xt7hdr2p8d40 https://exploreuk.uky.edu/dips/xt7hdr2p8d40/data/mets.xml Maine United States Works Progress Administration 1937 Other contributors include: Robert C. Lowe (Robert Chapin) and Helen R. Sherfey under the supervision of A. Ross Eckler; 13 pages, 27 cm; This bulletin is one of a series presenting state constitutional provisions affecting public welfare; Includes bibliographical references; UK holds archival copy for ASERL Collaborative Federal Depository Program libraries; Y 3.W 89/2:36/M 28 books English Washington D.C.: Works Progress Administration Contact the Special Collections Research Center for information regarding rights and use of this collection. Analysis of Constitutional Provisions Affecting Public Welfare in the State of Maine text Analysis of Constitutional Provisions Affecting Public Welfare in the State of Maine 1937 2015 true xt7hdr2p8d40 section xt7hdr2p8d40 I l  
·?> I I  
· ` Q
•
WORKS PROGRESS ADMINISTRATION
HARRY L. Hopxms, ADMINISTRATOR
~•
I CORRINGTON GILL HOWARD B. MYERS, DIRECTOR
ASSISTANT ADMINISTRATOR DIVISION OF SOCIAL RESEARCH
•
•
· ANALYSIS OF CONSTITUTIONAL PROVISIONS
AFFECTING PUBLIC WELFARE IN THE STATE OF
• MAINE
I
•
FEBRUARY 15, 1957
•

 Q
O
— 9
I
I
O
I
O
PREPARED av -
ROBERT C. LowE Amo HELEN R. SHERFEY
V LEGAL RESEARCH SECTION
I
UNDER THE SUPERVISION OF
A. Ross ECKLER, Cooncmnon OF SPECIAL Iuqu•n•Es
D»v•s•on or SOCIAL RESEARCH
O
O

 I
. •
Preface
•
• This bulletin is one of a series presenting
State constitutional provisions affecting public wel-
fare, prepared to supplement the State by State di-
gests of public welfare laws so as to provide in ab-
stract form the basis for the public welfare services
of the several States.
p • The provisions quoted are those concerned
directly with public welfare administration and such
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
provision. The indirectly related provisions in-
‘ cluded, therefore, have been restricted to those con-
· cerning finance, legislation, and the methods of con-
stitutional amendment.
• An attempt has been made, by a careful se-
lection of the most recent cases decided by the high-
est courts of the States, to indicate wherever possi-
ble how these provisions have been construed. _These
cases are included in footnotes appended to the con-
stitutional provisions shown.
· It is hoped that these abstracts will be
useful to those interested in public welfare ques- l
tions in indicating how State and local public wel-
` fare administration may be affected by constitutional
powers and limitations.
•
•
•

 I
Maine `
I
O
l TABLE OF CONTENTS •
Page
Incidence of Responsibility for Welfare Program l
O
Financial Powers and Limitations
Taxation and Assessments l
Exemptions 5
Borrowing and Use of Credit 5
Appropriations and Expenditures 7 ,
Provisions Affecting Legislation '7 . '
Constitutional Amendment or Revision 13
O
•
I
O
I

 I
Maine 1.
. ANALYSIS OF CONSTITUTIONAL PROVISIONS AFFECTING
• PUBLIC WELFARE IN MAIN  1/
I. Incidence of Responsibility for Welfare Program
O No provision.
II. Financial Powers and Limitations
· A. Taxation and Assessments
(1) state
(a) All taxes upon real and personal estate, as-
. sessed by authority of this state, shall be apportioned and assessed
equally 2/, according to the just value thereof 5/; but the legisla-
ture shall have power to levy a tax upon intangible personal property
at such rate as it deems wise and equitable without regard to the
rate applied to other classes of property. 4/
• 1. Constitution (1819), with all amendments to February 15, 1957.
2. An act authorizing the taxation of the tangible property within
the two cities comprising a pier site district was held valid
· since the property so taxed would presumably be specially bene-
fited by the improvements. It was held not to impose unequal
taxation under this section as "when the benefit and the burden
• are reasonably proportionate, the constitutional requirement is
satisfied". Hamilton vs. Portland State Pier Site District,
120 Me. 15, 112 At. 856 (1921).
The Legislature may pass tax laws not merely applicable to
all towns; it may direct its attention to the need of a particu-
lar town, and compel such town to raise money by taxation, pro-
• vided the purpose be a public one, such as the common schools,
and the tax be apportioned equally within that town, and the
town receive the benefit. The "equality" rule of this section
is not violated even though the local rate prescribed by the
Legislature differs from that prescribed in another town.
Sawyer vs. Gilmore, 109 Me. 169, 85 At. 675 (1912). See Brewer
• Brick Company vs. Brewer, 62 Me. 62 (1875), footnote 4 below.
` 5. Assessors' appraisal of property at seventy-five per cent of its
market value as determined in the light of the experience and
knowledge of the assessors, was held to be an apportionment ac-
cording to the "just value" within the meaning of this section.
Cumberland County Power & Light Company vs. Inhabitants, etc.,
• 125 Me. 158, 151 At. 594 (1926).
4. Constitution, Art. IX, Sec. 8, (amended by Art. XXXVI).
A town pursuant to legislative authorization voted to exempt
from taxation for a term of ten years manufacturing and refining
. (Footnote forwarded)
O

 •
2. Maine
II. Financial Powers and Limitations (Cont'd) ·
A. Taxation and Assessments (Cont'd) •
(1) stats (c¤nt·a)
(Footnote #4 — Continued)
companies thereinafter established. One month later a brick manu-
facturing company was established and was exempted from the pay-
ment of taxes for the first year thereafter. However the next ’
year the company was assessed for and paid taxes, later bringing
an action in assumpsit to recover the amount paid, pleading the ·
terms of the above exemption voted by the town.
The court held that inasmuch as this section provides that
"all taxes upon real and personal estate . . . shall be appor-
tioned and assessed equally according to the just value thereof"
and that section 7 of this same article (see page 4, par. (c)),
requires a general valuation of property, such a legislative •
enactment and also the vote thereunder taken were invalid.
Specifically the court held that the remission of a tax by
a town vote was in substance and effect a gift to the exempted
party, in this case the brick company. Further that the Consti-
tution does not permit an unequal apportionment and assessment
upon real and personal estate wdthout any reference to its just • »
value, and to allow such an exemption "would be to approve
unconstitutional taxation for private purposes and to sanction
a system which would destroy all uniformity as to the property ·
upon which taxes are to be imposed, and all equality as to the
ratio, so far as regards the valuation". Brewer Brick Company vs.
Brewer, 62 Me. 62 (1875). •
The grant of power in this section relating to taxes on
realty and personalty is not exclusive; the Legislature is left
free to impose other taxes, such as poll taxes (see page 4,
par. (c)),excise taxes, and license taxes, either in addition to,
or instead of, taxes on property. In re Railroad Taxation, lO2
Me. 527, 66 At. 726 (l907).
Since an inheritance tax is not a tax upon property, but is •
an excise on the right or privilege of taking property under a
will or by descent, such a tax may be graduated, not being sub-
ject to the uniformity requirement of this section. State vs.
Hamlin, 86 Me. 495, 50 At. 76, 25 L. R. A. 652 (1894).
A tax imposed on the transfer of the estate of every per-
son resident in the State at the time of his death, and subject ·
to taxation under the Federal Revenue Act was held to be an
excise tax and not a property tax. In re Opinion of the
Justices, l57 At. 50 (1927).
A graduated tax upon income, being a tax upon the person,
and not upon property, is valid under this section. However, an •
act imposing a higher rate of taxation on income derived from
intangible property than on income derived from other sources
would be discriminatory and invalid. In re Opinion of the Jus-
tices, l7B At. 62l (1955). ·
O

 •
Maine 5_
· II. Financial Powers and Limitations (Cont'd)
. .A. Taxation and Assessments (Cont'd)
(l) State (Cont'd)
(b) Private property shall not be taken for pub-
lic uses without just compensation; nor unless the public exigencies
• require it. §/
5. Constitution, Art. I, Sec. 21.
• This section refers mainly to the power of eminent domain.
It applies just as forcefully, however, to the power of taxation,
since the latter "rests upon the sovereign power to appropriate
private property of its citizens to public purposes". Therefore,
the power of taxation can be exercised only with reference to
public use and public exigency, the first to be determined in the
• first instance by the Legislature and finally by the court, the
second to be determined by the Legislature without judicial re-
vision. Laughlin vs. City of Portland, lll Me. 486, 90 At. 518
(1914).
The Legislature requested an opinion as to whether or not
it had the authority under the Constitution to pass laws
• ”enabling towns, by gifts of money or loan of bonds, to assist
individuals or corporations to establish or carry on manufacturing
within or without the limits of towns; and if towns thus author-
· ized may assist private parties, may they go further and establish
manufactories entirely on their own account, and run them by the
ordinary town officers or otherwise?" The court divided and
• submitted six opinions. The consensus of these opinions was a
reply in the negative to both of the propounded questions. In
relation to the first question the majority opinion said ”The
legislature has no constitutional right to . . . levy a tax or
to authorize any municipal corporation to do it, in order to
raise funds for any private purpose . . . Taxation is a mode of
• raising revenue for public purposes. When it is prostituted to
_ objects in no way connected with the public welfare, it ceases
to be taxation and becomes plunder." In relation to the second
question the same opinion said "Towns are public corporations
_ created and existing only for public purposes, not private corpor-
ations for the purposes of traffic or manufacturing". In re
• Opinion of the Justices, 58 Me. 590 (1871).
The State cannot enter upon a commercial enterprise and tax
the people for its promotion. However, if the object be to fur-
nish facilities for the citizens in regard to those matters of
public necessity, convenience or welfare, which on account of
their peculiar character, and the difficulty, and perhaps impos-
• sibility, of making provision for them otherwise, it is proper,
. . . for the government to provide therefor, and levy taxes for
their support. The support and construction of schools, highways,
sewers, the aiding of railroads, the supplying of light and
· water to municipalities are instances of well defined public pur-
(Footnote forwarded)
•

 •
4. Maine
II. Financial Powers and Limitations (Cont'd)
A. Taxation and Assessments (Cont'd)
•
(1) State (Cont'd)
(c) While the public expenses shall be assessed
on polls and estates, a general valuation shall be taken at least
A once in ten years. 6/
•
(d) The Legislature shall never, in any manner, (
suspend or surrender the power of taxation. 7/
O
(e) No tax or duty shall be imposed without the
consent of the people or of their representatives in the Legis1ature.§/
(2) Counties V
See par. A, pages 1 to 4 inclusive, and footnotes •
thereunder.
(5) Other Local Units
See par. A, pages 1 to 4 inclusive, and footnotes l
thereunder. •
(Footnote #5 - Continued) ·
poses for which taxes may be levied. The supply of fuel when
necessity requires, also falls into this class. If however the
dominant purpose of an act be for private benefit and not for
the "benefit of the people", the power of taxation to promote it •
does not exist under the Constitution of Maine. In re Opinion of
the Justices, 118 Me. 505, lO6 At. 865 (1919).
The term "public uses" includes the relief of paupers.
Laughlin vs. City of Portland, 111 Me. 486, 9O At. 518 (1914).
6. Constitution, Art. IX, Sec. 7.
See Brewer Brick Company vs. Brewer, 62 Me. 62 (1875), page •
1, footnote 4. ·
7. Constitution, Art. IX, Sec. 9.
All taxes, State, county and municipal, must be levied by
the Legislature directly, or under general laws. This does not,
however, forbid a municipality to levy a special assessment upon
certain lands to the exclusion of others, to pay for improvements •
which bestow particular benefits on the land assessed. City of
Auburn vs. Paul, 84 Me. 212, 24 At. 817 (1892).
Officers of a municipality in levying and collecting muni-
cipal, county and State taxes are acting as agents of the State;
they have no other powers except those clearly and unmistakably
granted by the law-making power, and must proceed strictly in •
accordance with the authority given. Inhabitants of Town of Frank-
fort vs. Waldo Lumber Company, 128 Me. 1, 145 At. 241 (1929).
8. Constitution, Art. I, Sec. 22. •
O .

 O
Maine 5,
II. Financial Powers and Limitations (Cont'd)
· B. Exem tions
O
No provision. 9/
C. Borrowin and Use of Credit
(i) state
• The credit of the state shall not be directly or
indirectly loaned in any case. The legislature shall not create any
, debt or debts, liability or liabilities, on behalf of the state, which
shall singly, or in the aggregate, with previous debts and liabilities
V hereafter incurred at any one time, exceed $2,000,000, except for the
purposes of building state highways, intrastate, interstate and inter-
national bridges lg/; to suppress insurrection, to repel invasion, or
for the purposes of war; to provide for the payment of a bonus to Maine
, soldiers and sailors in the war with Germany ll/; or for the purposes
9. The Legislature may ". . . determine what kinds and classes of
property shall be taxed, and what kinds and classes shall be ex-
empt from.taxation." In re Opinion of the Justices, l78 At. 62l
(ieee).
, In construing statutes exempting property from taxation all
doubt and uncertainty must be resolved against the granting of
thé €I€mpti0H· In Maine this is especially true_as the Consti-
· tution does not expressly define any powers granting exemptions.
City of Auburn vs. Young Men's Christian Association,,86 Me. 244,
29 At. 992 (l894). ·
, A statute exempted from taxation such property of benevolent
and charitable associations as might be used by them for their
own purposes. A camp-meeting association classified under this
category, claimed as exempt, property of the association let for
stabling horses and housing members of the association. The court
held such property not exempt on the ground that it was being used
, for commercial purposes and not in furtherance of the aims of the
association. Inhabitants of Foxcroft vs. Piscatagius Valley
Camp-Meeting Association, 86 Me. 78, 29 At. 951 (l895).
See Brewer Brick Company vs. Brewer, 62 Me. 62 (1875), page
» l, footnote 4.
l0. Art. LVIII, authorizes bond issues not to exceed $56,000,000 at
, any one time, the proceeds to be used for State highway pur-
poses.
ll. Art. XLV, authorizes bond issues not to exceed ts,000,ooo, the
proceeds to be devoted exclusively to payment of a bonus to
Maine soldiers and sailors in the war with Germany.
` I
O

 •
6. Maine
II. Financial Powers and Limitations (Cont'd) ·
C. Borrowing and Use of Credit (Cont'd)
•
(1) state (Cont'd)
of building and maintaining public wharves and for the establishment
of adequate port facilities in the state of Maine lg/; but this amend-
ment 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. g/
O
(2) Counties
No provision.
(5) Other Local Units
O
No city or town having less than forty thousand
inhabitants, according to the last census taken by the United States,
shall hereafter create any debt or liability, which single or in the
aggregate, with previous debts or liabilities shall exceed five per .
centum of the last regular valuation of said city or town: provided,
however, that cities having a population of forty thousand or more, •
according to the last census taken by the United States, may create
a debt or liability which single or in the aggregate, with previous .
debts or liabilities, shall equal seven and one—ha1f per cent of the
last regular valuation of said city, that cities of forty thousand
inhabitants, or over, may, by a majority vote of their city govern-
ment, increase the present rate of five per centum by one-fourth of •
one percent in any one municipal year, until, in not less than ten
years, the maximum rate of seven and one-half percent is reached, that
any city failing to take the increase in any one municipal year then
the increase for that year is lost and no increase can be made until
the next year as provided above, and provided further, that the adop-
tion of this article shall not be construed as applying to any fund •
received in trust by said city or town, nor to any loan for the pur- ·
pose of renewing existing loans, or for war or to temporary loans to
be paid out of the money raised by taxes during the year in which
they were made. 1é/
12. Art. XLI, authorizes serial bond issues not to exceed $1,150,000 •
to be devoted to the building and maintaining of public wharves
and the establishment of adequate port facilities. (
15. Constitution, Art. LV. (
Art. LVI, provides for serial bond issues not to exceed E
$2,000,000, the proceeds to be devoted to the construction and `
equipment of State buildings, or the remodeling or extension of ' )
any plant which is part of State-owned property.
14. Constitution, Art. XXXIV. '
This section applies to cities and towns only, and not to
any other form of municipal or quasi-municipal bodies. Thus ·
(Footnote forwarded)
  '

 •
Maine 7,
· II. Financial Powers and Limitations (Cont'd)
D. An ro riations and Expenditures
I
(1) State
No money shall be drawn from the treasury, but by
warrant from the Governor and Council, and in consequence of appropri-
ations made by law; . . . 15/
O
(2) Counties
• No provision.
(5) Other Local Units
No provision.
• III. Provisions Affecting Legislation
A. gegular Sessions of Legislature
(1) The legislative power shall be vested in two dis- M
tinct branches, a house of representatives, and a senate . . . 1g/
O
(2) The legislature shall convene on the first Wednes-
. dey 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. 11/
•
B. Special Sessions of Legislahire
(The Governor) may, on extraordinary occasions, con-
vene the Legislature; . . . 18/
O
(Footnote #14 - Continued)
bonds issued by the State Pier Site District, a corporation, which
included a city, were not debts of the city within the meaning
of this section, although such bonds were to be paid in part by
• taxes levied on the property within the city. Hamilton vs. Port-
land State Pier Site District, 120 Me. 15, 112 At. 855 (1921).
See page 5, footnote 5.
15. Constitution, Art. V, Part 4, Sec. 4.
16. Constitution, Art. XXXI.
17. Constitution, Art. XXXI.
• 18. Constitution, Art. V, Part 1, Sec. 15.
O

 •
8. Maine
III. Provisions Affecting Legislation (Cont'd)
C. Powers of Initiative and Referendum ·
•
(1) Initiative
(a) . . . the people reserve to themselves power
to propose laws and to enact or reject the same at the polls indepen-
_ dent of the legislature . . . lQ/
O
(b) 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 legisla-
ture at least thirty days before the close of its session. Any m€BS·
ure 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, substitute, or recommendation of the legislature, and
in such manner that the people can choose between the competing mess-
ures or reject 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 subject to a vote of the people. The governor may, and if so
requested in the written petitions addressed to the legislature, shall, ·
by proclamation, 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 or more than six months after
such proclamation, otherwise said measure shall be voted upon at the
I next general election held not less than sixty days after the recess
of the legislature, to which such measure was proposed. ggf
(c) As used in either of the three preceding •
sections the words 'electors' and 'people' mean the electors of the
state qualified to vote for governor; 'recess of the legislature'
means the ajournment without day of a session of the legislature;
 
19. Constitution, Art. IV, Part l, Sec. 1, (amended by Art. XXXI .
The initiative and referendum provisions are not applicable •
to a resolution ratifying a proposed amendment to the Federal
Constitution since Art. V of that Constitution declares that the
method of ratifying amendments to it shall be by the State Legis-
latures. In re Opinion of the Justices, 118 Me. 544, 107 At.
eva (isis).
20. Constitution, Art. IV, Part5,Sec. 18, (amended by Art. XXXI). •
See par. (c) immediately following for definitions of elec-
tors, people, recess of Legislature, general election, measure,
and written petition.
I

 · whine 9,
III. Provisions Affecting Legislation (Cont'd)
· C. Powers of Initiative and Referendum (Cont'd)
. (l) Initiative (Cont'd)
'general election' means the November election for choice of presiden-
tial electors or the September election for choice of governor and
other state and county officers; 'measure' means an act, hill,resolve
or resolution proposed by the people, or two or more such, or part or
° parts of such, as the case may be; 'written petition' means one or
more petitions written or printed, or partly written and partly
• printed, with the original signatures of the petitioners attached . . .
The petitions shall set forth the full text of the measure requested
or proposed. The full text of a measure . . . need not be printed
on the official ballots, but, until otherwise provided by the legis-
lature, the secretary of state shall prepare the ballots in such
form as to present the question or questions concisely and intelli-
_ gnny. gy
(d) . . . The veto power of the governor shall not
extend to any measure approved by vote of the people, and any measure
initiated by the people and passed by the legislature without change,
if vetoed by the governor and if his veto is sustained by the legis-
lature shall be referred to the people to be voted on at the next gen-
. eral election . . . 22/
· (e) The city council of any city may establish
the initiative and referendum for the electors of such city in regard
to its municipal affairs, provided that the ordinance establishing
and providing the method of exercising such initiative and referendum
• shall not take effect until ratified by vote of a majority of the
electors of said city, voting thereon at a municipal election. Pro-
vided, however, that the legislature may at any time provide a uniform
method for the exercise of the initiative and referendum in municipal
affairs. §§/
° (2) Referendum
(a) . . . (The people) 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 legis-
• lature . . . gif
( (b) Upon written petition of not less than ten
thousand electors, addressed to the governor and filed in the office
of the secretary of state within ninety days after the recess of the
legislature, requesting that one or more acts, bills, resolves or
• 21. Constitution, Art. IV, Part 3, Sec. 20, (amended by Art. XXXI).
22. Constitution, Art. IV, Part 3, Sec. 19, (amended by Art. XXII).
See page 8, par. (c), for definitions of measure, and
people.
· 23. Constitution, Art. IV, Part 5, Sec. 21, (amended by Art. DEI).
24. Constitution, Art. IV, Part 1, Sec. 1, (amended by Art. XXXI).
•

 l0. Maine °
III. Provisions Affecting Legislation (Cont'd) ·
C. Powers of Initiative and Referendum (Cont'd)
•
(2) Referendum (Cont'd)
resolutions, or part or parts thereof passed by the legislature, but
not then in effect by reason of the provisions of the preceding sec-
tion (see par. (3) below) be referred to the people, such acts,
bills, resolves, or resolutions or part or parts thereof as are speci- ,
fied 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 . . . 25/
(c) Any measure referred to the people and
approved by a majority of the votes given thereon shall, unless a
later date is specified in said measure, take effect and become a
law in thirty days after the governor has made public proclamation of •
the result of the vote on said measure, which he shall do within ten
days after the vote thereon has been canvassed and determined . . .Q§/
(d) See page 9, par. (e).
D. Legislative Enactment •
(l) The legislature . . . 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. @2/
I
(2) . . . The legislature may enact measures expressly
conditioned upon the people's ratification by a referendum vote. @8/
(3) Bills, orders, or resolutions, may originate in
either house, and may be altered, amended or rejected in the other;
but all bills for raising a revenue shall originate in the House of •
25. Constitution, Art. IV, Part l, Sec. l7, (amended by Art. XXXI).
See page 8, par. (c) for definitions of petition, electors,
recess of Legislature, people, general election. )
26. Constitution, Art. IV, Part l, Sec. 19, (amended by Art. XXXI).
27. Constitution, Art. IV, Part 3, Sec. l. •
28. Constitution, Art. IV, Part 3, Sec. 19, (amended by Art. XXXI). »
The measure shall be voted on at the next general election,
if it occurs within six months after the suspension of the meas-
ure by such petition; in case of there being no general election
within six months, and if so requested, the Governor shall call
a special election for the purpose not less than four nor more •
than six months after the suspension of the measure by such
petition, and proclamation thereof. Ibid.
The Legislature may not amend an act, the operation of which
is suspended during its submission to the people by referendum, ·
since the right of the voters to pass upon the act is absolute,
and cannot be abridged by further action of the Legislature. •
In re Opinion of the Justices, 174 At. 853 (1933).

 • Maine ll,
III. Provisions Affecting Legislation (Gont'd)
· D. Legislative Enactment (Cont'd)
• Representatives, but the Senate may propose amendments as in other
cases; provided, that they shall not, under color of amendment, intro-
duce any new matter, which does not relate to raising a revenue. 22/
(4) Every bill or resolution having the force of law,
• to which the concurrence of both houses may be necessary . . . 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 . . . proceed to reconsider it. If after such reconsideration,
two-thirds of that house shall agree to pass it, it shall be sent
together with the objections, to the other house, by which it shall he
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; . . .
' · If the bill or resolution shall not be returned by the Governor within
five days, (Sundays excepted) after it shall have been presented to
him, it shall have the same 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. §Q/
• (5) No act or joint resolution of the legislature,
. . . shall take effect until ninety days after the recess of the legis-
· lature 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, otheywise direct. An emergency bill shall in-
· clude only such measures as are immediately necessary for the preserva-
tion of the public peace, health or safety; and shall not include (l)
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, . . . @1/
• 29. Constitution, Art. IV, Part 3, Sec. 9.
"A bill for raising revenue is one for levying taxes in
the strict sense of the word, and not a regulatory measure which
incidentally creates revenue." In re Opinion of the Justices,
178 At. 620 (1955).
• 50. Constitution, Art. IV, Part 5, Sec. 2.
31. Constitution, Art. IV, Part 3, Sec. 16,(amended by Art. XXXI).
Excepted from the prohibitions of this section are "such
orders or resolutions as pertain solely to facilitating the
performance 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". Ibid.
( An act merely declaring an emergency but not setting forth
· the facts constituting the emergency would not take effect im-
mediately. This section imposes a definite limitation upon the
· Legislature in this regard. Payne vs. Graham, 118 Me. 251, 107
At. vos (1919).
. (Footnote forwarded)

 12., Maine °
III. Provisions Affecting Legislation (Cont'd)
D. Legislative Enactment (Cont’d) · (_
(6) The Legislature shall, from time to time, provide, •
as far as practicable, by general laws, for all matters us1ally
appertaining to special or private legislation. 52/
(7) The laws shall not be suspended but by the Legis— (
lature or its authority. 55/ · '
(R) There shall be a Council, to consist of seven per-
sons, citizens of the United States, and residents of this State, to
advise the Governor in the executive part of government, whom the •
Governor shall have full power, at his discretion, to assemble; and he
with the Councillors (Councilors), or a majority of them, may from
time to time, hold and keep a council, for ordering and directing the
affairs of State, according to law. §g/
(9) (The justices of the Supreme Judicial Court) shall •
be obliged to give their opinion upon important questions of law, and
upon solemn occasions, when required by the Governor, Council, Senate,
or House of Representatives. §§/
(Footnote #5l — Continued) •
Under that part of this section which provides that an
emergency bill shall not include an infringement of the right of
hone rule for municipalities, an emergency act giving the control .
of a police department of a city having entire control of same,
. to a com ission appointed by the Governor, was held invalid. The
right of the Legislature to grant, repeal, or withhold home rule •
is qualified to the extent that if the people of a municipality
possess the right of home rule, the Legislature may not take from ·
them the right to exercise the referendum, by attaching an
emergency clause to an act, the effect of which would be to
abridge such right. Lemaire vs. Crockett, ll6 Lb. 265, lOl At.
soz (1917). _
52. Constitution, Art. IV, Part 5, Sec. l5.
See Sawyer vs. Gilmore, 109 Me. 169, B5 At. 675 under
footnote 2, page l.
55. Constitution, Art. I, Sec. l5.
5