xt78w950k451 https://exploreuk.uky.edu/dips/xt78w950k451/data/mets.xml New Hampshire 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/N 42h books English Washington DC: Works Progress Administration This digital resource may be freely searched and displayed in accordance with U. S. copyright laws. New Hampshire Works Progress Administration Publications Public welfare -- Law and legislation -- New Hampshire Social workers -- Legal status, laws, etc. -- New Hampshire Constitutional law -- New Hampshire Analysis of Constitutional Provisions Affecting Public Welfare in the State of New Hampshire text Analysis of Constitutional Provisions Affecting Public Welfare in the State of New Hampshire 1937 1937 2019 true xt78w950k451 section xt78w950k451 1 Q I}
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I W O R K S P R O G R E S S A D M | N I S T R A T | O N ‘
i HARRY L. HOPKINS, ADMINISTRATOR
-, CORRINGTON GILL, ASSISTANT ADMINISTRATOR
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I HOWARD B. MYERS, DIRECTOR
I . DIVISION OF SOCIAL RESEARCH
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2 ANALYSIS OF CONSTITUTIONAL PROVISIONS
I AFFECTING PUBLIC WELFARE IN THE STATE OF I
I ~NEW HAMPSHIRE
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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 “
2' This bulletin is one of a series presenting
9 r State constitutional provisions affecting public wel— ,1
‘ fare, prepared to supplement the State by State digests Z
of public welfare laws so as to provide in abstract k

form the basis for the public welfare services of the t

several States.

V a. The provisions quoted are those concerned :
’1 directly with public welfare administration and such a
‘ others as may substantially affect a public welfare a;
. program, even though only indirectly related. It would
be impossible to consider within the limits of this

‘ 0 study every remotely connected constitutional provi—
sion. The indirectly related provisions included,

/ therefore, have been restricted to those concerning
9 finance, legislation, and the methods of constitutional
amendment. ‘

J, a. An attempt has been made, bya careful selec—

tion of the most recent cases decided by the highest 3g
courts of the States, to indicate wherever possible how ;f
.1 these provisions have been construed. These cases are 3
'5; included in footnotes appended to the constitutional (
3‘ ' provisions shown. ‘_
' It is hoped that these abstracts will be 3
I‘.‘ useful to those interested in public welfare questions 1
; in indicating how State and local public welfare admin— 2
f istration may be affected by constitutional powers and
E; limitations.
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CONTENTS 3
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1 Incidence of Responsibility for Welfare Program.................. 1 E
g ‘ Financial Powers and Limitations................................. 2
I Taxation and Assessmean.................................... 2
i Exemptions.................................................. 4
Borrowing and Use of Credit................................. 4 k
Other Income................................................ 4 E
‘ Appropriations and Expenditures............................. 4 f
Q‘s Provisions Affecting legislation................................. 4 t
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Constitutional Amendment or Revision............................. 5 ‘

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~ New Hampshire
ANALYSIS OF CONSTITUTIONAL PROVISIONS AFFECTING
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PUBLIC WELFARE IN NEW HAMPSHIRE 3
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9 I. Incidence of Responsibility for Welfare Program
A. Economy being a most essential virtue in all states, espe-
i ‘ cially in a young one; no pension shall be granted, but in consideration I}
. of actualservices;and such pensions ought to be granted with great cau—
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( t1on, by the legislature, and never for more than one year at a time.
' ,, 1Constitution (1783), with all amendments to April 15, 1937, as published by the De-
‘ partment of State in the New Hampshire Manual for the General Court, (1937).
g 1 The Legislature of New Hampshire is styled the General Court. Constitution,
. Part II, Art. 3.
, Part II, Art. 73 ofthe Constitution provides that ”each branch of the legislature
as well as the governor and council shall have authority to require opinions of the
Justices of the superior court upon important questions of law and upon solemn occa-
sions."

9 2"The validity of pauper acts has never been assailed. * * * It is true that a
view may be taken that public support of paupers is gratuitous. The agencies of the
state have no express constitutional duty to that end. The Legislature may or may
not arrange for the support asit may please and any support furnished may be limited

V as itmay see fit. But support of paupers has long been an accepted exercise of valid
authority under the police power in promotion of the general welfare. No one would
think of it as condemned by the Constitution because of some theory of gratuity in-

. volved. The same argument may be applied to practically all instances of support and

9 aid furnished incarrying out a purpose or program Justified inpursuance ofthe police
power. * * * In the avoidance and relief of pauperism the state acts for its own
benefit and welfare." In re Opinion of the Justices, 85 N. H.562, 154 A. 217 (1931).

‘ See footnote 3, below.

~ "Under the police power the state has authority to legislate for the protection

' and preservation of the health, safety, morals, and general welfare of its citizens.

; It is peculiarly the province of the Legislature to determine what rules and regula~
tions are needed to achieve the above ends.‘l Chung Mee Restaurant Company vs. Healy,

e 86 N. H. 485, 171 A. 263, 264 (1934).

i When the police power of the State is invoked by legislative act for a proper
purpose, "such a statute will not be declared unconstitutional merely because it re-
; stricts some of the rights secured to individuals by fundamental law. It will be
} declared invalid only when the restrictions thus imposed are foundto be unreasonable."
( Dederick vs. Smith, 184 A. 595, 599 (1936).
i 3Constitution, Part I, Art. 36.
g 9 In an advisory opinion the Supreme Court stated that if the term "old age pen-
} sions" means pensions, the right to which depends upon age alone, they are prohibited by
; this section. Pensions can only be granted in return for services which are fairly
J describable as actual, not constructive or imaginary. Nor in the case of allowable
; pensions can the Legislature atone session authorize the granting of a pension for
1 a year, and by another separate act authorize the granting of a like pension for an—
; other year,in spite of the fact that since the adoption of the Constitution the ses—
f sions of the Legislature have been changed from annual to biennial. This provision
I . was said to apply to the political subdivisions of the State as well as to the State
_ ’ Government itself. In re Opinion of the Justices, 78 N. H. 617, 100 A. 49 (1917).
f In a later advisory opinion theSupreme Courtstated thatwhile under this section
pensions can only be granted in return for services and that pensions based on age
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I. Incidence of Responsibility for Welfare Program—Continued .
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B. * * * it shall be thelduty of the legislators and magis—
trates, * * *- to countenance and inculcate the principles of humanity
and general benevolence, public and private charity * * * among the
people:4 =-“- =3 *.
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II. Financial Powers and Limitations
A. Taxation and Assessments °
(1) State ;
(a) Every member of the community has a right to be
protected by it, in the enjoyment of his life, liberty, and property; he
is therefore bound to contribute his share in the expense of‘ such protec- ‘ .
tion,5 * a *.
(b) No subsidy, charge, tax, impost, or duty, shall
be established, fixed, laid, or levied, under any pretext whatsoever,
without the consent of the people, or their representatives in the legis—
lature, or authority derived from that body.6 '
(c) And further, full power and authority are hereby
given and granted to the said general court, * * =‘F to impose and levy .
proportional and reasonable assessments, rates, and taxes, upon all the
inhabitants of, and residents within, the said state: and upon all estates
within the same; to be issued and disposed of by warrant, under the hand ’
of the governor of‘ this state for the time being, with the advice and
consent of‘ the council, for the public service, in the necessary defense
alone would be invalid, the State has the undoubted right in the exercise of its police
power to make provision for the poor. Therefore, a statute granting benefits to persons ‘
above a certain age based on need would be valid as a. pauper law. In re Opinion of
the Justices, 85 N. B. 562, 154 A. 217, (1931).
Furthermore, the State may legislate to prevent pauperism as well as to relieve
it. Paupers may be reasonably classified, and the fact that needy persons over 65 1
years of age under such proposed statute would be given slightly different benefits 5
from other needy persons would not render the statute invalid. Ibid. [
Similarly, such a statute granting aid to persons owning property not in excess ;
or $2,000 in value would be valid. Such a provision would not necessarily grant re— 0 i
lief to persons other than paupers as a person might conceivably be worth that much i
and still be in need of aid for himself and family. Ibid. 5
The above proposed old age assistance statute would be constitutional on all
points raised with one exception. This involved the question of whether the admin— §
istration of the act could be vested in the county courts“ Such a provision would ,
be invalid as constituting an unconstitutional delegation of authority to the Judi-
ciary. Ibid. 0
4Constitution, Part II, Art. 82.
5Constitution, Part I, Art. 12.
See p. 5, par. (d), and footnote 8.
6Constitution, Part I, Art. 28.
See p. 5, par. (d), and footnote 8. .
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. II. Financial Powers and Limitations—Continued i
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A. Taxation and Assessments—Continued l
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(1) State—Continued (
and support of the government of this state, and the protection and pres— I
' ,, ervation of the subjects thereof, according to such acts as are, or shall '
be, in force within the same;7 * * "F. I
3 .. (d) The public charges of government, or any part i
1 thereof, may be raised by taxation upon polls, estates, and other classes 3
'5 of property, including franchises and property when passing by will or ‘
.l ‘ inheritance; and there shall be a valuation of the estates within the :
state taken anew once in every five years, at least, and as much oftener
1 as the general court shall order.8
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(2) Counties and Other Local Units .
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> See page 2, paragraphs (a) and (1)).9 Q
7Constitution, Part II, Art. 5. .
See par. (d), above and footnote 6, below. ‘
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8Constitution, Part II, Art. 6, as amended 1903.
”Except in the case of the tax upon polls, taxes are required to- be laid ad
/ valorem. a: * * There is no warrant for the imposition of any other tax than one
. assessedupon a proportional and equal valuation of all the different kinds of property
' on which it is to be laid.“ In re Opinion of the Justices, 82 N. H. 561, 138 A. 284
(1927). Following: State vs. Express Company, 60 N. H. 219 (1882).
Since this section was amended in 1905, the Legislature has been empowered to
‘ .9 impose taxes not only upon polls and estates, but also upon other classes of property,
including franchises and property when passing by will or inheritance. Powers of
‘ taxation over these additional subjects only were granted by this amendment and it did
not affect the rule of uniformityof taxation. 'Any other classification for taxation
of property or rights is contrary to the * * * Constitution as it has been inter— -
j preted since i784..'l An inheritance tax statute, assessing different rates against
. , different classes of persons,was held unconstitutional since it violated the rule of
_ uniformity. Williams vs. State, 81 N. H. 541, 125 A. 661 (1924).
. S, An inheritance tax statute, which granted certain exemptions but assessed a uni-
" form rate, was constitutional since it was held that the Legislature could classify
between taxables and nontaxables. Thompson vs. Kidder, '74 N. H. 89, 65 A. 392 (1906).
j The Supreme Court in an advisory opinion stated that an income tax at a fixed
1 rate would be constitutional and that exemptions could be granted without violating
! the rule of uniformity. In re Opinion of the Justices, 82 N. H. 581, 138 A. 284.
‘1 291 (1927).
5 When the Legislature asked whether an income tax could legally provide for dif—
] , ferent rates and different exemptions on different classes. the Supreme Court stated
1 that income taxes must be levied at a common rate but that “the exemptions as to
i earned income and incomes from intangibles need not be in the same amount." In re
‘ 2 Opinion of the Justices, 149 A. 321 (1950).
: The provision that "public charges of government'may be raised by taxation means
that the Legislature may authorize taxation only for public purposes. The granting
of an old age pension regardless of need would not be a public purpose within the ,
} meaning of the Constitution. The granting of old age benefits to persons in need,
f 9 however, was held to be a public purpose, since relief to the needy has long been
a considered in New Hampshire as promotive of the general welfare. In re Opinion of
'1 the Justices, 85 N. H. 562, 154 A. 217 (i951).
, 9Counties and other municipal corporations are subdivisions of the State exercising
3; part of its powers of government. They can only exercise those powers which are con—
‘ . ferred upon them by statute. O'Brien vs. Rockingham County, 80 N. H. 522, 120 A.
' - 254 (1923).
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II. Financial Powers and Limitations—Continued . ‘
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B. Exemptions
No provision. 10
C. Borrowing and Use of Credit
(1) State 0
N0 provision.
(2) Qounties and Other Local Units11 .

_ (a) * * * the general court shall not authorize ‘
any town to loan or give its money or credit directly or indirectly for 2
the benefit of any corporation having for its object a dividend of profits ’
or in any way aid the same by taking its stock or bonds.” :

D. Other Income 0 V
No provision.
E. Appropriations and Expenditures .
(1) No moneys shall be issued out of the treasury of this
state, and disposed of, (except such sums as may be appropriated for the .
redemption of bills of credit, or treasurer's notes, or for the payment
of interest arising thereon) but by warrant *mnder the hand of the governor
for the time being, by and with the advice and consent of the council, .
for the necessary support and defense of this state, and for the necessary v
protection and preservation of the inhabitants thereof, agreeably to the
acts and resolves of the general court.“5 '
(2) * * * Provided, nevertheless, that no money raised
by taxation shall ever be granted or applied for the use of the schools 5
or institutions of any religious sect or denomination. ‘4 * * *
III. Provisions Affecting Legislation 3 i,
A. Regular Sessions of Legislature ‘
The senate and house shall assemble biennially on the first“
Wednesday of January and at such other times as they may judge necessary; !
—_.____. . .
10The Legislature may make reasonable exemptions from taxation without violating the E
uniformity clauses of the Constitution. In re Opinion of the Justices.82 N. H. 561, i
138 A. 284 (1927). see p. 3, footnote 8. 3
The power or the Legislature to classify property into taxable and nontaxable v
groups includes the power to grant reasonable exemptions from taxation. Inre Opinion

or the Justices, 178 A. 125 (1935). , f
11Counties and other municipal corporations are subdivisions of the State and may only

exercise those powers granted by the Legislature. O'Brien vs. Rockingham County, - ‘

80 N. H. 522, 120 A. 254 (1925).
lzConstitution. Part 11 Art. 5. , .
13Constitution. Part 11. Art. 55. ‘
“Constitution, Part’ 11, Art. 82. .

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. III. Provisions Affecting Legislation—Continued
A. Regular Sessions of Legislature—Continued
and shall dissolve and be dissolved, seven days next preceding the said
first Wednesday of January biennially;15 =1: =2: 2:.
. B. Special Sessions of Legislature
The governor, with advice of council, shall have full power
,' Q and authority, in the recess of the general court, to prorogue the same
i from time to time, not exceeding ninety days, in any one recess of said A
court; and during the Sessions of said court, to adjourn or prorogue it
to any time the two houses may desire, and to call it together sooner
than the time to which it may be adjourned, or prorogued, if the welfare
of the state should require the same.16
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C.~ Powers of Initiative and Referendum
No provision.
D. Legislative Enactment
(1) All money bills shall originate in the house of repre—
9 sentatives; but the senate may propose, or concur with, amendments, as
on other bills.”
. (2) Every bill which shall have passed both houses of the
A general court, shall, before it become a law,be presented to the governor,
if he approve, he shall sign it,but if not, he shall return it, with his
“ objections, to that house in which it shall have originated, who shall
enter the objections at large on their journal, and proceed to reconsider
it; if after such reconsideration, two thirds of that house shall agree
to pass the bill, it shall be sent, together with such objections, to the
other house, by which it shall likewise be reconsidered, and, if approved
1 , by two thirds of that house, it shall become a law. * ‘3 ’1‘ If any bill
shall not be returned by the governor within five days (Sundays excepted)
1 after it shall have been presented to him, the same shall be a law in
like manner as if he had signed it unless the legislature, by their ads
; journment, prevent its return, in which case it shall not be a law.18
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1 ' IV. Constitutional Amendment or Revision
A f. A. By Proposal of Legislature or People
_ No provision.
f a 15Constitution, Part II, Art. 3.
‘12: 16Constitution, Part II, Art. 49.
17Constitution, Part II, Art. 1'7
18Constitution, Part II, Art. 45.
i Art. 44, Part II of the Constitution provides that every resolve shall be subject
’3: .3 to the Governor's veto under the same rules as in the case of a bill. ‘
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: IV. Constitutional Amendment or Revision—Continued «-
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J B. By Constitutional Convention
(1) It shall be the duty of the selectmen, and assessors,
_ of the several towns andplaces in this state, in warning the first annual
meetings for the choice of senatorS, after the expiration of seven years
, from the adoption of this constitution, as amended, to insert expressly .
I} in the warrant this purpose, among the others for the meeting, to wit,
i ,
i to take the sense of the qualified voters on the subject of a revision . 3
of the constitution; and, ’1‘ * ‘1‘ the moderator shall take the sense
of the qualified voters present as to the necessity of a revision; and a
return of the number of votes for and against such necessity, shall be
made by the clerk sealed up, and directed to the general court at their
then next session; and if it shall appear to the general court by such
‘ return, that the sense of the people of the state has been taken, and that, ‘
in the opinion of the majority of the qualified voters in the state, pres-
‘ ent and voting at said meetings, there is a necessity for a revision of
‘ the constitution, it shall be the duty of the general court to call a con—
‘ vention for that purpose, otherwise the general court shall direct the
sense of the people to be taken, and then proceed in the manner before . o
mentioned. The delegates to be chosen in the same manner, and propor—
tioned, as the representatives to the general court; provided that no
alterations shall be made in this constitution, before the same shall be .
‘ laid before the towns and unincorporated places, and approvedby two thirds
of the qualified voters present and voting on the subject. 19 -.
(2) And the same methodof taking the sense of the people, as
to a revision of the constitution, and calling a convention for that pur—
pose, shall be observed afterwards, at the expiration of every seven years.20
19 6
Constitution, Part 11, Art. 98.
The delegates to constitutional conventions may be chosenat any election desig—
natedby the Legislature. In re Opinion of the Justices,’76 N. H. 586, 79 A. 29 (1911).
ZOCOHStitution, Part II, Art. 99.
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