USA > Maine > Maine register, state year-book and legislative manual > Part 12
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Valuation. SEO. 7. While the public expenses shall be assessed on polls and estates, a general valuation shall be taken at least once in ten years.
sonal estate to be taxed ac- cording to its
Real and per- SEC. 8. All taxes upon real and personal estate, assessed by authority of this State, shall be apportion- ed and assessed equally, according to the just value thereof.
value. Resolve of Feb. 24,1875. Resolve of Feb. 24, 1875. Taxation.
SEC. 9. The Legislature shall never, in any man- ner, suspend or surrender the power of taxation.
Sheriffs, how elected, and tenure of office SEC. 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 offices for two years, from the first day of Jan- Amendment, art. IX. Resolve of Mar. 17, 1855. uary next after their election. Vacancies shall be filled in the same manner as is provided in the case of judges and registers of probate.
Attorney gen- eral, how elected.
SEC. 11. The attorney general shall be chosen annually by joint ballot of the senators and repro- sentatives in the convention. Vacancy in said office
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occurring when the Legislature is not in session, may be filled by the appointment of the Governor with the advice and consent of the Council.
Vacancy, how filled. Amendment, art. Ix. Re- solve of March 17, 1855, and Feb. 24, 1875.
SEC. 12. But citizens of this State absent there- Citizens who from in the military service of the United States or of may be allow. this State, and not in the regular army of the United county officers ed to vote for States, being otherwise qualified electors, shall be allowed to vote for judges and registers of probate, sheriffs, and all Amendment. other county officers on the Tuesday next after the first Mond y in November, in the year one thousand Mar. 24, 1864. Resolve of eight hundred and sixty-four, 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 all such officers on the second Monday in September annually thereafter forever. And the votes shall be given at the same time and in the same manner, and the names of the several candidates shall be printed or written on the same ballots with those for Governor, senators, and repre- sentatives, as provided in section four, article second of this Con- stitution
SEC. 13. The Legislature may enact laws excluding Bribery at from the right of suffrage, for a term not exceeding elections.
Resolve of ten years, all persons convicted of bribery at any Feb. 24, 1875. election, or of voting at any election, under the influence of & bribe.
SEC. 14. The credit of the State shall not be direct- Credit of State ly or indirectly loaned in any case. The Legislature loaned. not to be shall not create any debt or debts, liability or liabilities, Creation of on behalf of the State, which shall singly, or in the state debt aggregate, with previous debts and liabilities here- Amendment. limited. after incurred at any one time, exceed three hundred art. VI. Resolve of thousand dollars, except to suppress insurrection, to July 26, 1847. repel invasion, or for purposes of war; but this Exceptions. 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.
SEC. 15. The State is authorized to issue bonds State to Issue payable within twenty-one years, at a rate of interest bonds in pay- ment of muni-
not exceeding six per cent. a year, payable semi- cipal war debt annually, which bonds or their proceeds shall be devoted solely towards the reimbursement of the expenditures in- Amendment. curred by the cities, towns, and plantations of the art. XI. State for war purposes during the rebellion, upon the Mar. 7, 1868. Resolve of following basis: Each city, town, and plantation shall Basis of pay. receive from the State one hundred dollars for every ment. man furnished for the military service of the United States under and after the call of July second, eighteen hundred and sixty- two, and accepted by the United States towards its quota for the
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term of three years, and in the same proportion for every man 80 furnished and accepted for any shorter period; and the same shall be in full payment for any claim upon the State on account of Commission its war debts by any such municipality. A commission to be appoint- appointed by the Governor and Council shall deter- ed to deter- mine amount
mine the amount to which each city, town, and due cities, &c. plantation is entitled; to be devoted to such reimburse- ment, the surplus, if any, to be appropriated to the soldiers who enlisted or were drafted and went at any time during the war, or $3,500,000 limit if deceased, to their legal representatives. The issue ef loan.
of bonds hereby authorized shall not exceed in the aggregate three million five hundred thousand dollars, and this amendment shall not be construed to permit the credit of the State to be directly or indirectly loaned in any other case or for any other purpose.
Towns having SEC. 16. The Legislature may by law authorize the 4,000 inhabi- tants, and dividing of towns having not less than four thousand towns includ- ing islands, may be formed Into voting
districts. Amendment, art. XII. Resolve of Mar. 15, 1889.
inhabitants, or having voters residing on any island within the limits thereof, into voting districts for the election of representatives to the Legislature, and pre- scribe the manner in which the votes shall be received, counted, and the result of the election declared.
ARTIOLE X.
SCHEDULE.
Laws now in SEo. 1. All laws now in force in this State, and not force continue repugnant to this Constitution, shall remain, and be in until repealed. force, until altered or repealed by the Legislature, or shall expire by their own limitation.
Constitution, SEO. 2. The Legislature, whenever two-thirds of how to be amended. See art. IV, both houses shall deem it necessary, may propose amendments to this Constitution ; and when any part 3d, sec. 15. amendments shall be so agreed upon, a resolution shall be passed and sent to the selectmen of the several towns, and the assessors of the several plantations, empowering and directing them to notify the inhabitants of their respective towns and plantations, in the manner prescribed by law, at their next annual meetings in the month or September, to give in their votes on the question, whether such amendment 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. A
8. J. C.
Constitution shall be ar- ranged by SEC. 3. After the amendments proposed herewith shall have been submitted to popular vote, the chief chief justice of justice of the Supreme Judicial Court shall arrange the Constitution, as amended, under appropriate titles, Resolve of Tob. 24. 1876. and in proper articles, parts, and sections, omitting all sections, clauses, and words not in force, and making
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no other changes in the provisions or language thereof, and shall submit the same to the Legislature at its next session. « And the draft, and arrangement, when Constitution approved by the Legislature, shall be enrolled on shall be en- rolled on parchment and printed copies bound with laws. parchment and deposited in the office of the Secretary of State; and printed copies thereof shall be prefixed to the books containing the laws of the State. And the Constitution, with the amendments made thereto, in accordance with the provisions thereof, shall be the supreme law supreme law of the State.
-shall be sub mitted to the legislature.
-shall be the of the State.
SEO. 4. Sections one, two, and five, of article ton Secs. 1, 2, 5, of the existing Constitution, shall hereafter be omitted art. x, omitted. in any printed copies thereof prefixed to the laws of the State; but this shall not impair the validity of acts under those sections; and section five shall remain in full force, as part of Sec. 5 shall re- the Constitution, according to the stipulations of said main in foros. Resolve of section, with the same effect as if contained in said Feb. 24, 197& printed copies.
*AMENDMENT 1.
RELATING TO MUNICIPAL INDEBTEDNESS.
No city or town shall hereafter create any debt or Municipal in- liability, which singly, or in the aggregate with pre- debtedness, vious debts or liabilities, shall exceed five per centum ofconstitution amendment of the last regular valuation of said city or town; pro- relating to. vided, however, that the adoption of this article shall not be con- strued as applying to any fund received in trust by said city or town, nor to any loan for the purpose of renewing existing loans or for war, or to temporary loans to be paid out of money raised by taxation, during the year in which they are made.
tAMENDMENT 2.
BIENNIAL ELECTIONS AND BIENNIAL SESSIONS.
The governor, senators and representatives in the Biennial legislature shall be elected biennally, and hold office elections and two years from the first Wednesday in January next sessions. succeeding their election; and the legislature, at the first session next after the adoption of this article, shall make all needful provisions by law concerning the tenure of office of all county officers, and concerning the annual or biennial reports of the state treasurer and other state officers and institu- Provisions to tions; and shall make all such provisions by law as be made. may be required in consequence of the change from annual to biennial elections, and from annual to biennial sessions of the legislature. The first election under this article shall be in the year one thousand eight hundred and eighty; and the first meet- ing of the legislature under this article shall be on the first Wed- nesday of January, eighteen hundred and eighty-one.
* Adopted Sept. 10, 1877. t Adopted Sept. 8, 1879.
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"Biennial" Section four, article two; section five, part one, substituted for article four; section four, part two, article four; sec- "annual." tion one, part three, article four; section thirteen, part one, article five; section two, part two, article five; section one, part three, article five; section one, part four, article five; section four, part four, article five; section three, article seven; section four, article nine, and section eleven, article nine, are amended, by substituting the word 'biennial' for the word "annual " wherever it occurs.
Sec. 2, part 1, Section two, part one, article five, is amended, by article 5, striking out all after the word "office" and substi- amended. tuting therefor the following words, 'for two years from the first Wednesday of January next following the elec- tion.' 'Section seven, article six, and section two, article ten, are hereby amended by striking out the word "annual" and insert in place thereof the word "biennial.'
*AMENDMENT 3.
PROVIDING FOR ELECTION OF GOVERNOR BY PLURALITY VOTE.
Sec. 3 part, 1, The third section of the first part of article five, is article 5,
amended. amended by striking out the word "majority," wher- ever it occurs therein, and inserting in the place thereof the word 'plurality.'
t AMENDMENT 4.
CHANGING THE TERM OF OFFICE, OF SENATORS AND REPRESENTATIVES. Sec. 2, part 1, Section two, article four, part first, of the constitu- article 4, and'
Amendment2 tion of this state, as amended under the "resolutions amended concerning an amendment of the constitution of Maine," approved the fourth day of March, in the year eighteen hundred and seventy-nine, shall be further amended by striking out the words "first Wednesday in January next succeeding their election," and inserting in place thereof the words 'day next preceding the biennial meeting of the legislature, and the amendment herein proposed, shall determine the term of office of senators and representatives to be elected at the annual meet- ing in September, in the year eighteen hundred and eighty, as well as the term of senators and representatives thereafter to be elected, so that said section as amended shall read as follows :'
'SEC. 2. The house of representatives shall consist of one hundred and fifty-one members, to be elected by the qualified electors, and hold their office two years from the day next pre- ceding the biennial meeting of the legislature, and the amend- ment herein proposed, if adopted, shall determine the term of office of senators and representatives to be elected at the annual meeting in September, in the year eighteen hundred and eighty, as well as the term of senators and representatives thereafter to be elected. 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- dopted Sept. 13, 1880. t Adopted Sept. 13, 1880.
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one, and the legislature, within every subsequent period of at most ten years, and at least five, cause the number of the in- habitants of the state to be ascertained, exclusive of foreigners not naturalized and Indians not taxed. The number of repre- sentatives shall, at the several periods of making such enumer- ation, be fixed and apportioned among the several counties, as near as may be, according to the number of inhabitants, having regard to the relative increase of population The number of representatives shall, on said first apportion, be not less than one hundred and not more than one hundred and fifty.'
* AMENDMENT 5.
FOREVER PROHIBITING THE MANUFACTURE OF INTOXICATING LIQUORS, AND PROHIBITING THEIR SALE EXCEPT FOR MEDICINAL AND MECHANICAL PURPOSES AND THE ARTS.
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 exceptions herein specified.
Resolved, That the aldermen of cities, selectmen of towns, and assessors of plantations, in the State are hereby empowered and directed to notify the inhabitants of their respective cities, towns and plantations, in the manner prescribed by law, at the September election next ensuing after the passage and approval of these resolves, to give in their votes on the question whether the amendment to the constitution proposed in the foregoing resolve shall be made; and the question so submitted shall be: "Shall the constitution be amended so as to prohibit forever the manufacture, sale and keeping for sale of intoxicating liquors as provided by the said amendment ?" And the inhabi- tants of said cities, towns and plantations, shall vote by ballot on said question, - those in favor of the amendment expressing it by the word 'yes' upon their ballots, and those opposed to the amendment by the word ' no' upon their ballots; and the ballots shall be received, sorted, counted, declared and recorded in open ward, town and plantation meeting, and lists of the votes so received shall be made and returned to the Secretary of State in the same manner as votes for governor. And the Governor and Council shall open, examine and count the same, and make return thereof to the next legislature, and if it shall ap- pear that a majority of the votes is in favor of said amendment, the governor shall, by his proclamation, declare such amend- ment to be adopted, and the constitution shall be amended accordingly, to take effect on the first Wednesday of January, in the year of our Lord one thousand eight hundred and eighty-five.
* Resolution adopted by legislature, Feb. 21, 1883. Adopted Sept. 8, 1884.
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*AMENDMENT 6. ELIGIBILITY OF THE TREASURER OF STATE.
The treasurer shall be chosen biennially at the first
Sec. 1, part 4, article 5, session of the legislature, by joint ballot of the sen- amended. ators and representatives in convention, but shall not be eligible more than six years successively.
+AMENDMENT 7. APPOINTMENT OF ADJUTANT GENERAL.
Section 3, The major generals shall be elected by the Senate article 7. and House of Representatives, each having a negative amended. on the other. The adjutant general and quartermas- ter general shall be appointed by the governor. But the adju- tant general shall perform the duties of quartermaster general until otherwise directed by law. The major generals and brig- adier generals and the commanding officers of regiments and battalions, shall appoint their respective staff officers; and all military officers shall be commissioned by the goveruor.
į AMENDMENT 8. EDUCATIONAL QUALIFICATION OF VOTERS.
No person shall have the right to vote, or be eligible to office under the constitution 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.
§AMENDMENT 9. ELECTION OF SENATORS TO FILL VACANCIES.
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 therefor the following: 'But all vacancies in the senate arising from death, resigna- tion, removal from the state or like causes, shall be filled by an imme- diate election in the unrepresented district.' The governor shall issue his proclamation therefor and therein fix the time of such election.
* Resolution adopted by legislature, Mar. 10, 1887. Adopted Sept. 10, 1888. + Resolution adopted by legislature Mar. 31, 1891. Adopted Sept. 12, 1892. # Resolution adopted by legislature April 3, 1891. Adopted Sept. 12, 1892. § Adopted Sept. 14, 1896.
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AMENDMENT 10. 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 that said section as amended, shall read as follows, namely :
'The legislative power shall be vested in two distinct branches, a house of representatives 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 :
'The legislature shall convene on the first Wednesday of January, biennially, 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 following sections to be numbered from sixteen to twenty-two inclusive, namely:
'Section 16. No act or joint resolution of the legislature, except such orders or resolutions as pertain solely to facilitating the per- formance of the business of the legislature, of either branch, or of any committee or officer thereof, or appropriate 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, other- wise direct. An emergency bill shall include only such measures as are immediately necessary for the preservation 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.'
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'Section 17. Upon the written petition of not less than ten thou- sand electors, addressed to the governor and filed in the office of the secretary of state within ninety days after the recess of the legisla- ture, 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 re- ferred 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 resolution or part or parts thereof has been suspended by petition in manner aforesaid, 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 writ- ten 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.'
'Section 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 secretary 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, substi- tute, 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 ma- jority 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 submitted 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 election on any measure that is sub- ject to a vote of the people. The governor may, and if so requested in the written petition addressed to the legislature, shall, by procla- mation, 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 nor 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.'
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