xt7prr1pk449 https://exploreuk.uky.edu/dips/xt7prr1pk449/data/mets.xml Rhode Island United States Works Progress Administration 1937 Other contributors include: Robert C. Lowe (Robert Chapin) and  David S. Lander under the supervision of A. Ross Eckler; 7 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; Call number Y 3.W 89/2:36/R 34 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 Rhode Island text Analysis of Constitutional Provisions Affecting Public Welfare in the State of Rhode Island 1937 2015 true xt7prr1pk449 section xt7prr1pk449 IA,} . IH QL I
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WORKS PROGRESS ADMINISTRATION
HARRY I.. HOPKINS, ADMINISTRATOR
. CORRINGTON GILL, Ass|sTANT ADMINISTRATOR
H0wAR0 B. MYERS, DIREcT0R
• DIVISION OF S0cIAL RESEARCH
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ANALYSIS OF CONSTITUTIONAL PROVISIONS
. , AFFECTING PUBLIC WELFARE IN THE STATE OF
· I RHODE ISLAND
  MAY 20,     4/ ‘g·,,

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PREPARED BY
ROBERT C. LDwE 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
A · This bulletin is one of a series presenting
· State constitutional provisions affecting public wel-
fare, prepared to supplement the State by State digests
• of public welfare laws so as to provide in abstract
form the basis for the public welfare services of the
several States.
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 provi-
sion. The indirectly related provisions included,
• therefore, have been restricted to those concerning
finance, legislation, and the methods of constitutional
· amendment.
An attempt has been made, bya careful selec-
tion of the most recent cases decided by the highest
S , courts of the States, to indicate wherever possible how
\
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
S useful to those interested in public welfare questions
in indicating how State and local public welfare admin-
istration may be affected by constitutional powers and
limitations.
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~’ CONTENTS
• Page
Incidence of Responsibility for Welfare Program .................. 1
Financial Powers and Limitations ................................. 1
Taxation and Assessments .................................... 1
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Exemptions .................................................. 3
Borrowing and Use of` Credit ................................. 4
Other Income ................................................ 4
_ Appropriations and Expenditures ............................. 5
• Provisions Af`f‘ecting legislation .................................  
· Constitutional Amendment or Revision ............................. 6
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` • Rhode Island I
ANALYSIS OF CONSTITUTIONAL PROVISIONS AFFECTING
PUBLIC WELFARE IN RHODE ISLAND1
•
I. Incidence of Responsibility for Welfare Program
. · No provision.2
II. Financial Powers and Limitations
• A. Taxation and Assessments
` (1) state
(a) All free governments are instituted for the pro-
? tection, safety and ha iness of the eo le. All laws therefore should
PP p P s s
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.   1Const1tut1on (1:343), as published In the Rhode Island Manual (1933-1934), by author-
1ty of the State of Rhode Island; with all amendments to May 20, 1937.
Art. IV, Sec. 1 of the Constitution provides that: •·Th1sConst1 tutlon shall be the
supreme law of the state, and any law inconsistent therewith shall be void. =•= =•¤ >•<•* .~
O Amendment XII, Sec. 2 of the Constitution provides that: ¤The Judges of the su- i
preme court shall give their written opinion upon any question of law whenever re-
quested by the governor or by either house of the general assembly.'•
Art. IV, Sec. 1O of the Constitution provides that: ¤The general assembly shall
continue to exercise the powers they have heretofore exercised, unless prohlbl ted In
this Const1tut1on.•• The Supreme Court In an advisory opinion held that this means
that the Legislature may exercise all powers not prohlbited by the Constl tutlon, and
that the Legislature had the power to Call a convention to revise the Constitution
_• since there was nothing in the Constitution expressly prohibiting It. In re oplnlon
to the Governor, 178 A. 433 (1935).
In a case holding that the legislative power over municipalities was absolute I
slnce the Constitution nowhere restrained it the Supreme Court stated: ¤The lawmak-
Ing power of the state =•= =•= * recognizes no restraints and is bound by none, ex-
cept such as are imposed by the Constitution. >•= =•= * Its object is HOL to grant {
legislative power, but to confine and restrain it. >•= =•= >•=” In re opinion of the
Justices, 34 R. I. 191, 85 A. 3 (1912). '
· In holding parts of a statute regulatlng the undertaking business to constitute
‘ a valid exercise of the poilce power as relating to the public health, the Supreme ,
Court stated: ">•= >•= =•= the Legislature has a wide scope in exercising the police ,
power. As long as the act In question bears a substantial relation to the welfare '
of the general public, protects and conserves constitutional guarantees. and appears
to be a reasonable exercise of the power in relation to the purpose Involved, ltwill ,
be held Valid. within these limits the exercise of legislative discretion is not
subject to judicial review. '• Frata Undertaking Company vs. State Board of Embalming I
· and Funeral Directing, 55 R. I. 454, 182 A. 808 (1936).
2Art. II, Sec. 4 of the Constl tution provides that no pauper shall be permitted to be
registered or to vote.
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2 Rhode Island
II. Financial Powers and Limitations—Continued •
A. Taxation and Assessments—Continued
(1) State-Continued
be made for the good of` the whole; and the burdens of the state ought to •
be fairly distributed among its citizens.5
(b) The general assembly shall, from time to time, ·
provide For making new valuations of property, for the assessment of'
taxes, in such manner as they may deem best.4 * * *
, (2) Counties and Other Local Units5
The assessors of each town and city shall annually
I assess upon every person who, if registered, would be qualified to vote, °
a tax of' one dollar, or such sum as with his other taxes shall amount to
3Const1tut1on, Art. I, Sec. 2. I 
A statute wh1ch prov1ded that comm1ss1oners should set the amount which each
c1ty or town 1n a metropolitan park district should contr1bute toward the support of .
I the d1str1ct was held not to vlolate th1s section. In discussing this section the '
court stated: ¤the language in question can hardly be said to lmpose any restriction
I upon the assembly at all, except what would be imposed by the fact of our free 1n- O
st1tut1ons, and the general principles of constitutional law, here and everywhere in _ I
~ th1s country prevalent, * >•= >1=. The question, How shall the burdens of the state
be fairly d1str1buted? 1s one of a purely legislative character, to be answered by
the lawmaklng branch of the government 1n the exerc1se of a wise and w1de legislative
. discretion, w1 th wh1ch the _]ud1c1al department has no concern, and over which It will .
. not attempt to assume control, where the same has been exercised honestly and in good
faith, and not for the purpose of personal oppression under color of law.•* In re
) Opinion of the Justices, 54 R. I. 191, 85 A. 5 (1912).
In upholdlng a statute wh1ch In effect imposed a tax on two c1t1es for the pur-
pose of erecting a bridge, the Supreme Court quoted w1th approval the following lan-
guage from an early case: ”>•< >•= >•< a w1de dlscretlon w1th regard to the d1str1but1on
of the burdens of state amongst the citizens was intended to be reposed 1n the Gen-
eral Assembly by the w1ll of the people, as s1gn1f1ed 1n this clause of the Constl- ,
` tut1on. The form 1s ·ought to be,• the word is ’fa12rLy’ dlstributed, not ’equaLLy."'
In re Opinion to the Governor, 142 A. 661 (1928).
In a case under th1s sectlon holding a statute valid wh1ch taxed the 1ntang1ble
property of mutual f1re 1nsurance companies and did not tax the lntanglble property
I of stock f1re insurance companles the Supreme Court stated: '•It 1s within the power
of the Legislature to classify persons and property for the purpose of taxation, and
I to impose d1 fferent burdens upon different classes, provlded such classification is
not unreasonable nor arbl trary, but 1s based upon d1 fferences indicating ·a reason- •
( able and just relation to the act 1n respect to which the class11’1cat1on is proposed.•*•
{ Manufacturers· Mutual Fire Insurance Company vs. Clarke, 41 R. I. 277, 105 A. 951,
955 (1918).
, 4Const1tut1on, Art. IV, Sec. 15.
5Mun1c1pal1t1es are the creatures of the State. S1nce there is no prov1s1on 1n the
‘ State Constl tutlon l1m1t1ng the power of the Leglslature ln regard to mun1c1pal1t1es
j they "have no Inherent r1ght of sel f—government which 1s beyond the leg1slat1ve con- O
trol of the state =•= >•= >•< and the state may withhold, gmnt,or withdraw powers and
I prlvlleges as 1t sees f1 t.*• City of Prov1dence vs. Moulton, 52 R. I. 256, 160 A. 75
(1952).
) ••The power of taxation 1s vested prlmarlly 1n the state, and may be lawfully
exerclsed by the subord1nate pol1t1cal bod1es of the state only lnsofar as and 1n ·
the manner 1n wh1ch said power 1s delegated to them by the Leg1slature." In re Opin- \.
Ion of the Judges, Z9 R. I. 1, 97 A. 21 (1916)-
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Rhode Island J
• II. Financial Powers and Limitations-—Continued
A. Taxation and Assessments——Continued
(2) Counties and Other Local Units-Continued
one dollar, which tax shall be aid into the treasur of such town or
p. P Y
city and be applied to the support of public schools therein:6 * * *.
• B. Exemptions
* * * All laws, therefore, should be made for the good
of the whole; andthe burdens of the state ought to be fairly distributed
among its citizens.?
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6Const1tut1on, Art. of Amendment VII, Sec. 2 (1888).
Exempted from payment of this tax are persons who perform military duty, marl-
ners at sea, and persons of extreme poverty. Ibid. ‘
women who, lf registered, would be entitled to vote for President of the United
States were held not l1able for assessment for polltaxes because they were not ”vot—
ers" within the meaning of the Constitution since they were not entitled to vote for
• local officers. In re Oplnlon to the Governor, 42 R. I. 558, 109 A. B4 (1920). ,
7Constltut1on, Art. I, Sec. 2.
See p. 1, par. (a).
A statute ratlfylng the action ofa town in exempting from taxation the property
of a manufacturing plant for a perlod of 10 years was held valid under this section.
The court stated: ”the power to tax necessarily implies the power to exempt. * * *
The form of this clause 1s advisory not mandatory. * * * we do not mean to say
`• that a law * * * may not be * * * so outrageously subversive of allthe rules
of fairness * * * as to enable the court to save the citizen from oppression by
declaring 1t to be vold. But evidently a wide discretion with regard to the distri-
bution of the burdens of the state amongst the citizens was Intended to be reposed
ln the general assembly by the will of the people, asslgnifled in this clause of the
Constltutlon. * * * Indeed the language in question can hafdly be said to impose
any restriction upon the general assembly at all, exceptwhat would be Imposed by the
fact of our free lnstltutlons, andthe general principles of constitutional law, here
• and everywhere in this country prevalent." Crafts vs. Ray, 22 R. I. 179, 46 A. 1043
(1900).
A charter granted the woonsocket Hospital provided that the property of the
corporation should be exempt from taxation as long as it was used for the purposes
for which incorporated. Part of the real property owned bythe corporation was leased
to the F. w. woolworth Company and used for mercantile purposes. The income accru-
lng from the lease was used for the benefit of the hospital. The property leased and
the income accruing from the lease were held to be both exempt from taxation. The
• court stated thatwhlle provisions for exemptlon must be strictly construed,the above
lnterpretation coincided with the terms of the charter and the general policy of the
State ln regard to exemptions. woonsocket Hospital vs. Quinn, 173 A. 550 (1934).
Property owned by a clty and used as a part of its waterworks system located
wlthln the l1m1ts of another town was held not exempt from taxation by the town. It
was admitted that such property was not expressly exempted by statute but the city
contended that since it was publlc property devoted to a public use it was exempt
unless specifically made taxable by statute. The court held, however, that since such
• property was not specifically exempted by statute that it was taxable, although lt
was indicated that 1f city property were used for a ”governmental function" that a
different result might follow. City of Providence vs. Hall, 49 R. I. 230, 142 A.
156 (1928).
Property of a nonprofit corporation used as a summer resort for girls was held
not to come wlthln the meaning of a statute exempting from taxation property of edu-
catlonal institutions, and so was not exempt from taxation. Girls Friendly Society
vs. Stafford. 46 R. I. 29, 124 A. 470 (1924).
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4 Rhode Island
II. Financial Powers and Limitations—Continued •
C. Borrowing and Use of Credit
(1) State V
The general assembly shall have no power, hereafter, •
I without the express consent of the people, to incur state debts to an
amount exceeding fifty thousand dollars, except in time of war, or in
case of insurrection or invasion; nor shall they in any case, without • I
such consent, pledge the faith of the state for the payment of the obli-
gations of others. This section shall not be construed to refer to any
money that may be deposited with this state by the government of the
United States.B
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(2) Counties and Other Local Units 1
No provision.9
D. Other Income l
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(1) The money which now is or which may hereafter be ap-
propriated by law for the establishment of a permanent fund for the sup- ·
port of public schools, shall be securely invested, and remain a perpet-
ual fund for that purpose.1O
(2) All donations for the support of public schools, or •
for other purposes of education, which may be received by the general
assembly, shall be applied according to the terms prescribed by the do-
nors.11
` BConst1tut10n. Art. IV, Sec. 13. •
The people by referendum vote may approve a State debt in excess of $50,000.
Higgins vs. Green. 185 A. 886 (1936)-
In an advisory opinion the Supreme Court stated that sums borrowed from the
Federal Government by the Rhode Island Emergency Public works Corporation, which was
a public corporation w1th one share of no par value stock owned by the State, would
not constitute a ••State debt•• wlthln the meaning of this section because they were
corporate debts and not debts of the State. However, 1f State property were pledged _
to secure these debts this would constitute a·•State debt¤ within the meaning of this •
section at least to the amount of the property pledged. In re Opinion to the Gover-
nor. 54 R. I. 45, 169 A. 748 (1933).
A statute which provided for the construction of a bridge involving borrowing
by two cities was held not to create a ¤debt·• within the meaning of this section be-
cause the term •·State debts¤ was held not to Include debts of cities even though the
1ncurr1ng of such debts was directed or authorized by the State. Blais vs. Franklin,
31 R. I. 95. 77 A. 172 (1910). •
gnunlcipallties being political entities created by the State, the Legislature may
withhold, grant, or withdraw their powers and privileges as It sees fit. City of
Providence vs. Moulton, 52 R. I. 235, 160 A. 75 (1932).
See p. 2, Footnote 5.
1OConst1tut1on, Art. XII, Sec. 2. Q
11Const1tut1on. Art. XII, Sec. 3.
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Rhode Island 5
• II. Financial Powers and Limitations—C0ntinued
E. Appropriations and Expenditures
No provision.
‘ III. Provisions Affecting Legislation
A. Regular Sessions of Legislature
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There shall be a session of the general assembly at Provi-
, dence commencing on the first Tuesday of January in each year. 12 * * *
B. Special Sessions of legislature
• He (the Governor) may, on extraordinary occasions, convene
the general assembly at any town or city in this state, at any time not
rovided for b law·13 * * *.
P y s
C. Powers of Initiative and Referendum
1. • No provision.
· D. Legislative Enactment
(1) The legislative power, under this constitution, shall l
be vested in two houses, the one to be called the senate, the other the
• house of representatives; and both together the general assembly. The .
concurrence of the two houses shall be necessary to the enactment of
laws.14 * * *
(2) The assent of two-thirds of the members elected to
each house of the general assembly shall be required to every bill ap-
• propriating the public money or property for local or private purposes.15
(3) Every bill, resolution, or vote (except such as relate
to adjournment, the organization or conduct of either or both houses of
the general assembly, and resolutions proposing amendment to the consti-
tution) which shall have passed both houses of` the general assembly shall
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12Const1tut1on, Art. 01* Amendment XI, Sec. 1 (1900).
Art. or Amendment XVI, Sec. 1 or the Constitution provides that State or1*1cers I
"shall be elected >•= * =•< on the Tuesday next after the first Monday 1n November, X
biennially, commenc1ng A. D. 1912." ,
13Const1tut1on, Art. VII, Sec. 7.
• 14Const1tut1on, Art. IV, Sec. 2.
15Const1tut1on, Art. IV, Sec. 14.
The Supreme Court In an advisory opinion stated that 11* a general appropr1at1on
act contained items for both public and pr1vate purposes and was passed by a major-
. 1ty but not by two-thirds or the members elected to each house, only the 1tems or
_ appropriation 1*or private purposes would be invalid. In re Opinion 01* the Justices,
 _ 45 R. I. 289, 120 A. 868 (1923).
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6 Rhode Island
III. Provisions Affecting legislation-—Continued •
D. legislative Enactment—Continued
be presented to the governor. If he approve it he shall sign it, and
thereupon it shall become operative, but if he does not approve it he
shall return it, accompanied by his objections in writing, to the house _
in which it originated, which shall * * * proceed to reconsider it.
If, after such reconsideration, three—fifths of the members present and
voting in that house shall vote to pass the measure, it shall be sent, •
with the objections, to the other house, by which it shall likewise be
reconsidered, and if approved by three-fifths of the members present and
voting in that house, it shall become operative in the same manner as if
the governor had approved it, * * "·‘. If the measure shall not be re-
turned by the governor within six (6) days (Sundays excepted) after it •
shall have been presented to him, the same shall become operative unless
the general assembly, by adjournment, prevents its return, in which case .
it shall become operative unless transmitted by the governor to the sec- "
retary of state, with his disapproval in writing, within ten days after
such adjournment.16 ·
K IV. Constitutional Amendment or Revision ·
j A. By Proposal of legislature or People
I The general assembly may propose amendments to this consti-
B tution by the votes of a majority of all the members elected to each '
house. Such propositions for amendment shall be published in the news-
papers, and printed copies of them shall be sent by the secretary of
state, with the names of all the members who shall have voted thereon,
p with the yeas and nays, to all the town and city clerks in the state.
The said propositions shall be, by said clerks, inserted in the warrants ,
or notices by them issued, for warning the next annual town and ward
meetings in April; and the clerks shall read said propositions to the
electors when thus assembled, with the names of all the representatives
and senators who shall have voted thereon,with the yeas and nays, before
the election of senators and representatives shall be had. Ifa majority •
of all the members elected to each house, at said annual meeting, shall
approve any proposition thus made, the same shall be published and sub-
mitted to the electors in the mode provided in the act of approval; and
if then approved by three—f`ifths of the electors of the state present
and voting thereon in town and ward meetings, it shall become a part of
the constitution of the state.17 •
16Const1tut1on, APC. of Amendment XV, Sec. 1 (1909). · X .
17Const1tut1on, Art. XIII.  
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· • IV. Constitutional Amendment or Revision——Continued
B. By Constitutional Convention
C No provision. 18
° 18The Leg1s1ature was held to have the power to ce.11 a convention tor the purpose or
revising the Const1tut10n since there was nothing 1n the Constitution oenylng the
legislature this power. In re Opinion to the Governor, 1'78 A. 455 (1935).
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4613-0 U. S. GOVERNMENT PRINTING OFFICE: I937
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