nineteen hundred and twelve is hereby amended by inserting after the word "dollars", in the eighth line, the words : — and twenty-five cents, — so as to read as follows: — Section 4- The commissioner Authority of shall have authority to determine the mmiber of and to <=°™'"'^^'°°^''- appoint the members and clerk of the department of public safety and to fix their compensation, organize and administer the said department, and to purchase equipment and sup- plies; and the city shall provide for all i)ayments for the same, provided the expenses of said department shall not in any one year exceed a sum amounting to more than three dollars and twenty-five cents on each one thousand dollars of taxable property in said city, to be estimated by taking the average amount of taxable property during the three preceding years. All expenditures of money shall be sub- ject to the approval of the mayor.
Section 2. This act shall take effect upon its passage.
Approved January 28, 1913.
An Act making an appropriation for the acquisition (J^kij) 21
OF land for THE BOSTON STATE HOSPITAL.
Be it enacted, etc., as follows:
Section 1. A sum not exceeding one hundred and fifty Acquisition of thousand dollars is hereby appropriated, to be paid out of Boslon^state
hospital.
16 Acts, 1913. — Chaps. 22, 23, 24.
the treasury of the commonwealth from the ordinary revenue, to be expended under the direction of the state board of insanity, in payment for land taken by right of eminent domain for the use of the Boston state hospital under au- thority of chapter five hundred and thirty-five of the acts of the year nineteen hundred and nine, and for other expenses necessarily incurred in carrying out the provisions of said chapter, the same to be in addition to the amount hereto- fore appropriated for this purpose.
Section 2. This act shall take effect upon its passage.
Approved January 29, 1913.
Chap. 22 An Act to increase the powers of the trustees of the
MEMORIAL HOSPITAL.
Be it enacted, etc., as follows:
Jf^uJiiemoriai SECTION 1. The Trustccs of the Memorial Hospital, a Hospital in corporatiou established in Worcester by chapter eighty-
Worcester may p ^ pi •! iiii ^ ''
receive, hold, scvcu oi the acts 01 the year eighteen nundred and seventy- and personal ouc, may rcceivc by gift, devise, bequest or otherwise, and
estate.
may hold and use for the purpose for which it was incor- porated real and personal estate to an amount not exceed- ing three million dollars.
Section 2. This act shall take effect upon its passage.
Approved January 29, 1913.
Chap. 23 An Act to authorize the city of boston to pay a sum
OF MONEY TO THOMAS THORNTON.
Be it enacted, etc., as follows:
Bostmlmay SECTION 1. Thc clty of Bostou, by vote of the city
pay a sum of couucil, approvcd by the mayor, is hereby authorized to
money to ' i i ./ i i i i ii mi
Thomas pay a suiu uot exceeding three thousand dollars to Thomas
Thornton who was injured while in the performance of
his duties as an employee of the park department of the
city.
Section 2. This act shall take effect upon its passage.
Aj)proved January 29, 1913.
Chap. 24 An Act making appropriations for salaries and ex- penses IN THE judicial DEPARTMENT OF THE COMMON- WEALTH.
Be it enacted, etc., as follows:
tioM."^"'*' Section 1. The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the commonwealth
Acts, 1913. — Chap. 24. 17
from the ordinary revenue, for the salaries and expenses of the judicial department of the commonwealth, for the fiscal year ending on the thirtieth day of November, nineteen hundred and thirteen, to wit: —
SUPREME JUDICIAL COURT.
For the salaries and travelling expenses of the chief justice chief justice and of the six associate justices, seventy-four thousand ^Z\-^^'^^^ dollars.
For the salary of the clerk, three thousand dollars. cierk.
For clerical assistance to the clerk, eight hundred dollars, clerical
For clerical assistance to the justices, a sum not exceeding eferk.''"''^ *" twenty-five hundred dollars. clerical
For expenses of the supreme judicial coiu-t, a sum not justices. exceeding two thousand dollars. Expenses.
For the salary of the reporter of decisions, fom- thousand de'in^on.s,°e\c. dollars; and for clerk hire and incidental expenses of the reporter, a sum not exceeding five thousand dollars.
For the salaries of the officers and messenger, twenty-four officers and
, , 1 1 11 messenger.
hundred dollars.
P'or the salary of the clerk for the count}' of Suffolk, fifteen cierk, Suffolk hundred dollars.
For the salary of the assistant clerk for the county of suffoircounty. Suffolk, five hundred dollars.
For the salaries of the retired justices, thirteen thousand jultSSs. one hundred and twent^'-five dollars.
SUPERIOR COURT.
For the salaries and travelling expenses of the chief justice Superior court, and of the twenty-seven associate justices, two hundred thirty-eight thousand five hundred dollars.
For the salary of the assistant clerk, five hundred dollars. Assistant clerk.
For printing, transportation of papers and documents. Printing, etc. and for incidental expenses of the superior court, a sum not exceeding foiu" hundred dollars.
For the salary of the retired justice of the superior coiu-t, Retired six thousand dollars. ''"^ '*^^'
COURTS OF PROBATE AND INSOLVENCY.
For the salary' of the judge for the countv of Barnstable, Judge of
., , 11111 probate and
eighteen hundred dollars. insolvency.
For the salary of the judge for the county of Berkshire, Berkshire! twenty-five hundred dollars.
18
Bristol.
Dukes County.
Essex.
Franklin.
Hampden.
Hampshire.
Middlesex.
Nantucket.
Norfolk.
Plymouth.
Suffolk.
Worcester.
Retired judges.
Judges acting in other counties. Register of probate and insolvency, Barnstable. Berkshire.
Bristol.
Dukes County.
Essex.
Franklin.
Hampden.
Hampshire.
Acts, 1913. — Chap. 24.
For the salary of the judge for the county of Bristol, forty-five hundred dollars.
For the salary of the judge for the county of Dukes County, one thousand dollars.
For the salaries of the two judges for the county of Essex, eight thousand dollars.
For the salary of the judge for the county of Franklin, eighteen hundred dollars.
For the salary of the judge for the county of Hampden, thirty-eight hundred dollars.
For the salary of the judge for the county of Hampshire,