xt734t6f4j46 https://exploreuk.uky.edu/dips/xt734t6f4j46/data/mets.xml Connecticut United States. Work Projects Administration. Lowe, Robert C. (Robert Chapin), 1907- Lander, David S. 1937 5 p.; 27 cm UK holds archival copy for ASERL Collaborative Federal Depository Library Program libraries and the Federal Information Preservation Network. Call number Y 3. W 89/2:36/C 76 books English Washington DC: Works Progress Administration This digital resource may be freely searched and displayed in accordance with U. S. copyright laws. Connecticut Works Progress Administration Publications Public welfare -- Law and legislation -- Connecticut Social workers -- Legal status, laws, etc. -- Connecticut Constitutional law -- Connecticut Analysis of Constitutional Provisions Affecting Public Welfare in the State of Connecticut text Analysis of Constitutional Provisions Affecting Public Welfare in the State of Connecticut 1937 1937 2019 true xt734t6f4j46 section xt734t6f4j46 I .
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I W O R K S P R O G R E S S A D M I N I S T R A T I O N I
HARRY L. HOPKINS, ADMINISTRATOR I
I A CORRINGTON GILL, ASSISTANT ADMINISTRATOR I
. HOWARD B. MYERS, DIRECTOR I
' DIVISION OF SOCIAL RESEARCH ‘
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I ANALYSIS OF CONSTITUTIONAL PROVISIONS I
n AFFECTING PUBLIC WELFARE IN THE STATE OF I
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: ‘ CONNECTICUT I
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I MAY 1, 1957
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PREPARED BY
ROBERT C. LOWE AND DAVID S. LANDER
LEGAL RESEARCH SECTION
UNDER THE SUPERVISION OF ‘
A. Ross ECKLER, COORDINATOR OF SPECIAL INQUIRIES
DIVISION OF SOCIAL RESEARCH
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‘ PREFACE 5
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a This bulletin is one of a series presenting ;
State constitutional provisions affecting public wel- ‘
fare, prepared to supplement the State by State digests
. a of public welfare laws so as to provide in abstract l
: form the basis for the public welfare services of the j
' several States. I
I The provisions quoted are those concerned :
. directly with public welfare administration and such ' ‘
9 others as may substantially affect a public welfare ‘
; program, even though only indirectly related. It would ,
, be impossible to consider within the limits of this
' study eVery remotely connected constitutional provi— ;
" sion. The indirectly related provisions included, ‘
. 9, therefore, have been restricted to those concerning
{ finance, legislation, and the methods of constitutional
; ‘ amendment.
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E > An attempt has been made,by a careful selec—
t tion of the most recent cases decided by the highest
' 9 courts of the States, to indicate wherever possible how
' I these provisions have been construed. These cases are
included in footnotes appended to the constitutional
provisions shown.
It is hoped that these abstracts will be
; . useful to those interested in public welfare questions
‘ in indicatinghow State and local public welfare admin—
istration may be affectedby constitutional powers and
1. limitations.
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 = CONTENTS A
= Page :
i Incidence of Responsibility for Welfare Program.................. 1 I
1 Financial Powers and Limitations................................. 1 I
e Taxation and Assessments....u............................... 1
Exemptions.................................................. 2 i
Borrowing and Use of Credit................................. 2 i
Other Income................................................ 3 i
Appropriations and Expenditures............................. 3 X
¢ Provisions Affecting Legislation................................. 3
(c Constitutional Amendment or Revision............................. 4
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, Connecticut f
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? ANALYSIS OF CONSTITUTIONAL PROVISIONS AFFECTING .E
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, PUBLIC WELFARE IN CONNECTlCUT
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I. Incidence of Responsibility for Welfare Program
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o No prov1510n.
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‘ II. Financial Powers and Limitations
1 A. Taxation and Assessments3
o (1) State
(a) That all men when they form a socialcompact,are
equal in rights; and that no man, orset of men are entitled to exclusive
public emoluments or privileges from the community.4
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1Constitution (1818),aspublished by the State in the Connecticut Register and Manual
(1936), by authority of law; with all amendments to May 1, 1937.
. 2The legislative power of the General Assembly covers the whole field of legislation
except as limited by the State Constitution and the Federal Constitution. Beach vs.
Bradstreet, 85 Conn. 344, 82 A. 1030 (1912).
"our Constitution [Art. III,Sec. 1] vests 'the legislative power of this state'
0 in the General Assembly. That power covers the whole field oflegitimate legislation,
- ' except so far as limitations are tobe round in other provisions of this Constitution
or in that of the United States." Appeal of Allyn, 81 Conn. 554, 71 A. 794 (1909).
The support by the State of its citizens in need is a public purpose. A statute
granting pensions to Civil War veterans and their relatives regardless of their need
was held invalid as not being for a public purpose. Beach vs. Bradstreet, 85 Conn.
544, 82 A. 1030 (1912).
, . 3"The taxing power is an inherent attribute of sovereignty, and as such unlimited in
character and scope save as limitations may be self imposed. Under our form of gov—
ernment its exercise is vested in the legislative department which may exercise it
, for lawful purposes in its discretion both as regards the choice of subject matter
; of taxation and the extent and manner of the tax, save as constitutional limitations
g may intervene * * *." State vs. Murphy, 90 Conn. 662, 98 A. 343 (1916).
3 Under Art. IV,Sec.4 of the Federal Constitution, guaranteeing a republican form
f of gOVernment, taxation may only be imposed for public purposes. See Beach vs. Brad-
. street, 85 Conn. 344, 82 A. 1030 (1912), above.
‘ 4Constitution, Art. I, Sec. 1.
This section and Sec. 12 of Art. I (see p. 2,par. (b)) require equal protection
a of the law and due process of law, and have the same meaning in this regard as the
; Fourteenth Amendment to the Federal Constitution. State ex rel. Brush vs. Sixth Tax-
, ing District, 104 Conn. 192, 132 A. 561 (1926).
" A statute which divided stockholders of a corporation into two classes for pur—
i poses of taxation, the effect of which was to assess the shares of residents at a
, Q different rate from those of nonresidents,was held valid. The Supreme Court in dis-
cussing the question of whether there was any constitutional requirement that "taxa—
. tion shall be uniform and equal" stated: "There can be no claim that such a mandate
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2 Connecticut
II. Financial Powers and Limitations—~Continued .
A. Taxation and Assessments-—Continued
(1) State—-Continued
(b) All courts shall be open, and every person, for
an injury done him in his person, property or reputation, shallhave rem— o
edy bythie course of law, and right and justice administered without sale,
denial or delay.5 .
(2) Counties and Other Local Units
No provision.6
, B. Exemptions
No provision.7 6
C. Borrowing and Use of Credit
(1) State
No provision.
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is directly expressed either in the state or national constitution. * * * The
provisions of our constitution exclude the possibilityof a limitation of legislative
power by any implied mandate that taxation shall be equal and uniform. * * * In
our national constitution we find provisions even more pointedly clashing with such
a maxim.’l State vs. Travelers Insurance Company. 73 Conn. 255, 47 A. 299 (1900).
In classifying property for purposes of taxation the Legislature may exercise a
wide latitude of discretion, butthe classification must be reasonable,not arbitrary, .
and must rest upon some ground of difference having a fair and substantial relation
to the object of the legislation. An unreasonable classification violates the guar-
antee of equal protection of the laws contained in this section and the Fourteenth
Amendment to the Federal Constitution. An act validating assessments against land
held on 99-year leasesin one county only was held invalid as containing an unreason—
able classification. Montgomery vs. Towm.of Branford, 107 Conn. 697, 142 A. 574 (1928).
5Constitution, Art. I, Sec. 12. .
6Towns and other local units have no inherent rights. They are mere creatures of the
State, with such powers, and only such, as are granted by the Legislature. State ex
rel. Bulkeley vs. Williams, 68 Conn. 131, 35 A. 24 (1898).
7"The power to prescribe what property shall be taxed implies the power to prescribe
what property shall be exempt." Baker vs.Town of West Hartford. 89 Conn. 394, 94 A.
283, 285 (1915).
Under the statutes, to exempt from taxation property used for charitable or .
educational purposes it must appear that it is dedicated to the public use instead
of to private gain. One of the attributes essential to such use is that no private
profit can be realized fromit. A school for dependent and neglectedboys, maintained
by a private nonprofit corporation, was held exempt from taxation. Connecticut Junior
Republic Association vs. Town of Litchfield, 119 Conn. 106, 174 A. 304 (1934).
A Masonic Temple was held not to be used exclusively for "charitable purposes"
within the meaning of thestatute exempting property ofcorporations so used. .Masonic
Building Association of Stamford,Connecticut vs. Town of Stamford, 119 ponn. 53, 174 .
A. 301 (1934). " '
To exempt property from taxation under the statutes, it must be “sequestered
from private and devoted to public use." Where the charter of a nonstock corporation
which operated a school for girls but did not preclude payment of profitsto its mem-
bers or distributionof property on dissolution,itsproperty was held not exempt from
taxation even though there was no actual profit. Female Academy of the Sacred Heart .
of Albany vs. Town of Davien, 108 Conn. 136, 142 A. 678 (1928).
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‘ Connecticut 3
II. Financial Powers and Limitations——Continued i
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: C. Borrowing and Use of Credit——Continued ‘
i (2) Counties and Other Local Units 5
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i No provision. j
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D. Other Income
. The fund, called the School Fund, shall remain a perpetual
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fund, the interest of which shall be inviolably appropriated to the sup—
. port and encouragement of the public, or common schools throughout the
1 state,8 a e *. ‘
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E. Appropriations and Expenditures
’ No provision.
III. Provisions Affecting Legislation
2 A. Regular Sessions of Legislature
(1) The regular sessions of the general assembly shall com-
? mence ontfluaWednesday following the first Monday of the January next suc—
ceeding the election of its members.9
. (2) The general assembly shall adjourn sine die not later
than the first Wednesday after the first Monday in June following its
organization.10
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7 ' B. Special Sessions of Legislature
1 * * * the person administering the office of Governour,
may on special emergencies, convene the General Assembly.11 * * *
‘ C. Powers of Initiative and Referendum
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No provision. '
J D. Legislative Enactment
g (1) He (the GovernorO shall, from time to time, give to the
‘ General Assembly, information of the state of the government and recommend
° to their consideration such measures as he shall deem expedient.12
BConstltution, Art. VIII, Sec. 2.
, ' 9Constitution, Amendment 27, Sec; 4, adopted (1884). amending Amendment 16, Sec. 3,
e and Art. III, Sec. 2.
Amendment 27, Sec. 2, adopted in 1884, provides that membersof the Legislature
j are to be elected in November or the even numbered years.
1 1OConstitution, Amendment 35, adopted 1912.
.‘1 . “Constitution, Art. III, Sec. 2.
} J 1ZConstitution, Art. IV, Sec. 8.
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4 V Connecticut
III. Provisions Affecting legislation—Continued .
D. Legislative Enactment—Continued
(2) Each bill which shall have passed both houses of the
general assembly shall be presented to the governor. If he shall approve,
he shall sign and transmit it to the secretary of the state, but if he .
shall disapprove, he shall transmit it to the secretary with his objec-
tions, and the secretary shall thereupon return the bill to the house in
which it originated, * ’1‘ ‘1‘ which shall proceed to reconsider the bill. 0
If, after such reconsideration, that house shall again pass it, it shall
be sent with the objections to the other house, which shall also recon-
sider it. If approved, it shall be a law ’1‘ ’3 ‘1‘. In case the governor
shall not transmit the bill to the secretary, either with his approval or
with his objections, within five calendar days, Sundays and legal holi— .'
days excepted after the same shall have been presented to him, it shall
, be a law at the expiration of the period unless the general assembly
I shall then have adjourned sine die, in which case the bill shall be a’ law
unless the governor shall, within fifteen calendar days after the same
shall have been presented to him, transmit it to the secretary with his .
objections, ’1‘ ’3‘ ’1‘.
‘1‘ ‘7' This amendment shall not impair the powers
granted to the governor by Article XXXVII of the amendments to the Con— . .
stitution.15
(3) The governor shall have power to disapprove of any item . i
or items of any bill making appropriations of money embracing distinct _
items, while at the same time approving the remainder of the bill, and
the part or parts of the bill so approved shall become effective and the
item or items of appropriation so disapproved shall not take effect unless .
the same are separately reconsidered and repassed in accordance with the
rules and limitations prescribed forthe passage of bills over the exec— . '
utive veto.14 "5 ’5‘ *
IV. Constitutional Amendment. or Revision
A. By Proposal of Legislature or People .
Whenever a majority of the house of representatives shall
deem it necessary to alter, or amend this constitution, they may propose
such alterations and amendments; which proposed amendments shall be con—
tinued to the next General Assembly, andbe published with the laws which
may have been passed at the same session; and if two thirds of each house, .
1gConstltution, Amendment 40, adopted 1954, amending Art. IV, Sec. 12.
For Art. XXXVII referred to, see par. (5), above. .
14Constitution, Amendment 5'7, adopted 1924.
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IV. Constitutional Amendment or Revision—Continued f
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i A. By Proposal of” Legislature or People—Continued
§ at the next session of said Assembly, shall approve the amendments pro-
. posed, by yeas and nays, said amendments shall, by the Secretary, be trans-
mitted to the town clerk in each town in this state; whose duty it shall
, be to present the same to the inhabitants thereof, for their consideration, ‘
a at a town meeting legally warned and held for that purpose; and if it
shall appear in a manner to be provided by law, that a majority of‘ the
o electors present at such meetings, shall have approved such amendments,
i the same shall be valid, to all intents and purposes, as a part of this
‘ constitution.15
3 B. By Constitutional Convention
‘1‘ No provision.
s' 1500nstitut10n, Art. x1.
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