ART. XLII. Full power and authority are hereby given and granted to the general court to refer to the people for their rejection or approval at the polls any act or resolve of the general court or any part or parts thereof. Such reference shall be by a majority yea and nay vote of all members of each house present and voting. Any act, resolve, or part thereof so referred shall be voted on at the regular state election next ensuing after such reference, shall become law if approved by a majority of the voters voting thereon, and shall take effect at the expiration of thirty days after the election at which it was approved or at such time after the expiration of the said thirty days as may be fixed in such act, resolve or part thereof.

ART. XLIII. The general court shall have power to authorize the commonwealth to take land and to hold, improve, sub-divide, build upon and sell the same, for the purpose of relieving congestion of population and providing homes for citizens: provided, however, that this amendment shall not be deemed to authorize the sale of such land or buildings at less than the cost thereof.

ART. XLIV. Full power and authority are hereby given and granted to the general court to impose and levy a tax on income in the manner hereinafter provided. Such tax may be at different rates upon income derived from different classes of property, but shall be levied at a uniform rate throughout the commonwealth upon incomes derived from the same class of property. The general court may tax income not derived from property at a lower rate than income derived from property, and may grant reasonable exemptions and abatements. Any class of property the income from which is taxed under the provisions of this article may be exempted from the imposition and levying of proportional and reasonable assessments, rates and taxes as at present authorized by the constitution. This article shall not be construed to limit the power of the general court to impose and levy reasonable duties and excises.

ART. XLV. The general court shall have power to provide by law for voting by qualified voters of the commonwealth

who, at the time of an election, are absent from the city or town of which they are inhabitants in the choice of any officer to be elected or upon any question submitted at such election.

ART. XLVI. (In place of article XVIII of the articles of amendment of the constitution ratified and adopted April 9, 1821, the following article of amendment, submitted by the constitutional convention, was ratified and adopted November 6, 1917.) Article XVIII. Section 1. No law shall be passed prohibiting the free exercise of religion.

Section 2. All moneys raised by taxation in the towns and cities for the support of public schools, and all moneys which may be appropriated by the commonwealth for the support of common schools shall be applied to, and expended in, no other schools than those which are conducted according to law, under the order and superintendence of the authorities of the town or city in which the money is expended; and no grant, appropriation or use of public money or property or loan of public credit shall be made or authorized by the commonwealth or any political division thereof for the purpose of founding, maintaining or aiding any school or institution of learning, whether under public control or otherwise, wherein any denominational doctrine is inculcated, or any other school, or any college, infirmary, hospital, institution, or educational, charitable or religious undertaking which is not publicly owned and under the exclusive control, order and superintendence of public officers or public agents authorized by the commonwealth or federal authority or both, except that appropriations may be made for the maintenance and support of the Soldiers' Home in Massachusetts and for free public libraries in any city or town, and to carry out legal obligations, if any, already entered into; and no such grant, appropriation or use of public money or property or loan of public credit shall be made or authorized for the purpose of founding, maintaining or aiding any church, religious denomination or society.

Section 3. Nothing herein contained shall be construed to prevent the commonwealth, or any political division thereof, from paying to privately controlled hospitals, infirmaries, or institutions for the deaf, dumb or blind not more than the

ordinary and reasonable compensation for care or support actually rendered or furnished by such hospitals, infirmaries or institutions to such persons as may be in whole or in part unable to support or care for themselves.

Section 4. Nothing herein contained shall be construed to deprive any inmate of a publicly controlled reformatory, penal or charitable institution of the opportunity of religious exercises therein of his own faith; but no inmate of such institution shall be compelled to attend religious services or receive religious instruction against his will, or, if a minor, without the consent of his parent or guardian.

Section 5. This amendment shall not take effect until the October first next succeeding its ratification and adoption by the people.

ART. XLVII. The maintenance and distribution at reasonable rates, during time of war, public exigency, emergency or distress, of a sufficient supply of food and other common necessaries of life and the providing of shelter, are public functions, and the commonwealth and the cities and towns therein may take and may provide the same for their inhabitants in such manner as the general court shall determine.

[NOTE. Soon after the Declaration of Independence, steps were taken in Massachusetts toward framing a Constitution or Form of Government. The Council and House of Representatives, or the General Court of 1777-78, in accordance with a recommendation of the General Court, of the previous year, met together as a Convention, and adopted a form of Constitution "for the State of Massachusetts Bay," which was submitted to the people, and by them rejected. This attempt to form a Constitution having proved unsuccessful, the General Court on the 20th of February, 1779, passed a Resolve calling upon the qualified voters to give in their votes upon the questions - Whether they chose to have a new Constitution or Form of Government made, and, Whether they will empower their representatives to vote for calling a State Convention for that purpose. A large majority of the inhabitants having voted in the affirmative to both these questions, the General Court, on the 17th of June, 1779, passed a Resolve calling upon the inhabitants to meet and choose delegates to a Constitutional Convention, to be held at Cambridge, on the 1st of September, 1779. The Convention met at time and place appointed, and organized by choosing James

Bowdoin, President, and Samuel Barrett, Secretary. On the 11th of November the Convention adjourned, to meet at the Representatives' Chamber, in Boston, January 5th, 1780. On the 2d of March, of the same year, a form of Constitution having been agreed upon, a Resolve was passed by which the same was submitted to the people, and the Convention adjourned to meet at the Brattle Street Church, in Boston, June the 7th. At that time and place, the Convention again met, and appointed a Committee to examine the returns of votes from the several towns. On the 14th of June the Committee reported, and on the 15th the Convention resolved, "That the people of the State of Massachusetts Bay have accepted the Constitution as it stands, in the printed form submitted to their revision." A Resolve providing for carrying the new Constitution into effect was passed; and the Convention then, on the 16th of June, 1780, was finally dissolved. In accordance with the Resolves referred to, elections immediately took place in the several towns; and the first General Court of the COMMONWEALTH OF MASSACHUSETTS met at the State House, in Boston, on Wednesday, October 25th, 1780.

The Constitution contained a provision providing for taking, in 1795, the sense of the people as to the expediency or necessity of revising the original instrument. But no such revision was deemed necessary at that time. On the 16th of June, 1820, an Act was passed by the General Court, calling upon the people to meet in their several towns, and give in their votes upon the question, "Is it expedient that delegates should be chosen to meet in Convention for the purpose of revising or altering the Constitution of Government of this Commonwealth?" A large majority of the people of the State having voted in favor of revision, the Governor issued a proclamation announcing the fact, and calling upon the people to vote, in accordance with the provisions of the aforesaid Act, for delegates to the proposed Convention. The delegates met at the State House, in Boston, November 15, 1820, and organized by choosing John Adams, President, and Benjamin Pollard, Secretary. Mr. Adams, however, declined the appointment, and Isaac Parker was chosen in his stead. On the 9th of January, 1821, the Convention agreed to fourteen Articles of Amendment, and after passing a Resolve providing for submitting the same to the people, and appointing a committee to meet to count the votes upon the subject, was dissolved. The people voted on Monday, April 9th, 1821, and the Committee of the Convention met at the State House to count the votes, on Wednesday, May 24th. They made their return to the General Court; and at the request of the latter the Governor issued his proclamation on the 5th of June, 1821, announcing that nine of the fourteen Articles of Amendment had been adopted. These articles are numbered in the preceding pages from one to nine inclusive.

The tenth Article of Amendment was adopted by the General Court during the sessions of the political years 1829-30, and 1830-31, and was approved and ratified by the people May 11th, 1831.

The eleventh Article of Amendment was adopted by the General Court during the sessions of the years 1832 and 1833, and was approved and ratified by the people November 11th, 1833.

The twelfth Article of Amendment was adopted by the General Court during the sessions of the years 1835 and 1836, and was approved and ratified by the people November 14th, 1836.

The thirteenth Article of Amendment was adopted by the General Court during the sessions of the years 1839 and 1840, and was approved and ratified by the people April 6th, 1840.

The General Court of the year 1851 passed an Act calling a third Convention to revise the Constitution. The Act was submitted to the people, and a majority voted against the proposed Convention. In 1852, on the 7th of May, another Act was passed calling upon the people to vote upon the question of calling a Constitutional Convention. A majority of the people having voted in favor of the proposed Convention, election for delegates thereto took place in March, 1853. The Convention met in the State House, in Boston, on the 4th day of May, 1853, and organized by choosing Nathaniel P. Banks, Jr., President, and William S. Robinson and James T. Robinson, Secretaries. On the 1st of August, this Convention agreed to a form of Constitution, and on the same day was dissolved, after having provided for submitting the same to the people, and appointed a committee to meet to count the votes, and to make a return thereof to the General Court. The Committee met at the time and place agreed upon, and found that the proposed Constitution had been rejected.

The fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, and nineteenth Articles of Amendment were adopted by the General Court during the sessions of the years 1854 and 1855, and were approved and ratified by the people May 23d, 1855.

The twentieth, twenty-first and twenty-second Articles of Amendment were adopted by the General Court during the sessions of the years 1856 and 1857, and were approved and ratified by the people May 1st, 1857.

The twenty-third Article of Amendment was adopted by the General Court during the sessions of the years 1858 and 1859, and was approved and ratified by the people May 9th, 1859.