USA > Maine > Maine register, state year-book and legislative manual > Part 10
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SEC. 20. In all civil suits, and in all controversies Trial by jury. concerning property, the parties shall have a right to a trial by jury, except in cases where it has heretofore been otherwise practiced; the party claiming the right may be heard by himself and his counsel, or either, at his election.
SEO. 21. Private property shall not be taken for Private prop- public uses without just compensation; mor unless the erty not to be public exigencies require it.
taken without just compen- nation
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ANNUAL REGISTER OF MAINE.
Taxes. SEC. 22. No tax or duty shall be imposed without the consent of the people or of their representatives in the Legis- lature.
Titles of no- bility prohib- SEC. 23. No title of nobility or hereditary dis- ited. tinction, privilege, honor, or emolument, shall ever be Tenure of off- granted or confirmed, nor shall any office be created,
ces limited. the appointment to which shall be for a longer time than during good behavior.
Other rights SEO. 24. The enumeration of certain rights shall not impaired. not impair nor deny others retained by the people.
ARTICLE II. ELECTORS.
Qualification SEC. 1. Every male citizen of the United States of of electors. 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 Gov- ernor, Senators, and Representatives, in the town or plantation Written ballot where his residence is so established; and the elections Soldiers or seamen in U. shall be by written ballot. But persons in the military, naval, or marine service of the United States, or this S. service. 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 plantation; nor shall the resi- Students at dence of a student at any seminary of learning entitle
colleges and academies. him to the right of suffrage in the town or plantation Resolve Mar. where such seminary is established. No person, 24, 1864. however, shall be deemed to have lost his residence
Amendment, art. x. by reason of his absence from the State in the military service of the United States, or of this State.
Electors ex- SEC. 2. Electors shall, in all cases, except treason, empt from ar- felony, or breach of the peace, be privileged from
rest on days of
election. arrest on the days of election, during their attendance at, going to, and returning therefrom.
military duty.
-exempt from SEO. 3. No elector shall be obliged to do duty in the militia on any day of election, except in time of war or public danger.
Time of elec- SEC. 4. The election of Governor, Senators, and tion. Representatives shall be on the second Monday of September annually forever. But citizens of the State absent *therefrom in the military service of the United States or of this Citizens who State, and not in the regular army of the United States, being otherwise qualified electors, shall be
may be allow- ed to vote for governor, &c allowed to vote on Tuesday next after the first Mon- day of Nwember, in the year of our Lord one thousand eight hundred and sixty-four, for Governor and Senators, and their votes shall be counted and allowed in the same manner, and with the same effect, as if given on the second Monday of September in that year. And they shall be allowed to vote for Governor.
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CONSTITUTION OF MAINE.
Bonators, and Representatives, on the second Monday of Septem- ber annually thereafter forever, in the manner herein provided. On the day of election a poll shall be opened at every Polls, where place without this State where a regiment, battalion, ed. shall be open- battery, company, or detatchment, of not less than Amendment, twenty soldiers from the State of Maine, may be found art. x. Resolve, Mar. or stationed, and every citizen of said State of the age 24, 1864. of twenty-one years, in such military service, shall be entitled to vote as aforesaid; and he shall be considered as voting in the city, town, plantation, and county in this State where he resided when he entered the service. The vote shall be taken Vote, how by regiments when it can conveniently be done; when taken.
not so convenient, any detatchment or part of a regiment, not less than twenty in number, and any battery or part thereof numbering twenty or more, shall be entitled to vote wherever they may be. The three ranking officers of such regiment, bat- talion, battery, company, or part of either, as the case may be, act- ing as such on the day of election, shall be supervisors Who shall act of elections. If no officers, then three non-commission- as supervisors. ed officers according to their seniority shall be such supervisors. If any officer or non-commissioned officer shall neglect or refuse to act, the next in rank shall take his place. In case there are no officers or non-commissioned officers present, or if they or either of them refuse to act, the electors present, not less than twenty, may choose, by written ballot, enough of their own number, not exceeding three, to fill the vacancies, and the persons so chosen shall be supervisors of elections. All supervisors shall Supervisors be first sworn to support the Constitution of the shall be sworn. United States and of this State, and faithfully and impartially to perform the duties of supervisors of elections. Each -duties of, Is authorized to administer the necessary oath to the others; and certificates thereof shall be annexed to the lists of votes by them to be made and returned into the office of the Secretary of State of this State as hereinafter provided. The polls shall be opened and closed at such hours as the supervisors, or a majority of them shall direct; provided however, that due notice Proviso.
and sufficient time shall be given for all voters in the regiment, battalion, battery, detachment, company, or part of either, as the case may be, to vote. Regimental and field offi- Certain off- cers shall be entitled to vote with their respective commands. When not in actual command, such cers, where may vote.
officers, and also all general and staff officers, and all surgeons, assistant surgeons, and chaplains, shall be entitled to vote at any place where polls are opened. The supervisors of Supervisors shall prepare elections shall prepare a ballot box or other suitable ballot boxes. receptacle for the ballots. Upon one side of every Ballots be pre- ballot shall be printed or written the name of the pared. county, and also of the city, town, or plantation of this State, in which is the residence of the person proposing to vote. Upon the other side shall be the name or names of the persons to be voted for, and the office or offices which he or they are intended
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ANNUAL REGISTER OF MAINE.
Qualification to fill. And before receiving any vote, the super- of voters. Thors, or a majority of them, must be satisfied of the age and citizenship of the person claiming to vote, and that he has in fact a residence in the county, city, town, or plantation which is printed or written on the vote offered by him. If his right to vote is challenged, they may require him to make true answers, upon oath, to all interrogatories touching his age, citi- zenship, residence, and right to vote, and shall hear any other evidence offered by him, or by those who challenge his right. Shall keep They shall keep correct poll-lists of the names of all correct poll- persons allowed to vote, and of their respective places Lists.
of residence in this State, and also the number of the regiment and company or battery to which they belong; which lists shall be certified by them, or by a majority of them, to be correct, and that such residence is in accordance with the indorse- ment of the residence of each voter on his vote. They shall Shall check check the name of every person before he is allowed names of voters. to vote, and the check-mark shall be plainly made
-sort, count, against his name on the poll-lists. They shall sort, and declare count and publicly declare the votes at the head of votes.
their respective commands on the day of election, un- less prevented by the public enemy, and in that case as soon thereafter as may be; and on the same day of said declaration they shall form a list of the persons voted for, with the number of votes for each person against his name, and the office which he was intended to fill, and shall sign and seal up such list and -make return cause the same, together with the poll-lists aforesaid, to the office of to be delivered into the office of the Secretary of State Secretary of
State. aforesaid, on or before the first day of December, in the year one thousand eight hundred and sixty-four, and on or before the fifteenth day of November annually thereafter forever, Adopted by The Legislature of this State may pass any law
Resolve Mar. additional to the foregoing provisions, if any shall, in 24, 1864. practice, be found necessary in order more fully to carry into effect the purpose thereof.
ARTICLE III. DISTRIBUTION OF POWERS.
tributed.
Powers dis- SEO. 1. The powers of this government shall be divided into three distinct departments, the Legisla- tive, Executive, and Judicial.
To be kept
SEC. 2. No person or persons, belonging to one of Bes art.Ix sec.3 these departments, shall exercise any of the powers separate. properly belonging to either of the others, except in the cases herein expressly directed or permitted.
ARTICLE IV .- PART FIRST.
LEGISLATIVE POWER-HOUSE OF REPRESENTATIVES. Legislative de- SEO. 1. The legislative power shall be vested in two distinct branches. & House of Representatives.
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CONSTITUTION OF MAINE.
and a Senate, each to have a negative on the other, and both to be styled the Legislature of Maine, and the style of Style of acts. their acts and laws, shall be, "Be it enacted by the Senate and House of Representatives in Legislature assembled.'
SEO. 2. The House of Representatives shall consist Number of of one hundred and fifty-one members, to be elected representa- by the qualified electors, for one year from the day 151. tives fixed at next preceding the annual meeting of the Legislature. The Legislature, which shall first be convened under this Constitution, shall, on or before the fifteenth day of August, in the year of our Lord one thousand eight hundred and twenty-one, and the Legis- lature, within every subsequent period of at most ten years, and at least five, cause the number of the inhabitants of the State to be ascertained, exclusive of foreigners not naturalized, and In- dians not taxed. The number of representatives shall, Amendment, at the several periods of making such enumeration, Resolve April art. IV. be fixed and apportioned among the several counties 16, 1841. as near as may be, according to the number of inhabitants, hav- ing regard to the relative increase of population. The number of Representatives shall, on said first apportionment, be not loss than one hundred nor more than one hundred and fifty.
SEO. 3. Each town having fifteen hundred inhabi- Apportion- tants may elect one representative; each town having ment among three thousand seven hundred and fifty may elect two; towns.
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; 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 appor- tion all the representatives to any county, it shall be so increased or diminished as to give the number of representatives according to the above rule and proportion; and whenever any town or towns, plantation or plantations not entitled to elect a repre- sentative shall determine against a classification with any other town or plantation, the Legislature may, at each apportionment of representatives, 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.
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ANNUAL REGISTER OF MAINE.
Qualifications SEC. 4. No person shall be a member of the House
of a represen- tative. of Representatives, unless he shall, at the commence- ment of the period for which he is elected, have been five years a citizen of the United States, have arrived at the age See amend- ment, art. x. of twenty-one years, have been a resident in this State one year, or from the adoption of this Constitution; and for the three months next preceding the time of his election shall have been, and, during the period for which he is elected, shall continue to be a resident in the town or district which he represents.
choice of rep- resentatives.
Meetings for SEC. 5. The meetings within this State for the choice of representatives shall be warned in due course
See amend-
of law by the selectmen of the several towns seven
ment, art. x. days at least before the election, and the selectmen
Resolve Mar. thereof shall preside impartially at such meetings, 24, 1864. receive the votes of all the qualified electors present, sort, count, and 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 Meetings of selectmen and in open town meeting. And the towns classed 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 plan- tation 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 assessors 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 Constitution. 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 plan- tation meetings; and the town and plantation clerks respectively shall cause the same to be delivered into the secretary's office Lists shall be thirty days at least before the first Wednesday of examined by
January annually. And the governor and council 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 Governor and Wednesday of January annually, shall issue a sum- council shall mons to such persons as shall appear to be elected by summon per- sons who ap- a plurality of all the votes returned, to attend and
pear to be take their seats. But all such lists shall be laid before Lists to be laid the House of Representatives on the first Wednesday elected.
of January annually, and they shall finally deter- before the
House of Rep-
resentatives. mine who are elected. The electors resident in any city may, at any meeting duly notified for the choice of represen- tatives, vote for such representatives in their respective ward meetings, and the wardens in said wards shall preside impartially
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CONSTITUTION OF MAINE.
at such meetings, receive the votes of all qualified Manner of electing repre- sentatives and other civil offi- cers in cities. Amendment, electors present, sort, count, and declare them in open ward meetings, and in the presence of the ward clerk, who shall forin a list of the persons voted for, with the number of votes for each person against his name, art. I. shall make a fair record thereof in the presence of the Resolve, Mar. warden, and in open ward meetings; and a fair copy 7, 1834. 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 Resolve Mar. notified and holden for the choice of any other civil 7, 1834. See amend- officers for whom they have been required heretofore ment, art. X., to vote in town meeting, vote for such officers in their amending
amendment, respective wards, and the same proceedings shall be art. I. had by the warden and ward clerk in each ward, as in Resolve Mar. the case of votes for representatives. And the alder- 24, 1864. men 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 select- men of towns are required to do.
SEC. 6. Whenever the seat of a member shall be Vacancies to vacated by death, resignation, or otherwise, the va- be filled. cancy may be filled by a new election.
SEC. 7. The House of Representatives shall choose House to choose its own officers.
their speaker, clerk, and other officers.
SEC. 8. The House of Representatives shall have Power of Im- the sole power of impeachment. peachment.
ARTICLE IV .- PART SECOND.
SENATE.
SEC. 1. The Senate shall consist of not less than Senate to con- twenty, nor more than thirty-one members, elected at sist of notless the same time, and for the same term, as the represen- more than 81. than 20, nor tatives, by the qualified electors of the districts into which the State shall from time to time be divided.
SEC. 2. The Legislature, which shall be first convened under this Constitution, shall, on or before the fifteenth day State to be dis- of August, in the year of our Lord one thousand eight tricted once in hundred and twenty-one, and the Legislature at every ten years. subsequent period of ten years, cause the State to be divided into districts for the choice of senators. The districts shall Districts, how conform, as near as may be, to county lines, and be to be formed. apportioned according to the number of inhabitants. The num- ber of senators shall not exceed twenty at the first apportionment, and shall at each apportionment be increased, until they shall
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ANNUAL REGISTER OF MAINE.
amount to thirty-one, according to the increase in the House ef Representatives.
Meetings for SEC. 3. The meetings within this State for the
choice of election of senators shall be notified, held, and regu-
senators. lated, and the votes received, sorted, counted, declared,
Amendment,
art. x.
and recorded, in the same manner as those for repre- sentatives. And fair copies of the list of votes shall
Resolve Mar. 24, 1864. be attested by the selectmen and town clerks of towns, and the assessors and clerks 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 Electors in of January. All other qualified electors, living in unincorpor- ated places. places unincorporated, who shall be assessed to the support of the government by the assessors of an adjacent town, shall have the privilege of voting for senators, representatives, and governor in such town; and shall be notified by the selectmen thereof for that purpose accordingly.
Votes to be ex- amined by the council.
SEO. 4. The Governor and Council shall, as soon governor and as may be, examine the returned copies of such lists, and also the list of votes of citizens in the military Amendment, art.x. Resolve Mar. 24, 1864. Amended by service, returned into the secretary's office, and twenty days before the said first Wednesday of January, issue & summons to such persons, as shall appear to be Resolve of Feb. 24, 1875. elected by a plurality of the votes for each district, to attend that day and take their seats.
Senate to de- edde as to the election of its members. SEC. 5. The Senate shall, on the said first Wednes- day of January, annually, determine who are elected by a plurality of votes to be senators in each district; and in case the full number of senators to be elected from each district shall not have been so elected, the members of the House Amended in pursuance of of Representatives and such senators, as shall have Resolve, Teb. been elected, shall, from the highest numbers of the 24, 1875. persons voted for, on said lists, equal to twice the the number of senators deficient, in every district, if there be so many voted for, elect by joint ballot the number of senators re- quired; and in this manner all vacancies in the Senate shall be supplied as soon as may be, after such vacancies happen.
Qualifications A senators.
SEC. 6. The senators shall be twenty-five years of age at the commencement of the term, for which they are elected, and in all other respects their qualifications shall be the same as those of the representatives.
Senate to try impeachment. SEC. 7. The Senate shall have the sole power to try all impeachments, and when sitting for that pur- pose shall be on oath or affirmation, and no person shall be con- victed without the concurrence of two-thirds of the members Limitation of present. Their judgment, however, shall not extend judgment. further than to removal from office, and disqualification to hold or enjoy any office of honor, trust, or profit under this Party liable to State. But the party, whether convicted or acquitted, De tried and shall nevertheless be liable to indictment, trial, judg- punished. ment, and punishment according to law.
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CONSTITUTION OF MAINE.
SEC. 8. The Senate shall cheese their president, Bemate to choose its officers.
secretary, and other officers.
ARTICLE IV .- PART THIRD.
LEGISLATIVE POWER.
SEO. 1. The Legislature shall convene on the first Legislature to Wednesday of January annually, and shall have full meet annually power to make and establish all reasonable laws and -its powers. regulations for the defence and benefit of the people of this Stato, not repugnant to this Constitution, nor to that of the United States.
SEC. 2. Every bill or resolution having the force Acts to be of law, to which the concurrence of both houses may signed by the be necessary, except on a question of adjournment, governer.
which shall have passed both houses, shall be presented to the governor, and if he approve, he shall sign it; if not, he shall return it with his objections to the house, in which it shall have originated, which shall enter the objections at large on its journals, and proceed to reconsider it. If after such recon- Proceedings sideration, two-thirds of that house shall agree to pass in case he it, it shall be sent together with the objections, to the disapprove. other house, by which it shall be reconsidered, and, if approved by two-thirds of that house, it shall have the same effect, as if it had been signed by the governor; but in all such cases, the votes of both houses shall be taken by yeas and nays, and the names of the persons, voting for and against the bill or resolution, shall be entered on the journals of both houses respectively. If the bilì or resolution shall not be returned by the governor Bills to be re- within five days (Sundays excepted), after it shall turned by him in five have been presented to him, it shall have the same days. force and effect, as if he had signed it, unless the Legislature, by their adjournment, prevent its return, in which case it shall have such force and effect, unless returned within three days after their next meeting.
SEC. 3. Each house shall be the judge of the Each house elections and qualifications of its own members, and a to judge of election.
majority shall coustitute a quorum to do business; Majority but a smaller number may adjourn from day to day, quorum. and may compel the attendance of absent members, in such manner, and under such penalties as each house shall provide.
SEC. 4. Each house may determine the rules of its May punish proceedings, punish its members for disorderly be- and expel havior, and, with the concurrence of two-thirds, expel members. a member, but not a second time for the same cause.
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