USA > Maine > Maine register, state year-book and legislative manual > Part 11
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SEC. 5. Each house shall keep a journal, and from To keep a time to time publish its proceedings, except such parts journal. as in their judgment may require secrecy; and the Yeas & Nayı yeas and nays of the members of either house on any question, shall, at the desire of one-fifth of those present, bo entered on the journals.
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ANNUAL REGISTER OF MAINE.
May punish SEC. 6. Each house, during its session, may pun- for contempt. ish by imprisonment any person, not a member, for disrespectful or disorderly behavior in its presence, for obstructing any of its proceedings, threatening, assaulting, or abusing any of its members for anything said, done, or doing in either house Proviso. provided, that no imprisonment shall extend beyond the period of the same session.
Compensation SEC. 7. The senators and representatives shall re-
of members. ceive such compensation, as shall be established by law; but no law increasing their compensation shall take effect during the existence of the Legislature which enacted it. The Travelling expenses. expenses of the House of Representatives in travelling
to the Legislature and returning therefrom, once in each session and no more, shall be paid by the State out of the public treasury to every member, who shall seasonably attend, in the judgment of the house, and does not depart therefrom without leave.
Members ex- SEC. 8. The senators and representatives shall, in
empt from all cases except treason, felony, or breach of the
arrest. peace, be privileged from arrest during their attend- ance at, going to, and returning from each session of the Legis- Freedom of lature; and no member shall be liable to answer for
debate. anything spoken in debate in either house, in any court or place elsewhere.
Either house SEO. 9. Bills, orders, or resolutions, may originate may originate in either house, and may be altered, amended, or bills. rejected in the other; but all bills for raising a revenue Revenue bills. shall originate in the House of Representatives, but the Senate may propose amendments as in other cases; pro- Proviso. vided, that they shall not, under color of amendment, introduce any new matter, which does not relate to raising a revenue.
SEC. 10. No senator or representative shall, during the term Members not for which he shall have been elected, be appointed to to be appoint- any civil office of profit under this State, which shall ed to certain
offices. have been created, or the emoluments of which in- creased during such term, except such offices as may be filled by
Proviso. elections by the people, provided, that this prohibition shall not extend to the members of the first Legislature.
Persons dis- SEC. 11. No member of Congress, nor person hold- qualified to be ing any office under the United States (post-officer's members. excepted), nor office of profit under this State, justices of the peace, notaries public, coroners, and officers of the militia excepted, shall have a seat in either house during his being such member of Congress, or his continuing in such office.
Adjourn- SEC. 12. Neither house shall, during the session, ments. without the consent of the other, adjourn for more than two days, nor to any other place than that in which the house shall be sitting.
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CONSTITUTION OF MAINE.
SEC. 13. The Legislature shall, from time to time, Special legis- provide, as far as practicable, by general laws, for all lation. Resolve of matters usually appertaining to special or private Feb. 24, 1875. legislation.
SEC. 14. Corporations shall be formed under gen- eral laws, and shall not be created by special acts of the Legislature, except for municipal purposes, and in cases where the objects of the corporation cannot otherwise be attained ; and, however formed, they shall forever be subject to the general laws of the State.
SEC. 15. The Legislature shall, by a two-thirds concurrent vote of both branches, have the power to call constitutional conventions, for the purpose of amending this constitution.
Corporations exceptfor mu- nicipal pur- poses, to be formed under general laws, &C. Resolve of Feb. 24, 1875. Constitutional conventions. Resolve of Feb. 24, 1874. See art. In
ARTICLE V .- PART FIRST.
EXECUTIVE POWERS.
SEO. 1. The supreme executive power in this State Governoe. shall be vested in a Governor.
SEC. 2. The Governor shall be elected by the quali- - elected før fied electors, and shall hold his office one year from ne year. the first Wednesday of January in each year.
SEC. 3. The meetings for election of Governor shall Meetings for
be notified, held, and regulated, and votes shall be choice of received, sorted, counted, declared, and recorded, in governor. the same manner as those for senators and representatives. They shall be sealed and returned into the Secretary's Votes to be office in the same manner, and at the same time as returned to Secretary of those for senators. And the Secretary of State for State. the time being shall, on the first Wednesday of Jan- Amendment, uary, then next, lay the lists before the Senate and art. x. Resolve, Mar. House of Representatives, and also the lists of votes 24, 1864. of citizens in the military service returned into the Secretary's office, to be by them examined, and, in case of a choice by a majority of all the votes returned, they shall declare Provisions in and publish the same. But if no person shall have a case there is majority of votes, the House of Representatives shall, no choice. by ballot, from the persons having the four highest numbers of votes on the lists, if so many there be, elect two persons and make return of their names to the Senate, of whom the Senate shall, by ballot, elect one, who shall be declared the Governor.
SEC. 4. The Governor shall, at the commencement Qualifications of his term, be not less than thirty years of age; a of governor.
natural born citizen of the United States, have been five years, or from the adoption of this Constitution, a resident of the State; and at the time of his election and during the term for which he Is elected, be a resident of said State.
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ANNUAL REGISTER OF MAINE.
Disqualifica-
tions. SEC. 5. No person holding any office or place under the United States, this State, or any other power, shall exercise the office of Governor.
Compensation. SEC. 6. The Governor shall at stated times, receive for his services a compensation, which shall not be increased or diminished during his continuance in office.
Commander- SEC. 7. He shall be commander-in-chief of the army in-chief of the and navy of the State and of the militia, except when militia. called into the actual service of the United States;
Not to march but he shall not march nor convey any of the citizens the militia out out of the State, without their consent or that of the of the State. Legislature, unless it shall become necessary, in order to march or transport them from one part of the State to another for the defence thereof.
With advice of the council to appoint officers. SEC. 8. He shall nominate, and, with the advice and consent of the council, appoint all judicial officers, coroners, and notaries public; and he shall also nomi- Amendment, art. IX. Re- solve of Mar. 17, 1855. nate, and with the advice and consent of the council, appoint all other civil and military officers, whose appointment is not by this Constitution, or shall not by law be otherwise provided for; and every such nomination shall be made seven days, at least, prior to such appointment.
Resolve of Feb. 24, 1875.
To give infor- SEC. 9. He shall from time to time give the Legis- mation and recommend lature information of the condition of the State, and measures. recommend to their consideration such measures 88 he may judge expedient.
May require SEC. 10. He may require information from any information of military officer or any officer in the executive depart- any officer. ment, upon any subject relating to the duties of their respective offices.
Power of gov- SEC. 11. He shall have power, with the advice and ernor to par- don and remit consent of the council, to remit, after conviction, all penalties, &e. forfeitures and penalties, and to grant reprieves, com- mutations, and pardons, except in cases of impeachment, upon such conditions, and with such restrictions and limitations, as may be deemed proper, subject to such regulations as may be
Resolve of provided by law, relative to the manner of applying Feb. 24, 1875. for pardons. And he shall communicate to the Legis- lature at each session thereof, each case of reprieve, remission of penalty, commutation, or pardon granted, stating the name of the convict, the crime of which he was convicted, the sentence and its date, the date of the reprieve, remission, commutation, or pardon, and the conditions, if any, upon which the same was granted.
To enforce the laws.
SEC. 12. He shall take care that the laws be faith- fully executed.
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CONSTITUTION OF MAINE.
SEC. 13. He may, on extraordinary occasions, con- To convene vene the Legislature; and in case of disagreement the legislature on extraordi- nary occasion s and adjourn it in case of dis- agreement. between the two houses with respect to the time of adjournment, adjourn them to such time as he shall think proper, not beyond the day of the next annual meeting; and if, since the last adjournment, the place May change the place of meeting. where the Legislature were next to convene shall have become dangerous from an enemy or contagious sickness, may direct the session to be held at some other con- venient place within the State.
SEC. 14. Whenever the office of Governor shall Vacancy, how become vacant by death, resignation, removal from supplied. office or otherwise, the president of the Senate shall exercise the office of Governor until another Governor shall be duly qualified; and in case of the death, resignation, removal from office or dis- qualification of the president of the Senate so exercising the office of Governor, the speaker of the House of Representatives shall exercise the office, until a president of the Senate shall have been chosen; and when the office of Governor, president of the Senate, and speaker of the House shall become vacant, in the recess of the Senate, the person acting as Secretary of State for the time being, shall by proclamation convene the Senate, that a president may be chosen to exercise the office of Governor. And whenever either the president of the Senate or speaker of the House shall so exercise said office, he shall receive only the compensation of Governor, but his duties as president or speaker shall be suspend- ed; and the Senate or House shall fill the vacancy until his duties as Governor shall cease.
ARTICLE V .- PART SECOND.
COUNCIL.
SEC. 1. There shall be a Council, to consist of seven Council to persons, citizens of the United States, and residents of consist of this State, to advise the Governor in the executive BOYER. part of government, whom the Governor shall have full power, at his discretion to assemble; and he with the Councillors, or a majority of them, may from time to time, hold and keep a coun- cil, for ordering and directing the affairs of State, according to law
SEC. 2. The Councillors shall be chosen annually, Council, how on the first Wednesday of January, by joint ballot of chosen. the senators and representatives in convention; and vacancies, which shall afterwards happen, shall be filled in the same man- ner; but not more than one Councillor shall be elected from any district, prescribed for the election of senators; and -privileged they shall be privileged from arrest in the same man- from arrest. mer as senators and representatives.
be recorded in a register, and signed by the members
SEC. 3. The resolutions and advice of Council, shall Journal to Me kept of their proceedings.
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ANNUAL REGISTER OF MAINE.
agreeing thereto, which may be called for by either house of the Legislature; and any Councillor may enter his dissent to the resolution of the majority.
Persons dis- SEC. 4. No member of Congress, or of the Legisla- qualified to be ture of this State, nor any person holding any office councillors. under the United States (post officers excepted), nor any civil officers under this State (justices of the peace and no- Not to be ap- taries public excepted), shall be Councillors. And no pointed to any Councillor shall be appointed to any office during the office.
time for which he shall have been elected.
ARTICLE V. - PART THIRD.
SECRETARY.
Secretary,how SEC. 1. The Secretary of State shall be chosen an- chosen. nually at the first session of the Legislature, by joint ballot of the senators and representatives in convention.
-to keep the records of the State.
SEC. 2. The records of the State shall be kept in the office of the Secretary, who may appoint his depu- -may appoint ties, for whose conduct he shall be accountable. deputies.
To attend the governor and council.
SEC. 3. He shall attend the Governor and Council, Senate, and House of Representatives, in person or by his deputies, as they shall respectively require.
To preserve SEC. 4. He shall carefully keep and preserve the the records of the executive and legislative departments. records of all the official acts and proceedings of the Governor and Council, Senate, and House of Repre- sentatives, and, when required, lay the same before either branch of the Legislature, and perform such other duties as are enjoined by this Constitution, or shall be required by law.
ARTICLE V. - PART FOURTH.
TREASURER.
Treasurer, SEC. 1. The Treasurer shall be chosen annually, at how chosen ; eligible for five years succes- sively only. the first session of the Legislature, by joint ballot of the senators and representatives in convention, but shall not be eligible more than five years successively. To give bonds. SEC. 2. The Treasurer shall, before entering on the duties of his office, give bond to the State, with sureties, to the satisfaction of the Legislature, for the faithful discharge of his trust.
Not to engage SEC. 3. The Treasurer shall not, during his con- in trade.
tinuance in office, engage in any business of trade or commerce, or as a broker, nur as an agent or factor for any mer. chant or trader.
No money to SEC. 4. No money shall be drawn from the be drawn but by warrant. treasury, but by warrant from the Governor and Council, and in consequence of appropriations made
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CONSTITUTION OF MAINE.
by law; and a regular statement and account of the Accounts of receipts and expenditures of all public money, shall receipts and expenditures to be pub- lished.
be published at the commencement of the annual session of the Legislature.
ARTICLE VI.
JUDICIAL POWER.
SEO. 1. The judicial power of this State shall be Supreme mod vested in a Supreme Judicial Court, and such other other courts. courts as the Legislature shall from time to time establish.
SEC. 2. The justices of the Supreme Judicial Court shall, at stated times receive a compensation, which ofjustices of shall not be diminished during their continuance in 8. J. court. office, but they shall receive no other fee or reward.
SEC. 3. They shall be obliged to give their opinion apon important questions of law, and upon solemn occasions, when required by the Governor, Council, Senate, or House of Representatives.
Compensation
To give their opinion when required by either branch of the gov- ernment.
SEC. 4. All judicial officers now in office or who Tenure of ju- may be hereafter appointed shall, from and after the dicial offices. first day of March in the year eighteen hundred and forty, hold their offices for the term of seven years from the time Amendment, of their respective appointments (unless sooner re- art. III. moved by impeachment or by address of both branches Mar. 14, 1839. Resolve of of the Legislature to the Executive), and no longer unless re-ap- pointed thereto.
SEC. 5. Justices of the Peace and notaries public Justices of the shall hold their offices during seven years, if they so peace and ne- long behave themselves well, at the expiration of taries public. which term, they may be re-appointed or others appointed, as the public interest may require.
SEC. 6. The justices of the Supreme Judicial Court Justices of the shall hold no office under the United States, nor any State, nor any other office under this State, except hold no other supreme judi- cial court to that of justice of the peace. office.
SEC. 7. Judges and registers of probate shall be Judges and elected by the people of their respective counties, by registers of probate, eleet- ed and tenure of office. a plurality of the votes given in at the annual election, on the second Monday of September, and shall hold their offices for four years, commencing on the first day of Jan- uary next after their election. Vacancies occurring in Vacancies, said offices by death, resignation, or otherwise, shall how filled. be filled by election in manner aforesaid, at the Septembe election next after their occurrence; and in the mean- Amendment, time, the Governor, with the advice and consent of art. IX. the Council, may fill said vacancies by appointment, Mar. 17, 1855. Resolve of and the persons so appointed shall hold their offices until the first day of January thereafter.
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ANNUAL REGITER OF MAINE.
Judges of municipaland police courts, appointment of.
Resolve of Feb. 24, 1875.
SEC. 8. Judges of municipal and police courts shall be appointed by the executive power, in the same manner as other judicial officers, and shall hold their offices for the term of four years; provided, however, that the present incumbents shall hold their offices for the term for which they are elected.
ARTICLE VII. MILITARY.
Officers, by SEC. 1. The captains and subalterns of the militia whom elected. shall be elected by the written votes of the members of their respective companies. The field officers of regiments by the written votes of the captains and subalterns of their respective regiments. The brigadier generals in like manner, by the field officers of their respective brigades.
Manner of SEC. 2. The Legislature shall, by law, direct the conducting elections. manner of notifying the electors, conducting the elections, and making returns to the Governor of the officers elected; and, if the electors shall neglect or refuse to make such elections, after being duly notified according to law, the Governor shall appoint suitable persons to fill such offices. "
Major gener- als and adju- tant generals, how elected. SEC. 3. 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 chosen annually by joint ballot of the senators and representatives in convention. But the adjutant general shall perform the duties of quartermaster general, until otherwise directed by law. The major generals and brigadier Staff officers. how appointed Amendment, 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.
art. IX. Resolve of Mar. 17, 1855. Organization of the militia. SEC. 4. The militia, as divided into divisions, brigades, regiments, battalions, and companies pur- suant to the laws now in force, shall remain so organized, until the same shall be altered by the Legislature.
Who may be exempted from military duty. SEC. 5. Persons of the denominations of quakers and shakers, justices of the Supreme Judicial Court, and ministers of the gospel, may be exempted from military duty; but no other 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, un- less he shall pay an equivalent to be fixed by law.
ARTICLE VIII. LITERATURE.
Legislature to A general diffusion of the advantages of education require towns being essential to the preservation of the rights and
to support
public schools. liberties of the people; to promote this important
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CONSTITUTION OF MAINE.
object, the Legislature are authorized, and it shall be their duty to require, the several towns to make suitable provision at their own expense, for the support and maintenance of public schools; and it shall further be their duty to encourage and suitably endow, from time to time, as the circumstances of the people Shall endow colleges and may authorize, all academies, colleges, and seminaries academies. of learning within the State; provided, that no dona- Proviso. tion, grant, or endowment shall at any time be made by the Legislature to any literary institution now established, or which may hereafter be established, unless, at the time of making such endowment, the Legislature of the State shall have the right to grant any further powers to alter, limit, or restrain any of the powers vested in, any such literary institution, as shall be judged necessary to promote the best interests thereof.
ARTICLE IX. GENERAL PROVISIONS.
SEO. 1. Every person elected or appointed to either Outh and nud- of the places or offices provided in this Constitution, scription.
and every person elected, appointed, or commissioned to any judicial, executive, military, or other office under this State, shall, before he enter on the discharge of the duties of his place or office, take and subscribe the following oath or affirmation : "I - do swear, that I will support the Constitution of the United States, and of this State, so long as I shall continue a citizen thereof. So help me God."
"I- do swear, that I will faithfully discharge, to the best of my abilities, the duties incumbent on me as - according to the Constitution and laws of the State. So help me God." Provided that an affirmation in the above forms may be substi- tuted, when the person shall be conscientiously scrupulous of taking and subscribing an oath.
The oaths and affirmations shall be taken and sub- Before whom scribed by the Governor and Councillors before the to be taken. presiding officer of the Senate, in the presence of both houses of the Legislature, and by the senators and representatives before the Governor and Council, and by the residue of said officers before such persons as shall be prescribed by the Legislature, and whenever the Governor or any Councillor shall not be able to attend during the session of the Legislature to take and subscribe said oaths or affirmations, said oaths or affirmations may be taken and subscribed in the recess of the Legislature before any justice of the Supreme Judicial Court; provided, that the Proviso. senators and representatives, first elected under this Constitution, shall take and subscribe such oaths or affirmations before the president of the convention.
SEC. 2. - No person holding the office of justice of Offices that are incompat- the Supreme Judicial Court, or of any inferior court, ible with each attorney general, county attorney, treasurer of the other. State, adjutant general, judge of probate, register of probate,
7
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ANNUAL REGISTER OF MAINE.
register of deeds, sheriffs, or their deputies, clerks of the judicial courts, shall be a member of the Legislature; and any person holding eicher of the foregoing offices, elected to, and accepting & seat in the Congress of the United States, shall thereby vacate said office; and no person shall be capable of holding or exercis- ing at the same time within this State, more than one of the offices before mentioned.
Commissions. SEC. 3. All commissions shall be in the name of the State, signed by the Governor, attested by the secretary or his deputy, and have the seal of the State thereto affixed.
Elections on SEC. 4. And in case the elections required by this nesday of Jan- Constitution on the first Wednesday of January an- the first Wed- uary may be nually, by the two houses of the Legislature, shall
adjourned not be completed on that day, the same may be
from day to day. adjourned from day to day, until completed, in the following order: the vacancies in the Senate shall first be filled; the Governor shall then be elected, if there be no choice by the people; and afterwards the two houses shall elect the council.
Every civil SEC. 5. Every person holding any civil office under officer may be this State, may be removed by impeachment, for mis- removed by impeachment
demeanor in office; and every person holding any
or address. office, may be removed by the Governor, with the advice of the Council, on the address of both branches of the Legislature. But before such address shall pass either house, the causes of removal shall be stated, and entered on the journal of the house in which it originated, and a copy thereof served on the person in office, that he may be admitted to a hearing in his defence.
Tenure of SEO. 6. The tenure of all offices, which are not or.
office. shall not be otherwise provided for, shall be during the pleasure of the Governor and Council.
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