USA > Maine > Lincoln County > Chronicles of Lincoln County > Part 12
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'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 in the manner prescribed by law at the next biennial meetings in the month of September or to meet in the manner prescribed by law for calling and holding biennial meetings of said inhabitants for the election of senators and representatives, 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 Con- stitution.'
[The thirty-seventh amendment proposed to the people by a resolve of the sev- enty-sixth legislature, approved April 12, 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 XXXVIII
TENURE OF THE OFFICE OF SHERIFF
Section ten of article nine of the Constitution is hereby amended by striking out all that part of said section ten after the word "election" in the fourth line of said section as printed with the revised statutes of nineteen hundred and six- teen, and inserting in the place thereof the following: 'unless sooner removed as
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hereinafter provided. Whenever the governor and council upon complaint, due notice and hearing shall find that a sheriff is not faithfully or efficiently performing any duty imposed upon him by law, the governor may remove such sheriff from office and with the advice and consent of the council appoint another sheriff in his place for the remainder of the term for which such removed sheriff was elected. All vacancies in the office of sheriff, other than those caused by removal in the manner aforesaid, shall be filled in the same manner as is pro- vided in the case of judges and registers of probate,' so that said section as amended shall read as follows:
'Section 10. Sheriffs shall be elected by the people of their respective counties, by a plurality of the votes given in on the second Monday of September, and shall hold their office for two years from the first day of January next after their election, unless sooner removed as hereinafter provided.
Whenever the governor and council upon complaint, due notice and hearing shall find that a sheriff is not faithfully or efficiently performing any duty im- posed upon him by law, the governor may remove such sheriff from office and with the advice and consent of the council appoint another sheriff in his place for the remainder of the term for which such removed sheriff was elected. All vacancies in the office of sheriff, other than those caused by removal in the man- ner aforesaid shall be filled in the same manner as is provided in the case of judges and registers of probate.'
[The thirty-eighth amendment proposed to the people by a resolve of the sev- enty-eighth legislature, approved March 19, 1917, and on September 25, 1917, proclaimed by the governor to have been adopted by the people at a special elec- tion held September 19, 1917, took effect and became a part of the Constitution September 25, 1917, in accordance with the provisions of the resolve.]
ARTICLE XXXIX
APPOINTMENT OF REPRESENTATIVES IN THE EVENT OF MERGER OF TOWNS AND CITIES
Resolved: Two-thirds of the legislature concurring, that the following amend- ment to the Constitution of this State be proposed for action of the legal voters, to wit: By inserting in the eighth line of section three of part first of article four of the Constitution, after the words "but no town shall ever be entitled to more than seven representatives," the words 'except that in the event of the merger of towns or cities, the new town or city shall be allowed the combined representation of the former units,' so that said section as amended shall read as follows:
'Section 3. Each town having fifteen hundred inhabitants may elect one rep- resentative; each town having three thousand seven hundred and fifty may elect two; each town having six thousand seven hundred and fifty may elect three; each town having ten thousand five hundred may elect four; each town having fifteen thousand may elect five; each town having twenty thousand two hundred and fifty may elect six; each town having twenty-six thousand two hundred and fifty may elect seven; but no town shall ever be entitled to more than seven representatives, except that in the event of the merger of towns or cities, the new town or city shall be allowed the combined representation of the former units; and towns and plantations duly organized, not having fifteen hundred inhabitants shall be classed as conveniently as may be into districts containing that number, and so as not to divide towns, and each such district may elect one representative; and when on this apportionment the number of representatives shall be two hundred, a different apportionment shall take place upon the above principle; and in case the fifteen hundred shall be too large or too small to apportion all the representatives to any county, it shall be so increased or dimin- ished as to give the number of representatives according to the above rule, and
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proportion; and whenever any town or towns, plantation or plantations not entitled to elect a representative shall determine against a classification with any other town or plantation, the legislature may, at each apportionment of repre- sentatives on the application of such town or plantation, authorize it to elect a representative for such portion of time and such periods, as shall be equal to its portion of representation; and the right of representation so established, shall not be altered until the next general apportionment.'
[The thirty-ninth amendment proposed to the. people by a resolve of the sev- enty-eighth legislature, approved April 7, 1917, and on September 25, 1917, proclaimed by the governor to have been adopted by the people at a special elec- tion held September 19, 1917, took effect and became a part of the Constitution September 25, 1917, in accordance with the provisions of the resolve.]
ARTICLE XL MILITARY
Resolved: Two-thirds of the legislature concurring, that article seven of the Constitution be amended by striking out all of sections one, two, three, four and five of said article and substituting therefor the following sections:
'Section 1. All commissioned officers of the militia shall be appointed and commissioned by the governor, from such persons as are qualified by law to hold such offices.
Section 2. The legislature shall, by law, designate the qualifications necessary for holding a commission in the militia and shall prescribe the mode of selection of officers for the several grades.
Section 3. The adjutant general shall be appointed by the governor. But the adjutant general shall also perform the duties of quartermaster general and pay- master general until otherwise directed by law.
Section 4. The organization, armament and discipline of the militia and of the military and naval units thereof shall be the same as that which is now or may hereafter be prescribed by the laws and regulations of the United States ; and it shall be the duty of the governor to issue from time to time such orders and regulations and to adopt such other means of administration, as shall main- . tain the prescribed standard of organization, armament and discipline; and such orders, regulations and means adopted shall have the full force and effect of the law.
Section 5. Persons of the denominations of Quakers and Shakers, justices of the supreme judicial court, ministers of the gospel and persons exempted by the laws of the United States may be exempted from military duty, but no other able-bodied person of the age of eighteen and under the age of forty-five years, excepting officers of the militia who have been honorably discharged, shall be so exempted unless he shall pay an equivalent to be fixed by law.'
[The fortieth amendment proposed to the people by a resolve of the seventy-" ninth legislature, approved March 8, 1919, and on September. 24, 1919, pro- claimed by the governor to have been adopted by the people at a special election held September 8, 1919, took effect and became a part of the Constitution Sep- tember 24, 1919, in accordance with the provisions of the resolve.]
ARTICLE XLI
BOND ISSUE FOR PUBLIC WHARVES AND ADEQUATE PORT FACILITIES
Article nine of the Constitution is hereby amended by adding thereto the fol- lowing section :
'Section 18. The legislature may authorize the issuing of bonds not to exceed the amount of one million one hundred and fifty thousand dollars, payable within twenty years at a rate of interest of four per centum per annum payable semi- annually; which bonds shall be issued serially under the direction of the governor
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and council. The said bonds or their proceeds shall be devoted exclusively to the building and maintaining of public wharves and the establishment of adequate port facilities in the State of Maine.'
Section fourteen of said article nine, as amended by article thirty-five, is hereby further amended by adding after the word "war" in the seventh line the words 'or for the purposes of building and maintaining public wharves and for the establishment of adequate port facilities in the State of Maine;' so that said section fourteen, as amended, shall read as follows:
'Section 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 lia- bilities, on behalf of the state, which shall singly, or in the aggregate, with pre- vious debts and liabilities hereafter incurred at any one time, exceed three hun- dred thousand dollars, except for the purposes of building and maintaining of state highways, to suppress insurrection, to repel invasion, or for purposes of war, or for the purposes of building and maintaining public wharves and for the establishment of adequate port facilities in the State of Maine; but this amend- ment shall not be construed to refer to any money that has been, or may be de- posited 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 forty-first amendment proposed to the people by a resolve of the seventy- ninth legislature, approved March 28, 1919, and on September 24, 1919, pro- claimed by the governor to have been adopted by the people at a special election held September 8, 1919, took effect and became a part of the Constitution Sep- tember 24, 1919, in accordance with the provisions of the resolve.]
ARTICLE XLII
INCREASE OF STATE DEBT LIMIT
Section fourteen of article nine of the Constitution, as amended by article thirty-five of the Constitution, is hereby further amended by striking out after the word "exceed" in the fifth line thereof the words "three hundred thousand dollars" and inserting in place thereof the words 'eight hundred thousand dol- lars,' so that said section, as amended, shall read as follows:
'Section 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 lia- bilities, on behalf of the state, which shall singly, or in the aggregate, with pre- vious debts and liabilities hereafter incurred at any one time, exceed eight hun- dred 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 forty-second amendment proposed to the people by a resolve of the sev- enty-ninth legislature, approved April 4, 1919, and on September 24, 1919, pro- claimed by the governor to have been adopted by the people at a special election held September 8, 1919, took effect and became a part of the Constitution Sep- tember 24, 1919, in accordance with the provisions of the resolve.]
ARTICLE XLIII
BOND ISSUE FOR STATE HIGHWAYS AND ' INTRASTATE, INTERSTATE AND INTERNATIONAL" BRIDGES
Section fourteen of article nine of the Constitution, as amended by article thirty-five of the Constitution, is hereby further amended by striking out the words "and maintaining of" in the sixth line thereof and by adding after the word "highways" in the sixth line thereof the words 'intrastate, interstate and international bridges,' so that said section, as amended, shall read as follows:
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'Section 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 lia- bilities on behalf of the state, which shall singly, or in the aggregate, with pre- vious debts and liabilities hereafter incurred at any one time, exceed three hun- dred thousand dollars, except for the purposes of building state highways, intra- state, interstate and international bridges, to suppress insurrection, to repel inva- sion 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 govern- ment of the United States, or to any fund which the state shall hold in trust for any Indian tribe.'
Section seventeen of said article is amended by striking out after the word "exceeding" in the first and second lines thereof the word' "two" and inserting in place thereof the word 'ten' and by striking out after the word "exceeding" in the third line thereof the word "four" and inserting in place thereof the word 'five' and by striking out in the fifth line thereof the words "and maintaining" and by adding after the word "highways" in the fifth line the words 'and intra- state, interstate and international bridges,' and by striking out after the word "exceed" in the seventh line thereof the word "two" and inserting in place thereof the word 'ten,' so that said section, as amended, shall read as follows:
'Section 17. The legislature may authorize the issuing of bonds not exceeding ten million dollars in amount at any one time, payable within forty-one years, at a rate of interest not exceeding five per centum per annum, payable semi- annually, which bonds or their proceeds shall be devoted solely to the building of state highways, and intrastate, interstate and international bridges; provided, however, that bonds issued and outstanding under the authority of this section shall never, in the aggregate, exceed ten million dollars; the expenditure of said money to be divided equitably among the several counties of the state.'
[The forty-third amendment proposed to the people by a resolve of the seventy- ninth legislature, approved April 4, 1919, and on September 24, 1919, proclaimed by the governor to have been adopted by the people at a special election held September 8, 1919, took effect and became a part of the Constitution September 24, 1919, in accordance with the provisions of the resolve.]
ARTICLE XLIV
CONTINUATION OF RIGHT OF SUFFRAGE FOR THREE MONTHS AFTER REMOVAL TO ANTHER TOWN OR PLANTATION WITHIN THIS STATE
Section one of article two is hereby amended by inserting after the word "established" in the sixth line of said section, the following words: 'and he shail continue to be an elector in such town or plantation for the period of three months after his removal therefrom, if he continues to reside in this state during said period;' so that said section, as amended, shall read as follows:
'Section 1. Every male citizen of the United States of the age of twenty-one years and upwards, excepting paupers, persons under guardianship, and Indians not taxed, having his residence established in: this state for the term of three months next preceding any election, shall be an elector for governor, senators and representatives, in the town or plantation where his residence is so estab- lished, and he shall continue to be an elector in such town or plantation for the period of three months after his removal therefrom, if he continues to reside in this state during said period; and the elections shall be by written ballot. But persons in the military, naval or marine service of the United States, or of this state, shall not be considered as having obtained such established residence by being stationed in any garrison, barrack, or military place, in any town or plan- tation; nor shall the residence of a student at any seminary of learning entitle him to the right of suffrage in the town or plantation where such seminary is established. No person, however, shall be deemed to have lost his residence by
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reason of his absence from the state in the military service of the United States, or this state.'
[The forty-fourth amendment proposed to the people by a resolve of the sev- enty-ninth legislature, approved March 28, 1919, and on September 24, 1919, proclaimed by the governor to have been adopted by the people at a special elec- tion held September 8, 1919, took effect and became a part of the Constitution January 7, 1920, in accordance with the provisions of section two of chapter one of the Revised Statutes. ]
BOND ISSUE FOR BONUS, WAR WITH GERMANY
Article nine of the Constitution is hereby amended by adding thereto the fol- lowing section:
'Sec. 19. The legislature may authorize the issuing of bonds not to exceed the amount of three million dollars, payable within ten years, which bonds or their proceeds shall be devoted exclusively to paying a bonus to Maine soldiers and sailors in the war with Germany.'
Section fourteen of said article nine, as amended by articles thirty-five, forty- one, forty-two, and forty-three, is hereby further amended by adding after the word "war" in the seventh line thereof the words 'to provide for the payment of a bonus to Maine soldiers and sailors in the war with Germany'; 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 liabili- ties, on behalf of the state, which shall singly, or in the aggregate, with previous debts and liabilities hereafter incurred at any one time, exceed eight hundred thousand dollars, except for the purposes of building state highways, intrastate, interstate and international bridges; to suppress insurrection, to repel invasion, or for purposes of war; to provide for the payment of a bonus to Maine soldiers and sailors in the war with Germany, or for the purposes of building and main- taining public wharves and for the establishment of adequate port facilities in the State of Maine; 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.'
[Approved November 7, 1919; adopted September 13, 1920; proclaimed Sep- tember 22, 1920; effective on proclamation.]
VOTING PLACES
Section sixteen of article nine is hereby amended by striking out all of said section and substituting in place thereof the following:
'Sec. 16. The legislature may by law authorize the dividing of towns into voting districts for all state and national elections, and prescribe the manner in which the votes shall be received, counted, and the result of the election declared.'
[Approved March 8, 1919; adopted September 13, 1920; proclaimed October 1, 1920; effective on proclamation.]
ABSENT VOTING
Section five, article four, part first, of the Constitution of Maine, as amended by the twenty-third amendment, is hereby further amended by striking out the word "present" in the fifth and thirty-fourth lines thereof, so that said section as amended shall read as follows:
'Sec. 5. The meetings within this state for the choice of representatives shall be warned in due course of law by the selectmen of the several towns seven days at least before the election, and the selectmen thereof shall preside impartially at such meetings, receive the votes of all the qualified electors, sort, count and
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declare them in open town meeting, and in the presence of the town clerk, who shall form a list of the persons voted for, with the number of votes for each ·person against his name, shall make a fair record thereof in the presence of the selectmen and in open town meeting. And the towns and plantations organized by law, belonging to any class herein provided, shall hold their meetings at the same time in the respective towns and plantations; and the town and plantation meetings in such towns and plantations shall be notified, held and regulated, the votes received, sorted, counted and declared in the same manner. And the as- sessors and clerks of plantations shall have all the powers, and be subject to all the duties, which selectmen and town clerks have, and are subject to by this Con- stitution. And fair copies of the lists of votes shall be attested by the selectmen and town clerks of towns, and the assessors of plantations, and sealed up in open town and plantation meetings; and the town and plantation clerks respectively shall cause the same to be delivered into the secretary's office thirty days at least before the first Wednesday of January biennially. And the governor and council shall examine the returned copies of such lists, and also all lists of votes of citizens in the military service, returned to the secretary's office, as provided in article second, section four, of this Constitution; and twenty days before the said first Wednesday of January, biennially, shall issue a summons to such persons as shall appear to be elected by a plurality of all the votes returned, to attend and take their seats. But all such lists shall be laid before the house of repre- sentatives on the first Wednesday of January biennially, and they shall finally determine who are elected. The electors resident in any city may, at any meet- ing duly notified for the choice of representatives, vote for such representatives in their respective ward meetings, and the wardens in said wards shall preside impartially at such meetings, receive the votes of all qualified electors, sort, count and declare them in open ward meetings, and in the presence of the ward clerk, who shall form a list of the persons voted for, with the number of votes for each person against his name, shall make a fair record thereof in the presence of the warden, and in open ward meetings; and a fair copy of this list shall be attested by the warden and ward clerk, sealed up in open ward meeting, and delivered to the city clerk within twenty-four hours after the close of the polls. And the electors resident in any city may at any meetings duly notified and holden for the choice of any other civil officers for whom they have been required heretofore to vote in town meeting, vote for such officers in their respective wards, and the same proceedings shall be had by the warden and ward clerk in each ward, as in the case of votes for representatives. And the aldermen of any city shall be in session within twenty-four hours after the close of the polls in such meetings, and in the presence of the city clerk shall open, examine and compare the copies from the lists of votes given in the several wards, of which the city clerk shall make a record, and return thereof shall be made into the secretary of state's office in the same manner as selectmen of towns are required to do.'
[Adopted September 12, 1921; approved April 6, 1921; proclaimed October 29, 1921; effective first Wednesday of 1923.]
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