protection, etc. 256. Valuation of manner that has hitherto been practised, in order that for defence, such assessments may be made with equality, there shall & Allen, 247, be a valuation of estates within the commonwealth, taken anew once in every ten years at least, and as much oftener as the general court shall order. For the authority of the general court to charter cities, see amendments, Art. II. For the state wide referendum on bills and resolves of the general court, see amendments, Art. XLII. Art. XLII annulled by initiative and referendum amendment, see amendments, Art. XLVIII, The referendum, VIII. For the power given the general court to provide by law for absentee and compulsory voting, see amendments, Arts. XIV and LXI. For the power given the general court to determine the manner of providing and distributing the necessaries of life, etc., during time of war, publio distress, etc., by the commonwealth and the cities and towns therein, see amendments, Art. XLVII. estates once in ten years, at CHAPTER I. SECTION II. of, and by which was also amendments, Article I. [There shall be annually elected, by the Senate, number freeholders and other inhabitants of this commonwealth, whom elected. qualified as in this constitution is provided, forty persons amendments, Superseded by to be councillors and senators for the year ensuing their Art. XIII, election; to be chosen by the inhabitants of the districts superseded by into which the commonwealth may, from time to time, be Art. XXII. 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 proportion of the public taxes paid by the said districts; and timely make known to the inhabitants of the common- For provision as wealth the limits of each district, and the number of coun- see amendcillors and senators to be chosen therein; provided, that ments, Art. the number of such districts shall never be less than thirteen; and that no district be so large as to entitle the same to choose more than six senators. to councillors, XVI. Counties to be And the several counties in this commonwealth shall, districts, until, until the general court shall determine it necessary to etc. alter the said districts, be districts for the choice of councillors and senators, (except that the counties of Dukes County and Nantucket shall form one district for that purpose) and shall elect the following number for councillors and senators, viz.:- Suffolk, six; Essex, six; Middlesex, five; Hampshire, four; Plymouth, three; Barnstable, one; Bristol, three; York, two; Dukes County and Nantucket, one; Worcester, five; Cumberland, one; Lincoln, one; Berkshire, two.] Manner and time of choosing senators and councillors. Arts. LXIV, sect. 1. see amend- voters, super seded by amendments, XXVIII, II. The senate shall be the first branch of the legislature; and the senators shall be chosen in the following manSee amend, ner, viz.: there shall be a meeting on the [first Monday in XV, XLV and April,] [annually,] forever, of the inhabitants of each town in the several counties of this commonwealth; to be called by the selectmen, and warned in due course of law, at Provisions as to least seven days before the [first Monday in April,] for qualifications of the purpose of electing persons to be senators and councillors; [and at such meetings every male inhabitant of Arts. III, XX, twenty-one years of age and upwards, having a freehold estate within the commonwealth, of the annual income of Word "inhabit three pounds, or any estate of the value of sixty pounds, shall have a right to give in his vote for the senators for the district of which he is an inhabitant.] And to remove all doubts concerning the meaning of the word "inhabitant" in this constitution, every person shall be considered as an inhabitant, for the purpose of electing and being elected into any office, or place within this state, in that town, district, or plantation where he dwelleth, or hath his home. XXX, XXXI and XXXII. ant" defined. See also amendments, Art. XXIII, which was annulled by Art. XXVI. 12 Gray, 21. 122 Mass. 595, 597. Selectmen to preside at town meetings. Return of votes. amendments, Art. II. The selectmen of the several towns shall preside at such meetings impartially; and shall receive the votes of all the inhabitants of such towns present and qualified to vote for senators, and shall sort and count them in open town meeting, and in presence of the town clerk, who shall make a fair record, in presence of the selectmen, and in open town meeting, of the name of every person voted for, and of the As to cities, see number of votes against his name: and a fair copy of this record shall be attested by the selectmen and the town clerk, and shall be sealed up, directed to the secretary of the commonwealth for the time being, with a superscription, expressing the purport of the contents thereof, and delivered by the town clerk of such towns, to the sheriff of the county in which such town lies, thirty days at least before [the last Wednesday 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 Wednesday in May.] Time changed to first Wednes day or January. ments, Art. X. See amend Inhabitants of unincorporated plantations, who pay state taxes, may vote. [And the inhabitants of plantations unincorporated, qualified as this constitution provides, who are or shall be empowered and required to assess taxes upon themselves toward the support of government, shall have the meetings. tion changed XV. notify, etc. same privilege of voting for councillors and senators in the plantations where they reside, as town inhabitants have in their respective towns; and the plantation meetings for that Plantation purpose shall be held annually [on the same first Monday Time of elecin April], at such place in the plantations, respectively, as by amend the assessors thereof shall direct; which assessors shall have ments, Art. like authority for notifying the electors, collecting and Assessors to returning the votes, as the selectmen and town clerks have in their several towns, by this constitution. And all other persons living in places unincorporated (qualified as aforesaid) who shall be assessed to the support of government by the assessors of an adjacent town, shall have the privilege of giving in their votes for councillors and senators in the town where they shall be assessed, and be notified of the place of meeting by the selectmen of the town where they shall be assessed, for that purpose, accordingly.] amine and count votes, Time changed Wednesday in amendments, III. And that there may be a due convention of senators Governor and on the [last Wednesday in May] annually, the governor with council to exfive of the council, for the time being, shall, as soon as may and issue be, examine the returned copies of such records; and four- summonses. teen days before the said day he shall issue his summons to to first such persons as shall appear to be chosen by [a majority of] January by voters, to attend on that day, and take their seats accord- Art. X. ingly: provided, nevertheless, that for the first year the Majority 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. changed to plurality by amendments, Art. XIV. final judge of members. to first January by Art. X. Majority IV. The senate shall be the final judge of the elections, Senate to be returns and qualifications of their own members, as pointed elections, etc., out in the constitution; and shall, [on the said last Wednes- of its own day in May] [annually,] determine and declare who are Time changed elected by each district to be senators [by a majority of Wednesday of votes; and in case there shall not appear to be the full amendments, number of senators returned elected by a majority of votes for any district, the deficiency shall be supplied in the fol- changed to lowing manner, viz.: The members of the house of repre- amendments, sentatives, and such senators as shall be declared elected, shall take the names of such persons as shall be found to have the highest number of votes in such district, and not elected, amounting to twice the number of senators wanting, if there be so many voted for; and out of these shall elect by ballot a number of senators sufficient to fill up the vacan plurality by Art. XIV. filled. Changed to ments, Art. Qualifications of a senator. ification abol Vacancies, how cies in such district; and in this manner all such vacancies shall be filled up in every district of the commonwealth; and in like manner all vacancies in the senate, arising by death, removal out of the state, or otherwise, shall be supplied as soon as may be, after such vacancies shall happen.] V. Provided, nevertheless, that no person shall be Property qual capable of being elected as a senator, [who is not seised in his own right of a freehold, within this commonwealth, of the value of three hundred pounds at least, or possessed of personal estate to the value of six hundred pounds at least, or of both to the amount of the same sum, and] who has not been an inhabitant of this commonwealth for the space of five years immediately preceding his election, and, at the time of his election, he shall be an inhabitant in the district for which he shall be chosen. ished. ments, Art. XIII. For further provision as to residence, see also amendments, Art. XXII. Senate not to adjourn more VI. The senate shall have power to adjourn themselves, provided such adjournments do not exceed two days at a ments, Art. LII. time. than two days. See amend shall choose its officers and establish its rules. shall try all Oath. VII. The senate shall choose its own president, appoint its own officers, and determine its own rules of proceedings. VIII. The senate shall be a court with full authority to impeachments. hear and determine all impeachments made by the house of representatives, against any officer or officers of the commonwealth, for misconduct and mal-administration in their offices. But previous to the trial of every impeachment the members of the senate shall respectively be sworn, truly and impartially to try and determine the charge in question, according to evidence. Their judgment, however, shall not extend further than to removal from office and disqualification to hold or enjoy any place of honor, trust, or profit, under this commonwealth; but the party so convicted shall be, nevertheless, liable to indictment, trial, judgment, and punishment, according to the laws of the land. Limitation of sentence. Quorum. IX. [Not less than sixteen members of the senate shall constitute a quorum for doing business.] Representation of the people. CHAPTER I. SECTION III. House of Representatives. Article I. There shall be, in the legislature of this commonwealth, a representation of the people, annually elected, and founded upon the principle of equality. For change to biennial elections, see amendments, Art. LXIV, sect. 1. tives, by whom amendments, Arts. XII and superseded by II. [And in order to provide for a representation of the Representacitizens of this commonwealth, founded upon the principle chosen." of equality, every corporate town containing one hundred Superseded by and fifty ratable polls may elect one representative; every XIII, which corporate town containing three hundred and seventy-five were also ratable polls may elect two representatives; every corporate amendments, town containing six hundred ratable polls may elect three 7 Mass. 523. representatives; and proceeding in that manner, making two hundred and twenty-five ratable polls the mean increasing number for every additional representative. Art. XXI. towns having Provided, nevertheless, that each town now incorporated, Proviso as to not having one hundred and fifty ratable polls, may elect less than 150 one representative; but no place shall hereafter be incor- ratable polls. porated with the privilege of electing a representative, unless there are within the same one hundred and fifty ratable polls.] to fine in case, etc. And the house of representatives shall have power from Towns liable time to time to impose fines upon such towns as shall neglect to choose and return members to the same, agreeably to this constitution. Expenses of travelling to general court, Annulled by of a repre New provision See amend [The expenses of travelling to the general assembly, and returning home, once in every session, and no more, shall be paid by the government, out of the public treasury, to every member who shall attend as seasonably as he can, in the judgment of the house, and does not depart without leave.] III. Every member of the house of representatives shall Qualifications be chosen by written votes; [and, for one year at least next sentative. preceding his election, shall have been an inhabitant of, and as to residence. have been seised in his own right of a freehold of the value ments, Art. of one hundred pounds within the town he shall be chosen to represent, or any ratable estate to the value of two hundred pounds; and he shall cease to represent the said town immediately on his ceasing to be qualified as aforesaid.] IV. [Every male person, being twenty-one years of age, and resident in any particular town in this commonwealth for the space of one year next preceding, having a freehold seded by estate within the said town of the annual income of three amex, pounds, or any estate of the value of sixty pounds, shall XXVIII, have a right to vote in the choice of a representative or XXXII and representatives for the said town.] See also amendments, Art. XXIII, which was annulled by Art. XXVI. XXI. Property qualifications abolamendments, ished by Art. XIII. Qualifications of a voter. sions super amendments, XXX, XXXI, XLV. tives, when V. [The members of the house of representatives shall Representabe chosen annually in the month of May, ten days at least chosen. before the last Wednesday of that month.] Time of election changed by amendments, Art. X, and changed again by amendments, Art. XV. |