USA > Maine > Lincoln County > Chronicles of Lincoln County > Part 11
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CONSTITUTION OF MAINE
[The twenty-fifth amendment was proposed to the people by a resolve of the fifty-ninth legislature passed March 18, 1880, and was adopted September 13, as appears from the transactions of the governor and council, preserved in the office of the secretary of state, wherein it is recorded that the report of the committee on elections to that effect was accepted by the council and approved by the gov- ernor, October 20, 1880. The amendment was never proclaimed by the governor nor declared by the legislature, and it is not known that any public evidence of its adoption is in existence. ]
ARTICLE XXVI
PROHIBITION OF THE MANUFACTURE AND SALE OF INTOXICATING LIQUORS
The manufacture of intoxicating liquors, not including cider, and the sale and keeping for sale of intoxicating liquors, are and shall be forever prohibited. Except, however, that the sale and keeping for sale of such liquors for medicinal and mechanical purposes and the arts, and the sale and keeping for sale of cider may be permitted under such regulations as the legislature may provide. The legislature shall enact laws with suitable penalties for the suppression of the manufacture, sale and keeping for sale of intoxicating liquors, with the excep- tions herein specified.
[The twenty-sixth amendment proposed to the people by a resolve of the sixty- first legislature, approved February 21, 1883, and on December 3, 1884, pro- claimed by the governor to have been adopted by the people at the election held September 8, 1884, took effect and bcame a part of the Constitution January 7, 1885, in accordance with the provisions of section two, chapter one of the Re- vised Statutes. ]
ARTICLE XXVII
ELIGIBILITY OF THE TREASURER OF STATE
The treasurer shall be chosen biennially, at the first session of the legislature, by joint ballot of the senators and representatives in convention, but shall not be eligible more than six years successively.
[The twenty-seventh amendment proposed to the people by a resolve of the sixty-third legislature, approved March 10, 1887, and on December 14, 1888, proclaimed by the governor to have been adopted by the people at the election held September 10, 1888, took effect and became a part of the Constitution Jan- uary 2, 1889, in accordance with the provisions of section two, chapter one of the Revised Statutes. ]
ARTICLE XXVIII
APPOINTMENT OF ADJUTANT GENERAL
The major generals shall be elected by the Senate and House of Representatives, each having a negative on the other. The adjutant general and quartermaster general shall be appointed by the governor. But the adjutant general shall per- form the duties of quartermaster general until otherwise directed by law. The major generals and brigadier generals and the commanding officers of regiments and battalions, shall appoint their respective staff officers; and all military officers shall be commissioned by the governor.
[The twenty-eighth amendment proposed to the people by a resolve of the sixty- fourth legislature, approved March 31, 1891, and on December 13, 1892, pro- claimed by the governor to have been adopted by the people at the election held September 12, 1892, took effect and became a part of the Constitution January 4, 1893, in accordance with the provisions of section two, chapter one of the Revised Statutes. ]
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CONSTITUTION OF MAINE
ARTICLE XXIX
EDUCATIONAL QUALIFICATIONS OF VOTERS
No person shall have the right to vote or be eligible to office under the Con- stitution of this State, who shall not be able to read the Constitution in the English language and write his name; provided, however, that the provisions of this amendment shall not apply to any person prevented by a physical disability from complying with its requisitions, nor to any person who now has the right to vote, nor to any person who shall be sixty years of age or upwards at the time- this amendment shall take effect.
[The twenty-ninth amendment proposed to the people by a resolve of the sixty- fourth legislature, approved April 2, 1891, and on December 13, 1892, proclaimed by the governor to have been adopted by the people at the election held Septem- ber 12, 1892, took effect and became a part of the Constitution January 4, 1893, in accordance with the provisions of section two, chapter one of the Revised Statutes. ]
ARTICLE
VACANCIES IN THE SENATE
Section five, in article four, part two, is hereby amended by striking out the words "and in this manner all vacancies in the senate shall be supplied as soon as may be after such vacancies happen," and substituting therefore the following:
'But all vacancies in the senate, arising from death, resignation, removal from the State, or like causes, shall be filled by an immediate election in the unrepre- sented district. The governor shall issue his proclamation therefor and therein fix the time of such election.'
[The thirtieth amendment proposed to the people by a resolve of the sixty- eighth legislature, approved March 27, 1897, and on October 25, 1898, pro- claimed by the governor to have been adopted by the people at the election held September 12, 1898, took effect and became a part of the Constitution January 4, 1899, in accordance with the provisions of section two, chapter one of the Revised Statutes. ]
ARTICLE XXXI
THE DIRECT INITIATIVE OF LEGISLATION AND OPTIONAL REFERENDUM
Part first of article four is hereby amended as follows, namely:
By striking out all of section one after the word "Maine" in the third line thereof, and inserting in lieu thereof the following words, 'but the people reserve to themselves power to propose laws and to enact or reject the same at the polls independent of the legislature, and also reserve power at their own option to approve or reject at the polls any act, bill, resolve or resolution passed by the joint action of both branches of the legislature, and the style of their laws and acts shall be 'Be it enacted by the people of the State of Maine,' so that said section as amended, shall read as follows, namely:
"The legislative power shall be vested in two distinct branches, a house of rep- resentatives and a senate, each to have a negative on the other, and both to be styled the legislature of Maine, but the people reserve to themselves power to propose laws and to enact or reject the same at the polls independent of the legislature, and also reserve power at their own option to approve or reject at the polls any act, bill, resolve or resolution passed by the joint action of both branches of the legislature, and the style of their laws and acts shall be, 'Be it enacted by the people of the State of Maine.'
Part third of article four is hereby amended as follows, namely:
By inserting in section one, after the words "biennially and" in the second line thereof, the words 'with the exceptions hereinafter stated,' so that said section shall read as amended:
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CONSTITUTION OF MAINE
"The legislature shall convene on the first Wednesday of January, bien- nially, and, with the exceptions hereinafter stated, shall have full power to make and establish all reasonable laws and regulations for the defense and benefit of the people of this state, not repugnant to this Constitution nor to that of the United States.'
Part third of article four is further amended by adding to said article the fol- lowing sections to be numbered from sixteen to twenty-two inclusive, namely:
Sec. 16. No act or joint resolution of the legislature, except such orders or resolutions as pertain solely to facilitating the performance of the business of the legislature, of either branch, or of any committee or officer thereof, or appro- priate money therefor or for the payment of salaries fixed by law, shall take effect until ninety days after the recess of the legislature passing it, unless in case of emergency, (which with the facts constituting the emergency shall be expressed in the preamble of the act), the legislature shall, by a vote of two- thirds of all the members elected to each house, otherwise direct. An emergency bill shall include only such measures as are immediately necessary for the pres- servation of the public peace, health or safety; and shall not include (1) an infringement of the right of home rule for municipalities, (2) a franchise or a license to a corporation or an individual to extend longer than one year, or (3) provision for the sale or purchase or renting for more than five years of real estate.
Sec. 17. Upon written petition of not less than ten thousand electors, ad- dressed to the governor and filed in the office of the secretary of state within ninety days after the recess of the legislature, requesting that one or more acts, bills, resolves or resolutions, or part or parts thereof passed by the legislature, but not then in effect by reason of the provisions of the preceding section, be referred to the people, such acts, bills, resolves, or resolutions or part or parts thereof as are specified in such petition shall not take effect until thirty days after the governor shall have announced by public proclamation that the same have been ratified by a majority of the electors voting thereon at a general or special election. As soon as it appears that the effect of any act, bill, resolve or reso- lution or part or parts thereof has been suspended by petition in manner afore- said, the governor by public proclamation shall give notice thereof and of the time when such measure is to be voted on by the people, which shall be at the next general election not less than sixty days after such proclamation, or in case of no general election within six months thereafter the governor may, and if so requested in said written petition therefor, shall order such measure submitted to the people at a special election not less than four nor more than six months after his proclamation thereof.
Sec. 18. The electors may propose to the legislature for its consideration any bill, resolve or resolution, including bills to amend or repeal emergency legislation but not an amendment of the state constitution, by written petition addressed to the legislature or to either branch thereof and filed in the office of the secre- tary of state or presented to either branch of the legislature at least thirty days before the close of its session. Any measure thus proposed by not less than twelve thousand electors, unless enacted without change by the legislature at the session at which it is presented, shall be submitted to the electors together with any amended form, substitute, or recommendation of the legislature, and in such manner that the people can choose between the competing measures or reject both. When there are competing bills and neither receives a majority of the votes given for or against both, the one receiving the most votes shall at the next general election to be held not less than sixty days after the first vote thereon be sub- mitted by itself if it receives more than one-third of the votes given for and against both. If the measure initiated is enacted by the legislature without change, it shall not go to a referendum vote unless in pursuance of a demand made in accordance with the preceding section. The legislature may order a special elec-
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CONSTITUTION OF MAINE
tion on any measure that is subject to a vote of the people. The governor may, and if so requested in the written petitions addressed to the legislature, shall, by proclamation, order any measure proposed to the legislature by at least twelve thousand electors as herein provided, and not enacted by the legislature without change, referred to the people at a special election to be held not less than four or more than six months after such proclamation, otherwise said measure shall be voted upon at the next general election held not less than sixty days after the recess of the legislature, to which such measure was proposed.
Sec. 19. Any measure referred to the people and approved by a majority of the votes given thereon shall, unless a later date is specified in said measure, take effect and become a law in thirty days after the governor has made public procla- mation of the result of the vote on said measure, which he shall do within ten days after the vote thereon has been canvassed and determined. The veto power of the governor shall not extend to any measure approved by vote of the people, and any measure initiated by the people and passed by the legislature without change, if vetoed by the governor and if his veto is sustained by the legislature shall be referred to the people to be voted on at the next general election. The legislature may enact measures expressly conditioned upon the people's ratification by a referendum vote.
Sec. 20. As used in either of the three preceding sections the words 'electors' and 'people' mean the electors of the state qualified to vote for governor; 'recess of the legislature' means the adjournment without day of a session of the legis- lature; 'general election' means the November election for choice of presidential electors or the September election for choice of governor and other state and county officers; 'measure' means an act, bill, resolve or resolution proposed by the people, or two or more such, or part or parts of such, as the case may be; 'written petition' means one or more petitions written or printed, or partly writ- ten and partly printed, with the original signatures of the petitioners attached, verified as to the authenticity of the signatures by the oath of one of the peti- tioners certified thereon, and accompanied by the certificate of the clerk of the city, town or plantation in which the petitioners reside that their names appear on the voting list of his city, town or plantation as qualified to vote for governor. The petitions shall set forth the full text of the measure requesed or proposed. The full text of a measure submitted to a vote of the people under the provisions of the Constitution need not be printed on the official ballots, but, until otherwise provided by the legislature, the secretary of state shall prepare the ballots in such form as to present the question or questions concisely and intelligibly.
Sec. 21. The city council of any city may establish the initiative and referen- dum for the electors of such city in regard to its municipal affairs, provided that the ordinance establishing and providing the method of exercising such initiative and referendum shall not take effect until ratified by vote of a majority of the electors of said city, voting thereon at a municipal election. Provided, however, that the legislature may at any time provide a uniform method for the exercise of the initiative and referendum in municipal affairs.
Sec. 22. Until the legislature shall enact further regulations not inconsistent with the Constitution for applying the people's veto and direct initiative, the election officers and other officials shall be governed by the provisions of this Constitution and of the general law, supplemented by such reasonable action as may be necessary to render the preceding sections self executing.
[The thirty-first amendment proposed to the people by a resolve of the seventy- third legislature, approved March 20, 1907, and on October 30, 1908, proclaimed by the governor to have been adopted by the people at the election held September 14, 1908, took effect and became a part of the Constitution January 6, 1909, in :accordance with the provisions of section two, chapter one of the Revised Statutes. ].
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CONSTITUTION OF MAINE
ARTICLE XXXII
ADOPTION OF AMENDMENTS
Section two in article ten as amended by the resolve of the fifty-eighth legis- lature passed March fourth, eighteen hundred and seventy-nine, and adopted Sep- tember eighth, eighteen hundred and seventy-nine, is hereby further amended by striking out the words "in the manner prescribed by law, at their next biennial meetings in the month of September," and inserting in place thereof the words: 'to meet in the manner prescribed by law for calling and holding biennial meet- ings of said inhabitants for the election of senators and representatives on the second Monday in September following the passage of said resolve;' so that said section as amended, shall read as follows:
"Sec. 2. The legislature, whenever two-thirds of both houses shall deem it necessary, may propose amendments to this Constitution; and, when any amend- ments shall be so agreed upon, a resolution shall be passed and sent to the select- men of the several towns, and the assessors of the several plantations, empower- ing and directing them to notify the inhabitants of their respective towns and plantations, to meet in the manner prescribed by law for calling and holding biennial meetings of said inhabitants for the election of senators and representa- tives, on the second Monday in September following the passage of said resolve, to give in their votes on the question, whether such amendments shall be made; and if it shall appear that a majority of the inhabitants voting on the question are in favor of such amendment, it shall become a part of this Constitution.'
[The thirty-second amendment proposed to the people by a resolve of the sev- enty-third legislature, approved March 28, 1907, and on October 30, 1908, pro- claimed by the governor to have been adopted by the people at the election held September 14, 1908, took effect and became a part of the Constitution January 6, 1909, in accordance with the provisions of section two, chapter one of the Revised Statutes. ]
ARTICLE XXXIII SEAT OF GOVERNMENT
Augusta is hereby declared to be the seat of government of this State.
[The thirty-third amendment proposed to the people by a resolve of the sev- enty-fifth legislature, approved March 31, 1911, and on January 23, 1913, de- clared by a resolve of the legislature to have been adopted by the people at a special election held September 11, 1911, took effect and became a part of the Constitution January 23, 1913, in accordance with the provisions of the resolve. ]
ARTICLE XXXIV LIMITATION OF MUNICIPAL INDEBTEDNESS
Article twenty-two of said Constitution, limiting municipal indebtedness, is hereby amended by inserting after the word "town" in the first line thereof, the following words, 'having less than forty thousand inhabitants, according to the last census taken by the United States,' and by inserting after the word "how- ever" in the fourth line, the following words, 'that cities having a population of forty thousand or more, according to the last census taken by the United States may create a debt or liability which single or in the aggregate with previous debt or liability, shall equal seven and one-half per centum of the last regular valu- ation of said city, that cities of forty thousand inhabitants or over, may, by a majority vote of their city government, increase the present rate of five per centum by one-fourth of one per centum in any one municipal year until in not less than ten years, the maximum rate of seven and one-half per cent is reached, that any city failing to take the increase in any one municipal year then the increase for that year is lost and no increase can be made until the next year as provided above, and provided further,' so that said article as amended, shall read as fol- lows:
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CONSTITUTION OF MAINE
'No city or town having less than forty thousand inhabitants, according to the last census taken by the United States, shall hereafter create any debt or liability, which single or in the aggregate, with previous debts or liabilities shall exceed five per centum of the last regular valuation of said city or town; provided, however, that cities having a population of forty thousand or more, according to the last census taken by the United States, may create a debt or liability which single or in the aggregate, with previous debts or liabilities, shall equal seven and one-half per cent of the last regular valuation of said city, that cities of forty thousand inhabitants or over, may, by a majority vote of their city govern- ment, increase the present rate of five per centum by one-fourth of one per cent in any one municipal year, until, in not less than ten years, the maximum rate of seven and one-half per cent is reached, that any city failing to take the in- crease in any one municipal year then the increase for that year is lost and no increase can be made until the next year as provided above, and provided further, that the adoption of this article shall not be construed as applying to any fund received in trust by said city or town, nor to any loan for the purpose of renew- ing existing loans or for war, or to temporary loans to be paid out of the money raised by taxes during the year in which they were made.'
[The thirty-fourth amendment proposed to the people by a resolve of the sev- enty-fifth legislature, approved March 31, 1911, and on January 23, 1913, de- clared by a resolve of legislature to have been adopted by the people at a special election held September 11, 1911, took effect and became a part of the Consti- tution January 23, 1913, in accordance with the provisions of the resolve.]
ARTICLE XXXV
BOND ISSUE FOR STATE HIGHWAYS
Article nine of the Constitution is hereby amended by adding the following section :
Sec. 17. The legislature may authorize the issuing of bonds not exceeding two million dollars in amount at any one time, payable within forty-one years, at a rate of interest not exceeding four per centum per annum, payable semi- annually, which bonds or their proceeds shall be devoted solely to the building and maintaining of state highways; provided, however, that bonds issued and outstanding under the authority of this section shall never, in the aggregate, exceed two million dollars; the expenditure of said money to be divided equitably among the several counties of the state.
Section fourteen of said article is amended by adding after the word "except," in the fifth line thereof, the following words: 'For the purposes of building and maintaining of state highways,' so that said section fourteen, as amended, shall read as follows :
'Sec. 14. The credit of the state shall not be directly or indirectly loaned in any case. The legislature shall not create any debt or debts, liability or liabilities, on behalf of the state, which shall singly, or in the aggregate, with previous debts and liabilities hereafter incurred at any one time, exceed three hundred thousand dollars, except for the purposes of building and maintaining of state highways, to suppress insurrection, to repel invasion, or for purposes of war; but this amendment shall not be construed to refer to any money that has been, or may be deposited with this state by the government of the United States, or to any fund which the state shall hold in trust for any Indian tribe.'
[The thirty-fifth amendment proposed to the people by a resolve of the sev- enty-fifth legislature, approved March 25, 1912, and on January 23, 1913, de- clared by a resolve of the legislature to have been adopted by the people at the election held September 9, 1912, took effect and became a part of the Consti- tution January 23, 1913, in accordance with the provisions of the resolve.]
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CONSTITUTION OF MAINE
ARTICLE XXXVI
CLASSIFICATION OF PROPERTY FOR PURPOSES OF TAXATION
Section eight of article nine of the Constitution is hereby amended by adding to said section the following words: 'But the legislature shall have power to levy a tax upon intangible personal property at such rate as it deems wise and equitable without regard to the rate applied to other classes of property,' so that said sec- tion as amended shall read as follows:
'Sec. 8. All taxes upon real and personal estate, assessed by authority of this state, shall be apportioned and assessed equally, according to the just value there- of; but the legislature shall have power to levy a tax upon intangible personal property at such rate as it deems wise and equitable without regard to the rate applied to other classes of property.'
[The thirty-sixth amendment proposed to the people by a resolve of the sev- enty-sixth legislature, approved April 4, 1913, and on March 31, 1915, declared by a resolve of legislature to have been adopted by the people at a special election held September 8, 1913, took effect and became a part of the Constitution March 31, 1915, in accordance with the provisions of the resolve.]
ARTICLE XXXVII
ADOPTION OF AMENDMENTS
Section two in article ten as amended by the resolve of the fifty-eighth legis- lature passed March fourth, eighteen hundred and seventy-nine, and adopted Sep- tember eighth, eighteen hundred and seventy-nine, as amended by the resolve of the seventy-third legislature passed March twenty-eighth, nineteen hundred and seven, and adopted September fourteenth, nineteen hundred and eight, is hereby further amended by inserting after the word "plantations" in the seventh line of said section two the following words: 'in the manner prescribed by law at the next biennial meetings in the month of September or,' so that said section as amended shall read as follows:
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