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Full text of "A manual for the use of the General Court"

Manual 



FOR THE 




General 
Court 

2005-06 



Manual 



for THE 




General 
Court 



CALENDAR 2005 








I JANUARY | 


1 FEBRUARY I 


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CALENDAR 2006 








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CALENDAR 2007 








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CALENDAR 2008 








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Cfje Commontoealtf) of Jlassactjusiettsf 



A MANUAL 

FOR THE USE OF THE 

GENERAL COURT 

FOR 

2005-06 



Prepared under Section 1 1 of Chapter 5 of the General Laws, 
as most recently amended by Chapter 170 of the Acts of 1962. 

BY 

WILLIAM F. WELCH 

Clerk of the Senate 

AND 

STEVEN T. JAMES 
Clerk of the House 




Eagle Graphics, Inc. 
Canton, MA 



£^v 




Declaration of Independence 



DECLARATION OF INDEPENDENCE. 



A DECLARATION BY THE REPRESENTATIVES OF THE UNITED 
STATES OF AMERICA IN CONGRESS ASSEMBLED. 

[July 4, 1776.] 

When in the Course of human events, it becomes necessary for one 
people to dissolve the political bands which have connected them with 
another, and to assume among the Powers of the earth, the separate and 
equal station to which the Laws of Nature and of Nature's God entitle 
them, a decent respect to the opinions of mankind requires that they 
should declare the causes which impel them to the separation. 

We hold these truths to be self-evident, that all men are created 
equal, that they are endowed by their Creator with certain unalienable 
Rights, that among these are Life, Liberty and the pursuit of Happiness. 
That to secure these rights. Governments are instituted among Men, 
deriving their just powers from the consent of the governed. That 
whenever any Form of Government becomes destructive of these ends, it 
is the Right of the People to alter or to abolish it, and to institute new 
Government, laying its foundation on such principles and organizing its 
powers in such form, as to them shall seem most likely to effect their 
Safety and Happiness. Prudence, indeed, will dictate that Governments 
long established should not be changed for light and transient causes; 
and accordingly all experience hath shewn, that mankind are more 
disposed to suffer, while evils are sufferable, than to right themselves by 
abolishing the forms to which they are accustomed. But when a long 
train of abuses and usurpations, pursuing invariably the same Object 
evinces a design to reduce them under absolute Despotism, it is their 
right, it is their duty, to throw off such Government, and to provide new 
Guards for their future security. Such has been the patient sufferance of 
these Colonies; and such is now the necessity which constrains them to 
alter their former Systems of Government. The history of the present 
King of Great Britain is a history of repeated injuries and usurpations, all 
having in direct object the establishment of an absolute Tyranny over 
these States. To prove this, let Facts be submitted to a candid world. 

He has refused his Assent to Laws, the most wholesome and 
necessary for the public good. 



Declaration of Independence. 



He has forbidden his Governors to pass Laws of immediate and 
pressing importance, unless suspended in their operation till his Assent 
should be obtained; and when so suspended; he has utterly neglected to 
attend to them. 

He has refused to pass other Laws for the accommodation of large 
districts of people, unless those people would relinquish the right of 
Representation in the Legislature, a right inestimable to them and 
formidable to tyrants only. 

He has called together legislative bodies at places unusual, 
uncomfortable, and distant from the Depository of their Public Records, 
for the sole purpose of fatiguing them into compliance with his 
measures. 

He has dissolved Representative Houses repeatedly, for opposing 
with manly firmness his invasions on the rights of the people. 

He has refused for a long time, after such dissolutions, to cause 
others to be elected; whereby the Legislative Powers, incapable of 
Annihilation, have returned to the People at large for their exercise; the 
State remaining in the meantime exposed to all the dangers of invasion 
from without, and convulsions within. 

He has endeavored to prevent the Population of these States; for that 
purpose obstructing the Laws for Naturalization of Foreigners; refusing 
to pass others to encourage their migrations hither, and raising the 
conditions of new Appropriations of Lands. 

He has obstructed the Administration of Justice, by refusing his 
Assent to Laws for establishing Judiciary Powers. 

He has made Judges dependent on his Will alone, for the tenure of 
their offices, and the amount and payment of their salaries. 

He has erected a multitude of New Offices, and sent hither swarms 
of Officers to harrass our People, and eat out their substance. 

He has kept among us. in times of peace. Standing Armies without 
the Consent of our legislature. 

He has affected to render the Military independent of and superior to 
the Civil Power. 

He has combined with others to subject us to a jurisdiction foreign to 
our constitution, and unacknowledged by our laws: giving his Assent to 
their Acts of pretended Legislation: 

For quartering large bodies of armed troops among us: 

For protecting them, by a mock trial, from Punishment for any 
Murders which they should commit on the Inhabitants of these States: 

For cutting off our Trade with all parts of the world: 

For imposing Taxes on us without our Consent: 

For depriving us in many cases, of the benefits of Trial by Jury: 

For transporting us beyond Seas to be tried for pretended offenses: 



Declaration of Independence. 



For abolishing the free System of English Laws in a neighboring 
Province, establishing therein an Arbitrary government, and enlarging its 
Boundaries so as to render it at once an example and fit instrument for 
introducing the same absolute rule into these Colonies: 

For taking away our Charters, abolishing our most valuable Laws, 
and altering fundamentally the Forms of our Governments: 

For suspending our own Legislatures, and declaring themselves 
invested with Power to legislate for us in all cases whatsoever. 

He has abdicated Government here, by declaring us out of his 
Protection and waging War against us. 

He has plundered our seas, ravaged our Coasts, burnt our towns, and 
destroyed the lives of our People. 

He is at this time transporting large Armies of foreign Mercenaries 
to compleat the works of death, desolation and tyranny, already begun 
with circumstances of Cruelty & perfidy scarcely paralleled in the most 
barbarous ages, and totally unworthy the Head of a civilized nation. 

He has constrained our fellow-Citizens taken Captive on the high 
Seas to bear Arms against their Country, to become the executioners of 
their friends and Brethren, or to fall themselves by their Hands. 

He has excited domestic insurrections amongst us, and has 
endeavored to bring on the inhabitants of our frontiers, the merciless 
Indian Savages, whose known rule of warfare, is an undistinguished 
destruction of all ages, sexes and conditions. 

In every stage of these Oppressions We have Petitioned for Redress 
in the most humble terms: Our repeated Petitions have been answered 
only by repeated injury. A Prince, whose character is thus marked by 
every act which may define a Tyrant, is unfit to be the ruler of a free 
People. 

Nor have We been wanting in attentions to our British brethren. We 
have warned them from time to time of attempts by their legislature to 
extend an unwarrantable jurisdiction over us. We have reminded them of 
the circumstances of our emigration and settlement here. We have 
appealed to their native justice and magnanimity, and we have conjured 
them by the ties of our common kindred to disavow these usurpations, 
which, would inevitably interrupt our connections and correspondence. 
They too have been deaf to the voice of justice and of consanguinity. We 
must, therefore, acquiesce in the necessity which denounces our 
Separation, and hold them, as we hold the rest of mankind, Enemies in 
War, in Peace Friends. 

We, therefore, the Representatives of the United States of 
America, in General Congress, Assembled, appealing to the Supreme 
Judge of the World for the rectitude of our intentions, do, in the Name, 
and by Authority of the good People of these Colonies, solemnly publish 



Declaration of Independence. 



and declare, That these United Colonies are, and of Right ought to be 
FREE AND INDEPENDENT States; that they are Absolved from all 
Allegiance to the British Crown, and that all political connection 
between them and the State of Great Britain, is and ought to be totally 
dissolved; and that as free and independent States, they have full 
Power to levy War, conclude Peace, contract Alliances, establish 
Commerce, and to do all other Acts and Things which independent 
States may of right do. And for the support of this Declaration, with a 
firm reliance on the Protection of Divine Providence. We mutually 
pledge to each other our Lives, our Fortunes and our sacred Honor. 

The foregoing declaration was, by order of Congress, engrossed and 
signed by the following members: 

JOHN HANCOCK, 



New Hampshire. 



JOSIAH BARTLETT, 

Wm. Whipple, 



Matthew Thornton. 



Saml. Adams, 
John Adams, 



Massachusetts Bay. 



Robt. Treat Paine, 
Elbridge Gerry. 



Step. Hopkins, 



Rhode Island, etc. 



William Ellery. 



Connecticut. 



Roger Sherman, 
Sam'el Huntington, 



Wm. Williams, 
Oliver Wolcott. 



Wm. Floyd, 
Phil Livingston, 



New York. 



Frans. Lewis, 
Lewis Morris. 



Richd. Stockton, 
Jno. Witherspoon, 
Fras. Hopkinson, 



New Jersey. 



John Hart, 
Abra. Clark. 



Declaration of Independence. 



Robt. Morris, 
Benjamin Rush, 
Benja. Franklin, 
John Morton, 
Geo. Clymer, 



Pennsylvania. 



Jas. Smith. 
Geo. Taylor, 
James Wilson, 
Geo. Ross. 



Cesar Rodney, 
Geo. Read, 



Delaware. 



Tho. M'Kean. 



Samuel Chase, 
Wm. Paca, 



Marvland. 



Thos. Stone, 
Charles Carroll of 
Carrollton. 



Virginia. 



George Wythe, 
Richard Henry Lee, 
Th. Jefferson, 
Benja. Harrison, 



Thos. Nelson, jr., 
Francis Lightfoot Lee, 
Carter Braxton. 



Wm. Hooper, 
Joseph Hewes, 



North Carolina. 



John Penn, 



South Carolina. 
Edward Rutledge, 
Thos. Heyward, junr., 



Thomas Lynch, junr., 
Arthur Middleton. 



Button Gwinnett, 
Lyman Hall, 



Georgia. 



Geo. Walton. 



Resolved, That copies of the Declaration be sent to the several 
assemblies, conventions, and committees or councils of safety, and to the 
several commanding officers of the Continental Troops: That it be 
proclaimed in each of the United States, and at the Head of the 
Army. — [Jour. Cong., vol. 1, p. 396.] 



Constitution 

OF THE 

United States of America 



CONSTITUTION OF THE UNITED STATES 
OF AMERICA. 



Preamble. 
Objects of the Constitution 

Article I. 

Section 1. Legislative powers, in whom vested. Page 14. 

Sect. 2. House of representatives, how and by whom chosen — 
Qualifications of a representative — Representatives and direct taxes, how 
apportioned — Census — Vacancies to be filled — Power of choosing 
officers, and of impeachment. 14, 15. 

Sect. 3. Senators, how and by whom chosen — How classified — 
Vacancies, how filled — Qualifications of a Senator — President of the 
Senate, his right to vote — President pro tern, and other officers of 
Senate, how chosen — Power to try impeachments — When President is 
tried, Chief Justice to preside — Sentence. 15, 16. 

Sect. 4. Times &c, of holding elections, how prescribed — One 
session in each year. 16. 

Sect. 5. Membership — Quorum — Adjournments — Rules — 
Power to punish or expel — Journal — Time of adjournment limited, 
unless &c. 16. 

Sect. 6. Compensation — Privileges — Disqualification in certain 
cases. 17. 

Sect. 7. House to originate all revenue bills — Veto — Bill may be 
passed by two-thirds of each house, not withstanding, &c. — Bill not 
returned in ten days — Provision as to all orders, &c. except, &c. 17. 

Sect. 8. Powers of Congress. 17, 18. 



11 



12 Constitution of the United States. 



Sect. 9. Provision as to migration or importation of certain persons — 
Habeas corpus — Bills of attainder, &c. — Taxes, how apportioned — No 
export duty — No commercial preferences — No money drawn from 
treasury, unless, &c. — No titular nobility — Officers not to receive 
presents, unless, &c. 18, 19. 

Sect. 10. States prohibited from the exercise of certain powers. 19. 

Article II. 

Section 1. President and Vice-President, their term of office — 
Electors of President and Vice-President, number, and how appointed — 
Electors to vote on same day — Qualifications of President — On whom 
his duties devolve in case of his removal, death, &c. — President's 
compensation — His oath. 19-21. 

Sect. 2. President to be commander-in-chief — He may require 
opinion of, &c, and may pardon — Treaty-making power — 
Nomination of certain officers — When President may fill vacancies. 21. 

Sect. 3. President shall communicate to Congress — He may 
convene and adjourn Congress, in case, &c; shall receive ambassadors, 
execute laws, and commission officers. 21. 

Sect. 4. All civil offices forfeited for certain crimes. 21. 

Article III. 

Section 1. Judicial power — Tenure — Compensation. 22. 

Sect. 2. Judicial power, to what cases it extends — Original 
jurisdiction of supreme court — Appellate — Trial by jury, except, &c. — 
Trial, where, 22. 

Sect. 3. Treason defined — Proof of — Punishment of. 22. 

Article IV. 

Section 1. Credit to be given to public acts, &c, of every State. 22. 

Sect. 2. Privileges of citizens of each State — Fugitives from 
justice to be delivered up — Persons held to service, having escaped, to 
be delivered up. 23. 



Constitution of the United States. 13 



Sect. 3. Admission of new States — Power of Congress over terri- 
tory and other property. 23. 

Sect. 4. Republican form of government guaranteed — Each State 
to be protected. 23. 

Article V. 

Constitution, how amended — Proviso. 23. 

Article VI. 

Certain debts, &c, adopted — Supremacy of Constitution, treaties, 
and laws of the United States — Oath to support Constitution, by whom 
taken — No religious test. 24. 

Article VII. 

Ratification necessary to establish Constitution. 24. 

Amendments. 

I. — Religious establishment prohibited — Freedom of speech, 

of the press, and the right to petition. 25. 
II. — Right to keep and bear arms. 25. 

III. — No soldier to be quartered in any house, unless, &c. 25. 

IV. — Right of search and seizure regulated. 25. 

V. — Provisions concerning prosecutions, trials, and punishments 
— Private property not to be taken for public use, without, 
&c. 25. 
VI. — Further provisions respecting criminal prosecutions. 25. 
VII. — Right of trial by jury secured. 26. 
VIII. — Bail, fines, and punishments. 26. 
IX. — Rule of construction. 26. 
X. — Same subject. 26. 
XI. — Same subject. 26. 
XII. — Manner of choosing President and Vice-President. 26, 27. 

XIII. — Slavery abolished. 27. 

XIV. — Citizenship defined — Apportionment of representatives — 

Persons engaged in rebellion excluded from office — Debts 
of United States, and of States contracted during the 
rebellion. 27, 28. 
XV. — Right of citizenship not to be abridged. 28. 



14 



Constitution of the United States. 



XVI. — Congress may tax incomes without apportionment or regard 

to census. 28. 
XVII. — Senators, number, term, qualifications of electors, filling of 

vacancies. 28, 29. 
XVIII. — Manufacture, sale, transportation and exportation of 
intoxicating liquors for beverage purposes prohibited. 29. 
XIX. — Right to vote not to be denied or abridged on account of 

sex. 29. 
XX. — Terms of President, Vice-President, Senators and Repre- 
sentatives — Time for assembling of Congress — Filling 
of vacancy in case of failure of President-elect to qualify, 
through death or otherwise. 29, 30. 
XXI. — Art. XVIII repealed. Interstate transportation of intoxi- 
cating liquors regulated. 30. 
XXII. — President, election limited to two terms. 30, 3 1 . 

XXIII. — District of Columbia, Presidential electors. 31. 

XXIV. — Elimination of poll tax as prerequisite to right to vote. 3 1 . 
XXV. — Vice President, becomes President upon death or 

resignation of President. 31, 32. 
XXVI. — Eighteen years of age, — right to vote not to be denied or 

abridged. 32. 
XXVII. — Compensation of Members of Congress. 32. 

We the people of the United States, in order to form a more perfect 
union, establish justice, insure domestic tranquility, provide for the 
common defence, promote the general welfare, and secure the blessings 
of liberty to ourselves and our posterity, do ordain and establish this 
Constitution for the United States of America. 

Article I. 
Section 1. All legislative powers herein granted shall be vested in a 
congress of the United States, which shall consist of a senate and house 
of representatives. 



Sect. 2. The house of representatives shall be composed of members 
chosen every second year by the people of the several states, and the 
electors in each state shall have the qualifications requisite for electors of 
the most numerous branch of the state legislature. 

No person shall be a representative who shall not have attained to the 
age of twenty-five years, and been seven years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that state in 
which he shall be chosen. 



Constitution of the United States. 15 



*Representatives and direct taxes shall be apportioned among the 
several states which may be included within this Union, according to 
their respective numbers, which shall be determined by adding to the 
whole number of free persons, including those bound to service for a 
term of years, and excluding Indians not taxed, three-fifths of all other 
persons. The actual enumeration shall be made within three years after 
the first meeting of the congress of the United States, and within every 
subsequent term of ten years, in such manner as they shall by law direct. 
The number of representatives shall not exceed one for every thirty 
thousand, but each state shall have at least one representative; and until 
such enumeration shall be made, the state of New Hampshire shall be 
entitled to choose three, Massachusetts eight, Rhode Island and 
Providence Plantations one, Connecticut five, New York six, New Jersey 
four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, 
North Carolina five. South Carolina five, and Georgia three. 

When vacancies happen in the representation from any state, the 
executive authority thereof shall issue writs of election to fill such 
vacancies. 

The house of representatives shall choose their speaker and other 
officers; and shall have the sole power of impeachment. 

Sect. 3. t[The senate of the United States shall be composed of two 
senators from each state, chosen by the legislature thereof, for six years; 
and each senator shall have one vote.] 

Immediately after they shall be assembled in consequence of the first 
election, they shall be divided as equally as may be into three classes. 
The seats of the senators of the first class shall be vacated at the 
expiration of the second year, of the second class at the expiration of the 
fourth year, and of the third class at the expiration of the sixth year, so 
that one-third may be chosen every second year; t[and if vacancies 
happen by resignation, or otherwise, during the recess of the legislature 
of any state, the executive thereof may make temporary appointments 
until the next meeting of the legislature, which shall then fill such 
vacancies]. 

No person shall be a senator who shall not have attained to the age of 
thirty years, and been nine years a citizen of the United States, and who 
shall not, when elected, be an inhabitant of that state for which he shall 
be chosen. 



*See Section 2 of Fourteenth Amendment. 
tSee Seventeenth Amendment. 



16 Constitution of the United States. 



The vice-president of the United States shall be president of the 
senate, but shall have no vote, unless they be equally divided. 

The senate shall choose their other officers, and also a president pro 
tempore, in the absence of the vice-president, or when he shall exercise 
the office of president of the United States. 

The senate shall have the sole power to try all impeachments. When 
sitting for that purpose, they shall be on oath or affirmation. When the 
president of the United States is tried, the chief justice shall preside: and 
no person shall be convicted without the concurrence of two-thirds of the 
members present. 

Judgment in cases of impeachment shall not extend further than to 
removal from office, and disqualification to hold and enjoy any office of 
honor, trust or profit under the United States: but the party convicted 
shall nevertheless be liable and subject to indictment, trial, judgment and 
punishment, according to law. 

Sect. 4. The times, places and manner of holding elections for 
senators and representatives, shall be prescribed in each state by the 
legislature thereof; but the congress may at any time by law make or 
alter such regulations, except as to the places of choosing senators. 

*[The congress shall assemble at least once in every year, and such 
meeting shall be on the first Monday in December, unless they shall by 
law appoint a different day.] 

Sect. 5. Each house shall be the judge of the elections, returns and 
qualifications of its own members, and a majority of each shall constitute 
a quorum to do business; but a smaller number may adjourn from day to 
day, and may be authorized to compel the attendance of absent members, 
in such manner, and under such penalties as each house may provide. 

Each house may determine the rules of its proceedings, punish its 
members for disorderly behavior, and, with the concurrence of two- 
thirds, expel a member. 

Each house shall keep a journal of its proceedings, and from time to 
time publish the same, excepting such parts as may in their judgment 
require secrecy; and the yeas and nays of the members of either house on 
any question shall, at the desire of one-fifth of those present, be entered 
on the journal. 

Neither house, during the session of congress, shall, without the 
consent of the other, adjourn for more than three days, nor to any other 
place than that in which the two houses shall be sitting. 



k See Twentieth Amendment. 



Constitution of the United States. 17 



Sect. 6. The senators and representatives shall receive a compen- 
sation for their services, to be ascertained by law, and paid out of the 
treasury of the United States. They shall in all cases, except treason, 
felony and breach of the peace, be privileged from arrest during their 
attendance at the session of their respective houses, and in going to and 
returning from the same; and for any speech or debate in either house, 
they shall not be questioned in any other place. 

No senator or representative shall, during the time for which he was 
elected, be appointed to any civil office under the authority of the United 
States, which shall have been created, or the emoluments whereof shall 
have been increased during such time; and no person holding any office 
under the United States, shall be a member of either house during his 
continuance in office. 

Sect. 7. All bills for raising revenue shall originate in the house of 
representatives; but the senate may propose or concur with amendments 
as on other bills. 

Every bill which shall have passed the house of representatives and 
the senate, shall, before it become a law, be presented to the president of 
the United States; 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 the objections, to the 
other house, by which it shall likewise be reconsidered, and if approved 
by two-thirds of that house, it shall become a law. But in all such cases 
the votes of both houses shall be determined by yeas and nays, and the 
names of the persons voting for and against the bill shall be entered on 
the journal of each house respectively. If any bill shall not be returned by 
the president within ten days (Sundays excepted) 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 congress by their adjournment prevent its return, in 
which case it shall not be a law. 

Every order, resolution, or vote to which the concurrence of the 
senate and house of representatives may be necessary (except on a 
question of adjournment) shall be presented to the president of the 
United States; and before the same shall take effect, shall be approved by 
him, or being disapproved by him, shall be repassed by two-thirds of the 
senate and house of representatives, according to the rules and 
limitations prescribed in the case of a bill. 

Sect. 8. The congress shall have power — to lay and collect taxes, 
duties, imposts and excises, to pay the debts and provide for the common 



Constitution of the United States. 



defence and general welfare of the United States; but all duties, imposts 
and excises shall be uniform throughout the United States; — to borrow 
money on the credit of the United States; — to regulate commerce with 
foreign nations, and among the several states, and with the Indian tribes; — 
to establish an uniform rule of naturalization, and uniform laws on the 
subject of bankruptcies throughout the United States; — to coin money, 
regulate the value thereof, and of foreign coin, and fix the standard of 
weights and measures; — to provide for the punishment of counterfeiting 
the securities and current coin of the United States; — to establish post 
offices and post roads; — to promote the progress of science and useful 
arts, by securing for limited times to authors and inventors the exclusive 
right to their respective writings and discoveries; — to constitute 
tribunals inferior to the supreme court; — to define and punish piracies 
and felonies committed on the high seas, and offences against the law of 
nations; — to declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water; — to raise and support 
armies, but no appropriation of money to that use shall be for a longer 
term than two years; — to provide and maintain a navy; — to make rules 
for the government and regulation of the land and naval forces; — to 
provide for calling forth the militia to execute the laws of the Union, 
suppress insurrections, and repel invasions; — to provide for organizing, 
arming, and disciplining the militia, and for governing such part of them 
as may be employed in the service of the United States, reserving to the 
states respectively, the appointment of the officers, and the authority of 
training the militia according to the discipline prescribed by congress; — 
to exercise exclusive legislation in all cases whatsoever, over such 
district (not exceeding ten miles square) as may, by cession of particular 
states, and the acceptance of congress, become the seat of the 
government of the United States, and to exercise like authority over all 
places purchased by the consent of the legislature of the state in which 
the same shall be, for the erection of forts, magazines, arsenals, dock 
yards, and other needful buildings; — and to make all laws which shall 
be necessary and proper for carrying into execution the foregoing 
powers, and all other powers vested by this constitution in the govern- 
ment of the United States, or in any department or officer thereof. 

Sect. 9. The migration or importation of such persons as any of the 
states now existing shall think proper to admit, shall not be prohibited by 
the congress prior to the year one thousand eight hundred and eight, but 
a tax or duty may be imposed on such importation, not exceeding ten 
dollars for each person. 

The privilege of the writ of habeas corpus shall not be suspended, 
unless when in cases of rebellion or invasion the public safety may 
require it. 



Constitution of the United States. 19 



No bill of attainder or ex post facto law shall be passed. 

No capitation, or other direct tax, shall be laid, unless in proportion 
to the census or enumeration hereinbefore directed to be taken. 

No tax or duty shall be laid on articles exported from any state. 

No preference shall be given by any regulation of commerce or 
revenue to the ports of one state over those of another; nor shall vessels 
bound to, or from, one state, be obliged to enter, clear or pay duties in 
another. 

No money shall be drawn from the treasury, but in consequence of 
appropriations made by law; and a regular statement and account of the 
receipts and expenditures of all public money shall be published from 
time to time. 

No title of nobility shall be granted by the United States; and no 
person holding any office of profit or trust under them shall, without the 
consent of the congress, accept of any present, emolument, office or title, 
of any kind whatever, from any king, prince, or foreign state. 

Sect. 10. No state shall enter into any treaty, alliance, or confeder- 
ation; grant letters of marque and reprisal; coin money; emit bills of 
credit; make any thing but gold and silver coin a tender in payment of 
debts; pass any bill of attainder, ex post facto law, or law impairing the 
obligation of contracts, or grant any title of nobility. No state shall, 
without the consent of the congress, lay any imposts or duties on imports 
or exports, except what may be absolutely necessary for executing its 
inspection laws: and the net produce of all duties and imposts, laid by 
any state on imports or exports, shall be for the use of the treasury of the 
United States; and all such laws shall be subject to the revision and 
control of the congress. No state shall, without the consent of congress, 
lay any duty of tonnage, keep troops, or ships of war in time of peace, 
enter into any agreement or compact with another state, or with a foreign 
power, or engage in war, unless actually invaded, or in such imminent 
danger as will not admit of delay. 



Article II. 

Section 1 . The executive power shall be vested in a President of the 
United States of America. He shall hold his office during the term of 
four years, and, together with the vice-president, chosen for the same 
term, be elected, as follows: — 

Each state shall appoint, in such manner as the legislature thereof 
may direct, a number of electors, equal to the whole number of senators 



20 Constitution of the United States. 



and representatives to which the state may be entitled in the congress; 
but no senator or representative, or person holding an office of trust or 
profit under the United States, shall be appointed an elector. 

*[The electors shall meet in their respective states, and vote by ballot 
for two persons, of whom one at least shall not be an inhabitant of the 
same state with themselves. And they shall make a list of all the persons 
voted for, and of the number of votes for each; which list they shall sign 
and certify, and transmit sealed to the seat of the government of the 
United States, directed to the president of the senate. The president of the 
senate shall, in the presence of the senate and house of representatives, 
open all the certificates, and the votes shall then be counted. The person 
having the greatest number of votes shall be the president, if such 
number be a majority of the whole number of electors appointed; and if 
there be more than one who have such majority, and have an equal 
number of votes, then the house of representatives shall immediately 
choose by ballot one of them for president; and if no person have a 
majority, then from the five highest on the list the said house shall in like 
manner choose the president. But in choosing the president, the votes 
shall be taken by states, the representation from each state having one 
vote; a quorum for this purpose shall consist of a member or members 
from two-thirds of the states, and a majority of all the states shall be 
necessary to a choice. In every case, after the choice of the president, the 
person having the greatest number of votes of the electors shall be the 
vice-president. But if there should remain two or more who have equal 
votes, the senate shall choose from them by ballot the vice-president.] 

The congress may determine the time of choosing the electors, and 
the day on which they shall give their votes; which day shall be the same 
throughout the United States. 

No person except a natural born citizen, or a citizen of the United 
States, at the time of the adoption of this constitution, shall be eligible to 
the office of president; neither shall any person be eligible to that office 
who shall not have attained to the age of thirty-five years, and been 
fourteen years a resident within the United States. 

In case of the removal of the president from office, or of his death, 
resignation or inability to discharge the powers and duties of the said office, 
the same shall devolve on the vice-president, and the congress may by law 
provide for the case of removal, death, resignation, or inability, both of 
the president and vice-president, declaring what officer shall then act as 
president, and such officer shall act accordingly, until the disability be 
removed, or a president shall be elected. 



"See Twelfth Amendment. 



Constitution of the United States. 21 



The president shall, at stated times, receive for his services, a com- 
pensation, which shall neither be increased nor diminished during the 
period for which he shall have been elected, and he shall not receive 
within that period any other emolument from the United States, or any 
of them. 

Before he enter on the execution of his office, he shall take the 
following oath or affirmation: — 

"I do solemnly swear (or affirm) that I will faithfully execute the 
office of president of the United States, and will to the best of my ability, 
preserve, protect and defend the constitution of the United States." 

Sect. 2. The president shall be commander-in-chief of the army and 
navy of the United States, and of the militia of the several states, when 
called into the actual service of the United States; he may require the 
opinion, in writing, of the principal officer in each of the executive 
departments, upon any subject relating to the duties of their respective 
offices, and he shall have power to grant reprieves and pardons for 
offences against the United States, except in cases of impeachment. 

He shall have power, by and with the advice and consent of the 
senate, to make treaties, provided two-thirds of the senators present 
concur; and he shall nominate, and by and with the advice and consent of 
the senate, shall appoint ambassadors, other public ministers and 
consuls, judges of the supreme court, and all other officers of the United 
States, whose appointments are not herein otherwise provided for, and 
which shall be established by law: but the congress may by law vest the 
appointment of such inferior officers, as they think proper, in the 
president alone, in the courts of law, or in the heads of departments. 

The president shall have power to fill up all vacancies that may 
happen during the recess of the senate, by granting commissions which 
shall expire at the end of their next session. 

Sect. 3. He shall from time to time give to the congress information 
of the state of the Union, and recommend to their consideration such 
measures as he shall judge necessary and expedient; he may, on 
extraordinary occasions, convene both houses, or either of them, and in 
case of disagreement between them, with respect to the time of 
adjournment, he may adjourn them to such time as he shall think proper; 
he shall receive ambassadors and other public ministers; he shall take 
care that the laws be faithfully executed, and shall commission all the 
officers of the United States. 

Sect. 4. The president, vice-president, and all civil officers of the 
United States, shall be removed from office on impeachment for, and 
conviction of, treason, bribery, or other high crimes and misdemeanors. 



22 Constitution of the United States. 



Article III. 

Section 1. The judicial power of the United States shall be vested in 
one supreme court, and in such inferior courts as the congress may from 
time to time ordain and establish. The judges, both of the supreme and 
inferior courts, shall hold their offices during good behavior, and shall, at 
stated times, receive for their services, a compensation, which shall not 
be diminished during their continuance in office. 

Sect. 2. The judicial power shall extend to all cases, in law and 
equity, arising under this constitution, the laws of the United States, and 
treaties made, or which shall be made, under their authority; — to all 
cases affecting ambassadors, other public ministers, and consuls; — to 
all cases of admiralty and maritime jurisdiction; — to controversies to 
which the United States shall be a party; — to controversies between two 
or more states; — between a state and citizens of another state; — 
between citizens of different states; — between citizens of the same state 
claiming lands under grants of different states, and between a state, or 
the citizens thereof, and foreign states, citizens or subjects. 

In all cases affecting ambassadors, other public ministers and consuls, 
and those in which a state shall be a party, the supreme court shall have 
original jurisdiction. In all the other cases before mentioned, the supreme 
court shall have appellate jurisdiction, both as to law and fact, with such 
exceptions, and under such regulations as the congress shall make. 

The trial of all crimes, except in cases of impeachment, shall be by 
jury; and such trial shall be held in the state where the said crimes shall 
have been committed; but when not committed within any state, the trial 
shall be at such place or places as the congress may by law have directed. 

Sect. 3. Treason against the United States, shall consist only in 
levying war against them, or in adhering to their enemies, giving them 
aid and comfort. No persons shall be convicted of treason unless on the 
testimony of two witnesses to the same overt act, or on confession in 
open court. 

The congress shall have power to declare the punishment of treason, 
but no attainder of treason shall work corruption of blood, or forfeiture 
except during the life of the person attainted. 

Article IV. 

Section 1. Full faith and credit shall be given in each state to the 
public acts, records, and judicial proceedings of every other state. And 
the congress may by general laws prescribe the manner in which such 
acts, records and proceedings shall be proved, and the effect thereof. 



Constitution of the United States. 23 



Sect. 2. The citizens of each state shall be entitled to all privileges 
and immunities of citizens in the several states. 

A person charged in any state with treason, felony, or other crime, 
who shall flee from justice, and be found in another state, shall, on 
demand of the executive authority of the state from which he fled, be 
delivered up to be removed to the state having jurisdiction of the crime. 

No person held to service or labor in one state, under the laws 
thereof, escaping into another, shall, in consequence of any law or 
regulation therein, be discharged from such service or labor, but shall be 
delivered up on claim of the party to whom such service or labor may 
be due. 

Sect. 3. New states may be admitted by the congress into this Union; 
but no new state shall be formed or erected within the jurisdiction of any 
other state; nor any state be formed by the junction of two or more states, 
or parts of states, without the consent of the legislatures of the states 
concerned as well as of the congress. 

The congress shall have power to dispose of and make all needful 
rules and regulations respecting the territory or other property belonging 
to the United States; and nothing in this constitution shall be so 
construed as to prejudice any claims of the United States or of any 
particular state. 

Sect. 4. The United States shall guarantee to every state in this 
Union a republican form of government, and shall protect each of them 
against invasion, and on application of the legislature, or of the executive 
(when the legislature cannot be convened) against domestic violence. 

Article V. 

The congress, whenever two-thirds of both houses shall deem it 
necessary, shall propose amendments to this constitution, or, on the 
application of the legislatures of two-thirds of the several states, shall 
call a convention for proposing amendments, which, in either case, shall 
be valid to all intents and purposes, as part of this constitution, when 
ratified by the legislatures of three-fourths of the several states, or by 
conventions in three-fourths thereof, as the one or the other mode of 
ratification may be proposed by congress; provided that no amendment 
which may be made prior to the year one thousand eight hundred and 
eight shall in any manner affect the first and fourth clauses in the ninth 
section of the first article; and that no state, without its consent, shall be 
deprived of its equal suffrage in the senate. 



24 Constitution of the United States. 



Article VI. 

All debts contracted and engagements entered into before the 
adoption of this constitution, shall be as valid against the United States 
under this constitution, as under the confederation. 

This constitution, and the laws of the United States which shall be 
made in pursuance thereof; and all treaties made, or which shall be made, 
under the authority of the United States, shall be the supreme law of the 
land; and the judges in every state shall be bound thereby, any thing in 
the constitution or laws of any state to the contrary notwithstanding. 

The senators and representatives before mentioned, and the members 
of the several state legislatures, and all executive and judicial officers, 
both of the United States and of the several states, shall be bound by oath 
or affirmation, to support this constitution; but no religious test shall 
ever be required as a qualification to any office or public trust under the 
United States. 

Article VII. 

The ratification of the conventions of nine states, shall be sufficient 
for the establishment of this constitution between the states so ratifying 
the same. 



Constitution of the United States. 25 



ARTICLES 
IN ADDITION TO, AND AMENDMENT OF, 

The Constitution of the United States of America, proposed by congress, 
and ratified by the legislatures of the several states, pursuant to the 
fifth article of the original constitution. 

Article I. Congress shall make no law respecting an establishment 
of religion, or prohibiting the free exercise thereof; or abridging the 
freedom of speech, or of the press; or the right of the people peaceably to 
assemble, and to petition the government for a redress of grievances. 

Art. II. A well regulated militia, being necessary to the security of a 
free state, the right of the people to keep and bear arms shall not be 
infringed. 

Art. III. No soldier shall, in time of peace, be quartered in any 
house, without the consent of the owner, nor in time of war, but in a 
manner to be prescribed by law. 

Art. IV. The right of the people to be secure in their persons, 
houses, papers and effects, against unreasonable searches and seizures, 
shall not be violated, and no warrants shall issue, but upon probable 
cause, supported by oath or affirmation, and particularly describing the 
place to be searched, and the persons or things to be seized. 

Art. V. No person shall be held to answer for a capital, or otherwise 
infamous crime, unless on a presentment or indictment of a grand jury, 
except in cases arising in the land or naval forces, or in the militia, when 
in actual service in time of war or public danger; nor shall any person be 
subject for the same offence to be twice put in jeopardy of life or limb; 
nor shall be compelled in any criminal case to be a witness against 
himself, nor be deprived of life, liberty or property, without due process 
of law; nor shall private property be taken for public use, without just 
compensation. 

Art. VI. In all criminal prosecutions, the accused shall enjoy the 
right to a speedy and public trial, by an impartial jury of the state and 
district wherein the crime shall have been committed, which district shall 
have been previously ascertained by law, and to be informed of the 
nature and cause of the accusation; to be confronted with the witnesses 
against him; to have compulsory process for obtaining witnesses in his 
favor, and to have the assistance of counsel for his defence. 



26 Constitution of the United States. 



Art. VII. In suits at common law, where the value in controversy 
shall exceed twenty dollars, the right of trial by jury shall be preserved, 
and no fact tried by a jury shall be otherwise re-examined in any court of 
the United States, than according to the rules of the common law. 

Art. VIII. Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted. 

Art. IX. The enumeration in the constitution, of certain rights, shall 
not be construed to deny or disparage others retained by the people. 

Art. X. The powers not delegated to the United States by the 
constitution, nor prohibited by it to the states, are reserved to the states 
respectively, or to the people. 

Art. XI. The judicial power of the United States shall not be 
construed to extend to any suit in law or equity, commenced or 
prosecuted against one of the United States by citizens of another state, 
or by citizens or subjects of any foreign state. 

Art. XII. The electors shall meet in their respective states, and vote 
by ballot for president and vice-president, one of whom, at least, shall 
not be an inhabitant of the same state with themselves; they shall name 
in their ballots the person voted for as president, and in distinct ballots 
the person voted for as vice-president, and they shall make distinct lists 
of all persons voted for as president, and of all persons voted for as vice- 
president, and of the number of votes for each, which lists they shall sign 
and certify, and transmit sealed to the seat of the government of the 
United States, directed to the president of the senate; — the president of 
the senate shall, in presence of the senate and house of representatives, 
open all the certificates and the votes shall then be counted; — the 
person having the greatest number of votes for president, shall be the 
president, if such number be a majority of the whole number of electors 
appointed; and if no person have such majority, then from the persons 
having the highest numbers not exceeding three on the list of those voted 
for as president, the house of representatives shall choose immediately, 
by ballot, the president. But in choosing the president, the votes shall be 
taken by states, the representation from each state having one vote; a 
quorum for this purpose shall consist of a member or members from two- 
thirds of the states, and a majority of all the states shall be necessary to a 
choice. And if the house of representatives shall not choose a president 
whenever the right of choice shall devolve upon them, before the fourth 
day of March next following, then the vice-president shall act as 



Constitution of the United States. 27 



president, as in the case of the death or other constitutional disability of 
the president. 

The person having the greatest number of votes as vice-president, 
shall be the vice-president, if such number be a majority of the whole 
number of electors, appointed, and if no person have a majority, then 
from the two highest numbers on the list, the senate shall choose the 
vice-president; a quorum for the purpose shall consist of two-thirds of 
the whole number of senators, and a majority of the whole number shall 
be necessary to a choice. 

But no person constitutionally ineligible to the office of president 
shall be eligible to that of vice-president of the United States. 

Art. XIII. Sect. 1. Neither slavery nor involuntary servitude, 
except as a punishment for crime whereof the party shall have been duly 
convicted, shall exist within the United States or any place subject to 
their jurisdiction. 

Sect. 2. Congress shall have power to enforce this article by appro- 
priate legislation. 

Art. XIV. SECt. 1. All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are citizens of the United 
States and of the state wherein they reside. No state shall make or 
enforce any law which shall abridge the privileges or immunities of 
citizens of the United States; nor shall any state deprive any person of 
life, liberty or property, without due process of law, nor deny to any 
person within its jurisdiction the equal protection of the laws. 

Sect. 2. Representatives shall be apportioned among the several 
states according to their respective numbers, counting the whole number 
of persons in each state, excluding Indians not taxed. But when the right 
to vote at any election for the choice of electors for president and vice- 
president of the United States, representatives in congress, the executive 
and judicial officers of a state, or the members of the legislature thereof, 
is denied to any of the male inhabitants of such state, being twenty-one 
years of age, and citizens of the United States, or in any way abridged, 
except for participation in rebellion or other crime, the basis of 
representation therein shall be reduced in the proportion which the 
number of such male citizens shall bear to the whole number of male 
citizens twenty-one years of age in such state. 

Sect. 3. No person shall be a senator, or representative in congress, 
or elector of president and vice-president, or hold any office, civil or 



28 Constitution of the United States. 



military, under the United States, or under any state, who, having 
previously taken an oath, as a member of congress, or as an officer of the 
United States, or as a member of any state legislature, or as an executive 
or judicial officer of any state, to support the constitution of the United 
States, shall have engaged in insurrection or rebellion against the same, 
or given aid or comfort to the enemies thereof. But congress may, by a 
vote of two-thirds of each house, remove such disability. 

Sect. 4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of pensions and 
bounties for services in suppressing insurrection or rebellion, shall not be 
questioned. 

But neither the United States, nor any state, shall assume or pay any 
debt or obligation incurred in aid of insurrection or rebellion against the 
United States, or any claim for the loss or emancipation of any slave; but 
all such debts, obligations and claims shall be held illegal and void. 

Sect. 5. The congress shall have power to enforce, by appropriate 
legislation, the provisions of this article. 

Art. XV. Sect. 1. The right of citizens of the United States to vote 
shall not be denied or abridged by the United States, or by any state, on 
account of race, color, or previous condition of servitude. 

Sect. 2. The congress shall have power to enforce this article by 
appropriate legislation. 

Art. XVI. The congress shall have power to lay and collect taxes on 
incomes, from whatever source derived, without apportionment among 
the several states, and without regard to any census or enumeration. 

Art. XVII.* The senate of the United States shall be composed of 
two senators from each state, elected by the people thereof, for six years; 
and each senator shall have one vote. The electors in each state shall 
have the qualifications requisite for electors of the most numerous 
branch of the state legislatures. 

When vacancies happen in the representation of any state in the 
senate, the executive authority of such state shall issue writs of election 
to fill such vacancies: provided, that the legislature of any state may 



* "In lieu of the first paragraph of section three of article I of the constitution of 
the United States, and in lieu of so much of paragraph two of the same section as 
relates to the filling of vacancies." 



Constitution of the United States. 29 



empower the executive thereof to make temporary appointment until the 
people fill the vacancies by election as the legislature may direct. 

This amendment shall not be so construed as to affect the election or 
term of any senator chosen before it becomes valid as part of the 
constitution. 

t[ART. XVIII. Sect. 1. After one year from the ratification of this 
article the manufacture, sale, or transportation of intoxicating liquors 
within, the importation thereof into, or the exportation thereof from the 
United States and all territory subject to the jurisdiction thereof for 
beverage purposes is hereby prohibited. 

Sect. 2. The Congress and the several States shall have concurrent 
power to enforce this article by appropriate legislation. 

Sect. 3. This article shall be inoperative unless it shall have been 
ratified as an amendment to the Constitution by the legislatures of the 
several States, as provided in the Constitution, within seven years from 
the date of the submission hereof to the States by the Congress.] 

Art. XIX. The right of citizens of the United States to vote shall not 
be denied or abridged by the United States or by any State on account of 
sex. 

Congress shall have power to enforce this article by appropriate 
legislation. 

Art. XX. Sect. 1. The terms of the President and Vice President 
shall end at noon on the 20th day of January, and the terms of Senators 
and Representatives at noon on the 3d day of January, of the years in 
which such terms would have ended if this article had not been ratified; 
and the terms of their successors shall then begin. 

Sect. 2. *The Congress shall assemble at least once in every year, 
and such meeting shall begin at noon on the 3d day of January, unless 
they shall by law appoint a different day. 

Sect. 3. If, at the time fixed for the beginning of the term of the 
President, the President elect shall have died, the Vice President elect 
shall become President. If a President shall not have been chosen before 



t Repealed. See Twenty-first Amendment. 

* "In lieu of the second paragraph of section 4 of article I of the constitution of 
the United States." 



30 Constitution of the United States. 



the time fixed for the beginning of his term, or if the President elect shall 
have failed to qualify, then the Vice President elect shall act as President 
until a President shall have qualified; and the Congress may by law 
provide for the case wherein neither a President elect nor a Vice 
President elect shall have qualified, declaring who shall then act as 
President, or the manner in which one who is to act shall be selected, and 
such persons shall act accordingly until a President or Vice President 
shall have qualified. 

Sect. 4. The Congress may by law provide for the case of the death 
of any of the persons from whom the House of Representatives may 
choose a President whenever the right of choice shall have devolved 
upon them, and for the case of the death of any of the persons from 
whom the Senate may choose a Vice President whenever the right of 
choice shall have devolved upon them. 

Sect. 5. Sections 1 and 2 shall take effect on the 15th day of 
October following the ratification of this article. 

Sect. 6. This article shall be inoperative unless it shall have been 
ratified as an amendment to the Constitution by the legislatures of three- 
fourths of the several States within seven years from the date of its 
submission. 

Art. XXI. Sect. 1. The eighteenth article of amendment to the 
Constitution of the United States is hereby repealed. 

Sect. 2. The transportation or importation into any State, Territory, 
or possession of the United States for delivery or use therein of 
intoxicating liquors, in violation of the laws thereof, is hereby 
prohibited. 

Sect. 3. This article shall be inoperative unless it shall have been 
ratified as an amendment to the Constitution by conventions in the 
several States, as provided in the Constitution, within seven years from 
the date of the submission hereof to the States by the Congress. 

Art. XXII. Sect. 1. No person shall be elected to the office of the 
President more than twice, and no person who has held the office of 
President, or acted as President, for more than two years of a term to 
which some other person was elected President shall be elected to the 
office of the President more than once. But this Article shall not apply to 



Constitution of the United States. 31 



any person holding the office of President when this Article was 
proposed by the Congress, and shall not prevent any person who may be 
holding the office of President, or acting as President, during the term 
within which this Article becomes operative from holding the office of 
President or acting as President during the remainder of such term. 

Sect. 2. This article shall be inoperative unless it shall have been 
ratified as an amendment to the Constitution by the legislatures of three- 
fourths of the several States within seven years from the date of its 
submission to the States by the Congress. 

Art. XXIII. Sect. 1. The District constituting the seat of Govern- 
ment of the United States shall appoint in such manner as the Congress 
may direct: 

A number of electors of President and Vice President equal to the 
whole number of Senators and Representatives in Congress to which 
the District would be entitled if it were a State, but in no event more than 
the least populous State; they shall be in addition to those appointed 
by the States, but they shall be considered, for the purposes of the 
election of President and Vice President, to be electors appointed by a 
State; and they shall meet in the District and perform such duties as 
provided by the twelfth article of amendment. 

Sect. 2. The Congress shall have power to enforce this article by 
appropriate legislation. 

Art. XXIV. Sect. 1. The right of citizens of the United States to 
vote in any primary or other election for President or Vice President, for 
electors for President or Vice President, or for Senator or Representative 
in Congress, shall not be denied or abridged by the United States or any 
State by reason of failure to pay any poll tax or other tax. 

Sect. 2. The Congress shall have power to enforce this article by 
appropriate legislation. 

Art. XXV. Sect. 1. In case of the removal of the President from 
office or of his death or resignation, the Vice President shall become 
President. 

Sect. 2. Whenever there is a vacancy in the office of the Vice 
President, the President shall nominate a Vice President who shall take 
office upon confirmation by a majority vote of both Houses of Congress. 



32 Constitution of the United States. 



Sect. 3. Whenever the President transmits to the President pro 
tempore of the Senate and the Speaker of the House of Representatives 
his written declaration that he is unable to discharge the powers and 
duties of his office, and until he transmits to them a written declaration 
to the contrary, such powers and duties shall be discharged by the Vice 
President as Acting President. 

Sect. 4. Whenever the Vice President and a majority of either the 
principal officers of the executive departments or of such other body as 
Congress may by law provide, transmit to the President pro tempore of 
the Senate and the Speaker of the House of Representatives their written 
declaration that the President is unable to discharge the powers and 
duties of his office, the Vice President shall immediately assume the 
powers and duties of the office as Acting President. 

Thereafter, when the President transmits to the President pro 
tempore of the Senate and the Speaker of the House of Representatives 
his written declaration that no inability exists, he shall resume the 
powers and duties of his office unless the Vice President and a majority 
of either the principal officers of the executive department or of such 
other body as Congress may by law provide, transmit within four days to 
the President pro tempore of the Senate and the Speaker of the House of 
Representatives their written declaration that the President is unable to 
discharge the powers and duties of his office. Thereupon Congress shall 
decide the issue, assembling within forty-eight hours for that purpose if 
not in session. If the Congress, within twenty-one days after receipt of 
the latter written declaration, or, if Congress is not in session, within 
twenty-one days after Congress is required to assemble, determines by 
two-thirds vote of both Houses that the President is unable to discharge 
the powers and duties of his office, the Vice President shall continue to 
discharge the same as Acting President; otherwise, the President shall 
resume the powers and duties of his office. 

Art. XXVI. Sect. 1. The right of citizens of the United States, who 
are eighteen years of age or older, to vote shall not be denied or abridged 
by the United States or by any State on account of age. 

Sect. 2. The Congress shall have the power to enforce this article by 
appropriate legislation. 

Art. XXVII. No law, varying the compensation for the services of 
the Senators and Representatives, shall take effect, until an election of 
Representatives shall have intervened. 

[Note: The constitution was adopted September 17, 1787, by the 
unanimous consent of the states present in the convention appointed in 



Constitution of the United States. 33 



pursuance of the resolution of the congress of the confederation of 
February 21, 1787, and was ratified by the conventions of the several 
states, as follows: viz.: By convention of Delaware, December 7, 1787; 
Pennsylvania, December 12, 1787; New Jersey, December 18, 1787; 
Georgia, January 2, 1788; Connecticut, January 9, 1788; Massachusetts, 
February 6, 1788; Maryland, April 28, 1788; South Carolina, May 23, 
1788; New Hampshire, June 21, 1788; Virginia, June 26, 1788; New 
York, July 26, 1788; North Carolina, November 21, 1789; Rhode Island, 
May 29, 1790. 

The first ten amendments were proposed to the legislatures of the 
several states at the first session of the first congress of the United 
States, September 25, 1789, and were finally ratified by the consti- 
tutional number of states on December 15, 1791. Subsequently they were 
ratified by Massachusetts on March 2, 1939. 

The eleventh amendment was proposed to the legislatures of the 
several states at the first session of the third congress, March 5, 1794, 
and was declared in a message from the President of the United States to 
both houses of congress, dated January 8, 1798, to have been adopted by 
the legislatures of three-fourths of the states. 

The twelfth amendment was proposed to the legislatures of the 
several states at the first session of the eighth congress, December 12. 

1803, and was ratified by the legislatures of three-fourths of the states in 

1804, according to a public notice thereof by the secretary of state, dated 
September 25 of the same year. 

The thirteenth amendment was proposed to the legislatures of the 
several states by the thirty-eighth congress on February 1, 1865, and was 
declared, in a proclamation of the secretary of state, dated December 18, 
1865, to have been ratified by the legislatures of three-fourths of the 
states. 

The fourteenth amendment was proposed to the legislatures of the 
several states by the thirty-ninth congress, on June 16, 1866. 

On July 20, 1 868, the secretary of state of the United States issued 
his certificate, setting out that it appeared by official documents on file 
in the department of state that said amendment had been ratified by the 
legislatures of the states of Connecticut, New Hampshire, Tennessee, 
New Jersey, Oregon, Vermont, New York, Ohio, Illinois, West Virginia, 
Kansas, Maine, Nevada, Missouri, Indiana, Minnesota, Rhode Island, 
Wisconsin, Pennsylvania, Michigan, Massachusetts, Nebraska and Iowa, 
and by newly established bodies avowing themselves to be and acting as 
the legislatures of the states of Arkansas, Florida, North Carolina, 
Louisiana, South Carolina and Alabama; that the legislatures of Ohio 
and New Jersey had since passed resolutions withdrawing the consent of 
those states to said amendment; that the whole number of states in the 
United States was thirty-seven, that the twenty-three states first above 



34 Constitution of the United States. 



named and the six states next above named together, constituted three- 
fourths of the whole number of states, and certifying that if the 
resolutions of Ohio and New Jersey, ratifying said amendment were still 
in force, notwithstanding their subsequent resolutions, then said amend- 
ment had been ratified and so become valid as part of the constitution. 

On July 21, 1868, congress passed a resolution reciting that the 
amendment had been ratified by Connecticut, Tennessee, New Jersey, 
Oregon, Vermont, West Virginia, Kansas, Missouri, Indiana, Ohio, 
Illinois, Minnesota, New York, Wisconsin, Pennsylvania, Rhode Island. 
Michigan, Nevada, New Hampshire, Massachusetts, Nebraska, Maine, 
Iowa, Arkansas. Florida, North Carolina. Alabama, South Carolina and 
Louisiana, being three-fourths of the several states of the Union, and 
declaring said fourteenth article to be a part of the constitution of the 
United States, and making it the duty of the secretary of state to duly 
promulgate it as such. 

On July 28, 1868, the secretary of state issued his certificate, reciting 
the above resolution, and stating that official notice had been received at 
the department of state that action had been taken by the legislatures of 
the states in relation to said amendment, as follows: "It was ratified in 
A.D. 1866, by Connecticut, June 30; New Hampshire, July 7; Tennessee, 
July 19; Oregon, September 19; Vermont, November 9. In A.D. 1867, by 
New York, January 10; Illinois, January 15; West Virginia, January 16; 
Kansas, January 18; Maine, January 19; Nevada, January 22; Missouri, 
January 26; Indiana, January 29; Minnesota, February 1; Rhode Island, 
February 7; Wisconsin, February 13; Pennsylvania, February 13; 
Michigan, February 15; Massachusetts, March 20; Nebraska, June 15. 
In A.D. 1868 by Iowa, April 3; Arkansas, April 6; Florida, June 9; 
Louisiana, July 9; and Alabama, July 13. 

It was first ratified and the ratification subsequently withdrawn by 
New Jersey, ratified September 11, 1866, withdrawn April, 1868; Ohio, 
ratified January 1 1, 1867, and withdrawn January, 1868. 

It was first rejected and then ratified by Georgia, rejected Novem- 
ber 13, 1866, ratified July 21, 1868; North Carolina, rejected December 4, 
1866, ratified July 4, 1868; South Carolina, rejected December 20, 1866, 
ratified July 9, 1868. 

It was rejected by Texas, November 1, 1866; Virginia, January 9, 
1867; Kentucky, January 10, 1867; Delaware, February 7, 1867; and 
Maryland, March 23, 1867. 

And on said July 28, 1868, and in execution of the act proposing the 
amendment and of the concurrent resolution of congress above 
mentioned and in pursuance thereof, the secretary of state directed that 
said amendment to the constitution be published in the newspapers 
authorized to promulgate the laws of the United States, and certified that 



Constitution of the United States. 35 



it had been adopted in the manner above specified by the states named in 
said resolution, and that it "has become valid to all intents and purposes 
as a part of the constitution of the United States." 

Subsequently, it was ratified by Virginia, October 8, 1869, by 
Georgia again, February 2, 1870, and by Texas, February 18, 1870. 

The fifteenth amendment was proposed to the legislatures of the 
several states by the fortieth congress on February 27. 1869, and was 
declared, in a proclamation of the secretary of state, dated March 30, 
1870, to have been ratified by the legislatures of the constitutional 
number of states and to have "become valid to all intents and purposes as 
part of the constitution of the United States." 

The sixteenth amendment was proposed to the legislatures of the 
several states by the sixty-first congress, at its first session, in 1909. On 
February 25, 1913, the secretary of state made proclamation to the effect 
that, from official documents on file in the department, it appeared that 
the amendment had been ratified by the legislatures of the states of 
Alabama, Kentucky, South Carolina, Illinois, Mississippi, Oklahoma, 
Maryland, Georgia, Texas, Ohio, Idaho, Oregon, Washington, 
California, Montana, Indiana, Nevada, North Carolina, Nebraska, 
Kansas, Colorado, North Dakota, Michigan, Iowa, Missouri, Maine, 
Tennessee. Arkansas, Wisconsin, New York, South Dakota, Arizona, 
Minnesota, Louisiana, Delaware and Wyoming, in all thirty-six; and 
further, that the states whose legislatures had so ratified the said 
proposed amendment constituted three-fourths of the whole number of 
states in the United States; and, further, that it appeared from official 
documents on file in the department that the legislatures of New Jersey 
and New Mexico had passed resolutions ratifying the said proposed 
amendment. He further certified that the amendment had "become valid 
to all intents and purposes as a part of the constitution of the United 
States." 

The seventeenth amendment was proposed to the legislatures of the 
several states by the sixty-second congress, at its second session, in 
1912. On May 31, 1913, the secretary of state made proclamation to the 
effect that, from official documents on file in the department, it appeared 
that the amendment had been ratified by the legislatures of the states of 
Massachusetts, Arizona, Minnesota, New York, Kansas, Oregon, North 
Carolina, California, Michigan, Idaho, West Virginia, Nebraska, Iowa, 
Montana, Texas, Washington, Wyoming, Colorado, Illinois, North 
Dakota, Nevada, Vermont, Maine, New Hampshire, Oklahoma, Ohio, 
South Dakota, Indiana, Missouri, New Mexico, New Jersey, Tennessee, 
Arkansas, Connecticut, Pennsylvania and Wisconsin; and, further, that 
the states whose legislatures had so ratified the said proposed 
amendment constituted three-fourths of the whole number of states in the 



36 Constitution of the United States. 



United States. He further certified that the amendment had "become 
valid to all intents and purposes as a part of the constitution of the United 
States." 

The eighteenth amendment was proposed to the legislatures of the 
several states by the sixty-fifth congress, at its second session, in 1917. 
On January 29, 1919, the acting secretary of state made proclamation to 
the effect that, from official documents on file in the department, it 
appeared that the amendment had been ratified by the legislatures of the 
states of Alabama, Arizona, California, Colorado, Delaware, Florida, 
Georgia, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, 
Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, 
Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, 
Oklahoma, Oregon, South Dakota, South Carolina, Texas, Utah, 
Virginia, Washington, West Virginia, Wisconsin and Wyoming; and, 
further, that the states whose legislatures had so ratified the said 
proposed amendment constituted three-fourths of the whole number of 
states in the United States. He further certified that the amendment had 
"become valid to all intents and purposes as a part of the constitution of 
the United States." 

The nineteenth amendment was proposed to the legislatures of the 
several states by the sixty-sixth congress, at its first session, in 1919. On 
August 26, 1920, the secretary of state made proclamation that, from 
official documents on file in the department, it appeared that the 
amendment had been ratified by the legislatures of the states of Arizona, 
Arkansas, California, Colorado, Idaho, Illinois, Indiana, Iowa, Kansas, 
Kentucky, Maine, Massachusetts, Michigan, Minnesota, Missouri, 
Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, 
New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, 
Rhode Island, South Dakota, Tennessee, Texas, Utah, Washington, West 
Virginia, Wisconsin and Wyoming; and, further, that the states whose 
legislatures had so ratified the said proposed amendment constituted 
three-fourths of the whole number of states in the United States. He 
further certified that the amendment had "become valid to all intents and 
purposes as a part of the constitution of the United States." 

The twentieth amendment was proposed to the legislatures of the 
several states by the seventy-second congress, at its first session, in 
1931. On February 6, 1933, the secretary of state made proclamation 
that, from official documents on file in the department, it appeared that 
the amendment had been ratified by the legislatures of the states of 
Alabama, Arizona, Arkansas, California, Colorado, Connecticut, 
Delaware, Georgia, Idaho, Illinois, Indiana, Kansas, Kentucky, 
Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, 
Missouri, Montana, Nebraska, New Jersey, New York, North Carolina, 



Constitution of the United States. 37 



North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South 
Carolina, South Dakota, Texas, Utah, Virginia, Washington, West 
Virginia, Wisconsin and Wyoming; and, further, that the states whose 
legislatures had so ratified the said proposed amendment constituted 
more than the requisite three-fourths of the whole number of states in the 
United States. He further certified that the amendment had "become 
valid to all intents and purposes as a part of the constitution of the United 
States." 

The twenty-first amendment was proposed to conventions of the 
several states by the seventy-second congress, at its second session, in 
1933. On December 5, 1933, the acting secretary of state made 
proclamation that, from official notices received at the department, it 
appeared that the amendment had been ratified by conventions in the 
states of Alabama, Arizona, Arkansas, California, Colorado, 
Connecticut, Delaware, Florida, Idaho, Illinois, Indiana, Iowa, 
Kentucky, Maryland, Massachusetts, Michigan, Minnesota, Missouri, 
Nevada, New Hampshire, New Jersey, New Mexico, New York, Ohio, 
Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Utah, Vermont, 
Virginia, Washington, West Virginia, Wisconsin and Wyoming; and, 
further, that the states wherein conventions had so ratified the said 
proposed amendment constituted the requisite three-fourths of the whole 
number of states in the United States. He further certified that the 
amendment had "become valid to all intents and purposes as a part of the 
constitution of the United States." 

The twenty-second amendment was proposed to the legislatures of 
the several states by the eightieth congress, at its first session, in 1947. 
On March 1, 1951, the administrator of general services certified that 
from official documents on file in the general services administration it 
appeared that the amendment had been ratified by the legislatures of the 
states of Arkansas, California, Colorado, Connecticut, Delaware, 
Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, 
Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New 
Hampshire, New Jersey, New Mexico, New York, North Carolina, North 
Dakota, Ohio, Oregon, Pennsylvania, South Dakota, Tennessee, Texas, 
Utah, Vermont, Virginia, Wisconsin and Wyoming; and, further, that the 
states whose legislatures had so ratified the said proposed amendment 
constituted the requisite three-fourths of the whole number of states in 
the United States. He further certified that the amendment had "become 
valid to all intents and purposes as a part of the constitution of the United 
States." 

The twenty-third amendment was proposed by Congress on June 16, 
1960. On April 3, 1961, the administrator of general services certified that 
from official documents on file in the general services administration it 



38 Constitution of the United States. 



appeared that the amendment had been ratified by the legislatures of the 
states of Alaska, Arizona, California, Colorado, Connecticut, Delaware, 
Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Maryland, 
Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, 
Nevada, New Hampshire, New Jersey, New Mexico, New York, North 
Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South 
Dakota, Tennessee, Utah, Vermont, Washington, West Virginia, 
Wisconsin and Wyoming; and further that the states whose legislatures 
had so ratified the said proposed amendment constituted the requisite 
three-fourths of the whole number of states in the United States. He 
further certified that the amendment had "become valid to all intents and 
purposes as a part of the constitution of the United States." 

The twenty-fourth amendment was proposed by Congress on 
August 27, 1962. On February 4, 1964, the administrator of general 
services certified that from official documents on file in the general 
services administration it appeared that the amendment had been ratified 
by the legislatures of the states of Alaska, California, Colorado, 
Connecticut, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, 
Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, 
Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, 
New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, 
Pennsvlvania, Rhode Island, South Dakota, Tennessee, Utah, Vermont, 
Washington, West Virginia and Wisconsin; and further that the states 
whose legislatures had so ratified the said proposed amendment 
constituted the requisite three-fourths of the whole number of states in 
the United States. He further certified that the amendment had "become 
valid to all intents and purposes as a part of the constitution of the United 
States." 

The twenty-fifth amendment was proposed by Congress on Jan- 
uary 6, 1965. On February 27, 1967, the administrator of general services 
certified that from official documents on file in the general services admin- 
istration it appeared that the amendment had been ratified by the legis- 
latures of the states of Alaska, Arizona, Arkansas, California, Colorado, 
Delaware, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, 
Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi. 
Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, 
New Mexico, New York, Oklahoma, Oregon, Pennsylvania, Rhode 
Island, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, 
Wisconsin and Wyoming; and further that the states whose legislatures 
had so ratified the said proposed amendment constituted the requisite 
three-fourths of the whole number of states in the United States. He 
further certified that the amendment had "become valid to all intents and 
purposes as a part of the constitution of the United States." 



Constitution of the United States. 39 



The twenty-sixth amendment to the Constitution of the United States 
was submitted to the several states by a joint resolution of Congress, at 
the first session, ninety-second Congress, begun January 21, 1971, and 
was certified by the Administrator of General Services on July 5, 1971, 
36 Fed. Reg. 12725, to have been ratified by the legislatures of 
Alabama, Arkansas, Arizona, California, Colorado, Connecticut, 
Delaware, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, 
Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, 
Montana, Nebraska, New Hampshire, New Jersey, New York, North 
Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South 
Carolina, Tennessee, Texas, Vermont, Washington, West Virginia, and 
Wisconsin. 

The twenty-seventh amendment was submitted to the several states 
pursuant to a resolution passed by the first Congress of the United States, 
at its first session, on Sept. 25, 1789, and was certified by the Archivist 
of the United States on May 19, 1992, 57 Fed. Reg. 21 187, to have been 
ratified by the legislatures of the states of Alabama, Alaska, Arizona, 
Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, 
Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Maryland, Michigan, 
Minnesota. Missouri, Montana, Nevada, New Hampshire, New Jersey, 
New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, 
South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, 
Virginia, West Virginia, Wisconsin, and Wyoming.] 



Constitution 

OR 

Form of Government 

FOR THE 

Commonwealth of 
Massachusetts 



CONSTITUTION OR FORM OF GOVERNMENT 

FOR THE 

COMMONWEALTH OF MASSACHUSETTS 

Preamble. 
Objects of government - Body politic, how formed - Its nature. Page 54. 

PART THE FIRST. 
Declaration of Rights. 

Article 1. Equality and natural rights of all men. 55. [Annulled. See 
Amendments, Art. 106.] 

Art. 2. Right and duty of public religious worship. 55. 

Art. 3. Legislature empowered to compel provision for public 
worship - Legislature to enjoin attendance - Exclusive right of electing 
religious teachers secured - Option as to whom parochial taxes may be 
paid, unless, etc. - All denominations equally protected - Subordination 
of one sect to another prohibited. 55. 

Art. 4. Right of self-government secured. 56. 

Art. 5. Accountability of all officers, etc. 56. 

Art. 6. Services rendered to the public being the only title to 
peculiar privileges, hereditary offices are absurd and unnatural. 56. 

Art. 7. Objects of government; right of people to institute and 
change it. 56. 

Art. 8. Right of people to secure rotation in office. 57. 

Art. 9. All, having the qualifications prescribed, equally eligible to 
office. 57. 

Art. 10. Right of protection and duty of contribution correlative - 
Taxation founded on consent - Private property not to be taken for 
public uses without, etc. 57. 

Art. 1 1 . Remedies, by recourse to the law, to be free, complete and 
prompt. 57. 

Art. 12. Prosecutions regulated - Right to trial by jury in criminal 
cases, except, etc. 57. 

Art. 13. Crimes to be proved in the vicinity. 58. 

Art. 14. Right of search and seizure regulated. 58. 

Art. 15. Right to trial by jury sacred, except, etc. 58. 

Art. 16. Liberty of the press. 58. [Annulled. See Amendments. 
Art. 77.] 

Art. 17. Right to keep and bear arms - Standing armies dangerous - 
Military power subordinate to civil. 58. 

43 



44 Constitution of Massachusetts. 



Art. 18. Moral qualifications for office - Moral obligations of 
lawgivers and magistrates. 59. 

Art. 19. Right of people to assemble peaceably, to instruct represen- 
tatives and to petition legislature. 59. 

Art. 20. Power to suspend the laws or their execution. 59. 

Art. 21. Freedom of debate, etc., and reason thereof. 59. 

Art. 22. Frequent sessions, and objects thereof. 59. 

Art. 23. No tax without consent. 59. 

Art. 24. Ex post facto laws prohibited. 59. 

Art. 25. Legislature not to convict of treason, etc. 60. 

Art. 26. Excessive bail or fines, and cruel punishments, prohibited. 60. 

Art. 27. No soldier to be quartered in any house, unless, etc. 60. 

Art. 28. Citizens exempt from law-martial, unless, etc. 60. 

Art. 29. Judges of supreme judicial court - Tenure of their office - 
Salaries. 60. 

Art. 30. Separation of legislative, executive and judicial depart- 
ments. 60. 

PART THE SECOND. 
The Frame of Government 
Title of body politic. 61. 

Chapter I. 

The Legislative Power. 

Section I. 

The General Court. 

Article 1. Legislative department. 61. 

Art. 2. Governor's veto - Bill or resolve may be passed by two- 
thirds of each house, notwithstanding - Bill or resolve not returned 
within five days to be law. 61 . 

Art. 3. General court may constitute judicatories, courts of record, 
etc. - Courts, etc., may administer oaths. 62. 

Art. 4. General court may enact laws, etc., not repugnant to the 
constitution; may provide for the election or appointment of officers: 
prescribe their duties; impose taxes, duties and excises, to be disposed of 
for defense, protection, etc. - Valuation of estates once in ten years at 
least, while, etc. 62. 

Section II. 
Senate. 

Article 1. Senate, number and by whom elected - Counties to be 
districts, until, etc. 64. 



Constitution of Massachusetts. 45 



Art. 2. Manner and time of choosing senators and councillors - 
Word "inhabitant" defined - Selectmen to preside at town meetings - 
Return of votes - Inhabitants of unincorporated plantations who pay state 
taxes may vote - Plantation meetings - Assessors to notify, etc. 65. 

Art. 3. Governor and council to examine and count votes, and issue 
summonses. 66. 

Art. 4. Senate to be final judge of elections, etc., of its own mem- 
bers - Vacancies, how filled. 66. 

Art. 5. Qualifications of a senator. 67. 

Art. 6. Not to adjourn more than two days. 67. 

Art. 7. Shall choose its officers and establish its rules. 67. 

Art. 8. Shall try all impeachments - Oath - Limitations of sen- 
tence. 67. 

Art. 9. Quorum. 67. 

Section III. 
House of Representatives. 

Article 1. Representation of the people. 67. 

Art. 2. Representatives, by whom chosen - Proviso as to towns 
having less than 150 ratable polls - Towns liable to fine in case, etc. - 
Expenses of travelling to and from the general court, how paid. 68. 

Art. 3. Qualifications of a representative. 68. 

Art. 4. Qualifications of a voter. 68. 

Art. 5. Representatives, when chosen. 69. 

Art. 6. House alone can impeach. 69. 

Art. 7. House to originate all money bills. 69. 

Art. 8. Not to adjourn more than two days. 69. 

Art. 9. Quorum. 69. 

Art. 10. To judge of returns, etc., of its own members; to choose its 
officers and establish its rules, etc. - May punish for certain offenses - 
Privileges of members. 69. 

Art. 11. Senate and Governor and council may punish - General 
limitation - Trial may be by committee, or otherwise. 69. 

Chapter II. 

EXECUTIVE POWER. 

Section I. 
Governor. 

Article 1. Governor - His title. 70. 
Art. 2. To be chosen annually - Qualifications. 70. 
Art. 3. To be chosen by the people, by a majority of votes - How 
chosen, when no person has a majority. 70. 



46 Constitution of Massachusetts. 



Art. 4. Power of governor to assemble council and power of 
governor and council. 7 1 . 

Art. 5. Power of governor and council to adjourn or prorogue 
general court and convene the same. 7 1 . 

Art. 6. Governor and council may adjourn general court in cases, 
etc., but not exceeding ninety days. 71. 

Art. 7. Governor to be commander-in-chief - Limitation. 72. 
[Annulled. See Amendments, Art. 54.] 

Art. 8. Pardoning power. 72. [Annulled. See Amendments, Art. 73.] 

Art. 9. Judicial officers, etc., how nominated and appointed. 73. 

Art. 10. Militia officers, how elected - How commissioned - 
Election of officers - Major-generals, how appointed and commissioned - 
Vacancies, how filled, in case, etc. - Officers duly commissioned, how 
removed - Adjutants, etc., how appointed - Organization of militia. 73. 
[Annulled. See Amendments, Art. 53.] 

Art. 1 1 . Money, how drawn from the treasury, except, etc. 74. 

Art. 12. All public boards, etc., to make quarterly returns. 74. 

Art. 13. Salary of governor- Salaries of justices of supreme judicial 
court - Salaries to be enlarged, if insufficient. 74. 

Section II. 
Lieutenant-Governor. 

Article 1. Lieutenant-governor, his title and qualifications - How 
chosen. 75. 

Art. 2. Governor to be president of council - Lieutenant-governor a 
member of, except, etc. 75. 

Art. 3. Lieutenant-governor to be acting governor, in case, etc. 75. 

Section III. 
Council, and the Manner of settling Elections by the Legislature. 

Article 1. Council. 76. 

Art. 2. Number; from whom, and how chosen - If senators become 
councillors, their seats to be vacated. 76. 

Art. 3. Rank of councillors. 76. 

Art. 4. No district to have more than two. 76. 

Art. 5. Register of council. 76. 

Art. 6. Council to exercise power of governor in case, etc. 76. 
[Annulled. See Amendments, Art. 55.] 

Art. 7. Elections may be adjourned until, etc. - Order thereof. 77. 



Constitution of Massachusetts. 47 



Section IV. 
Secretary, Treasurer, Commissary, etc. 

Article 1. Secretary, etc., by whom and how chosen - Treasurer 
ineligible for more than five successive years. 77. 

Art. 2. Secretary to keep records, to attend the governor and council, 
etc. 77. 

Chapter III. 
Judiciary Power. 

Article 1. Tenure of all commissioned officers to be expressed - 
Judicial officers to hold office during good behavior, except, etc. - But 
may be removed on address. 78. 

Art. 2. Justices of supreme judicial court to give opinions when 
required. 78. [Amended. See Amendments, Art. 85.] 

Art. 3. Justices of the peace; tenure of office. 78. 

Art. 4. Provisions for holding probate courts. 78. 

Art. 5. Provisions for determining causes of marriage, divorce, 
etc. 78. 

Chapter IV. 
delegates to congress. 
Election, etc. 79. [Annulled.] 

Chapter V. 

THE UNIVERSITY AT CAMBRIDGE, AND ENCOURAGEMENT 
OF LITERATURE, ETC. 

Section I. 
The University. 

Article 1. Harvard College - Powers, privileges, etc., of the presi- 
dent and fellows confirmed. 79. 

Art. 2. All gifts, grants, etc., confirmed. 80. 

Art. 3. Who shall be overseers - Power of alteration reserved to the 
legislature. 80. 

Section II. 
The Encouragement of Literature, etc. 
Duty of legislatures and magistrates in all future periods. 80. 



48 Constitution of Massachusetts. 



Chapter VI. 

OATHS AND INCOMPATIBILITY OF OFFICE; ENACTING STYLE; 
REVISAL OF CONSTITUTION, ETC. 

Article 1. Oaths of allegiance and office, etc. 81. 

Art. 2. Plurality of officers prohibited to governor, etc., except, etc. - 
Incompatible offices - Bribery, etc., disqualify. 83. 

Art. 3. Value of money ascertained - Property qualifications may 
be increased. 83. 

Art. 4. Provisions respecting commission. 84. 

Art. 5. Provisions respecting writs. 84. 

Art. 6. Continuation of former laws, except, etc. 84. 

Art. 7. Benefit of habeas corpus secured, except, etc. 84. 

Art. 8. The enacting style. 84. 

Art. 9. Officers of former government continued until, etc. 84. 

Art. 10. Provision for revising constitution. 85. 

Art. 1 1 . Provision for preserving and publishing this constitution. 85. 

Amendments. 

Article 1. Bill, etc., not approved within five days, not to become a 
law, if legislature adjourn in the meantime. 86. 

Art. 2. General court empowered to charter cities and to establish 
limited town meeting form of government - Proviso. 86. 

Art. 3. Qualifications of voters for governor, lieutenant-governor, 
senators and representatives. 86. 

Art. 4. Notaries public, how appointed and removed - Vacancies in 
the offices of secretary and treasurer, how filled, in case, etc. - 
Commissary-general may be appointed, in case, etc. Militia officers, 
how removed. 87. 

Art. 5. Who may vote for captains and subalterns. 87. [Annulled. 
See Art. 53.] 

Art. 6. Oath to be taken by all officers; or affirmation in case, etc. 87. 

Art. 7. Tests abolished. 88. 

Art. 8. Incompatibility of officers. 88. 

Art. 9. Amendments to constitution, how made. 88. [Annulled. See 
Art. 48.] 

Art. 10. Commencement of political year; and termination - 
Governor, etc., term of office - Meetings for choice of governor, 
lieutenant-governor, etc., when to be held; may be adjourned. 88. 

Art. 1 1. Religious freedom established. 89. 

Art. 12. Census of ratable polls - Representatives, how appor- 
tioned. 90. 



Constitution of Massachusetts. 49 



Art. 13. Census - Senatorial districts - Apportionment of rep- 
resentatives and councillors - Freehold as a qualification for a seat in 
general court or council not required. 91. 

Art. 14. Election by people to be plurality. 93. 

Art. 15. Time of annual election of governor, lieutenant-governor 
and legislature. 93. 

Art. 16. Eight councillors, how chosen - State to be districted - 
Eligibility defined - Day and manner of election - Vacancies, how filled - 
Organization of government. 93. 

Art. 17. Election of secretary, treasurer, auditor and attorney-general - 
Vacancies, how filled - to qualify within ten days - Qualifications. 94. 

Art. 18. School money not to be applied for sectarian schools. 95. 

Art. 19. Legislature to prescribe for election of sheriffs, registers of 
probate, etc. 95. 

Art. 20. Reading constitution in English and writing, necessary 
qualifications of voters - Proviso. 95. 

Art. 2 1 . Census of voters and inhabitants - House of representatives 
to consist of 240 members - Legislature to apportion, etc. - Qualifi- 
cations of representatives - Quorum. 95. [Annulled. See Art. 71.] 

Art. 22. Census of voters and inhabitants - Senate to consist of 40 
members - Senatorial districts - Proviso - Qualifications of senators - 
Quorum. 97. [Annulled. See Art. 71.] 

Art. 23. Residence of two years required of naturalized citizens to 
entitle to suffrage, or make eligible to office. 97. [Annulled. See Art. 26.] 

Art. 24. Vacancies in Senate. 97. 

Art. 25. Vacancies in council. 98. 

Art. 26. Twenty-third article annulled. 98. 

Art. 27. Officers of Harvard College may be elected members of the 
general court. 98. 

Art. 28. Persons having served in the U.S. army or navy, etc., not to 
be disqualified from voting, etc. 98. 

Art. 29. General court empowered to provide more than one place 
of meeting in towns for the election of officers, and to prescribe manner 
of calling, etc., such meetings. 98. 

Art. 30. Voters not disqualified by reason of change of residence 
until six months from time of removal. 98. 

Art. 31. Article twenty-eight amended. 99. 

Art. 32. So much of article three annulled as makes the payment of 
a poll tax a prerequisite for voting. 99. 

Art. 33. A majority of each branch of the general court to constitute 
a quorum, etc. 99. 

Art. 34. Property qualification of governor annulled. 99. 



50 Constitution of Massachusetts. 



Art. 35. Clause in relation to payment of traveling expenses of 
members of the house annulled. 99. 

Art. 36. So much of article nineteen as is contained in the words 
"Commissioners of Insolvency" annulled. 100. 

Art. 37. Governor, with the consent of the council, may remove 
justices of the peace and notaries public. 100. 

Art. 38. Voting machines may be used at elections, under regula- 
tions. 100. 

Art. 39. Powers of legislature relative to excess takings of land, etc., 
for laying out, widening or relocating highways, etc. - Proviso. 100. 

Art. 40. Article three of amendments amended so as to exclude 
from voting persons disqualified by law because of corrupt practices in 
elections. 100. 

Art. 41. Taxation of wild or forest lands. 100. [Annulled. See 
Art. 110.] 

Art. 42. Authority given to general court to refer acts and resolves 
to the people for rejection or approval. 100. [Annulled. See Art. 48.] 

Art. 43. Authority given to general court to authorize the common- 
wealth to take land, etc., to relieve congestion of population and provide 
homes for citizens. 101. 

Art. 44. Authority given to general court to tax income. 101 . 

Art. 45. Authority given to general court to provide for absent 
voting. 101. [Annulled. See Art. 76.] 

Art. 46. Religious freedom - Public money not to be appropriated 
for founding, maintaining or aiding educational, charitable or religious 
institutions not publicly owned, except, etc. - Care or support of public 
charges in private hospitals - Religious services for inmates of certain 
institutions. 101. 

Art. 47. General court may provide for maintenance and distribution 
of food, etc., in time of war, public exigency, emergency or distress, by 
the commonwealth, cities and towns. 102. 

Art. 48. The Initiative and Referendum. 103. [See Arts. 74 and 81.] 

Art. 49. Conservation, etc., of natural resources of commonwealth. 
112. [Annulled. See Art. 97.] 

Art. 50. Regulation of advertising in public places. 1 12. 

Art. 5 1 . Preservation and maintenance of property of historical and 
antiquarian interest. 1 12. 

Art. 52. General court may take a recess. 112. [Annulled. See 
Art. 102.] 

Art. 53. Selection of officers of the militia. 1 12. 

Art. 54. Powers of the governor as commander-in-chief. 113. 

Art. 55. Succession in cases of vacancies in the offices of governor 
and lieutenant-governor. 113. 



Constitution of Massachusetts. 5 1 



Art. 56. Return of bills and resolves by the governor with recom- 
mendation for amendment. 1 13. 

Art. 57. Women to be eligible to appointment as notaries public. 1 14. 

Art. 58. Retirement of judicial officers. 1 14. [Annulled. See Art. 98.] 

Art. 59. Revocation of grants, franchises, privileges or immuni- 
ties. 114. 

Art. 60. Power of general court to establish building zones or dis- 
tricts. 114. 

Art. 61. Compulsory voting at elections. 1 14. 

Art. 62. Lending the credit of the commonwealth - Commonwealth 
may borrow - Vote required - Expenditure limited. 1 14. [See Art. 84.] 

Art. 63. A State budget and veto of items by the governor. 115. 
[Annulled. See Art. 107.] 

Art. 64. Biennial elections - Treasurer ineligible for more than three 
successive terms - General court to assemble annually - First election 
under this article. 1 16. [Annulled. See Art. 82.] 

Art. 65. Appointment of legislators to office and service upon 
recess committees. 116. 

Art. 66. Organization of not more than twenty departments to 
perform the executive and administrative work of the common- 
wealth. 116. 

Art. 67. Roll-call on "Emergency Measures" not required unless 
requested by two senators or five representatives. 117. 

Art. 68. Word "male" stricken out from qualifications for 
voting. 117. 

Art. 69. Removal of ineligibility of women to hold office - 
Registration of women as notaries public, upon change of name. 117. 

Art. 70. General court authorized to provide limited forms of town 
meetings in towns containing more than six thousand but less than 
twelve thousand inhabitants. 117. 

Art. 71. Twenty-first and twenty-second articles annulled and 
superseded - Census of inhabitants and special enumeration of voters - 
House of Representatives, number, Legislature to apportion, etc. - 
Senate, number - Senatorial and councillor districts - Qualifications of 
representatives and senators. 118. 

Art. 72. Biennial sessions of the general court - Biennial budget - 
Provisions requiring general court to meet annually annulled. 120. 
[Annulled. See Art. 75.] 

Art. 73. General court may regulate pardons for a felony. 120. 

Art. 74. Article 48, Initiative and Referendum, amended. 120. 

Art. 75. Annual sessions of the general court and annual budget 
restored. 122. 

Art. 76. Authority given to general court to provide for voting by 
physically disabled persons. 123. [Annulled. See Art. 105.] 



52 Constitution of Massachusetts. 



Art. 77. Liberty of the press - Free speech. 123. 

Art. 78. Revenue from use of vehicles to be used for highway 
purposes only. 123. 

Art. 79. Vacancies on account of failure to elect secretary, treasurer, 
auditor or attorney-general, or in case of death before qualification, how 
filled. 123. 

Art. 80. Terms of elected state officers - Succession in cases of 
death of governor and lieutenant-governor before qualification. 124. [See 
Art. 82.] 

Art. 81. Article 48, Initiative and Referendum, amended. 124. 

Art. 82. Four-year terms for Governor, Lieutenant-Governor, 
Secretary, Treasurer and Receiver-General, Attorney-General and 
Auditor. 128. 

Art. 83. Continuity of government. 129. 

Art. 84. Providing for a two-thirds vote of each House of the General 
Court on legislation pledging the credit of the Commonwealth. 129. 

Art. 85. Providing that the Governor or the Council may require 
an opinion of the Justices of the Supreme Judicial Court on certain 
matters. 129. 

Art. 86. Governor and Lieutenant-Governor shall be elected by 
single vote, on same ballot, from one party. 130. 

Art. 87. Reorganization of government, in whole or part, governor 
may introduce, and General Court may veto, within sixty days. 130. 

Art. 88. Industrial development, cities and towns may provide, as 
General Court may determine. 130. 

Art. 89. Local self-government is reaffirmed; process of charter 
adoption or revision by municipalities, is outlined. Limitations on local 
powers; powers of General Court in relation to cities and towns. 131. 

Art. 90. Bills and resolves automatically become law if held by 
governor for ten days during session of General Court - Bills and 
resolves automatically dead if they are not approved by governor and 
adjournment of General Court - Prevents their return by him within ten 
days of presentment - Power of governor to return bills and resolves to 
General Court with amendments - Power of governor to veto or reduce 
items in appropriation bills. 134. 

Art. 91. Office of governor deemed vacant upon written declaration 
by governor, the supreme court or other authorized body. 135. 

Art. 92. Census of inhabitants and special enumeration of voters - 
House of Representatives, number, Legislature to apportion, etc. - 
Senate, number - Senatorial and councillor districts - Qualifications of 
representatives and senators. 136. [Annulled. See Art. 101.] 

Art. 93. One year residency requirement to be eligible to vote 
within Commonwealth annulled. 138. 



Constitution of Massachusetts. 53 



Art. 94. Reduction of age qualification for eligibility to vote from 
twenty-one to nineteen years of age. 138. 

Art. 95. Word "pauper" stricken from qualification for voting. 138. 

Art. 96. Resident educational grants-in-aid may be authorized by 
General Court. 138. 

Art. 97. Environmental bill of rights. 138. 

Art. 98. Retirement of judicial officers. 138. 

Art. 99. Taxation of agricultural and horticultural lands. 139. 

Art. 100. Voting age qualification lowered to eighteen. 139. 

Art. 101. House of Representatives cut to 160 members - decennial 
census qualifications, etc. 139. 

Art. 102. General Court recess. 141. 

Art. 103. Religious freedom - Public money not to be appropriated 
for founding, maintaining or aiding educational, charitable or religious 
institutions not publicly owned, except, etc. - Educational grant-in-aid 
exception. 141. 

Art. 104. Revenues from use of vehicles to be used for highway and 
mass transportation purposes only. 141. 

Art. 105. Absentee voting - religious beliefs. 142. 

Art. 106. Equality under law not to be denied or abridged on the 
basis of sex, race, color, creed or national origin. 142. 

Art. 107. State budget - Time for submission by governor who has 
not served in preceding term as governor. 142. 

Art. 108. Voter information material - households. 143. 

Art. 109. State census - residence. 143. 

Art. 1 10. Taxation of wild or forest lands. 143. 

Art. 111. Public school students - No assignment or denial of 
admittance due to race, color, national origin or creed. 144. 

Art. 1 12. Real property taxation - classifications by use. 144. 

Art. 113. City and town charters - Time for submission to city or 
town councils. 144. 

Art. 1 14. Handicapped individuals - Prohibit discrimination. 144. 

Art. 115. Cities and towns - General Court shall not enact laws 
which impose additional costs, exception. 144. 

Art. 116. Capital punishment - General Court empowered to 
impose. 145. 

Art. 117. Federal census - basis of determination for senatorial, 
representative and councillor districts. 145. 

Art. 118. General Court base compensation - median household 
income. 145. 

Art. 119. State legislative and Executive Councillor redisricting, - 
effective date. 145. 

Art. 120. Incarcerated persons, - right to vote. 146. 



54 Constitution of Massachusetts. 



PREAMBLE. 

The end of the institution, maintenance and administration of 
government, is to secure the existence of the body politic, to protect it, 
and to furnish the individuals who compose it, with the power of 
enjoying in safety and tranquility their natural rights, and the blessings of 
life: and whenever these great objects are not obtained, the people have a 
right to alter the government, and to take measures necessary for their 
safety, prosperity, and happiness. 

The body politic is formed by a voluntary association of individuals: 
it is a social compact, by which the whole people covenants with each 
citizen, and each citizen with the whole people, that all shall be governed 
by certain laws for the common good. It is the duty of the people, 
therefore, in framing a constitution of government, to provide for an 
equitable mode of making laws, as well as for an impartial interpretation, 
and a faithful execution of them; that every man may, at all times, find 
his security in them. 

We, therefore, the people of Massachusetts, acknowledging, with 
grateful hearts, the goodness of the great Legislator of the universe, in 
affording us, in the course of His providence, an opportunity, 
deliberately and peaceably, without fraud, violence or surprise, of 
entering into an original, explicit, and solemn compact with each other; 
and of forming a new constitution of civil government, for ourselves and 
posterity; and devoutly imploring His direction in so interesting a design, 
do agree upon, ordain and establish, the following Declaration of Rights, 
and Frame of Government, as the Constitution of the Commonwealth 
of Massachusetts. 



Constitution of Massachusetts. 55 



PART THE FIRST. 

A Declaration of the Rights of the Inhabitants of the 
Commonwealth of Massachusetts. 

Article I. All men are born free and equal, and have certain natural, 
essential and unalienable rights; among which may be reckoned the right 
of enjoying and defending their lives and liberties; that of acquiring, 
possessing, and protecting property; in fine, that of seeking and 
obtaining their safety and happiness. [Annulled by Amendments, 
Art. CVL] 

Art. II. It is the right as well as the duty of all men in society, 
publicly, and at stated seasons to worship the Supreme Being, the great 
Creator and Preserver of the universe. And no subject shall be hurt, 
molested, or restrained, in his person, liberty, or estate, for worshipping 
God in the manner and season most agreeable to the dictates of his own 
conscience, or for his religious procession or sentiments; provided he 
doth not disturb the public peace, or obstruct others in their religious 
worship. [See Amendments, Arts. XL VI and XLVIII.] 

Art. III. [As the happiness of a people, and the good order and 
preservation of civil government, essentially depend upon piety, religion. 
and morality; and as these cannot be generally diffused through a 
community, but by the institution of the public worship of God, and of 
public instructions in piety, religion and morality; Therefore, to promote 
their happiness and to secure the good order and preservation of their 
government, the people of this Commonwealth have a right to invest 
their legislature with power to authorize and require, and the legislature 
shall, from time to time, authorize and require, the several towns, 
parishes, precincts, and other bodies politic, or religious societies, to 
make suitable provision, at their own expense, for the institution of the 
public worship of God, and for the support and maintenance of public 
Protestant teachers of piety, religion and morality, in all cases where 
such provision shall not be made voluntarily. 

And the people of this Commonwealth have also a right to, and do. 
invest their legislature with authority to enjoin upon all the subjects an 
attendance upon the instructions of the public teachers aforesaid, at 
stated times and seasons, if there be any on whose instructions they can 
conscientiously and conveniently attend. 



56 Constitution of Massachusetts. 



Provided notwithstanding, that the several towns, parishes, precincts, 
and other bodies politic, or religious societies, shall, at all times, have 
the exclusive right of electing their public teachers, and of contracting 
with them for their support and maintenance. 

And all moneys, paid by the subject to the support of public worship, 
and of the public teachers aforesaid, shall, if he require it, be uniformly 
applied to the support of the public teacher or teachers of his own 
religious sect or denomination, provided there be any on whose 
instructions he attends; otherwise it may be paid towards the support of 
the teacher or teachers of the parish or precinct in which the said moneys 
are raised. 

And every denomination of Christians, demeaning themselves 
peaceably, and as good subjects of the Commonwealth, shall be equally 
under the protection of the law: and no subordination of any one sect or 
denomination to another shall ever be established by law.] [Art. XI of 
Amendments substituted for this.] 

Art. IV. The people of this Commonwealth have the sole and 
exclusive right of governing themselves, as a free, sovereign, and 
independent state; and do, and forever hereafter shall, exercise and enjoy 
every power, jurisdiction, and right, which is not, or may not hereafter, 
be by them expressly delegated to the United States of America in 
Congress assembled. 

Art. V. All power residing originally in the people, and being derived 
from them, the several magistrates and officers of government, vested 
with authority, whether legislative, executive, or judicial, are their 
substitutes and agents, and are at all times accountable to them. 

Art. VI. No man, nor corporation, or association of men, have any 
other title to obtain advantages, or particular and exclusive privileges, 
distinct from those of the community, than what arises from the 
consideration of services rendered to the public; and this title being in 
nature neither hereditary, nor transmissible to children, or descendants, 
or relations by blood, the idea of a man born a magistrate, lawgiver, or 
judge, is absurd and unnatural. 

Art. VII. Government is instituted for the common good; for the 
protection, safety, prosperity, and happiness of the people; and not for 
the profit, honor, or private interest of any one man, family or class of 
men: Therefore the people alone have an incontestable, unalienable, and 
indefeasible right to institute government; and to reform, alter, or totally 
change the same, when their protection, safety, prosperity and happiness 
require it. 



Constitution of Massachusetts. 57 



Art. VIII. In order to prevent those, who are vested with authority, 
from becoming oppressors, the people have a right, at such periods and 
in such manner as they shall establish by their frame of government, to 
cause their public officers to return to private life; and to fill up vacant 
places by certain and regular elections and appointments. 

Art. IX. All elections ought to be free; and all the inhabitants of this 
Commonwealth, having such qualifications as they shall establish by 
their frame of government, have an equal right to elect officers, and to be 
elected, for public employments. [See Amendments, Arts. XLV and 
XLVIII, The Initiative, II. sec. 2] [For compulsory voting, see 
Amendments, Art. LXL] [For use of voting machines at elections, see 
Amendments, Art. XXXVIII.] [For absent voting, see Amendments, 
Art. LXXVL] 

Art. X. Each individual of the society has a right to be protected by it 
in the enjoyment of his life, liberty and property, according to standing 
laws. He is obliged, consequently, to contribute his share to the expense 
of this protection; to give his personal service, or an equivalent, when 
necessary: but no part of the property of any individual, can, with justice, 
be taken from him, or applied to public uses, without his own consent, or 
that of the representative body of the people. In fine, the people of this 
Commonwealth are not controllable by any other laws than those to 
which their constitutional representative body have given their consent. 
And whenever the public exigencies require, that the property of any 
individual should be appropriated to public uses, he shall receive a 
reasonable compensation therefor. [See Amendments, Arts. XXXIX, 
XLIII, XLVII, XLVIII, The Initiative, II, sect. 2, LXIX, L, LI and 
XCVII.] 

Art. XL Every subject of the Commonwealth ought to find a certain 
remedy, by having recourse to the laws, for all injuries or wrongs which 
he may receive in his person, property, or character. He ought to obtain 
right and justice freely, and without being obliged to purchase it; 
completely, and without any denial; promptly, and without delay; 
conformably to the laws. 

Art. XII. No subject shall be held to answer for any crimes or 
offence, until the same is fully and plainly, substantially and formally, 
described to him; or be compelled to accuse, or furnish evidence against 
himself. And every subject shall have a right to produce all proofs, that 
may be favorable to him; to meet the witnesses against him face to face, 
and to be fully heard in his defense by himself, or his counsel, at his 



58 Constitution of Massachusetts. 



election. And no subject shall be arrested, imprisoned, despoiled, or 
deprived of his property, immunities, or privileges, put out of the 
protection of the law, exiled, or deprived of his life, liberty, or estate, but 
by the judgment of his peers, or the law of the land. 

And the legislature shall not make any law, that shall subject any 
person to a capital or infamous punishment, excepting for the 
government of the army and navy, without trial by jury. [See Amend- 
ments, Art. XL VIII, The Initiative, II, sect. 2.] 

Art. XIII. In criminal prosecutions, the verification of facts in the 
vicinity where they happen, is one of the greatest securities of the life, 
liberty, and property of the citizen. 

Art. XIV. Every subject has a right to be secure from all unrea- 
sonable searches, and seizures, of his person, his houses, his papers, and 
all his possessions. All warrants, therefore, are contrary to this right, if 
the cause or foundation of them be not previously supported by oath or 
affirmation; and if the order in the warrant to a civil officer, to make 
search in suspected places, or to arrest one or more suspected persons, or 
to seize their property, be not accompanied with a special designation of 
the persons or objects of search, arrest, or seizure: and no warrant ought 
to be issued but in cases, and with the formalities prescribed by the laws. 
[See Amendments, Art. XLVIII, The Initiative, II, sect. 2.] 

Art. XV. In all controversies concerning property, and in all suits 
between two or more persons, except in cases in which it has heretofore 
been otherways used and practiced, the parties have a right to a trial by 
jury; and this method of procedure shall be held sacred, unless, in causes 
arising on the high seas, and such as relate to mariners' wages, the 
legislature shall hereafter find it necessary to alter it. [See Amendments, 
Art. XLVIII, The Initiative, II, sect. 2.] 

Art. XVI. [The liberty of the press is essential to the security of 
freedom in a state: it ought not, therefore, to be restrained in this 
Commonwealth.] [See Amendments, Art. XLVIII, The Initiative, II, 
sect. 2.] [Annulled and superseded by Amendments, Art. LXXVII.] 

Art. XVII. The people have a right to keep and to bear arms for the 
common defense. And as, in time of peace, armies are dangerous to 
liberty, they ought not to be maintained without the consent of the 
legislature; and the military power shall always be held in an exact 
subordination to the civil authority, and be governed by it. 



Constitution of Massachusetts. 59 



Art. XVIII. A frequent recurrence to the fundamental principles of 
the constitution, and a constant adherence to those of piety, justice, 
moderation, temperance, industry, and frugality, are absolutely necessary 
to preserve the advantages of liberty, and to maintain a free government. 
The people ought, consequently, to have a particular attention to all those 
principles, in the choice of their officers and representatives; and they 
have a right to require of their lawgivers and magistrates an exact and 
constant observance of them, in the formation and execution of the laws 
necessary for the good administration of the Commonwealth. 

Art. XIX. The people have a right, in an orderly and peaceable 
manner, to assemble to consult upon the common good: give instructions 
to their representatives, and to request of the legislative body, by the way 
of addresses, petitions, or remonstrances, redress of the wrongs done 
them, and of the grievances they suffer. [See Amendments, Art. XL VIII, 
The Initiative, II, sect. 2.] 

Art. XX. The power of suspending the laws, or the execution of the 
laws, ought never to be exercised but by the legislature, or by authority 
derived from it, to be exercised in such particular cases only as the 
legislature shall expressly provide for. [See Amendments, Arts. XLVIII, 
I. Definition and LXXXIX.] 

Art. XXI. The freedom of deliberation, speech and debate in either 
house of the legislature, is so essential to the rights of the people, that it 
cannot be the foundation of any accusation or prosecution, action or 
complaint, in any other court or place whatsoever. [See Amendments. 
Art. XLVIII, The Initiative, II, sect. 2.] 

Art. XXII. The legislature ought frequently to assemble for the 
redress of grievances, for correcting, strengthening and confirming the 
laws, and for making new laws, as the common good may require. 

Art. XXIII. No subsidy, charge, tax, impost, or duties, ought to be 
established, fixed, laid, or levied, under any pretext whatsoever, without 
the consent of the people or their representatives in the legislature. 

Art. XXIV. Laws made to punish for actions done before the 
existence of such laws, and which have not been declared crimes by 
preceding laws, are unjust, oppressive, and inconsistent with the 
fundamental principles of a free government. 



60 Constitution of Massachusetts. 



Art. XXV. No subject ought, in any case, or in any time, to be 
declared guilty of treason or felony by the legislature. 

Art. XXVI. No magistrate or court of law, shall demand excessive 
bail or sureties, impose excessive fines, or inflict cruel or unusual 
punishments. [See Amendments, Art. XLVIII, The Initiative, II, sect. 2, 
and CXVL] 

Art. XXVII. In time of peace, no soldier ought to be quartered in any 
house without the consent of the owner; and in time of war, such quarters 
ought not to be made but by the civil magistrate, in a manner ordained by 
the legislature. 

Art. XXVIII. No person can in any case be subjected to law-martial, 
or to any penalties or pains, by virtue of that law, except those employed 
in the army or navy, and except the militia in actual service, but by 
authority of the legislature. [See Amendments, Art. XLVIII, The 
Initiative, II, sect. 2.] 

Art. XXIX. It is essential to the preservation of the rights of every 
individual, his life, liberty, property and character, that there be an 
impartial interpretation of the laws, and administration of justice. It is the 
right of every citizen to be tried by judges as free, impartial and 
independent as the lot of humanity will admit. It is, therefore, not only 
the best policy, but for the security of the rights of the people, and of 
every citizen, that the judges of the supreme judicial court should hold 
their offices as long as they behave themselves well; and that they should 
have honorable salaries ascertained and established by standing laws. 
[See Amendments, Art. XLVIII, The Initiative, II, sect. 2, and The 
Referendum, III, sect. 2, LXVIII and XCVIIL] 

Art. XXX. In the government of this Commonwealth, the legislative 
department shall never exercise the executive and judicial powers, or 
either of them: the executive shall never exercise the legislative and 
judicial powers, or either of them: the judicial shall never exercise the 
legislative and executive powers, or either of them: to the end it may be a 
government of laws and not of men. 



Constitution of Massachusetts. 61 

PART THE SECOND. 

The Frame of Government. 

The people, inhabiting the territory formerly called the Province of 
Massachusetts Bay, do hereby solemnly and mutually agree with each 
other, to form themselves into a free, sovereign, and independent 
body politic, or state, by the name of The Commonwealth of 
Massachusetts. 

Chapter I. 

THE LEGISLATIVE POWER. 

Section I. 

The General Court. 

Article I. The department of legislation shall be formed by two 
branches, a Senate and House of Representatives: each of which shall 
have a negative on the other. 

The legislative body shall assemble every year [on the last 
Wednesday in May, and at such other times as they shall judge 
necessary; and shall dissolve and be dissolved on the day next preceding 
the said last Wednesday in May;] and shall be stiled, The General 
Court of Massachusetts. [See Amendments, Arts. X, LXXII and 
LXXV.] 

Art. II. No bill or resolve of the senate or house of representatives 
shall become a law, and have force as such, until it shall have been laid 
before the governor for his revisal; and if he, upon such revision, 
approve thereof he shall signify his approbation by signing the same. But 
if he have any objection to the passing of such bill or resolve, he shall 
return the same, together with his objections thereto, in writing, to the 
senate or house of representatives, in whichsoever the same shall have 
originated: who shall enter the objections sent down by the governor, at 
large, on their records, and proceed to reconsider the said bill or resolve. 
But if after such reconsideration, two thirds of the said senate or house of 
representatives, shall, notwithstanding the said objections, agree to pass 
the same, it shall, together with the objections, be sent to the other 



62 Constitution of Massachusetts. 



branch of the legislature, where it shall also be reconsidered, and if 
approved by two thirds of the members present, shall have the force of a 
law: but in all such cases, the votes of both houses shall be determined 
by yeas and nays; and the names of the persons voting for, or against, the 
said bill or resolve, shall be entered upon the public records of the 
Commonwealth. 

[And in order to prevent unnecessary delays, if any bill or resolve 
shall not be returned by the governor within five days after it shall have 
been presented, the same shall have the force of a law.] [See 
Amendments, Arts. 1, XLVIII, L1V, LXIII, sect. 5 and XC, sect. 1.] 

Art. III. The general court shall forever have full power and authority 
to erect and constitute judicatories and courts of record, or other courts, 
to be held in the name of the Commonwealth, for the hearing, trying, and 
determining of all manner of crimes, offenses, pleas, processes, plaints, 
actions, matters, causes and things, whatsoever, arising or happening 
within the Commonwealth, or between or concerning persons inhabiting, 
or residing, or brought within the same, whether the same be criminal or 
civil, or whether the said crimes be capital or not capital, and whether 
the said pleas be real, personal, or mixed; and for the awarding and 
making out of execution thereupon. To which courts and judicatories are 
hereby given and granted full power and authority, from time to time, to 
administer oaths or affirmations, for the better discovery of truth in any 
matter in controversy or depending before them. [See Amendments, Art. 
XLVIII, The Initiative, II, sect. 2, and The Referendum, III, sect. 2.] 

Art. IV. And further, full power and authority are hereby given and 
granted to the said general court, from time to time, to make, ordain, and 
establish, all manner of wholesome and reasonable orders, laws, statutes, 
and ordinances, directions and instructions, either with penalties or 
without; so as the same be not repugnant or contrary to this constitution, 
as they shall judge to be for the good and welfare of this Commonwealth, 
and for the government and ordering thereof, and of the subjects of the 
same, and for the necessary support and defense of the government 
thereof; and to name and settle annually, or provide by fixed laws, for 
the naming and settling all civil officers within the said Commonwealth; 
the election and constitution of whom are not hereafter in this form of 
government otherwise provided for; and to set forth the several duties, 
powers and limits, of the several civil and military officers of this 
Commonwealth, and the forms of such oaths or affirmations as shall be 
respectively administered unto them for the execution of their several 
offices and places, so as the same be not repugnant or contrary to this 
constitution; and to impose and levy proportional and reasonable 



Constitution of Massachusetts. 63 



assessments, rates and taxes, upon all the inhabitants of, and persons 
resident, and estates lying, within the said Commonwealth; and also to 
impose and levy, reasonable duties and excises, upon any produce, 
goods, wares, merchandise, and commodities, whatsoever, brought into, 
produced, manufactured, or being within the same; to be issued and 
disposed of by warrant, under the hand of the governor of this 
Commonwealth for the time being, with the advice and consent of the 
council, for the public service, in the necessary defense and support of 
the government of the said Commonwealth, and the protection and 
preservation of the subjects thereof, according to such acts as are or shall 
be in force within the same. 

And while the public charges of government, or any part thereof, shall 
be assessed on polls and estates, in the manner that has hitherto been 
practiced, in order that such assessments may be made with equality, 
there shall be a valuation of estates within the Commonwealth taken 
anew once in every ten years at least, and as much oftener as the general 
court shall order. [See Amendments. Arts. XLI, XLIV, XCIX and 
CXII.] 

[For the authority of the general court to charter cities and establish 
limited town meeting form of government, see Amendments, Arts. II 
and LXX. 

For power of the general court to establish voting precincts in towns, 
see Amendments, Art. XXIX. 

For additional taxing power given to the general court, see 
Amendments, Arts. XLI and XLIV. 

For the authority of the general court to take land, etc., for relieving 
congestion of population and providing homes for citizens, see 
Amendments, Art. XLIII. 

For the power given the general court to provide by law for absentee 
and compulsory voting, see Amendments, Arts. XLV, LXI and LXXVI. 

For the power given the general court to determine the manner of 
providing and distributing the necessaries of life, etc., during time of 
war, public distress, etc., by the Commonwealth and the cities and towns 
therein, see Amendments, Art. LXVII. 

For provisions relative to taking the vote on emergency measures, see 
Amendments, Arts. XLVIII, The Referendum, II, and LXVII. 

For new provisions authorizing the general court to provide for the 
taking of lands for certain public uses, see Amendments, Art. XLIX. 

For provision authorizing the general court to take a recess or recesses 
amounting to not more than thirty days, see Amendments, Art. LII. 

For new provision authorizing the governor to return a bill with a 
recommendation of amendment, see Amendments, Art. LVI. 



64 Constitution of Massachusetts. 



For the power of the general court to limit the use or construction of 
buildings, see Amendments, Art. LX. 

For new provisions relative to the biennial election of senators and 
representatives and their terms of office, see Amendments, Art. LXIV. 

For new provisions that no person elected to the general court shall be 
appointed to any office which was created or the emoluments of which 
were increased during the term for which he was elected, nor received 
additional salary or compensation for service upon recess committees or 
commissions, see Amendments, Art. LXV. 

For the power given the general court to prescribe the terms and 
conditions upon which a pardon may be granted in the case of a felony, 
see Amendments, Art. LXXIII.] 



Chapter I. 

Section II. 

Senate. 

Article I. [There shall be annually elected, by the freeholders and 
other inhabitants of this Commonwealth, qualified as in this constitution 
is provided, forty persons to be councillors and senators for the year 
ensuing their election; to be chosen by the inhabitants of the districts into 
which the Commonwealth may from time to time be divided by the 
general court for that purpose: and the general court in assigning the 
numbers to be elected by the respective districts, shall govern themselves 
by the proportion of the public taxes paid by the said districts; and timely 
make known to the inhabitants of the Commonwealth the limits of each 
district, and the number of councillors and senators to be chosen therein; 
provided that the number of such districts shall never be less than 
thirteen; and that no district be so large as to entitle the same to choose 
more than six senators. [See Amendments, Arts. XIII, XVI, XXII, LXIV, 
LXXI, XCII, CI and CIX.] 

And the several counties in this Commonwealth shall, until the 
general court shall determine it necessary to alter the said districts, be 
districts for the choice of councillors and senators, (except that the 
counties of Dukes County and Nantucket shall form one district for that 
purpose) and shall elect the following number for councillors and 
senators, viz.: - Suffolk, six; Essex, six; Middlesex, five; Hampshire, 
four; Plymouth, three; Barnstable, one; Bristol, three; York, two; Dukes 



Constitution of Massachusetts. 65 



County and Nantucket, one; Worcester, five; Cumberland, one; Lincoln, 
one; Berkshire, two.] 

Art. II. The senate shall be the first branch of the legislature; and the 
senators shall be chosen in the following manner, viz.: there shall be a 
meeting on the [first Monday in April,] [annually], forever, of the 
inhabitants of each town in the several counties of this Commonwealth; 
to be called by the selectmen, and warned in due course of law, at least 
seven days before the [first Monday in April,] for the purpose of electing 
persons to be senators and councillors; [and at such meetings every male 
inhabitant of twenty-one years of age and upwards, having a freehold 
estate within the Commonwealth, of the annual income of three pounds, 
or any estate of the value of sixty pounds, shall have a right to give in his 
vote for the senators for the district of which he is an inhabitant.] And to 
remove all doubts concerning the meaning of the word "inhabitant" in 
this constitution, every person shall be considered as an inhabitant, for 
the purpose of electing and being elected into any office, or place within 
this state, in that town, district or plantation, where he dwelleth, or hath 
his home. [See Amendments, Arts. II, III, X, XV, XX, XXII, XXIII, 
XXVI, XXVIII, XXX, XXXI, XXXII, XLV, LXIV, LXXI, LXXVI, 
LXXX, XCII, XCIII, XCIV, XVC, C, CI and CIX.] 

The selectmen of the several towns shall preside at such meetings 
impartially; and shall receive the votes of all the inhabitants of such 
towns present and qualified to vote for senators, and shall sort and count 
them in open town meeting, and in presence of the town clerk, who shall 
make a fair record, in presence of the selectmen, and in open town 
meeting, of the name of every person voted for, and of the number of 
votes against his name: and a fair copy of this record shall be attested by 
the selectmen and the town clerk, and shall be sealed up, directed to the 
secretary of the Commonwealth for the time being, with a superscription, 
expressing the purport of the contents thereof, and delivered by the town 
clerk of such towns, to the sheriff of the county in which such town lies, 
thirty days at least before [the last Wednesday in May] [annually]; or it 
shall be delivered into the secretary's office seventeen days at least 
before the said [last Wednesday in May]; and the sheriff of each county 
shall deliver all such certificates by him received, into the secretary's 
office, seventeen days before the said [last Wednesday in May]. [See 
Amendments, Arts. II and X.] 

And the inhabitants of plantations unincorporated, qualified as this 
constitution provides, who are or shall be empowered and required to 
assess taxes upon themselves toward the support of government, shall 
have the same privilege of voting for councillors and senators in 
the plantations where they reside, as town inhabitants have in their 



66 Constitution of Massachusetts. 



respective towns; [and the plantation meetings for that purpose shall be 
held annually on the same first Monday in April], at such place in the 
plantations respectively, as the assessors thereof shall direct; which 
assessors shall have like authority for notifying the electors, collecting 
and returning the votes, as the selectmen and town clerks have in their 
several towns, by this constitution. And all other persons living in places 
unincorporated (qualified as aforesaid) who shall be assessed to the 
support of government by the assessors of an adjacent town, shall have 
the privilege of giving in their votes for councillors and senators in the 
town where they shall be assessed, and be notified of the place of 
meeting by the selectmen of the town where they shall be assessed, for 
that purpose accordingly. [See Amendments, Arts. XV and LXIV.] 

Art. III. And that there may be a due convention of senators on the 
[last Wednesday in May] [annually,] the governor with five of the 
council, for the time being, shall, as soon as may be, examine the return 
copies of such records; and fourteen days before the said day he shall 
issue his summons to such persons as shall appear to be chosen by [a 
majority of] voters, to attend on that day, and take their seats 
accordingly: provided nevertheless, that for the first year the said return 
copies shall be examined by the president and five of the council of the 
former constitution of government; and the said president shall, in like 
manner, issue his summons to the persons so elected, that they may take 
their seats as aforesaid. [See Amendments, Arts. X, XIV, LXIV, LXXII 
and LXXV.] 

Art. IV. The senate shall be the final judge of the elections, returns 
and qualifications of their own members, as pointed out in the 
constitution; and shall, [on the said last Wednesday in May] [annually,] 
determine and declare who are elected by each district to be senators [by 
a majority of votes: and in case there shall not appear to be the full 
number of senators returned elected by a majority of votes for any 
district, the deficiency shall be supplied in the following manner, viz.: 
The members of the house of representatives, and such senators as shall 
be declared elected, shall take the names of such persons as shall be 
found to have the highest number of votes in such district, and not 
elected, amounting to twice the number of senators wanting, if there be 
so many voted for; and out of these shall elect by ballot a number of 
senators sufficient to fill up the vacancies in such district; and in this 
manner all such vacancies shall be filled up in every district of the 
Commonwealth; and in like manner all vacancies in the senate, arising 
by death, removal out of the state, or otherwise, shall be supplied as soon 
as may be, after such vacancies shall happen.] [See Amendments, Arts. 
X, XIV and XXIV.] 



Constitution of Massachusetts. 67 



Art. V. Provided nevertheless, that no person shall be capable of 
being elected as a senator, [who is not seized in his own right of a 
freehold within this Commonwealth, of the value of three hundred 
pounds at least, or possessed of personal estate to the value of six 
hundred pounds at least, or of both to the amount of the same sum, and] 
who has not been an inhabitant of this Commonwealth for the space of 
five years immediately preceding his election, and at the time of his 
election, he shall be an inhabitant in the district for which he shall be 
chosen. [See Amendments, Arts. XIII, XXII, LXXI, XCII, CI and CIX.] 

Art. VI. The senate shall have power to adjourn themselves, provided 
such adjournments do not exceed two days at a time. [See Amendments, 
Arts. LII and CIL] 

Art. VII. The senate shall choose its own president, appoint its own 
officers, and determine its own rules of proceedings. 

Art. VIII. The senate shall be a court with full authority to hear and 
determine all impeachments made by the house of representatives, 
against any officer or officers of the Commonwealth, for misconduct and 
maladministration in their offices. But previous to the trial of every 
impeachment the members of the senate shall respectively be sworn, 
truly and impartially to try and determine the charge in question, 
according to evidence. Their judgment, however shall not extend further 
than to removal from office and disqualification to hold or enjoy any 
place of honor, trust, or profit, under this Commonwealth: but the party 
so convicted, shall be, nevertheless, liable to indictment, trial, judgment, 
and punishment, according to the laws of the land. 

Art. IX. [Not less than sixteen members of the senate shall constitute a 
quorum for doing business.] [See Amendments, Arts. XXII and XXXIII.] 



Chapter I. 

Section III. 

House of Representatives. 

Article I. There shall be, in the legislature of this Commonwealth, a 
representation of the people, [annually] elected, and founded upon the 
principle of equality. [See Amendments, Art. LXIV.] 



68 Constitution of Massachusetts. 



Art. II. [And in order to provide for a representation of the citizens of 
this Commonwealth, founded upon the principle of equality, every 
corporate town containing one hundred and fifty ratable polls, may elect 
one representative; every corporate town, containing three hundred and 
seventy-five ratable polls, may elect two representatives; every corporate 
town containing six hundred ratable polls may elect three 
representatives; and proceeding in that manner, making two hundred and 
twenty-five ratable polls, the mean increasing number for every 
additional representative. [See Amendments, Arts. XII, XIII, XXI, 
LXXI, XCII, CI and CIX.] 

Provided nevertheless, that each town now incorporated, not having 
one hundred and fifty ratable polls, may elect one representative: but no 
place shall hereafter be incorporated with the privilege of electing a 
representative, unless there are within the same one hundred and fifty 
ratable polls.] 

And the house of representatives shall have power from time to time 
to impose fines upon such towns as shall neglect to choose and return 
members to the same, agreeably to this constitution. 

[The expenses of travelling to the general assembly, and returning 
home, once in every session, and no more, shall be paid by the 
government, out of the public treasury, to every member who shall attend 
as seasonably as he can, in the judgment of the house, and does not 
depart without leave.] [See Amendments, Art. XXXV.] 

Art. III. Every member of the house of representatives shall be chosen 
by written vote; [and for one year at least next preceding his election, 
shall have been an inhabitant of, and have been seized in his own right of 
a freehold of the value of one hundred pounds within the town he shall 
be chosen to represent, or any ratable estate to the value of two hundred 
pounds; and he shall cease to represent the said town immediately on his 
ceasing to be qualified as aforesaid.] [See Amendments, Arts. XIII, XXI, 
LXXI, XCII, CI and CIX.] 

Art. IV. [Every male person, being twenty-one years of age, and 
resident in any particular town in this Commonwealth for the space of 
one year next preceding, having a freehold estate within the same town 
of the annual income of three pounds, or any estate of the value of sixty 
pounds, shall have a right to vote in the choice of a representative, or 
representatives for the said town.] [See Amendments, Arts. Ill, XX, 
XXIII, XXVI, XXVIII, XXX, XXXI, XXXII, XLV, LXXVI, XCIII, 
XCIV, XCV and C] 



Constitution of Massachusetts. 69 



Art. V. [The members of the house of representatives shall be chosen 
annually in the month of May, ten days at least before the last 
Wednesday of that month.] [See Amendments, Arts. X, XV and LXIV.] 

Art. VI. The house of representatives shall be the grand inquest of 
this Commonwealth; and all impeachments made by them shall be heard 
and tried by the senate. 

Art. VII. All money bills shall originate in the house of 
representatives; but the senate may propose or concur with amendments, 
as on other bills. 

Art. VIII. The house of representatives shall have power to adjourn 
themselves; provided such adjournment shall not exceed two days at a 
time. [See Amendments, Arts. LII and CIL] 

Art IX. [Not less than sixty members of the house of representatives, 
shall constitute a quorum for doing business.] [See Amendments, Arts. 
XXI and XXXIII.] 

Art. X. The house of representatives shall be the judge of the returns, 
elections, and qualifications of its own members, as pointed out in the 
constitution; shall choose their own speaker; appoint their own officers, 
and settle the rules and orders of proceeding in their own house. They 
shall have authority to punish by imprisonment, every person, not a 
member, who shall be guilty of disrespect to the house, by any 
disorderly, or contemptuous behavior in its presence; or who, in the town 
where the general court is sitting, and during the time of its sitting, shall 
threaten harm to the body or estate of any of its members, for any thing 
said or done in the house; or who shall assault any of them therefor; or 
who shall assault, or arrest, any witness, or other person, ordered to 
attend the house, in his way in going or returning; or who shall rescue 
any person arrested by the order of the house. 

And no member of the house of representatives shall be arrested, or 
held to bail on mesne process, during his going unto, returning from, or 
his attending the general assembly. 

Art. XI. The senate shall have the same powers in the like cases; and 
the governor and council shall have the same authority to punish in like 
cases. Provided that no imprisonment on the warrant or order of the 
governor, council, senate, or house of representatives, for either of the 
above described offenses, be for a term exceeding thirty days. 



70 Constitution of Massachusetts. 



And the senate and house of representatives may try and determine all 
cases where their rights and privileges are concerned, and which, by the 
constitution, they have authority to try and determine, by committees of 
their own members, or in such other way as they may respectively think 
best. 



Chapter II. 

EXECUTIVE POWER. 

Section I. 

Governor. 

Article I. There shall be a supreme executive magistrate, who shall 
be styled - The Governor of the Commonwealth of Massachusetts; 
and whose title shall be - His Excellency. 

Art. II. The governor shall be chosen [annually]: and no person shall 
be eligible to this office, unless at the time of his election, he shall have 
been an inhabitant of this Commonwealth for seven years next 
preceding; [and unless he shall at the same time, be seized, in his own 
right, of a freehold within the Commonwealth of the value of one 
thousand pounds; and unless he shall declare himself to be of the 
Christian religion.] [See Amendments, Arts. VII, XXXIV, LXIV and 
LXXX.] 

Art. III. Those persons who shall be qualified to vote for senators and 
representatives within the several towns of this Commonwealth shall, at 
a meeting to be called for that purpose, on the [first Monday of April an- 
nually], give in their votes for a governor, to the selectmen, who shall 
preside at such meetings; and the town clerk, in the presence and with 
the assistance of the selectmen, shall, in open town meeting, sort and 
count the votes, and form a list of the persons voted for, with the number 
of votes for each person against his name; and shall make a fair record of 
the same in the town books, and a public declaration thereof in the said 
meeting; and shall, in the presence of the inhabitants, seal up copies of 
the said list, attested by him and the selectmen, and transmit the same to 
the sheriff of the county, thirty days at least before the [last Wednesday 
in May]; and the sheriff shall transmit the same to the secretary's office, 
seventeen days at least before the said [last Wednesday in May]; or the 



Constitution of Massachusetts. 71 



selectmen may cause returns of the same to be made to the office of the 
secretary of the Commonwealth, seventeen days at least before the said 
day; and the secretary shall lay the same before the senate and the house 
of representatives, on the [last Wednesday in May], to be by them 
examined: and in case of an election by a [majority] of all the votes 
returned, the choice shall be by them declared and published. But if no 
person shall have a [majority] of votes, the house of representatives 
shall, by ballot, elect two out of four persons who had the highest 
number of votes, if so many shall have been voted for; but, if otherwise, 
out of the number voted for; and make return to the senate of the two 
persons so elected; on which the senate shall proceed, by ballot, to elect 
one, who shall be declared governor. [See Amendments. Arts. II, X, 
XIV, XV, XLV, LXIV, LXXVI and LXXX.] 

Art IV. The governor shall have authority from time to time, at his 
discretion, to assemble and call together the councillors of this Common- 
wealth for the time being; and the governor with the said councillors, or 
five of them at least, shall, and may, from time to time, hold and keep a 
council, for the ordering and directing the affairs of the Commonwealth, 
agreeably to the constitution and the laws of the land. 

Art. V. The governor, with advice of council, shall have full power 
and authority, during the session of the general court to adjourn or 
prorogue the same to any time the two houses shall desire; [and to 
dissolve the same on the day next preceding the last Wednesday in May;] 
and, in the recess of the said court, to prorogue the same from time to 
time, not exceeding ninety days in any one recess; and to call it together 
sooner than the time to which it may be adjourned or prorogued, if the 
welfare of the Commonwealth shall require the same: and in case of any 
infectious distemper prevailing in the place where the said court is next 
at any time to convene, or any other cause happening whereby danger 
may arise to the health or lives of the members from their attendance, he 
may direct the session to be held at some other the most convenient place 
within the state. 

[And the governor shall dissolve the said general court on the day 
next preceding the last Wednesday in May.] [See Amendments, Arts. X, 
LXXII and LXXV] 

Art. VI. In cases of disagreement between the two houses, with 
regard to the necessity, expediency or time of adjournment, or proro- 
gation, the governor, with advice of the council, shall have a right to 
adjourn or prorogue the general court, not exceeding ninety days, as he 
shall determine the public good shall require. 



72 Constitution of Massachusetts. 



Art. VII. [The governor of this Commonwealth for the time being, 
shall be the commander-in-chief of the army and navy, and of all the 
military forces of the state, by sea and land; and shall have full power by 
himself, or by any commander, or other officer or officers, from time to 
time, to train, instruct, exercise and govern the militia and navy; and for 
the special defense and safety of the Commonwealth, to assemble in 
martial array, and put in warlike posture, the inhabitants thereof, and to 
lead and conduct them, and with them, to encounter, repel, resist, expel 
and pursue, by force of arms, as well as by sea as by land, within or 
without the limits of this Commonwealth, and also to kill, slay, and 
destroy, if necessary, and conquer, by all fitting ways, enterprises, and 
means whatsoever, all and every such person and persons as shall, at any 
time hereafter, in a hostile manner, attempt or enterprise the destruction, 
invasion, detriment, or annoyance of this Commonwealth; and to use and 
exercise, over the army and navy, and over the militia in actual service, 
the law martial, in time of war or invasion, and also in time of rebellion, 
declared by the legislature to exist, as occasion shall necessarily require; 
and to take and surprise by all ways and means whatsoever, all and every 
such person or persons, with their ships, arms, ammunition and other 
goods, as shall, in a hostile manner, invade, or attempt the invading, 
conquering, or annoying this Commonwealth; and the governor be 
intrusted with all these and other powers, incident to the offices of 
captain-general and commander-in-chief, and admiral, to be exercised 
agreeably to the rules and regulations of the constitution, and the laws of 
the land, and not otherwise. 

Provided, that the said governor shall not, at any time hereafter, by 
virtue of any power by this constitution granted, or hereafter to be 
granted to him by the legislature, transport any of the inhabitants of this 
Commonwealth, or oblige them to march out of the limits of the same, 
without their free and voluntary consent, or the consent of the general 
court; except so far as may be necessary to march or transport them by 
land or water, for the defense of such part of the state to which they 
cannot otherwise conveniently have access.] [Annulled and superseded 
by Amendments, Art. LIV.] 

Art. VIII. [The power of pardoning offenses, except such as persons 
may be convicted of before the senate by an impeachment of the house, 
shall be in the governor, by and with the advice of council: but no charter 
of pardon, granted by the governor, with advice of the council before 
conviction, shall avail the party pleading the same, notwithstanding any 
general or particular expressions contained therein, descriptive of the 
offence or offenses intended to be pardoned.] [Annulled and superseded 
by Amendments, Art. LXXIII.] 



Constitution of Massachusetts. 73 



Art. IX. All judicial officers, [the attorney-general,] the solicitor- 
general, [all sheriffs.] coroners, [and registers of probate,] shall be 
nominated and appointed by the governor, by and with the advice and 
consent of the council; and every such nomination shall be made by the 
governor, and made at least seven days prior to such appointment. [See 
Amendments, Arts. XVII, XLVIII, The Initiative, II, sect. 2, The 
Referendum, III. sect. 2, and LXIV.] [For provision as to election of 
sheriffs, registers of probate, etc., see Amendments, Art. XIX.] [For 
provision as to appointment of notaries public, see Amendments, Arts. IV, 
LVII and LXIX, sect. 2.] 

Art. X. [The captains and subalterns of the militia shall be elected by 
the written votes of the train-band and alarm list of their respective 
companies, of twenty-one years of age and upwards: the field officers of 
regiments shall be elected by the written votes of the captains and 
subalterns of their respective regiments: the brigadiers shall be elected in 
like manner, by the field officers of their respective brigades: and such 
officers, so elected, shall be commissioned by the governor, who shall 
determine their rank. [See Amendments, Art. V.] 

The legislature shall, by standing laws, direct the time and manner of 
convening the electors, and of collecting votes, and of certifying to the 
governor, the officers elected. 

The major-generals shall be appointed by the senate and house of repre- 
sentatives, each having a negative upon the other: and be commissioned by 
the governor. [See Amendments, Art. IV.] 

And if the electors of brigadiers, field officers, captains or subalterns, 
shall neglect or refuse to make such elections, after being duly notified, 
according to the laws for the time being, then the governor, with advice 
of council shall appoint suitable persons to fill such offices. 

And no officer, duly commissioned to command in the militia, shall 
be removed from his office, but by the address of both houses to the 
governor, or by fair trial in court-martial pursuant to the laws of the 
Commonwealth for the time being. [See Amendments, Art. IV.] 

The commanding officers of regiments shall appoint their adjutants 
and quartermasters; the brigadiers their brigade-majors; and the major- 
generals their aids; and the governor shall appoint the adjutant-general. 

The governor, with advice of council, shall appoint all officers of the 
continental army, whom by the confederation of the United States it is 
provided that this Commonwealth shall appoint, as also all officers of 
forts and garrisons. 

The divisions of the militia into brigades, regiments and companies, 
made in pursuance of the militia laws now in force, shall be considered 
as the proper divisions of the militia of this Commonwealth, until the 



74 Constitution of Massachusetts. 



same shall be altered in pursuance of some future law.] [Annulled and 
superseded by Amendments, Art. LIII.] 

Art. XI. No moneys shall be issued out of the treasury of this 
Commonwealth, and disposed of (except such sums as may be appro- 
priated for the redemption of bills of credit or treasurer's notes, or for the 
payment of interest arising thereon) but by warrant under the hand of the 
governor for the time being, with the advice and consent of the council, 
for the necessary defense and support of the Commonwealth; and for the 
protection and preservation of the inhabitants thereof, agreeably to the 
acts and resolves of the general court. [See Amendments, Art. XLVIII, 
The Initiative, II, sect. 2, and The Referendum, III, sect. 2.] 

Art. XII. All public boards, [the commissary-general,] all super- 
intending officers of public magazines and stores, belonging to this 
Commonwealth, and all commanding officers of forts and garrisons 
within the same, shall once in every three months, officially, and without 
requisition, and at other times, when required by the governor, deliver to 
him an account of all goods, stores, provisions, ammunition, cannon with 
their appendages, and small arms with their accoutrements, and all other 
public property whatever under their care respectively; distinguishing the 
quantity, number, quality and kind of each, as particularly as may be; 
together with the condition of such forts and garrisons; and the said 
commanding officer shall exhibit to the governor, when required by him, 
true and exact plans of such forts, and of the land and sea or harbor or 
harbors adjacent. 

And the said boards, and all public officers, shall communicate to the 
governor, as soon as may be after receiving the same, all letters, 
dispatches, and intelligences of a public nature, which shall be directed 
to them respectively. [See Amendments, Art. LIII.] 

Art. XIII. As the public good requires that the governor should not be 
under the undue influence of any of the members of the general court by 
a dependence on them for his support, that he should in all cases, act 
with freedom for the benefit of the public, that he should not have his 
attention necessarily diverted from that object to his private concerns, 
and that he should maintain the dignity of the Commonwealth in the 
character of its chief magistrate, it is necessary that he should have an 
honorable stated salary, of a fixed and permanent value, amply sufficient 
for those purposes, and established by standing laws: and it shall be 
among the first acts of the general court, after the commencement of this 
constitution, to establish such salary by law accordingly. 



Constitution of Massachusetts. 75 



Permanent and honorable salaries shall also be established by law for 
the justices of the supreme judicial court. 

And if it shall be found that any of the salaries aforesaid, so 
established, are insufficient, they shall, from time to time be enlarged as 
the general court shall judge proper. [See Amendments, Art. XLVIII, 
The Initiative, sect. 2, The Referendum, III, sect. 2.] 



CHAPTER II. 

Section II. 

Lieutenant-Governor. 

Article I. There shall be [annually] elected a lieutenant-governor of 
the Commonwealth of Massachusetts, whose title shall be - His Honor; 
and who shall be qualified, in point of [religion, property,] and residence 
in the Commonwealth, in the same manner with the governor, and the 
day and manner of his election, and the qualifications of the electors, 
shall be the same as are required in the election of a governor. The return 
of the votes for this officer, and the declaration of his election, shall 
be in the same manner: and if no one person shall be found to have 
[a majority] of all the votes returned, the vacancy shall be filled by the 
senate and house of representatives, in the same manner as the governor 
is to be elected, in case no one person shall have [a majority] of the votes 
of the people to be governor. [See Amendments, Arts. VII, XIV, 
XXXIV, LXIV and LXXX.] 

Art. II. The governor, and in his absence the lieutenant-governor, 
shall be president of the council, but shall have no vote in council: and 
the lieutenant-governor shall always be a member of the council except 
when the chair of the governor shall be vacant. 

Art. III. Whenever the chair of the governor shall be vacant, by 
reason of his death, or absence from the Commonwealth, or otherwise, 
the lieutenant-governor, for the time being, shall, during such vacancy, 
perform all the duties incumbent upon the governor, and shall have and 
exercise all the powers and authorities, which by this constitution the 
governor is vested with, when personally present. [See Amendments, 
Art. LV.l 



76 Constitution of Massachusetts. 

Chapter II. 

Section III. 

Council, and the Manner of Settling Elections by the Legislature. 

Article I. There shall be a council for advising the governor in the 
executive part of government, to consist of [nine] persons besides the 
lieutenant-governor, whom the governor, for the time being, shall have 
full power and authority, from time to time, at his discretion, to assemble 
and call together. And the governor, with the said councillors, or five of 
them at least, shall and may, from time to time, hold and keep a council, 
for the ordering and directing the affairs of the Commonwealth, 
according to the laws of the land. [See Amendments, Art. XVI.] 

Art. II. [Nine councillors shall be annually chosen from among the 
persons returned for councillors and senators, on the last Wednesday in 
May, by the joint ballot of the senators and representatives assembled 
in one room: and in case there shall not be found upon the first choice, 
the whole number of nine persons who will accept a seat in the council, 
the deficiency shall be made up by the electors aforesaid from among the 
people at large; and the number of senators left shall constitute the senate 
for the year. The seats of the persons thus elected from the senate, and 
accepting the trust, shall be vacated in the senate.] [See Amendments, 
Arts. X, XIII, XXV and LXIV.] [Superseded by Amendments, Art. XVI.] 

Art. III. The councillors, in the civil arrangements of the Common- 
wealth, shall have rank next after the lieutenant-governor. 

Art. IV. [Not more than two councillors shall be chosen out of any one 
district of this Commonwealth.] [Superseded by Amendments, Art. XVI.] 

Art. V. The resolutions and advice of the council shall be recorded in 
a register, and signed by the members present; and this record may be 
called for at any time by either house of the legislature; and any member 
of the council may insert his opinion, contrary to the resolution of the 
majority. 

Art. VI. [Whenever the office of the governor and lieutenant- 
governor shall be vacant, by reason of death, absence, or otherwise, then 
the council, or the major part of them, shall, during such vacancy have 
full power and authority to do, and execute, all and every such acts, 
matters and things, as the governor or the lieutenant-governor might or 



Constitution of Massachusetts. 11 



could, by virtue of this constitution, do or execute, if they, or either of 
them, were personally present.] [Annulled and superseded by Amend- 
ments, Art. LV.] 

Art. VII. [And whereas the elections appointed to be made by this 
constitution, on the last Wednesday in May annually, by the two houses 
of the legislature, may not be completed on that day, the said elections 
may be adjourned from day to day until the same shall be completed. 
And the order of elections shall be as follows: the vacancies in the 
senate, if any, shall first be filled up; the governor and lieutenant- 
governor shall then be elected, provided there should be no choice of 
them by the people: and afterwards the two houses shall proceed to the 
election of the council.] [See Amendments, Art. LXIV.] [Superseded by 
Amendments, Arts. XVI and XXV. 1 



Chapter II. 

Section IV. 

Secretary, Treasurer, Commissary, etc. 

Article I. [The secretary, treasurer and receiver general, and the 
commissary-general, notaries public, and naval officers, shall be chosen 
annually, by joint ballot of the senators and representatives in one room. 
And that the citizens of this Commonwealth may be assured, from time 
to time, that the moneys remaining in the public treasury, upon the 
settlement and liquidation of the public accounts, are their property, no 
man shall be eligible as treasurer and receiver general more than five 
years successively.] [See Amendments, Arts. XVII, LXIV, LXXIX, 
LXXX and LXXXIL] [For provision as to appointment of notaries public 
and the commissary-general, see Amendments, Arts. IV, LIII and LVII; 
see also Amendments, Art. LXIX.] 

Art. II. The records of the Commonwealth shall be kept in the office 
of the secretary, who may appoint his deputies, for whose conduct he 
shall be accountable, and he shall attend the governor and council, the 
senate and house of representatives, in person, or by his deputies, as they 
shall respectively require. 



78 Constitution of Massachusetts. 



Chapter III. 

JUDICIARY POWER. 

Article I. The tenure, that all commissioned officers shall by law have 
in their offices, shall be expressed in their respective commissions. All 
judicial officers, duly appointed, commissioned and sworn, shall hold 
their offices during good behavior, excepting such concerning whom 
there is different provision made in this constitution: Provided 
nevertheless, the governor, with consent of the council, may remove 
them upon the address of both houses of the legislature. [For tenure, etc. 
of judges, see Amendments, Art. XLVIII, The Initiative, II, sect. 2, and 
The Referendum, III, sect. 2.] [For retirement of judicial officers, see 
Amendments, Art. LVIII.] [For removal of justices of the peace and 
notaries public, see Amendments, Art. XXXVII.] [Annulled by Amend- 
ments, Art. XCVIII.] 

Art. II. [Each branch of the legislature, as well as the governor and 
council, shall have authority to require the opinions of the justices of the 
supreme judicial court, upon important questions of law, and upon 
solemn occasions.] [Amended and superseded by Art. LXXXV.] 

Art. III. In order that the people may not suffer from the long 
continuance in place of any justice of the peace, who shall fail of 
discharging the important duties of his office with ability or fidelity, all 
commissions of justices of the peace shall expire and become void, in the 
term of seven years from their respective dates; and upon the expiration 
of any commission, the same may, if necessary, be renewed, or another 
person appointed, as shall most conduce to the well-being of the 
Commonwealth. [See Amendments, Art. XXXVII.] 

Art. IV. The judges of probate of wills, and for granting letters of 
administration, shall hold their courts at such place or places, on fixed 
days, as the convenience of the people shall require. And the legislature 
shall from time to time, hereafter appoint such times and places; until 
which appointments, the said courts shall be holden at the times and 
places which the respective judges shall direct. 

Art. V. All causes of marriage, divorce, and alimony, and all appeals 
from the judges of probate shall be heard and determined by the 
governor and council, until the legislature shall, by law, make other 
provision. 



Constitution of Massachusetts. 79 



Chapter IV. 

DELEGATES TO CONGRESS. 

[The delegates of this Commonwealth to the congress of the United 
States, shall, some time in the month of June annually, be elected by the 
joint ballot of the senate and house of representatives, assembled together 
in one room; to serve in congress for one year, to commence on the first 
Monday in November then next ensuing. They shall have commissions 
under the hand of the governor, and the great seal of the Commonwealth; 
but may be recalled at any time within the year, and others chosen and 
commissioned, in the same manner, in their stead.] [Annulled by the 
adoption of the Constitution of the United States, July 26, 1788.] 



Chapter V. 



THE UNIVERSITY AT CAMBRIDGE, AND 
ENCOURAGEMENT OF LITERATURE, ETC. 

Section I. 

The University. 

Article I. Whereas our wise and pious ancestors, so early as the year 
one thousand six hundred and thirty-six, laid the foundation of Harvard 
College, in which university many persons of great eminence have, by 
the blessing of God, been initiated in those arts and sciences, which 
qualified them for public employments, both in church and state: and 
whereas the encouragement of arts and sciences, and all good literature, 
tends to the honor of God, the advantage of the Christian religion, and 
the great benefit of this and the other United States of America - it is 
declared, that the President and Fellows of Harvard College, in 
their corporate capacity, and their successors in that capacity, their 
officers and servants, shall have, hold, use, exercise and enjoy, all the 
powers, authorities, rights, liberties, privileges, immunities and 
franchises, which they now have, or are entitled to have, hold, use, 
exercise and enjoy: and the same are hereby ratified and confirmed unto 
them, the said president and fellows of Harvard College, and to their 
successors, and to their officers and servants, respectively, forever. 



80 Constitution of Massachusetts. 



Art. II. And whereas there have been at sundry times, by divers 
persons, gifts, grants, devises of houses, lands, tenements, goods, 
chatties, legacies and conveyances, heretofore made, either to Harvard 
College in Cambridge, in New England, or to the president and fellows 
of Harvard College, or to the said college, by some other description, 
under several charters successively: it is declared: that all the said gifts, 
grants, devises, legacies and conveyances, are hereby forever confirmed 
unto the president and fellows of Harvard College, and to their 
successors in the capacity aforesaid, according to the true intent and 
meaning of the donor or donors, grantor or grantors, devisor or devisors. 

Art. III. [And whereas, by an act of the general court of the colony of 
Massachusetts Bay, passed in the year one thousand six hundred and forty- 
two, the governor and deputy-governor, for the time being, and all the 
magistrates of that jurisdiction, were, with the president, and a number of 
the clergy in the said act described, constituted the overseers of Harvard 
College: and it being necessary, in this new constitution of government to 
ascertain who shall be deemed successors to the said governor, deputy- 
governor and magistrates: it is declared, that the governor, lieutenant- 
governor, council and senate of this Commonwealth, are, and shall be 
deemed, their successors, who with the president of Harvard College, for 
the time being, together with the ministers of the congregational churches 
in the towns of Cambridge, Watertown, Charlestown, Boston, Roxbury, and 
Dorchester, mentioned in the said act, shall be, and hereby are, vested with 
all the powers and authority belonging, or in any way appertaining to the 
overseers of Harvard College; provided, that] nothing herein shall be 
construed to prevent the legislature of this Commonwealth from making 
such alterations in the government of the said university, as shall be 
conducive to its advantage, and the interest of the republic of letters, in as 
full a manner as might have been done by the legislature of the late 
Province of the Massachusetts Bay. 



Chapter V. 

Section II. 

The Encouragement of Literature, etc. 

Wisdom and knowledge, as well as virtue, diffused generally among 
the body of the people, being necessary for the preservation of their 
rights and liberties; and as these depend on spreading the opportunities 



Constitution of Massachusetts. 



and advantages of education in the various parts of the country, and 
among the different orders of the people, it shall be the duty of 
legislatures and magistrates, in all future periods of this Commonwealth, 
to cherish the interests of literature and the sciences, and all seminaries 
of them; especially the university at Cambridge, public schools and 
grammar schools in the towns; to encourage private societies and public 
institutions, rewards and immunities, for the promotion of agriculture, 
arts, sciences, commerce, trades, manufacture, and a natural history of 
the country; to countenance and inculcate the principles of humanity and 
general benevolence, public and private charity, industry and frugality, 
honesty and punctuality in their dealings; sincerity, good humor, and all 
social affections, and generous sentiments among the people. [See 
Amendments, Arts. XVIII, XLVI, XCVI and CHI.] 



Chapter VI. 

oaths and subscriptions; incompatibility of an exclusion from 
offices; pecuniary qualifications; commissions; writs; 
confirmation of laws; habeas corpus; the enacting style; 
continuance of officers; provision for a future revisal of the 
constitution, etc. 

Article I. [Any person chosen governor, lieutenant-governor, councillor, 
senator, or representative, and accepting the trust, shall before he 
proceed to execute the duties of his place or office, make and subscribe 
the following declaration, viz.: 

"I, A. B., do declare, that I believe the Christian religion, and have a 
firm persuasion of its truth; and that I am seized and possessed, in my 
own right, of the property required by the constitution, as one quali- 
fication for the office or place to which I am elected." 

And the governor, lieutenant-governor, and councillors, shall make and 
subscribe the said declaration, in the presence of the two houses of 
assembly; and the senators and representatives, first elected under this 
constitution, before the president and five of the council of the former 
constitution, and forever afterwards before the governor and council for the 
time being.] 

And every person chosen to either of the places or offices aforesaid, as 
also any person appointed or commissioned to any judicial, executive, 
military, or other office under the government, shall, before he enters on the 
discharge of the business of his place or office, take and subscribe the 
following declaration and oaths or affirmations, viz.: 



82 Constitution of Massachusetts. 



["I, A. B., do truly and sincerely acknowledge, profess, testify, and 
declare, that the Commonwealth of Massachusetts is, and of right ought 
to be, a free, sovereign and independent state; and I do swear, that I will 
bear true faith and allegiance to the said Commonwealth, and that I will 
defend that same against traitorous conspiracies and all hostile attempts 
whatsoever: and that I do renounce and abjure all allegiance, subjection, 
and obedience to the king, queen, or government of Great Britain (as the 
case may be) and every other foreign power whatsoever: and that no 
foreign prince, person, prelate, state or potentate, hath, or ought to have, 
any jurisdiction, superiority, pre-eminence, authority, dispensing or other 
power, in any matter, civil, ecclesiastical or spiritual, within this 
Commonwealth, except the authority and power which is or may be 
vested by their constituents in the congress of the United States: and I do 
further testify and declare, that no man or body of men hath or can have 
any right to absolve or discharge me from the obligation of this oath, 
declaration, or affirmation and that I do make this acknowledgment, 
profession, testimony, declaration, denial, renunciation and abjuration, 
heartily and truly, according to the common meaning and acceptation of 
the foregoing words, without any equivocation, mental evasion, or secret 
reservation whatsoever. So help me God."] 

"I, A. B., do solemnly swear and affirm, that I will faithfully and 
impartially discharge and perform all the duties incumbent on me as ; 
according to the best of my abilities and understanding, agreeably, to the 
rules and regulations of the constitution and the laws of this Common- 
wealth. So help me God." 

Provided always, that when any person chosen or appointed as 
aforesaid, shall be of the denomination of the people called Quakers, and 
shall decline taking the said oath[s], he shall make his affirmation in the 
foregoing form and subscribe the same, omitting the words ['7 do 
swear" "and abjure" "oath or," "and abjuration" in the first oath; and 
in the second oath, the words] "swear and" and [in each of them] the 
words "So help me God;" subjoining instead thereof, "This I do under 
the pains and penalties of perjury." [See Amendments, Art. VI.] 

And the said oaths or affirmations shall be taken and subscribed by 
the governor, lieutenant-governor, and councillors, before the president 
of the senate, in the presence of the two houses of assembly; and by the 
senators and representatives first elected under this constitution, before 
the president and five of the council of the former constitution; and 
forever afterwards before the governor and council for the time being: 
and by the residue of the officers aforesaid, before such persons and in 
such manner as from time to time shall be prescribed by the legislature. 
[See Amendments, Arts. VI and VII.] 



Constitution of Massachusetts. 83 



Art. II. No governor, lieutenant-governor, or judge of the supreme 
judicial court, shall hold any other office or place, under the authority of 
this Commonwealth, except such as by this constitution they are 
admitted to hold, saving that the judges of the said court may hold the 
offices of justices of the peace through the state; nor shall they hold any 
other place or office, or receive any pension or salary from any other 
state or government or power whatever. [See Amendments. Art. VIII.] 

No person shall be capable of holding or exercising at the same time, 
within this state more than one of the following offices, viz.: judge of 
probate - sheriff - register of probate - or register of deeds: and never 
more than any two offices which are to be held by appointment of the 
governor, or the governor and council, or the senate, or the house of 
representatives, or by the election of the people of the state at large, or of 
the people of any county, military offices and the offices of justices of 
the peace excepted, shall be held by one person. 

No person holding the office of judge of the supreme judicial court - 
secretary - attorney-general - solicitor-general - treasurer or receiver 
general -judge of probate - commissary-general - [president, professor, 
or instructor of Harvard College -] sheriff - clerk of the house of 
representatives - register of probate - register of deeds - clerk of the 
supreme judicial court - clerk of the inferior court of common pleas - or 
officer of the customs, including in this description naval officers - shall 
at the same time have a seat in the senate or house of representatives; but 
their being chosen or appointed to, and accepting the same, shall operate 
as a resignation of their seat in the senate or house of representatives; 
and the place so vacated shall be filled up. [See Amendments, Arts. VIII 
and XXVII.] 

And the same rule shall take place in case any judge of the said supreme 
judicial court, or judge of probate, shall accept a seat on council; or any 
councillor shall accept of either of those offices or places. 

And no person shall ever be admitted to hold a seat in the legislature, 
or any office of trust or importance under the government of this 
Commonwealth, who shall, in the due course of law, have been 
convicted of bribery or corruption in obtaining an election or appoint- 
ment. [See Amendments, Art. LXV.] 

Art. III. [In all cases where sums of money are mentioned in this 
constitution, the value thereof shall be computed in silver at six shillings 
and eight pence per ounce: and it shall be in the power of the legislature 
from time to time to increase such qualifications, as to property, of the 
persons to be elected to offices, as the circumstances of the Common- 
wealth shall require.] [See Amendments, Art. XIII and XXXIV.] 



84 Constitution of Massachusetts. 



Art. IV. All commissions shall be in the name of the Commonwealth 
of Massachusetts, signed by the governor and attested by the secretary or 
his deputy, and have the great seal of the Commonwealth affixed thereto. 

Art. V. All writs, issuing out of the clerk's office in any of the courts 
of law, shall be in the name of the Commonwealth of Massachusetts: 
they shall be under the seal of the court from whence they issue: they 
shall bear test of the first justice of the court to which they shall be 
returnable, who is not a party, and be signed by the clerk of such court. 

Art. VI. All the laws which have heretofore been adopted, used and 
approved in the Province, Colony or State of Massachusetts Bay, and 
usually practiced on in the courts of law, shall still remain and be in full 
force, until altered or repealed by the legislature; such parts only 
excepted as are repugnant to the rights and liberties contained in this 
constitution. 

Art VII. The privilege and benefit of the writ of habeas corpus shall 
be enjoyed in this Commonwealth in the most free, easy, cheap, 
expeditious and ample manner; and shall not be suspended by the 
legislature, except upon the most urgent and pressing occasions, and for 
a limited time not exceeding twelve months. 

Art. VIII. The enacting style, in making and passing all acts, statutes 
and laws, shall be - "Be it enacted by the Senate and House of Represen- 
tatives in General Court assembled, and by the authority of the same." 

Art. IX. [To the end there may be no failure of justice, or danger 
arise to the Commonwealth from a change of the form of government, all 
officers, civil and military, holding commissions under the government 
and people of Massachusetts Bay in New England, and all other officers 
of the said government and people, at the time this constitution shall take 
effect, shall have, hold, use, exercise and enjoy, all the powers and 
authority to them granted or committed, until other persons shall be 
appointed in their stead: and all courts of law shall proceed in the 
execution of the business of their respective departments; and all the 
executive and legislative officers, bodies and powers shall continue in 
full force, in the enjoyment and exercise of all their trusts, employments 
and authority; until the general court and the supreme and executive 
officers under this constitution are designated and invested with their 
respective trusts, powers and authority.] 



Constitution of Massachusetts. 85 



Art. X. [In order the more effectually to adhere to the principles of 
the constitution, and to correct those violations which by any means may 
be made therein, as well as to form such alterations as from experience 
shall be found necessary, the general court which shall be in the year of 
our Lord one thousand seven hundred and ninety-five, shall issue 
precepts to the selectmen of the several towns, and to the assessors of the 
unincorporated plantations, directing them to convene the qualified 
voters of their respective towns and plantations, for the purpose of 
collecting their sentiments on the necessity or expediency of revising the 
constitution, in order to amendments. [See Amendments, Art. IX.] 

And if it shall appear by the returns made, that two-thirds of the 
qualified voters throughout the state, who shall assemble and vote in 
consequence of the said precepts, are in favor of such revision or 
amendment, the general court shall issue precepts, or direct them to be 
issued from the secretary's office to the several towns to elect delegates 
to meet in convention for the purpose aforesaid. 

The said delegates to be chosen in the same manner and proportion as 
their representatives in the second branch of the legislature are by this 
constitution to be chosen.] [Annulled by Amendments, Art. XLVIII.] 

Art. XI. This form of government shall be enrolled on parchment and 
deposited in the secretary's office, and be a part of the laws of the land - 
and printed copies thereof shall be prefixed to the book containing the 
laws of this Commonwealth, in all future editions of the said laws. 



86 Constitution of Massachusetts — Amendments. 



ARTICLES OF AMENDMENT 

Article I. [If any bill or resolve shall be objected to, and not approved 
by the governor; and if the general court shall adjourn within five days 
after the same shall have been laid before the governor for his appro- 
bation, and thereby prevent his returning it with his objections, as 
provided by the constitution, such bill or resolve shall not become a law, 
nor have force as such.] [See Const. Ch. I, § 1, Art. II.] [Annulled and 
superseded by Amendments, Art. XC, sect. 2.] 

Art. II. The general court shall have full power and authority to erect 
and constitute municipal or city governments, in any corporate town or 
towns in this Commonwealth, and to grant to the inhabitants thereof such 
powers, privileges, and immunities, not repugnant to the constitution, as 
the general court shall deem necessary or expedient for the regulation 
and government thereof, and to prescribe the manner of calling and 
holding public meetings of the inhabitants, in wards or otherwise, for the 
election of officers under the constitution, and the manner of returning 
the votes given at such meetings. Provided, that no such government 
shall be erected or constituted in any town not containing twelve 
thousand inhabitants, nor unless it be with the consent, and on the 
application of a majority of the inhabitants of such town, present and 
voting thereon, pursuant to a vote at a meeting duly warned and holden 
for that purpose. And provided, also, that all by-laws, made by such 
municipal or city government, shall be subject, at all times, to be 
annulled by the general court. [See Amendments, Art. LXX.] [Annulled 
by Amendments, Art. LXXXIX.] 

Art. III. Every [male] citizen of [twenty-one] years of age and 
upwards, excepting [paupers and] persons under guardianship, who shall 
have resided [within the commonwealth one year, and] within the town 
or district in which he may claim a right to vote, six calendar months 
next preceding any election of governor, lieutenant-governor, senators or 
representatives, [and who shall have paid, by himself or his parent, 
master or guardian, any state or county tax, which shall, within two years 
next preceding such election, have been assessed upon him in any town 
or district of this commonwealth; and also, every citizen who shall be, by 
law, exempted from taxation, and who shall be, in all other respects, 
qualified as above mentioned,] shall have a right to vote in such election 
of governor, lieutenant-governor, senators and representatives; and no 
other person shall be entitled to vote in such elections. [See Amend- 
ments, Arts. XX, XXIII, XXVI, XXVIII, XXX, XXXI, XXXII, XL, 



Constitution of Massachusetts — Amendments. 87 



LXVIII, LXIX, XCIII, XCIV, XCV, C and CXX.] [For absent voting, 
see Amendments, Arts. XLV and LXXVI.] 

Art. IV. Notaries public shall be appointed by the governor in the 
same manner as judicial officers are appointed, and shall hold their 
offices during seven years, unless sooner removed by the governor, with 
the consent of the council, upon the address of both houses of the 
legislature. [See Amendments, Arts. XXXVII, LVII and LXIX, sect. 2.] 

[In case the office of secretary or treasurer of the commonwealth shall 
become vacant from any cause, during the recess of the general court, the 
governor, with the advice and consent of the council, shall nominate and 
appoint, under such regulations as may be prescribed by law, a 
competent and suitable person to such vacant office, who shall hold the 
same until a successor shall be appointed by the general court.] [This 
paragraph superseded by Amendments, Art. XVII.] 

[Whenever the exigencies of the commonwealth shall require the 
appointment of a commissary-general, he shall be nominated, appointed, 
and commissioned, in such manner as the legislature may, by law, 
prescribe. 

All officers commissioned to command in the militia may be removed 
from office in such manner as the legislature may, by law, prescribe.] [Last 
two paragraphs annulled and superseded by Amendments, Art. LIII.] 

Art. V. [In the elections of captains and subalterns of the militia, all 
the members of their respective companies, as well those under as those 
above the age of twenty-one years, shall have a right to vote.] [Annulled 
by Amendments, Art. LIII.] 

Art. VI. Instead of the oath of the allegiance prescribed by the 
constitution, the following oath shall be taken and subscribed by every 
person chosen or appointed to any office, civil or military, under the 
government of this commonwealth, before he shall enter on the duties of 
his office, to wit: — 

"I, A. B., do solemnly swear, that I will bear true faith and allegiance 
to the Commonwealth of Massachusetts, and will support the constitution 
thereof. So help me, God." 

Provided, That when any person shall be of the denomination called 
Quakers, and shall decline taking said oath, he shall make his affirmation 
in the foregoing form, omitting the word "swear" and inserting instead 
thereof the word "affirm;" and omitting the words "So help me, God," 
and subjoining, instead thereof, the words, "This I do under the pains and 
penalties of perjury." [See Const., Ch. VI, Art. I.] 



Constitution of Massachusetts — Amendments. 



Art. VII. No oath, declaration, or subscription, excepting the oath 
prescribed in the preceding article, and the oath of office, shall be 
required of the governor, lieutenant-governor, councillors, senators, or 
representatives, to qualify them to perform the duties of their respective 
offices. 

Art. VIII. No judge of any court of this commonwealth, (except the 
court of sessions,) and no person holding any office under the authority 
of the United States, (postmasters excepted,) shall, at the same time, hold 
the office of governor, lieutenant-governor, or councillor, or have a seat 
in the senate or house of representatives of this commonwealth; and no 
judge of any court in this commonwealth, (except the court of sessions,) 
nor the attorney-general, solicitor-general, county attorney, clerk of any 
court, sheriff, treasurer and receiver-general, register of probate, nor 
register of deeds, shall continue to hold his said office after being elected 
a member of the Congress of the United States, and accepting that trust; 
but the acceptance of such trust, by any of the officers aforesaid, shall be 
deemed and taken to be a resignation of his said office; and judges of the 
courts of common pleas shall hold no other office under the government 
of this commonwealth, the office of justice of the peace and militia 
offices excepted. [See Amendments, Art. LXV.] 

Art. IX. [If, at any time hereafter, any specific and particular 
amendment or amendments to the constitution be proposed in the general 
court, and agreed to by a majority of the senators and two thirds of the 
members of the house of representatives present and voting thereon, such 
proposed amendment or amendments shall be entered on the journals of 
the two houses, with the yeas and nays taken thereon, and referred to the 
general court then next to be chosen, and shall be published; and if, in 
the general court next chosen as aforesaid, such proposed amendment or 
amendments shall be agreed to by a majority of the senators and two 
thirds of the members of the house of representatives present and voting 
thereon, then it shall be the duty of the general court to submit such 
proposed amendment or amendments to the people; and if they shall be 
approved and ratified by a majority of the qualified voters voting 
thereon, at meetings legally warned and holden for that purpose, they 
shall become part of the constitution of this commonwealth.] [Annulled 
by Amendments, Art. XLVIII, General Provisions, VIII.] 

Art. X. The political year shall begin on the first Wednesday of 
January, instead of the last Wednesday of May; and the general court 
shall assemble every year on the said first Wednesday of January, and 
shall proceed, at that session, to make all the elections, and do all the 



Constitution of Massachusetts — Amendments. 89 



other acts, which are by the constitution required to be made and done at 
the session which has heretofore commenced on the last Wednesday of 
May. And the general court shall be dissolved on the day next preceding 
the first Wednesday of January, without any proclamation or other act of 
the governor. But nothing herein contained shall prevent the general 
court from assembling at such other times as they shall judge necessary, 
or when called together by the governor. [The governor, lieutenant- 
governor and councillors, shall also hold their respective offices for one 
year next following the first Wednesday of January, and until others are 
chosen and qualified in their stead.] [See Amendments, Arts. LXIV, 
LXXII and LXXV.] 

[The meeting for the choice of governor, lieutenant-governor, 
senators, and representatives, shall be held on the second Monday of 
November in every year; but meetings may be adjourned, if necessary, 
for the choice of representatives, to the next day. and again to the next 
succeeding day, but no further. But in case a second meeting shall be 
necessary for the choice of representatives, such meetings shall be held 
on the fourth Monday of the same month of November.] [See Amend- 
ments, Art. LXIV.] [This paragraph superseded by Amendments, 
Art. XV.] 

All the other provisions of the constitution, respecting the elections 
and proceedings of the members of the general court, or of any other 
officers or persons whatever, that have reference to the last Wednesday 
of May, as the commencement of the political year, shall be so far 
altered, as to have like reference to the first Wednesday of January. 

This article shall go into operation on the first day of October, next 
following the day when the same shall be duly ratified and adopted as an 
amendment of the constitution [; and the governor, lieutenant-governor, 
councillors, senators, representatives, and all other state officers, who are 
annually chosen, and who shall be chosen for the current year, when the 
same shall go into operation, shall hold their respective offices until 
the first Wednesday of January then next following, and until others are 
chosen and qualified in their stead, and no longer; and the first election 
of the governor, lieutenant-governor, senators, and representatives, to be 
had in virtue of this article, shall be had conformably thereunto, in the 
month of November following the day on which the same shall be in 
force, and go into operation, pursuant to the foregoing provision]. 

All the provisions of the existing constitution, inconsistent with the 
provisions herein contained, are hereby wholly annulled. [See Amend- 
ments, Art. LXIV.] 

Art. XI. Instead of the third article of the bill of rights, the following 
modification and amendment thereof is substituted: — "As the public 



90 Constitution of Massachusetts — Amendments. 



worship of God and instructions in piety, religion, and morality, promote 
the happiness and prosperity of a people, and the security of a republican 
government; therefore, the several religious societies of this common- 
wealth, whether corporate or unincorporate, at any meeting legally 
warned and holden for that purpose, shall ever have the right to elect 
their pastors or religious teachers, to contract with them for their support, 
to raise money for erecting and repairing houses for public worship for 
the maintenance of religious instruction, and for the payment of neces- 
sary expenses; and all persons belonging to any religious society shall be 
taken and held to be members, until they shall file with the clerk of such 
society a written notice, declaring the dissolution of their membership, 
and thenceforth shall not be liable for any grant or contract which may 
be thereafter made, or entered into by such society; and all religious 
sects and denominations, demeaning themselves peaceably, and as good 
citizens of the commonwealth, shall be equally under the protection of 
the law; and no subordination of any one sect or denomination to another 
shall ever be established by law." [See Amendments, Arts. XLVI and 
XLVI1I, The Initiative, II, sect. 2, and The Referendum, III, sect.2.] 

Art. XII. [In order to provide for a representation of the citizens of 
this commonwealth, founded upon the principles of equality, a census of 
the ratable polls, in each city, town and district of the commonwealth, on 
the first day of May, shall be taken and returned into the secretary's 
office, in such manner as the legislature shall provide, within the month 
of May, in the year of our Lord one thousand eight hundred and thirty- 
seven, and in every tenth year thereafter, in the month of May, in manner 
aforesaid; and each town or city having three hundred ratable polls at the 
last preceding decennial census of polls, may elect one representative, 
and for every four hundred and fifty ratable polls in addition to the first 
three hundred, one representative more. 

Any town having less than three hundred ratable polls shall be 
represented thus: The whole number of ratable polls, at the last preceding 
decennial census of polls, shall be multiplied by ten, and the product 
divided by three hundred; and such town may elect one representative as 
many years within ten years, as three hundred is contained in the product 
aforesaid. 

Any city or town having ratable polls enough to elect one or more 
representatives, with any number of polls beyond the necessary number, 
may be represented, as to that surplus number, by multiplying such 
surplus number by ten and dividing the product by four hundred and 
fifty; and such city or town may elect one additional representative as 
many years, within the ten years, as four hundred and fifty is contained 
in the product aforesaid. 



Constitution of Massachusetts — Amendments. 91 



Any two or more of the several towns and districts may, by consent of 
a majority of the legal voters present at a legal meeting, in each of said 
towns and districts, respectively, called for that purpose, and held 
previous to the first day of July, in the year in which the decennial 
census of polls shall be taken, form themselves into a representative 
district to continue until the next decennial census of polls, for the 
election of a representative, or representatives; and such district shall 
have all the rights, in regard to representation, which would belong to a 
town containing the same number of ratable polls. 

The governor and council shall ascertain and determine, within the 
months of July and August, in the year of our Lord one thousand eight 
hundred and thirty-seven, according to the foregoing principles, the 
number of representatives, which each city, town and representative 
district is entitled to elect, and the number of years, within the period of 
ten years then next ensuing, that each city, town and representative 
district may elect an additional representative, and where any town has 
not a sufficient number of polls to elect a representative each year then 
how many years within the ten years, such town may elect a repre- 
sentative, and the same shall be done once in ten years thereafter by the 
governor and council, and the number of ratable polls in each decennial 
census of polls, shall determine the number of representatives which 
each city, town and representative district may elect as aforesaid; and 
when the number of representatives to be elected by each city, town or 
representative district is ascertained and determined as aforesaid, the 
governor shall cause the same to be published forthwith for the infor- 
mation of the people and that number shall remain fixed and unalterable 
for the period often years. 

All the provisions of the existing constitution inconsistent with the 
provisions herein contained, are hereby wholly annulled.] [Superseded 
by Amendments, Arts. XIII, XXI, LXXI, XCII, CI and CIX.] 

Art. XIII. [A census of the inhabitants of each city and town, on the 
first day of May, shall be taken, and returned into the secretary's office, 
on or before the last day of June, of the year one thousand eight hundred 
and forty, and of every tenth year thereafter; which census shall 
determine the apportionment of senators and representatives for the term 
of ten years. [See Amendments, Arts. XXI, XXII, LXXI, XCII, CI, CIX, 
CXVII and CXIX.] 

The several senatorial districts now existing shall be permanent. The 
senate shall consist of forty members; and in the year one thousand eight 
hundred and forty, and every tenth year thereafter the governor and 
council shall assign the number of senators to be chosen in each district, 
according to the number of inhabitants in the same. But, in all cases, at 



92 Constitution of Massachusetts — Amendments. 



least one senator shall be assigned to each district. [See Amendments, 
Arts. XXII, LXXI, XCII, CI, CIX, CXVII and CXIX.] 

The members of the house of representatives shall be apportioned in 
the following manner: Every town or city containing twelve hundred 
inhabitants may elect one representative; and two thousand four hundred 
inhabitants shall be the mean increasing number, which shall entitle it to 
an additional representative. [See Amendments, Arts. XXI, LXXI, XCII, 
CI and CIX.] 

Every town containing less than twelve hundred inhabitants shall be 
entitled to elect a representative as many times within ten years as the 
number one hundred and sixty is contained in the number of the 
inhabitants of said town. Such towns may also elect one representative 
for the year in which the valuation of estates within the commonwealth 
shall be settled. 

Any two or more of the several towns may, by consent of a majority 
of the legal voters present at a legal meeting, in each of said towns, 
respectively, called for that purpose, and held before the first day of 
August, in the year one thousand eight hundred and forty, and every 
tenth year thereafter, form themselves into a representative district, to 
continue for the term of ten years; and such district shall have all the 
rights, in regard to representation, which would belong to a town 
containing the same number of inhabitants. 

The number of inhabitants which shall entitle a town to elect one 
representative, and the mean increasing number which shall entitle a 
town or city to elect more than one, and also the number by which the 
population of towns not entitled to a representative every year is to be 
divided, shall be increased, respectively, by one-tenth of the numbers 
above mentioned, whenever the population of the commonwealth shall 
have increased to seven hundred and seventy thousand, and for every 
additional increase of seventy thousand inhabitants, the same addition 
of one-tenth shall be made, respectively, to the said numbers above 
mentioned. 

In the year of each decennial census, the governor and council shall, 
before the first day of September, apportion the number of represen- 
tatives which each city, town, and representative district is entitled to 
elect, and ascertain how many years, within ten years, any town may 
elect a representative, which is not entitled to elect one every year; and 
the governor shall cause the same to be published forthwith. 

Nine councillors shall be annually chosen from among the people at 
large, on the first Wednesday of January, or as soon thereafter as may be, 
by the joint ballot of the senators and representatives, assembled in one 
room, who shall, as soon as may be, in like manner, fill up any vacancies 
that may happen in the council, by death, resignation, or otherwise. No 



Constitution of Massachusetts — Amendments. 93 



person shall be elected a councillor, who has not been an inhabitant of 
this commonwealth for the term of five years immediately preceding his 
election; and not more than one councillor shall be chosen from any one 
senatorial district in the commonwealth.] [See Amendments, Arts. XVI, 
LXIV, LXXX, XCII, CI, CIX, CXVII and CXIX.] 

No possession of a freehold, or of any other estate, shall be required 
as a qualification for holding a seat in either branch of the general court, 
or in the executive council. 

Art. XIV. In all elections of civil officers by the people of this 
commonwealth, whose election is provided for by the constitution, the 
person having the highest number of votes shall be deemed and declared 
to be elected. 

Art. XV. The meeting for the choice of governor, lieutenant- 
governor, senators, and representatives, shall be held on the Tuesday 
next after the first Monday in November, annually; but in case of a 
failure to elect representatives on that day, a second meeting shall be 
holden, for that purpose, on the fourth Monday of the same month of 
November. [See Amendments, Art. LXIV and LXXX.] 

Art. XVI. Eight councillors shall be annually chosen by the inhabi- 
tants of this commonwealth, qualified to vote for governor. The election 
of councillors shall be determined by the same rule that is required in the 
election of governor. The legislature, at its first session after this 
amendment shall have been adopted, and at its first session after the next 
state census shall have been taken, and at its first session after each 
decennial state census thereafterwards, shall divide the commonwealth 
into eight districts of contiguous territory, each containing a number of 
inhabitants as nearly equal as practicable, without dividing any town or 
ward of a city, and each entitled to elect one councillor: provided, 
however, that if, at any time, the constitution shall provide for the 
division of the commonwealth into forty senatorial districts, then the 
legislature shall so arrange the councillor districts, that each district shall 
consist of five contiguous senatorial districts, as they shall be, from time 
to time, established by the legislature. No person shall be eligible to the 
office of councillor who has not been an inhabitant of the commonwealth 
for the term of five years immediately preceding his election. The day 
and manner of the election, the return of the votes, and the declaration 
of the said elections, shall be the same as are required in the election of 
governor. [Whenever there shall be a failure to elect the full number 
of councillors, the vacancies shall be filled in the same manner as is 
required for filling vacancies in the senate; and vacancies occasioned by 



94 Constitution of Massachusetts — Amendments. 



death, removal from the state, or otherwise, shall be filled in like 
manner, as soon as may be, after such vacancies shall have happened.] 
And that there may be no delay in the organization of the government on 
the first Wednesday of January, the governor, with at least five 
councillors for the time being, shall, as soon as may be, examine the 
returned copies of the records for the election of governor, lieutenant- 
governor, and councillors; and ten days before the said first Wednesday 
in January he shall issue his summons to such persons as appear to be 
chosen, to attend on that day to be qualified accordingly; and the 
secretary shall lay the returns before the senate and house of represen- 
tatives on the said first Wednesday in January, to be by them examined; 
and in case of the election of either of said officers, the choice shall be 
by them declared and published; but in case there shall be no election of 
either of said officers, the legislature shall proceed to fill such vacancies 
in the manner provided in the constitution for the choice of such officers. 
[See Amendments, Arts. XXV, LXIV and LXXX.] 

Art. XVII. The secretary, treasurer and receiver-general, auditor, and 
attorney-general, shall be chosen [annually], on the day in November 
prescribed for the choice of governor; and each person then chosen as 
such, duly qualified in other respects, shall hold his office for the term of 
[one year] from the third Wednesday in January next thereafter, and until 
another is chosen and qualified in his stead. The qualification of 
the voters, the manner of the election, the return of the votes, and the 
declaration of the election, shall be such as are required in the election of 
governor. In case of a failure to elect either of said officers on the day in 
November aforesaid, or in case of the decease, in the meantime, of the 
person elected as such, such officer shall be chosen on or before the third 
Wednesday in January next thereafter, from the [two persons who had 
the highest number of votes for said offices on the day in November 
aforesaid], by joint ballot of the senators and representatives, in one 
room; and in case the office of secretary, or treasurer and receiver- 
general, or auditor, or attorney-general, shall become vacant, from any 
cause, during an annual or special session of the general court, such 
vacancy shall in like manner be filled by choice from the people at large; 
but if such vacancy shall occur at any other time, it shall be supplied by 
the governor by appointment, with the advice and consent of the council. 
The person so chosen or appointed, duly qualified in other respects, shall 
hold his office until his successor is chosen and duly qualified in his 
stead. In case any person chosen or appointed to either of the offices 
aforesaid, shall neglect, for the space often days after he could otherwise 
enter upon his duties, to qualify himself in all respects to enter upon the 
discharge of such duties, the office to which he has been elected or 



Constitution of Massachusetts — Amendments. 95 



appointed shall be deemed vacant. No person shall be eligible to either of 
said offices unless he shall have been an inhabitant of this common- 
wealth five years next preceding his election or appointment. [See 
Amendments, Arts. LXIV, LXXIX and LXXX.] 

Art. XVIII. [All moneys raised by taxation in the towns and cities for 
the support of public schools, and all moneys which may be appropriated 
by the state for the support of common schools, shall be applied to, and 
expended in, no other schools than those which are conducted according 
to law, under the order and superintendence of the authorities of the town 
or city in which the money is to be expended; and such money shall never 
be appropriated to any religious sect for the maintenance, exclusively, of its 
own school.] [Superseded by Amendments, Arts. XL VI, XCVI and CHI.] 

Art. XIX. The legislature shall prescribe, by general law, for the 
election of sheriffs, registers of probate, [commissioners of insolvency,] 
and clerks of the courts, by the people of the several counties, and that 
district-attorneys shall be chosen by the people of the several districts, 
for such term of office as the legislature shall prescribe. [See Amend- 
ments, Art. XXXVI.] 

Art. XX. No person shall have the right to vote, or be eligible to 
office under the constitution of this commonwealth, who shall not be 
able to read the constitution in the English language, and write his name: 
provided, however, that the provisions of this amendment shall not apply 
to any person prevented by a physical disability from complying with its 
requisitions, nor to any person who now has the right to vote, nor to any 
persons who shall be sixty years of age or upwards at the time this 
amendment shall take effect. [See Amendments, Arts. Ill, XXIII, XXVI, 
XXVIII, XXX, XXXI, XXXII, XL, XLV and LXXVI] 

Art. XXI. [A census of the legal voters of each city and town, on the 
first day of May, shall be taken and returned into the office of the 
secretary of the commonwealth, on or before the last day of June, in the 
year one thousand eight hundred and fifty-seven; and a census of the 
inhabitants of each city and town, in the year one thousand eight hundred 
and sixty-five, and of every tenth year thereafter. In the census aforesaid, 
a special enumeration shall be made of the legal voters; and in each city, 
said enumeration shall specify the number of such legal voters aforesaid, 
residing in each ward of such city. The enumeration aforesaid shall 
determine the apportionment of representatives for the periods between 
the taking of the census. 



96 Constitution of Massachusetts — Amendments. 



The house of representatives shall consist of two hundred and forty 
members, which shall be apportioned by the legislature, at its first 
session after the return of each enumeration as aforesaid, to the several 
counties of the commonwealth, equally, as nearly as may be, according 
to their relative numbers of legal voters, as ascertained by the next 
preceding special enumeration; and the town of Cohasset, in the county 
of Norfolk, shall, for this purpose, as well as in the formation of districts, 
as hereinafter provided, be considered a part of the county of Plymouth; 
and it shall be the duty of the secretary of the commonwealth, to certify, 
as soon as may be after it is determined by the legislature, the number of 
representatives to which each county shall be entitled, to the board 
authorized to divide each county into representative districts. The mayor 
and aldermen of the city of Boston, the county commissioners of other 
counties than Suffolk, — or in lieu of the mayor and aldermen of the city 
of Boston, or of the county commissioners in each county other than 
Suffolk, such board of special commissioners in each county, to be 
elected by the people of the county, or of the towns therein, as may for 
that purpose be provided by law, — shall, on the first Tuesday of August 
next after each assignment of representatives to each county, assemble at 
a shire town of their respective counties, and proceed, as soon as may be, 
to divide the same into representative districts of contiguous territory, so 
as to apportion the representation assigned to each county equally, as 
nearly as may be, according to the relative number of legal voters in the 
several districts of each county; and such districts shall be so formed that 
no town or ward of a city shall be divided therefor, nor shall any district 
be made which shall be entitled to elect more than three representatives. 
Every representative, for one year at least next preceding his election, 
shall have been an inhabitant of the district for which he is chosen and 
shall cease to represent such district when he shall cease to be an 
inhabitant of the commonwealth. The districts in each county shall be 
numbered by the board creating the same, and a description of each, with 
the numbers thereof and the number of legal voters therein, shall be 
returned by the board, to the secretary of the commonwealth, the county 
treasurer of each county, and to the clerk of every town in each district, 
to be filed and kept in their respective offices. The manner of calling and 
conducting the meetings for the choice of representatives, and of 
ascertaining their election, shall be prescribed by law.] [Not less than 
one hundred members of the house of representatives shall constitute a 
quorum for doing business; but a less number may organize temporarily, 
adjourn from day to day, and compel the attendance of absent members.] 
[Annulled and superseded by Amendments, Arts. XXXIII, LXXI, XCII, 
CI, CIX, CXVII and CXIX.] 



Constitution of Massachusetts — Amendments. 97 



Art. XXII. [A census of the legal voters of each city and town, 
on the first day of May, shall be taken and returned into the office of the 
secretary of the commonwealth, on or before the last day of June, in 
the year one thousand eight hundred and fifty-seven; and a census of the 
inhabitants of each city and town, in the year one thousand eight hundred 
and sixty-five, and of every tenth year thereafter. In the census aforesaid, 
a special enumeration shall be made of the legal voters, and in each city 
said enumeration shall specify the number of such legal voters aforesaid, 
residing in each ward of such city. The enumeration aforesaid shall 
determine the apportionment of senators for the periods between the 
taking of the census. The senate shall consist of forty members. The 
general court shall, at its first session after each next preceding special 
enumeration, divide the commonwealth into forty districts of adjacent 
territory, each district to contain, as nearly as may be, an equal number 
of legal voters, according to the enumeration aforesaid: provided, 
however, that no town or ward of a city shall be divided therefor; and 
such districts shall be formed, as nearly as may be, without uniting two 
counties, or parts of two or more counties, into one district. Each district 
shall elect one senator, who shall have been an inhabitant of this 
commonwealth five years at least immediately preceding his election, 
and at the time of his election shall be an inhabitant of the district for 
which he is chosen; and he shall cease to represent such senatorial 
district when he shall cease to be an inhabitant of the commonwealth.] 
[Not less than sixteen senators shall constitute a quorum for doing 
business; but a less number may organize temporarily, adjourn from day to 
day, and compel the attendance of absent members.] [See Amendments, 
Art. XXIV.] [Annulled and superseded by Amendments, Arts. XXXIII, 
LXXI, XCII, CI, CIX, CXVII and CXTX.] 

Art. XXIII. [No person of foreign birth shall be entitled to vote, or 
shall be eligible to office, unless he shall have resided within the 
jurisdiction of the United States for two years subsequent to his natural- 
ization, and shall be otherwise qualified, according to the constitution 
and laws of this commonwealth: provided, that this amendment shall not 
affect the rights which any person of foreign birth possessed at the time 
of the adoption thereof; and, provided, further, that it shall not affect 
the rights of any child of a citizen of the United States, born during the 
temporary absence of the parent therefrom.] [Annulled by Amendments, 
Art. XXVI.] 

Art. XXIV. Any vacancy in the senate shall be filled by election by 
the people of the unrepresented district, upon the order of a majority of 
the senators elected. 



98 Constitution of Massachusetts — Amendments. 



Art. XXV. In case of a vacancy in the council, from a failure of 
election, or other cause, the senate and house of representatives shall, by 
concurrent vote, choose some eligible person from the people of the 
district wherein such vacancy occurs, to fill that office. If such vacancy 
shall happen when the legislature is not in session, the governor, with the 
advice and consent of the council, may fill the same by appointment of 
some eligible person. 

Art. XXVI. The twenty-third article of the articles of amendment 
of the constitution of this commonwealth, which is as follows, to wit: 
"No person of foreign birth shall be entitled to vote, or shall be eligible 
to office, unless he shall have resided within the jurisdiction of the 
United States for two years subsequent to his naturalization, and shall be 
otherwise qualified, according to the constitution and laws of this 
commonwealth: provided, that this amendment shall not affect the rights 
which any person of foreign birth possessed at the time of the adoption 
thereof; and provided, further, that it shall not affect the rights of any 
child of a citizen of the United States, born during the temporary absence 
of the parent therefrom," is hereby wholly annulled. 

Art. XXVII. So much of article two of chapter six of the constitution 
of this commonwealth as relates to persons holding the office of 
president, professor, or instructor of Harvard College, is hereby annulled. 

Art. XXVIII. No person having served in the army or navy of the 
United States in time of war, and having been honorably discharged from 
such service, if otherwise qualified to vote, shall be disqualified therefor 
on account of [being a pauper;] or [if a pauper,] because of the non- 
payment of a poll tax. [Amended by Amendments, Art. XXXI.] 

Art. XXIX. The General Court shall have full power and authority to 
provide for the inhabitants of the towns in this Commonwealth more than 
one place of public meeting within the limits of each town for the 
election of officers under the constitution, and to prescribe the manner of 
calling, holding and conducting such meetings. All the provisions of the 
existing constitution inconsistent with the provisions herein contained 
are hereby annulled. [For absent voting, see Amendments, Arts. XLV 
and LXXVI.] 

Art. XXX. No person, otherwise qualified to vote in elections for 
governor, lieutenant-governor, senators, and representatives, shall, by 
reason of a change of residence within the Commonwealth, be 
disqualified from voting for said officers in the city or town from which 



Constitution of Massachusetts — Amendments. 99 



he has removed his residence, until the expiration of six calendar months 
from the time of such removal. [For absent and compulsory voting, see 
Amendments, Arts. XLV, LXI and LXXVI.] 

Art. XXXI. Article twenty-eight of the Amendments of the 
Constitution is hereby amended by striking out in the fourth line thereof 
the words "being a pauper", and inserting in place thereof the words: — 
receiving or having received aid from any city or town, — and also by 
striking out in said fourth line the words "if a pauper", so that the article 
as amended shall read as follows: — ARTICLE XXVIII. No person 
having served in the army or navy of the United States in time of war, 
and having been honorably discharged from such service, if otherwise 
qualified to vote, shall be disqualified therefor on account of receiving or 
having received aid from any city or town, or because of the non- 
payment of a poll tax. 

Art. XXXII. So much of article three of the Amendments of the 
Constitution of the Commonwealth as is contained in the following 
words: "and who shall have paid, by himself, or his parent, master, or 
guardian, any state or county tax, which shall, within two years next 
preceding such election, have been assessed upon him, in any town or 
district of this Commonwealth; and also every citizen who shall be, by 
law, exempted from taxation, and who shall be, in all other respects, 
qualified as above mentioned", is hereby annulled. 

Art. XXXIII. A majority of the members of each branch of the 
General Court shall constitute a quorum for the transaction of business, 
but a less number may adjourn from day to day, and compel the 
attendance of absent members. All the provisions of the existing 
Constitution inconsistent with the provisions herein contained are hereby 
annulled. 

Art. XXXIV. So much of article two of section one of chapter two of 
part the second of the Constitution of the Commonwealth as is contained 
in the following words: "and unless he shall at the same time be seized, 
in his own right, of a freehold, within the Commonwealth, of the value of 
one thousand pounds"; is hereby annulled. 

Art. XXXV. So much of article two of section three of chapter one of 
the Constitution of the Commonwealth as is contained in the following 
words: "The expenses of travelling to the general assembly, and 
returning home, once in every session, and no more, shall be paid by the 
government, out of the public treasury, to every member who shall attend 



100 Constitution of Massachusetts — Amendments. 



as seasonably as he can, in the judgment of the house, and does not 
depart without leave", is hereby annulled. 

Art. XXXVI. So much of article nineteen of the articles of Amend- 
ment to the Constitution of the Commonwealth as is contained in the 
following words: "commissioners of insolvency", is hereby annulled. 

Art. XXXVII. The governor, with the consent of the council, may 
remove justices of the peace and notaries public. 

Art. XXXVIII. Voting machines or other mechanical devices for voting 
may be used at all elections under such regulations as may be prescribed by 
law: provided, however, that the right of secret voting shall be preserved. 

Art. XXXIX. Article ten of part one of the Constitution is hereby 
amended by adding to it the following words: — The legislature may by 
special acts for the purpose of laying out, widening or relocating 
highways or streets, authorize the taking in fee by the Commonwealth, or 
by a county, city or town, of more land and property than are needed for 
the actual construction of such highway or street: provided, however, 
that the land and property authorized to be taken are specified in the act 
and are no more in extent than would be sufficient for suitable building 
lots on both sides of such highway or street, and after so much of the 
land or property has been appropriated for such highway or street as is 
needed therefor, may authorize the sale of the remainder for value with 
or without suitable restrictions. 

Art. XL. Article three of the Amendments to the Constitution is 
hereby amended by inserting after the word "guardianship", in line two, 
the following: — and persons temporarily or permanently disqualified by 
law because of corrupt practices in respect to elections. 

Art. XLI. Full power and authority are hereby given and granted to 
the general court to prescribe for wild or forest lands such methods of 
taxation as will develop and conserve the forest resources of the common- 
wealth. [Annulled and superseded by Amendments, Art. CX.] 

Art. XLII. [Full power and authority are hereby given and granted to 
the general court to refer to the people for their rejection or approval at 
the polls any act or resolve of the general court or any part or parts 
thereof. Such reference shall be by a majority yea and nay vote of all 
members of each house present and voting. Any act, resolve, or part 
thereof so referred shall be voted on at the regular state election next 



Constitution of Massachusetts — Amendments. 1 1 



ensuing after such reference, shall become law if approved by a majority 
of the voters voting thereon, and shall take effect at the expiration of 
thirty days after the election at which it was approved or at such time 
after the expiration of the said thirty days as may be fixed in such act, 
resolve or part thereof.] [Annulled and superseded by Amendments, 
Art. XLVIII, General Provisions, VIII.] 

Art. XLIII. The general court shall have power to authorize the 
commonwealth to take land and to hold, improve, subdivide, build upon 
and sell the same, for the purpose of relieving congestion of population 
and providing homes for citizens: provided, however, that this amend- 
ment shall not be deemed to authorize the sale of such land or buildings 
at less than the cost thereof. 

Art. XLIV. Full power and authority are hereby given and granted to 
the general court to impose and levy a tax on income in the manner 
hereinafter provided. Such tax may be at different rates upon income 
derived from different classes of property, but shall be levied at a 
uniform rate throughout the commonwealth upon incomes derived from 
the same class of property. The general court may tax income not derived 
from property at a lower rate than income derived from property, and 
may grant reasonable exemptions and abatements. Any class of property 
the income from which is taxed under the provisions of this article may 
be exempted from the imposition and levying of proportional and 
reasonable assessments, rates and taxes as at present authorized by the 
constitution. This article shall not be construed to limit the power of the 
general court to impose and levy reasonable duties and excises. 

Art. XLV. [The general court shall have power to provide by law for 
voting by qualified voters of the commonwealth who, at the time of an 
election, are absent from the city or town of which they are inhabitants in 
the choice of any officer to be elected or upon any question submitted at 
such election.] [Annulled and superseded by Amendments, Arts. LXXVI 
and CV.] [For compulsory voting, see Amendments, Art. LXI.] 

Art. XLVI. (In place of article XVIII of the articles of amendment of 
the constitution ratified and adopted April 9, 1821, the following article 
of amendment, submitted by the constitutional convention, was ratified 
and adopted November 6, 1917.) Article XVIII. Section 1. No law shall 
be passed prohibiting the free exercise of religion. 

Section 2. All moneys raised by taxation in the towns and cities for the 
support of public schools, and all moneys which may be appropriated by 



102 Constitution of Massachusetts — Amendments. 



the commonwealth for the support of common schools shall be applied to, 
and expended in, no other schools than those which are conducted 
according to law, under the order and superintendence of the authorities of 
the town or city in which the money is expended; and no grant, appro- 
priation or use of public money or property or loan of public credit shall be 
made or authorized by the commonwealth or any political division thereof 
for the purpose of founding, maintaining or aiding any school or institution 
of learning, whether under public control or otherwise, wherein any 
denominational doctrine is inculcated, or any other school, or any college, 
infirmary, hospital, institution, or educational, charitable or religious 
undertaking which is not publicly owned and under the exclusive control, 
order and superintendence of public officers or public agents authorized by 
the commonwealth or federal authority or both, except that appropriations 
may be made for the maintenance and support of the Soldiers' Home in 
Massachusetts and for free public libraries in any city or town, and to carry 
out legal obligations, if any, already entered into; and no such grant, 
appropriation or use of public money or property or loan of public credit 
shall be made or authorized for the purpose of founding, maintaining or 
aiding any church, religious denomination or society. 

Section 3. Nothing herein contained shall be construed to prevent 
the commonwealth, or any political division thereof, from paying to 
privately controlled hospitals, infirmaries, or institutions for the deaf, 
dumb or blind not more than the ordinary and reasonable compensation 
for care or support actually rendered or furnished by such hospitals, 
infirmaries or institutions to such persons as may be in whole or in part 
unable to support or care for themselves. 

Section 4. Nothing herein contained shall be construed to deprive 
any inmate of a publicly controlled reformatory, penal or charitable 
institution of the opportunity of religious exercises therein of his own 
faith; but no inmate of such institution shall be compelled to attend 
religious services or receive religious instruction against his will, or, if a 
minor, without the consent of his parent or guardian. 

Section 5. This amendment shall not take effect until the October 
first next succeeding its ratification and adoption by the people. [See 
Amendments, Arts. XLVIII, The Initiative, II, sect. 2, and LXII, XCVI, 
sect. 1 and CHI.] 

Art. XLVII. The maintenance and distribution at reasonable rates, 
during time of war, public exigency, emergency or distress, of a suffi- 
cient supply of food and other common necessaries of life and the 
providing of shelter, are public functions, and the commonwealth and 



Constitution of Massachusetts — Amendments. 103 



the cities and towns therein may take and may provide the same for their 
inhabitants in such manner as the general court shall determine. 



Art. XLVIII. 

/. Definition. 

Legislative power shall continue to be vested in the general court; but 
the people reserve to themselves the popular initiative, which is the power 
of a specified number of voters to submit constitutional amendments and 
laws to the people for approval or rejection; and the popular referendum, 
which is the power of a specified number of voters to submit laws, enacted 
by the general court, to the people for their ratification or rejection. 

The Initiative. 

II. Initiative Petitions. 

Section 1. Contents. — An initiative petition shall set forth the full 
text of the constitutional amendment or law, hereinafter designated as the 
measure, which is proposed by the petition. 

Section 2. Excluded Matters. — No measure that relates to religion, 
religious practices or religious institutions; or to the appointment, 
qualification, tenure, removal, recall or compensation of judges; or to the 
reversal of a judicial decision; or to the powers, creation or abolition of 
courts; or the operation of which is restricted to a particular town, city or 
other political division or to particular districts or localities of the 
commonwealth; or that makes a specific appropriation of money from 
the treasury of the commonwealth, shall be proposed by an initiative 
petition; but if a law approved by the people is not repealed, the general 
court shall raise by taxation or otherwise and shall appropriate such 
money as may be necessary to carry such law into effect. 

Neither the eighteenth amendment of the constitution, as approved 
and ratified to take effect on the first day of October in the year nineteen 
hundred and eighteen, nor this provision for its protection, shall be the 
subject of an initiative amendment. 

No proposition inconsistent with any one of the following rights of 
the individual, as at present declared in the declaration of rights, shall be 
the subject of an initiative or referendum petition: The right to receive 
compensation for private property appropriated to public use; the right of 
access to and protection in courts of justice; the right of trial by jury; 
protection from unreasonable search, unreasonable bail and the law 



104 Constitution of Massachusetts — Amendments. 



martial; freedom of the press; freedom of speech; freedom of elections; 
and the right of peaceable assembly. 

No part of the constitution specifically excluding any matter from the 
operation of the popular initiative and referendum shall be the subject of an 
initiative petition; nor shall this section be the subject of such a petition. 

The limitations on the legislative power of the general court in the 
constitution shall extend to the legislative power of the people as exercised 
hereunder. 

[Section 3. Mode of Originating. — Such petition shall first be signed 
by ten qualified voters of the commonwealth and shall then be submitted 
to the attorney-general, and if he shall certify that the measure is in 
proper form for submission to the people, and that it is not, either 
affirmatively or negatively, substantially the same as any measure which 
has been qualified for submission or submitted to the people within three 
years of the succeeding first Wednesday in December and that it contains 
only subjects not excluded from the popular initiative and which are 
related or which are mutually dependent, it may then be filed with the 
secretary of the commonwealth. The secretary of the commonwealth 
shall provide blanks for the use of subsequent signers, and shall print at 
the top of each blank a description of the proposed measure as such 
description will appear on the ballot together with the names and 
residences of the first ten signers. All initiative petitions, with the first 
ten signatures attached, shall be filed with the secretary of the 
commonwealth not earlier than the first Wednesday of the September 
before the assembling of the general court into which they are to be 
introduced, and the remainder of the required signatures shall be filed not 
later than the first Wednesday of the following December.] [Section 3 
superseded by section 1 of Amendments, Art. LXXIV.] 

Section 4. Transmission to the General Court. — If an initiative 
petition, signed by the required number of qualified voters, has been 
filed as aforesaid, the secretary of the commonwealth shall, upon the 
assembling of the general court, transmit it to the clerk of the house of 
representatives, and the proposed measure shall then be deemed to be 
introduced and pending. 

III. Legislative Action. General Provisions. 

Section 1 . Reference to Committee. — If a measure is introduced 
into the general court by initiative petition, it shall be referred to a com- 
mittee thereof, and the petitioners and all parties in interest shall be 
heard, and the measure shall be considered and reported upon to the 



Constitution of Massachusetts — Amendments. 1 05 



general court with the committee's recommendations, and the reasons 
therefor, in writing. Majority and minority reports shall be signed by the 
members of said committee. 

Section 2. Legislative Substitutes. — The general court may, by 
resolution passed by yea and nay vote, either by the two houses separately, 
or in the case of a constitutional amendment by a majority of those voting 
thereon in joint session in each of two years as hereinafter provided, submit 
to the people a substitute for any measure introduced by initiative petition, 
such substitute to be designated on the ballot as the legislative substitute for 
such an initiative measure and to be grouped with it as an alternative 
therefor. 

IV. Legislative Action on Proposed 
Constitutional Amendments. 

Section 1. Definition. — A proposal for amendment to the 
constitution introduced into the general court by initiative petition shall 
be designated an initiative amendment, and an amendment introduced by 
a member of either house shall be designated a legislative substitute or a 
legislative amendment. 

[Section 2. Joint Session. — If a proposal for a specific amendment of 
the constitution is introduced into the general court by initiative petition 
signed by not less than twenty-five thousand qualified voters, or if in case 
of a proposal for amendment introduced into the general court by a member 
of either house, consideration thereof in joint session is called for by vote of 
either house, such proposal shall, not later than the second Wednesday in 
June, be laid before a joint session of the two houses, at which the president 
of the senate shall preside; and if the two houses fail to agree upon a time 
for holding any joint session hereby required, or fail to continue the same 
from time to time until final action has been taken upon all amendments 
pending, the governor shall call such joint session or continuance thereof.] 
[Section 2 superseded by section 1 of Amendments, Art. LXXXI.] 

Section 3. Amendment of Proposed Amendments. — A proposal for an 
amendment to the constitution introduced by initiative petition shall be 
voted upon in the form in which it was introduced, unless such amendment 
is amended by vote of three-fourths of the members voting thereon in joint 
session, which vote shall be taken by call of the yeas and nays if called for 
by any member. 

Section 4. Legislative Action. — Final legislative action in the joint 
session upon any amendment shall be taken only by call of the yeas and 



1 06 Constitution of Massachusetts — Amendments. 



nays, which shall be entered upon the journals of the two houses; and an 
unfavorable vote at any stage preceding final action shall be verified by 
call of the yeas and nays, to be entered in like manner. At such joint 
session a legislative amendment receiving the affirmative votes of a 
majority of all the members elected, or an initiative amendment 
receiving the affirmative votes of not less than one-fourth of all the 
members elected, shall be referred to the next general court. 

Section 5. Submission to the People. — If in the next general court 
a legislative amendment shall again be agreed to in joint session by a 
majority of all the members elected, or if an initiative amendment or 
a legislative substitute shall again receive the affirmative votes of at least 
one-fourth of all the members elected, such fact shall be certified by the 
clerk of such joint session to the secretary of the commonwealth, who 
shall submit the amendment to the people at the next state election. Such 
amendment shall become part of the constitution if approved, in the case 
of a legislative amendment, by a majority of the voters voting thereon, or 
if approved, in the case of an initiative amendment or a legislative 
substitute, by voters equal in number to at least thirty per cent of the total 
number of ballots cast at such state election and also by a majority of the 
voters voting on such amendment. 

V. Legislative Action on Proposed Laws. 

[Section 1. Legislative Procedure. — If an initiative petition for 
a law is introduced into the general court, signed by not less than twenty 
thousand qualified voters, a vote shall be taken by yeas and nays in both 
houses before the first Wednesday of June upon the enactment of such 
law in the form in which it stands in such petition. If the general court 
fails to enact such law before the first Wednesday of June, and if such 
petition is completed by filing with the secretary of the commonwealth, 
not earlier than the first Wednesday of the following July nor later than 
the first Wednesday of the following August, not less than five thousand 
signatures of qualified voters, in addition to those signing such initiative 
petition, which signatures must have been obtained after the first 
Wednesday of June aforesaid, then the secretary of the commonwealth 
shall submit such proposed law to the people at the next state election. 
If it shall be approved by voters equal in number to at least thirty 
per cent of the total number of ballots cast at such state election and also 
by a majority of the voters voting on such law, it shall become law, and 
shall take effect in thirty days after such state election or at such time 
after such election as may be provided in such law.] [Section 1 super- 
seded by section 2 of Amendments, Art. LXXXI.] 



Constitution of Massachusetts — Amendments. 107 



[Section 2. Amendment by Petitioners. — If the general court fails to 
pass a proposed law before the first Wednesday of June, a majority of the 
first ten signers of the initiative petition therefor shall have the right, 
subject to certification by the attorney-general filed as hereinafter 
provided, to amend the measure which is the subject of such petition. An 
amendment so made shall not invalidate any signature attached to the 
petition. If the measure so amended, signed by a majority of the first ten 
signers, is filed with the secretary of the commonwealth before the first 
Wednesday of the following July, together with a certificate signed by 
the attorney-general to the effect that the amendment made by such 
proposers is in his opinion perfecting in its nature and does not materially 
change the substance of the measure, and if such petition is completed by 
filing with the secretary of the commonwealth, not earlier than the first 
Wednesday of the following July nor later than the first Wednesday of 
the following August, not less than five thousand signatures of qualified 
voters, in addition to those signing such initiative petition, which 
signatures must have been obtained after the first Wednesday of June 
aforesaid, then the secretary of the commonwealth shall submit the 
measure to the people in its amended form.] [Section 2 superseded by 
section 3 of Amendments, Art. LXXXI.] 

VI. Conflicting and Alternative Measures. 

If in any judicial proceeding, provisions of constitutional amendments 
or of laws approved by the people at the same election are held to be in 
conflict, then the provisions contained in the measure that received the 
largest number of affirmative votes at such election shall govern. 

A constitutional amendment approved at any election shall govern 
any law approved at the same election. 

The general court, by resolution passed as hereinbefore set forth, may 
provide for grouping and designating upon the ballot as conflicting 
measures or as alternative measures, only one of which is to be adopted, 
any two or more proposed constitutional amendments or laws which 
have been or may be passed or qualified for submission to the people at 
any one election; provided, that a proposed constitutional amendment 
and a proposed law shall not be so grouped, and that the ballot shall 
afford an opportunity to the voter to vote for each of the measures or for 
only one of the measures, as may be provided in said resolution, or 
against each of the measures so grouped as conflicting or as alternative. 
In case more than one of the measures so grouped shall receive the vote 
required for its approval as herein provided, only that one for which the 
largest affirmative vote was cast shall be deemed to be approved. 



108 Constitution of Massachusetts — Amendments. 

The Referendum. 

/. When Statutes shall take Effect. 

No law passed by the general court shall take effect earlier than 
ninety days after it has become a law, excepting laws declared to be 
emergency laws and laws which may not be made the subject of a 
referendum petition, as herein provided. 

//. Emergency Measures. 

A law declared to be an emergency law shall contain a preamble 
setting forth the facts constituting the emergency, and shall contain the 
statement that such law is necessary for the immediate preservation of 
the public peace, health, safety or convenience. [A separate vote shall be 
taken on the preamble by call of the yeas and nays, which shall be 
recorded, and unless the preamble is adopted by two-thirds of the 
members of each house voting thereon, the law shall not be an 
emergency law; but] if the governor, at any time before the election at 
which it is to be submitted to the people on referendum, files with the 
secretary of the commonwealth a statement declaring that in his opinion 
the immediate preservation of the public peace, health, safety or 
convenience requires that such law should take effect forthwith and that 
it is an emergency law and setting forth the facts constituting the 
emergency, then such law, if not previously suspended as hereinafter 
provided, shall take effect without suspension, or if such law has been so 
suspended such suspension shall thereupon terminate and such law shall 
thereupon take effect: but no grant of any franchise or amendment 
thereof, or renewal or extension thereof for more than one year shall be 
declared to be an emergency law. [See Amendments, Art. LXVIL] 

III. Referendum Petitions. 

Section 1. Contents. — A referendum petition may ask for a 
referendum to the people upon any law enacted by the general court 
which is not herein expressly excluded. 

Section 2. Excluded Matters. — No law that relates to religion, 
religious practices or religious institutions; or to the appointment, 
qualification, tenure, removal or compensation of judges; or to the 
powers, creation or abolition of courts; or the operation of which is 
restricted to a particular town, city or other political division or to 
particular districts or localities of the commonwealth; or that appro- 



Constitution of Massachusetts — Amendments. 109 



priates money for the current or ordinary expenses of the commonwealth 
or for any of its departments, boards, commissions or institutions shall be 
the subject of a referendum petition. 

Section 3. Mode of Petitioning for the Suspension of a Law and a 
Referendum thereon. — A petition asking for a referendum on a law, and 
requesting that the operation of such law be suspended, shall first be 
signed by ten qualified voters and shall then be filed with the secretary 
of the commonwealth not later than thirty days after the law that is the 
subject of the petition has become law. [The secretary of the common- 
wealth shall provide blanks for the use of subsequent signers, and shall 
print at the top of each blank a description of the proposed law as such 
description will appear on the ballot together with the names and 
residences of the first ten signers. If such petition is completed by filing 
with the secretary of the commonwealth not later than ninety days after 
the law which is the subject of the petition has become law the signatures 
of not less than fifteen thousand qualified voters of the commonwealth, 
then the operation of such law shall be suspended, and the secretary of 
the commonwealth shall submit such law to the people at the next state 
election, if thirty days intervene between the date when such petition is 
filed with the secretary of the commonwealth and the date for holding 
such state election; if thirty days do not so intervene, then such law shall 
be submitted to the people at the next following state election, unless in 
the meantime it shall have been repealed; and if it shall be approved by a 
majority of the qualified voters voting thereon, such law shall, subject to 
the provisions of the constitution, take effect in thirty days after such 
election, or at such time after such election as may be provided in such 
law; if not so approved such law shall be null and void; but no such law 
shall be held to be disapproved if the negative vote is less than thirty per 
cent of the total number of ballots cast at such state election.] [Section 3 
amended by section 2 of Amendments, Art. LXXIV and section 4 of 
Amendments, Art. LXXXL] 

SECTION 4. Petitions for Referendum on an Emergency Law or a Law 
the Suspension of which is not asked for. — A referendum petition may 
ask for the repeal of an emergency law or of a law which takes effect 
because the referendum petition does not contain a request for suspension, 
as aforesaid. Such petition shall first be signed by ten qualified voters of 
the commonwealth, and shall then be filed with the secretary of the 
commonwealth not later than thirty days after the law which is the 
subject of the petition has become law. [The secretary of the common- 
wealth shall provide blanks for the use of subsequent signers, and shall 
print at the top of each blank a description of the proposed law as such 



1 10 Constitution of Massachusetts — Amendments. 



description will appear on the ballot together with the names and 
residences of the first ten signers. If such petition filed as aforesaid is 
completed by filing with the secretary of the commonwealth not later 
than ninety days after the law which is the subject of the petition has 
become law the signatures of not less than ten thousand qualified voters 
of the commonwealth protesting against such law and asking for a 
referendum thereon, then the secretary of the commonwealth shall 
submit such law to the people at the next state election, if thirty days 
intervene between the date when such petition is filed with the secretary 
of the commonwealth and the date for holding such state election. 
If thirty days do not so intervene, then it shall be submitted to the people 
at the next following state election, unless in the meantime it shall have 
been repealed; and if it shall not be approved by a majority of the 
qualified voters voting thereon, it shall, at the expiration of thirty days 
after such election, be thereby repealed; but no such law shall be held to 
be disapproved if the negative vote is less than thirty per cent of the total 
number of ballots cast at such state election.] [Section 4 superseded by 
section 3 of Amendments, Art. LXXIV and section 5 of Amendments, 
Art. LXXXL] 

General Provisions. 

/. Identification and Certification of Signatures. 

Provision shall be made by law for the proper identification and 
certification of signatures to the petitions hereinbefore referred to, and for 
penalties for signing any such petition, or refusing to sign it, for money or 
other valuable consideration, and for the forgery of signatures thereto. 
Pending the passage of such legislation all provisions of law relating to the 
identification and certification of signatures to petitions for the nomination 
of candidates for state offices or to penalties for the forgery of such 
signatures shall apply to the signatures to the petitions herein referred to. 
The general court may provide by law that no co-partnership or corporation 
shall undertake for hire or reward to circulate petitions, may require 
individuals who circulate petitions for hire or reward to be licensed, and 
may make other reasonable regulations to prevent abuses arising from the 
circulation of petitions for hire or reward. 

//. Limitation on Signatures. 

Not more than one-fourth of the certified signatures on any petition 
shall be those of registered voters of any one county. 



YES. 




NO. 






YES. 




NO. 





Constitution of Massachusetts — Amendments. 1 1 1 



[///. Form of Ballot. 

Each proposed amendment to the constitution, and each law sub- 
mitted to the people, shall be described on the ballots by a description to 
be determined by the attorney-general subject to such provision as may 
be made by law, and the secretary of the commonwealth shall give each 
question a number and cause such question, except as otherwise authorized 
herein, to be printed on the ballot in the following form: — 

In the case of an amendment to the constitution: Shall an amendment 
to the constitution (here insert description, and state, in 
distinctive type, whether approved or disapproved by the 
general court, and by what vote thereon) be approved? 

In the case of a law: Shall a law (here insert descrip- 
tion, and state, in distinctive type, whether approved or 
disapproved by the general court, and by what vote 
thereon) be approved? 

IV. Information for Voters. 

The secretary of the commonwealth shall cause to be printed and sent 
to each registered voter in the commonwealth the full text of every 
measure to be submitted to the people, together with a copy of the 
legislative committee's majority and minority reports, if there be such, 
with the names of the majority and minority members thereon, a state- 
ment of the votes of the general court on the measure, and a description 
of the measure as such description will appear on the ballot; and shall, in 
such manner as may be provided by law, cause to be prepared and sent to 
the voters other information and arguments for and against the measure.] 
[Subheading III superseded by section 4 of Amendments, Art. LXXIV.] 
[Subheading IV superseded by section 4, Amendments, Art. LXXIV and 
amended by Amendments, Art. CVIII.] 

V. The Veto Power of the Governor. 

The veto power of the governor shall not extend to measures approved 
by the people. 

VI. The General Court 's Power of Repeal. 

Subject to the veto power of the governor and to the right of referendum 
by petition as herein provided, the general court may amend or repeal a law 
approved by the people. 



112 Constitution of Massachusetts — Amendments. 



VII. Amendment declared to be Self-executing. 

This article of amendment to the constitution is self-executing, but 
legislation not inconsistent with anything herein contained may be 
enacted to facilitate the operation of its provisions. 

VIII. Articles IX and XLII of Amendments of the 
Constitution annulled. 

Article IX and Article XLII of the amendments of the constitution are 
hereby annulled. 

Art. XLIX. The conservation, development and utilization of the 
agricultural, mineral, forest, water and other natural resources of the 
commonwealth are public uses, and the general court shall have power to 
provide for the taking, upon payment of just compensation therefor, of 
lands and easements or interests therein, including water and mineral 
rights, for the purpose of securing and promoting the proper conservation, 
development, utilization and control thereof and to enact legislation 
necessary or expedient therefor. [Annulled and superseded by Amend- 
ments, Art. XCVIL] 

Art. L. Advertising on public ways, in public places and on private 
property within public view may be regulated and restricted by law. 

Art. LI. The preservation and maintenance of ancient landmarks and 
other property of historical or antiquarian interest is a public use, and the 
commonwealth and the cities and towns therein may, upon payment of 
just compensation, take such property or any interest therein under such 
regulations as the general court may prescribe. 

Art. LII. The general court, by concurrent vote of the two houses, 
may take a recess or recesses amounting to not more than thirty days; but 
no such recess shall extend beyond the sixtieth day from the date of their 
first assembling. [Annulled and superseded by Amendments, Art. CIL] 

Art. LIU. Article X of Section I of Chapter II of the constitution, the 
last two paragraphs of Article IV of the articles of amendment, relating 
to the appointment of a commissary general and the removal of militia 
officers, and Article V of the articles of amendment are hereby annulled, 
and the following is adopted in place thereof: — 



Constitution of Massachusetts — Amendments. 1 1 3 



Article X. All military and naval officers shall be selected and 
appointed and may be removed in such manner as the general court may 
by law prescribe, but no such officer shall be appointed unless he shall 
have passed an examination prepared by a competent commission or 
shall have served one year in either the federal or state militia or in 
military service. All such officers who are entitled by law to receive 
commissions shall be commissioned by the governor. 

Art. LIV. Article VII of Section I of Chapter II of the constitution is 
hereby annulled and the following is adopted in place thereof: — 

Article VII The general court shall provide by law for the recruitment, 
equipment, organization, training and discipline of the military and naval 
forces. The governor shall be the commander-in-chief thereof, and shall 
have power to assemble the whole or any part of them for training, 
instruction or parade, and to employ them for the suppression of rebellion, 
the repelling of invasion, and the enforcement of the laws. He may, as 
authorized by the general court, prescribe from time to time the 
organization of the military and naval forces and make regulations for their 
government. 

Art. LV. Article VI of Section III of Chapter II of the constitution is 
hereby annulled and the following is adopted in place thereof: — 

Whenever the offices of governor and lieutenant-governor shall both be 
vacant, by reason of death, absence from the commonwealth, or otherwise, 
then one of the following officers, in the order of succession herein named, 
namely, the secretary, attorney-general, treasurer and receiver-general, and 
auditor, shall, during such vacancy, have full power and authority to do 
and execute all and every such acts, matters and things as the governor or 
the lieutenant-governor might or could lawfully do or execute, if they, 
or either of them, were personally present. 

Art. LVI. The governor, within five days after any bill or resolve shall 
have been laid before him, shall have the right to return it to the branch of 
the general court in which it originated with a recommendation that any 
amendment or amendments specified by him be made therein. Such bill or 
resolve shall thereupon be before the general court and subject to 
amendments and re-enactment. If such bill or resolve is re-enacted in 
any form it shall again be laid before the governor for his action, but 
he shall have no right to return the same a second time with a recom- 
mendation to amend. [Annulled and superseded by Amendments, 
Art. XC, Sect. 3.] 



1 1 4 Constitution of Massachusetts — Amendments. 



Art. LVII. Article IV of the articles of amendment of the constitution 
of the commonwealth is hereby amended by adding thereto the following 
words: — Women shall be eligible to appointment as notaries public. — 
[Change of name shall render the commission void, but shall not prevent 
reappointment under the new name.] [See Amendments, Art. LXIX.] 

Art. LVIII. Article I of Chapter III of Part the Second of the consti- 
tution is hereby amended by the addition of the following words: — and 
provided also that the governor, with the consent of the council, may 
after due notice and hearing retire them because of advanced age or 
mental or physical disability. Such retirement shall be subject to any 
provisions made by law as to pensions or allowances payable to such 
officers upon their voluntary retirement. [Annulled and superseded by 
Amendments, Art. XCVIII.] 

Art. LIX. Every charter, franchise or act of incorporation shall forever 
remain subject to revocation and amendment. 

Art. LX. The general court shall have power to limit buildings accord- 
ing to their use or construction to specified districts of cities and towns. 

Art. LXI. The general court shall have authority to provide for com- 
pulsory voting at elections, but the right of secret voting shall be preserved. 

Art. LXII. Section 1. The credit of the commonwealth shall not in 
any manner be given or loaned to or in aid of any individual, or of any 
private association, or of any corporation which is privately owned and 
managed. [Superseded by Art. LXXXIV.] 

Section 2. The commonwealth may borrow money to repel invasion, 
suppress insurrection, defend the commonwealth, or to assist the United 
States in case of war, and may also borrow money in anticipation of 
receipts from taxes or other sources, such loan to be paid out of the 
revenue of the year in which it is created. 

Section 3. In addition to the loans which may be contracted as 
before provided, the commonwealth may borrow money only by a vote, 
taken by the yeas and nays, of two-thirds of each house of the general 
court present and voting thereon. The governor shall recommend to the 
general court the term for which any loan shall be contracted. 

Section 4. Borrowed money shall not be expended for any other 
purpose than that for which it was borrowed or for the reduction or 
discharge of the principal of the loan. 



Constitution of Massachusetts — Amendments. 115 



Art. LXIII. Section 1. Collection of Revenue. — All money 
received on account of the commonwealth from any source whatsoever 
shall be paid into the treasury thereof. 

Section 2. The Budget. — Within three weeks after the convening of 
the general court the governor shall recommend to the general court a 
budget which shall contain a statement of all proposed expenditures of 
the commonwealth for the fiscal year, including those already authorized 
by law, and of all taxes, revenues, loans and other means by which such 
expenditures shall be defrayed. This shall be arranged in such form as 
the general court may by law prescribe, or, in default thereof, as the 
governor shall determine. For the purpose of preparing his budget, the 
governor shall have power to require any board, commission, officer or 
department to furnish him with any information which he may deem 
necessary. [See Amendments. Arts. LXXII and LXXV.] [Annulled and 
superseded by Amendments, Art. CVII.] 

Section 3. The General Appropriation Bill. — All appropriations 
based upon the budget to be paid from taxes or revenues shall be incor- 
porated in a single bill which shall be called the general appropriation 
bill. The general court may increase, decrease, add or omit items in the 
budget. The general court may provide for its salaries, mileage, and 
expenses and for necessary expenditures in anticipation of appro- 
priations, but before final action on the general appropriation bill it shall 
not enact any other appropriation bill except on recommendation of the 
governor. The governor may at any time recommend to the general court 
supplementary budgets which shall be subject to the same procedure as 
the original budget. 

Section 4. Special Appropriation Bills. — After final action on 
the general appropriation bill or on recommendation of the governor, 
special appropriation bills may be enacted. Such bills shall provide the 
specific means for defraying the appropriations therein contained. 

Section 5. [Submission to the Governor. — The governor may 
disapprove or reduce items or parts of items in any bill appropriating 
money. So much of such bill as he approves shall upon his signing the same 
become law. As to each item disapproved or reduced, he shall transmit to 
the house in which the bill originated his reason for such disapproval or 
reduction, and the procedure shall then be the same as in the case of a bill 
disapproved as a whole. In case he shall fail so to transmit his reasons for 
such disapproval or reduction within five days after the bill shall have been 
presented to him, such items shall have the force of law unless the general 



116 Constitution of Massachusetts — Amendments. 



court by adjournment shall prevent such transmission, in which case they 
shall not be law.] [See Amendments, Art. XC, sect. 4.] 

Art. LXIV. [Section 1 . The governor, lieutenant-governor, councillors, 
secretary, treasurer and receiver-general, attorney-general, auditor, 
senators and representatives, shall be elected biennially. The governor, 
lieutenant-governor and councillors shall hold their respective offices 
from the first Wednesday in January succeeding their election to and 
including the first Wednesday in January in the third year following their 
election and until their successors are chosen and qualified. The terms of 
senators and representatives shall begin with the first Wednesday in 
January succeeding their election and shall extend to the first Wednesday 
in January in the third year following their election and until their 
successors are chosen and qualified. The terms of the secretary, treasurer 
and receiver-general, attorney-general and auditor, shall begin with the 
third Wednesday in January succeeding their election and shall extend to 
the third Wednesday in January in the third year following their election 
and until their successors are chosen and qualified.] [Section 1 super- 
seded by Amendments, Art. LXXX.] 

[Section 2. No person shall be eligible to election to the office of 
treasurer and receiver-general for more than three successive terms. 

Section 3. The general court shall assemble every year on the first 
Wednesday in January. [See Amendments, Arts. LXXII and LXXV.] 

Section 4. The first election to which this article shall apply shall be 
held on the Tuesday next after the first Monday in November in the year 
nineteen hundred and twenty, and thereafter elections for the choice of 
all the officers beforementioned shall be held biennially on the Tuesday 
next after the first Monday in November.] [Annulled and superseded by 
Art. LXXXIL] 

Art. LXV. No person elected to the general court shall during the 
term for which he was elected be appointed to any office created or the 
emoluments whereof are increased during such term, nor receive 
additional salary or compensation for service upon any recess committee 
or commission except a committee appointed to examine a general 
revision of the statutes of the commonwealth when submitted to the 
general court for adoption. 

Art. LXVI. On or before January first, nineteen hundred twenty-one, 
the executive and administrative work of the commonwealth shall be 



Constitution of Massachusetts — Amendments. 1 1 7 



organized in not more than twenty departments, in one of which every 
executive and administrative office, board and commission, except those 
officers serving directly under the governor or the council, shall be 
placed. Such departments shall be under such supervision and regulation 
as the general court may from time to time prescribe by law. [Annulled 
by Amendments, Art. LXXXVII.] 

Art. LXVII. Article XLVIII of the Amendments to the Constitution is 
hereby amended by striking out, in that part entitled "// Emergency 
Measures ", under the heading "The Referendum", the words "A separate 
vote shall be taken on the preamble by call of the yeas and nays, which 
shall be recorded, and unless the preamble is adopted by two-thirds of 
the members of each House voting thereon, the law shall not be an 
emergency law; but" and substituting the following: — A separate vote, 
which shall be recorded, shall be taken on the preamble, and unless the 
preamble is adopted by two-thirds of the members of each House voting 
thereon, the law shall not be an emergency law. Upon the request of two 
members of the Senate or of five members of the House of 
Representatives, the vote on the preamble in such branch shall be taken 
by call of the yeas and nays. But 

Art. LXVIII. Article III of the amendments to the constitution, as 
amended, is hereby further amended by striking out, in the first line, the 
word "male". 

Art. LXIX. Section 1. No person shall be deemed to be ineligible to 
hold state, county or municipal office by reason of sex. 

Section 2. Article IV of the articles of amendment of the constitution 
of the commonwealth, as amended by Article LVII of said amendments, 
is hereby further amended by striking out the words "Change of name 
shall render the commission void, but shall not prevent reappointment 
under the new name", and inserting in place thereof the following 
words: — Upon the change of name of any woman, she shall re-register 
under her new name and shall pay such fee therefor as shall be 
established by the general court. 

Art. LXX. Article II of the articles of amendment to the constitution 
of the commonwealth is hereby amended by adding at the end thereof the 
following new paragraph: — 

Nothing in this article shall prevent the General Court from establishing 
in any corporate town or towns in this commonwealth containing more than 
six thousand inhabitants a form of town government providing for a town 



118 Constitution of Massachusetts — Amendments. 



meeting limited to such inhabitants of the town as may be elected to meet, 
deliberate, act and vote in the exercise of the corporate powers of the town 
subject to such restrictions and regulations as the General Court may 
prescribe; provided, that such establishment be with the consent, and on the 
application of a majority of the inhabitants of such town, present and voting 
thereon, pursuant to a vote at a meeting duly warned and holden for that 
purpose. [Annulled by Amendments, Art. LXXXIX.] 

Art. LXXI. Article XXI of the articles of amendment is hereby 
annulled and the following is adopted in place thereof: 

Article XXI. In the year nineteen hundred and thirty-five and 
every tenth year thereafter a census of the inhabitants of each city and 
town shall be taken and a special enumeration shall be made of the legal 
voters therein. Said special enumeration shall also specify the number of 
legal voters residing in each precinct of each town containing twelve 
thousand or more inhabitants according to said census and in each ward 
of each city. Each special enumeration shall be the basis for determining 
the representative districts for the ten year period beginning with the first 
Wednesday in the fourth January following said special enumeration; 
provided, that such districts as established in the year nineteen hundred 
and twenty-six shall continue in effect until the first Wednesday in 
January in the year nineteen hundred and thirty-nine. 

The house of representatives shall consist of two hundred and forty 
members, which shall be apportioned by the general court, at its first 
regular session after the return of each special enumeration, to the 
several counties of the commonwealth equally, as nearly as may be, 
according to their relative numbers of legal voters, as ascertained by said 
special enumeration; and the town of Cohasset, in the county of Norfolk, 
shall, for this purpose, as well as in the formation of districts as 
hereinafter provided, be considered a part of the county of Plymouth; and 
it shall be the duty of the secretary of the commonwealth to certify, as 
soon as may be after it is determined by the general court, the number of 
representatives to which each county shall be entitled, to the board 
authorized to divide such county into representative districts. The county 
commissioners or other body acting as such or, in lieu thereof, such 
board of special commissioners in each county as may for that purpose 
be provided by law, shall, within thirty days after such certification by 
the secretary of the commonwealth or within such other period as the 
general court may by law provide, assemble at a shire town of their 
respective counties, and proceed, as soon as may be, to divide the same 
into representative districts of contiguous territory and assign represen- 
tatives thereto, so that each representative in such county will represent 



Constitution of Massachusetts — Amendments. 1 19 



an equal number of legal voters, as nearly as may be; and such districts 
shall be so formed that no town containing less than twelve thousand 
inhabitants according to said census, no precinct of any other town and 
no ward of a city shall be divided therefor, nor shall any district be made 
which shall be entitled to elect more than three representatives. The 
general court may by law limit the time within which judicial proceed- 
ings may be instituted calling in question any such apportionment, 
division or assignment. Every representative, for one year at least 
immediately preceding his election, shall have been an inhabitant of the 
district for which he is chosen, and shall cease to represent such district 
when he shall cease to be an inhabitant of the commonwealth. The 
districts in each county shall be numbered by the board creating the 
same, and a description of each, with the numbers thereof and 
the number of legal voters therein, shall be returned by the board, to the 
secretary of the commonwealth, the county treasurer of such county, and 
to the clerk of every city or town in such county, to be filed and kept in 
their respective offices. The manner of calling and conducting the 
elections for the choice of representatives, and of ascertaining their 
election, shall be prescribed by law. 

Article XXII of the articles of amendment is hereby annulled and the 
following is adopted in place thereof: 

Article XXII. Each special enumeration of legal voters required in the 
preceding article of amendment shall likewise be the basis for deter- 
mining the senatorial districts and also the councillor districts for the ten 
year period beginning with the first Wednesday in the fourth January 
following such enumeration; provided, that such districts as established 
in the year nineteen hundred and twenty-six shall continue in effect until 
the first Wednesday in January in the year nineteen hundred and thirty- 
nine. The senate shall consist of forty members. The general court shall, 
at its first regular session after the return of each special enumeration, 
divide the commonwealth into forty districts of contiguous territory each 
district to contain, as nearly as may be, an equal number of legal voters, 
according to said special enumeration; provided, however, that no town 
or ward of a city shall be divided therefore; and such districts shall be 
formed, as nearly as may be, without uniting two counties, or parts of 
two or more counties, into one district. The general court may by law 
limit the time within which judicial proceedings may be instituted calling 
in question such division. Each district shall elect one senator, who shall 
have been an inhabitant of this commonwealth five years at least 
immediately preceding his election, and at the time of his election shall 
be an inhabitant of the district for which he is chosen; and he shall cease 



120 Constitution of Massachusetts — Amendments. 



to represent such senatorial district when he shall cease to be an inhabi- 
tant of the commonwealth. [Superseded by Amendments, Arts. XCII, CI, 
CIX, CXVII and CXIX.] 

Art. LXXII. [Section 1. The general court shall assemble in regular 
session on the first Wednesday of January in the year following the 
approval of this article and biennially on said Wednesday thereafter. 
Nothing herein contained shall prevent the general court from assem- 
bling at such other times as they shall judge necessary or when called 
together by the governor. 

Section 2. The budget required by section two of Article LXIII of the 
amendments to the constitution shall be for the year in which the same is 
adopted and for the ensuing year. 

Section 3. All provisions of this constitution and of the amendments 
thereto requiring the general court to meet annually are hereby annulled.] 
[Annulled by Amendments, Art. LXXV.] 

Art. LXXIII. Article VIII of section I of chapter II of Part the Second 
of the constitution of the commonwealth is hereby annulled and the 
following is adopted in place thereof: — 

Article VIII. The power of pardoning offenses, except such as 
persons may be convicted of before the senate by an impeachment of the 
house, shall be in the governor, by and with the advice of council, 
provided, that if the offence is a felony the general court shall have the 
power to prescribe the terms and conditions upon which a pardon may be 
granted, but no charter of pardon, granted by the governor, with advice 
of the council before conviction, shall avail the party pleading the same, 
notwithstanding any general or particular expressions contained therein, 
descriptive of the offence or offenses intended to be pardoned. 

Art. LXXIV. Section 1. Article XLVIII of the amendments to the 
constitution is hereby amended by striking out section three, under the 
heading "The Initiative. //. Initiative Petitions", and inserting in place 
thereof the following: — 

Section 3. Mode of Originating. — Such petition shall first be 
signed by ten qualified voters of the commonwealth and shall be 
submitted to the attorney-general not later than the first Wednesday of 
the August before the assembling of the general court into which it is to 
be introduced, and if he shall certify that the measure and the title thereof 
are in proper form for submission to the people, and that the measure is 



Constitution of Massachusetts — Amendments. 121 



not, either affirmatively or negatively, substantially the same as any 
measure which has been qualified for submission or submitted to the 
people at either of the two preceding biennial state elections, and that it 
contains only subjects not excluded from the popular initiative and which 
are related or which are mutually dependent, it may then be filed with the 
secretary of the commonwealth. The secretary of the commonwealth 
shall provide blanks for the use of subsequent signers, and shall print at 
the top of each blank a fair, concise summary, as determined by the 
attorney-general, of the proposed measure as such summary will appear 
on the ballot together with the names and residences of the first ten 
signers. All initiative petitions, with the first ten signatures attached, 
shall be filed with the secretary of the commonwealth not earlier than the 
first Wednesday of the September before the assembling of the general 
court into which they are to be introduced, and the remainder of the 
required signatures shall be filed not later than the first Wednesday of 
the following December. 

Section 2. Section three of that part of said Article XLVIII, under 
the heading "The Referendum. III. Referendum Petitions. ", is hereby 
amended by striking out the words "The secretary of the commonwealth 
shall provide blanks for the use of subsequent signers, and shall print at 
the top of each blank a description of the proposed law as such descrip- 
tion will appear on the ballot together with the names and residences of 
the first ten signers.", and inserting in place thereof the words "The 
secretary of the commonwealth shall provide blanks for the use of 
subsequent signers, and shall print at the top of each blank a fair, concise 
summary of the proposed law as such summary will appear on the ballot 
together with the names and residences of the first ten signers." 

Section 3. Section four of that part of said Article XLVIII, under the 
heading "The Referendum. ///. Referendum Petitions. ", is hereby 
amended by striking out the words "The secretary of the commonwealth 
shall provide blanks for the use of subsequent signers, and shall print at 
the top of each blank a description of the proposed law as such descrip- 
tion will appear on the ballot together with the names and residences of 
the first ten signers.", and inserting in place thereof the words "The 
secretary of the commonwealth shall provide blanks for the use of 
subsequent signers, and shall print at the top of each blank a fair, concise 
summary of the proposed law as such summary will appear on the ballot 
together with the names and residences of the first ten signers." 

Section 4. Said Article XLVIII is hereby further amended by 
striking out, under the heading "General Provisions", all of subheading 



122 Constitution of Massachusetts — Amendments. 



"III. Form of Ballot." and all of subheading "IV. Information for 
Voters", and inserting in place thereof the following: — 

///. Form of Ballot. 



A fair, concise summary, as determined by the attorney-general, 
subject to such provision as may be made by law, of each proposed 
amendment to the constitution, and each law submitted to the people, 
shall be printed on the ballot, and the secretary of the commonwealth 
shall give each question a number and cause such question, except as 
otherwise authorized herein, to be printed on the ballot in the following 
form: — 

In the case of an amendment to the constitution: Do 
you approve of the adoption of an amendment to the 
constitution summarized below, (here state, in dis- 
tinctive type, whether approved or disapproved by the 
general court, and by what vote thereon)? 



YES. 
NO. 



(Set forth summary here) 



In the case of a law: Do you approve of a law sum- 
marized below, (here state, in distinctive type, whether 
approved or disapproved by the general court, and by 
what vote thereon)? 



YES. 




NO. 





(Set forth summary here) 

[IV. Information for Voters. 

The secretary of the commonwealth shall cause to be printed and sent 
to each registered voter in the commonwealth the full text of every 
measure to be submitted to the people, together with a copy of the 
legislative committee's majority and minority reports, if there be such, 
with the names of the majority and minority members thereon, a 
statement of the votes of the general court on the measure, and a fair, 
concise summary of the measure as such summary will appear on the 
ballot; and shall, in such manner as may be provided by law, cause to be 
prepared and sent to the voters other information and arguments for and 
against the measure. [See Amendments, Art. CVIII.] 



Art. LXXV. Article LXXII of the amendments to the constitution 
providing for biennial sessions of the general court and a biennial budget 



Constitution of Massachusetts — Amendments. 1 23 



is hereby annulled, and all provisions of this constitution and of the 
amendments thereto which were annulled or affected by said Article 
shall have the same force and effect as though said Article had not been 
adopted. 

Art. LXXVI. Article XLV of the articles of amendment is hereby 
annulled and the following is adopted in place thereof: — 

Article XLV. The general court shall have power to provide by law 
for voting, in the choice of any officer to be elected or upon any question 
submitted at an election, by qualified voters of the commonwealth who, 
at the time of such an election, are absent from the city or town of which 
they are inhabitants or are unable by reason of physical disability to cast 
their votes in person at the polling places. [Annulled and superseded by 
Amendments, Art. CV.] 

Art. LXXVII. Article XVI of Part the First is hereby annulled and the 
following is adopted in place thereof: — 

Article XVI. The liberty of the press is essential to the security of 
freedom in a state: it ought not, therefore, to be restrained in this 
commonwealth. The right of free speech shall not be abridged. 

Art. LXXVIII. No revenue from fees, duties, excises or license taxes 
relating to registration, operation or use of vehicles on public highways, 
or to fuels used for propelling such vehicles, shall be expended for other 
than cost of administration of laws providing for such revenue, making 
of refunds and adjustments in relation thereto, payment of highway 
obligations, or cost of construction, reconstruction, maintenance and 
repair of public highways and bridges of the enforcement of state traffic 
laws; and such revenue shall be expended by the commonwealth or its 
counties, cities and towns for said highway purposes only and in such 
manner as the general court may direct; provided, that this amendment 
shall not apply to revenue from any excise tax imposed in lieu of local 
property taxes for the privilege of registering such vehicles. [Annulled 
and superseded by Amendments, Art. CIV.] 

Art. LXXIX. Article XVII of the Amendments of the Constitution, as 
amended, is hereby further amended by striking out, in the third 
sentence, the words "two persons who had the highest number of votes 
for said offices on the day in November aforesaid" and inserting in place 
thereof the words: — people at large — so that said sentence will read as 
follows: — In case of a failure to elect either of said officers on the day 



124 Constitution of Massachusetts — Amendments. 



in November aforesaid, or in case of the decease, in the meantime, of the 
person elected as such, such officer shall be chosen on or before the third 
Wednesday in January next thereafter, from the people at large, by joint 
ballot of the senators and representatives, in one room; and in case the 
office of secretary, or treasurer and receiver-general, or auditor, or 
attorney-general, shall become vacant, from any cause during an annual 
or special session of the general court, such vacancy shall in like manner 
be filled by choice from the people at large; but if such vacancy shall 
occur at any other time, it shall be supplied by the governor by 
appointment, with the advice and consent of the council. 

Art. LXXX. [Article LXIV of the Amendments to the Constitution is 
hereby amended by striking out section 1 and inserting in place thereof 
the following section: — 

Section 1. The governor, lieutenant-governor, councillors, secretary, 
treasurer and receiver-general, attorney-general, auditor, senators and 
representatives shall be elected biennially. The terms of the governor, 
lieutenant-governor and councillors shall begin at noon on the Thursday 
next following the first Wednesday in January succeeding their election 
and shall end at noon on the Thursday next following the first 
Wednesday in January in the third year following their election. If the 
governor elect shall have died before the qualification of the lieutenant- 
governor elect, the lieutenant-governor elect upon qualification shall 
become governor. If both the governor elect and the lieutenant-governor 
elect shall have died both said offices shall be deemed to be vacant and 
the provisions of Article LV of the Amendments to the Constitution shall 
apply. The terms of senators and representatives shall begin with the first 
Wednesday in January succeeding their election and shall extend to the 
first Wednesday in January in the third year following their election and 
until their successors are chosen and qualified. The terms of the 
secretary, treasurer and receiver-general, attorney-general and auditor, 
shall begin with the third Wednesday in January succeeding their 
election and shall extend to the third Wednesday in January in the third 
year following their election and until their successors are chosen and 
qualified.] [Annulled and superseded by Art. LXXXII.] 

Art. LXXXI. Section 1. Article XLVIII of the Amendments to the 
Constitution is hereby amended by striking out section 2, under 
the heading "The Initiative. IV. Legislative Action on Proposed 
Constitutional Amendments", and inserting in place thereof the 
following: — 



Constitution of Massachusetts — Amendments. 125 



Section 2. Joint Session. — If a proposal for a specific amendment of 
the constitution is introduced into the general court by initiative petition 
signed in the aggregate by not less than such number of voters as will 
equal three per cent of the entire vote cast for governor at the preceding 
biennial state election, or if in case of a proposal for amendment intro- 
duced into the general court by a member of either house, consideration 
thereof in joint session is called for by vote of either house, such 
proposal shall, not later than the second Wednesday in May, be laid 
before a joint session of the two houses, at which the president of the 
senate shall preside; and if the two houses fail to agree upon a time for 
holding any joint session hereby required, or fail to continue the same 
from time to time until final action has been taken upon all amendments 
pending, the governor shall call such joint session or continuance 
thereof. 

Section 2. Section 1 of that part of said Article XL VIII, under the 
heading "The Initiative. V. Legislative Action on Proposed Laws. ", is 
hereby amended by striking out said section and inserting in place 
thereof the following: — 

Section 1. Legislative Procedure. — If an initiative petition for a law 
is introduced into the general court, signed in the aggregate by not less 
than such number of voters as will equal three per cent of the entire vote 
cast for governor at the preceding biennial state election, a vote shall be 
taken by yeas and nays in both houses before the first Wednesday of 
May upon the enactment of such law in the form in which it stands in 
such petition. If the general court fails to enact such law before the first 
Wednesday of May, and if such petition is completed by filing with the 
secretary of the commonwealth, not earlier than the first Wednesday of 
the following June nor later than the first Wednesday of the following 
July, a number of signatures of qualified voters equal in number to not 
less than one half of one per cent of the entire vote cast for governor at 
the preceding biennial state election, in addition to those signing such 
initiative petition, which signatures must have been obtained after the 
first Wednesday of May aforesaid, then the secretary of the common- 
wealth shall submit such proposed law to the people at the next state 
election. If it shall be approved by voters equal in number to at least 
thirty per cent of the total number of ballots cast at such state election 
and also by a majority of the voters voting on such law, it shall become 
law, and shall take effect in thirty days after such state election or at such 
time after such election as may be provided in such law. 



126 Constitution of Massachusetts — Amendments. 



Section 3. Section 2 of that part of said Article XLVIII, under the 
heading "The Initiative. V. Legislative Action on Proposed Laws. ", is 
hereby amended by striking out said section and inserting in place 
thereof the following: — 

Section 2. Amendment by Petitioners. — If the general court fails to 
pass a proposed law before the first Wednesday of May, a majority of the 
first ten signers of the initiative petition therefor shall have the right, 
subject to certification by the attorney-general filed as hereinafter 
provided, to amend the measure which is the subject of such petition. An 
amendment so made shall not invalidate any signature attached to the 
petition. If the measure so amended, signed by a majority of the first ten 
signers, is filed with the secretary of the commonwealth before the first 
Wednesday of the following June, together with a certificate signed by 
the attorney-general to the effect that the amendment made by such 
proposers is in his opinion perfecting in its nature and does not materi- 
ally change the substance of the measure, and if such petition is com- 
pleted by filing with the secretary of the commonwealth, not earlier than 
the first Wednesday of the following June nor later than the first 
Wednesday of the following July, a number of signatures of qualified 
voters equal in number to not less than one half of one per cent of the 
entire vote cast for governor at the preceding biennial state election in 
addition to those signing such initiative petition, which signatures must 
have been obtained after the first Wednesday of May aforesaid, then the 
secretary of the commonwealth shall submit the measure to the people in 
its amended form. 

Section 4. Section 3 of that part of said Article XLVIII, under the 
heading "The Referendum. ///. Referendum Petitions", is hereby 
amended by striking out the sentence "If such petition is completed by 
filing with the secretary of the commonwealth not later than ninety days 
after the law which is the subject of the petition has become law the 
signatures of not less than fifteen thousand qualified voters of the 
commonwealth, then the operation of such law shall be suspended, and 
the secretary of the commonwealth shall submit such law to the people at 
the next state election, if thirty days intervene between the date when 
such petition is filed with the secretary of the commonwealth and the 
date for holding such state election; if thirty days do not so intervene, 
then such law shall be submitted to the people at the next following state 
election, unless in the meantime it shall have been repealed; and if it 
shall be approved by a majority of the qualified voters voting thereon, 
such law shall, subject to the provisions of the constitution, take effect in 
thirty days after such election, or at such time after such election as may 



Constitution of Massachusetts — Amendments. 127 



be provided in such law; if not so approved such law shall be null and 
void; but no such law shall be held to be disapproved if the negative vote 
is less than thirty per cent of the total number of ballots cast at such state 
election." and inserting in place thereof the following sentence: — If 
such petition is completed by filing with the secretary of the common- 
wealth not later than ninety days after the law which is the subject of the 
petition has become law a number of signatures of qualified voters equal 
in number to not less than two per cent of the entire vote cast for 
governor at the preceding biennial state election, then the operation of 
such law shall be suspended, and the secretary of the commonwealth 
shall submit such law to the people at the next state election, if sixty 
days intervene between the date when such petition is filed with the 
secretary of the commonwealth and the date for holding such state 
election; if sixty days do not so intervene, then such law shall be 
submitted to the people at the next following state election, unless in the 
meantime it shall have been repealed; and if it shall be approved by a 
majority of the qualified voters voting thereon, such law shall, subject to 
the provisions of the constitution, take effect in thirty days after such 
election, or at such time after such election as may be provided in such 
law; if not so approved such law shall be null and void; but no such law 
shall be held to be disapproved if the negative vote is less than thirty per 
cent of the total number of ballots cast at such state election. 

Section 5. Section 4 of that part of said Article XL VIII, under the 
heading "The Referendum. ///. Referendum Petitions.", is hereby 
amended by striking out the words "If such petition filed as aforesaid is 
completed by filing with the secretary of the commonwealth not later 
than ninety days after the law which is the subject of the petition has 
become law the signatures of not less than ten thousand qualified voters 
of the commonwealth protesting against such law and asking for a 
referendum thereon, then the secretary of the commonwealth shall 
submit such law to the people at the next state election, if thirty days 
intervene between the date when such petition is filed with the secretary 
of the commonwealth and the date for holding such state election. If 
thirty days do not so intervene, then it shall be submitted to the people at 
the next following state election, unless in the meantime it shall have 
been repealed; and if it shall not be approved by a majority of the 
qualified voters voting thereon, it shall, at the expiration of thirty days 
after such election, be thereby repealed; but no such law shall be held to 
be disapproved if the negative vote is less than thirty per cent of the total 
number of ballots cast at such state election." and inserting in place 
thereof the following: — If such petition filed as aforesaid is completed 
by filing with the secretary of the commonwealth not later than ninety 



128 Constitution of Massachusetts — Amendments. 



days after the law which is the subject of the petition has become law a 
number of signatures of qualified voters equal in number to not less than 
one and one half per cent of the entire vote cast for governor at the 
preceding biennial state election protesting against such law and asking 
for a referendum thereon, then the secretary of the commonwealth shall 
submit such law to the people at the next state election, if sixty days 
intervene between the date when such petition is filed with the secretary 
of the commonwealth and the date for holding such state election. 
If sixty days do not so intervene, then it shall be submitted to the people 
at the next following state election, unless in the meantime it shall have 
been repealed; and if it shall not be approved by a majority of the 
qualified voters voting thereon, it shall, at the expiration of thirty days 
after such election, be thereby repealed; but no such law shall be held to 
be disapproved if the negative vote is less than thirty per cent of the total 
number of ballots cast at such state election. 

Art. LXXXII. Article LXIV of the Amendments to the Constitution, 
as amended by Article LXXX of said Amendments, is hereby annulled, 
and the following is adopted in place thereof: — 

Article LXIV. Section 1. The governor, lieutenant-governor, secretary, 
treasurer and receiver-general, attorney-general, and auditor shall be 
elected quadrennially and councillors, senators and representatives shall 
be elected biennially. The terms of the governor and lieutenant-governor 
shall begin at noon on the Thursday next following the first Wednesday 
in January succeeding their election and shall end at noon on the 
Thursday next following the first Wednesday in January in the fifth year 
following their election. If the governor elect shall have died before the 
qualification of the lieutenant-governor elect, the lieutenant-governor 
elect upon qualification shall become governor. If both the governor 
elect and the lieutenant-governor elect shall have died both said offices 
shall be deemed to be vacant and the provisions of Article LV of the 
Amendments to the Constitution shall apply. The terms of the secretary, 
treasurer and receiver-general, attorney-general, and auditor shall begin 
with the third Wednesday in January succeeding their election and shall 
extend to the third Wednesday in January in the fifth year following their 
election and until their successors are chosen and qualified. The terms of 
the councillors shall begin at noon on the Thursday next following the 
first Wednesday in January succeeding their election and shall end at 
noon on the Thursday next following the first Wednesday in January in 
the third year following their election. The terms of senators and 
representatives shall begin with the first Wednesday in January succeed- 
ing their election and shall extend to the first Wednesday in January in 



Constitution of Massachusetts — Amendments. 129 



the third year following their election and until their successors are 
chosen and qualified. 

Section 2. The general court shall assemble every year on the first 
Wednesday in January. 

Section 3. The first election to which this article shall apply shall be 
held on the Tuesday next after the first Monday in November in the year 
nineteen hundred and sixty-six, and thereafter elections for the choice of 
a governor, lieutenant-governor, secretary, treasurer and receiver-general, 
attorney-general, and auditor shall be held quadrennially on the Tuesday 
next after the first Monday in November and elections for the choice of 
councillors, senators and representatives shall be held biennially on the 
Tuesday next after the first Monday in November. 

Art. LXXXIII. The general court shall have full power and authority 
to provide for prompt and temporary succession to the powers and duties 
of public offices, of whatever nature and whether filled by election or 
appointment, the incumbents of which may become unavailable for 
carrying on the powers and duties of such offices in periods of 
emergency resulting from disaster caused by enemy attack, and to adopt 
such other measures as may be necessary and proper for insuring 
continuity of the government of the commonwealth and the governments 
of its political subdivisions. 

Art. LXXXIV. Article LXII of the Amendments to the Constitution is 
hereby amended by striking out section 1 and inserting in place thereof 
the following section: — Section 1 . The commonwealth may give, loan 
or pledge its credit only by a vote, taken by the yeas and nays, of two- 
thirds of each house of the general court present and voting thereon. The 
credit of the commonwealth shall not in any manner be given or loaned 
to or in aid of any individual, or of any private association, or of any 
corporation which is privately owned and managed. 

Art. LXXXV. Article II of Chapter III of the Constitution of the 
commonwealth is hereby annulled and the following is adopted in place 
thereof: — 

Article II. Each branch of the legislature, as well as the governor or 
the council, shall have authority to require the opinions of the justices of 
the supreme judicial court, upon important questions of law, and upon 
solemn occasions. 



130 Constitution of Massachusetts — Amendments. 



Art. LXXXVI. Names of candidates of political parties for the offices 
of governor and lieutenant-governor shall be grouped on the official 
ballot for use at state elections according to the parties they represent, 
and the voter may cast a single vote for any such group, which shall 
count as a vote for each candidate in such group, but may not cast a vote 
for only one of the candidates in such group. 

Art. LXXXVII. Section 1 . For the purpose of transferring, abolishing, 
consolidating or coordinating the whole or any part of any agency, or the 
functions thereof, within the executive department of the government of 
the commonwealth, or for the purpose of authorizing any officer of any 
agency within the executive department of the government of the 
commonwealth to delegate any of his functions, the governor may 
prepare one or more reorganization plans, each bearing an identifying 
number and may present such plan or plans to the general court, together 
with a message in explanation thereof. 

Section 2. (a) Every such reorganization plan shall be referred to an 
appropriate committee, to be determined by the Clerks of the Senate and 
House of Representatives, with the approval of the President and 
Speaker, which committee shall not later than thirty days after the date of 
the Governor's presentation of said plan hold a public hearing thereon 
and shall not later than ten days after such hearing report that it approves 
or disapproves such plan and such reorganization plan shall have the 
force of law upon expiration of the sixty calendar days next following its 
presentation by the governor to the general court, unless disapproved by 
a majority vote of the members of either of the two branches of the 
general court present and voting, the general court not having been 
prorogued within such sixty days. 

(b) After its presentation by the governor to the general court, no 
such reorganization plan shall be subject to amendment by the general 
court before expiration of such sixty days. 

(c) Any such reorganization plan may provide for its taking effect on 
any date after expiration of such sixty days and every such reorganization 
plan shall comply with such conditions as the general court may from time 
to time prescribe by statute regarding the civil service status, seniority, 
retirement and other rights of any employee to be affected by such plan. 

Section 3. Article LXVI of the Amendments to the Constitution is 
hereby annulled. 

Art. LXXXVIII. The industrial development of cities and towns is a 
public function and the commonwealth and the cities and towns therein 



Constitution of Massachusetts — Amendments. 1 3 1 



may provide for the same in such manner as the general court may 
determine. 

Art. LXXXIX. Article II of the Articles of Amendment to the 
Constitution of the Commonwealth, as amended by Article LXX of said 
Articles of Amendment, is hereby annulled and the following is adopted 
in place thereof: — 

Article II. Section 1. Right of Local Self-Government. — It is the 
intention of this article to reaffirm the customary and traditional liberties 
of the people with respect to the conduct of their local government, and 
to grant and confirm to the people of every city and town the right of 
self-government in local matters, subject to the provisions of this article 
and to such standards and requirements as the general court may 
establish by law in accordance with the provisions of this article. 

Section 2. Local Power to Adopt. Revise or Amend Charters. — Any 
city or town shall have the power to adopt or revise a charter or to amend 
its existing charter through the procedures set forth in sections three and 
four. The provisions of any adopted or revised charter or any charter 
amendments shall not be inconsistent with the constitution or any laws 
enacted by the general court in conformity with the powers reserved to 
the general court by section eight. 

No town of fewer than twelve thousand inhabitants shall adopt a city 
form of government, and no town of fewer than six thousand inhabitants 
shall adopt a form of government providing for a town meeting limited 
to such inhabitants of the town as may be elected to meet, deliberate, act 
and vote in the exercise of the corporate powers of the town. 

Section 3. Procedure for Adoption or Revision of a Charter by a City 
or Town. — Every city and town shall have the power to adopt or revise 
a charter in the following manner: A petition for the adoption or revision 
of a charter shall be signed by at least fifteen per cent of the number of 
legal voters residing in such city or town at the preceding state election. 
Whenever such a petition is filed with the board of registrars of voters of 
any city or town, the board shall within ten days of its receipt determine 
the sufficiency and validity of the signatures and certify the results to the 
city council of the city or board of selectmen of the town, as the case 
may be. As used in this section, the phrase "board of registrars of voters" 
shall include any local authority of different designation which performs 
the duties of such registrars, and the phrase "city council of the city 
or board of selectmen of the town" shall include local authorities of 
different designation performing the duties of such council or board. 



132 Constitution of Massachusetts — Amendments. 



Objections to the sufficiency and validity of the signatures on any such 
petition as certified by the board of registrars of voters shall be made in 
the same manner as provided by law for objections to nominations for 
city or town offices, as the case may be. 

Within thirty days of receipt of certification of the board of registrars 
of voters that a petition contains sufficient valid signatures, the city 
council of the city or board of selectmen of the town shall by order 
provide for submitting to the voters of the city or town the question of 
adopting or revising a charter, and for the nomination and election of a 
charter commission. 

If the city or town has not previously adopted a charter pursuant to 
this section, the question submitted to the voters shall be: "Shall a 
commission be elected to frame a charter for (name of city or town)?" 
If the city or town has previously adopted a charter pursuant to this 
section, the question submitted to the voters shall be: "Shall a commis- 
sion be elected to revise the charter of (name of city or town)?" 

The charter commission shall consist of nine voters of the city or 
town, who shall be elected at large without party or political designation 
at the city or town election next held at least sixty days after the order of 
the city council of the city or board of selectmen of the town. The names 
of candidates for such commission shall be listed alphabetically on the 
ballot used at such election. Each voter may vote for nine candidates. 

The vote on the question submitted and the election of the charter 
commission shall take place at the same time. If the vote on the question 
submitted is in the affirmative, the nine candidates receiving the highest 
number of votes shall be declared elected. 

Within [ten months] after the election of the members of the charter 
commission, said commission shall submit the charter or revised charter to 
the city council of the city or the board of selectmen of the town, and 
such council or board shall provide for publication of the charter and for 
its submission to the voters of the city or town at the next city or town 
election held at least two months after such submission by the charter 
commission. If the charter or revised charter is approved by a majority of 
the voters of the city or town voting thereon, it shall become effective 
upon the date fixed in the charter. [See Amendments, Art. CXIII.] 

Section 4. Procedure for Amendment of a Charter by a City or Town. — 
Every city and town shall have the power to amend its charter in the 
following manner: The legislative body of a city or town may, by a two- 
thirds vote, propose amendments to the charter of the city or town; 
provided, that ( 1 ) amendments of a city charter may be proposed only with 
the concurrence of the mayor in every city that has a mayor, and (2) any 
change in a charter relating in any way to the composition, mode of election 



Constitution of Massachusetts — Amendments. 133 



or appointment, or terms of office of the legislative body, the mayor or city 
manager or the board of selectmen or town manager shall be made only by 
the procedure of charter revision set forth in section three. 

All proposed charter amendments shall be published and submitted 
for approval in the same manner as provided for adoption or revision of 
a charter. 

Section 5. Recording of Charters and Charter Amendments. — 
Duplicate certificates shall be prepared setting forth any charter that has 
been adopted or revised and any charter amendments approved, and shall 
be signed by the city or town clerk. One such certificate shall be 
deposited in the office of the secretary of the commonwealth and the 
other shall be recorded in the records of the city or town and deposited 
among its archives. All courts may take judicial notice of charters and 
charter amendments of cities and towns. 

Section 6. Governmental Powers of Cities and Towns. — Any city or 
town may, by the adoption, amendment, or repeal of local ordinances or 
by-laws, exercise any power or function which the general court has 
power to confer upon it, which is not inconsistent with the constitution or 
laws enacted by the general court in conformity with powers reserved to 
the general court by section eight, and which is not denied, either 
expressly or by clear implication, to the city or town by its charter. This 
section shall apply to every city and town, whether or not it has adopted 
a charter pursuant to section three. 

Section 7. Limitations on Local Powers. — Nothing in this article 
shall be deemed to grant to any city or town the power to (1) regulate 
elections other than those prescribed by sections three and four; (2) to 
levy, assess and collect taxes; (3) to borrow money or pledge the credit 
of the city or town; (4) to dispose of park land; (5) to enact private or 
civil law governing civil relationships except as an incident to an 
exercise of an independent municipal power; or (6) to define and provide 
for the punishment of a felony or to impose imprisonment as a punish- 
ment for any violation of law; provided, however, that the foregoing 
enumerated powers may be granted by the general court in conformity 
with the constitution and with the powers reserved to the general court 
by section eight; nor shall the provisions of this article be deemed to 
diminish the powers of the judicial department of the commonwealth. 

Section 8. Powers of the General Court. — The general court shall 
have the power to act in relation to cities and towns, but only by the 
general laws which apply alike to all cities, or to all cities and towns, or 



134 Constitution of Massachusetts — Amendments. 



to a class of not fewer than two, and by special laws enacted (1) on 
petition filed or approved by the voters of a city or town, or the mayor 
and city council, or other legislative body, of a city, or the town meeting 
of a town, with respect to a law relating to that city or town; (2) by a 
two-thirds vote of each branch of the general court following a recom- 
mendation by the governor; (3) to erect and constitute metropolitan or 
regional entities, embracing any two or more cities or towns or cities and 
towns, or established with other than existing city or town boundaries, 
for any general or special public purpose or purposes, and to grant to 
these entities such powers, privileges and immunities as the general court 
shall deem necessary or expedient for the regulation and government 
thereof; or (4) solely for the incorporation or dissolution of cities or 
towns as corporate entities, alteration of city or town boundaries, and 
merger or consolidation of cities and towns, or any of these matters. 

Subject to the foregoing requirements, the general court may provide 
optional plans of city or town organization and government under which 
an optional plan may be adopted or abandoned by majority vote of the 
voters of the city or town voting thereon at a city or town election; 
provided, that no town of fewer than twelve thousand inhabitants may be 
authorized to adopt a city form of government, and no town of fewer 
than six thousand inhabitants may be authorized to adopt a form of town 
government providing for a town meeting limited to such inhabitants of 
the town as may be elected to meet, deliberate, act and vote in the 
exercise of the corporate powers of the town. 

This section shall apply to every city and town whether or not it has 
adopted a charter pursuant to section three. 

Section 9. Existing Special Laws. — All special laws relating to 
individual cities or towns shall remain in effect and have the force of an 
existing city or town charter, but shall be subject to amendment or repeal 
through the adoption, revision or amendment of a charter by a city or 
town in accordance with the provisions of sections three and four and 
shall be subject to amendment or repeal by laws enacted by the general 
court in conformity with the powers reserved to the general court by 
section eight. 

Art. XC. Section 1. Article II of section I of Chapter I of Part the 
Second of the Constitution is hereby amended by striking out the second 
paragraph and inserting in place thereof the following paragraph: — 

And in order to prevent unnecessary delays, if any bill or resolve shall 
not be returned by the governor within ten days after it shall have been 
presented, the same shall have the force of a law. 



Constitution of Massachusetts — Amendments. 135 



Section 2. Article I of the Articles of Amendment to the Constitution 
is hereby annulled and the following is adopted in place thereof: — 

Article I. If any bill or resolve shall be objected to, and not approved 
by the governor, and if the general court shall adjourn within ten days 
after the same shall have been laid before the governor for his approba- 
tion, and thereby prevent his returning it with his objections, as provided 
by the constitution, such bill or resolve shall not become a law, nor have 
force as such. 

Section 3. Article LVI of the Articles of Amendment to the Constitution 
is hereby annulled and the following is adopted in place thereof: — 

Article LVI. The governor, within ten days after any bill or resolve 
shall have been laid before him, shall have the right to return it to the 
branch of the general court in which it originated with a recommendation 
that any amendment or amendments specified by him be made therein. 
Such bill or resolve shall thereupon be before the general court and 
subject to amendment and re-enactment. If such bill or resolve is re- 
enacted in any form it shall again be laid before the governor for his 
action, but he shall have no right to return the same a second time with a 
recommendation to amend. 

Section 4. Article LXIII of the Articles of Amendment to the Consti- 
tution is hereby amended by striking out Section 5 and inserting in place 
thereof the following section: — 

Section 5. Submission to the Governor. — The governor may disap- 
prove or reduce items or parts of items in any bill appropriating money. 
So much of such bill as he approves shall upon his signing the same 
become law. As to each item disapproved or reduced, he shall transmit to 
the house in which the bill originated his reason for such disapproval or 
reduction, and the procedure shall then be the same as in the case of a 
bill disapproved as a whole. In case he shall fail so to transmit his 
reasons for such disapproval or reduction within ten days after the bill 
shall have been presented to him. such items shall have the force of law 
unless the general court by adjournment shall prevent such transmission, 
in which case they shall not be law. 

Art. XCI. Whenever the governor transmits to the president of the 
senate and the speaker of the house his written declaration that he is unable 
to discharge the powers and duties of his office, the office of governor shall 
be deemed to be vacant within the meaning of this Constitution. 



136 Constitution of Massachusetts — Amendments. 



Whenever the chief justice and a majority of the associate justices of 
the supreme judicial court, or such other body as the general court may 
by law provide, transmit to the president of the senate and the speaker of 
the house their written declaration that the governor is unable to 
discharge the powers and duties of his office, the office of governor shall 
be deemed to be vacant within the meaning of this Constitution. 

Thereafter, in either of the above cases, whenever the governor 
transmits to the president of the senate and the speaker of the house his 
written declaration that no inability exists such vacancy shall be deemed 
to have terminated four days thereafter and the governor shall resume the 
powers and duties of his office unless the chief justice and a majority of 
the associate justices of the supreme judicial court, or such other body as 
the general court may by law provide, transmit within said four days to 
the president of the senate and the speaker of the house their written 
declaration that the governor is unable to discharge the powers and 
duties of his office. Thereupon the general court shall decide the issue, 
assembling within forty-eight hours for that purpose if not in session. If 
the general court within twenty-one days after receipt of the latter written 
declaration, or, if the general court is not in session, within twenty-one 
days after the general court is required to assemble, determine by a vote, 
taken by yeas and nays, of two-thirds of each house present and voting 
thereon, that the governor is unable to discharge the powers and duties of 
his office, the office of governor shall continue to be deemed to be 
vacant; otherwise such vacancy shall be deemed to have terminated and 
the governor shall resume the powers and duties of his office. 

The above provisions shall be applicable to the lieutenant-governor 
when the lieutenant-governor in case of a vacancy is performing all the 
duties incumbent upon the governor as provided in this Constitution. 

If a vacancy in the office of governor, as described in this Article, 
continues for six months and if such six-month period expires more than 
five months prior to a biennial state election other than an election for 
governor, there shall be an election of governor at such biennial state 
election for the balance of the unexpired four-year term. 

Art. XCII. [Section 1. In the year nineteen hundred and seventy- 
one and every tenth year thereafter a census of the inhabitants of each 
city and town shall be taken. Said census shall specify the number of 
inhabitants residing in each precinct of each town and in each precinct 
and ward of each city. Said census shall be the basis for determining the 
representative districts for the ten year period beginning with the first 
Wednesday in the fourth January following the taking of said census; 
provided that such districts as established in the year nineteen hundred 
and sixty-eight shall continue until the first Wednesday in January in the 
year nineteen hundred and seventy-five. 



Constitution of Massachusetts — Amendments. 1 3 7 



The house of representatives shall consist of two hundred and 
forty members. The general court shall, at its first regular session after 
the year in which said census was taken, divide the commonwealth into 
two hundred and forty representative districts of contiguous territory so 
that each representative will represent an equal number of inhabitants, as 
nearly as may be; and such districts shall be formed as nearly as may be, 
without uniting two counties or parts of two or more counties, two towns 
or parts of two or more towns, two cities or parts of two or more cities, 
or a city and a town, or parts of cities and towns, into one district; 
provided, however, that the county of Dukes county and Nantucket 
county shall each be a representative district. Such districts shall also be 
so formed that no town containing less than six thousand inhabitants 
according to said census shall be divided. The general court may by law 
limit the time within which judicial proceedings may be instituted calling 
in question any such division. Every representative, for one year at least 
immediately preceding his election, shall have been an inhabitant of the 
district for which he is chosen, and shall cease to represent such district 
when he shall cease to be an inhabitant of the commonwealth. The 
manner of calling and conducting the elections for the choice of repre- 
sentatives, and of ascertaining their election, shall be prescribed by law. 

Section 2. Each census of inhabitants required in section one shall 
likewise be the basis for determining the senatorial districts and also 
the councillor districts for the ten year period beginning with the first 
Wednesday in the fourth January following the taking of such census; 
provided that such districts as established prior to the year nineteen 
hundred and seventy-one shall continue until the first Wednesday in 
January in the year nineteen hundred and seventy-five. The senate shall 
consist of forty members. The general court shall, at its first regular 
session after the year in which said census is taken, divide the 
commonwealth into forty districts of contiguous territory, each district to 
contain, as nearly as may be an equal number of inhabitants according to 
said census; and such districts shall be formed, as nearly as may be, 
without uniting two counties, or parts of two or more counties, into one 
district. The general court may by law limit the time within which 
judicial proceedings may be instituted calling in question such division. 
Each district shall elect one senator, who shall have been an inhabitant of 
this commonwealth five years at least immediately preceding his 
election, and at the time of his election, shall be an inhabitant of the 
district for which he is chosen; and he shall cease to represent such 
senatorial district when he shall cease to be an inhabitant of the 
commonwealth. 



138 Constitution of Massachusetts — Amendments. 



Section 3. Articles XXI and XXII of the Amendments to the Consti- 
tution, as appearing in Article LXXI of said Amendments, are hereby 
annulled.] [Annulled and superseded by Amendments, Art. CI.] 

Art. XCIII. Article III of the Amendments to the Constitution, as 
amended, is hereby further amended by striking out the words "within 
the commonwealth one year, and". 

Art. XCIV. Article III of the Amendments to the Constitution, as 
amended, is hereby further amended by striking out the words "twenty- 
one" and inserting in place thereof the word: — nineteen. 

Art. XCV. Article III of the Amendments to the Constitution, as 
amended, is hereby further amended by striking out the words "pauper 
and". 

Art. XCVI. The general court shall have power to authorize the 
commonwealth to make loans, on such terms as it may deem reasonable, 
to any residents of the commonwealth for tuition and board at any 
college, university or other institution of higher learning. 

Art. XCVII. Article XLIX of the Amendments to the Constitution is 
hereby annulled and the following is adopted in place thereof: — The 
people shall have the right to clean air and water, freedom from 
excessive and unnecessary noise, and the natural, scenic, historic, and 
esthetic qualities of their environment; and the protection of the people 
in their right to the conservation, development and utilization of the 
agricultural, mineral, forest, water, air and other natural resources is 
hereby declared to be a public purpose. 

The general court shall have the power to enact legislation necessary 
or expedient to protect such rights. 

In the furtherance of the foregoing powers, the general court shall 
have the power to provide for the taking, upon payment of just 
compensation therefor, or for the acquisition by purchase or otherwise, 
of lands and easements or such other interests therein as may be deemed 
necessary to accomplish these purposes. 

Lands and easements taken or acquired for such purposes shall not be 
used for other purposes or otherwise disposed of except by laws enacted 
by a two-thirds vote, taken by yeas and nays, of each branch of the 
general court. 

Art. XCVIII. Article I of Chapter III of Part the Second of the 
Constitution, as amended by Article LVIII of the Amendments to the 



Constitution of Massachusetts — Amendments. 139 



Constitution, is hereby annulled and the following Article is adopted in 
place thereof: — 

Article I. The tenure, that all commissioned officers shall by law 
have in their offices, shall be expressed in their respective commissions. 
All judicial officers, duly appointed, commissioned and sworn, shall hold 
their offices during good behavior, excepting such concerning whom 
there is different provision made in this Constitution; provided, never- 
theless, the governor, with the consent of the council, may remove them 
upon the address of both houses of the legislature; and provided, also, 
that the governor, with the consent of the council, may after due notice 
and hearing retire them because of advanced age or mental or physical 
disability; and provided further, that upon attaining seventy years of age 
said judges shall be retired. Such retirement shall be subject to any 
provisions made by law as to pensions or allowances payable to such 
officers upon their voluntary retirement. 

Art. XCIX. Full power and authority is hereby given and granted to 
the general court to prescribe, for the purpose of developing and conserv- 
ing agricultural or horticultural lands, that such lands shall be valued, for 
the purpose of taxation, according to their agricultural or horticultural 
uses; provided, however, that no parcel of land which is less than five 
acres in area or which has not been actively devoted to agricultural or 
horticultural uses for the two years preceding the tax year shall be valued 
at less than fair market value under this article. 

Art. C. Article III of the Amendments to the Constitution, as amended, 
is hereby further amended by striking out the word indicating the age at 
which a citizen shall have a right to vote in an election of Governor and 
other public officers and inserting in place thereof the following word; — 
eighteen. 

Art. CI. [In the year nineteen hundred and seventy-five and every 
tenth year thereafter a census of the inhabitants of each city and town 
shall be taken. Said census shall specify the number of inhabitants 
residing in each precinct of each town and in each precinct and ward of 
each city. Said census shall be the basis for determining the 
representative districts for the ten year period beginning with the first 
Wednesday in the fourth January following the taking of said census; 
provided that such districts as established based on the census in the year 
nineteen hundred and seventy-one shall terminate on the first Wednesday 
in January in the year nineteen hundred and seventy-nine.] [See Amend- 
ments. Arts. CIX, CXVII and CXIX.l 



140 Constitution of Massachusetts — Amendments. 



The House of Representatives shall consist of one hundred and sixty 
members. The General Court shall, at its first regular session after the 
year in which said census was taken, divide the Commonwealth into one 
hundred and sixty representative districts of contiguous territory so that 
each representative will represent an equal number of inhabitants, as 
nearly as may be; and such district shall be formed, as nearly as may be, 
without uniting two counties or parts of two or more counties, two towns 
or parts of two or more towns, two cities or parts of two or more cities, or 
a city and a town, or parts of cities and towns, into one district. Such 
districts shall also be so formed that no town containing less than 
twenty-five hundred inhabitants according to said census shall be 
divided. The General Court may by law limit the time within which 
judicial proceedings may be instituted calling in question any such 
division. Every representative, for one year at least immediately 
preceding his election, shall have been an inhabitant of the district for 
which he is chosen and shall cease to represent such district when he 
shall cease to be an inhabitant of the Commonwealth. The manner of 
calling and conducting the elections for the choice of representatives, 
and of ascertaining their election, shall be prescribed by law. 

Section 2. [Each such census of inhabitants required in section one 
shall likewise be the basis for determining the senatorial districts and also 
the councillor districts for the ten year period beginning with the first 
Wednesday in the fourth January following the taking of such census; 
provided that such districts as established based on the census in the year 
nineteen hundred and seventy-one shall terminate on the first Wednesday in 
January in the year nineteen hundred and seventy-nine.] The Senate shall 
consist of forty members. The General Court shall, at its first regular 
session after the year in which said census is taken, divide the 
Commonwealth into forty districts of contiguous territory, each district to 
contain, as nearly as may be, an equal number of inhabitants according to 
said census; and such districts shall be formed, as nearly as may be, without 
uniting two counties, or parts of two or more counties, into one district. The 
General Court may by law limit the time within which judicial proceedings 
may be instituted calling in question such division. Each district shall elect 
one senator, who shall have been an inhabitant of this Commonwealth five 
years at least immediately preceding his election and at the time of his 
election shall be an inhabitant of the district for which he is chosen; and he 
shall cease to represent such senatorial district when he shall cease to be an 
inhabitant of the Commonwealth. The manner of calling and conducting the 
elections for the choice of senators and councillors, and of ascertaining 
their election, shall be prescribed by law. [Amended by Amendments, 
Art. CXVII, sect. 2 and Art. CXIX, sect. 2.] 



Constitution of Massachusetts — Amendments. 141 



Section 3. Original jurisdiction is hereby vested in the supreme 
judicial court upon the petition of any voter of the Commonwealth, filed 
with the clerk of the supreme judicial court for the Commonwealth, for 
judicial relief relative to the establishment of House of Representatives, 
councillor and senatorial districts. 

Section 4. Article XCII of the Amendments to the Constitution is 
hereby annulled. 

Art. CII. Article LII of the Articles of Amendment to the Constitution is 
hereby annulled and the following is adopted in place thereof: — 

Article LII. The General Court, by concurrent vote of the two houses, 
may take a recess or recesses amounting to not more than thirty days. 

Art. CHI. Article XL VI of the Articles of Amendment to the Consti- 
tution of the Commonwealth is hereby amended by striking out section 2 
and inserting in place thereof the following section: — 

Section 2. No grant, appropriation or use of public money or property 
or loan of credit shall be made or authorized by the Commonwealth or 
any political subdivision thereof for the purpose of founding, main- 
taining or aiding any infirmary, hospital, institution, primary or 
secondary school, or charitable or religious undertaking which is not 
publicly owned and under the exclusive control, order and supervision of 
public officers or public agents authorized by the Commonwealth or 
federal authority or both, except that appropriations may be made for the 
maintenance and support of the Soldiers' Home in Massachusetts and for 
free public libraries, in any city or town and to carry out legal obligations, if 
any, already entered into; and no such grant, appropriation or use of public 
money or property or loan of public credit shall be made or authorized for 
the purpose of founding, maintaining or aiding any church, religious 
denomination or society. Nothing herein contained shall be construed to 
prevent the Commonwealth from making grants-in-aid to private higher 
educational institutions or to students or parents or guardians of students 
attending such institutions. 

Article CIV. Article LXXVIII of the Amendments to the Constitution 
is hereby annulled and the following is adopted in place thereof: — 

Article LXXVIII. No revenue from fees, duties, excises or license 
taxes relating to registration, operation or use of vehicles on public high- 
ways, or to fuels used for propelling such vehicles, shall be expended for 



142 Constitution of Massachusetts — Amendments. 



other than cost of administration of laws providing for such revenue, 
making of refunds and adjustments in relation thereto, payment of 
highway obligations, or cost of construction, reconstruction, maintenance 
and repair of public highways and bridges, and mass transportation lines 
and of the enforcement of state traffic laws, and for other mass 
transportation purposes; and such revenue shall be expended by the 
commonwealth or its counties, cities and towns for said highway and 
mass transportation purposes only and in such manner as the general 
court may direct; provided, that this amendment shall not apply to 
revenue from any excise tax imposed in lieu of local property taxes for 
the privilege of registering such vehicles. 

Art. CV. Article XLV of the articles of amendment to the constitution, 
as amended by Article LXXVI of said articles of amendment, is hereby 
annulled and the following is adopted in place thereof: — 

Article XLV. The general court shall have power to provide by law 
for voting, in the choice of any officer to be elected or upon any question 
submitted at an election, by qualified voters of the commonwealth who, 
at the time of such an election, are absent from the city or town of which 
they are inhabitants or are unable by reasons of physical disability to cast 
their votes in person at the polling places or who hold religious beliefs in 
conflict with the act of voting on the day on which such an election is to 
be held. 

Art. CVI. Article I of Part the First of the Constitution is hereby 
annulled and the following is adopted: — 

All people are born free and equal and have certain natural, essential 
and unalienable rights; among which may be reckoned the right of 
enjoying and defending their lives and liberties; that of acquiring, 
possessing and protecting property; in fine, that of seeking and obtaining 
their safety and happiness. Equality under the law shall not be denied or 
abridged because of sex, race, color, creed or national origin. 

Art. CVII. Section 2 of Article LXIII of the Articles of Amendment 
to the Constitution of the Commonwealth is hereby annulled and the 
following is adopted in place thereof: — 

Section 2. The Budget. — Within three weeks after the convening of 
the general court the governor shall recommend to the general court a 
budget which shall contain a statement of all proposed expenditures of 
the commonwealth for the fiscal year, including those already authorized 
by law, and of all taxes, revenues, loans and other means by which such 



Constitution of Massachusetts — Amendments. 143 



expenditures shall be defrayed. In the first year of the term of office of a 
governor who has not served in the preceding year said governor shall 
recommend such budget within eight weeks after the convening of the 
general court. The budget shall be arranged in such form as the general 
court may by law prescribe, or. in default thereof, as the governor shall 
determine. For the purpose of preparing his budget, the governor shall 
have power to require any board, commission, officer or department to 
furnish him with any information which he may deem necessary. 

Art. CVIII. Article XLVIII of the Amendments to the Constitution of 
the Commonwealth is hereby amended by striking out, under the heading 
"GENERAL PROVISIONS," all of subheading "IV. Information for 
Voters.", as amended by section 4 of Article LXXIV of said 
Amendments, and inserting in place thereof the following subheading: 

IV. Information for Voters. 

The secretary of the commonwealth shall cause to be printed and sent to 
each person eligible to vote in the commonwealth or to each residence of 
one or more persons eligible to vote in the commonwealth the full text 
of every measure to be submitted to the people, together with a copy of the 
legislative committee's majority and minority reports, if there be such, with 
the names of the majority and minority members thereon, a statement of the 
votes of the general court on the measure, and a fair, concise summary of 
the measure as such summary will appear on the ballot; and shall, in such 
manner as may be provided by law, cause to be prepared and sent other 
information and arguments for and against the measure. 

Art. CIX. The first paragraph of Section 1 of Article CI of the 
Amendments to the Constitution of the Commonwealth is hereby amended 
by striking out the second sentence and inserting in place thereof the 
following two sentences: — 

For purposes of said census every person shall be considered an 
inhabitant of the city or town of his usual place of residence in 
accordance with standards used by the United States from time to time in 
conducting the federal census required by Section 2 of Article I of the 
Constitution of the United States subject to such exceptions as the 
general court may provide by law. Such census shall specify the number 
of inhabitants of each precinct of each town and of each precinct and 
ward of each city. [Amended by Art. CXVII.] 

Art. CX. Article XLI of the Amendments to the Constitution is 
hereby annulled and the following Article is adopted in place thereof: — 



144 Constitution of Massachusetts — Amendments. 



Full power and authority are hereby given and granted to the general 
court to prescribe for wild or forest lands and lands retained in a natural 
state for the preservation of wildlife and other natural resources and lands 
for recreational uses, such methods of taxation as will develop and conserve 
the forest resources, wildlife and other natural resources and the environ- 
mental benefits of recreational lands within the commonwealth. 

Art. CXI. No student shall be assigned to or denied admittance to a 
public school on the basis of race, color, national origin or creed. 

Art. CXII. Article IV of Chapter 1 of Part the Second of the Consti- 
tution is hereby amended by inserting after the words "and to impose and 
levy proportional and reasonable assessment, rates and taxes, upon all 
the inhabitants of, and persons resident, and estates lying, within said 
Commonwealth" the words: — , except that, in addition to the powers 
conferred under Articles XLI and XCIX of the Amendments, the general 
court may classify real property according to its use in no more than four 
classes and to assess, rate and tax such property differently in the classes 
so established, but proportionately in the same class, and except that 
reasonable exemptions may be granted. 

Art. CXIII. The first sentence of the sixth paragraph of Section 3 of 
Article II of the Amendments to the Constitution of the Commonwealth, 
as appearing in Article LXXXIX of said Amendments, is hereby 
amended by striking out the words "ten months" and inserting in place 
thereof the words: — eighteen months. 

Art. CXIV. No otherwise qualified handicapped individual shall, 
solely by reason of his handicap, be excluded from the participation in, 
denied the benefits of, or be subject to discrimination under any program 
or activity within the commonwealth. 

Art. CXV. No law imposing additional costs upon two or more cities 
or towns by the regulation of the compensation, hours, status, conditions 
or benefits of municipal employment shall be effective in any city or 
town until such law is accepted by vote or by the appropriation of money 
for such purposes, in the case of a city, by the city council in accordance 
with its charter, and in the case of a town, by a town meeting or town 
council, unless such law has been enacted by a two-thirds vote of each 
house of the general court present and voting thereon, or unless 
the general court, at the same session in which such law is enacted, 
has provided for the assumption by the commonwealth of such addi- 
tional cost. 



Constitution of Massachusetts — Amendments. 145 



Art. CXVI. Article XXVI of part 1 of the Constitution of the Common- 
wealth is hereby amended by adding the following two sentences: — No 
provision of the Constitution, however, shall be construed as prohibiting 
the imposition of the punishment of death. The general court may, for the 
purpose of protecting the general welfare of the citizens, authorize the 
imposition of the punishment of death by the courts of law having 
jurisdiction of crimes subject to the punishment of death. 

Art. CXVII. Section 1. Section 1 of Article CI of the Articles of 
Amendment to the Constitution is hereby amended by striking out the 
first paragraph, as amended by Article CIX of said Articles of Amend- 
ment, and inserting in place thereof the following paragraph: — 

The federal census shall be the basis for determining the 
representative districts for the ten year period beginning with the first 
Wednesday in the [fifth] January following the taking of said census. 
[Amended by Amendments, Art. CXIX, sect. 1.] 

Section 2. Section 2 of said Article CI of said Articles of 
Amendment is hereby amended by striking out the first sentence and 
inserting in place thereof the following sentence: — Said federal census 
shall likewise be the basis for determining the senatorial districts and 
also the councillor districts for the ten year period beginning with the 
first Wednesday in the [fifth] January following the taking of such 
census. [Amended by Amendments, Art. CXIX, sect. 2.] 

Art. CXVIII. The base compensation as of January first, nineteen 
hundred and ninety-six, of members of the general court shall not be 
changed except as provided in this article. As of the first Wednesday in 
January of the year two thousand and one and every second year there- 
after, such base compensation shall be increased or decreased at the same 
rate as increases or decreases in the median household income for the 
commonwealth for the preceding two year period, as ascertained by 
the governor. 

Art. CXIX. Section 1. Section 1 of Article CI of the Articles of 
Amendment to the Constitution is hereby amended by striking out the 
first paragraph, as appearing in section 1 of CXVII of said Articles of 
Amendment, and inserting in place thereof the following paragraph:-- 

The federal census shall be the basis for determining the 
representative districts for the ten year period beginning with the first 
Wednesday in the third January following the taking of said census. 



146 Constitution of Massachusetts — Amendments. 



Section 2. Section 2 of said Article CI is hereby amended by striking 
out the first sentence, as appearing in section 2 of said Article CXVII, 
and inserting in place thereof the following sentence: — Said federal 
census shall likewise be the basis for determining the senatorial districts 
and also the councillor districts for the ten year period beginning with 
the first Wednesday in the third January following the taking of said 
census. 

Art. CXX. Article III of the Amendments to the Constitution, as 
amended, is hereby further amended by inserting after the word 
"upwards" the following words: — , excepting persons who are 
incarcerated in a correctional facility due to a felony conviction, and. 

[Note. — Soon after the Declaration of Independence, steps were taken 
in Massachusetts toward framing a Constitution or Form of Govern- 
ment. The Council and House of Representatives, or the General Court 
of 1777-78, in accordance with a recommendation of the General Court, of 
the previous year, met together as a Convention, and adopted a form 
of Constitution "for the State of Massachusetts Bay." which was submitted 
to the people, and by them rejected. This attempt to form a Constitution 
having proved unsuccessful, the General Court on the 20th of February, 
1779, passed a Resolve calling upon the qualified voters to give in their 
votes upon the questions — Whether they chose to have a new Constitution 
or Form of Government made, and, Whether they will empower their 
representatives to vote for calling a State Convention for that purpose. 
A large majority of the inhabitants having voted in the affirmative to both 
these questions, the General Court, on the 17th of June, 1779, passed a 
Resolve calling upon the inhabitants to meet and choose delegates to 
a Constitutional Convention, to be held at Cambridge, on the 1st of 
September, 1779. The Convention met at time and place appointed, and 
organized by choosing James Bowdoin, President, and Samuel Barrett, 
Secretary. On the 1 1th of November the Convention adjourned, to meet at 
the Representatives' Chamber, in Boston, January 5th, 1780. On the 2d of 
March, of the same year, a form of Constitution having been agreed upon, a 
Resolve was passed by which the same was submitted to the people, and 
the Convention adjourned to meet at the Brattle Street Church, in Boston, 
June the 7th. At that time and place the Convention again met, and 
appointed a Committee to examine the returns of votes from the several 
towns. On the 14th of June the Committee reported, and on the 15th the 
Convention resolved, "That the people of the State of Massachusetts Bay 
have accepted the Constitution as it stands, in the printed form submitted to 
their revision." A Resolve providing for carrying the new Constitution into 
effect was passed; and the Convention then, on the 16th of June, 1780, was 



Constitution of Massachusetts — Amendments. 147 



finally dissolved. In accordance with the Resolves referred to, elections 
immediately took place in the several towns; and the first General Court of 
the Commonwealth of Massachusetts met at the State House, in Boston, 
on Wednesday, October 25th, 1780. 

The Constitution contained a provision providing for taking, in 1795, 
the sense of the people as to the expediency or necessity of revising the 
original instrument. But no such revision was deemed necessary at that 
time. On the 16th of June, 1820, an Act was passed by the General 
Court, calling upon the people to meet in their several towns, and give in 
their votes upon the question, "Is it expedient that delegates should be 
chosen to meet in Convention for the purpose of revising or altering the 
Constitution of Government of this Commonwealth?" A large majority 
of the people of the State having voted in favor of revision, the Governor 
issued a proclamation announcing the fact, and calling upon the people 
to vote, in accordance with the provisions of the aforesaid Act, for 
delegates to the proposed Convention. The delegates met at the State 
House, in Boston, November 15th, 1820, and organized by choosing 
John Adams, President, and Benjamin Pollard, Secretary. Mr. Adams, 
however, declined the appointment, and Isaac Parker was chosen in his 
stead. On the 9th of January, 1 82 1 , the Convention agreed to fourteen 
Articles of Amendment, and after passing a Resolve providing for 
submitting the same to the people, and appointing a committee to meet to 
count the votes upon the subject, was dissolved. The people voted on 
Monday, April 9th, 1821, and the Committee of the Convention met at 
the State House to count the votes, on Wednesday, May 24th. They made 
their return to the General Court; and at the request of the latter the 
Governor issued his proclamation on the 5th of June, 1821, announcing 
that nine of the fourteen Articles of Amendment had been adopted. 
These articles were numbered in the preceding pages from one to nine 
inclusive. The first Article was annulled by the ninetieth Article, the 
second Article by the eighty-ninth Article, the fifth Article by the jifty- 
third Article and the ninth Article by the forty-eighth Article. 

The tenth Article of Amendment was adopted by the General Court 
during the sessions of the political years 1829-30, and 1830-31, and was 
approved and ratified by the people May 1 1th, 1831. 

The eleventh Article of Amendment was adopted by the General 
Court during the sessions of the years 1832 and 1833, and was approved 
and ratified by the people November 1 1th, 1833. 

The twelfth Article of Amendment was adopted by the General Court 
during the sessions of the years 1835 and 1836, and was approved and 
ratified by the people November 14th, 1836. 

The thirteenth Article of Amendment was adopted by the General 
Court during the sessions of the years 1839 and 1840, and was approved 



148 Constitution of Massachusetts — Amendments. 



and ratified by the people April 6th, 1840. 

The General Court of the year 1851 passed an Act calling a third 
Convention to revise the Constitution. The Act was submitted to the 
people, and a majority voted against the proposed Convention. In 1852, 
on the 7th of May, another Act was passed calling upon the people to vote 
upon the question of calling a Constitutional Convention. A majority of 
the people having voted in favor of the proposed Convention, election for 
delegates thereto took place in March, 1853. The Convention met in the 
State House, in Boston, on the 4th day of May, 1853, and organized by 
choosing Nathaniel P. Banks, Jr., President, and William S. Robinson and 
James T. Robinson, Secretaries. On the 1st of August, this Convention 
agreed to a form of Constitution, and on the same day was dissolved, after 
having provided for submitting the same to the people, and appointed a 
committee to meet to count the votes, and to make a return thereof to the 
General Court. The Committee met at the time and place agreed upon, 
and found that the proposed Constitution had been rejected. 

The fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, and 
nineteenth Articles of Amendment were adopted by the General Court 
during the sessions of the years 1854 and 1855, and were approved and 
ratified by the people May 23d, 1855. The eighteenth Article was super- 
seded by the forty-sixth Article. 

The twentieth, twenty-first and twenty-second Articles of Amendment 
were adopted by the General Court during the sessions of the years 1856 
and 1857, and were approved and ratified by the people May 1st, 1857. 
The twenty-first and twenty-second Articles were annulled and super- 
seded by the seventy-first Article, which was subsequently annulled by 
the ninety-second Article. 

The twenty-third Article of Amendment was adopted by the General 
Court during the sessions of the years 1858 and 1859, and was approved 
and ratified by the people May 9th, 1859, and was annulled by the 
twenty-sixth Article. 

The twenty-fourth and twenty-fifth Articles of Amendment were 
adopted by the General Court during the sessions of the years 1859 and 
1860, and were approved and ratified by the people May 7th, 1860. 

The twenty-sixth Article of Amendment was adopted by the General 
Court during the sessions of the years 1862 and 1863, and was approved 
and ratified by the people April 6th, 1863. 

The twenty-seventh Article of Amendment was adopted by the 
General Court during the sessions of the years 1876 and 1877, and was 
approved and ratified by the people on the 6th day of November, 1877. 

The twenty-eighth Article of Amendment was adopted by the General 
Court during the sessions of the years 1880 and 1881, and was approved 
and ratified by the people on the 8th day of November, 1881. 

The twenty-ninth Article of Amendment was adopted by the General 



Constitution of Massachusetts — Amendments. 149 



Court during the sessions of the years 1884 and 1885, and was approved 
and ratified by the people on the 3d day of November, 1885. 

The thirtieth and thirty-first Articles of Amendment were adopted by the 
General Court during the sessions of the years 1889 and 1890, and were 
approved and ratified by the people on the 4th day of November, 1 890. 

The thirty-second and thirty-third Articles of Amendment were 
adopted by the General Court during the sessions of the years 1 890 and 
1891, and were approved and ratified by the people on the 3d day of 
November, 1891. 

The thirty-fourth Article of Amendment was adopted by the General 
Court during the sessions of the years 1891 and 1892, and was approved 
and ratified by the people on the 8th day of November, 1892. 

The thirty-fifth Article of Amendment was adopted by the General 
Court during the sessions of the years 1892 and 1893, and was approved 
and ratified by the people on the 7th day of November, 1893. 

The thirty-sixth Article of Amendment was adopted by the General 
Court during the sessions of the years 1 893 and 1 894, and was approved 
and ratified by the people on the 6th day of November, 1894. 

The thirty-seventh Article of Amendment was adopted by the General 
Court during the sessions of the years 1906 and 1907, and was approved 
and ratified by the people on the 5th day of November, 1907. 

The thirty-eighth Article of Amendment was adopted by the General 
Court during the sessions of the years 1909 and 1910, and was approved 
and ratified by the people on the 7th day of November, 1911. 

The thirty-ninth Article of Amendment was adopted by the General 
Court during the sessions of the years 1910 and 1911, and was approved 
and ratified by the people on the 7th day of November, 1911. 

The fortieth and forty-fust Articles of Amendment were adopted by the 
General Court during the sessions of the years 1911 and 1912, and were 
approved and ratified by the people on the 5th day of November, 1912. The 
forty-first Article was annulled by the one hundred and tenth Article. 

The forty-second Article of Amendment was adopted by the General 
Court during the sessions of the years 1912 and 1913, and was approved 
and ratified by the people on the 4th day of November, 1913, and was 
annulled by the forty-eighth Article. 

The forty-third and forty-fourth Articles of Amendment were adopted by 
the General Court during the sessions of the years 1914 and 1915, and were 
approved and ratified by the people on the 2d day of November, 1915. 

In his inaugural address to the General Court of 1916, Governor McCall 
recommended that the question of revising the Constitution, through a 
Constitutional Convention, be submitted to the people; and the General 
Court passed a law (chapter 98 of the General Acts of 1916) to ascertain 
and carry out the will of the people relative thereto, the question to be 



1 50 Constitution of Massachusetts — Amendments. 



submitted being "Shall there be a convention to revise, alter or amend 
the constitution of the Commonwealth?" The people voted on this 
question at the annual election, held on November 7, casting 217,293 
votes in the affirmative and 120,979 votes in the negative; and 
accordingly the Governor on Dec. 19, 1916, made proclamation to that 
effect, and, by virtue of authority contained in the act, called upon the 
people to elect delegates at a special election to be held on the first 
Tuesday in May, 1917. The election was on May 1. In accordance with 
the provisions of the act, the delegates met at the State House on June 6, 
1917, and organized by choosing John L. Bates, president, and James W. 
Kimball, secretary. After considering and acting adversely on numerous 
measures that had been brought before it, and after providing for 
submitting to the people the forty-fifth, forty-sixth, and forty-seventh 
Articles, at the state election of 1917, and the Article relative to the 
establishment of the popular initiative and referendum and the legislative 
initiative of specific amendments of the Constitution (Article forty-eight) 
at the state election of 1918, the Convention adjourned on November 28 
"until called by the President or Secretary to meet not later than within 
ten days after the prorogation of the General Court of 1918." 

The forty-fifth, forty-sixth and forty-seventh Articles of Amendment, 
ordered by the convention to be submitted to the people, were so 
submitted and were approved and ratified on the 6th day of November, 
1917. The forty-fifth Article was annulled and superseded by the seventy- 
sixth and one hundred and fifth Articles. 

On Wednesday, June 12, 1918, the convention reassembled and 
resumed its work. Eighteen more articles (Articles forty-nine to sixty-six, 
inclusive) were approved by the convention and were ordered to be 
submitted to the people. On Wednesday, August 21, 1918, the conven- 
tion adjourned, "to meet, subject to call by the President or Secretary, 
not later than within twenty days after the prorogation of the General 
Court of 1919, for the purpose of taking action on the report of the 
special committee on Rearrangement of the Constitution." 

The forty-eighth to the sixty-sixth (inclusive) Articles of Amendment, 
ordered by the convention to be submitted to the people, were so sub- 
mitted and were approved and ratified on the 5th day of November, 1918. 
The forty-ninth Article was annulled by the ninety-seventh Article, the 
fifty-second Article by the one hundred and second Article, the fifty-sixth 
Article by the ninetieth Article, the fifty-eighth Article by the ninety- 
eighth Article, the sixty-fourth Article by the eighty-second Article and 
the sixty-sixth Article by the eighty-seventh Article. Section 2 of the 
sixty-third Article was annulled by the one hundred and eighth Article. 

On Tuesday, August 12, 1919, pursuant to a call of its President, the 
Convention again convened. A rearrangement of the Constitution was 



Constitution of Massachusetts — Amendments. 1 5 1 



adopted, and was ordered to be submitted to the people for their ratifi- 
cation. On the following day, a subcommittee of the Special Committee 
on Rearrangement of the Constitution was "empowered to correct clerical 
and typographical errors and establish the text of the rearrangement of 
the Constitution to be submitted to the people, in conformity with that 
adopted by the Convention." On Wednesday, August 13, 1919, the 
Convention adjourned, sine die. On Tuesday, November 4, 1919, the 
rearrangement was approved and ratified by the people; but, as to the 
effect thereof, see Opinion of the Justices, 233 Mass. 603; and Loring v. 
Young, decided August 8, 1921 [see 239 Mass. 349]. [For text of the 
Rearrangement, see Manuals for the years 1920 to 1932, inclusive.] 

The sixty-seventh Article of Amendment was adopted by the General 
Court during the sessions of the years 1920 and 1921, and was approved 
and ratified by the people on the 7th day of November, 1922. 

The sixty-eighth and sixty-ninth Articles of Amendment were adopted by 
the General Court during the sessions of the years 1921 and 1923, and were 
approved and ratified by the people on the 4th day of November, 1924. 

The seventieth Article of Amendment was adopted by the General 
Court during the sessions of the years 1924 and 1925, and was approved 
and ratified by the people on the 2d day of November, 1926. 

The seventy-first Article of Amendment was adopted by the General 
Court during the sessions of the years 1928 and 1930, and was approved 
and ratified by the people on the 4th day of November, 1930. The 
seventy-first Article was annulled by the ninety-second Article. 

The seventy-second Article of Amendment (introduced by initiative 
petition) was approved by the General Court during the sessions of the 
years 1936 and 1937, and by the people on the 8th day of November, 
1938, and was annulled by the seventy-fifth Article. 

The seventy-third, seventy-fourth, seventy-fifth and seventy-sixth 
Articles of Amendment were adopted by the General Court during the 
sessions of the years 1941 and 1943, and were approved and ratified by 
the people on the 7th day of November, 1944. The seventy-sixth Article 
was annulled by the one hundred and fifth Article. 

The seventy-seventh Article of Amendment was adopted by the 
General Court during the sessions of the years 1945 and 1947, and was 
approved and ratified by the people on the 2d day of November, 1948. 

The seventy-eighth Article of Amendment was adopted by the 
General Court during the sessions of the years 1946 and 1947, and was 
approved and ratified by the people on the 2d day of November, 1948. 
The seventy-eighth Article was annulled by the one hundred and fourth 
Article. 

The seventy-ninth Article of Amendment was adopted by the General 
Court during the sessions of the years 1946 and 1948, and was approved 
and ratified by the people on the 2d day of November, 1948. 



152 Constitution of Massachusetts — Amendments. 



The eightieth Article of Amendment was adopted by the General 
Court during the sessions of the years 1947 and 1949, and was approved 
and ratified by the people on the 7th day of November, 1950. 

The eighty-first Article of Amendment was adopted by the General 
Court during the sessions of the years 1948 and 1949, and was approved 
and ratified by the people on the 7th day of November, 1950. 

The eighty-second Article of Amendment was adopted by the General 
Court during the sessions of 1961 and 1963, and was approved and 
ratified by the people on the 3d day of November, 1964. 

The eighty-third Article of Amendment was adopted by the General 
Court during the sessions of 1962 and 1963, and was approved and 
ratified by the people on the 3d day of November, 1964. 

The eighty-fourth Article of Amendment was adopted by the General 
Court during the sessions of 1961 and 1963, and was approved and 
ratified by the people on the 3d day of November, 1964. 

The eighty-fifth Article of Amendment was adopted by the General 
Court during the sessions of 1962 and 1963, and was approved and 
ratified by the people on the 3d day of November, 1964. 

The eighty-sixth, eighty-seventh, eighty-eighth and eighty-ninth 
Articles of Amendment were adopted by the General Court during the 
sessions of 1963 and 1965, and were approved and ratified by the people 
on the 8th day of November, 1966. 

The ninetieth Article of Amendment was adopted by the General 
Court during the sessions of 1965 and 1967; the ninety-first Article of 
Amendment was adopted by the General Court during the sessions of 
1966 and 1967; and both Articles were approved and ratified by the 
people on the 5th day of November, 1968. 

The ninety-second Article of Amendment was approved by the General 
Court during the sessions of 1968 and 1969; the ninety-third and ninety- 
fourth Articles of Amendment were approved by the General Court during 
the sessions of 1967 and 1969; and all three Articles were approved and 
ratified by the people on the 3d day of November, 1970. The ninety-second 
Article was annulled by the one hundred and first Article. 

The ninety-fifth, ninety-sixth, ninety-seventh, ninety-eighth, ninety- 
ninth and one hundredth Articles of Amendment were adopted by the 
General Court during the sessions of 1969 and 1971, and all six Articles 
were approved and ratified by the people on the seventh day of 
November, 1972. 

The one hundred and first and one hundred and second Articles of 
Amendment were adopted by the General Court during the sessions 1971 
and 1973, and both Articles were approved and ratified by the people on 
the fifth day of November, 1974. 



Constitution of Massachusetts — Amendments. 153 



The one hundred and third Article of Amendment was adopted by the 
General Court during the sessions of 1972 and 1973, and was approved 
and ratified by the people on the fifth day of November, 1974. 

The one hundred and fourth Article of Amendment was adopted by 
the General Court during the sessions of 1972 and 1974, and was 
approved and ratified by the people on the fifth day of November, 1974. 

The one hundred and fifth Article of Amendment was adopted by the 
General Court during the sessions of 1973 and 1976, and was approved 
and ratified by the people on the second day of November, 1976. 

The one hundred and sixth Article of Amendment was adopted by the 
General Court during the sessions of 1973 and 1975, and was approved 
and ratified by the people on the second day of November, 1976. 

The one hundred and seventh Article of Amendment was adopted by the 
General Court during the sessions of 1975 and 1977, and was approved and 
ratified by the people on the seventh day of November, 1978. 

The one hundred and eighth and one hundred and ninth Articles of 
Amendment were adopted by the General Court during the sessions of 
1976 and 1977, and were approved and ratified by the people on the 
seventh day of November, 1978. 

The one hundred and tenth Article of Amendment was adopted by the 
General Court during the sessions of 1976 and 1978, and was approved 
and ratified by the people on the seventh day of November, 1978. 

The one hundred and eleventh and one hundred and twelfth Articles 
of Amendment were adopted by the General Court during the sessions of 
1975 and 1977, and were approved and ratified by the people on the 
seventh day of November, 1978. 

The one hundred and thirteenth Article of Amendment was adopted by 
the General Court during the sessions of 1976 and 1977, and was approved 
and ratified by the people on the seventh day of November, 1978. 

The one hundred and fourteenth and one hundred and fifteenth 
Articles of Amendment were adopted by the General Court during the 
sessions of 1977 and 1980, and were approved and ratified by the people 
on the fourth day of November, 1980. 

The one hundred and sixteenth Article of Amendment was adopted by 
the General Court during the sessions of 1980 and 1982, and was approved 
and ratified by the people on the second day of November, 1982. 

The one hundred and seventeenth Article of Amendment was adopted 
by the General Court during the sessions of 1987 and 1990, and was 
approved and ratified by the people on the sixth day of November, 1990. 

The one hundred and eighteenth Article of Amendment was adopted 
by the General Court during the sessions of 1996 and 1998, and was 
approved and ratified by the people on the third day of November, 1998. 



1 54 Constitution of Massachusetts — Amendments. 



The one hundred and nineteenth and one hundred and twentieth 
Articles of Amendment were adopted by the General Court during the 
sessions of 1998 and 2000, and were approved and ratified by the people 
on the seventh day of November, 2000. 



AMENDMENTS REJECTED BY THE PEOPLE. 

[A proposed Article of Amendment prohibiting the manufacture and 
sale of Intoxicating Liquor as a beverage, adopted by the General Court 
during the sessions of the years 1888 and 1889, was rejected by the 
people on the twenty-second day of April, 1889.] 

[Proposed Articles of Amendment, ( 1 ) Establishing biennial elections 
of state officers, and (2) Establishing biennial elections of members of 
the General Court; adopted by the General Court during the sessions of 
the years 1895 and 1896, were rejected by the people at the annual 
election held on the third day of November, 1896.] 

[A proposed Article of Amendment to make Women eligible to 
appointment as Notaries Public, adopted by the General Court during the 
sessions of the years 1912 and 1913, was rejected by the people on the 
fourth day of November, 1913.] 

[A proposed Article of Amendment enabling Women to vote, adopted 
by the General Court during the sessions of the years 1914 and 1915, 
was rejected by the people on the second day of November, 1915.] 

[A proposed Article of Amendment to give the General Court the 
power to pass an income tax at graduated or proportioned rates, adopted 
by the General Court during the sessions of the years 1959 and 1961 was 
rejected by the people on the sixth day of November, 1962; and similar 
Articles of Amendment adopted by the General Court during the sessions 
of the years 1966 and 1967, 1973 and 1975, and 1992 and 1994 were 
rejected by the people on the fifth day of November, 1968, the second 
day of November, 1976, and the eighth day of November, 1994.] 

[A proposed Article of Amendment authorizing the Legislature to 
classify real property according to uses, and authorizing the assessment, 
rating and taxation of real property at different rates in the different 
classes so established, but proportionately in the same classes while 
granting reasonable exemptions and abatements, approved by the 
General Court during the sessions of the years of 1968 and 1969, was 
rejected by the people on the third day of November, 1970.] 



Constitution of Massachusetts — Amendments. 155 



[A proposed Article of Amendment authorizing the General Court to 
impose and levy a graduated income tax and to base such tax upon the 
federal income tax, adopted by the General Court during the sessions of 
the years 1969 and 1971, was rejected by the people on the seventh day 
of November, 1972.] 

[A proposed Article of Amendment changing the procedure by which 
the Legislature declares a measure to be an emergency law, adopted by 
the General Court during the sessions of the years 1977 and 1980, was 
rejected by the people on the fourth day of November, 1980.] 

[A proposed Article of Amendment permitting the Commonwealth or 
its political subdivisions to extend aid to non-public schools students 
within the limits of the United States Constitution, adopted by the 
General Court during the sessions of the years 1980 and 1982, was 
rejected by the people on the second day of November, 1982; and a 
similar Article of Amendment adopted by the General Court during the 
sessions of the years 1984 and 1986, was rejected by the people on the 
fourth day of November, 1986.] 

[A proposed Article of Amendment relative to allowing the General 
Court to regulate the practice and public funding of abortions consistent 
with the United States Constitution, adopted by the General Court during 
the sessions of the years 1984 and 1986, was rejected by the people on 
the fourth day of November, 1986.] 



156 Index to the Constitution. 



INDEX TO THE CONSTITUTION 



Page 

Abatements, tax on income, general court may grant 101 

Absent voting (See Voting) 

Act of incorporation (See Corporations) 

Acts and Resolves (See Laws, Referendum) 

Adjutant general, appointed by governor, annulled 73, 1 12 

Advertising on public ways, or private property, may be 

regulated by law 112 

Affirmations (See Oaths and Affirmations) 
Agricultural and horticultural land, taxation according 

to use 139, 144 

Agricultural resources, conservation of 1 12, 138, 139 

Agriculture, encouragement of 81 

Alimony, marriage, divorce, causes of, to be heard, by governor 

and council until other provision is made by law 78 

Allegiance (See Oaths and Affirmations) 

Amendments to constitution (See Constitution, initiative, method 
of amendment by) 

Ancient landmarks, preservation of 112 

Anti-aid amendment, to constitution, so-called 
aid to individuals, private associations or 

corporations privately owned not to be given to 

by commonwealth 56, 95, 101, 1 14, 129, 138, 141 

initiative petition, not subject to 103 

public credit, loan of, restricted by 95, 101, 1 14, 138, 141 

Antiquarian interest, property of, preservation of 112 

Apportionment 

councillor districts 76, 93, 93, 119, 131, 140, 145, 146 

representative districts 68, 90, 92, 93, 96, 118, 137, 139, 143, 145, 145 

senatorial districts 65,91,97, 119, 131, 140, 143, 145, 146 

Appropriation bill, general 

budget, to be based on 115 

special, may be enacted when 115 

Appropriations 

budget and regulation of money bills 1 15, 1 15, 142 

certain, prohibited (See also Anti-Aid Amendment to 

Constitution, so-called) 95, 102, 115, 141 

initiative or referendum petitions, not subject to 103, 108 

money bills, origin in house of representatives 69 

Note: — Ancient spelling used in text of original Constitution and early Amendments 
has been continued in this edition. 



Index to the Constitution. 157 



Page 
Armies 

maintenance of, without consent of legislature prohibited 58 

troops, quartering of, regulated 60 

Arms, right of people to keep and to bear 58 

Army, person serving in, not to be disqualified from voting for 
nonpayment of poll tax or having received aid from 

a city or town 98 

Arrest 

house of representatives, members of, exempted from, when 69 

search and seizure, right of, restricted 58 

Arts, encouragement of 81 

Assemble, legislature ought frequently to 59 

Assembly 

initiative, not to apply to 1 03 

peaceable, the right of 59 

Association, private, credit of commonwealth not to be given 

or loaned to 114 

Attorney General 

appointment of, by governor, annulled 73, 94 

congress, member of, not to be 88 

election of 

annually, annulled 94, 1 16 

biennially 1 16, 124 

quadrennially 128, 129 

determination of, by legislature 94 

governor, powers of, to be exercised by, when 113, 128 

incompatible offices, not to hold 83, 88 

inhabitant of commonwealth, for five years prior to 

election or appointment 94 

initiative and referendum measures, fair and concise 

summary of, to be determined by 103, 111, 120, 122 

initiative petition, form of, etc., to be submitted to .... 104, 109, 122 
amendments by petitioners, certificate to be furnished by .. 107, 126 

oath of office, prescribed 81 

form of 81,87 

qualification 

failure to qualify within ten days 94 

residence, five years required 94 

term of office 
four years from third Wednesday in January 

following election 94, 1 16, 124, 128 

vacancy in office of, filling of, method of 
death, prior to qualification 94, 123 



158 Index to the Constitution. 



Page 

failure to elect 94, 123 

failure to qualify within ten days 94 

governor by, if legislature is not in session 94, 123 

legislature by, if in session 94, 123 

Attorneys, district, election of, by people of the several districts .... 95 
Auditor 

election of 

annually, annulled 94, 1 16 

biennially 1 16, 124 

quadrennially 128, 129 

determination of, by legislature 94 

governor, power of, to be exercised, when 1 13, 128 

incompatible offices not to hold 83 

inhabitant of commonwealth, for five years prior to election or 

appointment 94 

oath of office 81 

form of 81,87 

qualification 

failure to qualify within ten days 94 

residence, five years required 94 

term of office 
four years from third Wednesday in January 
following election 94, 1 16, 124, 128 

vacancy in office of, filling of, method of 

death, prior to qualification 94, 123 

failure to elect 94, 123 

failure to qualify within ten days 94 

governor by, if legislature is not in session 94, 123 

legislature by, if in session 94, 123 

B 

Bail 

excessive, not to be required 60 

protection from unreasonable, not subject to initiative or 

referendum petition 103, 108 

Ballot 
amendments to constitution, proposed, fair and 

concise summary of, to be printed on 1 1 1, 120, 122, 143 

form of questions, to be printed on Ill, 120, 122, 143 

voting for civil officers by 68, 70 

Biennial elections (See Elections) 
Biennial sessions of general court 

adopted 120 

annulled 122 



Index to the Constitution. 1 59 



Page 
Bill 
appropriating money 

governor may disapprove or reduce items or parts 1 15, 134 

house of representatives, to originate 69 

general appropriation 

budget, to be based on 115 

governor may disapprove or reduce items or parts 1 15, 134 

special appropriation 
enactment of, after final action on general appropriation bill ... 115 
enactment of, before final action on general appropriation 
bill to be made only on recommendation of the 

governor 115 

Bill of Rights 

declaration of, Part the First 55-60, 142, 144 

rights given by, not subject to initiative or referendum 

petition 103, 108 

Bills and Resolves 
amendments of, governor may recommend by returning to 

general court within ten days 1 13, 134 

re-enactment of bill to be laid before governor, no right to 

again return to legislature 1 13, 134 

effective, if signed by governor 62 

governor may return within ten days of presentation, unless 
legislature adjourns prior thereto, when such bill shall 

not become law 86, 134 

law, to become, if not signed or returned by governor within 

ten days 62, 113, 134 

exception 86 

veto of, upon written objection to by governor, to be returned 
to branch in which originated, and if passed by two- 
thirds vote of each branch present and voting by yeas 

and nays shall become law 61 

Blind, care of, in privately controlled hospitals may be 

compensated from public funds 102 

Boards and commissions, general court to supervise and regulate 

by law 116 

Boards, public, reports to be made quarterly to governor 74 

Body Politic 

formation and nature of 54 

title of: The Commonwealth of Massachusetts 61 

Bribery or corruption, conviction of, for procuring appointment 
or election to public office, disqualification from 
holding office 83 



1 60 Index to the Constitution. 



Page 

Budget 

annual 115, 122 

biennial, established, annulled 120, 122 

general court may prescribe form 115 

general appropriation bill, to be based on 115 

governor to recommend to general court 1 15, 142 

supplementary, provisions for 115 

Buildings, zoning of, general court may authorize 114 



Capital punishment 145 

Census 
apportionment of representatives 

to be based on 63, 65, 68, 1 18, 136, 139, 144, 145, 145 

inhabitants of, to be taken every tenth year 63, 136, 139 

ratable polls, annulled 90, 97 

federal standards applied 144, 145, 145 

Change of name, women notaries public to re-register 

under married name 117 

Change of residence, voter not disqualifed to vote for state 

officers, by reason of, until the expiration of six months 98 

Charitable or religious institutions 
privately controlled, care of blind, deaf or dumb in, may be 

paid for out of state funds 102 

public control of, to be exclusive, to be entitled to receive 

public funds, exception 101, 1 14 

Charters, franchises or acts of incorporation, revocation and 

amendment, to remain always subject to 114 

cities and towns, adoption, amendment, recording 

or revision of 131, 132, 133, 141 

Church, religious denomination or society, public 

credit for or loan to, prohibited 101, 1 14, 141 

Cities 

aid to private schools prohibited 101 

general court may grant city charter to towns over 

twelve thousand inhabitants 86 

Cities and towns 
aid to certain institutions with public moneys 

prohibited 101, 141 

ancient landmarks, may take for public use 112 

charters, adoption, amendment, recording or 

revision of 131, 132, 133, 144 

food and shelter in time of war, may provide 102 



Index to the Constitution. 1 6 1 



Page 

general court powers 133, 144 

governmental powers 133 

imposition of additional costs by legislature 144 

industrial development 130 

land taking for laying out highways or streets, when 

authorized by the legislature 100 

local powers, limitation of 133 

offices of, may be held regardless of sex 117 

special laws 134 

zoning of buildings by, general court may authorize 114 

City 
law restricted to a particular, excluded from initiative 

and referendum 103, 108 

representation of, in legislature 68, 90, 91, 95, 97, 118, 119 

Civil authority, military power to be subordinate to 58 

Civil cases, right to trial by jury 58 

Civil officers 

annual election of, certain, annulled 93, 94, 1 16 

biennial election of, certain 116, 128 

votes, plurality of, required for election 93 

Clerk, city and town 

elections, to make records and returns of 65 

representative districts, description of each and number of 

legal voters in, to be filed with 95, 1 18 

Clerk of Courts 

election of, method of, legislature to prescribe 95 

incompatible offices, not to hold 83, 88 

Clerk of the house of representatives, incompatible office, 

not to have seat in senate or house of representatives 83 

Clerk of the Supreme Judicial Court, incompatible offices, 

not to hold 83, 88 

Cohasset, Plymouth County, to be considered part of, in the 

apportionment of representatives 96, 1 18 

College, public funds not to be granted to, if not publicly 

owned and controlled 101, 141 

Colonial Laws, continued in force if not repugnant to 

the constitution 84 

Commander-in-chief of army and navy, governor to be 72, 1 13 

Commerce, encouragement of 81 

Commissary General, office abolished 77, 87, 1 13 

Commissioned officers, appointment and examination of . . . 73, 78, 1 13 
Commissioners of insolvency, election of, by people of 

the several counties, annulled 95, 100 



1 62 Index to the Constitution. 



Page 
Commissions 

civil officers, of, tenure of office to be expressed in 78 

military and naval officers, of 113 

provisions respecting the issuance of 84 

Committees or commissions, recess, members of general court 

not to be compensated for service upon, exception 116 

Common pleas, courts of, judges of, not to hold other office 88 

Commonwealth 

ancient or historical landmarks, may take for public use 112 

anti-aid amendment, so-called, public funds not to be used 

to aid or support private schools or institutions 95, 101, 141 

assumption of additional costs to cities and towns 144 

credit of, not to be given to aid private enterprises .... 1 14, 129, 141 
invasion or insurrection, may borrow money to repel or to 

assist the United States in case of war 114 

name of, established 61 

records of, secretary of the commonwealth to have custody of ... . 77 

war, may provide food and shelter during time of 102 

Compact of government. Preamble 54 

Compensation, private property, taking of, for 57 

Compulsory voting at elections, general court may provide for .... 114 
Congress 

delegates to, annulled 79 

members of, not to hold certain state offices 88 

Conservation 

natural resources, of 1 12, 138, 143 

wild forest lands, of 100, 143 

Constitution 

adoption and establishment of 54 

amendment or revision of, prior to adoption of amendment 

Art. XLVIII establishing the initiative 85, 88, 103 

departments of state government limited to twenty 116 

enrollment of, to be on parchment and to be deposited in the 

office of the secretary of the commonwealth 85 

fundamental principles of, to be maintained to assure a free 

government 59 

initiative, method of amendment by 

adoption of amendment, effective date of 106 

alternative or conflicting measures, adoption of, by the 

people, which shall govern 107 

amendment of, proposed amendment only by three-fourths 
of members voting thereon in the affirmative in 
joint session 105, 124 



Index to the Constitution. 1 63 



Page 

attorney general to certify if proper 104, 120 

time of filing, not later than first Wednesday in August 120 

ballot 
blanks for subsequent signatures, secretary of the 

commonwealth to provide 104, 120 

fair and concise summary of, to appear on 1 1 1, 122, 143 

form of Ill, 122 

definitions, initiative amendment, legislative substitute, 

legislative amendment 105 

excluded matters not subject to 103 

filing of, time of 
attorney general, not later than first Wednesday 

in August 104, 120 

secretary of the commonwealth, not earlier than first 
Wednesday in September and subsequent signatures 

not later than first Wednesday in December 104, 120 

final action by legislature in joint session on, vote to be 

taken by call of yeas and nays 105 

general court, transmission of petition to 105 

governor, when to call joint session of senate and house 

for action on proposal for amendment 105, 124 

information to voters, secretary of the commonwealth 
to cause proposed amendment to be printed and 

sent to voters 1 1 1, 122, 143 

full text, to set forth Ill, 122, 143 

majority and minority reports of legislative 

committees, to contain Ill, 122, 143 

initiative amendment, reference to next general court upon 
receiving affirmative votes of not less than one-fourth 

of all members elected 106 

joint session of legislature to act on 105, 124 

legislative action on, vote to be taken by call of 

yeas and nays 105 

legislative amendment 

defined 105 

introduced by member of general court, to be known as 105 

reference to the next general court upon receiving 
affirmative votes of majority of all members elected, 
if next general court agrees in the same manner, 

amendment shall be submitted to the people 106 

vote on, for approval by the voters, to be by majority 
of the voters voting thereon 106 



1 64 Index to the Constitution. 



Page 
legislative substitute 

action on 105 

defined 105 

vote on, required 105, 105 

mode of originating 104, 120 

part of, to become, if approved by thirty per cent of the 
total number of ballots cast and by a majority of the 

voters voting thereon 106 

petition for 

certification of signatures on 110 

objections to 110 

certified signatures of not more than one-fourth to be 

those of registered voters of any one county 110 

circulation of, for hire or reward, law to regulate 110 

filing of, signatures often voters required on, submission 
to attorney general as to form, etc., filing with 

secretary of the commonwealth 104, 120 

reference to legislative committee 104 

report of, required 1 04 

reference to next general court, upon receiving affirmative 

votes of not less than one-fourth of all members elected 105 

signatures to petitions for, regulation of 110 

signed by ten qualified voters 104, 120 

submission to attorney general 104, 120 

proper form of, to approve 104, 120 

submission to voters 106 

subsequent signers, number required 104, 120, 126 

two general courts to consider 105 

printing of, in all editions of laws required 85 

reading of, ability to, necessary to qualify as voter 95 

Convicted felons, voting exception 146 

Co-partnership, initiative or referendum petitions, circulation by, 

for hire, general court may regulate 110 

Coroners, appointment of, by governor with advice and 

consent of council 73 

Corporations (See also Charitable or Religious Institutions) 
charter or act of incorporation of, subject to revocation or 

amendment 114 

initiative or referendum petitions, circulation by, for hire, 

general court may regulate 110 

private, not to be given credit of commonwealth 114 

Corrupt practices in elections, voting, disqualification for, upon 

conviction 100 



Index to the Constitution. 1 65 



Page 
Corruption or bribery, conviction of, for procuring appointment 
or election to public office, disqualification from 

holding office 83 

Council 

commissioned officers, appointment of, to confirm 73, 78, 87 

districts (See also Councillor Districts) 

number of, eight 76, 92 

election returns of certain state officers, to examine 93 

governor may call together 71 

incompatible offices, not to hold 83, 88 

judicial officers, consent of, required, to retire, annulled .... 114, 138 
lieutenant governor to be a member of, and to have vote in, 

except in absence of governor 75 

members of 
election of 

annual, annulled 76, 88, 93 

biennial 116, 124, 128, 129 

joint session of legislature, for, last Wednesday 

in May, annulled 76, 88, 92, 93 

manner of, same as governor 93 

number of, eight 76, 92, 93 

oath of office of, to be taken before president of the 

senate in the presence of two houses of assembly 82 

form of 81,87 

officers serving directly under the governor or council 
not to be included in any of the twenty departments 

limited by the constitution 116 

opinions of supreme judicial court, may require on important 

questions of law 129 

power of governor, to be exercised when offices of governor 

and lieutenant governor are vacant 76, 93 

powers and duties, to advise the governor in the executive part 

of the government 76 

qualifications for holding office 
property ownership, freehold or other estate required, 

annulled 64, 93 

residence within the commonwealth, five years 93 

quorum, five members to constitute 65, 76, 93 

rank of, members of, to be next after lieutenant governor in 

civil arrangement 76 

register of, may be called for by either house of the legislature .... 76 
resolutions and advice to be recorded in register and signed 

by members 76 



1 66 Index to the Constitution. 



Page 
term of office (See also members of) 
biennially, including to noon on Thursday following 

the first Wednesday in January 116, 124, 128 

vacancy in office, legislature if in session, to fill by election 
of resident of the district by concurrent vote of senate 
and house; if not in session, to be filled by governor 

with advice and consent of the council 93, 98 

Councillor districts 
determination of, for ten year period after 

each census 93, 1 19, 137, 140, 145, 146 

establishment of eight 93 

federal census to be basis for apportionment of districts 145, 146 

redivision of commonwealth into, after each census 93, 1 19 

five contiguous senatorial districts to consist of 93 

Counties 
districts for choice of councillors and senators ... 64, 93, 97, 119, 137 
election of county officers, legislature to provide for exception .. 100 
land taking for laying out highways or streets, when 

authorized by the legislature 100 

laws restricted to particular counties not subject to 

initiative or referendum petitions 103, 108 

offices of, may be held regardless of sex 117 

County attorney, congressman not to be 88 

County commissioners or special commissioners in each 
county, division of county into representative 

districts, duties in respect to 96, 1 18, 137 

County treasurer, legal voters, number of, in representative 
districts of such county to be returned to, and a 

description of such districts as numbered 96, 1 18 

Courts 

abolition of, not subject to initiative or referendum 103, 108 

clerks of, election of, by the people of the several counties 95 

initiative or referendum petitions 

decisions of, not subject to 103, 108 

powers of, creation or abolition of, not subject to 103, 108 

rights of access to or protection of, not subject to 103 

judges of (See Judges and Judicial Officers) 

judicial powers of, not to be exercised by the executive or 

legislative branches of the government 60 

probate courts (See Probate Courts) 
Supreme judicial court (See Judges and Judicial Officers) 
Courts or judicatories and courts of record 
administration of oaths and affirmations by 62 



Index to the Constitution. 167 



Page 
established by general court 62 

Credit of commonwealth, certain private enterprises, 

not to be granted to 56, 1 14, 129, 141 

Crimes or offences 

Ex post facto laws prohibited 59 

pardoning power of, governor and council, regulated 72, 120 

prosecution for, regulated 57 

punishment of death 145 

Criminal law, regulation of, administration of 59 

Criminal prosecutions 

trial by jury, right to, exception 58 

verification of facts, in vicinity where they happen essential 58 



Deaf, care of, in privately controlled hospitals may be 

compensated 102 

Death penalty 145 

Debate, freedom of, in legislature 59 

Declaration of rights 

certain rights under, not subject to initiative petition 103 

inhabitants of the commonwealth, 

to belong to 55-60, 142, 144, 144 

Delegates to congress, annulled by the provisions 

of the constitution of the United States 79 

Denomination, religious 
appropriation of public money not to be made to 

found any 101, 129, 141 

doctrine of any, public money not to be granted to 

institution which inculcates 101, 129, 141 

Departments 
executive and administrative work of commonwealth to be 

performed by not more than twenty departments 116 

legislative, executive and judicial, to be kept separate 60 

Distress, food, shelter and other necessaries may be provided 

during time of 102 

District attorneys 

congressmen, not to be 88 

election of, by people of the several districts 95 

Districts. (See Councillor districts) 
(See House of Representatives) 
(See Senate) 
Districts of commonwealth, law restricted to particular, 

not subject to initiative or referendum 103, 108 



168 Index to the Constitution. 



Page 
Divisions of commonwealth, law restricted to particular, 

not subject to initiative or referendum 103, 108 

Divorce, alimony and marriage, causes to be heard by governor 

and council until other provision is made by law 78 

Doctrine, denominational, public money not to be granted to 

institution which inculcates 101 

Dumb, care of, in privately controlled hospitals may 

be compensated 1 02 

Duties and excises, general court may impose and levy reasonable . . 59 

E 

Easements, preservation of natural resources, may be 

taken for 1 12, 138 

Ecological Bill of Rights 138 

Education, encouragement of literature 79 

Harvard College, powers and privileges 79 

loans for tuition and board 138 

private, no public aid for 101 

qualification for suffrage 95 

Education, higher, loans for tuition and board 138, 141 

aid grants to private institutions 141 

Educational undertaking, public money forbidden to, 

if not under exclusive public control 101 

Eighteenth amendment of constitution, not subject to 

initiative petition 103 

Eighteen year old voting 139 

Elections 

absent voting at, general court to provide for 101, 123, 142 

eighteen year old voting 139 

quadrennially, state officers, on first Tuesday next after 

first Monday in November 128 

compulsory voting at, general court may provide for 114 

freedom of, guaranteed, not subject to initiative or 

referendum 57, 103, 108 

physically disabled, general court may provide for 

absent voting by, at 123, 142 

plurality of votes, constitutional officers must have for 93 

record of returns of votes 65, 94 

referendum on acts and resolves (See Referendum) 
Representative, failure to elect, meeting on fourth Monday 

of November 93 

voting machines may be used at 100 

Eligibility for office, sex not to affect 117 



Index to the Constitution. 1 69 



Page 
Emergency, necessaries of life, etc., may be provided in cases of . . 102 
Emergency Laws 

franchises, grant of certain, not be declared 108 

preamble, to contain 108 

referendum on (See also Referendum) 

repeal of certain, petitions for 109 

yea and nay vote upon, when required 117 

Eminent domain 

exercise of right of 57, 112, 138 

initiative, right of, not subject to 103 

Enacting style, established for all acts, statutes and laws 84 

Enforcement of law, military and naval forces may be 

employed by governor for 72, 1 13 

English language, knowledge of, as qualification to vote or 

eligibility to office 95 

Enrollment on parchment of constitution 85 

Equality, all persons to have 55, 56, 142, 144 

public school admission 144 

Estates, valuation of, to be taken every ten years 63 

Ex post facto laws, declared unjust and oppressive 59 

Excises, power of general court to impose and levy reasonable 59 

Executive department, legislative or judicial powers, 

not to exercise 60 

Executive and administrative departments, organized into not 

more than twenty 116 

reorganization plans, governor may prepare and present 

to general court 130 

Exemptions, tax on income, general court may grant 

reasonable 101 

Exigency, public, necessaries of life and shelter may 

be provided 102 



Fees, use of, limited to highway purposes, annulled 123, 141 

Federal officers, state offices, certain, not to hold 88 

Felons, convicted, voting exception 146 

Felony, pardon of, general court may prescribe terms 72, 120 

Felony or treason, legislature not to declare subject guilty of 60 

Fines, excessive, not to be imposed 60 

Food, provision for, during time of war 102 

Forest 

conservation of resources 112, 138, 143 

taxation of, land to develop and conserve 100, 143, 144 



1 70 Index to the Constitution. 



Page 

Form of question, initiative and referendum, on ballot 1 1 1, 122 

Forts (See Garrisons and forts) 

Frame of government 61 

Franchise 
none for more than one year can be declared emergency law .... 108 

revocation and amendment, forever subject to 114 

Free public libraries, appropriations to maintain, permitted 102 

Freedom of debate, guaranteed in legislature 59 

Freedom of press 58, 123 

initiative and referendum on, prohibited 103 

Freedom of speech 123 

Freehold 

council, not required, for membership in 93 

general court, not required, for membership in 93 

governor, required of, provision annulled 70, 99 

G 

Garrisons and forts, commanding officers of, to report 

quarterly to governor 74 

General Appropriation Bill 

budget, to be based on 115 

submission by governor, time allotted 115, 142 

submission to governor, powers in respect to 1 15, 135 

General Court 

absent voting, may provide for 101, 123, 142 

adjournment of (See also General Court, recess of) 
bill or resolve not to become law, if governor fails to 

return the same prior to 86, 135 

disagreement between the two branches to, governor 
and council may adjourn or prorogue for period 

not exceeding ninety days 71 

governor and council upon request may adjourn or prorogue .... 71 
time of, not to exceed two days while in session, 

exception 67, 69, 1 12 

time of, not to exceed thirty days while in session 141 

agricultural and horticultural land, taxation according 

to use 139, 144 

amendment or repeal by, of laws approved by the people, 

subject to veto or referendum Ill 

ancient landmarks, may authorize and regulate the taking of 112 

appointment 

members of, to certain offices prohibited 83, 88, 1 16 

officers of, may provide for and fix their duties 67, 69 



Index to the Constitution. 1 7 1 



Page 
appropriations by 

initiative and referendum petitions, not subject to 103, 108 

armies, maintenance of, consent of, required 58 

assembly of 

annually in January 88, 120, 122, 128 

biennially in January, annulled 120, 122 

frequently to be, may dissolve 59, 88 

governor and council may call 71 

assumption of additional costs to cities and towns 144 

base compensation, procedure 145 

bills and resolves passed by, governor to sign, veto or 

return for amendment within ten days 61, 86, 135 

bribery or corruption, conviction of, for procuring 

election to public office, disqualified from 

holding office as a member of 83 

budget, powers of, in respect to 115 

by-laws or ordinances of cities and towns, subject to 

annullment by 86 

cities, empowered to charter 86 

cities and towns, powers of General Court 133, 144 

clerks of the courts, to provide for election of 95 

commissioners of insolvency, to provide for election of, 

annulled 95, 100 

compensation of members, procedure 145 

compulsory voting, may provide for 114 

corrupt practices, persons convicted of, not to hold seats in 83 

councillor districts, establishment of 93 

dissolved, to be on the day next preceding the first 

Wednesday of January next 71, 88 

district attorneys, to provide for election of 95 

ecological bill of rights, power to protect 138, 143 

election of 
members of 

house 68, 1 16, 124, 128, 139 

senate 64, 1 16, 124, 128, 139 

eminent domain, may regulate the taking of land 

for highways, housing, natural resources. 

preservation of ancient landmarks 57, 100, 102, 112, 138 

felony, not to declare subject guilty of 59 

food and shelter in time of war or emergency 

may be provided 102 

freedom from arrest 69 

freedom of speech and debate in 59 



1 72 Index to the Constitution. 



Page 
freehold or other estate, not required as qualification 

for holding seat in 64, 68, 93 

impeachment, powers in respect to (See House of 

Representatives, Senate) 
industrial development of cities and towns, general 

court to determine manner 130 

initiative amendment to constitution (See Constitution, 

initiative) 

judicatories and courts, may constitute and erect 62 

judicial officers, may be removed by governor upon 

address of both houses of the legislature 78 

impeachment of (See House of Representatives; Senate) 

land and easements, power to take for protection of 138, 144 

law making power of 62 

laws approved by the people, may amend or repeal Ill 

legislative department of government, to consist of a 

senate and house of representatives 61 

legislative power of 61-63 

limitations on, initiative and referendum 103, 108 

limited town government, may establish 117 

loans to residents for tuition and board for higher 

education 138, 141 

members of, incompatible offices, not to hold 83, 88 

offices created by, during term, members not eligible to 116 

military forces, may provide to 62, 72, 73, 1 13 

military officers, may provide for appointment and 

removal of 62, 72, 1 12 

naval forces, may provide for 62, 72, 73, 1 13 

naval officers, may provide for appointment and 

removal of 62, 72, 73, 1 12 

oath of office, members of, to take 81, 87 

officers 

authority to choose own 67, 69 

civil, certain, not to be members of 83, 88 

constitutional, election of, by, in case of 

vacancy in 76, 93, 94, 123 

pardons, may prescribe terms of 72, 120 

physically disabled persons, may provide for voting by 123 

property qualification of members of, annulled 64, 68, 86, 93 

prorogation of, governor and council, by 71 

disagreement between two houses as to date of, may adjourn 

or prorogue for ninety days 71 

upon request of members of 71 



Index to the Constitution. 1 73 



Page 
recess committees of, members of, not to receive additional 

compensation, exception 116 

recess of 1 12, 141 

reduce size of House of Representatives 139 

referendum for repeal or suspension of laws passed by 
(See Referendum) 

registers of probate, to provide for election of 73, 95 

representatives, apportionment of, 

to the several districts 68, 90, 92, 96, 118, 136, 139, 143, 145, 145 

senatorial districts, establishment of 64, 91, 97, 1 19, 137, 

140, 143, 145, 146 

sessions of 61, 88, 1 16, 120 

members may call 88, 120, 122 

place of to be held, in cases of emergency, governor 

with advice and consent of council may designate 71 

special, in case welfare of commonwealth requires 71 

sheriffs, to provide for election of, annulled 95 

succession to powers and duties of public offices, general 

court have full power and authority to provide 129 

taxes and excises may be imposed by 62, 101 

title of, The General Court of Massachusetts 61 

town government, limited, may authorize establishment of 117 

travel expense for members of, annulled 68, 99 

treason, not to declare subject guilty of 60 

two branches of, to be formed by, senate and house of 

representatives, each with negative vote on the other 61 

women notaries public, may establish fee for re-registration 

of, upon change of name 117 

yea and nay vote of, required on measures for borrowing 

money 114 

on acquisitions of lands and easements 138 

on initiative matters 105, 125 

on pledging credit of Commonwealth 129 

zoning of buildings, powers as to 1 14 

Government (See also State government) 

frame of 61 

objects of 54, 55, 56, 142 

Governor 

adjutant general, appointment by. annulled 73, 1 12 

appointments of officers by, with advice and consent 
of the council 

commissary-general, annulled 87, 1 12 

commissioned officers 78, 138 



1 74 Index to the Constitution. 



Page 

constitutional offices, vacancies in, filling of 87, 94, 123 

coroners 73 

council, vacancies in, may fill when legislature 

not in session 98 

judicial officers 73 

justices of the peace 78 

militia officers, annulled and superseded 73, 87, 1 12 

notaries public 78, 87 

register of probate, annulled 73, 95 

sheriffs, annulled 73, 95 

solicitor general 73 

appropriation bills 
approval or disapproval or reduction of items or 

parts thereof, may make 1 15, 135 

general, to be based on budget 115, 142 

recommendation of, by, when 1 15, 142 

special, may recommend 1 15, 142 

submission to 115, 142 

bills or resolves 
law to become 

failure of, to sign within ten days 62, 1 13, 135 

signature of 61 

return of, with suggested amendments 61, 1 13, 1 15, 135 

veto power of 61. 1 1 1, 1 13, 1 15 

budget 

may prescribe form if General Court defaults 1 15, 142 

submission of, to General Court 115, 142 

supplementary, may recommend 115, 142 

commander-in-chief of army and navy, to be 72, 1 13 

commissions to be signed by 84 

continental army, officers of, to be appointed by, 

annulled 73, 112 

council 
advice and consent of, required on certain appointments 
(See governor, appointments of officers by, with 
advice and consent of council) 

election returns, to examine 66 

exercise of power of, annulled 76, 1 1 3 

general court, adjournment or prorogation of, advice 

and consent of, required 71 

president of, to be 75 

quorum to consist of five members and governor 71, 76, 92 

vacancy in, filling of, by, when 98 



Index to the Constitution. 175 



Page 
councillors (See also Council) 

may be called together by 71,76 

election of 

annually, annulled 70, 1 16 

quadrennially 116, 124, 128, 129 

general court, powers in respect to (See also General Court) 
adjournment, prorogation and convening of, by, with 

advice of the council 71, 88 

joint session of, calling of, by, when 105, 124 

incompatible offices, not to hold 83, 88 

judicial officers 

removal of certain 78, 138 

retirement of certain, powers as to 78, 1 14, 138 

laws, certain, may be made effective forthwith by 108 

lieutenant-governor, candidates for office of, to be grouped 

with governor under political parties on official ballot 130 

loans, contracted by the commonwealth, term of, to be 

recommended to the general court by 114 

military and naval officers to be commissioned by 73, 1 12 

oath of office, to take before president of the senate in 

presence of both branches of the general court 81, 87 

form of 81, 87 

office of, deemed vacant if determined that, is unable to 

perform duties 135 

opinions of supreme judicial court, with consent of council, 

may require on important questions of law 78, 129 

pardon, powers of, limited 72, 120 

qualifications of, for office 

property, ownership of, annulled 70, 99 

residence, seven years required 70 

reorganization plans, may prepare and present to 

general court 130 

salary of, to be stated and honorable 74 

secretary of the commonwealth, attendance of, 

or by his deputies, may require 77 

term of office 
four years including to noon on Thursday following 
the first Wednesday in January in the fifth year 

following election 116, 123, 128 

title of 

His Excellency 70 

styled, The Governor of the Commonwealth of 
Massachusetts 70 



176 Index to the Constitution. 



Page 
vacancies in certain constitutional offices, 

may fill, when 94, 123 

vacancy in office of, powers of, to be exercised 

by whom 75, 76, 1 13, 123, 129 

if determined that governor is unable to 

perform duties 135 

veto power of 61, 1 1 1, 1 13, 1 15, 135 

measures approved by the people, 

not to extend to Ill 

Governor and Council 

commissioned officers, removal of 78, 87, 100 

contempt of, power to punish for 69 

election returns to be examined by 66 

judicial officers, removal of 78 

marriage, divorce and alimony, jurisdiction over, until other 

provision is made by law 78 

officers serving directly under, not to be included in state 

departments 116 

opinions of supreme judicial court, may require on important 

questions of law 78 

secretary of the commonwealth, may require attendance of, in 

person or by his deputies 77 

Grants-in-aid, private educational institutions, students and 

parents 141 

Guardian, consent of, required for minor in publicly controlled 

reformatory to attend religious services 102 

H 

Habeas corpus, privilege of writ 84 

Handicapped, not to be discriminated against solely due to 144 

Harvard College 

government of college may be altered by legislature 79 

officers of, may not be elected members of general court, 

annulled 80, 98 

powers, privileges, gifts, grants and conveyances confirmed 80 

Hearings, public 

on initiative matters 104 

on reorganization plans 130 

Hereditary offices, declared to be absurd and unnatural 56 

Highways 
legislature may provide for taking of land for widening 

or relocating 57, 100, 101 



Index to the Constitution. Ill 



Page 
taxes and fees from vehicles used on, to be expended 

on highways 123 

taxes and fees from vehicles, to be expended on highways 

and mass transportation purposes 141 

Historical property, preservation of 112 

Homes for citizens, powers of general court to take land to 

relieve congestion, etc 101 

Hospital 
compensation for care of deaf, dumb or blind in privately 

controlled, authorized 102 

public money not to be granted to, if not publicly owned, 

exception 1 02 

House of Representatives 

adjournment of, not exceeding two days at a time, permitted 69 

annual election of members, annulled 67, 1 16 

arrest of member on mesne process prohibited, when 69 

biennial election of members 116, 124, 128, 129, 136, 139 

clerk of, not to be legislator 83 

compensation of members of, procedure 145 

contempt, may punish for, etc 69 

debate, freedom of 59 

districts, apportionment 

of 68, 90, 92, 92, 96, 118, 137, 139, 143, 145, 145 

election to, on the Tuesday next after the first 

Monday of November 93, 1 16, 129 

emergency law, five members of, may request call of 

yeas and nays on preamble to 108, 1 17 

failure to elect members to, meeting to be held on the 

fourth Monday of November 93 

grand inquest of the commonwealth, to be 69 

impeachments, to originate in 67, 69 

members of 

compensation, procedure 145 

instruction of, by the people 59 

oath of office to take 81 

form of 81, 87 

money bills to originate in 69 

objections by governor to bill or resolve, to be entered 

upon records of 61 

officers of, may choose 69 

privileges of members 69 

qualifications of members of 
judges of, to be 69 



178 Index to the Constitution. 



Page 
members must be inhabitant of district for one year 
preceding election, ceases to be member if he 
ceases to be inhabitant of commonwealth . . 68, 95, 1 18, 137, 139 

quorum of 69, 96, 99 

recess of, not more than thirty days, may take, by 

concurrent vote with the senate, when 1 12, 141 

representative districts 
division of counties into, by county commissioners 

or other acting board, etc 68, 92, 95, 1 18, 137 

federal census to be basis of apportionment 145, 145 

one hundred sixty in number, of contiguous territory, 

equally, according to relative number of legal voters 139 

single representative districts 137, 139 

three representatives, maximum for any one 118 

two hundred forty in number, apportioned to the several 
counties, equally, according to relative number of 

legal voters 68, 95, 1 18 

rules of, may establish 69 

secretary of the commonwealth, may require attendance of, 

in person or by deputy 77 

sessions of 

annual 61, 88, 1 16, 122 

assemble frequently 59 

biennially, annulled 120, 122 

single representative districts 137, 140 

supreme judicial court, opinions of, may require, when 78, 129 

terms 116, 122, 128 

towns not choosing members to, may be fined 68 

travel expense for members of, provision annulled 68, 99 



Impeachments, by house of representatives, to be tried by senate, 
limitation of sentence, but party convicted liable to 

indictment 67, 69 

Incarcerated felons, voting exception 146 

Income, tax on, general court may impose and levy 101 

Incompatible offices 83, 88 

Incorporation, acts of, forever subject to revocation and 

amendment 114 

Individuals, handicapped, prevent discrimination against 144 

Industrial development of cities and towns 130 

Infirmary (See Institution) 



Index to the Constitution. 1 79 



Page 
Information for voters, secretary of the commonwealth to 

send to voters under the initiative or referendum ... 1 1 1, 122, 143 

Inhabitant, word defined, etc 57, 65, 1 17 

Inhabitants 
census of (See Census) 
food and shelter during time of war, exigency, etc., to be 

provided with 102 

Initiative petition for a law (for amendment to Constitution see 
Constitution) 
amendment self-executing but legislation may be enacted to 

facilitate operation 112 

amendment of, by petitioners 107, 126 

attorney general to certify 107, 126 

filing of, before first Wednesday in June with state 

secretary 107, 126 

first ten signers to sign 107, 126 

subsequent signatures, number of 107, 126 

time of filing 107, 126 

submission of, to the people 107, 126 

attorney general 

certification of, by 107, 126 

filing of, not later than first Wednesday in August 107, 126 

ballot 

fair and concise summary to be printed on 1 1 1, 122, 122, 143 

form of Ill, 122, 122 

blanks for subsequent signatures, secretary of the 

commonwealth, to provide 107, 126 

definition of 1 03 

excluded matters not subject to 103 

failure of general court to enact law, procedure 104, 120 

subsequent signatures to complete, number of 104, 120 

filing of, time of 
attorney general, not later than first Wednesday in 

August 107, 126 

secretary of the commonwealth, not earlier than first 
Wednesday in September and subsequent signatures 

not later than first Wednesday in December 104, 120 

general court, transmission to 104 

information to voters Ill, 122, 143 

full text, to set forth Ill, 122, 143 

majority and minority reports of legislative committee, 
to contain Ill, 122, 143 



1 80 Index to the Constitution. 



Page 
secretary of the commonwealth to print and send to 

voters Ill, 122, 143 

law, to become, if approved by thirty per cent of the total 
number of ballots cast at such election and also by a 
majority of the voters voting thereon, thirty days 

after such state election 106, 125 

legislative substitute 
ballot, to be submitted on and grouped with as an alternative 

therefor 105 

yea and nay vote of legislature required on 105 

mode of originating 104, 120 

petition for 

certification of signatures 110 

objections to 110 

circulation of, for hire or reward, law to regulate 110 

reference to legislative committee 104 

signatures, to petition for, regulation of 110 

signed by ten qualified voters 104, 120 

submission to attorney general 104, 120 

submission to voters 106, 124 

vote on 

legislature, by, yea and nay vote required 106, 124 

Insolvency, commissioners of, election of, annulled 95, 100 

Institution 
compensation for care of deaf, dumb or blind in 

privately controlled, authorized 102 

public money not to be granted to, if not publicly 

owned, exception 101 

Institution of learning, denominational doctrines 
wherein inculcated, not to be aided by 

public money or credit 95, 101 

Insurrection, money may be borrowed by commonwealth 

to suppress 114 

Invasion 
military and naval forces may be employed by governor 

to repel 113 

money may be borrowed by commonwealth to repel 114 

J 

Journals of the House and Senate, yea and nay vote upon any 

amendments to constitution, to be entered on 105 

Judges and Judicial Officers 
appointment of, by governor with consent of council 73 



Index to the Constitution. 1 8 1 



Page 

impeachment of 67, 69 

incompatible offices, not to hold certain 83, 88 

initiative or referendum not subject to as to appointment, 

recall or removal 103, 108 

oath of office, to take 81 

form of 81, 87 

oath or affirmation, may administer 62 

recall of, not to be proposed by initiative 108 

removal of, by governor, upon address of both houses 78, 138 

retirement of, on pension, by governor with consent 

of council 78, 138 

retirement of, at age seventy 138 

salaries of, not subject to initiative or referendum 

petition 103, 108 

supreme judicial court, of 
opinions of, upon important questions of law to render 
when required by governor and council or either 

branch of legislature 78, 129 

salary of justices of, to be honorable and established 60, 74 

term of office of, during good behavior 78, 138 

tenure of, during good behavior 78, 138 

Judicatories and Courts 

establishment by general court of, authorized 62 

oaths and affirmations, empowered to administer 62 

Judicial decision 

reversal of, not subject for initiative petition 103 

Judicial department 

legislative or executive powers, not to exercise 60 

Jury, trial by 

initiative or referendum, not subject to 103, 108 

right to, secured 57 

Justices of the peace 

appointment of, by governor with advice of council 78 

incompatible office, restrictions on holding of, not to apply to .... 83 

judges may be appointed as 83, 88 

oath of office 81, 87 

removal of 78 

term of office, seven years, but commissions may be renewed .... 78 

L 

Land, general court, powers in respect to 

taking of 57, 100, 101, 1 12, 138. 143 

Landmarks, ancient, preservation of 112 



1 82 Index to the Constitution. 



Page 

Law - martial 60 

Laws 
approved by people, may be amended or repealed by 

general court Ill 

city, town or district, particular, pertaining to, not 

subject to initiative or referendum 103, 108 

continuance in force of province, colony and state, not 

repugnant to constitution 84 

effective date of 

approved by voters 106, 109 

passed by general court 108 

emergency, to contain preamble 108 

enacting style of 84 

ex post facto, prohibited 59 

general court, power of, to enact 62 

initiative under (See Initiative) 

referendum on (See Referendum) 

remedy in, and recourse to, every person to have, for injury 

to person or property 57, 57 

suspension of execution of, power of, only in the legislature 59 

exception 103, 108 

Learning, institution of, wherein denominational doctrines are 

inculcated, not to be aided by public money or credit 101 

Legal obligations, public money or credit may be granted to 

carry out certain 101 

Legal voters 
enumeration of, to determine apportionment of 

representatives 96, 1 18, 137, 140, 143, 145, 145 

senators 97, 1 19, 137, 140, 143, 145, 146 

Legislative substitute or legislative amendment, term defined 105 

Legislative department, executive or judicial powers, not to 

exercise 60 

Legislative power 

general court, vested in, exception 62, 103 

people, of the, limitations 108 

Legislative (See General Court) 

Liberty of press, freedom of essential to security 58, 123 

Libraries, free public, appropriations may be made for 

maintenance of 101 

Licenses, circulators for hire of initiative and referendum 

petitions, general court may require 110 

Lieutenant governor 
council, president of, in absence of governor 75 



Index to the Constitution. 183 



Page 
election of 

annually, annulled 75, 88, 1 16 

quadrennially 116, 124, 128, 129 

governor, to act as, when chair is vacant 75, 124, 128 

governor, candidates for office of, to be grouped with, 

under political parties on official ballot 130 

incompatible offices, not to hold certain 83, 88 

member of council, to be 75 

oath of office, to be taken before president of senate, in 

presence of both houses 81, 82, 87 

qualifications of 75, 99 

term of office of 75, 88, 1 16. 124 

four years, including to noon on Thursday following 
the first Wednesday in January in the fifth year 

following election 116, 124, 128 

title of, His Honor 75 

Limited town government, towns of more than six thousand, 

general court may establish 117 

Literature and sciences, encouragement of 78 

Loans 
payment of certain, from revenue of the year in which created ... 114 

yea and nay vote, required for 114 

Localities of commonwealth, law restricted to particular, 

excluded from initiative and referendum 103, 108 

Local self-government, right of 131 

M 

Magistrates 
excessive bail or sureties not to demand, excessive 

fines or punishment not to impose 60 

protection from unreasonable bail, not subject to 

initiative or referendum petition 103, 108 

Major generals (See Militia, military and naval forces) 
Male, word omitted from provisions for qualifications of 

voters for office 86, 1 17 

Manufactures, encouragement of 81 

Marriage 

change of name by, women notaries public to re-register 117 

divorce and alimony, causes of, to be heard by governor and 

council, until other provision is made by law 78 

Martial law (See Law-martial) 

Mass transportation, use of revenue from operations of vehicles 

upon highway, to support 141 



1 84 Index to the Constitution. 



Page 

Military power, subordinate to civil authority, to always be 58 

Militia, military and naval forces (See also Army, See also Navy) 

appointment and removal of officers of 62, 72, 73, 1 12 

establishment of, and recruitment 62, 72, 73, 1 12 

magazines, public, and stores, superintending officers of, 

reports to be made by, to governor quarterly 74 

Mineral resources, conservation of 1 12, 138 

Minor, attendance of, at religious services in institutions not 

compulsory, exception 102 

Money 

all, received by commonwealth, to be paid into treasury 115 

bills, to originate in house of representatives 69 

borrowed, expenditure of, limited 114 

borrowed in anticipation of receipts from taxes, 

when to be paid 114 

governor may disapprove or reduce items or parts of 

items in bills appropriating 1 15, 135 

highway fund, for mass transportation purposes 141 

initiative, certain appropriations of, excluded from 103 

issuance of, from treasury by warrant of governor 74 

Moneys, public schools, appropriated for, not to be applied 

for support of sectarian schools 95, 101 

Municipal, state or county office, person may hold 

regardless of sex 117 

Municipal or city governments, general court may create 86 

N 
Name 
change of, by women notaries public 

commission rendered void by, annulled 1 14, 1 17 

re-registration 117 

Natural history, encouragement of 81 

Natural resources, conservation of 1 12, 138, 143 

Natural, essential and unalienable rights, persons, all, 

to have 55, 142 

Naval forces (See Militia, military and naval forces) 
Naval Officers 

appointment, removal and selection of 112 

oaths, must take 81,87 

senator or representative, office of, not to hold 83 

Navy, person serving in, non-payment of poll tax, or aid 
received from city or towns, not to disqualify 
from voting, when 98 



Index to the Constitution. 185 



Page 

Necessaries of life, provision for, in time of exigency or war 102 

Nineteen year old voting 138 

Notaries public 

appointment of, by governor with advice of council 78, 87 

incompatible offices, not to hold, exception 83 

oath of office 81, 87 

office, term of seven years 87 

removal of 78, 100 

women, re-registration of, upon change of name 1 14, 1 17 

O 

Oaths and affirmations 

civil and military officers, all to take 81, 87 

form of 81,87 

public officers, to take 81, 87 

Quakers, may affirm 82, 87 

Offences and crimes 

pardon of, regulated 72, 120 

prosecutions for, regulated 57 

right of access to courts and trial by jury not subject to 

initiative and referendum petition 103, 108 

Office 
eligibility to, person must be able to read and write the 

English language 95 

equality of eligibility to, all persons qualified to have 57 

general court, member of, not eligible to a particular, if 

created during his term 116 

incompatibility of 83, 88 

rotation in, right secured 57 

sex, not a disqualification for any 117 

Office of trust, person convicted of bribery, not to hold 83 

Officers 

civil, legislature may provide for naming and settling of 62 

commission, tenure of office of, to be expressed in 78 

former government, of, continued 84 

forts and garrisons, commanding, of, reports to be made to 

governor quarterly 74 

Officers and magistrates, accountable to the people 71 

Offices, plurality and incompatibility of, prohibited 83, 88 

P 

Pardons 
governor with advice of council may grant 72, 120 



186 Index to the Constitution. 



Page 

granting of, before conviction, prohibited 72, 120 

persons convicted before senate by impeachment of 

house not subject to 72, 120 

terms of, if felony, general court may prescribe 120 

Parent, consent of, required to have minor in publicly controlled 

reformatory attend religious services 102 

Pauper, word omitted from provisions for qualifications 

of voters for office 138 

Peaceable assembly 

right of people to 59 

right of, not subject to initiative 103 

Penal institutions, opportunity of exercise of religious faith, 

inmate not to be deprived of, in publicly controlled 102 

Pension, judicial officers may be retired on 78, 1 14, 138 

People 

arms, right to keep and bear for public defense 58 

assembly, right of guaranteed 59 

initiative, certain powers under, reserved for 103 

submission of constitutional amendments and laws to the, 

by initiative 103 

Person and property, remedy for injury to, general court by 

law to provide 57 

Petition, right of (See Art. XIX) 59 

Petition, right of, initiative and referendum, mode of 

originating 104, 109, 120, 121 

Plantations, unincorporated, tax paying inhabitants 

thereof, may vote for councillors and senators 65, 66, 86 

Pledging credit of Commonwealth 129 

Political year, begins first Wednesday of January 61, 88 

Poll tax, payment of as prerequisite for voting, annulled .... 86, 98, 99 
Polls (See Census) 

Popular government, right of, guaranteed 56 

Popular initiative and referendum 103 

Population, relief of congestion of, power to attain authorized 101 

Postmaster, state office, may hold 88 

Preamble to constitution 54 

Preamble, emergency 

laws to contain, when 108 

vote, separate, to be taken on 117 

yea and nay vote, when to be taken on 117 

President of senate 

choice of 67 

duty, to preside over joint sessions of the two branches . . 82, 105, 124 



Index to the Constitution. 187 



Page 
governor, lieutenant-governor and councillors, oath of office, 

to administer 82 

Press, liberty of 

essential to security of freedom 58, 123 

initiative, not subject to 103 

Private association, credit of commonwealth not to 

be given to 101, 1 14, 141 

Private property 

advertising on, may be restricted if within public view 112 

initiative, taking of, not subject to 103 

public uses, for, taking of, compensation to be made 57 

Privileges, hereditary, prohibited 56 

Probate courts 
appeals from certain decisions of, to be heard by governor 

and council until other provision is made by law 78 

holding of 78 

judges of, incompatible offices, not to hold 83, 88 

registers of, elected by people of the several counties 73, 95 

incompatible offices, not to hold 83, 88 

Property 
income derived from various classes of, rates upon, how 

levied 101, 144 

initiative, not to be used in contravention of protection of 103 

right of protection of, guaranteed 57 

Property qualification for holding office, 

annulled 70, 75, 86, 90, 92, 95, 99 

Prorogation of general court (See General Court, prorogation of) 

Prosecutions (See Crimes or offences) 

Provincial laws, continued in force if not repugnant to 

constitution 84 

Public credit 

church, etc., not to be used to found any 101 

private association, not to be used to aid 101,115, 141 

Public debts, contracting of 114 

Public exigency, necessaries of life may be provided during 102 

Public hearings: 

on initiative matters 104, 125 

on reorganization plans 130 

Public libraries, appropriations may be made for support of 101 

Public magazines and stores, superintending officer of, reports 

to be made quarterly to governor 74 

Public offices 
equality of eligibility to 56 



188 Index to the Constitution. 



Page 

rotation in, right of people to, secured 57 

Public use 

historic sites 112 

initiative, right of compensation for private property 

appropriated to, not subject to 103 

natural resources 112, 143 

necessaries of life 102 

Public ways, advertising on, may be restricted 112 

Punishments, cruel and unusual, not to be inflicted 60, 145 

Q 

Quakers, affirmation, may make 82, 87 

Qualifications (See also oaths of office under each office) 

attorney general 5 years residence 94 

auditor 5 years residence 94 

councillors 5 years residence 65, 76, 93 

governor 7 years residence 70, 99 

lieutenant governor 7 years residence 70, 75, 99 

representatives 1 year residence of district .. 68,69,96,119 

secretary 5 years residence 94 

senator 5 years residence 67, 97, 1 19 

treasurer 5 years residence 94 

voters (See Voters) 

Quartering of troops 60 

Quartermasters (See Militia, military and naval forces) 

Quorum 

council 71, 76, 93 

house of representatives 69, 96, 99 

senate 67, 97, 99 

R 

Ratable polls (See Census) 

Reading, knowledge of, necessary qualification for voting or 

holding office 95 

Rebellion, suppression of, governor may employ military and 

naval forces 72 

Records of commonwealth (See Commonwealth) 
Referendum on a law 
abuses arising from circulating petitions for hire or reward, 

regulation of 110 

acts of general court, submission to people to accept or reject, 

annulled 100, 112 



Index to the Constitution. 1 89 



Page 
ballot 
approval or disapproval of general court with vote to 

appear on Ill, 121, 122 

description to appear on, annulled 111,121, 122 

fair and concise summary of, to appear on 122, 143 

form of Ill, 121, 143 

blanks for subsequent signatures 

secretary to provide 109, 109, 121, 121 

definition of 103 

effective date of laws, submitted on 108 

emergency laws 
governor may declare, any law on which suspension 

or repeal is asked on, at any time before election 108 

repeal of, if not excluded matter 108, 109 

suspension of, does not apply to 108 

excluded matter, not subject to 109 

general court, right to amend or repeal law approved 

by the people Ill 

information to voters Ill, 122, 143 

contents of 111,122,143 

secretary to print and send to each registered voter 1 1 1, 122 

secretary to print and send to each household with 

registered voters 143 

petitions 

certain matters excluded 108 

contents of 108, 109, 121 

filing of, with secretary 109, 109, 121 

time of, not later than thirty days after law has 

become a law 109, 109 

repeal of a law 109, 121, 121, 127 

signatures 

limitation on 110 

number required 109, 109, 126, 127 

suspension of a law 109, 121, 121, 127 

resolve of the general court, submission to people 

to accept or reject, annulled 100, 1 12 

secretary of the commonwealth, duties 

relative to 108, 109, 111, 120, 121, 122, 126, 127, 143 

self-execution of provisions of, but legislation may be enacted 

to facilitate their operation 112 

veto power of governor, not to extend to measures approved 

by people Ill 



1 90 Index to the Constitution. 



Page 

votes necessary for approval by people 109, 109, 126, 127 

Reformatory, inmate of publicly controlled, not to be 

deprived of opportunity for religious exercises 102 

Registers of deeds, incompatible offices, not to hold 83, 88 

Registers of probate 

appointment of, by governor, annulled 73, 95 

election of, legislature to prescribe 95 

incompatible offices, not to hold 83, 88 

Religion 

free exercise of, protected 101 

initiative or referendum, measure relating to, 

not subject of 103, 108 

Religious denominations 

equal protection secured to all 56, 101, 142, 144 

public money not to be appropriated to found or 

maintain any 101, 141 

subordination of one to another prohibited 55, 89 

Religious services, inmate of publicly controlled institution 

not to be compelled to attend 102 

Religious societies 

election of their own pastors 56, 89 

membership of, defined 89 

public money not to be appropriated to found or 

maintain any 101, 141 

Religious worship 

protection of 55, 89, 101, 103, 108, 142 

support of ministry, annulled 55, 89 

Reorganization plans 130 

Representative districts (See House of Representatives) 
Representatives (See House of Representatives) 
Residence, change of, not to disqualify voter for six months 

when voting for state officers 98 

Residence qualifications (See Qualifications) 
Resolves (See Bills and Resolves) 

Resources, natural, of commonwealth, conservation of 112, 138 

Retirement (See Judges and Judicial Officers) 

Returns of records of votes 65, 70, 93, 94 

Revenue 
loan for money borrowed in anticipation of taxes, may be 

paid from certain 114 

payment into treasury of, from whatever source collected 115 

use of, received from operation of vehicles upon highways, 

limited, annulled 123, 141 



Index to the Constitution. 1 9 1 



Page 

Right of local self-government 131 

Right of peaceable assembly (See Peaceable assembly) 
Rights, declaration of (See Declaration of rights) 
Rights, water and mineral 

taking of, etc 1 12, 138 

S 

Sailors (See Navy) 

Sale of public lands, to provide for homes for citizens 101 

Schools 

common or public, support of 95, 101 

loans to residents for tuition and board 138, 141 

no denial of admittance to public, on basis of race, color, 

national origin or creed 144 

public money or credit not to be extended to any 

school 95, 101, 141 

Science, encouragement of 81 

Seal of the Commonwealth, commissions, to be affixed to all 84 

Search 

right of, regulated 58 

unreasonable, not subject for initiative 103 

Secret voting, preservation of, when compulsory voting or 

voting machines authorized 100, 1 14 

Secretary of the Commonwealth 
attendance, in person or by deputy, as required by governor 

and council, senate and house 77 

certification by, of number of representatives to which each 

county is entitled 95, 1 18 

commissions to be attested by 84 

constitution enrolled on parchment to be deposited with 85 

deputies, appointment of, etc 77 

districts, description of, and number of legal voters in each, 

senate, to be returned to 97, 1 19 

election of 

annually, annulled 77, 94, 1 16 

quadrennially 1 16,128 

determination of, by legislature 94 

legislature, by, annually in joint session, annulled 77, 94 

failure to elect, method of filling vacancy 94, 124 

governor, power of, to exercise, when 1 13, 128 

incompatible offices, not to hold 83 

inhabitant of commonwealth to be, for five years prior to 

election or appointment 94 



192 Index to the Constitution. 



Page 
initiative and referendum, duties 

with regard to 104, 109, 1 1 1, 120, 121, 122, 126, 127, 143 

legal voters, number of, to be returned to 95, 1 18 

legislator, not to be 83 

oath of office, to take 81 

form of 81, 87 

qualification 

failure to qualify within ten days 94, 124 

residence five years, required 94 

records of the commonwealth, to be kept in office of 77 

term of office, four years from third Wednesday 

in January following election 77, 94, 1 16, 124, 128 

vacancy in office of, method of filling, by 

governor 87, 94, 123 

legislature 94, 123 

votes, return of records of, to (See Votes, return of records of) ... . 93 
Sectarian schools, maintenance of, at public expense, 

prohibited 95, 101 

Seizure, right of, restricted 58 

Selectmen, town meetings, elections, to preside over 65, 70 

Self government, right of, secured 56 

Senate 

adjournment of, not exceeding two days at a time, permitted 67 

annual election of, annulled 65, 124 

apportionment of districts 65, 97, 119, 140, 143, 145, 146 

biennial election of members of 116, 124, 128, 129 

compensation of members, procedure 145 

contempt of, may punish for, etc 69 

debate, freedom of 59 

districts, forty in number 65, 91, 97, 1 19, 137, 140 

election to, on the Tuesday next after the first 

Monday of November 65, 93 

emergency law, two members of, may request call of 

yeas and nays on preamble to 108, 117 

first branch of legislature, to be 65 

federal census to be basis for apportionment of districts .... 145, 146 

forty members, to consist of 65, 91, 97, 1 19, 137, 140 

impeachments, to be tried by 67, 69 

oath of office, to take 81 

form of 81,87 

offences against, may punish for certain 69 

officers of, to be chosen by 67 

opinions of justices and supreme court, may require, when ... 78, 129 



Index to the Constitution. 1 93 



Page 
qualifications for membership in . . . 65, 67, 93, 97, 98, 1 19, 137, 140 

judges of, to be 66 

quorum of 67, 97, 99 

recess of, for not more than thirty days, may be taken by 
concurrent vote with the house of representatives, 

within first sixty days 1 12, 141 

rules of, may establish 67 

secretary of commonwealth, may require attendance of, in 

person or by deputy 77 

sessions of 

annual 61, 65, 88 

assemble frequently 59 

biennial, established, annulled 120, 122 

supreme judicial court, may require opinions, when 78, 129 

terms 61, 88, 128, 140, 145 

vacancy in membership of, filling of 66, 97 

veto of bills or resolves by governor, to be 

entered in records of, etc 61 

votes for members, to be examined by governor 

and at least five councillors 66 

yeas and nays on preamble, two members may request call of ... 117 

Sex, public office may be held regardless of 86, 1 1 7 

Shelter, etc., may be provided during time of war, public 

exigency, etc 102 

Sheriffs 

election of, by people of the several counties 73, 95 

incompatible offices, not to hold 83, 88 

Silver, computation of value of money to be in 83 

Single member districts 1 19, 137, 140 

Soldier (See Army) 

Soldiers' Home in Massachusetts, appropriations may 

be made for 101 

Solicitor General 

appointment of 73 

incompatible offices, not to hold 83, 88 

Special appropriation bills (See Appropriation bills, general) 

Speaker of the House, choice of 69 

Speech 
freedom of 

initiative not subject to 103 

in either house of the legislature 59 

right of free, shall not be abridged 123 



1 94 Index to the Constitution. 



Page 
State census (See Census) 
State government, administrative and executive departments, 

not more than twenty 116 

State office, sex not a disqualification for 86, 1 17 

State or body politic, title of: The Commonwealth of 

Massachusetts 61 

Statutes, effective date of 108 

Streets, taking of land for, power of legislature 100, 101 

Superintending officers of public magazines and stores, 

reports to be made quarterly to governor 74 

Supreme judicial court (See Judges and Judicial Officers) 

Sureties, excessive, not to be required 59 

Suspension of laws 59, 109 

T 

Tax, payment of, as prerequisite for voting, annulled 86, 98 

Tax on income, general court may impose and levy 101 

Taxation 

classification of property 144 

consent of people, should be founded on 57, 59 

forest lands, of 100, 143 

general court, certain powers of, as to ... 63, 101, 101, 139, 143, 144 
public schools, for, not to be used to aid 

other schools or institutions 101 

wild lands, of 100, 143 

Taxes 

consent of people required 59 

excises or license, relating to registration, operation or 

use of vehicles on public highways 123, 141 

imposition of, by legislature 63, 101 

money borrowed in anticipation of, to be paid in year of loan .... 114 
valuation of estates for tax purposes, once in ten years 63 

Tenure of office (See respective offices) 

Titles 

body politic — The Commonwealth of Massachusetts 61 

governor — His Excellency 70 

legislature — The General Court of Massachusetts 61 

lieutenant governor — His Honor 75 

Town (See Towns) 

Town Clerk (See Clerk, city and town) 

Town meetings, selectmen to preside at 65, 70 

Towns 
aid to certain institutions, prohibited 101 



Index to the Constitution. 195 



Page 

ancient landmarks, may take for public use 112 

chartered as cities, when 86 

fine may be imposed upon, for failure to choose representatives ... 68 
law restricted to a particular, not subject to initiative or 

referendum 103, 108 

limited town government, legislature may establish 

if population more than six thousand 117 

representation of, in legislature 68, 90, 91, 1 17, 1 18 

voting precincts in 98 

war, food and shelter, may provide in time of 102 

Towns and cities 

aid to certain institutions by taxation forbidden 101 

ancient landmarks, may be taken for public use 112 

charters, adoption, amendment, recording or 

revision of 131, 132, 133, 134, 144 

general court powers 133, 144 

governmental powers of 133 

imposition of additional costs by legislature 144 

industrial development 130 

land taking for laying out highways or streets, when 

authorized by the legislature 100 

local powers, limitation of 133 

offices of, may be held regardless of sex 117 

public emergency, may provide food and shelter during 102 

special laws 134 

zoning, of buildings, general court may authorize 1 14 

Trades, encouragement of 81 

Travelling expense, members of general assembly, for, 

annulled 68, 99 

Treason or felony, legislature not to declare subject guilty of 60 

Treasurer and Receiver General 
election of 

annually, annulled 77, 94, 1 16 

quadrennially 116, 124, 128, 129 

determination of, by legislature 94 

eligibility for 94 

legislature, by, annually in joint sessions 77 

annulled 94 

failure to elect, method of filling vacancy 94, 124 

governor, power of, to exercise, when 1 13, 128 

incompatible offices, not to hold 83, 88 

inhabitant of commonwealth to be, for five years prior to 

election or appointment 94 



1 96 Index to the Constitution. 



Page 

legislator or congressman, not to be 83, 88 

oath of office, to take 81 

form of 81, 87 

qualification 

failure to qualify within ten days 94 

residence five years required 94 

tenure of office of, limited, annulled 77, 124, 128 

term of office, four years from third Wednesday 

in January following election 77, 94, 1 16, 124, 128 

vacancy in office of, method of filling by 

governor 87, 94, 124 

legislature 94, 124 

Treasury 
appropriation of certain money from, exempt from 

initiative, referendum 103, 108 

payment into, of all moneys received 115 

warrant of governor required for issuance of money 

from, exception 74 

Trial by jury 
criminal and civil cases, guaranteed in, except in army 

or navy 57, 58 

right of, secured, not subject to initiative 57, 58, 103 

U 

Unalienable rights, certain, all men to have 55, 142 

Uniform rate of tax, levied throughout commonwealth on 

incomes derived from same class of property 101 

exception 144 

United States 

commonwealth may borrow money to assist, in case of war 1 14 

federal officers, not to hold certain state offices 88 

University at Cambridge (See Harvard College) 

Unreasonable search, protection from, not subject for 

initiative 58, 103, 109 



Valuation of estates, every ten years, to be taken 63 

Value of money, computation of, to be in silver 83 

Vehicles, expenditure of certain money received from operation 

of, on public highways, limited 123, 141 

Veto power of governor (See Governor) 



Index to the Constitution. 197 



Page 
Vote 
borrowing money by commonwealth, two-thirds required in 

each house 114 

limited town meeting, application for establishment of, to be 

by, of town 117 

yea and nay, in each house upon measures having emergency 

preamble, upon request 108, 117 

Voters 
census of, legal (See Census) 
change of residence not to disqualify, for voting for state 

officers until expiration of six months 98 

incarcerated due to felony conviction, exception 146 

information for, to be sent by secretary of the commonwealth, 

under initiative and referendum 1 1 1, 122, 143 

initiative or referendum, number of signatures of, 

required 104, 109, 110, 120, 125, 126, 127 

persons having served in United States, in time of war, 

not disqualified as, for non-payment of poll tax 99 

qualifications of, at elections in 

general 64, 68, 86, 95, 97, 98, 99, 1 17, 138, 138, 139, 146 

Page 
residence, change of, not a disqualification to vote for state 

office, for six months 98 

Votes 
negative, required to disapprove suspension of a law or 

referendum thereon 109, 1 10, 126, 127 

plurality of, to elect civil officers 93 

return of record of 65, 69, 93, 94 

Voting 

absent, general court may provide for 101, 123, 142 

compulsory, general court may provide for 114 

eighteen year old voting 139 

machines, may be used at elections 100 

physically incapacitated, absent, by 123, 142 

precincts in towns 98 

qualifications for 64, 68, 86, 95, 97, 98, 98, 1 17, 138, 139, 146 

voting machines, use of in, authorized 100 

W 

War 

necessaries of life, provision for, during time of 102 

state, cities and towns may provide food and shelter during 

time of war 102 



198 Index to the Constitution. 



Page 

United States aid to, in time of 114 

Water resources, conservation 112, 144 

Wild lands, taxation of, development and conservation 100, 143 

Women 

notaries public, may be appointed 114 

re-registration of, upon change of name 117 

public office, eligible to hold 86, 1 17 

voting, qualified for 86, 1 17 

Worship, public, right and duty of all men 55 

Writ of habeas corpus, benefit of, secured 84 

Writing, qualification required for voting or holding office 95 

Y 

Yea and nay vote 

borrowing money by commonwealth, to be required for 114 

emergency preamble, measures having, to be required on, 

when 108 

final legislative action in joint session upon legislative 

amendment, to be required on 105 

land and easements taken for protection, to be required on, 

when taken for other purposes 138 

Year, political, begins on first Wednesday in January 88 

Z 

Zoning, general court may provide for, by municipalities 114 



The State House, 

Seal of the Commonwealth, 

State Library, etc. 



200 The State House. 



THE STATE HOUSE. 

and 

GOVERNMENT CENTER. 



The "Bulfinch Front" of the State House was erected in 1795-7, upon 
land purchased of the heirs of John Hancock, by the town of Boston, for 
the sum of £4,000, and conveyed by said town to the Commonwealth, 
May 2, 1795. The Commissioners on the part of the town to convey the 
"Governor's Pasture," as it was styled, to the Commonwealth, were 
William Tudor, Charles Jarvis, John Coffin Jones, William Eustis, 
William Little, Thomas Dawes, Joseph Russell, Harrison Gray Otis and 
Perez Morton. The agents for erecting the State House were named in the 
deed as follows: Thomas Dawes, Edward Hutchinson Robbins and 
Charles Bulfinch. 

The corner stone was laid July 4, 1795, by Governor Samuel Adams, 
assisted by Paul Revere, Grand Master of the Grand Lodge of Masons. 
The stone was drawn to the spot by fifteen white horses, representing the 
number of States of the Union at that time. The original building is 172 
feet front; the height, from base course to pinnacle, is 155 feet; and the 
foundation is about 106 feet above the waters of the bay. The dome is 53 
feet in diameter and 35 feet high. The original cost of the building was 
estimated at $133,333.33. 

Extensive improvements, including the "Bryant addition" extending 
backward upon Mount Vernon Street, were made, chiefly under the 
direction of a commission, in the years 1853, 1854 and 1855. 

Under a resolve of 1866, a commission was appointed to inquire and 
report concerning the whole subject of remodeling or rebuilding the State 
House. They reported three propositions, without deciding in favor of 
any. The first was a plan of remodeling at an expense of $375,430; the 
second, a plan of remodeling at an expense of $759,872; and the third, a 
plan for a new building at an expense of $2,042,574. The report of the 
commission was referred to the committee on the State House of the 
session of 1867, who recommended a plan of alterations at the estimated 
expense of $150,000; and by Resolve No. 84 of that year the work was 
ordered to be executed under the supervision of a commission consisting 
of the President of the Senate and the Speaker of the House of 
Representatives, who were authorized by the same resolve to expend 
$150,000, and, by a subsequent resolve, $20,000 in addition. The 
President of the Senate died on the 28th of October, and thereafter the 
work was continued by the surviving commissioner. The improvements 



The State House. 201 



consisted of an almost entire reconstruction of the interior of the 
building, except the "Bryant addition," before referred to as having been 
added from 1853 to 1855. They were executed from the plans of the 
architects, Washburn & Son, and cost, including furniture, $270,256.96. 

The Legislature of 1868 made provision for reseating the Senate 
Chamber and the Hall of the House, which improvements were made 
under the supervision of legislative committees, in season for the 
accommodation of the Legislature of 1869, at a cost of about $6,500. 

By Resolve No. 68 of the year 1881, the sum of $45,000 was 
authorized to be expended for improving the basement of the State 
House, in accordance with plans submitted by the joint standing 
committee on the State House. The work was begun soon after the 
regular session of 1881, and was carried on under the supervision of the 
commissioners on the State House, consisting of Oreb F. Mitchell, 
Sergeant-At-Arms, Hon. Daniel A. Gleason, Treasurer and Receiver- 
General, and Hon. Henry B. Peirce, Secretary of State, assisted by John 
W. Leighton and Asa H. Caton, both of Boston, and appointed, under the 
resolve referred to, by the Governor and Council. Under the plans the 
floor of the basement was brought down to a common level, and 
numerous additional office rooms and needed accommodations were 
obtained. 

Under authority of chapter 70 of the Resolves of 1885, passenger 
elevators were erected in the east and west ends of the building. 

In accordance with the provisions of chapter 349 of the Acts of the 
year 1888, the Governor and Council, "for the purpose of providing 
suitable and adequate accommodations for the legislative and executive 
departments of the State government and for the several bureaus, boards 
and officers of the Commonwealth, whose offices are, or may be, located 
in the city of Boston, and for any other necessary and convenient uses of 
the Commonwealth," on November 7 of the same year, took possession 
in the name of the Commonwealth of the parcel of land lying next north 
of the State House, and bounded by Derne, Temple, Mount Vernon and 
Hancock streets, and also of a parcel of land lying to the east of Temple 
Street, between Mount Vernon and Derne streets, both lots with the 
buildings and improvements thereon, full power being given them to 
settle, by agreement or arbitration, the amount of compensation to be 
paid any person by reason of the taking of his property. They were also 
authorized to discontinue the whole of Temple Street between Mount 
Vernon and Derne streets, and to negotiate with the city of Boston 
concerning the construction of new streets or ways. 



202 The State House. 



By chapter 404 of the Acts of 1892, for the purpose of securing an 
open space around the State House, the commissioners were authorized 
to take, by purchase or otherwise, the land bounded north by Derne 
Street, east by Bowdoin Street, south by Beacon Hill Place and west by 
the State House, and by chapter 129, Acts of 1893, they were authorized 
to sell the buildings thereon. Subsequently, the commissioners were 
authorized to take Beacon Hill Place (chapter 450, Acts of 1893) and 
also the land bounded east by Bowdoin Street, south by Beacon Street, 
west by Mount Vernon Street and north by the land then owned by the 
Commonwealth; and provision was made for the removal of buildings 
on said land and for the improvement thereof (chapter 532, Acts of 1894; 
chapter 223, Acts of 1897; chapter 382, Acts of 1900; and chapter 525, 
Acts of 1901). In 1901 authority was given to the Governor, with the 
advice and consent of the Council, to take in fee simple, in behalf of the 
Commonwealth, a parcel of land, with the buildings thereon, on the 
southerly side of Mount Vernon Street, immediately west of Hancock 
Avenue (chapter 525, Acts of 1901). 

By chapter 92 of the Resolves of 1888, the Governor and Council 
were allowed a sum not exceeding $5,000 to enable them to devise and 
report to the next General Court a general plan for the better 
accommodation of the State government. 

A plan was accordingly submitted to the General Court of 1889, and 
$2,500 was appropriated for the further perfecting of said plan. A bill to 
provide for the enlargement of the State House was subsequently 
reported in the Legislature and became a law (chapter 394 of the Acts of 
1889). Under this act the Governor was authorized to appoint three 
persons, to be known as the State House Construction Commission, and 
Messrs. John D. Long, Wm. Endicott, Jr. and Benjamin D. Whitcomb 
were appointed the commissioners. Mr. Whitcomb died in 1894, and 
Mr. Charles Everett Clark was appointed to fill the vacancy. The latter 
died in 1899. In 1894 Mr. Long resigned and Mr. George W. Johnson 
was appointed a member of the commission. The architects selected were 
Messrs. Brigham & Spofford of Boston. Subsequently to March, 1892, 
Mr. Charles Brigham was the sole architect of the extension. 

On the twenty-first day of December, 1889, the corner stone of the 
new building was laid by His Excellency Governor Ames with 
appropriate ceremonies. The removal of the various departments and 
commissions to the new building was begun in the latter part of 1894. 
The House of Representatives of 1895 convened in the old Representatives' 
Chamber on the second day of January, and on the following day met for 
the first time in the hall set apart for it in the State House extension. 
It has occupied this hall ever since. Pending changes in the State House 



The State House. 203 



building, the Senate sat in a room numbered 239, 240 and 241, in the 
extension. Its first meeting in this room was on February 18, 1895. On 
April 8 it resumed its sittings in the old Senate Chamber. 

By chapter 124 of the Resolves of 1896, the State House Construction 
Commission was directed to provide temporary accommodations for the 
Senate of 1897 and its officers. A temporary floor was accordingly 
constructed across the apartment, then unfinished, that has since come to 
be known as Memorial Hall, on a level with the present gallery; and the 
room thus made was finished and furnished as a Senate Chamber, with 
accommodations for spectators. On January 6, 1897, the Senate met in 
this chamber, which it continued to occupy throughout the session of that 
year, and it also, for the first time, made use of the reading room and the 
other rooms and offices intended for its permanent occupancy. 

By chapter 531 of the Acts of 1896, His Honor Roger Wolcott, Acting 
Governor, Hon. George P. Lawrence, President of the Senate, and Hon. 
George v. L. Meyer, Speaker of the House, were made a committee to 
decide upon a plan for preserving, restoring and rendering practically 
fire-proof the so-called Bulfinch State House. The committee was 
directed to employ an architect, who was to superintend the execution of 
the work in accordance with such drawings and specifications as should 
be approved by said committee. It was provided that the State House 
Construction Commission should have charge of the work. Mr. Arthur G. 
Everett was the architect selected by the committee, and with him was 
associated Mr. Robert D. Andrews. Mr. Charles A. Cummings was made 
consulting architect. 

By chapter 470 of the Acts of 1897, His Excellency Roger Wolcott, 
Hon. George P. Lawrence, President of the Senate, and Hon. John L. 
Bates, Speaker of the House, were made a committee to decide upon 
plans for furnishing the so-called Bulfinch State House, with authority to 
employ an architect to make drawings, specifications and designs 
therefor, and also to superintend the execution of the work. Mr. Everett 
was selected for the purpose. 

On the convening of the General Court of 1898, the Senate occupied 
for the first time the chamber in the Bulfinch building that had formerly 
been the Hall of the House of Representatives. The original Senate 
Chamber was assigned to the Senate by the Governor and Council as one 
of its apartments. The Senate has continued to occupy its new chamber 
ever since. 

For the purpose of meeting the expenses incurred between 1889 and 
1913 in connection with taking of land, including land damages, the 
construction and furnishing of the State House Extension, the finishing 



204 The State House. 



of the Memorial Hall therein, and the restoring and furnishing of the 
Bulfinch front, etc., bonds to the amount of $7,120,000 were issued from 
time to time. 

By chapter 150 of the Resolves of 1912, the State House Commission 
(the Secretary of the Commonwealth, the Treasurer and Receiver- 
General and the Sergeant-at-Arms) was directed, with the cooperation of 
the State Arts Commission, to cause to be prepared plans for alterations 
in, and additions to, the State House, and to report to the next General 
Court. Report was made to the General Court of 1913 (House Document 
No. 133); and, by chapter 830 of the Acts of that year the State House 
Building Commission, to be appointed by the Governor with the advice 
and consent of the Council, was created, for the purpose of constructing 
additions substantially in accordance with the plan recommended in the 
report. Messrs. Albert P. Langtry, chairman, Joseph B. Russell and Neil 
McNeil were appointed the members of the building commission. 
Messrs. Robert D. Andrews, William Chapman and R. Clipston Sturgis 
were the architects selected by the commission. The work was begun in 
August, 1914. In 1915 Mr. John A. Keliher succeeded Mr. Langtry as a 
member of the commission and as its chairman, and Mr. J. Edward Fuller 
succeeded Mr. Russell. 

By chapter 256 of the General Acts of 1915, the Commission was 
directed to construct a forward projection of the West wing, substantially 
the same as that already built in connection with the new East wing, and 
provision was made for the purchasing or taking of certain property and 
for the removal of the buildings thereon, etc. To meet the expenses 
connected with the making of these several alterations and additions, 
bonds to the amount of $2,265,000 were authorized and issued, as 
follows: chapter 830 of the Acts of 1913, $900,000; chapter 256 of the 
Acts of 1915, $600,000; chapter 181 of the Acts of 1916, $65,000; and 
chapter 250 of the Acts of 1916, $700,000. By chapter 17 of the General 
Acts of 1916, taking effect March 2, the State House Building 
Commission was abolished and its powers were transferred to the State 
House Commission. The members of this latter commission were Albert P. 
Langtry (Secretary of the Commonwealth), Charles L. Burrill (Treasurer 
and Receiver-General) and Thomas F. Pedrick (Sergeant-at-Arms of the 
General Court), Chairman; and, under their direction, the work was 
completed. 

By item 8157-08, section 2, Chapter 711, Acts of 1956, The State 
Superintendent of Buildings was directed to cause the preparation of 
plans for, and the construction of, an archives building on the grounds of 
the State House. This item appropriated $1,005,000 for the project. With 
Maurice A. and F. Parker Reidy of Boston, engineers in charge, and the 



The State House. 205 



Boston firm of Perry Shaw, Hepburn and Dean as consulting architects, 
construction was begun July 1, 1958. The archives museum and 
underground vaults for the archives and the State Library were 
completed and accepted by the Commonwealth on September 27, 1960. 

Chapter 71 1 of the Acts of 1956 also provided for the air conditioning 
of both the House and Senate chambers. 

The Government Center Commission was created by Chapter 635, 
Acts of 1960 to construct additional buildings near the State House to 
house the various expanding agencies of the state government. The land 
bounded by Cambridge, Somerset, Bowdoin, and Ashburton Place was 
taken by eminent domain in 1961. The state office building at 
100 Cambridge Street was designed by Emery Roth and Sons of New 
York. Construction was begun in 1962 under contract with Wexler 
Construction Company of Newton Highlands and completed by the 
Perini Corporation at a cost of about $26,600,000. Occupancy began in 
December 1965 and formal dedication ceremonies were conducted on 
May 17, 1966. The building has since been named for former Governor 
Leverett Saltonstall. 

The Division of Employment Security Building on Cambridge Street 
was designed by Shepley, Bulfmch, Richardson, and Abbott, a Boston 
architectural firm. Construction was begun in 1967 by Vappi and 
Company. This building, completed in March 1970 at a cost of over 
$11,200,000, was named as a memorial to former Governor Charles F. 
Hurley. 

Also part of the Government Center project is the Mental Health 
Center. Designed by Paul Rudolph of the Boston architectural firm, 
Desmond and Lord, this building cost approximately $10,935,000. The 
state took occupancy in December 1970 and it was named for Dr. Erich 
Lindemann, former Chief of Psychiatric Services, at the Massachusetts 
General Hospital. Dr. Lindemann had been greatly instrumental in the 
organization and staffing of the center. 

A fourth building on New Chardon Street, planned to house the state 
health, welfare, and education agencies, never reached the construction 
stage. 

Chapter 685, Acts of 1968 authorized the construction of an 
underground garage and office building on Ashburton Place. This project 
was designed by Hoyle, Doran and Berry of Boston. Construction began 
in 1971 under contract to Vappi and Company. It was completed in 1975 
at an approximate cost of $34,250,000 and was designated the John W. 
McCormack State Office Building. 



206 The State House. 



These new buildings permitted moving many state agencies out of the 
State House and allowed a great expansion in the space available for 
offices for members and staff of the General Court. 

Repairs, renovations, and upgrading of the State House were 
authorized under the following acts: Chapter 723 of the Acts of 1983 
authorized $30,800,000; Chapter 564 of the Acts of 1987 authorized 
$7,000,000; and Chapter 164 of the Acts of 1988 authorized $22,000,000. 

The first phase of the renovations began February 8, 1988, and was 
completed in the Fall of 1990. The architects for the design were 
Shepley, Bulfinch, Richardson and Abbott, and the construction contract 
was awarded to the Perini Corporation. 

Completed work includes: fence replacement, front lawn landscaping, 
entrance to west wing, two new hearing rooms, the newly created Great 
Hall, an underground parking garage, restoration of Ashburton Park, all 
mechanical (HVAC) work in Block B, some mechanical work in other 
blocks, relocation of electrical vaults, roof repairs, a new telecommu- 
nications system, and some structural repairs. 



Seal of the Commonwealth. 207 

SEAL OF THE COMMONWEALTH. 




COUNCIL RECORDS, 
WEDNESDAY, DECEMBER 13TH, 1780. 

Ordered, That Nathan Cushing, Esqr.. be a committee to prepare a 
Seal for the Commonwealth of Massachusetts, who reported a Device for 
a Seal for said Commonwealth as follows, viz.: Sapphire, an Indian, 
dressed in his Shirt, Maggosins, belted proper, in his right hand a Bow, 
TOPAZ, in his left an Arrow, its point towards the Base; of the second, 
on the Dexter side of the Indian's head, a Star, Pearl, for one of the 
United States of America. 

CREST. On a Wreath a Dexter Arm clothed and ruffled proper, 
grasping a Broad Sword, the Pummel and Hilt, Topaz, with this Motto: 
Ense Petit Placidam Sub Liber tate Quietem. And around the Seal: 
Sigillum Reipublicae Massachusettensis . 

Advised that the said Report be Accepted as the Arms of the Common- 
wealth of Massachusetts. 



208 Arms and Emblems of the Commonwealth. 



ARMS, GREAT SEAL AND OTHER EMBLEMS 
OF THE COMMONWEALTH. 

[Chapter 2 of the General Laws.] 

ARMS, GREAT SEAL AND OTHER EMBLEMS 

OF THE COMMONWEALTH. 

SECTION 1. The coat of arms of the commonwealth shall consist of 
a blue shield with an Indian thereon, dressed in a shirt, leggings and 
moccasins, holding in his right hand a bow, and in his left hand an arrow, 
point downward, all of gold; and, in the upper right-hand corner of the 
field a silver star of five points. The crest shall be, on a wreath of gold 
and blue, a right arm, bent at the elbow, clothed and ruffled, and 
grasping a broad-sword, all of gold. The motto "Ense petit placidam sub 
libertate quietem" shall appear in gold on a blue ribbon. 

SECTION 2. The seal of the commonwealth shall be circular in 
form, bearing upon its face a representation of the arms of the 
commonwealth encircled with the inscription within a beaded border, 
"Sigillum Reipublicae Massachusettensis". The colors of the arms shall 
not be an essential part of said seal, and an impression from a seal 
engraved according to said design, on any commission, paper, or 
document shall be valid without such colors or the representation thereof 
by heraldic lines or marks. 

SECTION 3. The flag of the commonwealth shall consist of a white 
rectangular field, bearing on either side a representation of the arms of 
the commonwealth, except that the star shall be white. The naval and 
maritime flag of the commonwealth shall consist of a white rectangular 
field bearing on either side a representation of a green pine tree. 

SECTION 4. The flag of the governor shall conform to the design of 
the flag of the commonwealth, except that the field of the flag of the 
governor shall be triangular in shape. 

SECTION 5. The state secretary shall be the custodian of the coat of 
arms, seal and flags of the commonwealth and all representations of said 
arms, seal and flags shall conform strictly to the specifications which 
shall be prepared under the direction of the state secretary in the year 
nineteen hundred and seventy-one and deposited in his office. The proper 
use and display of said arms, seal and flags of the commonwealth and 
their manufacture are hereby subject to such regulations relating thereto 
which the state secretary may from time to time issue, provided that such 
regulations shall be in conformity with all the relevant legislation of the 
United States and of the commonwealth. 



Arms and Emblems of the Commonwealth. 209 



SECTION 6. The flag of the United States and the flag of the 
commonwealth shall be displayed on the main or administration building 
of each public institution of the commonwealth. The flags shall be of 
suitable dimensions and shall be flown every day when the weather 
permits. 

SECTION 6A. The flag of the commonwealth shall be flown at half- 
staff at or on the main or administration building of each public 
institution of the commonwealth, at or on each other state-owned or 
state-controlled building, and at all state military installations on the 
following occasions for the periods indicated: — 

(a) On all occasions upon which the national flag is flown at half- 
staff and for the same period of time; 

(b) On the death of a governor or ex-governor of the common- 
wealth for thirty days from the day of death; 

(c) On the death of a lieutenant-governor, secretary, treasurer and 
receiver-general, attorney general, or auditor of the commonwealth from 
the day of death until sunset of the day of interment; 

(d) On the death of a senator in congress from the commonwealth, 
from the day of death until sunset of the day of interment; 

(e) On the death of a representative in congress from the common- 
wealth, the flag of the commonwealth shall be flown at half-staff at the 
aforementioned sites in the representative's congressional district from 
the day of death until sunset of the day of interment; 

(f) In the event of the death of other elected officials or former 
elected officials of the commonwealth, from the day of death until sunset 
of the day of interment in accordance with such orders or instructions as 
may be issued by or at the direction of the governor; and 

(g) In the event two or more of the aforementioned periods coincide 
in full or in part, the state flag shall be displayed at half-staff for such 
period as will comply with the above provisions without resulting in an 
additional and separate period of such display for each such death. 

SECTION 7. The mayflower (epigaea repens) shall be the flower or 
floral emblem of the commonwealth. 

SECTION 8. The American elm (Ulmus americana) shall be the 
tree or tree emblem of the commonwealth. 

SECTION 9. The chickadee (Penthestes atricapillus) shall be the 
bird or bird emblem of the commonwealth. 

SECTION 10. Cranberry juice shall be the beverage of the common- 
wealth. 



210 Arms and Emblems of the Commonwealth. 



SECTION 1 1 . The Morgan horse shall be the horse or horse emblem 
of the commonwealth. 

SECTION 12. The Ladybug shall be the insect or insect emblem of 
the commonwealth. 

SECTION 13. The Cod shall be the fish or fish emblem and the 
historic and continuing symbol of the commonwealth. 

SECTION 14. The Boston terrier shall be the dog or dog emblem of 
the commonwealth. 

SECTION 15. Rhodonite shall be the gem or gem emblem of the 
commonwealth. 

SECTION 16. The right whale (Eubalaena Glacialis) shall be the 
marine mammal or marine mammal emblem of the commonwealth. 

SECTION 17. The dinosaur track shall be the fossil or fossil emblem 
of the commonwealth. 

SECTION 18. Babingtonite shall be the mineral or mineral emblem 
of the commonwealth. 

SECTION 19. The song "All Hail to Massachusetts", words and 
music by Arthur J. Marsh, shall be the song of the commonwealth. 

SECTION 20. The song "Massachusetts", words and music by Arlo 
Guthrie, shall be the folk song of the commonwealth. 

SECTION 21. The poem, "Blue Hills of Massachusetts", composed 
by Katherine E. Mullen of the town of Barre, shall be the official state 
poem of the commonwealth. 

SECTION 22. The Roxbury Puddingstone (Roxbury Conglomerate), 
shall be the rock or rock emblem of the commonwealth. 

SECTION 23. Plymouth Rock, located in the town of Plymouth, 
shall be the historical rock of the commonwealth. 

SECTION 24. Dighton Rock shall be the explorer rock of the com- 
monwealth. 

SECTION 25. Granite shall be the building and monument stone of 
the commonwealth. 

SECTION 26. Deborah Samson, who fought in the War of Indepen- 
dence, shall be the official heroine of the commonwealth. 

SECTION 27. The song "The Road to Boston", composer unknown, 
shall be the official ceremonial march of the commonwealth. 



Arms and Emblems of the Commonwealth. 211 



SECTION 28. The corn muffin shall be the official muffin of the 
commonwealth. 

SECTION 29. The New England neptune (neptunea lyrata 
decemcostatal) shall be the shell of the commonwealth. 

SECTION 30. The Tabby Cat shall be the official cat of the 
commonwealth. 

SECTION 31. The song "Massachusetts (Because of You Our Land 
Is Free)", words and music by Bernard Davidson, shall be the patriotic 
song of the commonwealth. 

SECTION 32. Square Dancing shall be the official folk dance of the 
commonwealth. 

SECTION 33. The Paxton Soil Series shall be the official soil of the 
commonwealth. 

SECTION 34. The memorial to be constructed in the city of 
Worcester by the Commonwealth of Massachusetts Vietnam Veterans' 
Memorial Trust, Incorporated shall be the official memorial of the 
commonwealth to honor the Vietnam War veterans of the 
commonwealth. 

SECTION 35. Bay Staters shall be the official designation of 
citizens of the commonwealth. 

SECTION 36. The wild turkey {Meleagris Gallopavo) shall be the 
game bird and game bird emblem of the commonwealth. 

SECTION 37. The memorial to be constructed in the city of 
Worcester by the Desert Calm Committee, Inc. shall be the official state 
monument for the veterans of the Southwest Asia War. 

SECTION 38. The baked navy bean shall be the official bean of the 
commonwealth. 

SECTION 39. The cranberry (vaccinum macrocarpon) shall be the 
official berry of the commonwealth. 

SECTION 40. Johnny Appleseed shall be the official folk hero of 
the commonwealth. 

SECTION 41. The Boston cream pie shall be the official dessert or 
dessert emblem of the commonwealth. 

SECTION 42. The chocolate chip cookie shall be the official cookie 
of the commonwealth. 



212 Arms and Emblems of the Commonwealth. 



SECTION 43. The song "The Great State of Massachusetts", words 
by George A. Wells, and music by J. Earl Bley, shall be the glee club 
song of the commonwealth. 

SECTION 44. The words and music of "Say Hello to Someone in 
Massachusetts" by Lenny Gomulka shall be the official polka of the 
commonwealth. 

SECTION 45. A memorial statue built in the town of Orange in 
recognition of veterans who served in World War I and designated as 
the Orange Peace Statue shall be the official peace statue of the 
commonwealth. 

SECTION 46. The Korean War Memorial located in the shipyard 
park of the Charlestown Navy Yard shall be the official memorial of the 
commonwealth to honor the Korean War veterans of the commonwealth. 

SECTION 47. The words and music of "Ode to Massachusetts" by 
Joseph Falzone shall be the official ode of Massachusetts. 

SECTION 48. The MIA/POW Memorial located at the Massachu- 
setts National Cemetery in the town of Bourne shall be the official 
MIA/POW memorial of the commonwealth. 

SECTION 49. The book Make Way for Ducklings by Robert 
McCloskey shall be the official children's book of the commonwealth. 

SECTION 50. The author Theodor Geisel, better known as Dr. Seuss, 
shall be the official children's author and children's illustrator of the 
commonwealth. 

SECTION 51. The Boston Cream Donut shall be the official donut 
of the commonwealth. 

SECTION 52. The Bay State Tartan shall be the official District 
Tartan of the commonwealth. 

SECTION 53. Blue, green and cranberry shall be the official colors 
of the commonwealth. 



Oath or Affirmation of Office. 2 1 3 

OATH OR AFFIRMATION OF OFFICE. 



Under the Constitution and Laws of the Commonwealth and of the 
United States every person chosen or appointed to any office, civil or 
military, under the government of this Commonwealth, before he enters 
on the duties of his office, is required to take and subscribe the following 
oath or affirmation: — 

The Oath of Office. 

I, (name), do solemnly swear, that I will bear true faith and alle- 
giance to the Commonwealth of Massachusetts, and will support the 
Constitution thereof. So help me God. 

I, (name), do solemnly swear and affirm, that I will faithfully and 
impartially discharge and perform all the duties incumbent on me 
as : according to the best of my abilities and under- 

standing, agreeably, to the rules and regulations of the Constitution, and 
the laws of this Commonwealth. So help me God. 

I, (name), do solemnly swear that I will support the Constitution of 
the United States. 

Affirmation. 

1, (name), do solemnly affirm, that I will bear true faith and allegiance 
to the Commonwealth of Massachusetts, and will support the Constitu- 
tion thereof. This I do under the pains and penalties of perjury. 

I, (name), do solemnly affirm, that I will faithfully and impar- 
tially discharge and perform all the duties incumbent on me 
as : according to the best of my abilities and under- 

standing, agreeably, to the rules and regulations of the Constitution, and 
the laws of this Commonwealth. This I do under the pains and penalties 
of perjury. 

I, (name), do solemnly affirm that I will support the Constitution of 
the United States. 



214 State Library. 

STATE LIBRARY OF MASSACHUSETTS. 

Room 341, State House. 



The State Library is a government research library maintained to 
meet the current information needs and research requirements of the 
General Court, the Executive branch and state government employees. 
All library materials are available to the public for research use. 

The Library's collections are strong in the areas of public law, public 
affairs, Massachusetts state and local history, and American history. 
Maps, atlases, photographs, manuscripts and media collections 
contribute to the Library's documentation of the state and its history. 

Presently, the Library contains over 1.2 million items. The law 
collection emphasizes public law as contrasted to the law of private 
practice. All states' statutory law and judicial decisions are represented 
in the collection. Coverage of federal law is complete as well. This 
collection is the only public law library in Suffolk County. Electronic 
access to legal resources and other specialized databases is offered to 
state employees. 

Designated as the official repository for Massachusetts state 
publications (St. 1984, c. 412), the State Library has a comprehensive 
collection of state publications from both the legislative and executive 
branches. This collection, which grows daily, is historic in scope and 
includes many early reports. The Library expands its collection in a 
variety of media; recent additions to the collection include the Senate 
and the House of Representatives' proceedings on videotape and selected 
legislative committee hearings on videotape. 

The State Library has been a selective depository for federal 
documents for over one hundred years, resulting in important historic 
and current collections of federal reports. The federal documents 
collection is notable in its coverage of Congressional reports. Census 
Bureau publications, Geological Survey maps, and Department of Labor 
documents. 

The State Library is governed by a board of trustees, four of whom are 
citizens appointed by the Governor. The President of the Senate, the 
Speaker of the House of Representatives, and the State Secretary serve on 
the board ex officio. The Library is managed by the State Librarian who is 
appointed by the Governor. The Librarian is assisted by professional and 
support staff. In 1960, the State Library was officially designated as the 
George Fingold Library in tribute to the late Attorney General. 



State Library. 215 

Trustees: 

— The Honorable Robert E. Travaglini 

Senate President, ex officio 

— The Honorable Salvatore F. DiMasi, Speaker of the 

House of Representatives, ex officio 

— William F. Galvin, Secretary of State, ex officio 

— Representative Marie J. Parente, Milford 

— Senator Edward M. Augustus, Jr. 

— Sally Hoyt, Reading 

— S. Andrew Efstathiou, Canton 

— Robert D. Hall, Jr., Needham 

— Sharon Gilley, Wakefield 

State Librarian/Director — Stephen A. Fulchino 

Assistant State Librarian/Director — Susan Edmonds 
Business Manager Specialist — Joanne M. Swirbalus 
Head of Reference — Tina Vegelante 
Chief of Special Collections — Betsy Lowenstein 
Legislative Reference Librarian — Pamela W. Schofield 
Head of Technical Services — Judith E. Carlstrom 
Government Documents Librarian — Bette L. Siegel 
Executive Reference Librarian — Eva Murphy 
Head of Library Systems — Susan Edmonds 
Interlibrary Loan Librarian — Tina Vegelante 



2 1 6 Boston A thenaeum, etc. 

BOSTON ATHENAEUM. 

10!/ 2 Beacon Street. 



By the act of the General Court incorporating the Proprietors of the 
Boston Athenaeum, it is provided that the Governor, Lieutenant- 
Governor, the members of the Council, of the Senate, and of the House 
of Representatives, for the time being, shall have free access to the 
Library of the said corporation, and may visit and consult the same at all 
times, under the same regulations as may be provided by the by-laws of 
said corporation for the proprietors thereof. 

The Boston Athenaeum is near the State House; and members who 
may wish to avail themselves of their privilege can receive a note of 
introduction to the Librarian by applying to the Sergeant-at-Arms. 



MASSACHUSETTS HISTORICAL SOCIETY. 

1 1 54 Boylston Street, Boston. 



Section 6 of the Act of Feb. 19, 1794, incorporating the Massachu- 
setts Historical Society, provides that "either branch of the Legislature 
shall, and may have free access to the library and museum of said 
Society." 



THE SOCIAL LAW LIBRARY. 

Room 1200, Suffolk County Court House. 



The Social Law Library was founded in 1804 as a private association 
library, owned by and available only to its members. The Common- 
wealth appropriates annually a sum to the support of this library for 
providing law library service to the judiciary and all attorneys in the 
employ of the Commonwealth. Its 175,000 volume collection makes it 
the largest law library in Boston for the practicing lawyer. By an act of 
October 21, 1814 the library is open to all members of the General 
Court. 



Legal Holidays and Proclamations. 2 1 7 



LEGAL HOLIDAYS IN MASSACHUSETTS 



(See General Laws, Chapter 4, Section 7, 

Eighteenth paragraph, as 

most recently amended by 

Chapter 451 of the Acts of 1985.) 



New Year's Day January the first 

Martin Luther King's Birthday Third Monday in January 

Washington's Birthday Third Monday in February 

Patriots' Day Third Monday in April 

Memorial Day Last Monday in May 

Independence Day July the fourth 

Labor Day First Monday in September 

Columbus Day Second Monday in October 

Veterans' Day November the eleventh 

Christmas Day December the twenty-fifth 

And the Day designated by the Governor as a day of Thanksgiving, 
customarily the fourth Thursday in November. 

In Suffolk County only March the seventeenth 

(Acts of 1962, Chapter 616) 
June the seventeenth 
(Acts of 1962, Chapter 616) 



PROCLAMATIONS REQUIRED TO BE ISSUED 
ANNUALLY BY THE GOVERNOR 



New Orleans Day January the eighth 

(General Laws, Chapter 6, Section 12F) 

Albert Schweitzer's Reverence 

for Life Day January the fourteenth 

(General Laws, Chapter 6, Section 12T) 

Martin Luther King, Jr. Day January the fifteenth 

(General Laws, Chapter 6, Section 15S) 

Jaycee Week and Jaycee Day Third week in January and 

Wednesday of that week 
(General Laws, Chapter 6, Section 15Y) 



218 Legal Holidays and Proclamations. 



Child Nutrition Week Last week in January 

(General Laws, Chapter 6, Section 15X) 

American History Month Month of February 

(General Laws, Chapter 6, Section 15C) 

Tadeusz Kosciuszko Day First Sunday in February 

(General Laws, Chapter 6, Section 12BB) 

USO Appreciation Day February the fourth 

(General Laws, Chapter 6, Section 12RR) 

Boy Scout Week February fifth to eleventh 

(General Laws, Chapter 6, Section 15Y) 

Lincoln Day February the twelfth 

(General Laws, Chapter 6, Section 13) 

Spanish War Memorial Day and 

Maine Memorial Day February the fifteenth 

(General Laws, Chapter 6, Section 14A) 

Lithuanian Independence Day February the sixteenth 

(General Laws, Chapter 6, Section 12GG) 

Iwo Jima Day February the nineteenth 

(General Laws, Chapter 6, Section 12AA) 

Homeless Unity Day February the twentieth 

(General Laws, Chapter 6, Section 12QQ) 

Washington Day Third Monday in February 

(General Laws, Chapter 6, Section 12T) 

Homeless Awareness Week Last week in February 

(General Laws, Chapter 6, Section 15CCC) 

Kalevala Day February the twenty-eighth 

(General Laws, Chapter 6, Section 15T) 

Irish-American Heritage Month Month of March 

(General Laws, Chapter 6, Section 15FFFF) 

Anniversary of the Boston Massacre March the fifth 

(General Laws, Chapter 6, Section 12D) 

Lucy Stone Day March the eighth 

(General Laws, Chapter 6, Section 15DDDD) 

Jack Kerouac Day March the twelfth 

(General Laws, Chapter 6, Section 15 WW) 



Legal Holidays and Proclamations. 219 



Slovak Independence Day March the fourteenth 

(General Laws, Chapter 6, Section 1211) 

Peter Francisco Day March the fifteenth 

(General Laws, Chapter 6, Section 12S) 

Robert Goddard Day March the sixteenth 

(General Laws, Chapter 6, Section 15AAAA) 

Evacuation Day March the seventeenth 

(General Laws, Chapter 6, Section 12K) 

Employ the Older Worker Week Third week in March 

(General Laws, Chapter 6, Section 15GG) 

Greek Independence Day March the twenty-fifth 

(General Laws, Chapter 6, Section 15RR) 

Italian American War Veterans of 

the United States, Inc., Day March the twenty-seventh 

(General Laws, Chapter 6, Section 15 J) 

Vietnam Veterans Day March the twenty-ninth 

(General Laws, Chapter 6, Section 15MM) 

Practical Nursing Education Week Last full week in March 

(General Laws, Chapter 6, Section 15UU) 

Motorcycle Safety and Awareness Time Last week in March 

to last week in April 
(General Laws, Chapter 6, Section 15NNNN) 

Civilian Conservation Corps Day March the thirty-first 

(General Laws, Chapter 6, Section 150000) 

Parliamentary Law Month Month of April 

(General Laws, Chapter 6, Section 15QQ) 

School Library Media Month Month of April 

(General Laws, Chapter 6, Section 15 AAA) 

Public Health Month Month of April 

(General Laws, Chapter 6, Section 15IIII) 

Autistic Awareness Month Month of April 

(General Laws, Chapter 6, Section 15MMMM) 

Armenian-American Heritage Month Month of April 

(General Laws, Chapter 6, Section 15WWWW) 

Student Government Day First Friday of April 

(General Laws, Chapter 6, Section 12M) 



220 Legal Holidays and Proclamations. 



Tartan Day April the sixth 

(General Laws, Chapter 6, Section 15QQQQ) 

Veterans of World War I 

Hospital Day First Sunday in April 

(General Laws, Chapter 6, Section 12T) 

Bataan-Corregidor Day April the ninth 

(General Laws, Chapter 6, Section 15Z) 

Former Prisoner of War 

Recognition Day April the ninth 

(General Laws, Chapter 6, Section 12PP) 

Earth Week One week in April 

(General Laws, Chapter 6, Section 14C) 

George Demeter Day Second Wednesday in April 

(Acts of 1989, Chapter 208) 

Aunt's and Uncle's Day Second Sunday in April 

(General Laws, Chapter 6, Section 12T) 

Licensed Practical Nurse Week Second last full week in April 

(General Laws, Chapter 6, Section 15LL) 

Armenian Martyrs' Day April the twenty-fourth 

(General Laws, Chapter 6, Section 1511) 

Patriots' Day Third Monday in April 

(General Laws, Chapter 6, Section 12 J) 

Earth Day Fourth Monday in April 

(Acts of 1971, Chapter 70) 

Arbor and Bird Day Last Friday in April 

(General Laws, Chapter 6, Section 15) 

Workers' Memorial Day Fourth Friday in April 

(General Laws, Chapter 6, Section 15KKK) 

Secretaries Week Last week in April 

(General Laws, Chapter 6, Section 15AA) 

School Principals' 

Recognition Day April the twenty-seventh 

(General Laws, Chapter 6, Section 12UU) 

Exercise Tiger Day April the twenty-eighth 

(General Laws, Chapter 6, Section 1200) 



Legal Holidays and Proclamations. 22 1 



Guardian's Day Fourth Sunday in April 

(General Laws, Chapter 6, Section 15XXXX) 

Senior Citizens Month Month of May 

(General Laws, Chapter 6, Section 15B) 

Keep Massachusetts 

Beautiful Month Month of May 

(General Laws, Chapter 6, Section 150) 

Law Enforcement 

Memorial Month Month of May 

(General Laws, Chapter 6, Section 15TTT) 

Loyalty Day May the first 

(General Laws, Chapter 6, Section 120) 

Polish Constitution Day May the third 

(General Laws, Chapter 6, Section 12R) 

Horace Mann Day May the fourth 

(General Laws, Chapter 6, Section 12T) 

Whale Awareness Day First Thursday in May 

(General Laws, Chapter 6, Section 15ZZ) 

Mother's Day Second Sunday in May 

(General Laws, Chapter 6, Section 12T) 

Emergency Responders 

Memorial Day Second Sunday in May 

(General Laws, Chapter 6, Section 15RRR) 

Emergency Management Week Week following the 

second Sunday in May 
(General Laws, Chapter 6, Section 15SSS) 

Police Officers' Week Week in which May 15 occurs 

(General Laws, Chapter 6, Section 15N) 

Police Memorial Day May the fifteenth 

(General Laws, Chapter 6, Section 15JJJ) 

Joshua James Day Third Sunday in May 

(General Laws, Chapter 6, Section 15XX) 

Lafayette Day May the twentieth 

(General Laws, Chapter 6, Section 12H) 

Maritime Day May the twenty-second 

(General Laws, Chapter 6, Section 12Y) 



222 Legal Holidays and Proclamations. 



Deborah Samson Day May the twenty-third 

(General Laws, Chapter 6, Section 12FF) 

Special Needs Awareness Day May the twenty-third 

(General Laws, Chapter 6, Section 15BBBB) 

American Indian Heritage Week Third week in May 

(General Laws, Chapter 6, Section 121) 

Visiting Nurse Association Week Third week in May 

(General Laws, Chapter 6, Section 12JJ) 

National Family Week Third week in May 

(General Laws, Chapter 6, Section 15KK) 

Missing Children's Day May the twenty-fifth 

(General Laws, Chapter 6, Section 15RRRR) 

Massachusetts Art Week Last week in May 

(General Laws, Chapter 6, Section 15D) 

Memorial Day Last Monday in May 

(General Laws, Chapter 6, Section 12Q) 

Presidents' Day May the twenty-ninth 

(General Laws, Chapter 6, Section 15VV) 

Massachusetts National 

Guard Week Week preceding 

Armed Forces Day 
(General Laws, Chapter 6, Section 15BB) 

Portuguese-American Month Month of June 

(General Laws, Chapter 6, Section 15GGGG) 

Teachers' Day First Sunday in June 

(General Laws, Chapter 6, Section 12X) 

Garden Week Week beginning the 

First Sunday in June 
(General Laws, Chapter 6, Section 12 WW) 

Retired Members of the 

Armed Forces Day First Monday in June 

(General Laws, Chapter 6, Section 15CC) 

Public Employees 

Appreciation Day First Wednesday in June 

(General Laws, Chapter 6, Section 15TT) 



Legal Holidays and Proclamations. 223 



Children's Day Second Sunday in June 

(General Laws, Chapter 6, Section 12U) 

State Walking Sunday Second Sunday in June 

(General Laws, Chapter 6, Section 15NN) 

Fire Fighters Memorial Sunday Second Sunday in June 

(General Laws, Chapter 6, Section 15JJ) 

Rabies Prevention Week Second week in June 

(General Laws, Chapter 6, Section 15EEE) 

Flag Day June the fourteenth 

(General Laws, Chapter 6, Section 14) 

Father's Day Third Sunday in June 

(General Laws, Chapter 6, Section 12T) 

Bunker Hill Day June the seventeenth 

(General Laws, Chapter 6, Section 12C) 

Destroyer Escort Day Third Saturday in June 

(General Laws, Chapter 6, Section 12TT) 

Battleship Massachusetts 

Memorial Day Last Saturday in June 

(General Laws, Chapter 6, Section 15M) 

Winthrop Beach 

Awareness Day Last Saturday in June 

(Acts of 1989, Chapter 146) 

John Carver Day Fourth Sunday in June 

(General Laws, Chapter 6, Section 15HH) 

Korean War Veterans Day June the twenty-fifth 

(General Laws, Chapter 6, Section 12MM) 

Regiment Massachusetts Volunteer Infantry 

of the Civil War Day June the twenty-seventh 

(General Laws, Chapter 6, Section 15UUUU) 

Saint Jean de Baptiste Day Fourth Sunday in June 

(General Laws, Chapter 6, Section 1500) 

Reflex Sympathetic Dystrophy 

Awareness Month Month of July 

(General Laws, Chapter 6, Section 15000) 

Independence Day July the fourth 

(General Laws, Chapter 6, Section 15DD) 



224 Legal Holidays and Proclamations. 



Regiment Massachusetts Volunteer Infantry 

of the Civil War Day July the eighteenth 

(General Laws, Chapter 6, Section 15 WW) 

Rose Fitzgerald Kennedy Day July the twenty-second 

(General Laws, Chapter 6, Section 12SS) 

Jamaican Independence Day First Monday in August 

(General Laws, Chapter 6, Section 12Z) 

Youth in Government Day First Friday in August 

(General Laws, Chapter 6, Section 15WW) 

Public Employees Week First week of August 

(General Laws, Chapter 6, Section 12CC) 

Purple Heart Day August the seventh 

(General Laws, Chapter 6, Section 12T) 

Liberty Tree Day August the fourteenth 

(General Laws, Chapter 6, Section 151) 

Social Security Day August the fourteenth 

(General Laws, Chapter 6, Section 12LL) 

Susan B. Anthony Day August the twenty-sixth 

(General Laws, Chapter 6, Section 15E) 

Caribbean Week Last week in August 

(General Laws, Chapter 6, Section 15QQQ) 

Sight-Saving Month Month of September 

(General Laws, Chapter 6, Section 12W) 

Literacy Awareness Month Month of September 

(General Laws, Chapter 6, Section 15NNN) 

World War II Commemoration Day September the second 

(General Laws, Chapter 6, Section 15YYYY) 

Grandparents Day Sunday following the first 

Monday of September 
(General Laws, Chapter 6, Section 12EE) 

Labor Week First week in September 

(General Laws, Chapter 6, Section 12KK) 

Alzheimer's Awareness Week First full week in September 

(General Laws, Chapter 6, Section 15GGG) 

Unity Day September the eleventh 

(General Laws, Chapter 6, Section 15SSSS) 



Legal Holidays and Proclamations. 225 



Endangered Species Day Second Saturday in September 

(General Laws, Chapter 6, Section 15EE) 

Commodore John Barry Day September the thirteenth 

(General Laws, Chapter 6, Section 12E) 

Constitution Day September the seventeenth 

(General Laws, Chapter 6, Section 15 A) 

Native American Day Third Friday in September 

(General Laws, Chapter 6, Section 12VV) 

POW/MIA Day Third Friday in September 

(General Laws, Chapter 6, Section 15BBB) 

Myositis Awareness Day September the twenty-first 

(General Laws, Chapter 6, Section 15TTTT) 

Cystic Fibrosis Week Third full week in September 

(General Laws, Chapter 6, Section 15K) 

National Hunting and 

Fishing Day Fourth Saturday in September 

(General Laws, Chapter 6, Section 15W) 

Pro-Life Month Month of October 

(General Laws, Chapter 6, Section 15FF) 

Lupus Awareness Month Month of October 

(General Laws, Chapter 6, Section 15LLL) 

Head Injury Awareness Month Month of October 

(General Laws, Chapter 6, Section 15VW) 

Polish American Heritage Month Month of October 

(General Laws, Chapter 6, Section 15 WWW) 

Italian- American Heritage Month Month of October 

(General Laws, Chapter 6, Section 15EEEE) 

Employ Handicapped 

Persons Week First Week in October 

(General Laws, Chapter 6, Section 15F) 

Employee Involvement and 

Ownership Week First week in October 

(General Laws, Chapter 6, Section 15HHH) 

Eddie Eagle Gun Safety Week First week in October 

(General Laws, Chapter 6, Section 15ZZZ) 



226 Legal Holidays and Proclamations. 



American Education Week One week in either 

October or November 
(General Laws, Chapter 6, Section 12G) 

Social Justice for Ireland Day First Saturday in October 

(General Laws, Chapter 6, Section 15U) 

Senior Citizens' Day First Sunday in October 

(General Laws, Chapter 6, Section 12T) 

Independent Living Center Day First Sunday in October 

(General Laws, Chapter 6, Section 15III) 

Fire Prevention Week Date fixed by Fire Marshal 

Town Meeting Day October the eighth 

(General Laws, Chapter 6, Section 15PP) 

Leif Ericson Day October the eighth 

(General Laws, Chapter 6, Section 15YY) 

Home Composting 

Recognition Week Second week in October 

(General Laws, Chapter 6, Section 15UUU) 

Pulaski Day October the eleventh 

(General Laws, Chapter 6, Section 12B) 

Columbus Day Second Monday in October 

(General Laws, Chapter 6, Section 12V) 

White Cane Safety Day October the fifteenth 

(General Laws, Chapter 6, Section 15V) 

Arthritis Awareness Day Third Sunday in October 

(General Laws, Chapter 6, Section 15KKKK) 

United Nations Day October the twenty-fourth 

(General Laws, Chapter 6, Section 12N) 

State Constitution Day October the twenty-fifth 

(General Laws, Chapter 6, Section 14B) 

Statue of Liberty 

Awareness Day October the twenty-sixth 

(General Laws, Chapter 6, Section 12HH) 

Youth Honor Day October the thirty-first 

(General Laws, Chapter 6, Section 15G) 

Robert Frost Day Fourth Saturday in October 

(General Laws, Chapter 6, Section 15CCCC) 



Legal Holidays and Proclamations. 227 



Hospice Week Second week in November 

(General Laws, Chapter 6, Section 15SS) 

Geographic Education 

Awareness Week Second week of November 

(General Laws. Chapter 6, Section 15MMM) 

United States Marine 

Corps Day November the tenth 

(General Laws, Chapter 6, Section 15Q) 

Armistice Day November the eleventh 

(General Laws, Chapter 6, Section 15R) 

Veterans Day November the eleventh 

(General Laws, Chapter 6, Section 12 A) 

Silver-Haired Legislature Days The Third Wednesday, 

Thursday and Friday 
in November 
(General Laws, Chapter 6, Section 15DDD) 

Thanksgiving Day Customarily the fourth 

Thursday in November 
(Proclamation not required by law but customarily 
issued by the Governor) 

Candle Safety Day Second Monday in December 

(General Laws, Chapter 6, Section 12XX) 

John F. Kennedy Day Last Sunday in November 

(General Laws, Chapter 6, Section 15L) 

Disabled American Veterans' 

Hospital Day First Sunday in December 

(General Laws, Chapter 6, Section 12T) 

Pearl Harbor Day December the seventh 

(General Laws, Chapter 6, Section 12DD) 

Survivors of Victims of Homicide Awareness .... November twentieth 

to December twentieth 
(General Laws, Chapter 6, Section 15HHHH) 

Civil Rights Week December eighth to fourteenth 

(General Laws, Chapter 6, Section 12P) 

Army and Navy Union Day Second Saturday in December 

(General Laws, Chapter 6, Section 12T) 



228 Legal Holidays and Proclamations. 



Human Rights Day December the tenth 

(General Laws, Chapter 6, Section 12NN) 

Samuel Slater Day December the twentieth 

(General Laws, Chapter 6, Section 15PPP) 

Clara Barton Days Week commencing 

December twenty-fifth 
(General Laws, Chapter 6, Section 15YYY) 

Veteran Fireman's Muster Day Date fixed by Governor 

when issued 
(General Laws, Chapter 6, Section 12L) 

Boy Scout Week Date fixed by Governor 

(General Laws, Chapter 6, Section 15H) 

Traffic Safely Week Date fixed by Governor 

(General Laws, Chapter 6, Section 15P) 



General Court Parking Privileges. 229 



Chapter 140 of the Acts of 1934. 

An Act providing facilities for the parking of motor vehicles 
near the state house by members and officers of the 
general court. 

Be it enacted by the Senate and House of Representatives in General 
Court assembled, and by the authority of the same, as follows: 

SECTION 1 . The traffic commission of the city of Boston is hereby 
directed to provide in its regulations prohibiting or restricting the parking 
and standing of motor vehicles on public ways in said city that they shall 
not, so far as they relate to the easterly side of Hancock street between 
Mount Vernon and Derne streets, the southerly side of Derne street between 
Hancock and Bowdoin streets, and the westerly side of Bowdoin street 
between Mount Vernon and Beacon streets, apply to motor vehicles owned 
or used by members and officers of the general court. 

SECTION 2. This act shall take effect upon its passage. 
Chapter 183 of the Acts of 1962. 

An Act revising the law relative to parking on the state 
house grounds. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is to provide forthwith for the establishment of rules and 
regulations relative to the parking of motor vehicles on the state house 
grounds in order to relieve traffic congestion in the vicinity of the state 
house, therefore it is hereby declared to be an emergency law, necessary 
for the immediate preservation of the public convenience. 

Be it enacted by the Senate and House of Representatives in General Court 
assembled, and by the authority of the same, as follows: 

SECTION 1 . The parking area on the state house grounds, including 
that portion of Mount Vernon street between the westerly curb of 
Bowdoin street and the easterly curb of Hancock street, is hereby 
designated for the use of members of the general court, subject to such 
rules and regulations as the committee on rules of the two branches 
acting concurrently may adopt and for the use of such other persons as 
said committee may by such rules and regulations prescribe. Whoever 
violates any such rule or regulation shall be punished by a fine of not more 
than ten dollars for each such violation. The capitol police shall enforce 
said rules and regulations and for said purpose may exercise the powers 
conferred on them by section twelve of chapter eight of the General Laws. 

SECTION 2. Chapter two hundred and eleven of the acts of nineteen 
hundred and fifty-one is hereby repealed. 



Districts 



Congressional, Councillor, 
Senatorial and Representative 



232 Congressional Districts. 

CONGRESSIONAL DISTRICTS 

[As established by Chapter 29 of the Acts of 2002. See General Laws, 
Chapter 57.] 



The United States census of 2000 was the basis of the apportionment. 



DISTRICT NO. 



Cities and Towns 

Berkshire County. 

Adams 

Alford 

Becket 

Cheshire 

Clarksburg 

Dalton 

Egremont 

Florida 

Great Barrington. . . . 

Hancock 

Hinsdale 

Lanesborough 

Lee 

Lenox 

Monterey 

Mount Washington. . 

New Ashford 

New Marlborough . . 

North Adams 

Otis 

Peru 

PlTTSFIELD 

Richmond 

Sandisfield 

Savoy 

Sheffield 

Stockbridge 

Tyringham 



Population 
2000 



8,809 

399 

1,755 

3,401 

1,686 

6,892 

1,345 

676 

7,527 

721 

1,872 

2,990 

5,985 

5,077 

934 

130 

247 

1,494 

14,681 

1,365 

821 

45,793 

1,604 

824 

705 

3,335 

2,276 

350 



Cities and Towns 

Washington 

West Stockbridge . . . 

Williamstown 

Windsor 

Franklin County. 

Ashfield 

Bernardston 

Buckland 

Charlemont 

Colrain 

Conway 

Deerfield 

Erving 

Gill 

Greenfield 

Hawley 

Heath 

Leverett 

Leyden 

Monroe 

Montague 

New Salem 

Northfield 

Orange 

Rowe 

Shelburne 

Shutesbury 

Sunderland 



Congressional Districts. 



233 



DISTRICT NO. 1 . — Concluded. 



Cities and Towns 



Population 
2000 



Cities and Towns 



Population 
2000 



Warwick 

Wendell 

Whately 

Hampden County. 

Blandford 

Chester 

Granville 

Holyoke 

Montgomery 

Russell 

Southwick 

Tolland 

Westfield 

West Springfield . . . 

Hampshire County. 

Amherst 

Belchertown 

Chesterfield 

Cummington 

Easthampton 

Goshen 

Granby 

Hatfield 

Huntington 

Middlefield 

Pelham 

Plainfield 

Southampton 

Ware 

Westhampton 

Williamsburg 

Worthington 



750 

986 

1,573 



1,214 

1,308 

1,521 

39,838 

654 

1,657 

8,835 

426 

40,072 

27,899 



34,874 

12,968 

1,201 

978 

15,994 

921 

6,132 

3,249 

2,174 

542 

1,403 

589 

5,387 

9,707 

1,468 

2,427 

1,270 



Middlesex County. 

Ashby 

Pepperell 

Townsend 



Worcester County. 

Ashburnham , 

Athol 

Barre 

Fitchburg 

Gardner 

Hardwick 

Hubbardston 

Leominster 

Lunenburg 

New Braintree 

Oakham 

Petersham 

Phillipston 

Royalston 

Sterling 

Templeton 

West Brookfield 

Westminster 

Winchendon 



Totals 



2,845 
11,142 
9,198 



5,546 

11,299 

5,113 

39,102 

20,770 

2,622 

3,909 

41,303 

9,401 

927 

1,673 

1,180 

1,621 

1,254 

7,257 

6,799 

3,804 

6,907 

9,611 

634,479 



[John W. Olver.] 



234 



Congressional Districts. 



DISTRICT NO. 2. 



Cities and Towns 



Population 
2000 



Cities and Towns 



Population 
2000 



Hampden County. 

Agawam 

Brimfield 

Chicopee 

East Longmeadow 

Hampden 

Holland 

Longmeadow 

Ludlow 

Monson 

Palmer 

Springfield 

Wales 

Wilbraham 

Hampshire County. 

Hadley 

Northampton 

South Hadley 

Norfolk County. 
Bellingham 

Worcester County. 

Blackstone 

Brookfield 

Charlton 

Douglas 

Dudley 

East Brookfield 

Grafton 



28,144 
3,339 

54,653 

14,100 
5,171 
2,407 

15,633 

21,209 
8,359 

12,497 

152,082 

1,737 

13,473 



4,793 
28,978 
17,196 



15,314 



8,804 

3,051 
11,263 

7,045 
10,036 

2,097 
14,894 



Hopedale 

Leicester 

Mendon 

Milford 

Millbury 

j Millville 

North Brookfield. 

Northbridge 

Oxford 

Southbridge 

Spencer 

Sturbridge 

Sutton 

Upton 

Uxbridge 

Warren 

Webster 



Totals . 



5,907 

10,471 

5,286 

26,799 

12,784 

2,724 

4,683 

13,182 

13,352 

17,214 

11,691 

7,837 

8,250 

5,642 

11,156 

4,776 

16,415 

634,444 



[Richard E. Neal. 



Congressional Districts. 



235 



DISTRICT NO. 3. 



Cities and Towns 



Population 

2000 



Cities and Towns 



Population 
2000 



Bristol County. 

Attleboro 

Fall River: 

Wardl 

Ward 2 

Ward 3 

Ward 4, Precinct A , 

Ward 4, Precinct B 

Ward 5, Precinct A . 

Ward 5. Precinct B . 

Ward 6, Precinct B 

Ward 6, Precinct C . 

Ward 8, Precinct D . 
North Attleborough ... 

Rehoboth 

Seekonk 

Somerset 

Swansea 

Middlesex County. 

Ashland 

Holliston 

Hopkinton 

Marlborough 

Norfolk County. 

Franklin 

Medway 

Plainville 

Wrentham 



42,068 

10,674 
10,213 
10,288 
3,397 
3.135 
3,428 
3,413 
3,373 
3,278 
2,505 
27,143 
10.172 
13,425 
18,234 
15,901 



14,674 
13,801 
13,346 

36,255 



29,560 
12,448 
7,683 
10.554 



Worcester County. 

Auburn 

Boylston 

Clinton 

Holden 

Northborough 

Paxton 

Princeton 

Rutland 

Shrewsbury 

Southborough 

West Boylston 

Westborough 

Worcester 



Totals. 



15,901 
4,008 
13,435 
15,621 
14,013 
4,386 
3.353 
6,353 
31,640 
8,781 
7.481 
17,997 
172,648 

634,585 



[James P. McGovern.] 



236 



Congressional Districts. 



DISTRICT NO. 4. 



Cities and Towns 



Population 
2000 



Cities and Towns 



Population 
2000 



Bristol County. 

Acushnet 

Berkley 

Dartmouth 

Dighton 

Fairhaven 

Fall River: 

Ward 4, Precinct C . 

Ward 5, Precinct C . 

Ward 6, Precinct A . 

Ward 7 

Ward 8, Precinct A . 

Ward 8, Precinct B . 

Ward 8, Precinct C . 

Ward 9 

Freetown 

Mansfield 

New Bedford 

Norton 

Raynham 

Taunton 

Westport 

Middlesex County. 

Newton 

Sherborn 



10,161 
5,749 

30,666 
6,175 

16,159 

3,223 

3,175 

3,167 

10,186 

2,507 

2,621 

2,709 

10,646 

8,472 

22,414 

93,768 

18,036 

11,739 

55,976 

14,183 



83,829 
4,200 



Norfolk County. 

Brookline 

Dover 

Foxborough 

Millis 

Norfolk 

Sharon 

Wellesley 

Plymouth County. 

Halifax 

Lakeville 

Marion 

Mattapoisett 

Middleborough 

Rochester 

Wareham 

Totals 



57,107 
5,558 
16,246 
7,902 
10,460 
17,408 
26,613 



7,500 
9,821 
5,123 
6,268 

19,941 
4,581 

20,335 

1634,624 



[Barney Frank. 



Congressional Districts. 



237 



DISTRICT NO. 5. 



Cities and Towns 



Population 
2000 



Cities and Towns 



Population 
2000 



Essex County. 

Andover 

Haverhill 

Lawrence 

Methuen 



Middlesex County. 

Acton 

Ayer 

Billerica 

Boxborough 

Carlisle 

Chelmsford 

Concord 

Dracut 

Dunstable 

Groton 

Hudson 

Littleton 

Lowell 

Maynard 

Shirley 

Stow 



31,247 
58,969 
72,043 
43,789 



20,331 
7,287 

38,981 
4,868 
4,717 

33,858 

16,993 

28,562 
2,829 
9,547 

18,113 

8,184 

105,167 

10,433 
6,373 
5,902 



Sudbury 

Tewksbury 

Tyngsborough 

Wayland: 

Precinct 1 

Precinct 3 

Precinct 4 

Westford 

Worcester County. 

Berlin 

Bolton 

Harvard 

Lancaster 

Total 



16,841 
28,851 
11,081 

3,165 

3,292 

3,260 

20,754 



2,380 
4,148 
5.981 
7,380 



635,326 



[Martin T. Meehan.] 



DISTRICT NO. 6. 



Cities and Towns 



Population 
2000 



Cities and Towns 



Population 
2000 



Essex County. 

Amesbury 

Beverly 

Boxford 

Danvers 

Essex 

Georgetown 

Gloucester 



16,450 

39,862 
7,921 

25,212 
3,267 
7,377 

30,273 



Groveland 

Hamilton 

Ipswich 

Lynn 

Lynnfield 

Manchester-by-the-Sea 

Marblehead 

Merrimac 



6,038 

8,315 
12,987 
89,050 
11,542 

5,228 
20,377 

6,138 



238 



Congressional Districts. 



DISTRICT NO. 6 — Concluded. 



Cities and Towns 


Population 
2000 


Cities and Towns 


Population 
2000 




7,744 
3,632 
6,717 
17,189 
27,202 




4,149 


Nahant 

Newbury 

Newburyport 


Middlesex County. 

Bedford 

Burlington 


12,595 
22,876 


Peabody 

Rockport 

Rowley 

Salem 

Salisbury 

Saugus 

Swampscott 

Topsfield 


48,129 
7,767 
5,500 

40,407 
7,827 

26,078 

14,412 
6,141 
4,440 


13 837 


Reading 23,708 

Wakefield 24,804 

Wilmington 21,363 

Totals 636,554 

[John F. Tierney.] 



DISTRICT NO. 7. 



Cities and Towns 



Population 
2000 



Cities and Towns 



Population 
2000 



Middlesex County. 

Arlington 

Belmont 

Everett 

Framingham 

Lexington 

Lincoln 

Malden 

Medford 

Melrose 

Natick 

Stoneham 

Waltham 

Watertown 

Wayland: 

Precinct 2 



42,389 
24,194 
38,037 
66,910 
30,355 
8,056 
56,340 
55,765 
27,134 
32,170 
22,219 
59,226 
32,986 

3,383 



Weston 

Winchester 

Woburn 

Suffolk County. 

Revere 

Winthrop 

Totals 



11,469 
20,810 
37,258 



47,283 
18,303 



634,287 



[Edward J. Markey.] 



Congressional Districts. 



239 



DISTRICT NO. 



Cities and Towns 



Populatu 
2000 



Cities and Towns 



Population 
2000 



Middlesex County. 

Cambridge 

somerville 

Suffolk County. 
Boston: 

Wardl 

Ward 2 

Ward 3, Precincts 

1,2, 3,4, 7 and 8 

Ward 4 

Ward 5, Precincts 

1,2,6, 7, 8, 9 and 10 
Ward 7, Precinct 10 



101,355 

77,478 



39,053 
15,195 



19,115 
31,682 



28,386 
2,439 



Ward 14 32,488 

Ward 15, Precincts 1, 

2, 3, 4, 5, 7, 8 and 9 ! 18,074 
Ward 16, Precincts 

land 3 4,822 

Ward 17, Precincts 

1,2,3,5,6.7,8,9, 

10, 11 and 12 20,117 

Ward 18, Precincts 1, i 

2,3,4,5,6,7,8,13 

14, 15 and 21 ! 32,385 

Ward 19, Precincts 1, 

3,4,5,6, 8 and 9... j 10,474 
Ward 21 I 45,868 



Ward 8... 
Ward 9... 
Ward 10 




11,645 
14,774 
20,450 
18,685 
16,922 

8,689 


Ward 22 . 
Chelsea.... 

Totals 




[Michael E 


29,659 
35,080 


Ward 11 


634,835 


Ward 12 

Ward 13, Precincts 
1,2,4, 5 and 6 


Capuano.] 



DISTRICT NO. 9. 



Cities and Towns 



Population 
2000 



Cities and Towns 



Population 
2000 



Bristol County. 
Easton 

Norfolk County. 

Avon 

Braintree 

Canton 

Dedham 

Holbrook 

Medfield 

Milton 



22,299 



4,443 
33,828 
20,775 
23,464 
10,785 
12,273 
26,062 



Needham 

Norwood 

Randolph 

Stoughton 

Walpole 

Westwood 

Plymouth County. 

Bridgewater 

Brockton 

East Bridgewater . . . 



28,911 
28,587 
30,963 
27,149 
22,824 
14,117 



25,185 
94,304 
12,974 



240 



Congressional Districts. 



DISTRICT NO. 9 — Concluded. 



Cities and Towns 


Population 
2000 


Cities and Towns 


Population 
2000 


Hanson: 




Ward 16, Precincts 




Precinct 1 


3,177 


2,4,5,6,7,8,9,10, 




Precinct 3 


3,207 


11 and 12 


20,759 


West Bridgewater. . . . 


6,634 


Ward 17, Precincts 




Whitman 


13,882 


4, 13 and 14 

Ward 1 8, Precincts 


6,425 


Suffolk County. 




9, 10, 11, 12, 16, 17, 




Boston: 




18, 19, 20, 22 and 23 


22,895 


Ward 3, Precincts 




Ward 19, Precincts 2, 






9,052 


7, 10, 11, 12 and 13 


12 958 




7,113 


Ward 20 


38,108 








3, 4, 5 and 11 .... 




Ward 6 


15,662 


Totals 


634,062 


Ward 7, Precincts 1,2, 








3, 4, 5, 6, 7, 8 and 9 
Ward 13, Precincts 


17,926 


[Stephen 


F. Lynch.] 


3, 7, 8, 9 and 10 .. 


11,976 






Ward 15, Precinct 6. 


1,345 







DISTRICT NO. 10. 



Cities and Towns 


Population 
2000 


Cities and Towns 


Population 
2000 


Barnstable County. 

Barnstable 

Bourne 

Brewster 

Chatham 

Dennis 

Eastham 

Falmouth 

Harwich 


47,821 
18,721 
10,094 

6,625 
15,973 

5,453 
32,660 
12,386 
12,946 

6,341 

3,431 
20,136 


Truro 

Wellfleet 

Yarmouth 

Dukes County. 

Aquinnah 

Chilmark 

Edgartown 

Gosnold 

Oak Bluffs 


2,087 

2,749 

24,807 

344 
843 

3,779 
86 

3,713 


Orleans 

Provincetown 

Sandwich 


Tisbury 

West Tisbury 


3,755 
2,467 



Congressional Districts. 



241 



DISTRICT NO. 10 — Concluded. 



Cities and Towns 


Population 
2000 


Cities and Towns 


Population 
2000 


Nantucket County. 
Nantucket 

Norfolk County. 

Cohasset 

Quincy 

Weymouth 

Plymouth County. 

Abington 

Carver 

Duxbury 

Hanover 

Hanson: 
Precinct 2 


9,520 

7,261 
88,025 
53,988 

14,605 
11,163 
14,248 
13,164 

3,111 


Hingham 

Hull 

Kingston 

Marshfield 

Norwell 

Pembroke 

Plymouth 

Plympton 

Rockland 

Scituate 

Totals 

[William D. 


19,882 
11,050 

11,780 
24,324 

9,765 
16,927 
51,701 

2,637 
17,670 
17,863 

635,901 
Delahunt.] 



Councillor Districts. 243 

COUNCILLOR DISTRICTS. 

(With Councillors for 2003-2004) 

[As established by Chapter 126, Section 2, of the Acts of 2001, 
based on the Federal Census of 2000. See General Laws, Chapter 57.] 

I. The First Bristol and Plymouth, the Second Bristol and Plymouth, the 
Cape and Islands, the Plymouth and Barnstable and the First Plymouth and 
Bristol Senatorial Districts. 

Barnstable, Bourne, Brewster, Chatham, Dennis, Eastham, Falmouth, 
Harwich, Mashpee, Orleans, Provincetown, Sandwich, Truro, Wellfleet 
and Yarmouth, in the county of Barnstable; Acushnet, Berkley, 
Dartmouth, Dighton, Fairhaven, Fall River, Freetown, New 
Bedford, Raynham, Somerset, Swansea, Taunton, and Westport, in 
the county of Bristol; Aquinnah, Chilmark, Edgartown, Gosnold, Oak 
Bluffs, Tisbury and West Tisbury, in the county of Dukes County; 
Nantucket, in the county of Nantucket; and Bridgewater, Carver, 
Kingston, Lakeville, Marion, Mattapoisett, Middleborough, Pembroke, 
Plymouth, Plympton, Rochester and Wareham, in the county of 
Plymouth. [Carole A. Fiola, Fall River.] 

II. The Bristol and Norfolk, the Second Middlesex and Norfolk, the 
Norfolk, Bristol and Middlesex, the Norfolk, Bristol and Plymouth and the 
Suffolk and Norfolk Senatorial Districts. 

Attleboro, Easton, precincts 3 to 6, inclusive, Mansfield, North 
Attleborough, Norton, Rehoboth and Seekonk, in the county of Bristol; 
Ashland, Framingham, Holliston, Hopkinton, Natick, Sherborn and 
Wayland, in the county of Middlesex; Avon, Braintree, precincts 1, 3, 4 
and 5, Canton, Dedham, Dover, Foxborough, Franklin, Medfield, 
Medway, Millis, Milton, Needham, Norfolk, Norwood, Plainville, 
Randolph, Sharon, Stoughton, Walpole, Wellesley, precincts B, F and 
G, Westwood and Wrentham, in the county of Norfolk; East 
Bridgewater, precinct 4, and West Bridgewater, in the county of 
Plymouth; Boston, ward 18, precincts 7 to 20, inclusive, 22 and 23, 
ward 19, precincts 10 to 13, inclusive, and ward 20, in the county of 
Suffolk. [Kelly A. Timilty, Boston.] 

III. The First Middlesex, the Third Middlesex, the First Middlesex and 
Norfolk, the Middlesex and Worcester and the Second Suffolk and 
Middlesex Senatorial Districts. 



244 Councillor Districts. 

Acton, Ayer, Bedford, Belmont, Boxborough, Cambridge, ward 9, 
precincts 2 and 3, ward 10, precincts 1 and 3, and ward 11, Carlisle, 
Chelmsford, Concord, Dunstable, Groton, Hudson, Lexington, 
precincts 3, 8 and 9, Lincoln, Littleton, Lowell, Marlborough, 
Maynard, Newton, Pepperell, Shirley, Stow, Sudbury, Tyngsborough, 
Waltham, Watertown, Westford and Weston, in the county of 
Middlesex; Brookline and Wellesley, precincts A and C to E, inclu- 
sive, in the county of Norfolk; Boston, ward 4, precincts 7 and 10, 
ward 5, precincts 2, 9 and 10, ward 21, precincts 1 to 3, inclusive, and 
5, and 8 to 16, inclusive, and ward 22, precincts 3 and 4, and 6 to 13, 
inclusive, in the county of Suffolk; and Harvard, Northborough, 
precinct 3, Southborough and Westborough, in the county of 
Worcester. [Marilyn M. Petitto Devaney, Watertown.] 

IV. The Norfolk and Plymouth, the Second Plymouth and Bristol, the 
Plymouth and Norfolk, the First Suffolk and the Second Suffolk Senatorial 
Districts. 

Easton, precincts 1 and 2, in the county of Bristol; Braintree, precincts 2 
and 6 to 12, inclusive, Cohasset, Holbrook, Quincy, and Weymouth, 
in the county of Norfolk; Boston, ward 1, precinct 15, ward 3, 
precincts 7 and 8, ward 4, precincts 1 to 6, inclusive, 8 and 9, ward 5, 
precincts 1, 4 to 8, inclusive, and 1 1, ward 6, ward 7, ward 8, ward 9, 
ward 10, ward 11, ward 12, ward 13, ward 14, ward 15, ward 16, ward 
17, ward 18, precincts 1 to 6, inclusive, and 21, ward 19, precincts 1 to 
9, inclusive, in the county of Suffolk; and Abington, Brockton, 
Duxbury, East Bridgewater, precincts 1 to 3, inclusive, Halifax, 
Hanover, Hanson, Hingham, Hull, Marshfield, Norwell, Rockland, 
Scituate and Whitman, in the county of Plymouth. [Christopher A. 
Iannella, Jr., Boston.] 

V. The First Essex, the Second Essex, the First Essex and Middlesex, the 
Second Essex and Middlesex and the Third Essex and Middlesex 
Senatorial Districts. 

Amesbury, Andover, Beverly, Boxford, Danvers, Essex, Georgetown, 
Gloucester, Groveland, Hamilton, Haverhill, Ipswich, Lawrence, 
Lynn, Manchester-by-the-Sea, Marblehead, Merrimac, Methuen, 
Middleton, Nahant, Newbury, Newburyport, North Andover, 
Peabody, Rockport, Rowley, Salem, Salisbury, Saugus, precincts 1, 3 
to 5, inclusive, 7 to 9, inclusive, Swampscott, Topsfield, Wenham and 
West Newbury, in the county of Essex; and Dracut, Melrose, wards 6 
and 7, North Reading, Tewksbury and Wilmington, in the county of 
Middlesex. [Mary-Ellen Manning, Peabody.] 



Councillor Districts. 245 

VI. The Second Middlesex, the Fourth Middlesex, the Middlesex and 
Essex, the Middlesex, Suffolk and Essex and the First Suffolk and 
Middlesex Senatorial Districts. 

Lynnfield and Saugus, precincts 2, 6 and 10, in the county of Essex; 
Arlington, Billerica, Burlington, Cambridge, ward 1, ward 2, ward 3, 
ward 4, ward 5, ward 6, ward 7, ward 8, ward 9, precinct 1, ward 10, 
precinct 2, Everett, Lexington, precincts 1 and 2 and 4 to 7, inclusive, 
Malden, Medford, Melrose, wards 1 to 5, inclusive, Reading, 
Somerville, Stoneham, Wakefield, Woburn and Winchester, in the 
county of Middlesex; and Boston, ward 1, precincts 1 to 14, inclusive, 
ward 2, ward 3, precincts 1 to 6, inclusive, ward 5, precinct 3, ward 21, 
precincts 4, 6 and 7 and ward 22, precincts 1, 2 and 5, Chelsea, 
Revere, and Winthrop, in the county of Suffolk. [Michael J. Callahan, 
Medford.] 

VII. The First Worcester, the Second Worcester, the Worcester, Hampden, 
Hampshire and Franklin, the Worcester and Middlesex and the Worcester 
and Norfolk Senatorial Districts. 

Orange and Warwick, in the county of Franklin; Brimfield, Holland, 
Monson, Palmer and Wales, in the county of Hampden; Ware, in the 
county of Hampshire; Ashby and Townsend, in the county of 
Middlesex; Bellingham, in the county of Norfolk; Ashburnham, Athol, 
Auburn, Barre, Berlin, Blackstone, Bolton, Boylston, Brookfield, 
Charlton, Clinton, Douglas, Dudley, East Brookfield, Fitchburg, 
Gardner, Grafton, Hardwick, Holden, Hopedale, Hubbardston, 
Lancaster, Leicester, Leominster, Lunenburg, Mendon, Milford, 
Millbury, Millville, New Braintree, North Brookfield, Northborough, 
precincts 1, 2 and 4, Northbridge, Oakham, Oxford, Paxton, 
Petersham, Phillipston, Princeton, Royalston, Rutland, Shrewsbury, 
Southbridge, Spencer, Sterling, Sturbridge, Sutton, Templeton, Upton, 
Uxbridge, Warren, Webster, West Boylston, West Brookfield, 
Westminster, Winchendon and Worcester, in the county of 
Worcester. [Dennis P. McManus, Worcester.] 

VIII. The Berkshire, Hampshire and Franklin, the Hampden, the First 
Hampden and Hampshire, the Second Hampden and Hampshire and the 
Hampshire and Franklin Senatorial Districts. 

Adams, Alford. Becket, Cheshire, Clarksburg, Dalton, Egremont, Florida, 
Great Barrington, Hancock, Hinsdale, Lanesborough, Lee, Lenox, 
Monterey, Mount Washington, New Ashford, New Marlborough, 
North Adams, Otis, Peru, Pittsfield, Richmond, Sandisfield, Savoy, 



246 Councillor Districts. 

Sheffield, Stockbridge, Tyringham, Washington, West Stockbridge, 
Williamstown and Windsor, in the county of Berkshire; Ashfield, 
Bernardston, Buckland, Charlemont, Colrain, Conway, Deerfield, 
Erving, Gill, Greenfield, Hawley, Heath, Leverett, Leyden, Monroe, 
Montague, New Salem, Northfield, Rowe, Shelburne, Shutesbury, 
Sunderland, Wendell and Whately, in the county of Franklin; 
Agawam, Blandford, Chester, Chicopee, East Longmeadow, 
Granville, Hampden, Holyoke, Longmeadow, Ludlow, Montgomery, 
Russell, Southwick, Springfield, Tolland, West Springfield, 
Westfield and Wilbraham, in the county of Hampden; Amherst, 
Belchertown, Chesterfield, Cummington, Easthampton, Goshen, 
Granby, Hadley, Hatfield, Huntington, Middlefield, Northampton, 
Pelham, Plainfield, South Hadley, Southampton, Westhampton, 
Williamsburg and Worthington, in the county of Hampshire. [Edward 
M. O'Brien, Easthampton.] 



Senatorial Districts. 247 



SENATORIAL DISTRICTS 

(With Senators for 2003-2004) 

[As established by Chapter 126, Section 3, of the Acts of 2001, based on 
the Federal census of 2000. See General Laws, Chapter 57.] 

[Average ratio for the State, Inhabitants, 158,727.] 

BERKSHIRE, HAMPSHIRE AND FRANKLIN. — Adams, Alford, 
Becket, Cheshire, Clarksburg, Dalton, Egremont, Florida, Great 
Barrington, Hancock, Hinsdale, Lanesborough, Lee, Lenox, Monterey, 
Mount Washington, New Ashford, New Marlborough, North Adams, 
Otis, Peru, Pittsfield, Richmond, Sandisfield, Savoy, Sheffield, 
Stockbridge, Tyringham, Washington, West Stockbridge, 
Williamstown and Windsor, in the county of Berkshire; Chesterfield, 
Cummington, Goshen, Huntington. Middlefield, Plainfield, 
Westhampton, Williamsburg and Worthington, in the county of Hamp- 
shire: and Ashfield, Charlemont, Conway, Hawley, Heath, Monroe 
and Rowe, in the county of Franklin. [Andrea F. Nuciforo, Jr., 
Pittsfield.] 

BRISTOL AND NORFOLK. — Attleboro, ward 3, precinct B, ward 4, 
precincts A and B, ward 5, precincts A and B, ward 6, precincts A and 
B, Mansfield, Norton, Rehoboth and Seekonk, in the county of Bristol; 
and Dover, Foxborough, Medfield, Sharon, precincts 1, 4 and 5, and 
Walpole, in the county of Norfolk. [Jo Ann Sprague, Walpole.] 

FIRST BRISTOL AND PLYMOUTH. — Fall River, Freetown, 
Somerset, Swansea and Westport, in the county of Bristol; and 
Lakeville and Rochester, in the county of Plymouth. [Joan M. Menard, 
Somerset.] 

SECOND BRISTOL AND PLYMOUTH. — New Bedford, Acushnet, 
Dartmouth and Fairhaven, in the county of Bristol; and Mattapoisett, 
in the county of Plymouth. [Mark C. Montigny, New Bedford.] 

CAPE AND ISLANDS. — Barnstable, precincts 1 to 9, inclusive, and 13. 
Brewster, Chatham, Dennis, Eastham, Harwich, Mashpee, Orleans, 
Provincetown, Truro, Wellfleet and Yarmouth, in the county of 
Barnstable; Aquinnah, Chilmark, Edgartown, Gosnold, Oak Bluffs. 
Tisbury and West Tisbury, in the county of Dukes County; and 
Nantucket, in the county of Nantucket. [Robert A. O'Leary, 
Barnstable.] 



248 Senatorial Districts. 

FIRST ESSEX. — Haverhill, Newburyport, Amesbury, Merrimac, 
Methuen, North Andover, precincts 1, 4, 6 and 8, and Salisbury. 
[Steven A. Baddour, Methuen.] 

SECOND ESSEX. — Beverly, Peabody, Salem, Danvers and Topsfield. 
[Frederick E. Berry, Peabody.] 

FIRST ESSEX AND MIDDLESEX. — Gloucester, Boxford, Essex, 
Georgetown, Groveland, Hamilton, Ipswich, Manchester-by-the-Sea, 
Middleton, Newbury, North Andover, precincts 2, 3, 5 and 7, 
Rockport, Rowley, Wenham and West Newbury, in the county of 
Essex; and North Reading and Wilmington, in the county of 
Middlesex. [Bruce E. Tarr, Gloucester.] 

SECOND ESSEX AND MIDDLESEX. — Lawrence, and Andover, in the 
county of Essex; and Dracut and Tewksbury, in the county of 
Middlesex. [Susan C. Tucker, Andover.] 

THIRD ESSEX AND MIDDLESEX. — Lynn, Marblehead, Nahant, 
Saugus, precincts 1, 3 to 5, inclusive, 7 to 9, inclusive, and 
Swampscott, in the county of Essex; and Melrose, wards 6 and 7, in 
the county of Middlesex. [Thomas M. McGee, Lynn.] 

HAMPDEN — Chicopee, ward 2, precincts A to D, inclusive, ward 4, 
precincts A to C, inclusive, ward 5, precincts A and B, and 
Springfield, wards 1, 3 and 4, ward 5, precincts A and B, ward 6, and 
Agawam and West Springfield. [Linda J. Melconian, Springfield.] 

FIRST HAMPDEN AND HAMPSHIRE. — Springfield, ward 2, ward 5, 
precincts C to H, inclusive, wards 7 and 8, East Longmeadow, 
Hampden, Longmeadow, Ludlow and Wilbraham, in the county of 
Hampden; and Belchertown, precincts B and C, and Granby, in the 
county of Hampshire. [Brian P. Lees, East Longmeadow.] 

SECOND HAMPDEN AND HAMPSHIRE. — Chicopee, ward 1, 
precincts A and B, ward, 3, precincts A to C, inclusive, ward 6, 
precincts A and B, ward 7, precincts A and B, ward 8, precincts A and 
B, ward 9, precincts A and B, Holyoke, Westfield, Blandford, 
Chester, Granville, Montgomery, Russell, Southwick and Tolland, in 
the county of Hampden; and Easthampton and Southampton, in the 
county of Hampshire. [Michael R. Knapik, Westfield.] 

HAMPSHIRE AND FRANKLIN. — Northampton, Amherst, 
Belchertown, precincts A and D, Hadley, Hatfield, Pelham and South 
Hadley, in the county of Hampshire; and Bernardston, Buckland, 
Colrain, Deerfield, Erving, Gill, Greenfield, Leverett, Leyden, 
Montague, New Salem, Northfield, Shelburne, Shutesbury, 



Senatorial Districts. 249 

Sunderland, Wendell and Whately, in the county of Franklin. 
[Stanley C. Rosenberg, Amherst.] 

FIRST MIDDLESEX. — Lowell, Dunstable, Groton, Pepperell, Tyngs- 
borough and Westford. [Steven C. Panagiotakos, Lowell.] 

SECOND MIDDLESEX. — Medford, Somerville, ward 1, precincts 2 
and 3, ward 2, precincts 2 and 3, and wards 3 to 7, inclusive, Woburn, 
ward 2, and Winchester. [Charles E. Shannon, Jr., Winchester.] 
(Deceased April 5, 2006). [Patricia D. Jehlen, Somerville.]* 

THIRD MIDDLESEX. — Waltham, Bedford, Carlisle, Chelmsford, 
Concord, Lexington, precincts 3, 8 and 9, Lincoln, Sudbury, precincts 1 
and 4, and Weston. [Susan C. Fargo, Lincoln.] 

FOURTH MIDDLESEX. — Woburn, ward 1, wards 3 to 7, inclusive, 
Arlington, Billerica, Burlington and Lexington, precincts 1 and 2 and 4 
to 7, inclusive. [Robert A. Havern III, Arlington.] 

MIDDLESEX AND ESSEX. — Malden, Melrose, wards 1 to 5, inclu- 
sive, Reading, Stoneham and Wakefield, in the county of Middlesex; 
and Lynnfield, in the county of Essex. [Richard R. Tisei, Wakefield.] 

FIRST MIDDLESEX AND NORFOLK. — Newton, in the county of 
Middlesex; and Brookline and Wellesley, precincts A and C to E, inclu- 
sive, in the county of Norfolk. [Cynthia Stone Creem, Newton.] 

SECOND MIDDLESEX AND NORFOLK. — Ashland, Framingham, 
Holliston, Hopkinton and Natick, precincts 1 to 5, inclusive, and 8, in 
the county of Middlesex; Franklin, precincts 1 and 5 to 8, inclusive, 
and Medway, in the county of Norfolk. [David P. Magnani, 
Framingham.] 

MIDDLESEX, SUFFOLK AND ESSEX. — Cambridge, ward 3, precinct 
2, wards 6 and 7, ward 8, precincts 1 and 2, ward 9, precinct 1, ward 
10, precinct 2, Everett and Somerville, ward 1, precinct 1, ward 2, 
precinct 1, in the county of Middlesex; Boston, ward 2, ward 21, 
precincts 4, 6 and 7, ward 22, precincts 1, 2 and 5, Chelsea and 
Revere, ward 6, in the county of Suffolk; and Saugus, precincts 2, 6 
and 10, in the county of Essex. [Jarrett T. Barrios, Cambridge.] 

MIDDLESEX AND WORCESTER. — Marlborough, Acton, Ayer, 
Boxborough, Hudson, Littleton, Maynard, Shirley, Stow and Sudbury, 
precincts 2, 3 and 5, in the county of Middlesex; and Harvard, 
Northborough, precinct 3, Southborough and Westborough, in the 
county of Worcester. [Pamela P. Resor, Acton.] 



1. Elected Sept. 27, 2005; qualified Oct. 12, 2005. 



250 Senatorial Districts. 

NORFOLK, BRISTOL AND PLYMOUTH. — Avon, Braintree, precincts 
1, 3, 4 and 5, Canton, Milton, Randolph, Sharon, precincts 2 and 3, 
and Stoughton, in the county of Norfolk; Easton, precincts 3 to 6, 
inclusive, in the county of Bristol; and East Bridgewater, precinct 4, 
and West Bridgewater, in the county of Plymouth. [Brian A. Joyce, 
Milton.] 

NORFOLK, BRISTOL AND MIDDLESEX. — Franklin, precincts 2 to 4, 
inclusive, Millis, Needham, Norfolk, Plainville, Wellesley, precincts 
B, F and G, and Wrentham, in the county of Norfolk; Attleboro, 
wards 1 and 2, ward 3, precinct A, and North Attleborough, in the 
county of Bristol; and Natick, precincts 6, 7, 9 and 10, Sherborn and 
Wayland, in the county of Middlesex. [Cheryl A. Jacques, Needham.] 

NORFOLK AND PLYMOUTH. — Quincy, Braintree, precincts 2 and 6 
to 12, inclusive, and Holbrook, in the county of Norfolk; and Abington 
and Rockland, in the county of Plymouth. [Michael W. Morrissey, 
Quincy.] 

PLYMOUTH AND BARNSTABLE. — Kingston, Pembroke, Plymouth 
and Plympton, in the county of Plymouth; and Barnstable, precincts 10 
to 12, inclusive, Bourne, Falmouth and Sandwich, in the county of 
Barnstable. [Therese Murray, Plymouth.] 

FIRST PLYMOUTH AND BRISTOL. — Bridgewater, Carver, Marion, 
Middleborough and Wareham, in the county of Plymouth; and 
Taunton, Berkley, Dighton and Raynham, in the county of Bristol. 
[Marc R. Pacheco, Taunton.] 

SECOND PLYMOUTH AND BRISTOL. — Brockton, East 
Bridgewater, precincts 1 to 3, inclusive, Halifax, Hanover, Hanson and 
Whitman, in the county of Plymouth; and Easton, precincts 1 and 2, in 
the county of Bristol. [Robert S. Creedon, Jr., Brockton.] 

PLYMOUTH AND NORFOLK. — Duxbury, Hingham, Hull, Marshfield, 
Norwell and Scituate, in the county of Plymouth; and Cohasset and 
Weymouth, in the county of Norfolk. [Robert L. Hedlund, Weymouth.] 

FIRST SUFFOLK. — Boston, ward 1, precinct 15, wards 6, 7 and 13, 
ward 14, precincts 1, 2, 4, 5 and 12 to 14, inclusive, wards 15, 16 and 
17, ward 18, precincts 1 to 6, inclusive, and 21. [John A. Hart, Jr., 
Boston.] 

SECOND SUFFOLK. — Boston, ward 3, precincts 7 and 8, ward 4, 
precincts 1 to 6, inclusive, 8 and 9, ward 5, precincts 1, 4 to 8, inclu- 
sive, and 11, wards 8, 9, 10, 1 1 and 12, ward 14, precincts 3, 6 to 11, 
inclusive, and ward 19, precincts 1 to 9, inclusive. [Dianne Wilkerson, 
Boston.] 



Senatorial Districts. 25 1 

FIRST SUFFOLK AND MIDDLESEX. — Boston, ward 1, precincts 1 to 
14, inclusive, ward 3, precincts 1 to 6, inclusive, and ward 5, precinct 
3, Revere, wards 1 to 5, inclusive, and Winthrop, in the county of 
Suffolk; and Cambridge, wards 1 and 2, ward 3, precincts 1 and 3, 
wards 4 and 5, and ward 8, precinct 3, in the county of Middlesex. 
[Robert E. Travaglini, Boston.] 

SECOND SUFFOLK AND MIDDLESEX. — Boston, ward 4, precincts 7 
and 10, ward 5, precincts 2, 9 and 10, ward 21, precincts 1 to 3, inclu- 
sive, and 5, and 8 to 16, inclusive, ward 22, precincts 3 and 4, and 6 to 
13, inclusive, in the county of Suffolk; Cambridge, ward 9, precincts 2 
and 3, ward 10, precincts 1 and 3, and ward 11, and Belmont and 
Watertown, in the county of Middlesex. [Steven A. Tolman, Boston.] 

SUFFOLK AND NORFOLK. — Boston, ward 18, precincts 7 to 20, 
inclusive, 22 and 23, ward 19, precincts 10 to 13, inclusive, and ward 
20, in the county of Suffolk; and Dedham, Norwood and Westwood, in 
the county of Norfolk. [Marian Walsh, Boston.] 

FIRST WORCESTER. — Worcester, wards 1 to 4, inclusive, 9 and 10, 
Berlin, Boylston, Clinton, precincts 3 and 4, Holden, Northborough, 
precincts 1 , 2 and 4, Paxton, Princeton and West Boylston. [Harriette 
L. Chandler, Worcester.] 

SECOND WORCESTER. — Worcester, wards 5 to 8, inclusive, Auburn, 
Grafton, Leicester, Millbury, Shrewsbury and Upton. [Guy William 
Glodis, Worcester.] 

WORCESTER, HAMPDEN, HAMPSHIRE AND FRANKLIN. — 
Ashburnham, Athol, Barre, Brookfield, Charlton, East Brookfield, 
Hardwick, Hubbardston, New Braintree, North Brookfield, Oakham, 
Petersham, Phillipston, Royalston, Rutland, Spencer, Sturbridge, 
Templeton, Warren, West Brookfield and Winchendon, in the county 
of Worcester, Brimfield, Holland, Monson, Palmer and Wales, in the 
county of Hampden; Ware, in the county of Hampshire; and Orange 
and Warwick, in the county of Franklin. [Stephen M. Brewer, Barre.] 

WORCESTER AND MIDDLESEX. — Fitchburg, Gardner, Leominster, 
Bolton, Clinton, precincts 1 and 2, Lancaster, Lunenburg, Sterling and 
Westminster, in the county of Worcester; and Ashby and Townsend, in 
the county of Middlesex. [Robert A. Antonioni, Leominster.] 

WORCESTER AND NORFOLK. — Blackstone, Douglas, Dudley, 
Hopedale, Mendon, Milford, Millville, Northbridge, Oxford, 
Southbridge, Sutton, Uxbridge and Webster, in the county of 
Worcester; and Bellingham, in the county of Norfolk. [Richard T. 
Moore, Uxbridge.] 



Representative Districts. 253 



REPRESENTATIVE DISTRICTS.* 

[As established under authority of Chapter 125 of the Acts of 2001 

and amended by Chapter 74 of the Acts of 2004. + 

See General Laws, Chapter 57, Section 4.] 

One To Be Elected From Each District. 



Average ratio for Representative: Population 39,682. 

BARNSTABLE, DUKES AND NANTUCKET COUNTIES 

Six Representatives. 

First Barnstable. — Consisting of the towns of Brewster and Dennis, 
and precincts 1, 2, 4 and 7, of the town of Yarmouth, all in the 
county of Barnstable. Cleon H. Turner (D), Dennis. 

Second Barnstable. — Consisting of Precincts 1, 2, 3, 4, 6, 8, 9 and 
13, of the town of Barnstable, and precincts 3, 5 and 6, of the town 
of Yarmouth, both in the county of Barnstable. Demetrius J. Atsalis 
(D), Barnstable. 

Third Barnstable. — Consisting of precincts 5 and 7, of the town of 
Barnstable, precincts 5 and 6, of the town of Bourne, precincts 3, 4, 
7, 8 and 9, of the town of Falmouth, and precincts 2, 4 and 5, of the 
town of Mashpee, all in the county of Barnstable. Matthew C. 
Patrick (D), Falmouth. 

Fourth Barnstable. — Consisting of the towns of Chatham, Eastham, 
Harwich, Orleans, Provincetown, Truro and Wellfleet, all in the 
county of Barnstable. Shirley Gomes (R), Harwich. 

Fifth Barnstable. — Consisting of precincts 10, 1 1 and 12, of the town 
of Barnstable, precinct 4, of the town of Bourne, precincts 1 and 3, 
of the town of Mashpee, and all precincts of the town of Sandwich, 
all in the county of Barnstable. Jeffrey Davis Perry (R), Sandwich. 

Barnstable, Dukes and Nantucket. — Consisting of precincts 1, 2, 5 
and 6, of the town of Falmouth, in the county of Barnstable; and the 
towns of Chilmark, Edgartown, Aquinnah, Gosnold, Oak Bluffs, 
Tisbury and West Tisbury, all in the county of Dukes County; and 
the town of Nantucket, in the county of Nantucket. Eric Turkington 
(D), Falmouth. 

BERKSHIRE 
Four Representatives. 

First Berkshire. — Consisting of the towns of Adams, Clarksburg, 
Florida, North Adams, Savoy and Williamstown, all in the county of 
Berkshire; and the towns of Charlemont, Hawley, Heath, Monroe 



* The Federal Census of 2000 was the basis of apportionment. 
+ Districts that were amended by Chapter 74 of the Acts of 2004. 



254 Representative Districts. 



and Rowe, all in the county of Franklin. Daniel E. Bosley (D), North 
Adams. 

Second Berkshire. — Consisting of the towns of Becket, Cheshire, 
Dalton, Hancock, Hinsdale, Lanesborough, New Ashford, Peru, 
Richmond, Washington and Windsor, and precinct B of ward 1, of 
the city of Pittsfield, all in the county of Berkshire; the towns 
of Ashfield, Bernardston, Buckland, Colrain, Leyden, Northfield and 
Shelburne, all in the county of Franklin; and the towns of Cumming- 
ton, Middlefield and Plainfield, all in the county of Hampshire. 
Denis E. Guyer (D), Dalton. 

Third Berkshire. — Consisting of precinct A of ward 1, all precincts of 
wards 2, 3, 4, precinct A of ward 5, and all precincts of wards 6 and 
7, of the city of Pittsfield, in the county of Berkshire. Peter J. Larkin^ 
(D), Pittsfield. Christopher N. Speranzo 2 (D), Pittsfield. 

Fourth Berkshire. — Consisting of the towns of Alford, Egremont, 
Great Barrington, Lee, Lenox, Monterey, Mount Washington, New 
Marlborough, Otis, precinct 5B of the city of Pittsfield, the towns of 
Sandisfield, Sheffield, Stockbridge, Tyringham and West Stock- 
bridge, all in the county of Berkshire; and the towns of Blandford, 
Chester and Tolland, all in the county of Hampden. William Smitty 
Pignatelli (D), Lenox. 

BRISTOL 

Fourteen Representatives. 

First Bristol. — Consisting of the town of Foxborough, in the county 
of Norfolk; and precincts 1 , 3 and 6, of the town of Mansfield, and 
precincts 3, 4 and 5, of the town of Norton, both in the county of 
Bristol. Michael J. Coppola^ (R), Foxborough. Virginia M. Coppola^ 
(R), Foxborough. 

Second Bristol. — Consisting of all precincts in wards 1 and 2, 
precinct A of ward 3, and all precincts of wards 4, 5 and 6, of the 
city of Attleboro, in the county of Bristol. John A. Lepper (R), 
Attleboro. 

Third Bristol. — Consisting of precinct B of ward 1, and all precincts 
of wards 2, 3, 5, 7 and 8, of the city of Taunton, in the county of 
Bristol. James H. Fagan (D), Taunton. 

Fourth Bristol. — Consisting of precinct 1, of the town of Norton, the 
towns of Rehoboth and Seekonk, and precincts 1, 3, 4 and 5, of 
the town of Swansea, all in the county of Bristol. Philip Travis (D), 
Rehoboth. 



1. Resigned Jan. 12,2005. 

2. Elected Apr. 12, 2005; qualified Apr. 25, 2005. 

3. Died Aug. 26, 2005. 

4. Elected Feb. 7, 2006; qualified Feb. 15, 2006. 



Representative Districts. 255 



Fifth Bristol. — Consisting of the towns of Dighton and Somerset, 
precinct 2, of the town of Swansea, precinct A of ward 1, precinct B 
of ward 4 and all precincts of ward 6, of the city of Taunton, all in 
the county of Bristol. Patricia A. Haddad (D), Somerset. 

Sixth Bristol. — Consisting of the town of Berkley, precinct C of 
ward 4, precincts A, C and D of ward 7, precincts B, C and D 
of ward 8, and precincts A, B and C of ward 9, of the city of Fall 
River, and precinct 1, of the town of Freetown, all in the county of 
Bristol. David B. Sullivan (D), Fall River. 

Seventh Bristol. — Consisting of precincts B, C and D of ward 1, 
precincts A, B and C of ward 2, precincts A, B and C of ward 3, 
precincts A and B of ward 4, and precinct A of ward 5, of the city of 
Fall River, in the county of Bristol. Robert Correia (D), Fall River. 

Eighth Bristol. — Consisting of precinct A of ward 1, precincts B and 
C of ward 5. precincts A, B and C of ward 6, precinct B of ward 7, 
and precinct A of ward 8, of the city of Fall River, and the town of 
Westport, both in the county of Bristol. Michael J. Rodrigues (D), 
Westport. 

Ninth Bristol. — Consisting of the town of Dartmouth, precinct 2, of 
the town of Freetown, and precincts F and G of ward 3, of the city of 
New Bedford, in the county of Bristol; and precinct 1 in the town of 
Lakeville, in the county of Plymouth. John F. Quinn (D), Dartmouth. 

Tenth Bristol. — Consisting of the town of Fairhaven, in the county of 
Bristol; and the towns of Marion, Mattapoisett and Rochester, and 
precincts 3 and 6, of the town of Middleborough, all in the county of 
Plymouth. William M. Straus (D), Mattapoisset. 

Eleventh Bristol. — Consisting of the town of Acushnet, precincts A, 
B, C, D and E of ward 1 and all precincts of ward 2, of the city of 
New Bedford, both in the county of Bristol. Robert M. Koczera (D), 
New Bedford. 

Twelfth Bristol. — Consisting of precinct 3, of the town of Freetown, 
precincts F and G of ward 1, precincts A, B, C, D and E of ward 3, 
and precincts D and E of ward 4, of the city of New Bedford, and 
precinct A of ward 4, of the city of Taunton, all in the county of 
Bristol; and precincts 2 and 3, of the town of Lakeville, and 
precincts 2 and 4, of the town of Middleborough, both in the county 
of Plymouth. Stephen R. Canessa (D), Lakeville. 

Thirteenth Bristol. — Consisting of precincts A, B, C, F and G of 
ward 4, all precincts of wards 5 and 6, of the city of New Bedford, in 
the county of Bristol. Antonio F. D. Cabral (D), New Bedford. 

Fourteenth Bristol. — Consisting of precinct B of ward 3, of the city 
of Attleboro, precincts 2 and 5, of the town of Mansfield, the town of 
North Attleborough, and precinct 2, of the town of Norton, all in the 
county of Bristol. Elizabeth A. Poirier (R), North Attleborough. 



256 Representative Districts. 



ESSEX 

Eighteen Representatives. 

First Essex. — Consisting of the towns of Amesbury and Salisbury, and 
the city of Newburyport, all in the county of Essex. Michael A. 
Costello (D), Newburyport. 

Second Essex. — Consisting of precinct 1, of the town of Georgetown, 
the town of Groveland, precinct 3 of ward 4, and precincts 1 and 3 of 
ward 7, of the city of Haverhill, and the towns of Merrimac, 
Newbury, Rowley and West Newbury, all in the county of Essex. 
Harriett L. Stanley (D), West Newbury. 

Third Essex. — Consisting of all precincts of ward 1, precinct 3 of 
ward 2, all precincts of ward 3, precincts 1 and 2 of ward 4, precincts 
1 and 3 of ward 5, and all precincts of ward 6, of the city of 
Haverhill, in the county of Essex. Brian S. Dempsey (D), Haverhill. 

Fourth Essex. — Consisting of precincts 1 and 3, of the town of 
Boxford, and the towns of Hamilton, Wenham, Ipswich, Manchester- 
by-the-Sea, and precinct 2, of the town of Middleton, all in the 
county of Essex. Bradford Hill (R), Ipswich. 

Fifth Essex. — Consisting of the towns of Essex and Rockport, and the 
city of Gloucester, all in the county of Essex. Anthony J. Verga (D), 
Gloucester. 

Sixth Essex. — Consisting of the city of Beverly, in the county of 
Essex. Mary E. Grant (D), Beverly. 

Seventh Essex. — Consisting of the city of Salem, in the county of 
Essex. John D. Keenan (D), Salem. 

Eighth Essex. — Consisting of precinct 4 of ward 3, and precinct 4 of 
ward 4, of the city of Lynn, and the towns of Marblehead and 
Swampscott, all in the county of Essex. Douglas W. Petersen (D), 
Marblehead. 

Ninth Essex. — Consisting of precincts 1 and 2 of ward 1, of the city of 
Lynn, precinct 2, of the town of Lynnfield, and precincts 1, 2, 4, 5, 
6, 7, 8 and 9, of the town of Saugus, all in the county of Essex; and 
precincts 1, 2 and 7, of the town of Wakefield, in the county of 
Middlesex. Mark V. Falzone (D), Saugus. 

Tenth Essex. — Consisting of precincts 3 and 4 of ward 1, all precincts 
of ward 2, precincts 1, 2 and 3 of ward 3, precincts 1, 2 and 3 of 
ward 4, and precinct 3 of ward 5, of the city of Lynn, all in the 
county of Essex. Robert F. Fennel! (D), Lynn. 

Eleventh Essex. — Consisting of precincts 1, 2 and 4 of ward 5, all 
precincts of wards 6 and 7, of the city of Lynn, and the town of 
Nahant, in the county of Essex. Steven M. Walsh (D), Lynn. 

Twelfth Essex. — Consisting of all precincts of wards 1, 2, 3, 4 and 5, 
of the city of Peabody, in the county of Essex. Joyce A. Spiliotis (D), 
Peabody. 



Representative Districts. 257 



Thirteenth Essex. — Consisting of the towns of Danvers and Topsfield, 
all precincts of ward 6, of the city of Peabody, all in the county of 
Essex. Theodore C. Speliotis (D), Danvers. 

Fourteenth Essex. — Consisting of precincts 1 and 3 of ward A, 
precincts 2 and 3 of ward E, and precincts 1 , 2 and 4 of ward F, of 
the city of Lawrence, and precincts 1, 2, 3, 4, 5 and 6 of the town of 
North Andover, both in the county of Essex. David M. Torrisi (D), 
North Andover. 

Fifteenth Essex. — Consisting of precincts 1, 2, 3, 4, 5, 6, 8, 9, 10, 11 
and 12 of the town of Methuen, in the county of Essex. Arthur J. 
Broadhurst (D), Methuen. 

Sixteenth Essex. — Consisting of precincts 2 and 4 of ward A, all 
precincts of wards B and C, and precincts 3 and 4 of ward D, and 
precinct 3 of ward F, of the city of Lawrence, in the county of Essex. 
William Lantigua (D), Lawrence. 

Seventeenth Essex. — Consisting of precincts 2, 3, 4, 5, 6 and 9, of the 
town of Andover, precincts 1 and 2 of ward D, and precincts 1 and 4 
of ward E, of the city of Lawrence, both in the county of Essex; and 
precincts 3 and 3A, of the town of Tewksbury, in the county of 
Middlesex. Barry R. Finegold (D), Andover. 

Eighteenth Essex. — Consisting of precincts 1, 7 and 8, of the town of 
Andover, precinct 2, of the town of Boxford, precinct 2, of the town 
of Georgetown, precincts 1 and 2 of ward 2, precinct 2 of ward 5, 
and precinct 2 of ward 7, of the city of Haverhill, precinct 7, of the 
town of Methuen, and precincts 7 and 8, of the town of North 
Andover, all in the county of Essex. Barbara A. L 'Italien (D), 
Andover. 

FRANKLIN 

Two Representatives. 

First Franklin. — Consisting of the towns of Conway, Deerfield, 
Leverett, Montague, New Salem, Shutesbury, Sunderland, Wendell 
and Whately, all in the county of Franklin; and precincts A and D, of 
the town of Belchertown, and the towns of Chesterfield, Goshen, 
Huntington, Pelham, Williamsburg and Worthington, all in the 
county of Hampshire. Stephen Kulik (D), Worthington. 

Second Franklin. — Consisting of the towns of Erving, Gill, 
Greenfield, Orange and Warwick, all in the county of Franklin; and 
the town of Athol, in the county of Worcester. Christopher J. 
Donelan (D), Orange. 



258 Representative Districts. 



HAMPDEN 

Twelve Representatives. 

First Hampden. — Consisting of the towns of Brimfield, Holland, 
Palmer and Wales, all in the county of Hampden; precincts B and C, 
in the town of Ware, in the county of Hampshire; and the towns of 
Sturbridge and Warren, both in the county of Worcester. Todd M. 
Smola (R), Palmer. 

Second Hampden. — Consisting of precincts 3 and 4, of the town of 
East Longmeadow, the towns of Hampden, Longmeadow and 
Monson, and precincts B and C of ward 6, of the city of Springfield, 
all in the county of Hampden. Mary S. Rogeness (R), Longmeadow. 

Third Hampden. — Consisting of the towns of Agawam, Granville, 
Russell and Southwick, all in the county of Hampden. Daniel F. 
Keenarr (D), Southwick. 

Fourth Hampden. — Consisting of the city of Westfield, in the county 
of Hampden. Donald F. Humason, Jr. (R), Westfield. 

Fifth Hampden. — Consisting of the city of Holyoke, in the county of 
Hampden. Michael F. Kane (D), Holyoke. 

Sixth Hampden. — Consisting of precinct B of ward 2, precincts A, B 
and C of ward 4 and precinct B of ward 5, of the city of Chicopee, 
precinct E of ward 2 of the city of Springfield, and the town of West 
Springfield, all in the county of Hampden. James T. Welch (D), West 
Springfield. 

Seventh Hampden. — Consisting of precinct B of ward 6, of the city of 
Chicopee, the town of Ludlow, precincts E, F and G of ward 8, of 
the city of Springfield, all in the county of Hampden; and precincts 
B and C, of the town of Belchertown, in the county of Hampshire. 
Thomas M. Petrolati (D), Ludlow. 

Eighth Hampden. — Consisting of precincts A and B of ward 1 , pre- 
cincts A, C and D of ward 2, precincts A, B and C of ward 3, 
precinct A of ward 6, precincts A and B of ward 7, precincts A and B 
of ward 8, and precincts A and B of ward 9, of the city of Chicopee, 
in the county of Hampden. Joseph F. Wagner (D), Chicopee. 

Ninth Hampden. — Consisting of precincts A, B, C, D, F, G and H of 
ward 2, precincts C, D, G and H of ward 5, precinct H of ward 7, and 
precincts A, B, D and H of ward 8, of the city of Springfield, and 
precinct A of ward 5 of the city of Chicopee, both in the county of 
Hampden. Sean Curran (D), Springfield. 

Tenth Hampden. — Consisting of all precincts of ward 1, precincts B, 
C, F, G and H of ward 3, and precincts A, E and G of ward 6, of the 
city of Springfield, in the county of Hampden. Cheryl A. Coakley- 
Rivera (D), Springfield. 



1. Resigned Feb. 13,2006. 



Representative Districts. 259 



Eleventh Hampden. — Consisting of precincts A, D and E of ward 3, 
all precincts of ward 4, precincts A, B, E and F of ward 5, precinct A 
of ward 7, and precinct C of ward 8, of the city of Springfield, in the 
county of Hampden. Benjamin Swan (D), Springfield. 

Twelfth Hampden. — Consisting of precincts 1 and 2, of the town of 
East Longmeadow, precincts D, F and H of ward 6, precincts B, C, 
D, E, F and G-of ward 7, of the city of Springfield, and the town of 
Wilbraham, all in the county of Hampden. Gale D. Candaras (D), 
Wilbraham. 

HAMPSHIRE 

Three Representatives. 

First Hampshire. — Consisting of the town of Montgomery, in the 
county of Hampden; and the towns of Hatfield, Southampton and 
Westhampton, and the city of Northampton, all in the county of 
Hampshire. Peter V. Kocot (D). Northampton. 

Second Hampshire. — Consisting of the towns of Easthampton, Hadley 
and South Hadley, all in the county of Hampshire. John W. Scibak 
(D), South Hadley. 

Third Hampshire. — Consisting of the towns of Amherst and Granby, 
both in the county of Hampshire. Ellen Story (D), Amherst. 

MIDDLESEX 

Thirty-Seven Representatives. 

First Middlesex. — Consisting of the towns of Ayer, Dunstable, 
Groton, Pepperell and Townsend, all in the county of Middlesex. 
Robert S. Hargraves (R), Groton. 

Second Middlesex. — Consisting of precincts 3, 5 and 7, of the town of 
Chelmsford and the towns of Littleton and Westford, both in the 
county of Middlesex. Geoffrey D. Hall (D), Westford. 

Third Middlesex. — Consisting of the towns of Hudson, Maynard and 
Stow, all in the county of Middlesex; and the town of Bolton, in the 
county of Worcester. Patricia A. Walrath (D), Stow. 

Fourth Middlesex. — Consisting of the city of Marlborough, in the 
county of Middlesex; and precinct 1, of the town of Southborough, 
and the town of Berlin, both in the county of Worcester. Stephen P. 
LeDuc (D), Marlborough. 

Fifth Middlesex. — Consisting of precincts 1, 2, 3, 4, 5, 6, 7, 8 and 9, 
of the town of Natick, and the town of Sherbora, both in the county 
of Middlesex; and precincts 2 and 3, of the town of Millis, in the 
county of Norfolk. David Paul Linsky (D), Natick. 

Sixth Middlesex. — Consisting of precincts 1, 2, 3, 4, 5, 6, 7, 9, 13, 14 
and 17, of the town of Framingham, in the county of Middlesex. 
Deborah D. Blumer (D), Framingham. 



260 Representative Districts. 



Seventh Middlesex. — Consisting of the town of Ashland, and 
precincts 8, 10, 11, 12, 15, 16 and 18, of the town of Framingham, 
both in the county of Middlesex. Tom Sannicandro (D), Ashland. 

Eighth Middlesex. — Consisting of the towns of Holliston and 
Hopkinton, both in the county of Middlesex; precinct 1 of the town 
of Medway, in the county of Norfolk; and precincts 2 and 3, of the 
town of Southborough, and precinct 2, of the town of both in the 
county of Worcester. Paul J. P. Loscocco (R), Holliston. 

Ninth Middlesex. — Consisting of precincts 2, 3 and 4, of the town of 
Lexington, and all precincts of wards 1, 2, 3 and 4, and precinct 1 of 
ward 7, of the city of Waltham, both in the county of Middlesex. 
Thomas M. Stanley (D), Waltham. 

Tenth Middlesex. — Consisting of precincts 1 and 4 of ward 1, and 
precinct 4 of ward 3, of the city of Newton, all precincts of wards 5 
and 6, precinct 2 of ward 7, and all precincts of wards 8 and 9, of the 
city of Waltham, and precinct 10, of the town of Watertown, all in 
the county of Middlesex. Peter J. Koutoujian (D), Waltham. 

Eleventh Middlesex. — Consisting of precincts 2 and 3 of ward 1, 
precincts 1, 2 and 3 of ward 2, precincts 1, 2 and 3 of ward 3, all 
precincts of ward 4, precinct 4 of ward 5, and precinct 2 of ward 7, 
of the city of Newton, in the county of Middlesex. Kay Khan (D). 
Newton. 

Twelfth Middlesex. — Consisting of precincts 1, 2 and 3 of ward 5, all 
precincts of ward 6, precincts 1, 3 and 4 of ward 7, and all precincts 
of ward 8, of the city of Newton, in the county of Middlesex. Ruth B. 
Balser (D), Newton. 

Thirteenth Middlesex. — Consisting of the towns of Lincoln, Sudbury 
and Wayland, all in the county of Middlesex. Susan W. Pope (R), 
Wayland. 

Fourteenth Middlesex. — Consisting of precincts 1, 2 and 6, of the 
town of Acton, the towns of Carlisle and Concord, and precincts 1 
and 9, of the town of Chelmsford, all in the county of Middlesex. 
Cory Atkins (D), Concord. 

Fifteenth Middlesex. — Consisting of precincts 14, 17, 20 and 21, of 
the town of Arlington, precincts 1, 5, 6, 7, 8 and 9, of the town of 
Lexington, and all precincts of wards 1 and 7, of the city of Woburn, 
all in the county of Middlesex. Jay R. Kaufman (D), Lexington. 

Sixteenth Middlesex. — Consisting of precincts 2, 6 and 8, of the town 
of Chelmsford, precincts 1, 2 and 3 of ward 5, and all precincts of 
wards 6 and 9, of the city of Lowell, both in the county of Middlesex. 
Thomas A. Golden, Jr. (D), Lowell. 

Seventeenth Middlesex. — Consisting of precinct 4, of the town of 
Chelmsford, and all precincts of ward 1, precinct 3 of ward 2, 
precincts 2 and 3 of ward 4, and all precincts of wards 10 and 11, of 



Representative Districts. 261 



the city of Lowell, both in the county of Middlesex. David M. 
Nangle (D), Lowell. 

Eighteenth Middlesex. — Consisting of precincts 1 and 2 of ward 2, all 
precincts of ward 3, precinct 1 of ward 4, all precincts of wards 7 
and 8, of the city of Lowell, in the county of Middlesex. Kevin J. 
Murphy (D), Lowell. 

Nineteenth Middlesex. — Consisting of precincts 1, 1A, 2, 2 A, 4 and 
4A, of the town of Tewksbury, and precincts 1, 2, 4, 5 and 6, of the 
town of Wilmington, both in the county of Middlesex. James R. 
Miceli (D), Wilmington. 

Twentieth Middlesex. — Consisting of precincts 1, 3 and 4, of the 
town of Lynnfield, and precinct 1 , of the town of Middleton, both in 
the county of Essex; and the town of North Reading, and precincts 1, 
4, 6, 7 and 8, of the town of Reading, both in the county of 
Middlesex. Bradley H. Jones, Jr. (R), North Reading. 

Twenty-first Middlesex. — Consisting of the towns of Bedford and 
Burlington, and precinct 3, of the town of Wilmington, all in the 
county of Middlesex. Charles A. Murphy (D), Burlington. 

Twenty-second Middlesex. — Consisting of the town of Billerica. in 
the county of Middlesex. William G. Greene. Jr. (D), Billerica. 

Twenty-third Middlesex. — Consisting of precincts 1, 3, 5, 6, 7, 8, 9, 
10, 11, 12, 13,15, 16, 18 and 19, of the town of Arlington, precinct 2 
of ward 3, and precincts 1 and 2 of ward 6, of the city of Medford, 
both in the county of Middlesex. J. James Marzilli. Jr. (D), Arlington. 

Twenty-fourth Middlesex. — Consisting of precincts 2 and 4, of the 
town of Arlington, the town of Belmont, precinct 3 of ward 10, and 
precincts 1, 2 and 3 of ward 11, of the city of Cambridge, all in the 
county of Middlesex. Anne M. Paulson (D). Belmont. 

Twenty-fifth Middlesex. — Consisting of all precincts of ward 4, 
precincts 2 and 3 of ward 6, all precincts of wards 7 and 8, and 
precincts 1 and 2 of ward 10, of the city of Cambridge, in the county 
of Middlesex. Alice K. Wolf{D), Cambridge. 

Twenty-sixth Middlesex. — Consisting of all precincts of ward 1, 
precinct 1 of ward 2, precincts 1 and 2 of ward 3, and precinct 1 of 
ward 6, of the city of Cambridge, and all precincts of ward 1 and 
precincts 1 and 2 of ward 2, of the city of Somerville, both in the 
county of Middlesex. Timothy J. Toomey. Jr. (D), Cambridge. 

Twenty-seventh Middlesex. — Consisting of precinct 3 of ward 2, 
all precincts of ward 3, precinct 3 of ward 4, and all precincts of 
wards 5 and 6, of the city of Somerville, in the county of Middlesex. 
Patricia D. Jehlen^ (D), Somerville. Denise Provosr (D), Somerville. 



1. Elected to Senate Sept. 27, 2005; qualified Oct. 12, 2005. 

2. Elected Feb. 7, 2006; qualified Feb. 15, 2006. 



262 Representative Districts. 



Twenty-eighth Middlesex. — Consisting of the city of Everett, and 
precinct 2 of ward 7, of the city of Maiden, both in the county of 
Middlesex. Edward G. Connolly (D), Everett. 

Twenty-ninth Middlesex. — Consisting of all precincts of ward 9, of 
the city of Cambridge, and precincts 1, 2, 3, 4, 5, 6, 7, 8, 9, 11 and 
12, of the town of Watertown, both in the county of Middlesex. 
Rachel Kaprielian (D), Watertown. 

Thirtieth Middlesex. — Consisting of precincts 2, 3 and 5, of the town 
of Reading, precinct 3, of the town of Stoneham, and all precincts of 
wards 2, 3, 4, 5 and 6, of the city of Woburn, all in the county of 
Middlesex. Patrick M. Natale (D), Woburn. 

Thirty-first Middlesex. — Consisting of precincts 1, 2, 4, 5, 6 and 7, 
of the town of Stoneham, and the town of Winchester, both in the 
county of Middlesex. Paul C. Casey (D), Winchester. 

Thirty-second Middlesex. — Consisting of the city of Melrose, and 
precincts 3, 4, 5 and 6, of the town of Wakfield, both in the county 
of Middlesex. Michael E. Festa (D), Melrose. 

Thirty-third Middlesex. — Consisting of all precincts of ward 2, pre- 
cinct 1 of ward 3, all precincts of wards 4, 5, 6 and 8, of the city of 
Maiden, in the county of Middlesex. Christopher G. Fallon (D), 
Maiden. 

Thirty-fourth Middlesex. — Consisting of all precincts in wards 4 
and 5, precinct 1 of ward 7, and precinct 2 of ward 8, of the city of 
Medford, precincts 1 and 2 of ward 4, and all precincts of ward 7, of 
the city of Somerville, both in the county of Middlesex. Carl M. 
Sciortino, Jr. (D), Somerville. 

Thirty-fifth Middlesex. — Consisting of all precincts of ward 1, 
precinct 2 of ward 3, precinct I of ward 7, of the city of Maiden, and 
all precincts of wards 1 and 2, precinct 1 of ward 3, precinct 2 of 
ward 7, and precinct 1 of ward 8, of the city of Medford, both in the 
county of Middlesex. Paid J. Donato (D), Medford. 

Thirty-sixth Middlesex. — Consisting of the towns of Dracut and 
Tyngsborough, both in the county of Middlesex. Colleen M. Garry 
(D), Dracut. 

Thirty-seventh Middlesex. — Consisting of precincts 3, 4 and 5, of the 
town of Acton, the towns of Boxborough and Shirley, all in 
the county of Middlesex; and the town of Harvard, precinct 1 of the 
town of Lancaster and the town of Lunenburg, all in the county of 
Worcester. James B. Eldridge (D), Acton. 

NORFOLK 

Fifteen Representatives. 

First Norfolk. — Consisting of precincts 3 and 4 of ward 3, precincts 1 
and 3 of ward 4, precincts 2 and 5 of ward 5, and all precincts of 



Representative Districts. 263 



ward 6, of the city of Quincy, and precincts 5 and 6 of the town 

of Randolph, both in the county of Norfolk. Bruce J. Avers (D), 

Quincy. 
Second Norfolk. — Consisting of all precincts in ward 1, precincts 1, 2 

and 5 of ward 3, precincts 2 and 4 of ward 4 and precincts 1, 3 and 4 

of ward 5, of the city of Quincy, in the county of Norfolk. A. Stephen 

Tobin (D), Quincy. 
Third Norfolk. — Consisting of precincts 2, 3 and 4, of the town of 

Holbrook, all precincts of ward 2, and precinct 5 of ward 4, 

of the city of Quincy, precincts 5, 6, 9, 12 and 16, of the town of 

Weymouth, all in the county of Norfolk. Ronald Mariano (D), 

Quincy. 
Fourth Norfolk. — Consisting of precincts 1, 2, 3, 4, 7, 8, 10, 1 1. 13, 

14, 15, 17 and 18, of the town of Weymouth, in the county of 

Norfolk. James M. Murphy (D), Weymouth. 
Fifth Norfolk. — Consisting of the town of Braintree, precinct 1, of 

the town of Holbrook, precinct 3, of the town of Randolph, all in the 

county of Norfolk. Joseph R. Driscoll (D), Braintree. 
Sixth Norfolk. — Consisting of the towns of Avon and Canton, and 

precincts 1, 5, 7 and 8, of the town of Stoughton, all in the county of 

Norfolk. William C. Galvin (D), Canton. 
Seventh Norfolk. — Consisting of precincts 2, 4, 5, 6, 7, 8, 9 and 10, 

of the town of Milton, and precincts 1, 2, 4, 7 and 8, of the town of 

Randolph, both in the county of Norfolk. Walter F. Timilty (D), 

Milton. 
Eighth Norfolk. — Consisting of precinct 4, of the town of Mansfield, 

in the county of Bristol; and the town of Sharon, precincts 2, 3, 4 and 

6, of the town of Stoughton, and precincts 3 and 4, of the town of 

Walpole, all in the county of Norfolk. Louis L. Kajka (D), Stoughton. 
Ninth Norfolk. — Consisting of precincts 3 and 4, of the town of 

Medfield, precinct 1, of the town of Millis, the towns of Norfolk and 

Plainville, precinct 5, of the town of Walpole, and the town of Wren- 

tham, all in the county of Norfolk. Richard J. Ross (R), Wrentham. 
Tenth Norfolk. — Consisting of the town of Franklin, and precincts 2, 

3 and 4, of the town of Medway, both in the county of Norfolk. 

James E. Vallee (D), Franklin. 
Eleventh Norfolk. — Consisting of the town of Dedham, precinct 8, of 

the town of Walpole, and the town of Westwood, all in the county 

of Norfolk. Robert K. Coughlin (D), Dedham. 
Twelfth Norfolk. — Consisting of the town of Norwood, precincts 1, 

2. 6 and 7, of the town of Walpole, both in the county of Norfolk. 

John H. Rogers (D), Norwood. 
Thirteenth Norfolk. — Consisting of the town of Dover, precincts 1 

and 2, of the town of Medfield, and the town of Needham, all in the 

county of Norfolk. Lida E. Harkins (D), Needham. 



264 Representative Districts. 



Fourteenth Norfolk. — Consisting of precinct 10, of the town of 

Natick, and the town of Weston, both in the county of Middlesex; 

and the town of Wellesley, in the county of Norfolk. Alice Hanlon 

Peisch (D), Wellesley. 
Fifteenth Norfolk. — Consisting of precincts 2, 3, 4, 6, 7, 8, 9, 10, 

11,12 and 13 of the town of Brookline, in the county of Norfolk. 

Frank I. Smizik (D), Brookline. 

PLYMOUTH 

Twelve Representatives. 

First Plymouth. — Consisting of precincts 2, 3, 4, 5, 6, 7, 8, 9, 10, 12 

and 14, of the town of Plymouth, in the county of Plymouth. Viriato 

Manuel deMacedo (R), Plymouth. 
Second Plymouth. — Consisting of precincts 1, 2 and 3, of the town of 

Bourne, in the county of Barnstable; and the towns of Carver and 

Wareham, both in the county of Plymouth. Susan Williams Gifford 

(R), Wareham. 
Third Plymouth. — Consisting of the town of Cohasset, in the county 

of Norfolk; and the towns of Hingham and Hull, and precinct 3, of 

the town of Scituate, all in the county of Plymouth. Garrett J. 

Bradley (D), Hingham. 
Fourth Plymouth. — Consisting of the town of Marshfield, and 

precincts 1, 2, 4, 5 and 6, of the town of Scituate, both in the county 

of Plymouth. Frank M. Hynes (D), Marshfield. 
Fifth Plymouth. — Consisting of the towns of Hanover, Norwell and 

Rockland, all in the county of Plymouth. Robert J. Nyman (D), 

Hanover. 
Sixth Plymouth. — Consisting of precincts 2, 3, 4 and 5, of the town of 

Duxbury, precinct 2 of the town of Halifax, and the towns of Hanson 

and Pembroke, all in the county of Plymouth. Daniel K Webster (R), 

Hanson. 
Seventh Plymouth. — Consisting of the towns of Abington, East 

Bridgewater and Whitman, all in the county of Plymouth. Kathleen M. 

Teahan (D), Whitman. 
Eighth Plymouth. — Consisting of precinct 6, of the town of Easton, 

and the town of Raynham, both in the county of Bristol; and the 

town of Bridgewater, in the county of Plymouth. David L. Flynn (D), 

Bridgewater. 
Ninth Plymouth. — Consisting of precincts B and D of ward 1, 

precincts B, C and D of ward 2, all precincts of ward 3, precincts A 

and D of ward 4 and precinct A of ward 5, of the city of Brockton, in 

the county of Plymouth. Thomas P. Kennedy (D), Brockton. 
Tenth Plymouth. — Consisting of precinct 3, of the town of Easton, in 

the county of Bristol; and precincts B and C of ward 4, precincts B, 



Representative Districts. 265 



C and D of ward 5 and all precincts of ward 6, of the city of 
Brockton, and the town of West Bridgewater, both in the county 
of Plymouth. Christine E. Canavan (D), Brockton. 

Eleventh Plymouth. — Consisting of precincts 1, 2, 4 and 5, of the 
town of Easton, in the county of Bristol; and precincts A and C of 
ward 1, precinct A of ward 2, and all precincts of ward 7, of the city 
of Brockton, in the county of Plymouth. Geraldine Creedon (D), 
Brockton. 

Twelfth Plymouth. — Consisting of precincts 1 and 6, of the town of 
Duxbury, precinct 1 , of the town of Halifax, the town of Kingston, 
precincts 1 and 5, of the town of Middleborough, precincts 1, 11 and 
13, of the town of Plymouth, and the town of Plympton, all in the 
county of Plymouth. Thomas J. O 'Brien (D), Kingston. 

SUFFOLK 

Nineteen Representatives. 

First Suffolk. — Consisting of precincts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 
12, 13 and 14 of ward 1, of the city of Boston, in the county of 
Suffolk. Anthony Petruccelli (D), Boston. 

Second Suffolk. — Consisting of all precincts of ward 2, of the city 
of Boston, and all precincts of wards 1 and 2, precincts 1 and 3 of 
ward 3, and precincts 1 and 4 of ward 4, of the city of Chelsea, both 
in the county of Suffolk. Eugene L. O 'Flaherty (D), Chelsea. 

Third Suffolk. — Consisting of precincts 1, 2, 3, 4, 6, 7 and 8 of 
ward 3, precinct 1 of ward 4, precinct 1 of ward 5, and precincts 1, 2 
and 3 of ward 8, of the city of Boston, in the county of Suffolk. 
Salvatore F. DiMasi (D), Boston. 

Fourth Suffolk. — Consisting of precinct 15 of ward 1, all precincts of 
ward 6, precincts 1, 2, 3, 4, 5, 6, 7, 8 and 9 of ward 7, precinct 6 of 
ward 8, and precinct 3 of ward 13, of the city of Boston, in the 
county of Suffolk. Brian P. Wallace (D), Boston. 

Fifth Suffolk. — Consisting of precinct 10 of ward 7, precincts 5 and 7 
of ward 8, precinct 6 of ward 12, precincts 1, 2, 4. 5 and 6 of 
ward 13, precincts 1, 2, 3, 4, 5, 7, 8 and 9 of ward 15, precinct 1 of 
ward 16, and precinct 2 of ward 17, of the city of Boston, in the 
county of Suffolk. Marie P. St. Fleur (D), Boston. 

Sixth Suffolk. — Consisting of precincts 5, 8, 9, 10, 11, 12, 13 and 14 
of ward 14, precincts 7, 8, 10 and 11 of ward 17, precincts 7, 8 and 
15 of ward 18, and precincts 11,12 and 13 of ward 19, of the city of 
Boston, in the county of Suffolk. Shirley Owens-Hicks (D), Boston. 

Seventh Suffolk. — Consisting of precincts 8, 9 and 10 of ward 4, 
precinct 4 of ward 8, precincts 4 and 5 of ward 9, precinct 4 of ward 
10, precinct 1 of ward 11, precincts 1, 2, 3, 4, 5; 8 and 9 of ward 12, 
and precinct 1 of ward 2 1 . of the city of Boston, in the county of 
Suffolk. Gloria L. Fox (D), Boston. 



266 Representative Districts. 



Eighth Suffolk. — Consisting of precinct 3 of ward 2, precinct 3 of 
ward 3, and all precincts of ward 5, of the city of Cambridge, in the 
county of Middlesex; and precinct 5 of ward 3, and precincts 3, 4, 5, 
6, 7, 8, 9 and 1 1 of ward 5, of the city of Boston, in the county of 
Suffolk. Martha M. Walz (D), Boston. 

Ninth Suffolk. — Consisting of precinct 2 of ward 2, of the city of 
Cambridge, in the county of Middlesex; and precincts 2, 3, 4, 5, 6 
and 7 of ward 4, precincts 2 and 10 of ward 5, and precincts 1, 2 and 
3 of ward 9, of the city of Boston, in the county of Suffolk. Byron 
Rushing (D), Boston. 

Tenth Suffolk. — Consisting of precincts 14, 15 and 16, of the town of 
Brookline, in the county of Norfolk; and precincts 3, 5, 6, 7, 10, 11, 

12, 13, 14, 15, 16, 17, 18, 19 and 20 of ward 20, of the city of 
Boston, in the county of Suffolk. Michael F. Rush (D), Boston. 

Eleventh Suffolk. — Consisting of precincts 2, 3, 4, 5, 7, 8, 9 and 10 
of ward 11, precinct 7 of ward 12, precincts 1, 2, 3, 4, 6 and 7 of 
ward 14, and precincts 6 and 7 of ward 19, of the city of Boston, in 
the county of Suffolk. Elizabeth A. Malia (D), Boston. 

Twelfth Suffolk. — Consisting of precincts 1 and 3 of the town of 
Milton, in the county of Norfolk; and precincts 8, 11 and 12 of ward 
16, precincts 4, 12, 13 and 14 of ward 17, and precincts 1, 2, 4, 5, 6 
and 21 of ward 18, of the city of Boston, in the county of Suffolk. 
Thomas M. Finneran x (D), Boston. Linda Dorcena Forry- (D), Boston. 

Thirteenth Suffolk. — Consisting of precincts 7, 8, 9 and 10 of ward 

13, precinct 6 of ward 15, precincts 2, 3, 4, 5, 6, 7, 9 and 10 of ward 
16, and precincts 1, 3, 5, 6 and 9 of ward 17, of the city of Boston, in 
the county of Suffolk. Martin J. Walsh (D), Boston. 

Fourteenth Suffolk. — Consisting of precinct 11, of the town of 
Milton, in the county of Norfolk; and of precincts 9, 10, 11, 12, 13, 

14, 16, 17, 18, 19, 20 and 23 of ward 18, precinct 10 of ward 19, and 
precincts 8 and 9 of ward 20, of the city of Boston, in the county of 
Suffolk. Angelo M. Scaccia (D), Boston. 

Fifteenth Suffolk. — Consisting of precinct 5, of the town of Brook- 
line, in the county of Norfolk; and precincts 1, 2, 3, 5, 6, 7, 8 and 9 
of ward 10, precinct 6 of ward 1 1, precincts 1, 2, 3, 4, 5, 8 and 9 of 
ward 19, and precincts 1, 2 and 4 of ward 20, of the city of Boston, 
in the county of Suffolk. Jeffrey Sanchez (D), Boston. 

Sixteenth Suffolk. — Consisting of precincts 3 and 10, of the town of 
Saugus, in the county of Essex; and precincts 2 and 4 of ward 3, 
precincts 2 and 3 of ward 4, of the city of Chelsea, and precinct 3 of 
ward 1, precinct 1 of ward 3, precincts 1, 2 and 3 of ward 4, 
precincts 1 and 2 of ward 5, and precincts 1, 2 and 3 of ward 6, of 



1 . Declined to accept office. 

2. Elected Apr. 12, 2005; qualified Apr. 25, 2005. 



Representative Districts. 267 



the city of Revere, both in the county of Suffolk. Kathi-Anne 
Reinstein (D), Revere. 

Seventeenth Suffolk. — Consisting of precincts 3, 5, 6, 7, 8, 9, 10, 11 
and 12 of ward 21, and precincts 2, 3, 6, 9 and 10 of ward 22, of 
the city of Boston, in the county of Suffolk. Kevin G. Honan (D). 
Boston. 

Eighteenth Suffolk. — Consisting of precinct 1, of the town of 
Brookline, in the county of Norfolk; and precincts 2, 4, 13, 14, 15 
and 16 of ward 21, and precincts 1, 4, 5, 7, 8, 11, 12, and 13 of 
ward 22, of the city of Boston, in the county of Suffolk. Brian Paul 
Golden 1 (D), Boston. Michael J. Moran^ (D), Boston. 

Nineteenth Suffolk. — Consisting of precincts 1 and 2 of ward 1, all 
precincts of ward 2, precincts 2 and 3 of ward 3, and precinct 3 of 
ward 5, of the city of Revere, and the town of Winthrop, both in the 
county of Suffolk. Robert A. DeLeo (D). Winthrop. 

WORCESTER 

Eighteen Representatives. 

First Worcester. — Consisting of the towns of Holden, Hubbardston, 
Oakham, Princeton, Rutland, precinct 1 of the town of Sterling and 
the town of Westminster, all in the county of Worcester. Lewis G. 
Evangelidis (R), Holden. 

Second Worcester. — Consisting of the town of Ashby, in the county 
of Middlesex; and the city of Gardner, and the towns of Ashburn- 
ham, Royalston and Winchendon, all in the county of Worcester. 
Brian Knuuttila^ (D), Gardner. Robert L. Rice, Jr. 4 (D), Gardner. 

Third Worcester. — Consisting of the city of Fitchburg, in the county 
of Worcester. Emile J. Goguen (D), Fitchburg. 

Fourth Worcester. — Consisting of the town of Leominster, in the 
county of Worcester. Jennifer L. Flanagan (D), Leominster. 

Fifth Worcester. — Consisting of precinct A, of the town of Ware, in 
the county of Hampshire; and the, towns of Barre, Brookfield, Hard- 
wick, New Braintree, North Brookfield, Petersham, Phillipston and 
West Brookfield, precincts 2 and 3 of the town of Spencer, and the 
town of Templeton, all in the county of Worcester. Anne M. Gobi 
(D), Spencer. 

Sixth Worcester. — Consisting of the towns of Charlton, East 
Brookfield and precinct 2, of the town of Oxford, the town of 
Southbridge, and precincts 1 and 4, of the town of Spencer, all in the 
county of Worcester. Mark J. Carron (D), Southbridge. 



1 . Declined to accept office. 

2. Elected Apr. 12, 2005; qualified Apr. 25. 2005. 

3. Resigned Oct. 23, 2005. 

4. Elected Feb. 7, 2006; qualified Feb. 15, 2006. 



268 Representative Districts. 



Seventh, Worcester. — Consisting of the towns of Auburn and 
Millbury, precinct 3, of the town of Sutton, and precincts 1 and 3, of 
the town of Oxford, all in the county of Worcester. Paul K. Frost 
(R), Auburn. 

Eighth Worcester. — Consisting of the towns of Douglas and Dudley, 
precinct 4, of the town of Oxford, precinct 3, of the town of 
Uxbridge, and the town of Webster, all in the county of Worcester. 
Paul Kujawski (D), Webster. 

Ninth Worcester. — Consisting of the towns of Grafton, Northbridge 
and Upton, and precincts 3 and 5, of the town of Westborough, all in 
the county of Worcester. George N. Peterson, Jr. (R), Grafton. 

Tenth Worcester. — Consisting of the towns of Hopedale, Mendon 
and Milford, all in the county of Worcester. Marie J. Parente (D), 
Milford. 

Eleventh Worcester. — Consisting of the town of Shrewsbury, and 
precincts 1 and 4, of the town of Westborough, both in the county 
of Worcester. Karyn E. Polito (R), Shrewsbury. 

Twelfth Worcester. — Consisting of the towns of Boylston, Clinton, 
Northborough, and precinct 2 of the town of Sterling and precinct 2 
of the town of Lancaster, all in the county of Worcester. Harold P. 
Naughton, Jr. (D), Clinton. 

Thirteenth Worcester. — Consisting of the town of Paxton, precincts 
1, 2, 3 and 4 of ward 1, all precincts of ward 9, and precinct 3 of 
ward 10, of the city of Worcester, both in the county of Worcester. 
Robert P. Spellane (D), Worcester. 

Fourteenth Worcester. — Consisting of the town of West Boylston, 
and precinct 5 of ward 1, all precincts of ward 2, and precincts 1, 3 
and 5 of ward 3, of the city of Worcester, both in the county of 
Worcester. James B. Leary (D), Worcester. 

Fifteenth Worcester. — Consisting of precincts 2 and 4 of ward 3, all 
precincts of ward 4, precinct 3 of ward 5, and precincts 1, 2, 4 and 5 
of ward 10, of the city of Worcester, in the county of Worcester. 
Vincent A. Pedone (D), Worcester. 

Sixteenth Worcester. — Consisting of precincts 1, 2, 4 and 5, of 
ward 5, all precincts of ward 6, and precincts 1 and 5 of ward 8, 
of the city of Worcester, in the county of Worcester. John P. Fresolo 
(D), Worcester. 

Seventeenth Worcester. — Consisting of the town of Leicester, and 
all precincts in ward 7, and precincts 2, 3 and 4 of ward 8, of the city 
of Worcester, in the county of Worcester. John J. Binienda (D), 
Worcester. 

Eighteenth Worcester. — Consisting of the town of Bellingham, in the 
county of Norfolk; and precincts 1, 2 and 4, of the town of Uxbridge, 
precincts 1 and 2, of the town of Sutton, and the towns of Blackstone 
and Millville, all in the county of Worcester. Jennifer M. Callahan 
(D), Sutton. 



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ward 2, ward 3, precincts 1, 3, 5. 
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precincts 1, 2, 4, 5. 
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Valuation, 
Population 

AND 

Voters 



VALUATION OF THE COMMONWEALTH. 





AGGREGATE (BY COUNTIES). 










Tax of 


Counties 


Equalized Value 


$1000 


Barnstable. . . . 




64,695,052,700 


$ 79.28 


Berkshire 




12,496,513,000 


15.31 


Bristol 




46,888,488,200 


57.46 


Dukes County . 




14,111,339,800 


17.29 


Essex 




90,198,010,700 


110.53 


Franklin 




6,055,784,600 


7.42 


Hampden 




26,604,561,000 


32.60 


Hampshire 




10,803,221,500 


13.24 


Middlesex 




218,880,924,200 


268.23 


Nantucket .... 




13,575,803,900 


16.64 


Norfolk 




101,260,097,900 


124.09 


Plymouth 




59,208,983,200 


72.56 


Suffolk 




84,358,479.900 


103.38 


Worcester .... 




66,886,057,600 


81.97 


Totals 


816,023,318,200 


1000.00 



"Under the provisions of section 10C of Chapter 58 of the General Laws, 
the Commissioner of Revenue is required to submit final equalization 
and apportionment upon the several cities and towns of the amount of 
property and the proportion of every one thousand dollars of state or 
county tax which should be assessed upon each city and town. The pre- 
sent apportionment listed above constitutes a basis for apportionment 
for the year 2005 and serves for a two-year basis. The Commissioner 
submitted this report on January 31, 2005. [For a detailed summary of 
the valuation of the Commonwealth, see House, No. 2006 of 2003, 
the Biennial Report of the Commissioner of Revenue submitting an 
equalization and apportionment upon the cities and towns of the 
amount of property and the proportion of every one thousand dol- 
lars of state or countv tax which should be assessed ui 



or town.] 



ipon each city 



299 



300 



Population and Voters. 



POPULATION OF 
CITIES IN THE COMMONWEALTH, 

WITH THE DATES OF THEIR INCORPORATION. 



Name 



Incorpo- 
rated 
as City 



Popu- 
lation, 
2000 
(U.S. Census) 



Worcester . . . 
Springfield . . 

Lowell 

Cambridge . . 
Brockton. . . . 
New Bedford 
Fall River . . . 

Lynn 

Quincy 

Newton 

Somerville . . 
Lawrence . . . 

Waltham 

Haverhill 

Maiden 

Taunton 
Medford 
Chicopee. . . . 
Peabody 

Revere 

Pittsfield 

Attleboro . . . 
Leominster . . 

Salem 

Westfield . . . 

Beverly 

Holyoke 
Fitchburg . . . 

Everett 

Woburn 

Marlborough. 

Chelsea 

Gloucester . . 
Northampton. 

Melrose 

Gardner 

Newbury port. 
Easthampton . 
North Adams 



Feb. 23,1822 
Feb. 29,1848 
Apr. 12,1852 
Apr. 1,1836 
Mar. 17,1846 
Apr. 9,1881 
Mar. 9,1847 
Apr. 12, 1854 
Apr. 10,1850 
May 17, 1888 
Jun. 2,1873 
Apr. 14,1872 
Mar. 21,1853 
Jun. 3,1884 
Mar. 10,1869 
Mar. 31,1881 
May 11,1864 
May 31,1892 
Apr. 18,1890 
May 8,1916 
Jun. 19,1914 
Jun. 5,1889 
Jun. 17,1914 
May 13, 1915 
Mar. 23, 1836 
Apr. 9.1920 
Mar. 23,1894 
Apr. 7,1873 
Mar. 8,1872 
Jun. 11,1892 
May 18, 1888 
May 3,1890 
Mar. 13,1857 
Apr. 28,1873 
Jun. 23, 1883 
Mar. 18,1899 
Feb. 28,1923 
May 24,1851 
Aug. 19,1999 
Mar. 22,1895 



589,141 
172,648 
152,082 
105,167 
101,355 
94,304 
93,768 
91,938 
89,050 
88,025 
83,829 
77,478 
72,043 
59,226 
58,969 
56,340 
55,976 
55,765 
54,653 
48,129 
47,283 
45,793 
42,068 
41.303 
40,407 
40,072 
39,862 
39,838 
39,102 
38,037 
37,258 
36,255 
35,080 
30,273 
28,978 
27,134 
20,770 
17,189 
15,994 
14,681 



Population and Voters. 



301 



POPULATION AND VOTERS 

Counties, Cities and Towns in the Commonwealth, with the Census 
of Inhabitants in 2000 and 1990, and a List of Voters in 2002, 
the Figures being for the State Election, Revised and 
corrected by the secretary of the commonwealth. 



COUNTIES, CITIES 
AND TOWNS 



U.S. 
Census 
2000 



U.S. 

Census 

1990 



Barnstable 

Barnstable 

Bourne 

Brewster 

Chatham 

Dennis 

Eastham 

Falmouth 

Harwich 

Mashpee 

Orleans 

Provincetown 

Sandwich 

Truro 

Wellfleet 

Yarmouth 

Totals 

Berkshire 

Adams 

Alford 

Becket 

Cheshire 

Clarksburg 

Dalton 

Egremont 

Florida 

Great Barrington 

Hancock 

Hinsdale 

Lanesborough 

Lee 



47.821 

18,721 

10,094 

6,625 

15,973 

5,453 

32,660 

12,386 

12,946 

6,341 

3,431 

20,136 

2,087 

2,749 

24,807 



40,949 

16,064 
8,440 
6,579 

13,864 
4,462 

27,960 

10,275 
7,884 
5,838 
3,561 

15,489 
1,573 
2,493 

21,174 



222,230 



186,605 



8,809 


9,445 


399 


418 


1,755 


1,481 


3,401 


3,479 


1,686 


1,745 


6,892 


7,155 


1,345 


1,229 


676 


742 


7,527 


7,725 


721 


628 


1,872 


1,959 


2,990 


3,032 


5,985 


5,849 



302 



Population and Voters. 



COUNTIES, CITIES 
AND TOWNS 



U.S. 
Census 
2000 



U.S. 

Census 

1990 



Berkshire — Concluded 

Lenox 

Monterey 

Mount Washington 

New Ashford 

New Marlborough 

North Adams 

Otis 

Peru 

PlTTSFIELD 

Richmond 

Sandisfield 

Savoy 

Sheffield 

Stockbridge 

Tyringham 

Washington 

West Stockbridge 

Williamstown 

Windsor 

Totals 

Bristol 

Acushnet 

Attleboro 

Berkley 

Dartmouth 

Dighton 

Easton 

Fairhaven 

Fall River 

Freetown 

Mansfield 

New Bedford 

North Attleborough 

Norton 

Raynham 

Rehoboth 

Seekonk 

Somerset 

Swansea 

Taunton 

Westport 

Totals 



5,077 


5,069 


934 


805 


130 


135 


247 


192 


1,494 


1,240 


14,681 


16,797 


1,365 


1,073 


821 


779 


45,793 


48,622 


1,604 


1,677 


824 


667 


705 


634 


3,335 


2,910 


2,276 


2,408 


350 


369 


544 


615 


1,416 


1,483 


8,424 


8,220 


875 


770 



134,953 



139,352 



10,161 


9,554 


42,068 


38,383 


5,749 


4,237 


30,666 


27,244 


6,175 


5,631 


22,299 


19,807 


16,159 


16,132 


91,938 


92,703 


8,472 


8,522 


22,414 


16,568 


93,768 


99,922 


27,143 


25,038 


18,036 


14,265 


11,739 


9,867 


10,172 


8,656 


13,425 


13,046 


18,234 


17,655 


15,901 


15,411 


55,976 


49,832 


14,183 


13,852 



534,678 



506,325 



Population and Voters. 



303 




Dukes County 

Aquinnah 

Chilmark 

Edgartown 

Gosnold 

Oak Bluffs 

Tisbury 

West Tisbury 

Totals 

Essex 

Amesbury 

Andover 

Beverly 

Boxford 

Danvers 

Essex 

Georgetown 

Gloucester 

Groveland 

Hamilton 

Haverhill 

Ipswich 

Lawrence 

Lynn 

Lynnfield 

Manchester-by-the-Sea 

Marblehead 

Merrimac 

Methuen 

Middleton 

Nahant 

Newbury 

Newburyport 

North Andover 

Peabody 

Rockport 

Rowley 

Salem 

Salisbury 

Saugus 

Swampscott 

Topsfield 

Wenham 

West Newbury 

Totals 



344 


201 


352 


843 


650 


806 


3,779 


3,062 


2,808 


86 


98 


134 


3,713 


2,804 


3,187 


3,755 


3,120 


2,687 


2,467 


1,704 


1,927 



11,901 



16,450 


14,997 


9,716 


31,247 


29,151 


21,207 


39,862 


38,195 


24,047 


7,921 


6,266 


5,564 


25,212 


24,174 


16,519 


3,267 


3,260 


2,579 


7,377 


6,384 


4,845 


30,273 


28,716 


19,705 


6,038 


5,214 


4,178 


8,315 


7,280 


5,556 


58,969 


51,418 


32,951 


12,987 


11,873 


7,982 


72,043 


70,207 


32,392 


89,050 


81,245 


46,082 


11,542 


11,274 


8,106 


5,228 


5,286 


3,912 


20,377 


19,971 


13,927 


6,138 


5,166 


4,100 


43,789 


39,990 


28,678 


7,744 


4,921 


4,464 


3,632 


3,828 


2,496 


6,717 


5,623 


4,853 


17,189 


16,317 


12,583 


27,202 


22,792 


16,724 


48,129 


47,039 


31,599 


7,767 


7,482 


5,470 


5.500 


4,452 


3,839 


40,407 


38,091 


28,828 


7,827 


6,882 


4,942 


26,078 


25,549 


17,434 


14,412 


13,650 


9,891 


6,141 


3,754 


4,106 


4,440 


4,212 


2,608 


4,149 


3,421 


2,871 



723,419 



670,080 



304 



Population and Voters. 



COUNTIES, CITIES 
AND TOWNS 



Population 



U.S. 
Census 
2000 



U.S. 

Census 

1990 



Franklin 

Ashfield 

Bernardston 

Buckland 

Charlemont 

Colrain 

Conway 

Deerfield 

Erving 

Gill 

Greenfield 

Hawley 

Heath 

Leverett 

Leyden 

Monroe 

Montague 

New Salem 

Northfield 

Orange 

Rowe 

Shelburne 

Shutesbury 

Sunderland 

Warwick 

Wendell 

Whately 

Totals 

Hampden 

Agawam 

Blandford 

Brimfield 

Chester 

Chicopee 

East Longmeadow 

Granville 

Hampden 

Holland 

HOLYOKE 

Longmeadow 

Ludlow 

Monson 

Montgomery 

Palmer 

Russell 

Southwick 



1,800 


1,715 


2,155 


2,048 


1,991 


1,928 


1,358 


1,249 


1,813 


1,757 


1,809 


1,529 


4,750 


5,018 


1,467 


1,372 


1,363 


1,583 


18,168 


18,666 


336 


317 


805 


716 


1,663 


1,785 


772 


662 


93 


115 


8,489 


8,316 


929 


802 


2,951 


2,838 


7,518 


7,312 


351 


378 


2,058 


2,012 


1,810 


1,561 


3,777 


3,399 


750 


740 


986 


899 


1,573 


1,375 



28,144 


27,323 


1,214 


1,187 


3,339 


3,001 


1,308 


1,280 


54,653 


56,632 


14,100 


13,367 


1,521 


1,403 


5,171 


4,709 


2,407 


2,185 


39,838 


43,704 


15,633 


15,467 


21,209 


18,820 


8,359 


7,776 


654 


759 


12,497 


12,054 


1,657 


1,594 


8,835 


7,667 



Population and Voters. 



305 



COUNTIES, CITIES 
AND TOWNS 



U.S. 
Census 
2000 



U.S. 

Census 

1990 



Regis- 
tered 

Voters 
2002 



Hampden — Concluded 

Springfield 

Tolland 

Wales 

West Springfield 

Westfield 

Wilbraham 

Totals 

Hampshire 

Amherst 

Belchertown 

Chesterfield 

Cummington 

Easthampton 

Goshen 

Granby 

Hadley 

Hatfield 

Huntington 

Middlefield 

Northampton 

Pelham 

Plainfield 

South Hadley 

Southampton 

Ware 

Westhampton 

Williamsburg 

Worthington 

Totals 

Middlesex 

Acton 

Arlington 

Ashby 

Ashland 

Ayer 

Bedford 

Belmont 

Billerica 

Boxborough 

Burlington 



152,082 
426 
1,737 
27,899 
40,072 
13,473 



156,983 

289 

1,566 

27,537 
38,372 
12,635 



85,180 

277 

1,044 

16,509 

22,765 
9,282 



456,228 



456,310 



275,539 



34,874 

12,968 

1,201 

978 

15,994 

921 

6,132 

4,793 

3,249 

2,174 

542 

28,978 

1,403 

589 

17,196 

5,387 

9,707 

1,468 

2,427 

1,270 



35,228 

10,579 

1,048 

785 

15,537 

830 

5,565 

4,231 

3,184 

1,987 

392 

29,289 

1,373 

571 

16,685 

4,478 

9,808 

1,327 

2,515 

1,156 



17,842 
8,128 

749 

615 
10,527 

669 
4,015 
3,456 
2,448 
1,389 

366 
18,946 
1,003 

469 
10.478 
3,916 
6,327 
1,118 
1,775 

902 



152,251 



146,568 



95,138 



20,331 
42,389 

2,845 
14,674 

7,287 
12,595 
24,194 
38,981 

4,868 
22,876 



17,872 
44,630 

2,717 
12,066 

6,871 
12,996 
24,720 
37,609 

3,343 
23,302 



12,039 

27,923 

1,832 

9,792 

4,425 

8,548 

16,760 

21,838 

2,982 

15,501 



306 



Population and Voters. 



COUNTIES, CITIES 
AND TOWNS 



Population 



U.S. 
Census 
2000 



U.S. 

Census 

1990 



Middlesex — Concluded 

Cambridge 

Carlisle 

Chelmsford 

Concord 

Dracut 

Dunstable 

Everett 

Framingham 

Groton 

Holliston 

Hopkinton 

Hudson 

Lexington 

Lincoln 

Littleton 

Lowell 

Malden 

Marlborough 

Maynard 

Medford 

Melrose 

Natick 

Newton 

North Reading 

Pepperell 

Reading 

Sherborn 

Shirley 

Somerville 

Stoneham 

Stow 

Sudbury 

Tewksbury 

Townsend 

Tyngsborough 

Wakefield 

Waltham 

Watertown 

Wayland 

Westford 

Weston 

Wilmington 

Winchester 

Woburn 

Totals 



101,355 

4,717 

33,858 

16,993 

28,562 

2,829 

38,037 

66,910 

9,547 

13,801 

13,346 

18,113 

30,355 

8,056 

8,184 

105,167 

56,340 

36,255 

10,433 

55,765 

27,134 

32,170 

83,829 

13,837 

11,142 

23,708 

4,200 

6,373 

77,478 

22,219 

5,902 

16,841 

28,851 

9,198 

11,081 

24,804 

59,226 

32,986 

13,100 

20,754 

11,469 

21,363 

20,810 

37,258 



95,802 

4,333 

32,383 

17,076 

25,594 

2,236 

35,701 

64,989 

7,511 

12,926 

9,191 

17,233 

28,974 

7,666 

7,051 

103,439 

53,884 

31,813 

10,325 

57,407 

28,150 

30,510 

82,585 

12,002 

10,098 

22,539 

3,989 

6,118 

76,210 

22,203 

5,328 

14,358 

27,266 

8,496 

8,642 

24,825 

57,878 

32,284 

11,874 

16,392 

10,200 

17,651 

20,267 

35,943 



1,465,396 



1,398,468 



Population and Voters. 



307 



COUNTIES, CITIES 
AND TOWNS 



Population 



U.S. 
Census 
2000 



U.S. 

Census 

1990 



Nantucket 

Nantucket 

Totals 

Norfolk 

Avon 

Bellingham 

Braintree 

Brookline 

Canton 

Cohasset 

Dedham 

Dover 

Foxborough 

Franklin 

Holbrook 

Medfield 

Medway 

Millis 

Milton 

Needham 

Norfolk 

Norwood 

Plainville 

QurNCY 

Randolph 

Sharon 

Stoughton 

Walpole 

Wellesley 

Westwood 

Weymouth 

Wrentham 

Totals 

Plymouth 

Abington 

Bridgewater 

Brockton 

Carver 

Duxbury 

East Bridgewater 

Halifax 

Hanover 



9,520 



6,012 



9,520 



6,012 



4,443 
15,314 
33,828 
57,107 
20,775 

7,261 
23,464 

5,558 
16,246 
29,560 
10,785 
12,273 
12,448 

7,902 
26,062 
28,911 
10,460 
28,587 

7,683 
88,025 
30,963 
17,408 
27,149 
22,824 
26,613 
14,117 
53,988 
10,554 



4,558 
14,877 
33,836 
54,718 
18,530 

7,075 
23,782 

4,915 
14,637 
22,095 
11,041 
10,531 

9,931 

7,613 
25.725 
27,557 

9,270 
28,700 

6,871 
84,985 
30,093 
15,517 
26,777 
20,212 
26,615 
12,557 
54,063 

9,006 



650,308 



616,087 



14,605 


13,817 


25,185 


21,249 


94,304 


92,788 


11,163 


10,590 


14,248 


13,895 


12,974 


11,104 


7,500 


6,526 


13,164 


11,912 



308 



Population and Voters. 



COUNTIES, CITIES 
AND TOWNS 



U.S. 
Census 
2000 



U.S. 

Census 

1990 



Plymouth — Concluded 

Hanson 

Hingham 

Hull 

Kingston 

Lakeville 

Marion 

Marshfield 

Mattapoisett , 

Middleborough 

Norwell 

Pembroke 

Plymouth 

Plympton 

Rochester 

Rockland 

Scituate 

Wareham 

West Bridgewater 

Whitman 

Totals 

Suffolk 

Boston 

Chelsea 

Revere 

Winthrop 

Totals 

Worcester 

Ashburnham , 

Athol 

Auburn 

Barre 

Berlin 

Blackstone 

Bolton 

Boylston 

Brookfield 

Charlton 

Clinton 

Douglas 

Dudley 

East Brookfield 



9,495 


9,028 


19,882 


19,821 


11,050 


10,466 


11,780 


9,045 


9,821 


7,785 


5,123 


4,496 


24,324 


21,531 


6,268 


5,850 


19,941 


17,867 


9,765 


9,279 


16,927 


14,544 


51,701 


45,608 


2,637 


2,384 


4,581 


3,921 


17,670 


16,123 


17,863 


16,786 


20,335 


19,232 


6,634 


6,389 


13,882 


13,240 



589,141 
35,080 
47,283 
18,303 



574,283 
28,710 
42,786 
18,127 



689,807 



663,906 



5,546 


5,433 


11,299 


11,451 


15,901 


15,005 


5,113 


4,546 


2,380 


2,293 


8,804 


8,023 


4,148 


3,134 


4,008 


3,517 


3,051 


2,968 


11,263 


9,576 


13,435 


13,222 


7,045 


5,438 


10,036 


9,540 


2,097 


2,033 



Population and Voters. 



309 



COUNTIES, CITIES 
AND TOWNS 



Population 



U.S. 
Census 
2000 



U.S. 

Census 

1990 



Worcester — Concluded 

Fitchburg 

Gardner 

Grafton 

Hardwick 

Harvard 

Holden 

Hopedale 

Hubbardston 

Lancaster 

Leicester 

Leominster 

Lunenburg 

Mendon 

Milford 

Millbury 

Millville 

New Braintree 

North Brookfield 

Northborough 

Northbridge 

Oakham 

Oxford 

Paxton 

Petersham 

Phillipston 

Princeton 

Royalston 

Rutland 

Shrewsbury 

Southborough 

Southbridge 

Spencer 

Sterling 

Sturbridge 

Sutton 

Templeton 

Upton 

Uxbridge 

Warren 

Webster 

Westborough 

West Boylston 

West Brookfield 

Westminster 

Winchendon 

Worcester 

Totals 



39,102 

20,770 

14,894 

2,622 

5,981 

15,621 

5,907 

3,909 

7,380 

10,471 

41,303 

9,401 

5,286 

26,799 

12,784 

2,724 

927 

4,683 

14,013 

13,182 

1,673 

13,352 

4,386 

1,180 

1,621 

3,353 

1,254 

6,353 

31,640 

8,781 

17,214 

11,691 

7,257 

7,837 

8,250 

6,799 

5,642 

11,156 

4,776 

16,415 

17,997 

7,481 

3,804 

6,907 

9,611 

172,648 



41,194 

20,125 

13,035 

2,385 

12,329 

14,628 

5,666 

2,797 

6,661 

10,191 

38,145 

9,117 

4,010 

25,355 

12,228 

2,236 

881 

4,708 

11,929 

13,371 

1,503 

12,588 

4,047 

1,131 

1,485 

3,189 

1,147 

4,936 

24,146 

6,628 

17,816 

11,645 

6,481 

7,775 

6,824 

6,438 

4,677 

10,415 

4,437 

16,196 

14,133 

6,611 

3,532 

6,191 

8,805 

169,759 



750,963 



709,705 



310 



Population and Voters. 



RECAPITULATION. 





Number of 

Cities and 

Towns 


Population 




COUNTIES 


U.S. 
Census 
2000 


U.S. 

Census 

1990 


Voters 
State 

Election 
2002 


Barnstable 

Berkshire 

Bristol 


15 
32 
20 

7 
34 
26 
23 
20 
54 

1 
28 
27 

4 
60 


222,230 

134,953 

534,678 

14,987 

723,419 

71,535 

456,228 

152,251 

1,465,396 

9,520 

650,308 

472,822 

689,807 

750,963 


186,605 

139,352 

506,325 

11,639 

670,080 

70,092 

456,310 

146,568 

1,398,468 

6,012 

616,087 

435,276 

663,906 

709,705 


165,198 
86,686 

327,712 
11 901 


Essex 

Franklin 

Hampden 

Hampshire 

Middlesex 

Nantucket 

Norfolk 

Plymouth 

Suffolk 

Worcester 


444,754 

45,671 

275,539 

95,138 

891,065 

7,479 

439,790 

299,857 

414,653 

467,208 


Totals 


351 


6,349,097 


6,016,425 


3,972,651 



Vote for President, 
Members of Congress 

AND 

State Officers 



312 



Vote for President in 2004. 



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VOTE FOR SENATOR IN CONGRESS 



Election, November 5, 2002. 



313 



AGGREGATE OF VOTES FOR 
SENATOR IN CONGRESS 




314 Representatives, 109th Congress. 

REPRESENTATIVES — ONE HUNDRED 
NINTH CONGRESS 



District 



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1. 


No. 


2. 


No. 


3. 


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Election, November 2, 2004. 



John W. Olver (D) of Amherst. 
Richard E. Neal (D) of Springfield. 
James P. McGovern (D) of Worcester. 
Barney Frank (D) of Newton. 
Martin T. Meehan (D) of Lowell. 
John F. Tierney (D) of Salem. 
Edward J. Markey (D) of Maiden. 
Michael E. Capuano (D) of Somerville. 
Stephen F. Lynch (D) of Boston. 
William D. Delahunt (D) of Quincy. 



Representatives, 109th Congress. 315 

VOTE FOR REPRESENTATIVES IN CONGRESS. 



Election, November 2, 2004. 



FIRST CONGRESSIONAL DISTRICT. 

John W. Olver of Amherst (Democrat) 229,465 

All others 2,282 

Blanks 63,461 

Total Votes Cast 295,208 



SECOND CONGRESSIONAL DISTRICT. 

Richard E. Neal of Springfield (Democrat) 217,682 

All others 2,802 

Blanks 67,387 

Total Votes Cast 287,871 



THIRD CONGRESSIONAL DISTRICT. 

James P. McGovern of Worcester (Democrat) 192,036 

Ronald A. Crews of Ashland (Republican) 80,197 

All others 179 

Blanks 13,584 

Total Votes Cast 285,996 



FOURTH CONGRESSIONAL DISTRICT. 

Barney Frank of Newton (Democrat) 219,260 

Charles A. Morse of Brookline (Independent) 62,293 

All others 486 

Blanks 17,744 

Total Votes Cast 299,783 



316 Representatives, 109th Congress. 



FIFTH CONGRESSIONAL DISTRICT. 

Martin T. Meehan of Lowell (Democrat) 179,652 

Thomas P. Tierney of Framingham (Republican) 88,232 

All others 305 

Blanks 12,121 

Total Votes Cast 280,310 

SIXTH CONGRESSIONAL DISTRICT. 

John F. Tierney of Salem (Democrat) 213,458 

Stephen P. O'Malley, Jr., of Nahant (Republican) 91,597 

All others 467 

Blanks 16,214 

Total Votes Cast 252,867 

SEVENTH CONGRESSIONAL DISTRICT. 

Edward J. Markey of Maiden (Democrat) 202,399 

Kenneth G. Chase of Belmont (Republican) 60,334 

James O. Hall of Arlington (Independent) 12,139 

All others 227 

Blanks 17,088 

Total Votes Cast 292,187 

EIGHTH CONGRESSIONAL DISTRICT. 

Micabel E. Capuano of Somerville (Democrat) 165,852 

All others 2,229 

Blanks 47,719 

Total Votes Cast 215,800 



NINTH CONGRESSIONAL DISTRICT. 

Stephen F. Lynch of Boston (Democrat) 218,167 

All others 2,145 

Blanks 77,514 

Total Votes Cast 297,826 



Representatives, 109th Congress. 317 



TENTH CONGRESSIONAL DISTRICT. 

William D. Delahunt of Quincy (Democrat) 222,013 

Michael J. Jones of Plymouth (Republican) 114,879 

All others 178 

Blanks 13,668 

Total Votes Cast 350,738 

For complete and detailed results of the 2004 Congressional elections, 
please see Public Document No. 43 - Massachusetts Elections Statistics 
2004, published by the Elections Division of the Secretary of State's 
Office and also produced on-line on the Secretary's home page at 
www.state.ma.us/sec/ele/eleres/04return/04residx.htm. 



3 1 8 Vote for Governor and Lt. -Governor in 2002. 





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Vote for State Officers in 2002. 3 1 9 

VOTE FOR STATE OFFICERS. 



Election, November 5, 2002. 



FOR GOVERNOR AND LIEUTENANT GOVERNOR. 

Howell and Aucoin (Libertarian) 23,044 

O'Brien and Gabrieli (Democrat) 985,981 

Romney and Healey (Republican) 1,091,988 

Stein and Lorenzen (Massachusetts Green) 76,530 

Johnson and Schebel (Independent) 15,335 

All others 1,301 

Blanks 26,122 

Total Votes Cast 2,220,301 



FOR ATTORNEY GENERAL. 

Thomas F. Reilly of Watertown (Democrat) 1,602,817 

All others 12,326 

Blanks 605,158 

Total Votes Cast 2,220,301 



FOR SECRETARY. 

William Francis Galvin of Boston (Democrat) 1,472,562 

Jack E. Robinson III, of Boston (Republican) 516,260 

All others 1,832 

Blanks 229,647 

Total Votes Cast 2,220,301 

FOR TREASURER AND RECEIVER GENERAL. 

Timothy P. Cahill of Quincy (Democrat) 1,040,281 

Daniel A. Grabauskas of Ipswich (Republican) 848,904 

James O'Keefe of Somerville (Massachusetts Green) 163,559 

All others 830 

Blanks 166,727 

Total Votes Cast 2,220,301 



320 Vote for State Officers in 2002. 



FOR AUDITOR. 

A. Joseph DeNucci of Newton (Democrat) 1,456,880 

Kamal Jain of Littleton (Libertarian) 133,997 

John James Xenakis of Framingham (Independent) 227,974 

All others 2,065 

Blanks 349,385 

Total Votes Cast 2,220,301 



For complete and detailed results of the 2002 State Officers elections, 
please see Public Document No. 43 -- Massachusetts Elections 
Statistics 2002, published by the Elections Division of the Secretary of 
State's Office. 



Vote for Executive Councillors in 2004. 321 
VOTE FOR EXECUTIVE COUNCILLORS. 

Election, November 2, 2004. 



FIRST DISTRICT 



Carole A. Fiola of Fall River (Democratic) 267,782 

All others 2,189 

Blanks 134,416 

Total Votes Cast 404,387 



SECOND DISTRICT 

Kelly A. Timilty of Boston (Democratic) 262,951 

All others 2,643 

Blanks 128,324 

Total Votes Cast 393,918 



THIRD DISTRICT 

Marilyn M. Petitto Devaney of Watertown (Democratic) . . 240,968 

All others 3,157 

Blanks 123,600 

Total Votes Cast 367,725 



FOURTH DISTRICT 

Christopher A. Iannella, Jr., of Boston (Democratic) 185,582 

Donald A. Hussey, of Hingham (Republican) 67,625 

Brian Connolly o fHanover (Unenrolled) 40,485 

All others 419 

Blanks 45,799 

Total Votes Cast 339,910 



322 Vote for Executive Councillors in 2004. 



FIFTH DISTRICT 

Mary-Ellen Manning of Salem (Democratic) 253,195 

All others 2,639 

Blanks 120,506 

Total Votes Cast 376,340 



SIXTH DISTRICT 

Michael J. Callahan of Medford (Democratic) 227,682 

All others 2,227 

Blanks 111,802 

Total Votes Cast 269,014 



SEVENTH DISTRICT 

Dennis P. McManus of Worcester (Democratic) 245,682 

All others 3,052 

Blanks 110,517 

Total Votes Cast 359,251 



EIGHTH DISTRICT 

Peter Vickery of Amherst (Democratic) 176,656 

Aaron Bennie Wilson of Holyoke (Independent) 102,830 

All others 522 

Blanks 64,294 

Total Votes Cast 344,302 



Statistics 



State, Post Office, County 



Governors and Lieut. -Governors. 



325 



GOVERNORS AND LIEUT.-GOVERNORS. 



CHOSEN ANNUALLY BY THE PEOPLE 

Governors of Plymouth Colony. 



1620 Nov. 


11. 


John Carver 


1638 June 


5, 


Thomas Prence. 


1621 April. 




William Bradford 


1639 June 


3, 


William Bradford. 


1633 Jan. 


1, 


Edward Winslow. 


1644 June 


5, 


Edward Winslow. 


1634 Mar. 


27, 


Thomas Prence. 


1645 June 


4, 


William Bradford. 


1635 Mar. 


3, 


William Bradford. 


1657 June 


3, 


Thomas Prence. 


1636 Mar. 


1, 


Edward Winslow. 


1673 June 


3, 


Josiah Winslow. 


1637 Mar. 


7, 


William Bradford. 


1680 Dec. 


18, 


Thomas Hinckley. 



Deputy-Governors of Plymouth Colony. 



1680 Thomas Hinckley. | 

1 68 1 James Cudworth. 



1682 William Bradford, to 1686. 
1 689 William Bradford, to 1 692. 



CHOSEN ANNUALLY UNDER THE FIRST CHARTER. 
Governors of Massachusetts Bay Colony. 



1629 Mar. 


4. 


Matthew Cradock.J 


1646 May 


6, 


John Winthrop. 


1629 Apr. 


30. 


John Endicott. i 


1649 May 


2, 


John Endicott. 


1629 Oct. 


20. 


John Winthrop.f 


1650 May 


22. 


Thomas Dudley. 


1634 May 


14. 


Thomas Dudley. 


1651 May 


7, 


John Endicott. 


1635 May 


6. 


John Haynes. 


1654 May 


3, 


Richard Bellingham. 


1636 May 


25. 


Henry Vane. 


1655 May 


23. 


John Endicott. 


1637 May 


17, 


John Winthrop. 


1665 May 


3, 


Richard Bellingham. 


1640 May 


3, 


Thomas Dudley. 


1672 Dec. 


12, 


John Leverett (act'g). 


1641 June 


2, 


Richard Bellingham. 


1673 May 


7, 


John Leverett. 


1642 May 


IS. 


John Winthrop. 


1679 May 


28, 


Simon Bradstreet, to 


1644 May 


29. 


John Endicott. 






May 20, 1686. 


1645 May 


14. 


Thomas Dudley. 









* Mr. Hinckley was Governor till the union of the colonies in 1692, except during the 
administration of Andros. 

t Previously there was no Deputy-Governor, a Governor pro tern being appointed by the 
Governor to serve in his absence. 

\ A patent of King James I, dated Nov. 3, 1620, created the Council for New England 
and granted it the territory in North America from 40° to 48° N. latitude and from sea to sea, to 



326 Governors and Lieut. -Governors. 



Deputy-Governors of Massachusetts Bay Colony. 

1629 Thomas Goffe, . .*to Oct. 20, 1629 j 1650 John Endicott to 1651 

1629 Thomas Dudley 1634 165 1 Thomas Dudley 1653 

1634 Roger Ludlow 1635 1653 Richard Bellingham .... 1654 

1635 Richard Bellingham 1636 1654 John Endicott 1655 

1636 John Winthrop 1637 1655 Richard Bellingham .... 1665 

1637 Thomas Dudley 1640 1665 Francis Willoughby .... 1671 

1640 Richard Bellingham 1641 1671 John Leverett 1673 

1641 John Endicott 1644 1673 Sam' 1 Symonds, to Oct . 1678 

1644 John Winthrop 1646 1678 Oct., Simon Bradstreet . . 1679 

1646 Thomas Dudley 1650 1679 Thomas Danforth 1686 



be known thereafter as New England in America. By instrument of March 19, 1628, the 
Council for New England granted to Sir Henry Rosewell and others the territory after- 
wards confirmed by royal Charter to the "Governor and Company of the Massachusetts 
Bay in New England." This Charter, which passed the seals March 4, 1629, designated 
Matthew Cradock as the first Governor of the Company and Thomas Goffe as the first 
Deputy-Governor. Both had held similar offices from the grantee under the instrument 
of March 19, 1628. On May 13, 1629, the same persons were rechosen by the Company; 
but they never came to New England. On Oct. 20, 1629, John Winthrop was chosen 
Governor of the Company and John Humfrey Deputy-Governor. Humfrey having 
declined the service, Thomas Dudley was chosen in his stead. 

John Endicott had been sent over in 1628, with a small band, as the agent of the 
grantees under the instrument of March 19, 1628. While Cradock was Governor of the 
Company, a commission, dated April 30, 1629, was sent out to Endicott at Salem 
appointing him "Governor of London's Plantation in the Massachusetts Bay in New 
England." In the exercise of this commission he was subordinate to the "Governor and 
Company" in London, by whom he was deputed, and who, from time to time, sent him 
elaborate instructions for his conduct. Cradock and Endicott were thus chief governor 
and local governor, respectively, from April 30, 1629, or, rather, from the time when 
Endicott's commission reached Salem, a few weeks later, until Oct. 20, 1629; and Winthrop 
and Endicott were chief and local governors, respectively, from that date until the arrival 
of Winthrop at Salem with the charter, June 12, 1630, when Endicott's powers merged 
in the general authority of Winthrop. 

* Thomas Goffe, the first Deputy-Governor, never came to New England. John Humfrey 
was elected, but did not serve. 



Governors and Lieut. -Governors. 



327 



THE INTER-CHARTER PERIOD. 

On May 25, 1686, Joseph Dudley became President of New England under 
a commission of King James II, and had jurisdiction over the royal dominions 
in New England. This office he held till December 20, the same year, when Sir 
Edmund Andros became Governor of New England, appointed by King James II. 
On April 18, 1689, Governor Andros was deposed by a revolution of the people. 



AETER THE DISSOLUTION OF THE FIRST CHARTER. 

Simon Bradstreet was Governor from June 7, 1689, to May 16, 
and Thomas Danforth was Deputy-Governor during the same time. 



APPOINTED BY THE KING UNDER SECOND CHARTER. 



Governors of the Province of the Massachusetts Bay. 



1692 May 


16, 


Sir William Phips. 


1730 June 11, William Tailer. 


1694 Dec. 


4, 


William Stoughton. * 


1730 Aug. 10, Jonathan Belcher. 


1699 May 


26, 


Richard Coote. t 


1741 Aug. 14, William Shirley. 


1700 July 


17, 


William Stoughton. 


1 749 Sept. 1 1 , Spencer Phips. 


1701 July 


7, 


The Council. 


1753 Aug. 7, William Shirley. 


1702 June 


11, 


Joseph Dudley. 


1756 Sept. 25, Spencer Phips. 


1715 Feb. 


4, 


The Council. 


1757 April 4, The Council. 


1715 Mar. 


21. 


Joseph Dudley. 


1757 Aug. 3, Thomas Pownell. 


1715 Nov. 


9. 


William Tailer. f 


1760 June 3, Thomas Hutchinson. 


1716 Oct. 


5, 


Samuel Shute. 


1760 Aug. 2, Francis Bernard. 


1723 Jan. 


1, 


William Dummer. 


1769 Aug. 2, Thomas Hutchinson. 


1728 July 


19, 


William Burnet. 


1771 Mar. 14, Thomas Hutchinson. 


1729 Sept. 


7, 


William Dummer. 


1774 May 17, Thomas Gage. 


Lieutenant-Governors of the Prc 


)VINCE OF THE MASSACHUSETTS BAY. 


1 692 William Stoughton, to July, 1 70 1 


1730 William Tailer. 


1702 Thomas Povey . ..1706 


1732 Spencer Phips. 


1706 Jan., v; 


acancy to Oct 1711 


1758 Thomas Hutchinson. 


1711 William Tailer. 


1 77 1 Andrew Oliver 


1716 William Duramer. 


1714 Thomas Oliver. 



* Those whose names are printed in italics were Acting Governors. 

t Richard Coote. Earl of Bellomont. 

% On Nov. 9, 1715. Elizeus Burgess was proclaimed Governor, he having been 
commissioned on March 17, 1715. but he never came over to perform his duties, and 
resigned the office in April, 1716. 



328 



Governors and Lieut. -Governors. 



UNTIL THE CONSTITUTION. 



1774 Oct., a Provincial Congress 



1775 July, The Council. 



UNDER THE CONSTITUTION. 

Governors of The Commonwealth of Massachusetts. 



1780 John Hancock to 1785 1890 

1785 James Bowdoin 1787 1891 

1787 John Hancock, Oct. 8 1793 ; 1894 

1794 Samuel Adams 1797 j 1897 

1797 Increase Sumner, June 7 ... 1799 I 1900 

1800 Caleb Strong 1807 1903 

1807 Jas. Sullivan, Dec. 10 1808 j 1905 

1809 Christopher Gore 1810 1906 

1810 Elbridge Gerry 1812 1909 

1812 Caleb Strong 1816 1911 

1816 John Brooks 1823 1914 

1823 Win. Eustis, Feb. 6 1825 1916 

1825 Levi Lincoln 1834 1919 

1834 John Davis, March 1 1835 ! 1921 

1836 Edward Everett 1840 \ 1925 

1840 Marcus Morton 1841 ! 1929 

1841 John Davis 1843 I 1931 

1843 Marcus Morton 1844 1935 

1844 George N. Briggs 1851 1937 

1851 George S. Boutwell 1853 ! 1939 

1853 John H. Clifford 1854 1945 

1854 Emory Washburn 1855 j 1947 

1855 Henry J. Gardner 1858 1949 

1858 Nathaniel P. Banks 1861 1953 

1861 John A. Andrew 1866 1957 

1866 Alexander H. Bullock .... 1869 1961 

1869 William Claflin 1872 1963 

1872 William B. Washburn* 1874 1965 

1875 William Gaston 1876 1971 

1876 Alexander H. Rice 1879 ! 1975 

1879 Thomas Talbot 1880 ; 1979 

1880 John Davis Long to 1883 1983 

1883 Benjamin F. Butler 1884 1991 

1884 George D. Robinson 1887 1997 

1887 Oliver Ames 1890 2003 



John Q. A. Brackett 1891 

William E. Russell 1894 

Frederick T. Greenhalget . . 1896 

Roger Wolcott 1900 

W. Murray Crane 1903 

JohnL. Bates 1905 

William L. Douglas 1906 

Curtis Guild, Jr 1909 

EbenS. Draper 1911 

Eugene N. Foss 1914 

David I. Walsh 1916 

Samuel W. McCall 1919 

Calvin CoolidgeJ 1921 

ChanningH. Cox 1925 

Alvan T. Fuller 1929 

Frank G.Allen 1931 

Joseph B. Ely 1935 

James M. Curley 1937 

Charles F. Hurley 1939 

Leverett Saltonstall 1945 

Maurice J. Tobin 1947 

Robert F. Bradford 1949 

Paul A. Dever 1953 

Christian A. Herter 1957 

Foster Furcolo 1961 

John A. Volpe 1963 

Endicott Peabody 1965 

John A. Volpe** 1969 

Francis W. Sargent*** .... 1975 

Michael S. Dukakis 1979 

Edward J. King 1983 

Michael S. Dukakis 1990 

William F. Weld § 1997 

Argeo Paul Cellucci || 2001 

Mitt Romney 



* Resigned April 29, 1874. Chosen U.S. Senator April 17, 1874. 

t Died March 5, 1896. 

% Vice President of the United States, 1921-23; President, Aug. 3, 1923, to 
March 4, 1929. 

** Elected November 8, 1966 to a four-year term under Article LXXXII of the 
Amendments to the Constitution. Appointed U.S. Secretary of Transportation, Jan. 22, 1969. 
*** Acting Governor from Jan. 22, 1969; elected Governor Nov. 3, 1970, qualified 
Jan. 7, 1971. 

§ Resigned July 29. 1997. 

|| Acting Governor from July 29, 1997, elected Governor Nov. 3, 1998, qualified 
Jan. 7, 1999; resigned April 10, 2001. 



Governors and Lieut. -Governors. 



329 



Lieutenant-Governors of The Commonwealth of Massachusetts. 



1780 Thos. dishing, to Feb. 28,* 1788 

1788 Benjamin Lincoln 1789 

1789 Samuel Adams 1794 

1794 Moses Gill, May 20f 1800 

1801 Sam'l Phillips, Feb. 10 ... 1802 

1802 Edward H. Robbins 1806 

1807 Levi Lincoln* 1809 

1809 David Cobb 1810 

1810 William Gray 1812 

1812 William Phillips 1823 

1823 Levi Lincoln, Feb 1824 

1824 Marcus Morton, July 1825 

1826 Thomas L. Winthrop 1833 

1833 Samuel T. Armstrong 1836 

1836 George Hull 1843 

1843 Henry H. Childs 1844 

1844 John Reed 1851 

1851 Henry W. Cushman 1853 

1853 Elisha Huntington 1854 

1854 William C. Plunkett 1855 

1855 Simon Brown 1856 

1856 Henry W. Benchley 1858 

1858 Eliphalet Trask 1861 

1861 John Z. Goodrich, Mar. 29, 1861 

1862 JohnNesmith, Sept 1862 

1863 JoelHayden 1866 

1866 William Claflin 1869 

1869 Joseph Tucker 1873 

1873 Thomas Talbot^ 1875 

1875 Horatio G. Knight 1879 



1879 John Davis Long 1880 

1880 Byron Weston 1883 

1883 Oliver Ames 1887 

1887 John Q. A. Brackett 1890 

1890 William H. Haile 1893 

1893 Roger Wolcott || 1897 

1897 W. Murray Crane 1900 

1900 John L.Bates 1903 

1903 Curtis Guild, Jr 1906 

1906 EbenS. Draper 1909 

1909 Louis A. Frothingham 1912 

1912 Robert Luce 1913 

1913 David I. Walsh 1914 

1914 Edward P. Barry 1915 

1915 Grafton D. Cushing 1916 

1916 Calvin Coolidge 1919 

1919 Charming H. Cox 1921 

1921 Alvan T. Fuller 1925 

1925 Frank G.Allen 1929 

1929 William S. Youngman 1933 

1933 Gaspar G. Bacon 1935 

1935 Joseph L. Hurley 1937 

1937 Francis E. Kelly 1939 

1939 Horace T. Cahill 1945 

1945 Robert F. Bradford 1947 

1947 Arthur W. Coolidge 1949 

1949 Charles F. Jeff Sullivan 1953 

1953 Sumner Gage Whirtier 1957 

1957 Robert F. Murphy** 1960 

1961 Edward F. McLaughlin, Jr. . . 1963 



* The Lieutenant-Governors whose names are in italics were Acting Governors also 
during vacancies in the office of Governor. 

t Mr. Gill died on the 20th of May, 1 800, and the Commonwealth, for the only time 
under the Constitution, was without a Governor and Lieutenant-Governor. The Council, 
Hon. Thomas Dawes. President, officiated until the 30th of the month, when Caleb Strong 
was inaugurated Governor. 

% General William Heath was elected in 1806, and declined to accept the office . 

§ Acting Governor from April 29, 1 874. 

j| Acting Governor from March 5, 1896. 
** Appointed Commissioner of the Metropolitan District Commission on Oct. 6, 1960. 



330 



Governors and Lieut. -Governors. 



1963 Francis X. Bellotti . . . 
1965 Elliot L. Richardson . 
1967 Francis W. Sargent*** 
1971 Donald R. Dwight . . . 
1975 Thomas P. O'Neill III 



1965 
1967 
1971 
1975 
1983 



1983 John F. Kerry # 1985 

1987 Evelyn F. Murphy 1990 

1991 Argeo Paul Cellucci t 1997 

1999 Jane M. Swift**** 2002 

2003 Kerry Healey 



*** Elected November 8, 1966 to a four-year term under Article LXXXI1 of the 
Amendments to the Constitution. Acting Governor from Jan. 22, 1969. 

# Elected November 2, 1982 to a four-year term under Article LXXXII of the 
Amendments to the Constitution. Resigned Jan. 2, 1985, and appointed to fill vacancy in 
office of United States Senator due to resignation of Paul E. Tsongas. 

t Acting Governor from July 29, 1997; Elected Governor November 3, 1998. 
**** Acting Governor from April 10,2001. 



United States Senators. 



331 



UNITED STATES SENATORS. 



FROM MASSACHUSETTS. 



Tristram Dalton 1789-91 

George Cabot 1791-96 

Benjamin Goodhue 1796-1800 

Jonathan Mason 1800-03 

John Quincy Adams 1803-08 

James Lloyd, Jr 1808-13 

Christopher Gore 1813-16 

Eli Porter Ashmun 1816-18 

Prentiss Mellen 1818-20 

Elijah Hunt Mills 1820-27 

Daniel Webster 1827-41 

RufusChoate 1841-45 

Daniel Webster 1845-50 

Robert Charles Winthrop 1850-51 

Robert Rantoul, Jr 1851 

Charles Sumner t 1851-74 

William B. Washburn 1874-75 

Henry Laurens Dawes 1875-93 

Henry Cabot Lodge§ 1893-1924 

William Morgan Butler 1924-26 

David Ignatius Walsh 1926-47 

Henry Cabot Lodge, Jr 1947-53 

John Fitzgerald Kennedy** . . . 1953-60 

Benjamin A. Smith, II ft 1960-63 

Edward M. Kennedy 1963- 



Caleb Strong 1789-96 

Theodore Sedgwick 1796-99 

Samuel Dexter 1799-1800 

Dwight Foster 1800-03 

Timothy Pickering 1803-1 1 

Joseph Bradley Varnum 1811-17 

Harrison Gray Otis 1817-22 

James Lloyd 1822-26 

Nathaniel Silsbee 1826-35 

John Davis 1835-41 

Isaac Chapman Bates 1841-45 

John Davis 1845-53 

Edward Everett 1853-54 

Julius Rockwell 1854-55 

Henry Wilson* 1855-73 

George S. Boutwell 1873-77 

George Frisbie Hoar % 1877-1904 

Winthrop Murray Crane 1904-13 

John Wingate Weeks 1913-19 

David Ignatius Walsh 1919-25 

Frederick Huntington Gillett . 1925-31 

Marcus A. Coolidge 1931-37 

Henry Cabot Lodge, Jr.1 1937-44 

Sinclair Weeks 1944 

Leverett Saltonstall 1945-67 

Edward W. Brooke 1967-79 

Paul E. Tsongas # 1979-85 

John F. Kerry ## 1985- 



* Mr. Wilson elected Vice President in 1872; George S. Boutwell chosen to fill vacancy. 

t Charles Sumner died March 11, 1874; William B. Washburn chosen to fill 
vacancy, April 17, 1874. 

% Mr. Hoar died September 30, 1904; Winthrop Murray Crane appointed by Governor 
John L. Bates October 12, 1904. 

§ Mr. Lodge died November 9, 1924; William Morgan Butler temporarily appointed by 
Governor Charming H. Cox November 13, 1924; Mr. Walsh chosen to fill vacancy, Novem- 
ber^ 1926. 

^1 Mr. Lodge resigned February 4, 1944; Sinclair Weeks temporarily appointed by 
Governor Leverett Saltonstall February 8. 1944. 

** Mr. Kennedy elected President of the United States in November, 1960. Resigned from 
the Senate on December 22, 1960. 

tt Mr. Smith temporarily appointed by Governor Foster Furcolo December 27 1960. 

# Mr. Tsongas' term expired January, 1985; resigned January 2, 1985. 

## Mr. Kerry elected to a six-year term on November 6, 1984; Mr. Kerry temporarily 
appointed by Governor Michael S. Dukakis on January 3, 1985. 



332 



Secretaries. 



SECRETARIES. 



List of Persons who have held the Office of 
Secretary of the Commonwealth. 





. . 1780-1806 




. . 1876-91 


Jonathan L. Austin . . . 


. ... 1806-08 


William M. Olin* 


1891-1911 


William Tudor 


.... 1808-10 


Albert P. Langtry* 


.. 1911-13 


Benjamin Homans . . . 


.... 1810-12 


Frank J. Donahue 


.. 1913-15 


Alden Bradford 


.... 1812-24 


Albert P. Langtry 


. . 1915-21 


Edward D. Bangs .... 


.... 1824-36 


Frederic W. Cook 


. . 1921-49 


John P. Bigelow 


.... 1836-43 


Edward J. Cronin** . . . 


. . 1949-58 


John A. Bolles 


. . . . 1843-44 


J. Henry Goguen** .... 


. . 1958-59 


John G. Palfrey 


. . . . 1844-48 


Joseph D. Ward*** 


. . 1959-61 


William B. Calhoun . . 


... . 1848-51 


Kevin H. White§ 


. . 1961-67 


Amasa Walker 


.... 1851-53 


John F. X. Davorent . . . 


. . 1967-75 


Ephraim M. Wright . . 


1853-56 


Paul H. Guzzi 


. . 1975-79 


1856-58 


Michael Joseph Connolly 
William Francis Galvin . 


. . 1979-95 




1858-76 


. . 1995- 







* Secretary Olin died April 15, 191 1; Mr. Langtry chosen to fill vacancy April 26, 191 1. 
** Secretary Cronin died Nov. 24, 1958. The vacancy was filled by the appointment of 
J. Henry Goguen, who qualified on Dec. 1, 1958, to fill unexpired term. 

*** Office was filled by election by the Legislature of Joseph D. Ward on Jan. 20, 1959. 
§ Elected November 8, 1966 to a four-year term under Article LXXXII of the 
Amendments to the Constitution. Resigned Dec. 20, 1967. 

t Office was filled by election by the Legislature of John F. X. Davoren on Dec. 20, 
1967; and on November 3, 1970. Mr. Davoren was elected to a four-year term under Article 
LXXXII of the Amendments to the Constitution. 



Treasurers. 



333 



TREASURERS. 



List of Persons who have held the Office of 
Treasurer and Receiver General. 



Henry Gardner 1780-83 

Thomas Ivers 1783-87 

Alexander Hodgdon 1787-92 

Thomas Davis 1792-97 

Peleg Coffin* 1797-1801 

Jonathan Jackson 1 802-06 

Thompson J. Skinner 1806-08 

Josiah Dwight 1808-10 

Thomas Harris 1810-11 

Jonathan L. Austin 1811-12 

JohnT. Apthorp 1812-17 

Daniel Sargent 1817-22 

Nahum Mitchell 1822-27 

Joseph Sewall 1827-32 

Hezekiah Barnard 1832-37 

David Wilder 1837-42 

Thomas Russell 1842-43 

John Mills 1843-44 

Thomas Russell 1844-45 

Joseph Barrett 1845-49 

Ebenezer Bradbury 1849-51 

Charles B. Hall 1851-53 

Jacob H. Loud 1853-55 

Thomas J. Marsh 1855-56 

Moses Tenney, Jr 1856-61 

Henry K. Oliver 1861-66 

Jacob H. Loud 1866-71 

Charles Adams, Jr 1871-76 

Charles Endicott 1876-81 



Daniel A. Gleason 1881-86 

Alanson W. Beard 1886-89 

George A. Marden 1889-94 

Henry M . Phillipsf 1894-95 

Edward P. Shawt 1895-1900 

Edward S. Bradford 1900-05 

Arthur B. ChapinJ 1905-09 

Elmer A. StevensJ 1909-14 

Frederick W. Mansfield 1914-15 

Charles L. Burrill 1915-20 

Fred J. Burrell§ 1920 

James Jackson§ 1920-25 

William S. Youngman|| 1925-29 

Karl H. 01iver|| 1929 

John W. Haigis|| 1929-31 

Charles F. Hurley^ 1931-37 

Karl H. Oliver^ 1937 

William E. Hurley^ 1937-43 

Francis X. Hurley 1943-45 

John E. Hurley 1945-47 

Laurence Curtis 1947-49 

John E. Hurley** 1949-52 

Foster Furcolo** 1952-55 

John F. Kennedy 1955-61 

John Thomas Driscoll*** 1961-64 

Robert Q. Crane*** 1964-90 

Joseph D. Malone 1991-98 

Shannon P. O'Brien 1999-02 

Timothy P. Cahill 2003- 



* Secretary Avery had a warrant to take care of the treasury on the resig- 
nation of Mr. Coffin, May 25, 1802. 

t Mr. Phillips resigned April 12, 1895; Mr. Shaw chosen to fill vacancy April 25, 1895. 

% Mr. Chapin resigned April 1, 1909; Mr. Stevens chosen to fill vacancy April 7, 1909. 

§ Mr. Burrell resigned Sept. 3, 1920; Mr. Jackson appointed to fill vacancy 
Sept. 8, 1920. 

|| Mr. Youngman qualified as Lieutenant-Governor Jan. 3, 1929; Mr. Oliver chosen to 
fill vacancy January 7; Mr. Haigis qualified January 16. 

H Mr. Charles F. Hurley qualified as Governor, January 7, 1937; Mr. Oliver chosen to fill 
vacancy January 11; Mr. William E. Hurley qualified January 20. 

** Mr. John E. Hurley resigned July 5, 1952; Mr. Furcolo appointed to fill vacancy July 5. 
*** Mr. John Thomas Driscoll resigned May 12. 1964; Mr. Crane chosen to fill 
vacancy May 12; and on November 8, 1966 Mr. Crane was elected to a four-year term under 
Article LXXXII of the Amendments to the Constitution. 



334 Attorneys-General — Solicitors-General. 

ATTORNEYS-GENERAL — 
SOLICITORS-GENERAL. 



[This table was prepared by Mr. A. C. Goodell, Jr., and contributed 
by him to the Massachusetts Historical Society's proceedings for June, 
1895.1 



TABLE OF ATTORNEYS-GENERAL BEFORE 
THE CONSTITUTION. 

CHOSEN. APPOINTED. 

Anthony Checkley April 29, 1680. 

Under the Presidency of Joseph Dudley: 

Benjamin Bullivant Date uncertain, but before 

July 1, 1686; sworn in 
July 26. 
Under Sir Edmund Andros: 

Giles Masters "To frame indictments, 

arraign and prosecute 
felons." April 30, 1687. 
He died "Kings Attorney," 
Feb. 29, 1688. 

James Graham Date uncertain, but as early 

as Aug. 25, 1687, he was 
"settled in Boston and 
made Attorney-general." 

James Graham Reappointed (2d commis- 
sion) June 20, 1688. 

During the inter-charter period: 
Anthony Checkley June 14, 1689. 

Under the Province Charter: 

Anthony Checkley Oct. 28, 1692. 

Paul Dudley July 6, 1702. 

Paul Dudley June 8, 1716. 

Paul Dudley June 19, 1717. 

Paul Dudley* June 25, 1718. 

John Valentine Nov. 22, 1718. 

♦Resigned Nov. 22, 1718. 



Attorneys-General — Solicitors-General. 335 



CHOSEN. APPOINTED. 

John Valentine June 24, 1719. 

Thomas Newtont June 19, 1720. 

(Vacancy: John Read chosen, but negatived by Governor Shute.) 

John Overing June 29, 1722. 

John Read June 20, 1723. 

{Vacancy; John Read chosen, but not consented to.) 

John Read June 28, 1725. 

John Read June 21, 1726. 

John Read June 28, 1727. 

Joseph Hiller June 19, 1728. 

(Addington Davenport, Jr., chosen June 12, but declined.) 

John Overing June 26, 1 729. 

(Jeremiah Gridley and others were chosen annually from 1730 to 
1748, but the Governor withheld his consent. See Proceedings of 
the Massachusetts Historical Society, Vol. X, Second Series, p. 254.) 

Edmund Trowbridge June 29, 1749. 

Edmund Trowbridge May 14, 1762. 

(Made Justice of the Superior Court of Judicature, March 25, 1767). 

Jeremiah Gridley % March 25, 1767. 

Jonathan Sewall Nov. 24, 1767. 

(Vacancy from September, 1774, to June 12, 1777.) 

Robert Treat Paine June 12, 1777, Accepted Aug. 26. 

Robert Treat Paine June 19, 1778 (sworn). 

Robert Treat Paine Feb. 5, 1779. 

Robert Treat Paine Jan. 4, 1780. 

Special Attorney-General, etc. 
Jonathan Sewall March 25, 1767. 

Solicitors-General, etc. 

Jonathan Sewall June 24, 1767. 

(Vacancy from November 18, 1767, to March 14, 1771.) 

Samuel Quincy§ March 14, 1771. 

Solicitor-General (Since the Constitution.) 

Daniel Davis 1801-32. 

(Office established in 1800, and abolished in 1832.) 

t Died May 28,1721. % Died Sept. 1 0, 1 767. 

§ A refugee, 1774-75. 



336 Attorneys-General — Solicitors-General. 



TABLE OF ATTORNEYS-GENERAL SINCE THE CONSTITUTION. 



Robert Treat Paine 1780-90 

James Sullivan 1790-1807 

Barnabas Bidwell 1807-10 

Perez Morton 1810-32 

James T. Austin 1832-43 

John Henry Clifford * 1849-53 

Rufus Choatet 1953-54 

John Henry Clifford t 1854-58 

Stephen Henry Phillips 1858-61 

Dwight Foster 1861-64 

Chester I. ReedJ 1864-67 

Charles Allen % 1867-72 

Charles R. Train 1872-79 

George Marston 1879-83 

Edgar J. Sherman § 1883-87 

Andrew J. Waterman § 1887-91 

Albert E. Pillsbury 1891-94 

Hosea M. Knowlton 1894-1902 

Herbert Parker 1902-06 

DanaMalone 1906-11 

James M.Swift 1911-14 



Thomas J. Boynton 1914-15 

Henry C. Attwill ° 1915-19 

Henry A. Wyman ° 1919-20 

J. Weston Allen 1920-23 

Jay R. Benton 1923-27 

Arthur K. Reading \ 1927-28 

Joseph E. Warner H 1928-35 

PaulE. Dever 1935-41 

Robert T. Bushnell 1941-45 

Clarence A. Barnes 1945-49 

Francis E. Kelly 1949-53 

George Fingold** 1953-58 

Edward J. McCormack, Jr.** . . 1958-63 

Edward W. Brooke*** 1963-67 

Edward T. Martin Interim 

Elliot L. Richardsonjt 1967-69 

Robert H. QuinntJ 1969-75 

Francis X. Bellotti 1975-87 

James M. Shannon 1987-90 

L. Scott Harshbarger 1991-98 

Thomas F. Reilly 1999- 



* The office of Attorney-General was abolished in 1843 and re-established 
in 1849. 

t Rufus Choate resigned May 12, 1854. Mr. Clifford's term began May 20, 1854. 

% Resigned April 20, 1867. The vacancy was filled by election by the Legislature 
of Charles Allen, April 26, 1867. 

§ Resigned October 1, 1887. The vacancy was filled by the appointment of 
Andrew J. Waterman. 

° Vacated the office August 13, 1919, by qualifying as a member of the Public 
Service Commission. The vacancy was filled by the appointment of Henry A. Wyman, 
who qualified on that day. 

H Resigned June 6, 1928. The vacancy was filled by the choice June 13, of 
Joseph E. Warner. 

** Attorney-General Fingold died Aug. 31, 1958. The vacancy was filled by elec- 
tion by the Legislature of Edward J. McCormack, Jr., on September 11, 1958. 

*** Resigned January 2, 1967. The vacancy was filled by the nomination by the 
Governor and the confirmation by the Executive Council of Edward T. Martin as interim 
Attorney General on January 3, 1967. 

tt Elected November 8, 1966 to a four-year term under Article LXXXII of the 
Amendments to the Constitution. Resigned January 23, 1969. Appointed Under- 
Secretary of State on President's Cabinet. 

XX Office was filled by election by the Legislature of Robert H. Quinn on Jan- 
uary 23, 1969; and on November 3, 1970, Mr. Quinn was elected to a four-year term 
under Article LXXXII of the Amendments to the Constitution. 



Auditors. 



337 



AUDITORS. 



List of Persons who have held the office of 
Auditor of Accounts or Auditor of the Commonwealth. 

[Established by Act of 1849. Name changed by Act of 1908.] 



David Wilder, Jr 1849-54 

Joseph Mitchell 1854-55 

Stephen N. Gifford 1855-56 

Chandler R. Ransom 1856-58 

Charles White 1858-61 

Levi Reed* 1861-65 

Julius L. Clarke 1865-66 

Henry S. Briggs 1866-70 

Charles Endicott 1870-76 

Julius L. Clarket 1876-79 

Charles R. Laddf 1879-91 

William D. T. Trefry 1891-92 



John W. Kimball 1892-1901 

Henry E. Turner} 1901-11 

JohnE. White t 1911-14 

Frank H.Pope 1914-15 

Alonzo B.Cook 1915-31 

Francis X. Hurley 1931-35 

Thomas H. Buckley 1935-39 

Russell A. Wood 1939-41 

Thomas J. Buckley** 1941-64 

Thaddeus Buczko*** 1964-81 

John J. Finnegan*** 1981-87 

A. Joseph DeNucci 1987- 



* Resigned December 20, 1865. 

t Mr. Clarke resigned, and Mr. Ladd was appointed in his place May 5, 1879. 

X Mr. Turner died June 29, 1911, and Mr. White was chosen to fill the vacancy 
July 6, 1911. 

** Mr. Buckley died September 9, 1964 and Mr. Buczko was appointed to fill the 
vacancy September 24, 1964; and on November 8, 1966, Mr. Buczko was elected to a 
four-year term under Article LXXXII of the Amendments to the Constitution. 

*** Mr. Buczko resigned on February 11, 1981 and Mr. Finnegan was elected, 
under the provisions of Article XVII, as amended by Article LXXIX of the Amendments 
to the Constitution, to fill the vacancy February 23, 1981. 



338 



Organization of the Legislature. 



ORGANIZATION OF THE LEGISLATURE, 

Since 1780. 



The first General Court, under the Constitution of The Commonwealth 
of Massachusetts, assembled at Boston on Wednesday, Oct. 25, 1780, and 
was finally prorogued (having held three sessions) May 19, 1781. From 
this time until 1 832 the political year commenced on the last Wednesday in 
May, and the General Court held two, and frequently three, sessions during 
each year. In 1832, by an amendment of the Constitution, the commence- 
ment of the political year was changed to the first Wednesday in January. 



SENATE. 



PRESIDENTS. 



Thomas Gushing, resign 'd * 1 

Jeremiah Powell J 

Jeremiah Powell, resign 'd * ] 

Samuel Adams J 

Samuel Adams 

Samuel Adams, resign 'd * 

Samuel Phillips, Jr 

Samuel Phillips, Jr 

Samuel Adams 

Samuel Phillips, Jr 

Samuel Phillips 1 

Samuel Phillips, resign 'dt 

David Cobb 

David Cobb 

Harrison Gray Otis 

John Bacon 

Samuel Dana 

Harrison Gray Otis 

Samuel Dana 

John Phillips 

Nathaniel Silsbee 

John Mills 

Sherman Leland 



1781-82 

1782-85 

• 1785-86 

1786-87 

1787-88 

1788-90 

790-1801 

■ 1801-02 

1802-05 
1805-06 
1806-07 
1807-08 
1808-11 
1811-13 
1813-23 
1823-26 
1826-28 
1828-29 



Samuel Lathrop 

Samuel Lathrop, resign 'd 

James Fowler 

Leverett Saltonstall 

William Thorndike 

Benjamin T. Pickman 

Benjamin T. Pickman, died 

George Bliss 

Horace Mann 

Myron Lawrence 

Daniel P. King 

Josiah Quincy, Jr 

Phineas W. Leland, resign 'd 

Frederick Robinson 

Josiah Quincy, Jr 

Levi Lincoln 

William B. Calhoun 

Zeno Scudder 

Joseph Bell 

Marshall P. Wilder 

Henry Wilson 

Charles H. Warren 

Charles Edward Cook 



1830-31 

1831 

1832 

1833-34 

1835 

1836-37 

1838-39 

1840-41 

1842 

1843 

1844 
1845 

1846-47 
1848 
1849 
1850 

1851-52 
1853 
1854 



* Resigned to serve in Governor's Council. 
t Resigned to serve as Lieutenant-Governor. 



Organization of the Legislature. 



339 



Henry W. Benchley 

Elihu C. Baker 

Charles W. Upham 

Charles A. Phelps 

William Claflin 

John H. Clifford 

Jonathan E. Field 

Joseph A. Pond 

George O. Brastow 

Robert C. Pitman, resign 'd * ] 

George O. Brastow J 

Horace H. Coolidge 

George B. Loring 

John B. D. Cogswell 

Robert R. Bishop 

George Glover Crocker .... 

George A. Bruce 

Albert E. Pillsbury 

Halsey J. Boardman 

Harris C. Hartwell 

Henry H. Sprague 

Alfred S. Pinkerton 

William M. Butler 

George P. Lawrence 

George E. Smith 1 

Rufus A. Soule 

George R. Jones 

William F. Dana 

William Baker, Jr 

Samuel Cooper 

Edward McLane 

Edward Payne Hayman .... 
George Elliot Vaughan .... 

Wendell Davis 

John D. Dunbar 

Nathaniel Coffin 

Marcus Morton 



1855 

1856 

1857-58 

1859-60 

1861 

1862 

1863-65 

1866-67 

1868 

1869 

1870-72 

1873-76 

1877-79 

1880-82 

1883 

1884 

1885-86 

1887-88 

1889 

1890-91 

1892-93 

1894-95 

1896-97 

898-1900 

1901-02 

1903-04 

1905-06 



1780-84 
1785-95 
1796-99 
1800 
1801-02 
1803-05 
1806-07 



William D. Chappie 1907-08 

Allen T. Treadway 1909-1 1 

Levi H. Greenwood 1912-13 

Calvin Coolidge 1914-15 

Henry G. Wells 1916-18 

Edwin T. McKnight 1919-20 

Frank G.Allenf 1921-24 

Wellington Wells 1925-28 

Gaspar G. Bacon 1929-32 

Erland F. Fish 1933-34 

James G. Moran 1935-36 

Samuel H. Wragg 1937-38 

Joseph R. Cotton 1939-40 

Angier L. Goodwin J 1941 

Jarvis Hunt§ 1942-44 

Arthur W. Coolidge 1945-46 

Donald W. Nicholson 1947 

Harris S. Richardson^ 1948 

Chester A. Dolan, Jr 1949 

Harris S. Richardson 1950 

Richard I. Furbush 1951-56 

Newland H. Holmes 1957-58 

John E. Powers** 1959-64 

Maurice A. Donahue** 1964-70 

Kevin B. Harrington*** 1971-78 

William M. Bulger*** 1978-96 

Thomas F. Birmingham**** . 1996-03 

Robert E. Travaglini 2003- 



Samuel F. McCleary 
Samuel F. Lyman . . . 

Paul Willard 

Charles Calhoun . . . 

Lewis Josselyn 

Charles Calhoun . . . 
Chauncy L. Knapp . , 



10 Francis H. Underwood 



1813-21 
1822 

1823-29 

1830-42 
1843 

1844-50 
1851 
1852 



II 1-12 Charles Calhoun 1853-54 



* Appointed Justice of Superior Court. 

t First year under biennial elections. 

t Resigned Dec. 29, 1941 (elected to Congress). 

§ Elected at Special Session, Jan. 26, 1942. 

° Resigned Nov. 26, 1947 (elected to Congress). 

1 Elected Jan. 7, 1948. 
** Appointed Clerk of the Supreme Judicial Court, March 25, 1964; Mr. Donahue 

elected March 25, 1964. 
'** Resigned July 31, 1978; Mr. Bulger elected July 31, 1978; resigned January 3, 1996. 
*** Elected January 3, 1996. 



340 



Organization of the Legislature. 



Peter L. Cox 1855-57 William H. Sanger§ 

Stephen N. Gifford 1858-86 Irving N. Hayden 

E. Herbert Clapp 1886-88 Thomas A. Chadwick* 

Henry D. Coolidge 1889-1922 Norman L. Pidgeon** 

***Senate Clerk and Parliamentarian, Norman L. Pidgeon, 1972-73. 

Edward B. O'Neill**** .... 1974-98 William F. Welch+ 

Patrick F. Scanlan # 1999-03 



CHAPLAINS. 



Samuel Cooper 

John Clark 

Joseph Eckley 

Samuel Cooper 

Joseph Eckley 

Peter Thacher 

Samuel Stillman 

Jeremy Belknap 

Peter Thacher 

William Emerson .... 
Thomas Baldwin .... 
Joseph S. Buckminster 
Thomas Baldwin .... 
Joshua Huntington . . . 
Dr. John Lathrop .... 
Francis Parkman .... 

Henry Ware, Jr 

John G. Palfrey 

John Pierpont 

James Walker 

William Jenks 

Daniel Sharp 

Samuel Barrett 

Francis Wayland .... 

William Jenks 

R. W. Emerson 

Howard Malcolm .... 



1780 
1781 
1782 
1783 
1784 

1785-89 

1790 

1791 

792-1802 

1803-06 
1807 

1808-10 

1811-12 
1813 

1814-15 

1816-17 
1818 

1819-20 
1821 
1822 
1823 
1824 
1825 
1826 

1827-28 
1829 
1830 



Alonzo Potter 

F. W. P. Greenwood . 
George W. Blagden . 
Chandler Robbins . . 
Hubbard Winslow . . 
F. W. P. Greenwood . 
Nehemiah Adams . . . 

Ralph Sanger 

William M. Rogers . 
Daniel M. Lord .... 
Thomas M. Clark, Jr. 
Joseph H. Towne . . . 
William M. Rogers . 
James F. Clarke .... 

John T. Burrill 

Amos Smith 

Austin Phelps 

C. A. Bartol 

Isaac P. Langworthy 
James L. T. Coolidge 

A. L. Stone 

Warren Burton 

J. S. D. Farnsworth . 
A. H. Burlington . . . 
Lyman Whiting .... 

Daniel C. Eddy 

John P. Cleveland . . 



1922-32 
1932-62 
1962-66 
1967-73 



1831 
1832 
1833 
1834 
1835 
1836 
1837 
1838 
1839 
1840 
1841 
1842 
1843 
1844 
1845 
1846 
1847 
1848 
1849 
1850 
1851 
1852 
1853 
1854 
1855 
1856 
1857 



§ Elected March 1, 1922, having served as assistant clerk since 1889; retired 

March 12, 1932. 
° Elected March 14, 1932, having served as assistant clerk since 1922; retired Jan. 31, 

1962. 

* Elected Feb. 1, 1962, having served as assistant clerk since 1932; retired Dec. 31, 
1966. 

"* Elected Jan. 4, 1967, having served as assistant clerk since 1962. 

* * First person ever appointed Parliamentarian (as well as Clerk) in the history of the 

Commonwealth of Massachusetts. 
** Elected acting Clerk of Senate, Jan. 2, 1974 to finish the term of Norman L. Pidgeon. 

Elected Clerk of the Senate, Jan. 1, 1975; Died Oct. 4, 1998. 

# Acting Clerk of the Senate, Oct. 5, 1998 to finish the term of Edward B. O'Neill; 
Elected Clerk of the Senate, Jan. 6, 1999; retired Oct. 1, 2003. 

+ Acting Clerk of the Senate, Oct. 1, 2003 to finish the term of Patrick F. Scanlan; 
Elected Clerk of the Senate, Jan. 5, 2004. 



Organization of the Legislature. 



341 



Arthur Fuller 1858 

Jacob M. Manning 1859 

Joseph Marsh 1860 

A. S. Patton 1861 

Edward W. Clark 1862-63 

A.A.Miner 1864 

George E. Ellis 1865 

James B. Miles 1866 

Charles E. Reed 1867 

Henry Morgan 1868 

E.N. Kirk 1869 

J. O. Means 1870 

S. W. Foljambe 1871 

Edward Abbott 1872-73 



A. M. Ide 1874 

George F. Warren 1875 

Isaac Dunham 1876-79 

Edmund Dowse* 1880-1904 

Edward A. Horton 1904-28 

Charles H. MossH 1928-30 

Arthur M. Ellis 1931-40 

Arthur W. Olsen 1941-42 

W. Harold Deacon 1943-44 

Frederick M. Eliot 1945-48 

Francis A. Burke 1949-50 

Frederick M. Eliot** 1951-58 

John P. Robertson*** 1958 

Christopher P. Griffin # 1959-79 



HOUSE OF DEPUTIES 
(Usually two to five sessions a year.) 



William Hawthornet 

George Cooke 

William Hawthornet 

Robert Bridges 

Joseph Hill 

William Hawthornet 
Richard Russell 
Daniel DenisonJ . . . 
William Hawthornet 

Daniel Gookin 

Daniel DenisonJ . . . 
Humphrey Atherton . 
Richard Russell 
Edward Johnson 
Richard Russell .... 
William Hawthornet 
Richard Russell .... 
Thomas Savage .... 
William Hawthornet 



1644-45 
1645 
1646 
1646 
1647 
1648 
1648 
1649 
1650 
1651 

1651-52 
1653 
1654 
1655 
1656 
1657 
1658 

1659-60 

1660-61 



Thomas Clarke . . . 
John Leverett 
Thomas Clarke . . . 
Richard Waldron§ 
Thomas Clarke . . . 
Thomas Savage . . 
Thomas Clarke . . . 
Richard Waldron§ 
Joshua Hubbard . . 
Richard Waldron§ 

Peter Buckley 

Thomas Savage . . 
Richard Waldron§ 
John Richards . . . 
Daniel Fisher 
Elisha Cooke 

John Wayte 

Isaac Addington . . 
John Saffin 



1662 

1663-64 

1665 

1666-68 

1669-70 

1671 

1672 

1673 

1673-74 

1674-75 

1675-76 

1677-78 

1679 

1679-80 

1680-82 

1683 

1684 

1685 

1686 



* Resigned January 13, 1904. 

° Elected January 14, 1904, resigned and chosen Chaplain emeritus February 6, 1928. 

II Elected February 7, 1928. 
** Died February 17, 1958. 
** Elected to fill vacancy on February 25, 1958. 

# Beginning on January 2, 1980, the Senate has suspended so much of Senate Rule 4 as 
relates to the appointment of a chaplain. 

t Also spelled Hauthorne, Hawthorne. Hawthorn. Hathome. 

\ Also spelled Dennison. 

§ Also spelled Waldem, Walderne. 



342 



Organization of the Legislature. 



The General Court adjourned May 2 
June, 1689. 



INTER-CHARTER PERIOD. 

1686, and did not convene until May or 





1689 


William Bond 


. . . 1691-92 




1689-90 


1692 




1690-91 


OND CHARTER. 
John Clark 






UNDER THE SEC 
1692-93 


... 1721-24 


Nathaniel Byfield . . . 


1693-94 

1694-95 


William Dudley 

John Quincy 

William Fairfield 


. . . 1724-29 
. . . 1729-41 


William Bond 


1695-96 

1696-97 


1741 
. . . 1741-42 




1698 




... 1742-46 




. . 1699-1700 


Thomas Hutchinson .... 


. . . 1746-49 




1700-01 


. . . 1749-50 




1701-02 




. . . 1750-59 




1702-05 




. . . 1759-60 




1705-07 




. . . 1760-62 




1707 


Timothy Ruggles 

Samuel White 


. . . 1762-64 




1708-09 


... 1764-66 


John Clark 


1709-11 




. . . 1766-74 




1711-20 




. . . 1775-78 




1720 




... 1778-79 


Timothy Lindall . . . 


1720-21 


John Hancock 


... 1779-80 



HOUSE OF REPRESENTATIVES. 
SPEAKERS UNDER THE CONSTITUTION. 



Caleb Davis, resigned 1780-82 

Nathaniel Gorham 1782-83 

Tristram Dalton 1783-84 

Samuel Allyne Otis 1784-85 

Nathaniel Gorham 1785-86 

Artemas Ward 1786-87 

James Warren 1 787-88 

Theodore Sedgwick 1788-89 

David Cobb 1789-93 

Edward H. Robbins 1793-1802 

John Coffin Jones 1802-03 

Harrison Gray Otis 1803-05 



Timothy Bigelow 1805-06 

Perez Morton 1806-08 

Timothy Bigelow 1808-10 

Perez Morton, resigned .... 1810-11 

Joseph Story, resigned 1811-12 

Eleazer W. Ripley 1812 

Timothy Bigelow 1812-20 

Elijah H. Mills, resigned . . . 1820-21 

Josiah Quincy, resigned .... 1821-22 

Luther Lawrence 1822 

Levi Lincoln 1822-23 

William C. Jarvis 1823-25 



Son of Thomas Cushing who served in 1742-46. 



Organization of the Legislature. 



343 





1825-26 


William C. Jarvis 


1826-28 


William B. Calhoun 


1828-34 


Julius Rockwell 


1835-37 


Robert C. Winthrop 


1838-40 




1841 




1842 


Daniel P. King 


1843 


Thomas Kinnicut, resign 'd . 


1844 


Samuel H. Walley, Jr 


1844-46 


Ebenezer Bradbury 


1847 


Francis B. Crowninshield . . . 


1848-49 


Ensign H. Kellogg 


1850 


Nathaniel P. Banks, Jr 


1851-52 




1853 


Otis P. Lord 


1854 


Daniel C. Eddy 


1855 


Charles A. Phelps 


1856-57 


Julius Rockwell 


1858 


Charles Hale 


1859 


John A. Goodwin 


1860-61 


Alexander H. Bullock 


1862-65 


James M. Stone 


1866-67 


Harvey Jewell 


1868-71 


John E. Sanford 


1872-75 


John D. Long 


1876-78 


Levi C. Wade 


1879 


Charles J. Noyes 


1880-82 


George A. Marden 


1883-84 


John Q. A. Brackett 


1885-86 



Charles J. Noyes 1887-88 

William E. Barrett 1889-93 

George V. L. Meyer 1894-96 

John L. Bates 1897-99 

James J. Myers 1900-03 

Louis A. Frothingham 1904-05 

John N.Cole 1906-08 

Joseph Walker 1909-1 1 

Grafton D. Cushing 1912-14 

Channing H. Cox 1915-18 

Joseph E. Warner 1919-20 

Benjamin Loring Young* ... 1921-24 

John C. Hull 1925-28 

Leverett Saltonstall 1929-36 

Horace T. Cahill 1937-38 

Christian A. Herter 1939-42 

Rudolph F. King 1943-44 

Frederick B. Willisf 1945-48 

Thomas P. O'Neill, Jr 1949-52 

Charles Gibbons 1953-54 

Michael F. Skerry** 1955-57 

John F. Thompson*** 1958-64 

John F. X. Davorenf 1965-67 

Robert H. Quinn° 1967-69 

David M. Bartley 1969-75 

Thomas W. McGee# 1975-85 

George Keverian 1985-90 

Charles F. Flaherty+ 1991-96 

Thomas M. Finneran## 1996-04 

Salvatore F. DiMasi**** . . . 2004- 



George Henshaw 1780-81 

George Richards Minot 1782-91 

Henry Warren 1792-1802 

Nicholas Tillinghast 1803-05 

Chs. Pinckney Summer 1806-07 

Nicholas Tillinghast 1808-09 

Chs. Pinckney Summer .... 1810-11 



Benjamin Pollard 1812-21 

Pelham W. Warren 1822-31 

Luther S. Cushing 1832-43 

Charles W. Storey 1844-50 

Lewis Josselyn 1851-52 

William Schouler 1853 

William Stowe 1854 



* First year under biennial elections, 
t Resigned November 9, 1948. 

** Resigned as Speaker October 14, 1957. 
*** Elected Speaker January 1, 1958. 
I Elected Secretary of the Commonwealth December 20, 1967. 
° Elected Speaker December 20, 1967. Elected Attorney General January 23, 1969. 

• Elected Speaker January 23, 1969. Resigned July 1, 1975. 

# Elected Speaker July 1, 1975. 

+ Elected Speaker January 2, 1991. Resigned April 9, 1996. 
## Elected Speaker April 9. 1996: Resigned as Speaker September 28, 2004; Resigned 
December 31, 2004; January 5, 2005 declined to accept office. 
**** Elected Speaker September 29, 2004. 



344 



Organization of the Legislature. 



Henry A. Marsh .... 
William E. P. Haskell 

William Stowe 

William S. Robinson 
Charles H. Taylor . . . 



1855 James W. Kimball 1897-1928 



1856 

1857-61 

1862-72 

1873 

George A. Marden 1874-82 

Edward A. McLaughlin 1883-95 



Frank E. Bridgmanf . 
Lawrence R. GroveJ 
William C. Maiers** 
Wallace C. Mills+ . . 
Robert E. MacQueen* 
Steven T. James*** . 



1928-39 
1939-61 
1961-68 
1969-82 
1983-98 
1999- 



George T. Sleeper 



1896 



Samuel Cooper . . . 

John Clark 

Joseph Eckley . . . 
Samuel Cooper . . . 
Joseph Eckley . . . 
Peter Thacher .... 
Samuel Stillman . . 
Jeremy Belknap . . 
Peter Thacher .... 
Samuel Stillman . . 
Peter Thacher .... 
Thomas Baldwin . 
John T. Kirkland . 
Thomas Baldwin . 
John T. Kirkland . 
Thomas Baldwin . 
Charles Lowell . . . 

John Lathrop 

Thomas Baldwin . 

Elijah R. Sabin 

Horace Holly .... 
Joshua Huntington 

Samuel Cary 

Samuel C. Thacher 

Asa Eaton 

Daniel Sharp 



1780 

1781 

1782 

1783 

1784 

785-89 

1790 

1791 

792-93 

794-95 

796-99 

800-01 

1802 

1803 

1804 

805-07 

1808 

1809 

1810 

1811 

1812 

1813 

1814 

1815 

1816 

1817 



Thomas Baldwin 
William Jenks . . 
George Ripley . . 
Henry Ware, Jr. . 



Joseph Tuckerman 



Ralph W. Emerson 

Howard Malcolm 

Edward T. Taylor 

George W. Blagden . . . 

Ezra S. Gannett 

Samuel K. Lothrop 
William M. Rogers . . . 

Baron Stow 

Thomas S. King 

Ephraim Peabody 

George W. Blagden . . . 

Otis A. Skinner 

Joy H. Fairchild 

Benjamin Whittemore . 

Joseph H. Towne 

Robert C. Waterston . . 

Edwin H. Chapin 

Edward N. Kirk 

Frederic D. Huntington 



1818 
819-26 
1827 
1828 
1829 
1830 
1831 
1832 
832-33 
1834 
1835 
1835 
1836 
1836 
1837 
1837 
1838 
1839 
1839 
1840 
1840 
1841 
1842 
1842 
1843 
1843 



t Elected April 10, 1928, having served as assistant clerk since 1897; retired March 28, 

1939. 
% Elected March 28, 1939, having served as assistant clerk since 1928; retired May 26, 

1961. 
** Elected May 26, 1961, having served as assistant clerk since 1946. 
+ Elected January 1, 1969, having served as assistant clerk since 1961. 
• Elected Clerk January 5, 1983, having served as assistant clerk since 1969; resigned 

Jan. 6, 1999. 
"* Elected Clerk Jan. 6, 1999; having served as Assistant Clerk since 1997. 
§ There was no choice, and it was ordered, after balloting, that all the settled clergymen of 

Boston be invited by the Speaker to officiate alternately as Chaplain. 
° There was no choice, and it was ordered, after balloting, that the three clergymen having 

the highest votes should act as joint Chaplains. These were Lyman Beecher, Sebastian 

Streeter and Ezra S. Gannett. 



Organization of the Legislature. 



345 



Austin Phelps 

Chandler Robbins . 
William Hague 
William Jenks .... 
Samuel D. Robbins 
George Richards . . 

Silas Aiken 

S. Hale Higgins . . . 
Rollin H. Neale . . . 
Henry V. Degen . . . 
George M. Randall . 
Rufus W. Clark . . . 
Stephen Lovell .... 
Arthur B. Fuller . . . 
John H. Twombly . 
Abraham D. Merrill 

Daniel Foster 

Warren Burton .... 
Thomas Dodge .... 
Warren Burton .... 
Andrew L. Stone . . 
Phineas Stowe .... 

George S. Ball 

David Brenner .... 
Samuel F. Upham . 



1844 
1845 
1845 
1846 
1846 
1847 
1848 
1848 
1849 
1850 
1851 
1852 
1853 
1854 
1855 
1856 
1857 
1858 
1859 
1860 
1861 
1862 
1863 
1864 
1865 



Noah M. Gaylord 

Pliny Wood 

William R. Alger 

Orin T. Walker 

John A. M. Chapman . . . 

Charles C. Sewall 

Warren H. Cudworth . . . 
Robert G. Seymour 

Daniel W. Waldron 

William F. Dusseault . . . 

Donald B. Aldrich 

Harry W. Kimball 

Gardiner M. Day 

Abbot Peterson 

Dan Huntington Fenn . . . 

J. Caleb Justice 

Cornelius P. Trowbridge 

Howard P. Horn 

Howard P. Bozarth 

Elmore Brown 

Richard J. Quinlan 

Arthur Joseph Snow 
Christopher P. Griffin . . 

George V. Kerr* 

Robert F. Quinn# 



SERGE ANT- AT- ARMS, t 



Benjamin Stevens 1835-59 

John Morrissey 1859-74 

Oreb F. Mitchell 1875-85 

John G. B. Adams 1886-1900 

Charles G. Davis 1901-03 

David T. Remington 1904-09 

Thomas F. Pedrick 1910-20 

James Bearty 1920 



Charles O. HoltH .... 
Arthur R. Driscoll*. . . 
Leopold Lepore** . . . 
John J. Cavanaugh . . . 
Charles M. McGowan* 
Michael J. Rea, Jr.§§ . 
Kevin W. Fitzgerald . . 



1866 

1867 

1868 

1869 

1870 

1871 

1872 

1873-78 

879-1918 

1919-22 

1923-24 

1925-28 

1929 

1930-32 

1933-36 

1937-38 

1939-42 

1943 

1943-44 

1945-48 

1949-52 

1953-54 

1955-58 

1959-83 

1983- 



1921-49 
1949-62 
1962-63 
1963-75 
1976-90 
1990-02 
2003- 



SERGEANT-AT-ARMS FOR THE HOUSE. 
Octave O. Desmarais 1949-52 



t The office of Sergeant-at-Arms was established by law in 1835. Previous to that time Jacob 
Kuhn was Messenger to the General Court from 1786. William Baker preceded him from 
the first session under the Constitution in 1780-81, he having also served in a similar posi- 
tion for many years previously thereto. 

1 Resigned March 2 1 . 1 949. Mr. Driscoll was elected to fill the vacancy August 31, 1949. 

* Retired March 8, 1962. Mr. Lepore was elected to fill vacancy April 25, 1962. 

** Died May 24, 1963. Mr. Cavanaugh was elected to fill the vacancy November 13, 1963. 
c The office of Sergeant-at-Arms for the House was established by Chapter 806 of the Acts 

of 1949. 
** Elected January 26. 1976; Retired eif. May 1, 1990. 

• Died January 23, 1983. 

# Appointed to fill vacancy in the office of Chaplain, February 7, 1983. 
S§ Elected November 30, 1990. 



346 



Length of Legislative Sessions, Etc. 



Table showing the Length of the Session of the Legislature in 
Each Year since 1832. 



YEAR 


Convened 


Prorogued 


Total 
Days 


No. of 
Reps. 


1832 


January 4 
2 
1 
7 
6 
4 
3 
2 
1 
6 
5 
4 
3 
1 
7 
6 
5 
3 
2 
2 
7 
5 
4 
3 
1 
7 


March 24 

28 

April 2 

8 

16 

20 

25 

10 

March 24 

18 

3 

24 

16 

26 

April 16 

16 

May 10 

2 

3 

24 

22 

25 

April 29 

May 21 

June 6 

May 30 


80 
86 
92 
92 
102 
107 
113 
99 
84 
72 
58 
80 
74 
85 
100 
111 
127 
120 
122 
146 
137 
142 
116 
138 
158 
144 


528 


1833 . 


574 


1834 . 


570 


1835* . . 


615 


1836 

1837 


619 
635 


1838 

1839 


480 

521 


1840 . 


521 


1841 . 


397 


1842* . . 


336 


1843 

1844 


352 
321 


1845 . 


271 


1846 


264 


1847 . 


255 


1848* . . 


272 


1849 .... 


263 


1850 . 


297 


1851 


396 


1852 . 


402 


1853 . 


288 


1854 . 


310 


1855 . 


380 


1856 . 


329 


1857* . . 


357 







* There was an extra session of sixty-two days in 1835, to revise the statutes; one of 
nine days in 1842, to divide the Commonwealth into Congressional Districts; one of three 
days in 1848, to choose electors of President and Vice-President; one of eighteen days in 
1857, to establish districts for the choice of Councillors, Representatives and Senators, one 
of one hundred and thirteen days in 1859, to revise the general statutes; one of fourteen days 
in 1860, to consider the subject of the disease among the cattle of the Commonwealth; one 
often days in 1861, to consider the duty of the Commonwealth in relation to public affairs, 
consequent on the Rebellion; one of eight days in 1863, to provide for raising the quota 
under the call of the President of the United States of the 17th of October, 1863, for 
300,000 men; one of thirty days in 1872, to consider what legislation was necessary by 
reason of the great fire in Boston, November 9 and 10; one often days in 1881 and one of 
seven days in 1901, to act upon the report of a joint special committee to revise the statutes; 
one of three days in 1916, to legislate for Massachusetts soldiers called to the Mexican border 
and to provide for the reapportionment of Suffolk County into Representative districts; one 
of thirty-six days in 1919, to consider the street railway situation, the compensation of the 
State Guard for special duty in Boston, the appropriations of cities and towns for compen- 
sating school teachers and for other municipal purposes, the recognition of Provincetown 
in the Pilgrim Tercentenary celebration, etc.; one of sixteen days in 1920, to act upon the 
report of a joint special committee to revise the General Laws; one of three hours on 
October 20, 1930, to commemorate the tercentenary of the first General Court held in 



Length of Legislative Sessions, Etc. 



347 



Year 



Convened 



Prorogued 



Total 
Days 



January 6 

5 
4 
2 
1 
7 
6 
4 
3 
2 
1 

6 
5 
4 
3 
1 
7 
6 
5 
3 
2 
1 

7 
5 
4 
5 
2 
7 
6 
5 
4 
2 
1 
7 



May 



June 



May 



March 27 

April 6 

4 

11 

30 

29 

14 

17 

30 

1 

12 

24 

23 

31 

7 

June 12 

30 

May 19 

April 28 

May 17 

17 

April 30 

24 

13 

27 

27 

4 

19 

30 

16 

29 

7 

2 

11 



May 



July 
June 



May 
June 
July 
June 



81 
92 
92 
100 
120 
113 
130 
137 
147 
150 
164 
170 
170 
148 
126 
163 
175 
134 
115 
135 
136 
120 
109 
129 
144 
206 
155 
164 
176 
163 
147 
157 
183 
156 



Massachusetts; one of forty-six days in 1931, to consider changing the law relative to rates 
for compulsory motor vehicle liability insurance; one of twenty-seven days in 1933, to con- 
sider regulation and control of the liquor traffic; one of three days in 1938, to provide funds 
for the devastation caused by hurricane and floods; one of six days in 1942, to provide for 
the safety of the Commonwealth during the existence of the war emergency; one of fifteen 
days in 1944, to facilitate voting by citizens in the armed forces, and to issuance of licenses 
based upon safety of places of public assembly; one of six days in 1952 to repeal provisions 
of law providing pensions or retirement allowances for members of the General Court and 
other elected state officials and to revise the laws providing travel and other expenses for 
members and employees of the legislative branch; one of one day in 1 954 to provide funds 

t The number of Representatives remained at 240 from 1858 through 1978; the num- 
ber of Representatives beginning in 1979 has been 160. 



348 



Length of Legislative Sessions, Etc. 



Convened 



Prorogued 



Total 
Days 



Days of 
Sitting 



Senate 



January 



June 



17 
9 
2 

5 

10 
12 
23 

3 

17 
l'» 
28 
26 

9 
26 
29 
28 
13 
19 
15 
2N 
13 
20 

7 

4 

2 
26 

3 
25 

5 
28 
13 
26 

5 

2 

29 

April 28 

July 



July 
June 



July 
June 



May 
June 



July 
June 

July 
June 

May 
June 
July 
June 
May 
June 
May 
June 
May 



25 



163 
157 
181 
155 
162 
158 
170 
151 
196 
169 
179 
171 
156 
143 
178 
178 
165 
165 
162 
206 
163 
171 
182 
150 
150 
144 
153 
206 
151 
144 
161 
144 
156 
116 
144 
114 
204 



112 

107 
121 
102 
112 
108 
115 
104 
131 
114 
123 
119 
109 
101 
123 
125 
117 
116 
114 
140 
113 
120 
127 
104 
105 
101 
107 
144 
108 
100 
110 
99 
108 
79 
86 
69 
105 



for the alleviation of the destruction caused by the hurricane and to revise the law relative 
to the retirement of certain veterans of World War I; and one of three days in 1960 to con- 
sider the purchase of part of the former Old Colony Railroad right-of-way, the establishment of 
a state medical school, the continuity of terms of chairmen of the commissions on transporta- 
tion and public utilities, the establishment of the salaries of the clerks of the Newton District 
Court and the Second Plymouth District Court and the appropriation of money for the 
urban renewal division; one of one day in 1962 relative to cessation of service by 



Length of Legislative Sessions, Etc. 



349 



Prorogued 



Total 
Days 



Days of 

Sitting 



Senate 



1929 . 
1930*. 
1931*. 
1932 . 
1933*. 

1934 . 

1935 . 

1936 . 

1937 . 
1938*. 
1939f. 
1941*. 
1943*. 
1945J. 

1946 . 

1947 . 

1948 . 

1949 . 

1950 . 

1951 . 
1952*. 
1953 . 
1954*. 

1955 . 

1956 . 

1957 . 

1958 . 

1959 . 
1960*. 

1961 . 

1962 . 

1963 . 

1964 . 
1965*" 
1966*. 
1967** 
1968 . 
1969.. 
1970 . 



January 2 
1 
7 
6 
4 
3 
2 
1 

6 
5 
4 
1 
6 
3 
2 
1 
7 
5 
4 
3 
2 
7 
6 
5 
4 
2 
1 
7 
6 



June 
May 
June 

July 
June 
Aug. 
July 
May 
Aug. 

Nov. 
June 
July 
June 
July 
June 
Aug. 

Nov. 
July 

June 
Sept. 
Oct. 
Sept. 
Oct. 
Sept. 
Nov. 
May 
July 
Nov. 
July 



24 
10 

7 
22 
30 
15 

2 
29 
24 
12 

1 
12 
25 
15 

1 
19 
31 
19 
17 

5 

4 
11 
16 

6 
21 
17 
17 
24 
27 
27 
16 

4 



Jan. 4, '66 
Sept. 7 
Jan. 2, '68 
July 20 
Aug. 25 
Aug. 25 



158 

144 

155 

154 

2i)ii 

174 

226 

184 

144 [ 

232 I 

221 j 

305 

158 

204 

165 

182 

165 

239 

228 

314 

1N6 

174 
157 
255 
277 
262 
240 
254 
324 
144 
206 
319 
1X6 
364 
246 
364 
2()i) 
237 
237 



92 

89 
100 

92 
123 
114 
124 
106 

75 
115 
107 
166 

89 
119 

98 
111 

97 
140 
135 
179 

89 

92 

91 
141 
145 
142 
162 
143 
173 

82 
138 
181 
126 
204 
136 
197 
107 
135 
135 



the Metropolitan Transit Authority; one of twenty-four days in 1966 relative to mental 
health and mental retardation services, the extension of a runway at Logan Airport and 
establishing home rule procedures for cities and towns; one of six days in 1973 relative to 
the energy crisis; and one of two days in 1978 to consider the removal from office of 



350 



Length of Legislative Sessions, Etc. 



Prorogued 



Total 
Days 



Days of 

Sitting 



January 



Nov. 10 

July 9 

Nov. 30 

Aug. 2 

Jan. 6, '76 

Oct. 14 

Jan. 3, '78 

July 12 

Nov. 4 

July 5 

Jan. 5, '82 

Jan. 2, '83 

Jan. 3, '84 

Jan. 1, '85 

Dec. 31, '85 

Jan. 6, '87 

Jan. 5, '88 

Nov.23, '88 

Jan. 2, '90 

Jan. 1, '91 

Dec. 31, '91 

Jan. 5, '93 

Jan. 4, '94 

Jan. 3, '95 

Jan. 2, '96 

Dec. 31, '96 

Jan. 6, '98 

Jan. 5, '99 

Jan. 4 '00 

Jan. 2 '01 

Jan. 1 '02 

Dec. 31 '02 

Jan. 6 '04 

Jan. 4 '05 



309 
187 
331 
213 
371 
282 
364 
190 
306 
186 
364 
364 
363 
362 
364 
371 
364 
322 
364 
364 
364 
371 
364 
364 
364 
364 
371 
364 
364 
364 
363 
363 
371 
363 



171 
105 
180 
112 
158 
106 
167 

96 
134 

72 
124 
156 
134 
119 
136 
136 
144 
103 
128 
127 
124 
155 
153 
129 
115 
130 
131 
137 
126 
130 
130 
126 
132 
130 



Robert M. Bonin, Chief Justice of the Superior Court; one of five days in 1980 for the pur- 
pose of continuing the unfinished Constitutional Convention; one of three days in 1980 to 
consider legislation to permit the continuation of the Massachusetts Bay Transportation 
Authority; and one of six days in 1980 to consider legislation to permit the continuation of 
the Massachusetts Bay Transportation Authority. 

* See note on extra sessions on pages 392-396. 

t First year of biennial session. 

% First year of return to annual sessions. 
** Dissolved under Article X of the Amendments to the Constitution. 

§ First year of 160-member House of Representatives. 



Post Offices in Massachusetts. 351 

POST OFFICES IN MASSACHUSETTS, 

WITH THE CITIES OR TOWNS AND COUNTIES IN WHICH 
THEY ARE SITUATED 



The spelling of the names of post offices is that established 
by the United States Postal Service.] 



[Post offices marked t are in the Boston Postal Area.] 



POST OFFICES CITIES AND TOWNS COUNTIES 

Abington 02351 Abington Plymouth 

Accord 02018 Hingham Plymouth 

Acton 01720 Acton Middlesex 

Acushnet 02743 Acushnet Bristol 

Adams 01220 Adams Berkshire 

Agawam 01001 Agawam Hampden 

Airport 02109f Boston Suffolk 

Allerton 02045 Hull Plymouth 

Allston 02134t Boston Suffolk 

Amesbury 01913 Amesbury Essex 

Amherst 1 002 Amherst Hampshire 

Andover 01810 Andover Essex 

Aquinnah 02535 Aquinnah Dukes 

Arlington 02474 Arlington Middlesex 

Arlington Heights 02475 Arlington Middlesex 

Ashburnham 01430 Ashburnham Worcester 

Ashby 01431 Ashby Middlesex 

Ashfield 01330 Ashfield Franklin 

Ashland 01721 Ashland Middlesex 

Ashley Falls 01222 Sheffield Berkshire 

Assinippi 02339 Hanover Plymouth 

Assonet 02702 Freetown Bristol 

Assumption College 01609 Worcester Worcester 

Astor 02123f Boston Suffolk 

Athol 01331 Athol Worcester 

Attleboro 02703 Attleboro Bristol 



352 Post Offices in Massachusetts. 



POST OFFICES CITIES AND TOWNS COUNTIES 

Attleboro Falls 02763 North Attleborough. . . Bristol 

Auburn 01501 Auburn Worcester 

Auburndale 02466 Newton Middlesex 

Avon 02322 Avon Norfolk 

Ayer 01432 Ayer Middlesex 

Babson Park 02457 Wellesley Norfolk 

Back Bay Annex 021 1 7f Boston Suffolk 

Baldwinville 01436 Templeton Worcester 

Ballardvale 01810 Andover Essex 

Barnstable 02630 Barnstable Barnstable 

Barre 01005 Barre Worcester 

Bass River 02664 Dennis Barnstable 

Becket 01223 Becket Berkshire 

Bedford 01730 Bedford Middlesex 

Belchertown 01007 Belchertown Hampshire 

Bellingham 02019 Bellingham Norfolk 

Belmont 02478 Belmont Middlesex 

Berkley 02779 Berkley Bristol 

Berkshire 01224 Lanesborough Berkshire 

Berlin 01503 Berlin Worcester 

Bemardston 01337 Bernardston Franklin 

Beverly 01915 Beverly Essex 

Beverly Farms 01915 Beverly Essex 

Billerica 01821 Billerica Middlesex 

Blackstone 01504 Blackstone Worcester 

Blandford 01008 Blandford Hampden 

Bolton 01740 Bolton Worcester 

Bondsville 01009 Palmer Hampden 

Boston (Postmaster) 02205f Boston Suffolk 

Boston College 02467 Newton Middlesex 

Boston University 022 15| Boston Suffolk 

Bourne 02532 Bourne Barnstable 

Boxboro 01719 Boxborough Middlesex 

Boxford 01921 Boxford Essex 

Boylston 01505 Boylston Worcester 

Bradford 01835 Haverhill Essex 

Braintree 02184f Braintree Norfolk 

Brant Rock 02020 Marshfield Plymouth 

Brewster 02631 Brewster Barnstable 

Bridgewater 02324 Bridgewater Plymouth 

Brighton 02135f Boston Suffolk 

Brightwood 01 107 Springfield Hampden 



Post Offices in Massachusetts. 353 



POST OFFICES CITIES AND TOWNS COUNTIES 

Brimfield 01010 Brimfield Hampden 

Brockton 02303 Brockton Plymouth 

Brookfield 01506 Brookfield Worcester 

Brookline 02446 Brookline Norfolk 

Brookline Village 02447 Brookline Norfolk 

Bryantville 02327 Pembroke Plymouth 

Buckland 01338 Buckland Franklin 

Burlington 01803 Burlington Middlesex 

Buzzards Bay 02532 Bourne Barnstable 

Byfield 01922 Newbury Essex 

Cambridge 02138f Cambridge Middlesex 

Cambridge A 

(Campt.) 02139t Cambridge Middlesex 

Cambridge B 

(N. Cam.) 02140| Cambridge Middlesex 

Cambridge C 

(E. Cam.) 02141f Cambridge Middlesex 

Canton 0202 1 Canton Norfolk 

Carlisle 01741 Carlisle Middlesex 

Carver 02330 Carver Plymouth 

Cataumet 02534 Bourne Barnstable 

Cathedral 021 18| Boston Suffolk 

Center 02361 Plymouth Plymouth 

Centerville 02632 Barnstable Barnstable 

Central Village 02790 Westport Bristol 

Charlemont 01339 Charlemont Franklin 

Charles Street 021 14f Boston Suffolk 

Charlestown 02129f Boston Suffolk 

Charlton 01507 Charlton Worcester 

Charlton City 01508 Charlton Worcester 

Charlton Depot 01509 Charlton Worcester 

Chartley 02712 Norton Bristol 

Chatham 02633 Chatham Barnstable 

Chelmsford 01824 Chelmsford Middlesex 

Chelsea 02150f Chelsea Suffolk 

Cherry Valley 01611 Leicester Worcester 

Cheshire 01225 Cheshire Berkshire 

Chester 0101 1 Chester Hampden 

Chesterfield 01012 Chesterfield Hampshire 

Chestnut Hill 02167 Newton Middlesex 

Chicopee 01021 Chicopee Hampden 



354 Post Offices in Massachusetts. 



POST OFFICES CITIES AND TOWNS COUNTIES 

Chicopee Center 01013 Chicopee Hampden 

Chilmark 02535 Aquinnah Dukes 

Clarksburg 01247 North Adams Berkshire 

Clinton 01510 Clinton Worcester 

Cochituate 01778 Wayland Middlesex 

Cohasset 02025 Cohasset Norfolk 

Colrain 01340 Colrain Franklin 

Concord 01742 Concord Middlesex 

Conway 01341 Conway Franklin 

Cotuit 02635 Barnstable Barnstable 

Craigville 02636 Barnstable Barnstable 

Cummaquid 02637 Barnstable Barnstable 

Cummington 01026 Cummington Hampshire 

Cushman 01002 Amherst Hampshire 

Cuttyhunk 02713 Gosnold Dukes 

Dalton 01226 Dalton Berkshire 

Danvers 01923 Danvers Essex 

Dartmouth 02714 Dartmouth Bristol 

Dedham 02026 Dedham Norfolk 

Deerfield 01342 Deerfield Franklin 

Dennis 02638 Dennis Barnstable 

Dennis Port 02639 Dennis Barnstable 

Dighton 02715 Dighton Bristol 

Division Street 02744 New Bedford Bristol 

Dorchester 02122| Boston Suffolk 

Dorchester Center 02124f Boston Suffolk 

Dover 02030 Dover Norfolk 

Dracut 01826 Dracut Middlesex 

Drury 01343 Florida Berkshire 

Dudley 01571 Dudley Worcester 

Dudley Hill 01570 Webster Worcester 

Dunstable 01827 Dunstable Middlesex 

Duxbury 02332 Duxbury Plymouth 

East Arlington 02474 Arlington Middlesex 

East Boston 02128f Boston Suffolk 

East Bridgewater 02333 East Bridgewater .... Plymouth 

East Brookfield 01515 East Brookfield Worcester 

East Dedham 02026 Dedham Norfolk 

East Dennis 02641 Dennis Barnstable 

East Douglas 01516 Douglas Worcester 

East Falmouth 02536 Falmouth Barnstable 



Post Offices in Massachusetts. 



355 



POST OFFICES 



CITIES AND TOWNS 



COUNTIES 



East Freetown 02717 Freetown Bristol 

Eastham 02642 Eastham Barnstable 

Easthampton 01027 Easthampton Hampshire 

East Longmeadow 01028 East Longmeadow . . . Hampden 

East Lynn 01904 Lynn Essex 

East Mansfield 02031 Mansfield Bristol 

Easton 02334 Easton Bristol 

East Orleans 02643 Orleans Barnstable 

East Otis 01029 Otis Berkshire 

East Princeton 01517 Princeton Worcester 

East Sandwich 02537 Sandwich Barnstable 

East Taunton 02718 Taunton Bristol 

East Templeton 01438 Templeton Worcester 

East Walpole 02032 Walpole Norfolk 

East Wareham 02538 Wareham Plymouth 

East Watertown 02472 Watertown Middlesex 

East Weymouth 02189t Weymouth Norfolk 



Edgartown 02539 Edgartown 

Elms College 01013 Chicopee 

Elmwood 02337 East Bridgewater 

Erving 01344 Erving 

Essex 01929 Essex 

Essex 021 12t Boston 

Everett 02 149f Everett 

Fairhaven 02719 Fairhaven 

Fall River 02722 Fall River 

Falmouth 02540 Falmouth 

Fayville 01745 Southborough . . . 

Federal 01601 Worcester 

Feeding Hills 01030 Agawam 

Fiskdale 01518 



Dukes 

Hampden 

Plymouth 

Franklin 

Essex 

Suffolk 

Middlesex 

Bristol 
Bristol 
Barnstable 
Worcester 
Worcester 
Hampden 
Sturbridge Worcester 



Fitchburg 01420 Fitchburg . . . 

Flint 02723 Fall River . . . 

Florence 01060 Northampton 

Florida 01247 Florida 

Forestdale 02644 Sandwich . . . 

Forest Park 01 108 Springfield . . 

Forge Village 01886 Westford . . . 

Fort Devens 01433 Ayer 

Foxboro 02035 Foxborough . 

Framingham 01701 Framingham . 



Worcester 

Bristol 

Hampshire 

Berkshire 

Barnstable 

Hampden 

Middlesex 

Middlesex 

Norfolk 

Middlesex 



356 Post Offices in Massachusetts. 



POST OFFICES CITIES AND TOWNS COUNTIES 

Framingham Center 01701 Framingham Middlesex 

Franklin 02038 Franklin Norfolk 

Gardner 01440 Gardner Worcester 

Georgetown 01833 Georgetown Essex 

General Mail Facility 02205f . . . Boston Suffolk 

Gilbertville 01031 Hardwick Worcester 

Glendale 01229 Stockbridge Berkshire 

Gloucester 01930 Gloucester Essex 

Goshen 01032 Goshen Hampshire 

Grafton 01519 Grafton Worcester 

Granby 01033 Granby Hampshire 

Graniteville 01886 Westford Middlesex 

Granville 01034 Granville Hampden 

Great Barrington 01230 Great Barrington .... Berkshire 

Greenbush 02040 Scituate Plymouth 

Greendale 01606 Worcester Worcester 

Greenfield 01301 Greenfield Franklin 

Green Harbor 02041 Marshfield Plymouth 

Greenwood 01880 Wakefield Middlesex 

Groton 01450 Groton Middlesex 

Grove Hall 02121f Boston Suffolk 

Groveland 01834 Groveland Essex 

Hadley 01035 Hadley Hampshire 

Halifax 02338 Halifax Plymouth 

Hamilton 01936 Hamilton Essex 

Hampden 01036 Hampden Hampden 

Hancock 01237 Hancock Berkshire 

Hanover 02339 Hanover Plymouth 

Hanover Street 021 13| Boston Suffolk 

Hanscom A.F.B. 01731 Bedford Middlesex 

Hanson 02341 Hanson Plymouth 

Hardwick 01037 Hardwick Worcester 

Harvard 01451 Harvard Worcester 

Harvard Square 02138| Cambridge Middlesex 

Harwich 02645 Harwich Barnstable 

Harwich Port 02646 Harwich Barnstable 

Harwood 01460 Littleton Middlesex 

Hatfield 01038 Hatfield Hampshire 

Hathorne 01937 Danvers Essex 

Haverhill 01830 Haverhill Essex 

Hawley 01339 Hawley Franklin 



Post Offices in Massachusetts. 357 



POST OFFICES CITIES AND TOWNS COUNTIES 

Haydenville 01039 Williamsburg Hampshire 

Heath 01346 Heath Franklin 

Highland 01 109 Springfield Hampden 

Highlands 01851 Lowell Middlesex 

Hingham 02043 Hingham Plymouth 

Hinsdale 01235 Hinsdale Berkshire 

Holbrook 02343 Holbrook Norfolk 

Holden 01520 Holden Worcester 

Holland 01521 Holland Hampden 

Holliston 01746 Holliston Middlesex 

Holyoke 01040 Holyoke Hampden 

Hopedale 01747 Hopedale Worcester 

Hopkinton 01748 Hopkinton Middlesex 

Housatonic 01236 Great Barrington .... Berkshire 

Hubbardston 01452 Hubbardston Worcester 

Hudson 01749 Hudson Middlesex 

Hull 02045 Hull Plymouth 

Humarock 02047 Scituate Plymouth 

Huntington 01050 Huntington Hampshire 

Hyannis 02601 Barnstable Barnstable 

Hyannis Port 02647 Barnstable Barnstable 

Hyde Park 02136f Boston Suffolk 

Incoming Mail Center, 

North 02150f Chelsea Suffolk 

Indian Orchard 01151 Springfield Hampden 

Inman Square 02139f Cambridge Middlesex 

Internal Revenue Service 

Center 05501 Andover Essex 

Ipswich 01938 Ipswich Essex 

Islington 02090 Westwood Norfolk 

Jamaica Plain 02130t Boston Suffolk 

Jefferson 01522 Holden Worcester 

John Fitzgerald Kennedy 

021 14f Boston Suffolk 

John Fitzgerald Kennedy 

Library 02125f Boston Suffolk 

John W. McCormack 

Building 02108f Boston Suffolk 

Kendall Square 02142| Cambridge Middlesex 

Kenmore 02215f Boston Suffolk 



358 Post Offices in Massachusetts. 

POST OFFICES CITIES AND TOWNS COUNTIES 

Kingston 02364 Kingston Plymouth 

Lake Pleasant 01347 Montague Franklin 

Lakeville 02347 Lakeville Plymouth 

Lancaster 01523 Lancaster Worcester 

Lanesboro 01237 Lanesborough Berkshire 

Lanesville 01930 Gloucester Essex 

Lawrence 01842 Lawrence Essex 

Lee 01238 Lee Berkshire 

Leeds 01053 Northampton Hampshire 

Leicester 01524 Leicester Worcester 

Lenox 01240 Lenox Berkshire 

Lenox Dale 01242 Lenox Berkshire 

Leominster 01453 Leominster Worcester 

Leverett 01054 Leverett Franklin 

Leverett Saltonstall State 

Office Building 02202f Boston Suffolk 

Lexington 02473 1 Lexington Middlesex 

Leyden 01301 Greenfield Franklin 

Lincoln 01773 Lincoln Middlesex 

Lincoln Center 01773 Lincoln Middlesex 

Linwood 01525 Uxbridge Worcester 

Littleton 01460 Littleton Middlesex 

Longmeadow 01 106 Longmeadow Hampden 

Lowell 01853 Lowell Middlesex 

Ludlow 01056 Ludlow Hampden 

Lunenburg 01462 Lunenburg Worcester 

Lynn 01901 Lynn Essex 

Lynnfield 01940 Lynnfield Essex 

Magnolia 01930 Gloucester Essex 

Main Street 02532 Bourne Barnstable 

Main Street 01601 Worcester Worcester 

Maiden 02148| Maiden Middlesex 

Manchaug 01526 Sutton Worcester 

Manchester 01944 Manchester-by-the-Sea . Essex 

Manomet 02345 Plymouth Plymouth 

Mansfield 02048 Mansfield Bristol 

Marblehead 01945 Marblehead Essex 

Marion 02738 Marion Plymouth 

Marlborough 01752 Marlborough Middlesex 

Marshfield 02050 Marshfield Plymouth 

Marshfield Hills 02051 Marshfield Plymouth 



Post Offices in Massachusetts. 359 



POST OFFICES CITIES AND TOWNS COUNTIES 

Marstons Mills 02648 Barnstable Barnstable 

Mashpee 02649 Mashpee Barnstable 

Mattapan 02126t Boston Suffolk 

Mattapoisett 02739 Mattapoisett Plymouth 

Maynard 01754 Maynard Middlesex 

Medfield 02052 Medfield Norfolk 

Medford 02155t Medford Middlesex 

Medway 02053 Medway Norfolk 

Medway Village 02053 Medway Norfolk 

Melrose 02176f Melrose Middlesex 

Mendon 01756 Mendon Worcester 

Menemsha 02552 Aquinnah Dukes 

Merrimac 01860 Merrimac Essex 

Merrimack College 01845 North Andover Essex 

Methuen 01844 Methuen Essex 

Middleboro 02346 Middleborough Plymouth 

Middlefield 01243 Middlefield Hampshire 

Middleton 01949 Middleton Essex 

Milford 01757 Milford Worcester 

Millbury 01527 Millbury Worcester 

Millers Falls 1 349 Montague Franklin 

Millis 02054 Millis Norfolk 

Mill River 01244 New Marlborough . . . Berkshire 

Millville 01529 Millville Worcester 

Milton 02186t Milton Norfolk 

Milton Village 021871 Milton Norfolk 

Minot 02055 Scituate Plymouth 

M.I.T. 02139t Cambridge Middlesex 

Monponsett 02350 Hanson Plymouth 

Monroe 01350 Monroe Franklin 

Monroe Bridge 01350 Monroe Franklin 

Monson 01057 Monson Hampden 

Montague 01351 Montague Franklin 

Monterey 01245 Monterey Berkshire 

Montgomery 01085 Montgomery Hampden 

Monument Beach 02553 Bourne Barnstable 

Mount Herman 01354 Northfield Franklin 

Mount Pleasant 02745 New Bedford Bristol 

Mount Saint James 01610 Worcester Worcester 

Mount Tom 01027 Easthampton Hampshire 

Nabnasset 01886 Westford Middlesex 

Nahant 01908 Nahant Essex 



360 Post Offices in Massachusetts. 



POST OFFICES CITIES AND TOWNS COUNTIES 

Nantucket 02554 Nantucket Nantucket 

Natick 01760 Natick Middlesex 

Needham 02492 Needham Norfolk 

Needham Heights 02494 Needham Norfolk 

New Ashford 01237 New Ashford Berkshire 

New Bedford 02740 New Bedford Bristol 

New Braintree 01531 New Braintree Worcester 

Newbury 01951 Newbury Essex 

Newburyport 01950 Newburyport Essex 

New Salem 01355 New Salem Franklin 

New Seabury 02649 Mashpee Barnstable 

Newton 02458 Newton Middlesex 

Newton Center 02459 Newton Middlesex 

Newton Highlands 02461 Newton Middlesex 

Newton Lower Falls 02462 Newton Middlesex 

Newton Upper Falls 02464 Newton Middlesex 

Newtonville 02460 Newton Middlesex 

New Town 02458 Newton Middlesex 

Nonantum 02495 Newton Middlesex 

Noquochoke 02790 Westport Bristol 

Norfolk 02056 Norfolk Norfolk 

North 02746 New Bedford Bristol 

North Abington 02351 Abington Plymouth 

North Adams 01247 North Adams Berkshire 

North Amherst 01059 Amherst Hampshire 

Northampton 01060 Northampton Hampshire 

North Andover 1 845 North Andover Essex 

North Attleboro 02760 North Attleborough . .. Bristol 

North Billerica 01862 Billerica Middlesex 

Northborough 01532 Northborough Worcester 

Northbridge 01534 Northbridge Worcester 

North Brookfield 01535 North Brookfield Worcester 

North Carver 02355 Carver Plymouth 

North Chatham 02650 Chatham Barnstable 

North Chelmsford 01863 Chelmsford Middlesex 

North Dartmouth 02747 Dartmouth Bristol 

North Dighton 02764 Dighton Bristol 

North Eastham 02651 Eastham Barnstable 

Northeastern University 021 15f - - Boston Suffolk 

North Easton 02356 Easton Bristol 

North Egremont 01252 Egremont Berkshire 

North Falmouth 02556 Falmouth Barnstable 



Post Offices in Massachusetts. 361 



POST OFFICES CITIES AND TOWNS COUNTIES 

Northfield 01360 Northfield Franklin 

North Grafton 01536 Grafton Worcester 

North Hatfield 01066 Hatfield Hampshire 

North Marshfield 02059 Marshfield Plymouth 

North Oxford 01537 Oxford Worcester 

North Pembroke 02358 Pembroke Plymouth 

North Quincy 02 1 7 1 1 Quincy Norfolk 

North Reading 01864 North Reading Middlesex 

North Scituate 02060 Scituate Plymouth 

North Truro 02652 Truro Barnstable 

North Uxbridge 01538 Uxbridge Worcester 

North Waltham 02454 Waltham Middlesex 

North Weymouth 02 19 If Weymouth Norfolk 

Norton 02766 Norton Bristol 

Norwell 02061 Norwell Plymouth 

Norwood 02062 Norwood Norfolk 

Nutting Lake 01865 Billerica Middlesex 

Oak Bluffs 02557 Oak Bluffs Dukes 

Oakdale 01539 West Boylston Worcester 

Oakham 01068 Oakham Worcester 

Ocean Bluff 02065 Marshfield Plymouth 

Onset 02558 Wareham Plymouth 

Orange 01364 Orange Franklin 

Orchard Street 02744 New Bedford Bristol 

Orleans 02653 Orleans Barnstable 

Osterville 02655 Barnstable Barnstable 

Otis 01253 Otis Berkshire 

Otis Air Force Base 02542 Bourne Barnstable 

Oxford 01540 Oxford Worcester 

Padanaram Village 02748 Dartmouth Bristol 

Palmer 01069 Palmer Hampden 

Paxton 01612 Paxton Worcester 

Peabody 01960 Peabody Essex 

Pelham 01002 Pelham Hampshire 

Pembroke 02359 Pembroke Plymouth 

Pepperell 01463 Pepperell Middlesex 

Peru 01235 Peru Berkshire 

Petersham 01366 Petersham Worcester 

Phillipston 01331 Phillipston Worcester 

Pigeon Cove 01966 Rockport Essex 

Pinehurst 01866 Billerica Middlesex 



362 Post Offices in Massachusetts. 



POST OFFICES CITIES AND TOWNS COUNTIES 

Pittsfield 01201 Pittsfield Berkshire 

Plainfield 01070 Plainfield Hampshire 

Plainville 02762 Plainville Norfolk 

Plymouth 02360 Plymouth Plymouth 

Plympton 02367 Plympton Plymouth 

Pocasset 02559 Bourne Barnstable 

Porter Square 02140| Cambridge Middlesex 

Prides Crossing 01965 Beverly Essex 

Princeton 01541 Princeton Worcester 

Provincetown 02657 Provincetown Barnstable 

Prudential Center 02199| Boston Suffolk 

Quincy 02269f Quincy Norfolk 

Quinsigamond Village 01607 . . . Worcester Worcester 

Randolph 02368 Randolph Norfolk 

Raynham 02767 Raynham Bristol 

Raynham Center 02768 Raynham Bristol 

Reading 01867 Reading Middlesex 

Readville 02137f Boston Suffolk 

Rehoboth 02769 Rehoboth Bristol 

Revere 021511 Revere Suffolk 

Richmond 01254 Richmond Berkshire 

Riverdale 01930 Gloucester Essex 

Rochdale 01542 Leicester Worcester 

Rochester 02770 Rochester Plymouth 

Rockland 02370 Rockland Plymouth 

Rockport 01966 Rockport Essex 

Roslindale 02 1 3 1 f Boston Suffolk 

Rowe 01367 Rowe Franklin 

Rowley 01969 Rowley Essex 

Roxbury 021 19t Boston Suffolk 

Roxbury Crossing 02120f Boston Suffolk 

Royalston 01368 Royalston Worcester 

Russell 01071 Russell Hampden 

Rutland 01543 Rutland Worcester 

Sagamore 02561 Bourne Barnstable 

Sagamore Beach 02562 Bourne Barnstable 

Salem 01970 Salem Essex 

Salem State College 01970 Salem Essex 

Salisbury 01952 Salisbury Essex 

Salisbury Beach 01952 Salisbury Essex 



Post Offices in Massachusetts. 363 



POST OFFICES CITIES AND TOWNS COUNTIES 

Sandisfield 01255 Sandisfield Berkshire 

Sandwich 02563 Sandwich Barnstable 

Saugus 01906 Saugus Essex 

Savoy 01256 Savoy Berkshire 

Saxonville 01701 Framingham Middlesex 

Scituate 02066 Scituate Plymouth 

Seekonk 02771 Seekonk Bristol 

Sharon 02067 Sharon Norfolk 

Shattuckville 01369 Colrain Franklin 

Shawsheen Village 01810 Andover Essex 

Sheffield 01257 Sheffield Berkshire 

Shelburne Falls 01370 Shelburne Franklin 

Sheldonville 02070 Wrentham Norfolk 

Sherborn 01770 Sherborn Middlesex 

Shirley 01464 Shirley Middlesex 

Shirley Center 01464 Shirley Middlesex 

Shrewsbury 01545 Shrewsbury Worcester 

Shutesbury 01072 Shutesbury Franklin 

Siasconset 02564 Nantucket Nantucket 

Silver Beach 02565 Falmouth Barnstable 

Snug Harbor 02332 Duxbury Plymouth 

Soldiers Field 02163t Boston Suffolk 

Somerset 02726 Somerset Bristol 

Somerville 02143t Somerville Middlesex 

South 02724 Fall River Bristol 

Southampton 01073 Southampton Hampshire 

South Attleboro 02703 Attleboro Bristol 

South Barre 01074 Barre Worcester 

Southborough 01772 Southborough Worcester 

South Boston 02127t Boston Suffolk 

Southbridge 01550 Southbridge Worcester 

South Carver 02366 Carver Plymouth 

South Chatham 02659 Chatham Barnstable 

South Chelmsford 01824 Chelmsford Middlesex 

South Dartmouth 02748 Dartmouth Bristol 

South Deerfield 01373 Deerfield Franklin 

South Dennis 02660 Dennis Barnstable 

South Easton 02375 Easton Bristol 

South Egremont 01258 Egremont Berkshire 

Southfield 01259 New Marlborough . . . Berkshire 

South Framingham 01701 Framingham Middlesex 

South Grafton 01560 Grafton Worcester 



364 Post Offices in Massachusetts. 



POST OFFICES CITIES AND TOWNS COUNTIES 

South Hadley 01075 South Hadley Hampshire 

South Hamilton 01982 Hamilton Essex 

South Harwich 02661 Harwich Barnstable 

South Lancaster 01561 Lancaster Worcester 

South Lee 01260 Lee Berkshire 

South Lynnfield 1 940 Lynnfield Essex 

South Orleans 02662 Orleans Barnstable 

South Postal Annex 02205 f Boston Suffolk 

South Royalston 01331 Royalston Worcester 

South Walpole 02071 Walpole Norfolk 

South Waltham 02454 Waltham Middlesex 

South Wellfleet 02663 Wellfleet Barnstable 

South Weymouth 02190f Weymouth Norfolk 

Southwick 01077 Southwick Hampden 

South Yarmouth 02664 Yarmouth Barnstable 

Spencer 01562 Spencer Worcester 

Springfield 01101 Springfield Hampden 

State House 02133| Boston Suffolk 

Sterling 01564 Sterling Worcester 

Still River 01467 Harvard Worcester 

Stockbridge 01262 Stockbridge Berkshire 

Stoneham 02180| Stoneham Middlesex 

Stoughton 02072 Stoughton Norfolk 

Stow 01775 Stow Middlesex 

Sturbridge 01566 Sturbridge Worcester 

Sudbury 01776 Sudbury Middlesex 

Sunderland 01375 Sunderland Franklin 

Sutton 01590 Sutton Worcester 

Swampscott 01907 Swampscott Essex 

Swansea 02777 Swansea Bristol 

Taunton 02780 Taunton Bristol 

Teaticket 02536 Falmouth Barnstable 

Templeton 01468 Templeton Worcester 

Tewksbury 01876 Tewksbury Middlesex 

Thomas P. O'Neill, Jr., Federal 

Office Building 02222f Boston Suffolk 

Thorndike 01079 Palmer Hampden 

Three Rivers 01080 Palmer Hampden 

Tolland 01034 Tolland Hampden 

Topsfield 01983 Topsfield Essex 

Townsend 01469 Townsend Middlesex 



Post Offices in Massachusetts. 365 



POST OFFICES CITIES AND TOWNS COUNTIES 

Tremont 021 16t Boston Suffolk 

Truro 02666 Truro Barnstable 

Tufts University 02153 | Medford Middlesex 

Turners Falls 01376 Montague Franklin 

Turnpike 01545 Shrewsbury Worcester 

Tyngsboro 01879 Tyngsborough Middlesex 

Tyringham 01264 Tyringham Berkshire 

Univ. of Massachusetts 01003 . . . Amherst Hampshire 

Univ. of Massachusetts 02125f . . . Boston Suffolk 

Uphams Corner 021251 Boston Suffolk 

Upton 01568 Upton Worcester 

Uxbridge 01569 Uxbridge Worcester 

Village of Nagog Woods 01718 . . Acton Middlesex 

Vineyard Haven 02568 Tisbury Dukes 

Waban 02468 Newton Middlesex 

Wakefield 01880 Wakefield Middlesex 

Wales 01081 Wales Hampden 

Wallis Street 01960 Peabody Essex 

Walpole 02081 Walpole Norfolk 

Waltham 02454 Waltham Middlesex 

Waquoit 02536 Falmouth Barnstable 

Ward Hill 01835 Haverhill Essex 

Ware 01082 Ware Hampshire 

Wareham 02571 Wareham Plymouth 

Warren 01083 Warren Worcester 

Warwick 01378 Warwick Franklin 

Watertown 02472 Watertown Middlesex 

Waverly 02479 Belmont Middlesex 

Wayland 01778 Wayland Middlesex 

Webster 01570 Webster Worcester 

Webster Square 01603 Worcester Worcester 

Wellesley 02481 Wellesley Norfolk 

Wellesley Hills 02481 Wellesley Norfolk 

Wellfleet 02667 Wellfleet Barnstable 

Wendell 01379 Wendell Franklin 

Wendell Depot 01380 Wendell Franklin 

Wenham 01984 Wenham Essex 

West Acton 01720 Acton Middlesex 

West Barnstable 02668 Barnstable Barnstable 

Westborough 01581 Westborough Worcester 



366 Post Offices in Massachusetts. 



POST OFFICES CITIES AND TOWNS COUNTIES 

West Boxford 01885 Boxford Essex 

West Boylston 01583 West Boylston Worcester 

West Bridgewater 02379 West Bridgewater .... Plymouth 

West Brookfield 01585 West Brookfield Worcester 

West Chatham 02669 Chatham Barnstable 

West Chesterfield 01084 Chesterfield Hampshire 

West Chop 02573 Vineyard Haven Dukes 

West Concord 01742 Concord Middlesex 

West Dennis 02670 Dennis Barnstable 

West Falmouth 02574 Falmouth Barnstable 

Westfield 01085 Westfield Hampden 

Westford 01886 Westford Middlesex 

West Groton 01472 Groton Middlesex 

Westhampton 01027 Westhampton Hampshire 

West Hanover 02339 Hanover Plymouth 

West Harwich 02671 Harwich Barnstable 

West Hatfield 01088 Hatfield Hampshire 

West Hyannisport 02672 Barnstable Barnstable 

West Lynn 01905 Lynn Essex 

West Medford 02156| Medford Middlesex 

Westminster 01473 Westminster Worcester 

West Newbury 01985 West Newbury Essex 

West Newton 02465 Newton Middlesex 

Weston 02493 Weston Middlesex 

West Otis 01245 Otis Berkshire 

Westover AFB 01022 Chicopee Hampden 

West Peabody 01960 Peabody Essex 

Westport 02790 Westport Bristol 

Westport Point 02791 Westport Bristol 

West Roxbury 02132| Boston Suffolk 

West Side 01602 Worcester Worcester 

West Somerville 02144f Somerville Middlesex 

West Springfield 01089 West Springfield Hampden 

West Stockbridge 01266 West Stockbridge .... Berkshire 

West Tisbury 02575 West Tisbury Dukes 

West Townsend 01474 Townsend Middlesex 

West Wareham 02576 Wareham Plymouth 

West Warren 01092 Warren Worcester 

Westwood 02090 Westwood Norfolk 

West Yarmouth 02673 Yarmouth Barnstable 

Weymouth 02188| Weymouth Norfolk 

Whately 01093 Whately Franklin 



Post Offices in Massachusetts. 367 



POST OFFICES CITIES AND TOWNS COUNTIES 

Wheelwright 01094 Hardwick Worcester 

White Horse Beach 02381 Plymouth Plymouth 

Whitinsville 01588 Northbridge Worcester 

Whitman 02382 Whitman Plymouth 

Wilbraham 01095 Wilbraham Hampden 

Wilkinsonville 01590 Sutton Worcester 

Williamsburg 01096 Williamsburg Hampshire 

Williamstown 01267 Williamstown Berkshire 

Wilmington 01887 Wilmington Middlesex 

Winchendon 01475 Winchendon Worcester 

Winchendon Springs 01477 Winchendon Worcester 

Winchester 01890 Winchester Middlesex 

Windsor 01270 Windsor Berkshire 

Winter Hill 02145t Somerville Middlesex 

Winthrop 02152t Winthrop Suffolk 

Woburn 01801 Woburn Middlesex 

Wollaston 02170f Quincy Norfolk 

Woods Hole 02543 Falmouth Barnstable 

Woodville 01784 Hopkinton Middlesex 

Worcester 01613 Worcester Worcester 

Woronoco 01097 Russell Hampden 

Worthington 01098 Worthington Hampshire 

Wrentham 02093 Wrentham Norfolk 

Yarmouth Port 02675 Yarmouth Barnstable 



368 County Officers. 

MEDICAL EXAMINERS 

[See Chapter 38 of the General Laws.] 



Office of the Chief Medical Examiner 

Headquarters 

720 Albany Street 

Boston, MA 02118 

(617) 267-6767 

Fax (617) 266-6783 

(800) 962-7877 (within Massachusetts) 

Richard J. Evans, M.D., Chief Medical Examiner 

Catchment areas: Suffolk County, Norfolk County, Essex County. 

Middlesex County, parts of Worcester County including the 

city of Worcester and towns east. 
District Medical Examiners may be contacted via Headquarters. 

Office of the Chief Medical Examiner 
Southeast Region (800) 222-5999 

James Weiner, M.D., Associate Chief Medical Examiner 

Catchment areas: Barnstable County, Plymouth County, Dukes County, 

Nantucket County. 
District Medical Examiners may be contacted via the Southeast Regional 

Office. 

Office of the Chief Medical Examiner 

Western Region 

1221 Main Street 

Catherine Horan Building 

Suite 115 

Springfield, MA 01 109 

(413) 538-6213 

Fax (413) 538-6862 

(800) 445-5889 (within Massachusetts) 

Joann Richmond, M.D., Deputy Chief Medical Examiner 

Catchment areas: Hampden County, Hampshire County, Berkshire 
County, Franklin County, and parts of Worcester County west 
of the city of Worcester. 

District Medical Examiners may be contacted through their regional 
offices. 



The Judiciary 

AND 

District Attorneys 



Judiciary. 
JUDICIARY. 



371 



Judges of the Superior Court of Judicature of the Province of 
Massachusetts Bay, from 1692 to 1775. * 

CHIEF JUSTICES. 

APPOINTED. LEFT THE BENCH. 

1692. William Stoughton, 1701. Resigned. 

1701. Wait Winthrop, 1701. Resigned. 

1702. Isaac Addington, 1703. Resigned. 

1708. Wait Winthrop, 1717. 

1718. Samuel Sewall, 1728. Resigned. 

1729. Benjamin Lynde, 1745. 

1745. Paul Dudley, 1751. 

1752. Stephen Sewall, 1760. 

1761. Thomas Hutchinson, 1769. Resigned. 

1769. Benjamin Lynde, 1771. Resigned. 

1772. Peter Oliver, 1775. Removed at Revolution. 

JUSTICES. 

1692. Thomas Danforth, 1699. 

1692. Wait Winthrop, 1701. Resigned. 

1692. John Richard, 1694. 

1692. Samuel Sewall 1728. (Appointed C. J., 1718.) 

1695. Elisha Cooke, 1702. Removed. 

1700. JohnWalley, 1712. 

1701. John Saffin, 1702. Removed. 

1702. John Hathorne, 1712. Resigned. 

1702. John Leverett, 1708. Resigned. 

1708. Jonathan Curwin, 1715. Resigned. 

1712. Benjamin Lynde, 1745. (Appointed C. J., 1729.) 

1712. Nathaniel Thomas, 1718. Resigned. 

1715. Addington Davenport 1736. 

1718. Paul Dudley, 1751. (Appointed C. J., 1745.) 

1718. Edmund Quincy, 1737. 

1728. John Cushing, 1733. Removed. 

1733. Jonathan Remington, 1745. 

1736. Richard Saltonstall, 1756. 

1737. Thomas Greaves, 1738. Resigned. 



DIED. 

1701. 
1717. 
1715. 
1717. 
1730. 
1745. 
1751. 
1760. 
1780. 
1781. 
1791. 



1699. 
1717. 
1694. 
1730. 
1715. 
1712. 
1710. 
1717. 
1724. 
1718. 
1745. 
1718. 
1736. 
1751. 
1737. 
1737. 
1745. 
1756. 
1747. 



* The judges died in office, except where otherwise stated. See "Sketches of the 
ludicial History of Massachusetts." by Emory Washburn, 1840, p. 241. 



372 



Judiciary. 



APPOINTED LEFT THE BENCH. 

1739. Stephen Sewall, 1760. (Appointed C. J., 1752.) 

1745. Nathaniel Hubbard, 1746. Resigned. 

1745. Benjamin Lynde, 1771. (Appointed C. J., 1769.) 

1747. John Cushing, 1771. Resigned. 

1752. Chambers Russell, 1766. 

1756. Peter Oliver, 1775. (Appointed C. J., 1772.) 

1767. Edmund Trowbridge 1775. Resigned. 

1771. Foster Hutchinson, 1775. Removed at Revolution. 

1772. Nathaniel Ropes, 1774. 

1772. William Cushing, 1775. Removed at Revolution. 

1774. William Browne, 1775. Removed at Revolution. 



Justices of the Superior Court of Judicature and the 

Supreme Judicial Court of Massachusetts since the Revolution. 

The latter was established July 3, 1 782. 

CHIEF JUSTICES. 

APPOINTED. LEFT THE BENCH. 

1775. John Adams, 1776. Resigned.* 

1777. William Cushing, 1789. Resigned.! 

1790. Nathaniel Peaslee Sargent, . . 1791. 

1791. Francis Dana, 1806. Resigned. 

1806. Theophilus Parsons, 1813. 

1814. Samuel Sewall, 1814. 

1814. Isaac Parker, 1830. 

1830. Lemuel Shaw, 1860. Resigned. 

1860. George Tyler Bigelow, 1868. Resigned. 

1868. Reuben Atwater Chapman, . 1873. 

1873. Horace Gray,* 1882. 

1882. Marcus Morton, 1890. Resigned. 

1890. Walbridge Abner Field, .... 1899. 

1899. Oliver Wendell Holmes, § .. 1902. 

1902. Marcus Perrin Knowlton, .. . 1911. Resigned. 

1911. Arthur Prentice Rugg, 1938. 

1938. Fred Tarbell Field, 1947. Resigned. 

* Mr. Adams never took his seat on the bench. 

t Chief Justice Cushing resigned on being appointed one of the Justices of the Supreme 
Court of the United States. 

% Chief Justice Gray vacated his office by accepting an appointment as one of the 
Justices of the Supreme Court of the United States. 

§ Chief Justice Holmes vacated his office by accepting an appointment as one of the 
Justices of the Supreme Court of the United States. 



Judiciary. 



373 



APPOINTED. LEFT THE BENCH. DIED. 

Stanley Elroy Qua, 1956. Resigned. 1965. 

Raymond Sanger Wilkins, . . 1970. Resigned. 1971. 

G. Joseph Tauro, 1976. Retired. 1994. 

Edward F. Hennessey, 1989. Retired. 

Paul J. Liacos, 1996. Retired. 1999. 

Herbert P. Wilkins, 1999. Retired. 

Margaret H. Marshall. 

JUSTICES. 

William Cushing, 1789. (Appointed C. J., 1777.) 1810. 

Nathaniel Peaslee Sargent, . . 1791. (Appointed C. J., 1790.) 1791. 

William Reed, 1776. Superseded. 1780. 

Jedediah Foster, 1779. 1779. 

James Sullivan, 1782. Resigned. 1808. 

David Sewall, 1789. Resigned.* 1825. 

Increase Sumner, 1797. Res. to become Gov'r. 1799. 

Francis Dana, 1806. (Appointed C. J., 1791.) 1811. 

Robert Treat Paine, 1804. Resigned. 1814. 

Nathan Cushing, 1800. Resigned. 1812. 

Thomas Dawes, 1802. Resigned. 1825. 

Theophilus Bradbury, 1803. Removed, t 1803. 

Samuel Sewall, 1814. (Appointed C. J., 1814.) 1814. 

Simeon Strong, 1805. 1805. 

George Thacher, 1824. Resigned. 1824. 

Theodore Sedgwick, 1813. 1813. 

Isaac Parker, 1830. (Appointed C. J., 1814.) 1830. 

Charles Jackson, 1823. Resigned. 1855. 

Daniel Dewey, 1815. 1815. 

Samuel Putnam, 1842. Resigned. 1853. 

Samuel Sumner Wilde, .... 1850. Resigned. 1855. 

Levi Lincoln, 1825. Res. to become Gov'r. 1868. 

Marcus Morton, 1840. Res. to become Gov'r. 1864. 

Charles Augustus Dewey, .. 1866. 1866. 

Samuel Hubbard, 1847. 1847. 

Charles Edward Forbes, 1848. Resigned. 1881. 

Theron Metcalf, 1865. Resigned. 1875. 

Richard Fletcher, 1853. Resigned. 1869. 

George Tyler Bigelow, 1868. (Appointed C. J., 1860.) 1878. 

Caleb Cushing, 1853. Resigned. J 1879. 

* Mr. Justice Sewall resigned on being appointed Judge of the United States District 
Court for the District of Maine. 

t Mr. Justice Bradbury was removed on account of physical disability. 

% Mr. Justice Cushing resigned on being appointed to the office of Attorney-General of 
the United States. 



374 



Judiciary. 



APPOINTED. LEFT THE BENCH. 




DIED. 


1853 


Benjamin Franklin Thomas, . 


1859 


Resigned. 




1878. 


1853 


Pliny Merrick, 


1864 


Resigned. 




1867. 


1859 


Ebenezer Rockwood Hoar, . 


1869 


Resigned. * 




1895. 


1860 


Reuben Arwater Chapman, . 


1873 


(Appointed C. J. 


1868.) 


1873. 


1864 


Horace Gray, Jr., 


1882 


(Appointed C. J. 
Resigned. 


1873.) 


1902. 


1865 


James Denison Colt, 


1866 


1881. 


1866 


Dwight Foster, 


1869 


Resigned. 




1884. 


1866 


John Wells 


1875 






1875. 


1868 


James Denison Colt, 


1881 






1881. 


1869 


Seth Ames, 


1881 


Resigned. 
(Appointed C. J. 
Resigned. 




1881. 


1869 


Marcus Morton, 


1890 


1882.) 


1891. 


1873 


Wm. Crowninshield Endicott, 


1882 


1900. 


1873 


Charles Devens, Jr., 


1877 


Resigned. | 
Resigned. 




1891. 


1875 


Otis Phillips Lord, 


1882 




1884. 


1877 


Augustus Lord Soule, 


1881 


Resigned. 




1887. 


1881 


Walbridge Abner Field, .... 


1899 


(Appointed C. J. 


1890.) 


1899. 


1881 


Charles Devens, f 


1891 






1891. 


1881 


William Allen, 


1891 






1891. 


1882 


Charles Allen, 


1898 


Resigned. 
(Appointed C. J. 




1913. 


1882 


Waldo Colburn, 


1885 
1902 


1899.) 


1885. 


1882 


Oliver Wendell Holmes, . . . 


1935. 


1885 


William Sewall Gardner, . . . 


1887 


Resigned. 




1888. 


1887 


Marcus Perrin Knowlton, . . . 


1911 


(Appointed C. J. 


1902.) 


1918. 


1890 


James Madison Morton, .... 


1913 


Resigned. 




1923. 


1891 


John Lathrop, 


1906 


Resigned. 




1910. 


1891 


James Madison Barker, .... 


1905 






1905. 


1898 


John Wilkes Hammond, .... 


1914 


Resigned. 




1922. 


1899 


William Caleb Loring, 


1919 


Resigned. 




1930. 


1902 


Henry King Braley, 


1929 






1929. 


1905 


Henry Newton Sheldon, .... 


1915 


Resigned. 




1925. 


1906 


Arthur Prentice Rugg, 


1938 


(Appointed C. J. 


1911.) 


1938. 


1911 


Charles Ambrose DeCourcy, 


1924 






1924. 


1913 


John Crawford Crosby, .... 


1937 






1943. 


1914 


Edward Peter Pierce, 


1937 






1938. 


1915 


James Bernard Carroll, 


1932 






1932. 


1919 


Charles Francis Jenney, .... 


1923 






1923. 


1923 


William Cushing Wait, .... 


1934 






1935. 


1924 


George Augustus Sanderson, 


1932 






1932. 



* Mr. Justice Hoar resigned on being appointed to the office of Attorney-General of the 
United States. 

t Mr. Justice Devens resigned on being appointed to the office of Attorney-General of 
the United States, and was reappointed to the Supreme Bench in 1881. 



Judiciary. 



375 



APPOINTED. LEFT THE BENCH. 

1929. Fred Tarbell Field, 1947. (Appointed C. J., 1938.) 

1932. Charles Henry Donahue, ... 1944. Resigned. 

1932. Henry Tilton Lummus, 1955. Resigned. 

1934. Stanley Elroy Qua, 1956. (Appointed C. J., 1947.) 

1937. Arthur Walter Dolan, 1949. Resigned. 

1937. Louis Sherburne Cox, 1944. Retired. 

1938. James Joseph Ronan, 1959. Retired. 

1944. Raymond Sanger Wilkins, . . 1970. (Appointed C. J., 1956.) 

1944. John Varnum Spalding, 1971. Retired. 

1947. Harold Putnam Williams, . . . 1962. Resigned. 

1949. Edward A. Counihan, Jr., . . . 1960. Retired. 

1955. Arthur E. Whittemore, 1969. 

1956. R. Ammi Cutter, 1972. Retired. 

1960. Paul G. Kirk, 1971. Retired. 

1961. Jacob J. Spiegel, 1972. Retired. 

1962. Paul Cashman Reardon, .... 1977. Retired. 

1969. Francis J. Quirico, 1981. Retired. 

1970. G. Joseph Tauro 1976. (Appointed C. J., 1970.) 

1971. Robert Braucher 1981. 

1971. Edward F. Hennessey 1989. (Appointed C. J., 1976.) 

1972. Benjamin Kaplan, 1981. Retired. 

1972. Herbert P. Wilkins, 1999. (Appointed C. J., 1996.) 

1976. Paul J. Liacos, 1996. (Appointed C. J., 1989.) 

1977. Ruth I. Abrams, 2000. Retired. 

1981. Joseph R. Nolan, 1995. Retired. 

1981. Neil L. Lynch 2000. Retired. 

1981. Francis P. O'Connor, 1997. Retired. 

1989. John M. Greaney. 

1995. Charles Fried, 1999. Resigned. 

1996. Margaret H. Marshall, (Appointed C.J., 1999) 

1997. Roderick L. Ireland. 
1999. Francis X. Spina. 

1999. Judith A. Cowin. 

2000. Martha B. Sosman. 
2000. Robert J. Cordy. 



DIED 

1950. 
1952. 
1960. 
1965. 
1949. 
1961. 
1960. 
1971. 
1981. 
1965. 
1961. 
1969. 
1993. 
1981. 
1984. 
1988. 
1999. 
1994. 
1981. 



1999. 



376 



Judiciary. 



Justices of the Appeals Court since its Establishment in 1972. 
CHIEF JUSTICES. 

APPOINTED. LEFT THE BENCH. DIED. 

1972. Allan M. Hale, 1984. Retired. 1997. 

1984. John M. Greaney, 1989. (App'd to Sup. Jud. Ct., 1989.) 

1989. Joseph P. Warner, 2000. Retired. 2002. 

2000. Christopher J. Armstrong. 

ASSOCIATE JUSTICES. 

APPOINTED. LEFT THE BENCH. DIED. 

1972. David A. Rose, 1976. Retired. 1995. 

1972. Edmund V. Keville, 1979. Retired. 

1972. Reuben Goodman, 1982. 1982. 

1972. Donald R. Grant, 1988. Retired. 

1972. Christopher J. Armstrong,. . . (Ap'd C.J., 2000) 

1976. Frederick L. Brown. 

1978. John M. Greaney, 1989. (Ap'd S.J.C., 1989.) 

1 978. Charlotte Anne Peretta. 

1979. Raya S. Dreben, 1997. Retired. 

1979. Rudolph Kass, 2000. Retired. 

1980. Joseph R. Nolan, 1981. (Ap'd Sup. Jud. Ct., 1981.) 

1981. Kent B. Smith, 1997. Retired. 

1982. Joseph P. Warner, 2000. Retired. (Ap'd C. J., 1989) 2002. 

1984. Edith W. Fine, 1995. Retired. 1995. 

1989. George Jacobs. 

1990. Gerald Gillerman, 1994. Retired. 

1990. Elizabeth A. Porada. 

1990. Roderick L. Ireland, 1997. (App'd. to Sup. Jud. Ct., 1997.) 

1990. Mel L. Greenberg. 

1990. Kenneth Laurence. 

1995. J. Harold Flannery, 1998. 1998. 

1995. Barbara A. Lenk. 

1997. Francis X. Spina, 1999. (App'd to Sup. Jud. Ct., 1999) 

1997. Susan S. Beck. 

1998. Phillip Rapoza. 

1999. Andre A. Gelinas. 

2000. Fernande R.V. Duffly. 

2000. Elspeth B. Cypher. 

2001. John H.Mason. 
200 1 . Joseph A. Grasso, Jr. 
2001. R. Marc Kantrowitz. 
2001. William I. Cowin. 



Judiciary. 



377 



LEFT THE BENCH. 



2001. 
2001. 
2001. 
2001. 
2001. 
2001. 
2001. 
2001. 



Janis M. Berry. 
Gordon L. Doerfer. 
James F. McHugh. 
Scott L. Kafker. 
Cynthia J. Cohen. 
David A. Mills. 
Mark V. Green. 
Joseph A. Trainor. 



Justices of the Court of Common Pleas, from its Establishment 
in 1820 until its Abolition in 1859. 

CHIEF JUSTICES. 

APPOINTED. LEFT THE BENCH. 

1820. Artemas Ward, 1839. Resigned. 

1839. John Mason Williams, 1844. Resigned. 

1844. Daniel Wells, 1854. 

1854. Edward Mellen, 1859. 

JUSTICES. 

APPOINTED. LEFT THE BENCH. 

1820. Solomon Strong, 1842. Resigned. 

1820. John Mason Williams, 1844. (Appointed C. J., 1839.) 

1820. Samuel Howe, 1828. 

1828. David Cummins, 1844. Resigned. 

1839. Charles Henry Warren, .... 1844. Resigned. 

1842. Charles Allen, 1844. Resigned. 

1843. Pliny Merrick, 1848. Resigned. 

1844. Joshua Holyoke Ward, 1848. 

1844. Emory Washburn, 1847. Resigned. 

1844. Luther Stearns Cushing, 1848. Resigned. 

1845. Harrison Gray Otis Colby, . . 1847. Resigned. 

1847. Charles Edward Forbes, .... 1848. App'd to Sup. Jud. Ct. 

1847. Edward Mellen, 1859. (Appointed C. J., 1854.) 

1848. George Tyler Bigelow, 1850. App'd to Sup. Jud. Ct. 

1848. Jonathan Cogswell Perkins, . 1859. 

1848. Horatio Byington, 1856. 

1848. Thomas Hopkinson, 1849. Resigned. 

1849. Ebenezer Rockwood Hoar, . 1855. Resigned. 

1850. Pliny Merrick, 1853. App'd to Sup. Jud. Ct. 

1851. Henry Walker Bishop, 1859. 

1853. George Nixon Briggs, 1859. 



DIED. 

1847. 
1868. 
1854. 
1875. 



DIED. 

1850. 
1868. 
1828. 
1855. 
1874. 
1869. 
1867. 
1848. 
1877. 
1856. 
1853. 
1881. 
1875. 
1878. 
1877. 
1856. 
1856. 
1895. 
1867. 
1871. 
1861. 



378 Judiciary. 



1854. George Partridge Sanger 1859. 1890. 

1855. Henry Morris, 1859. 1888. 

1856. David Aiken, 1859. 1895. 

Justices of the Superior Court for the County of Suffolk from its 
Establishment in 1855 until its Abolition in 1859. 

CHIEF JUSTICES. 

APPOINTED. LEFT THE BENCH. DIED 

1855. Albert Hobart Nelson, 1857. 1858. 

1858. Charles Allen,* 1859. 1869. 

JUSTICES. 

1855. Josiah Gardner Abbot 1858. 1891. 

1855. Charles Phelps Huntington, . 1859. 1868. 

1855. Stephen Gordon Nash, 1859. 1894. 

1858. Marcus Morton,t 1859. 1891. 

Justices of the Superior Court since its Establishment in 1859. 
CHIEF JUSTICES. 

APPOINTED. LEFT THE BENCH. DIED. 

1859. Charles Allen, 1867. Resigned. 1869. 

1867. SethAmes, 1869. App'd to Sup. Jud. Ct. 1881. 

1869. Lincoln Flagg Brigham, ... . 1890. Resigned. 1895. 

1890. Albert Mason, 1905. 1905. 

1905. John Adams Aiken, 1922. Resigned. 1927. 

1922. Walter Perley Hall, 1937. Resigned. 1942. 

1937. John Patrick Higgins, 1955. 1955. 

1955. Paul Cashman Reardon 1962. App'd to Sup. Jud. Ct. 1988. 

1962. G. Joseph Tauro, 1970. App'd C. J., Sup. Jud. Ct. 1994. 

1970. Walter H. McLaughlin,** .. 1977. Retired. 1995. 

1977. Robert M. Bonin, 1978. Resigned. 

1978. James P. Lynch, Jr.,*** .... 1983. 

* In 1 859 Charles Allen became the first Chief Justice of the Superior Court of the 
Commonwealth. 

t In 1859 Marcus Morton became one of the Associate Justices of the Superior Court 
of the Commonwealth. 

** In 1977 Chief Justice Walter H. McLaughlin was compelled to retire once he 
reached the mandatory retirement age of 70. 

*** Under the provisions of Chapter 478 of the Acts of 1978 (Judicial Reform Act) the 
term of the office for the Chief Justice of the Superior Court is five years. After a term has been 
completed, the former chief justice reverts to being an associate justice of the Superior Court. 



Judiciary. 



379 



APPOINTED LEFT THE BENCH. 

1983. Thomas R. Morse, Jr., 1988. Retired. 

1988. Robert L. Steadman, 1993. Retired. 

1993. John J. Irwin, Jr., 1998. (App'd. C.A.J. Trial Court) 

1 994. Robert A. Mulllgan,***(see footnote on previous page) 

1 999. Suzanne V. Del Vecchio. 



DIED. 

1991. 





JU! 


5TICES. 




APPO 


NTED. LEFT THE BENCH. 


DIED. 


1859 




1886 


Resigned. 

App'd to Sup. Jud. Ct. 


1888 


1859 


Otis Phillips Lord, 


1875. 


1884. 


1859 


Marcus Morton, 


1869. 


App'd to Sup. Jud. Ct. 
(Appointed C. J., 1867.) 


1891 


1859 


Seth Ames, 


1869. 


1881 


1859 


Ezra Wilkinson, 


1882. 


1882. 


1859 


Henry Vose, 


1869 




1869 


1859 


Thomas Russell, 


1867. 


Resigned. 


1887 


1859 


John Phelps Putnam, 


1882. 


1882. 


1859 


Lincoln Flagg Brigham, . . . 


1890. 


(Appointed C. J., 1869.) 


1895. 


1867 


Chester Isham Reed 


1871. 


Resigned. 


1873. 


1867 


Charles Devens, Jr., 


1873. 


App'd to Sup. Jud. Ct. 


1891. 


1869 


Henry Austin Scudder 


1872. 


Resigned. 


1895. 


1869 


Francis Henshaw Dewey, . . . 


1881. 


Resigned. 


1887. 


1869 


Robert Carter Pitman, 


1891. 




1891. 


1871 


John William Bacon, 


1888. 




1888. 


1871 


William Allen, 


1881. 


App'd to Sup. Jud. Ct. 


1891 


1873 


Peleg Emory Aldrich, 


1895. 


1895. 


1875 


Waldo Colburn 


1882. 


App'd to Sup. Jud. Ct. 
App'd to Sup. Jud. Ct. 


1885 


1875 


William Sewall Gardner, . . . 


1885. 


1888. 


1881 


Hamilton Barclay Staples. . . 


1891. 




1891. 


1881 


Marcus Perrin Knowlton, . . . 


1887. 


App'd to Sup. Jud. Ct. 


1918. 


1882 


Caleb Blodgett, 


1900. 


Resigned. 


1901. 


188? 


Albert Mason, 


1905. 


(Appointed C. J., 1890.) 
App'd to Sup. Jud. Ct. 


1905 


1882 


James Madison Barker, .... 


1891. 


1905. 


1885 


Charles Perkins Thompson, . 


1894. 




1894. 


1886 


John Wilkes Hammond, .... 


1898. 


App'd to Sup. Jud. Ct. 


1922. 


1886 


Justin Dewey, 


1900. 




1900. 


1887 


Edgar Jay Sherman 


1911. 


Retired. 


1914. 


1888 


John Lathrop, 


1891. 


App'd to Sup. Jud. Ct. 


1910. 


1888 


James Robert Dunbar 


1898. 


Resigned. 


1915. 


1888 


Robert Roberts Bishop 


1909. 




1909. 


1890 


Daniel Webster Bond 


1911. 




1911. 


1891 


Henry King Braley, 


1902. 


App'd to Sup. Jud. Ct. 


1929. 


1891 


John Hopkins, 


1902 




1902 


1891 


Elisha Burr Maynard 


1906. 




1906. 



380 



Judiciary. 



APPOINTED. LEFT THE BENCH. 

1891. 



Franklin Goodridge Fessender 


, 1922. 


Resigned. 




John William Corcoran, .... 


1893. 


Resigned. 




James Bailey Richardson, . . 


1911. 






Charles Sumner Lilley, .... 


1900. 


Resigned. 




Henry Newton Sheldon, .... 


1905. 


App'd to Sup. 


Jud. Ct. 


Francis Almon Gaskill, .... 


1909. 






John Henry Hardy, 


1917. 






Henry Wardwell, 


1898. 


Resigned. 




William Burnham Stevens, . 


1917. 


Resigned. 




Charles Upham Bell, 


1917. 


Resigned. 




John Adams Aiken, 


1922. 


(Appointed C 


J., 1905.) 


Frederick Lawton, 


1926. 


Resigned. 




Edward Peter Pierce, 


1914. 


App'd to Sup. 


Jud. Ct. 


Jabez Fox, 


1921. 


Retired. 




Charles Ambrose DeCourcy, 


1911. 


App'd to Sup. 


Jud. Ct. 


Robert Orr Harris, 


1911. 


Resigned. 




Lemuel LeBaron Holmes, . . 


1907. 






William Cushing Wait, .... 


1923. 


App'd to Sup. 


Jud. Ct. 


William Schofield, 


1911. 


Resigned. 




Lloyd Everett White, 


1921. 


Resigned. 




Loranus Eaton Hitchcock, . . 


1920. 






John Crawford Crosby, .... 


1913. 


App'd to Sup. 


Jud. Ct. 


John Joseph Flaherty, 


1906. 






William Franklin Dana, .... 


1920. 


Resigned. 




John Freeman Brown, 


1924. 






Henry Amasa King, 


1923. 


Resigned. 




George Augustus Sanderson, 


1924. 


App'd to Sup. 


Jud. Ct. 


Robert Fulton Raymond, . . . 


1929. 






Marcus Morton, 


1939. 
1919. 


App'd to Sup. 




Charles Francis Jenney, .... 


Jud. Ct. 


Joseph Francis Quinn, 


1929. 






John Dwyer McLaughlin, . . 


1931. 






Walter Perley Hall 


1937. 


(Appointed C 


J., 1922.) 


Hugo Adelard Dubuque, . . . 


1928. 






John Bernard Ratigan, 


1915. 






Patrick Michael Keating, . . . 


1935. 






Nathan Dexter Pratt, 


1914. 






Frederick Hathaway Chase, . 


1920. 


Resigned. 




Richard William Irwin, .... 


1929. 


Resigned. 




William Hamilton, 


1918. 






Christopher Theodore Callahan, 1929. 






James Bernard Carroll, 


1915. 


App'd to Sup. 


Jud. Ct. 


James Henry Sisk, 


1937. 


Resigned. 





Judiciary. 



381 



APPOINTED. LEFT THE BENCH 

1915. Philip Joseph O'Connell, ... 1931. 

Webster Thayer, 1933. 

Charles Edward Shattuck, . . 1918. 

Franklin Tweed Hammond, . 1 940. 

Nelson Pierce Brown, 1946. 

Louis Sherburne Cox, 1937. 

Edward Lyman Shaw, 1921. 

Fred'k Woodbury Fosdick, . 1943. 

Elias Bullard Bishop, 1934. 

George Aloysius Flynn, .... 1928. 

Henry Tilton Lummus, 1932. 

William Adams Burns, 1949. 

Stanley Elroy Qua, 1934. 

Alonzo Rogers Weed, 1936. 

Frederick Joseph Macleod, . 1935. 

Joseph Walsh, 1946. 

Winfred Holt Whiting, 1937. 

Edward Thomas Broadhurst, 1955. 
Fred'c Brendlesome Greenhalge, 1945. 

Charles Henry Donahue, ... 1932. 

David Abraham Lourie. .... 1930. 

Franklin Freeman, 1926. 

Wilford Drury Gray, 1939. 

David Francis Dillon 1948. 

Harold Putnam Williams, ... 1947. 

Walter Leo Collins, 1959. 

Daniel Theodore O ' Connell, 1958. 

Thomas Jasper Hammond, . . 1946. 

John Mellen Gibbs 1937. 

Raoul Henri Beaudreau, .... 1956. 

Edward Francis Hanify, .... 1954. 

Abraham Edward Pinanski. . 1949. 

James Corcoran Donnelly, . . 1952. 

John Joseph Burns, 1934. 

Frank Joseph Donahue, .... 1973. 

Lewis Goldberg, 1973. 

John Edward Swift, 1967. 

Vincent Brogna, 1960. 

George Francis Leary, 1954. 

Joseph Alphonsus Sheehan, . 1942. 

Thomas Henry Dowd, 1958. 

Joshua Arthur Baker, 1951. 

Joseph Leo Hurley, 1956. 





DIED. 




1931. 




1933. 




1918. 


Resigned. 


1959. 




1946. 


App'd to Sup. Jud. Ct. 


1961. 


Resigned. 


1943. 




1943. 




1934. 




1928. 




1960. 


Resigned. 


1951. 


App'd to Sup. Jud. Ct. 


1965. 




1936. 




1935. 




1946. 




1937. 




1955. 


Resigned. 


1954. 


App'd to Sup. Jud. Ct. 


1952. 




1930. 




1926. 




1939. 




1948. 


App'd to Sup. Jud. Ct. 


1965. 


Resigned. 


1975. 


Resigned. 


1958. 




1946. 




1937. 


Resigned. 


1956. 




1954. 




1949. 




1952. 


Resigned. 


1957. 


Retired. 


1979. 


Retired. 


1974. 




1967. 




1960. 




1954. 




1942. 


Resigned. 


1958. 




1951. 




1956. 



382 



Judiciary. 



APPOINTED. LEFT THE BENCH 

1937. Francis Joseph Good, 1958. 

1937. Jesse Whitman Morton, 1962. 

1937. William Clement Giles, .... 1956. 

1937. Paul Grattan Kirk, 1960. 

1939. Allan Gordon Buttrick, .... 1951. 

1939. Felix Forte, 1973. 

1940. Joseph Everett Warner 1958. 

1942. John Varnum Spalding, ... . 1944. 

1943. Charles Codman Cabot, .... 1947. 

1944. John Vincent Sullivan, 1962. 

1945. Richard M. Walsh, 1946. 

1946. Eugene A. Hudson, 1972. 

1946. Edward J. Voke, 1965. 

1946. Frank J. Murray, 1967. 

1946. Daniel D. O'Brien, 1963. 

1947. Horace Tracy Cahill, 1973. 

1947. Frank Edward Smith, 1973. 

1948. Charles Fairhurst, 1973. 

1949. Charles A. Rome, 1959. 

1949. David G. Nagle, 1960. 

1951. John Henry Meagher, 1978. 

1952. Wilfred J. Paquet, 1973. 

1952. Edward A. Pecce, 1970. 

1954. Edmund R. Dewing, 1965. 

1954. Reuben L. Lurie, 1973. 

1956. Donald M. Macaulay, 1971. 

1956. George E. Thompson, 1973. 

1956. Francis J. Quirico, 1969. 

1956. Charles S. Bolster 1966. 

1958. JohnM. Noonan 1971. 

1958. Frank W. Tomasello 1973. 

1958. Edward O. Gourdin, 1966. 

1958. August C. Taveira, 1983. 

1958. John W. Coddaire, Jr., 1975. 

1958. Stanley W. Wisnioski, 1961. 

1958. James L. Vallely, 1983. 

1958. Edward J. DeSaulnier, Jr.,. . . 1972. 

1958. Robert Sullivan, 1976. 

1959. Jennie Loitman Barron, .... 1969. 

1959. Francis John Good, 1982. 

1960. Daniel J. O'Connell, Jr., . . . . 1962. 

1960. David A. Rose, 1972. 

1960. Thomas J. Spring, 1974. 







DIED 






1958. 






1962. 


Retired. 




1959. 


App'd to Sup. 


Jud. Ct. 


1981. 


Retired. 




1954. 


Retired. 




1975. 
1958. 


App'd to Sup. 


Jud. Ct. 


1981. 


Resigned. 




1976 
1962 


Retired. 




1952 
1972 
1965 


App'd U.S. Dist. Ct. 


1995 






1963 


Retired. 




1976 


Retired. 




1978 


Retired. 




1975 
1959 
1960 


Retired. 




1988 


Retired. 




1987 


Retired. 




1973 


Retired. 




1981 


Retired. 




1985 


Retired. 




1980 
1973 


App'd to Sup. 


Jud. Ct. 


1998 


Retired. 






Retired. 




1975 


Retired. 




1986 
1966 


Retired. 






Retired. 




1989 
1961 


Retired. 




1995 


Resigned. 




1990 
1976 
1969 


Retired. 




1994 


Resigned. 




1977 


App'd Appeal 


s Court. 


1995 


Retired. 




1980 



Judiciary. 



383 



APPOINTED. LEFT THE BENCH 

1960. Vincent R. Brogna 1982. 

G. Joseph Tauro, 1970. 

Francis L. Lappin, 1985. 

Joseph Ford, 1984. 

Thomas J. O'Malley 1969. 

Harry Kalus, 1974. 

Amedeo V. Sgarzi 1973. 

Robert H. Beaudreau 1980. 

Henry H. Chmielinski, Jr., . . 1982. 

Cornelius J. Moynihan 1975. 

George P. Ponte 1975. 

Frederick S. Pillsbury 1966. 

Joseph K. Collins 1973. 

Joseph S. Mitchell, Jr 1992. 

Edward F. Hennessey, 1971. 

Allan M. Hale, 1972. 

Walter H. McLaughlin, .... 1977. 

Samuel T. Tisdale, 1979. 

James Charles Roy 1977. 

Andrew R. Linscott, 1984. 

Edward H. Bennett, Jr., .... 1983. 

Henry M.Leen 1977. 

Alan J. Dimond 1986. 

Levin H. Campbell, 1972. 

Paul V. Rutledge 1986. 

Paul K. Connolly, 1976. 

Thomas E. Dwyer, 1986. 

John Francis Moriarty, 1997. 

Herbert F. Travers, Jr., 1997. 

Paul A. Tamburello 1976. 

John J. McNaught, 1979. 

Ruth I. Abrams, 1977. 

George J. Hayer 1985. 

James P. Lynch, Jr., 1991. 

Kent Benedict Smith, 1981. 

Raymond R. Cross 1991 . 

Roger Joseph Donohue 1994. 

Eileen P. Griffin, 1986. 

Arthur M. Mason, 1992. 

David S. Nelson, 1979. 

Harry Zarrow, 1976. 

Robert J. Hallisey, 1990. 

James P. McGuire, 1979. 



Retired. 




(Appointed C. J., 1962.) 


1994 


Retired. 


1993 


Retired. 


1997 




1969 


Retired. 


1980 


Retired. 


1991 




1980 


Retired. 


1983 


Retired. 


1986 


Retired. 


1991 


Resigned. 


1996 


Retired. 


1988 


Retired. 


1999 


App'd to Sup. Jud. Ct. 




App'd C.J. Appeals Ct. 


1997 


(Appointed C. J., 1970.) 


1995 


Retired. 


1995 


Retired. 


1990 


Retired. 


1989 


Retired. 


1997 


Retired. 


1997 


Retired. 




App'd U.S. District Ct. 




Retired. 


1993 


Retired. 


1996 


Retired. 


2002 


Retired. 


1999 


Retired. 




Retired. 


1992 


App'd U.S. District Ct. 


1994 


App'd to Sup. Jud. Ct. 




Retired. 




Retired. (C. J. 1978-1983.) 


App'd Appeals Ct. 




Retired. 




Retired. 




Retired. 


2001 


Retired. (C.A.J.- T.C.) 




App'd U.S. Dist. Ct. 


1995 


Retired. 


1990 


Retired. 




Retired. 


1999 



384 



Judiciary. 



APPOINTED. LEFT THE BENCH 

1973. Samuel Adams, 1982. 

1973. John P. Sullivan, 1992. 

1973. Thomas R. Morse, Jr., 1988. 

1973. John Tracy Ronan, 1992. 

1974. Francis W. Keating, 1987. 

1974. Robert S. Prince, 1988. 

1976. A. David Mazzone, 1978. 

1976. John M. Greaney, 1978. 

1976. Francis P. O'Connor, 1981. 

1976. Charles R. Alberti, 1992. 

1976. John J. Irwin, Jr., 1998. 

1976. Paul G. Garrity, 1984. 

1976. Gordon L. Doerfer, 1981. 

1977. Edith W. Fine, 1984. 

1978. William W. Simons 1993. 

1978. William G. Young, 1985. 

1978. Joseph R. Nolan, 1980. 

1979. Robert A. Barton, 2000. 

1979. Robert V. Mulkern, 1992. 

1979. Rudolph F. Pierce, 1985. 

1979. John F. Murphy, Jr., 1997. 

1979. James P. Donohue. 

1979. Augustus F. Wagner, Jr., . . . 1986. 

1979. Chris Byron, 1992. 

1979. Herbert Abrams, 1993. 

1979. Andrew G. Meyer, 1993. 

1979. Robert L. Steadman, 1996. 

1979. William C. O'Neil, Jr., 1991. 

1979. Hiller B. Zobel, 1999. 

1979. Elizabeth Dolan, 1999. 

1979. Peter F. Brady, 2003. 

1979. Richard S. Kelley, 1996. 

1979. William K. Mone, 1982. 

1980. George N. Hurd, Jr., 1989. 

1980. Lawrence B. Urbano, 1991. 

1980. Walter E. Steele, 1996. 

1981. William H. Carey, 1996. 

1981. George Jacobs, 1989. 

1982. Elizabeth Porada, 1990. 

1982. Sandra L. Hamlin. 

1982. Gerald F. O'Neill, Jr., 2001. 

1982. James D. McDaniel, Jr., .... 2002. 

1982. John D. Sheehan, 1992. 



DIED. 

Resigned. 

Retired. 

Retired. (C. J. 1983-1988) 1991. 

Retired. 

1987. 
Retired. 

App'd U.S. Dist. Ct. 
App'd App. Ct. & S.J.C. 
App'd to Sup. Jud. Ct. 
Retired. 

Retired. (C.A.J.-Trial Ct.) 
Resigned. 
Resigned. 

App'd Appeals Court. 1995. 

Retired. 

App'd U.S. Dist. Ct. 
App'd App. Ct. & S.J.C. 
Retired. 
Retired. 
Resigned. 
Retired. 

Resigned. 

Retired. 

Retired. 

Retired. 

Retired. (C. J. 1988-1993.) 

Retired. 1991. 

Retired. 

Retired. 

Retired. 

Retired. 

1982. 
Retired. 
Retired. 
Retired. 
Retired. 

App'd Appeals Court. 
App'd Appeals Court. 



Retired. 
Retired. 
Retired. 



1997. 



Judiciary. 



385 



APPOINTED. LEFT THE BENCH. 

George C. Keady, Jr., 1994. Retired. 

Vieri Volterra, 2002. Retired. 

James J. Nixon, Jr., 1994. Retired. 

Elbert Turtle, 1992. Retired. 

Robert A. Mulligan, (C. J., 1994-1999) 

John L. Murphy, Jr., 1994. Retired. 

Mel L. Greenberg, 1990. App'd Appeals Ct. 

Harry J. Elam, 1988. Retired. 

{Catherine Liacos Izzo, 1996. Retired. 

J. Harold Flannery, 1995. App'd Appeals Ct. 

Paul A. Chernoff. 
Barbara J. Rouse. 

James F. McHugh, 2001 . App'd Appeals Ct. 

Cortland A. Mathers, 1994. Retired. 

Charles M. Grabau. 

Suzanne DelVecchio (App't C.J., 1999) 

Robert W. Banks, 1997. Retired. 

R. Malcolm Graham. 

William H. Welch, 1997. Retired. 

Constance M. Sweeney. 
Catherine A. White. 
John C. Cratsley. 

John M. Xifaras, 2000. Retired. 

J. Owen Todd, 1992. Resigned. 

Barbara A. Dortch-Okara,. . . App'd C. A. J.- Trial Ct. 

Wendie I. Gershengorn. 

Patrick J. King, 2003. Retired. 

Daniel A. Ford. 
Robert H. Bohn, Jr. 

David M. Roseman, 1999. Retired. 

Elizabeth B. Donovan. 
Margot Botsford. 
Peter M. Lauriat. 
Patrick F. Brady. 

Patti B. Saris, 1994. App'd U.S. Dist. Ct. 

Gordon L. Doerfer 2001 . App'd Appeals Ct. 

Julian T. Houston. 

Charles F. Barrett, 2000. Retired. 

Thomas E. Connolly. 
John A. Tierney. 

Richard G. Stearns, 1994. App'd U.S. Dist. Ct. 

Elizabeth Butler. 

John J. O'Brien, 2000. Retired. 



1998. 



1998. 



386 



Judiciary. 



Ap'd Ap Ct. & S.J.C. 
App'd Sup. Jud. Ct. 
Resigned. 



APPOINTED. LEFT THE BENCH. 

1990. Richard F. Connon. 

1990. George A. O'Toole, 1995. App'd U.S. Dist. Ct. 

1990. Charles J. Hely. 

1991 . Judith A. Cowin, 2000. App'd Sup. Jud. Ct. 

1992. Charles T. Spurlock. 
1992. Stephen E. Neel. 
1992. Regina L. Quinlan. 

1 992 . Isaac Borenstein. 

1992. Mary-Lou Rup. 

1992. Daniel F. Toomey, 2002. 

1993. Francis X. Spina, 1997. 

1993. Martha B. Sosman, 2000. 

1993. Maria I. Lopez, 2003. 

1993. E. Susan Garsh. 

1993. Margaret R. Hinkle. 

1993. Howard J. Whitehead. 

1993. Judd J. Carhart. 

1993. James P. Dohoney, 1998. 

1993. Thayer Fremont-Smith, 2001. 

1993. Richard J. Chin. 

1993. Joseph A. Grasso, Jr., 2001. 

1993. Barbara A. Lenk, 1995. 

1994. Christine M. McEvoy. 
1994. Richard E. Welch, III. 

1994. Bertha D. Josephson. 

1995. Herman J. Smith, Jr. 
1995. Raymond J. Brassard. 

1995. Diane M. Kottmyer. 

1996. Francis R. Fecteau. 
1996. CarolS. Ball. 

1996. Philip Rivard-Rapoza, 1998. App'd Appeals Ct. 

1996. Lawrence B. Wernick. 

1996. Judith Fabricant. 

1996. Mitchell J. Sikora, Jr. 

1996. Nonnie S. Burnes. 

1996. Allan vanGestel. 

1996. Nancy Staffier. 

1997. C. Brian McDonald. 

1997. Ralph D. Gants. 

1998. Peter A. Velis. 
1998. Thomas J. Curley, Jr. 
1998. Linda E. Giles. 



2002. 



1998. 



Retired. 

App'd Appeals Ct. 
App'd Appeals Ct. 



Judiciary. 387 



APPOINTED. LEFT THE BENCH. 

1998. Timothy S. Hillman. 

1998. Gary A. Nickerson. 

1999. S. Jane Haggerty. 
1999. Tina S.Page. 
1999. Elizabeth M. Fahey. 
1999. David A. McLaughlin. 

1999. Leila R.Kern. 

2000. Joseph M. Walker, III. 
2000. Peter W. Agnes, Jr. 
2000. John S. McCann. 

2000. Ernest B. Murphy. 

2001. Geraldine S. Hines. 
2001 . Christopher J. Muse. 
2001. Robert J. Kane. 
2001. David A. Lowy. 
2001. Jeffrey A. Locke. 
2001. Janet L. Sanders. 

2001. Thomas P. Billings. 

2002. Paul E. Troy. 
2002. John A. Agostini. 
2002. Bonnie H. MacLeod. 
2002. John P. Connor, Jr. 
2002. Patrick J. Riley. 

2002. Richard T. Moses. 

2003. Kenneth J. Fishman. 



Judges of the Land Court since its Establishment in 1898 as the 
Court of Registration. 

JUDGES. 

APPOINTED LEFT THE BENCH. DIED. 

1898. Leonard A. Jones 1909. Resigned. 1909. 

1909. Charles Thornton Davis, ... 1936. 1936. 

1936. Michael A. Sullivan, 1937. 1937. 

1937. John E. Fenton, 1966. Retired. 1974. 

1966. ElwoodH. Hettrick, 1971. Retired. 1972. 

1971. William I. Randall, 1985. Retired. 



388 



Judiciary. 



ADMINISTRATIVE JUSTICES. 
(NOW CHIEF JUSTICES). 

APPOINTED. LEFT THE BENCH. DIED. 

1985. Marilyn M. Sullivan, 1993. 

1990. John E. Fenton, Jr., 1994. (App'dCA.J. of T.C.,'92) 

1992. Robert V. Cauchon, 1996. Retired. 

1996. Peter W. Kilborn, 2003. 

2003. Karyn Faith Scheier. 



ASSOCIATE JUDGES. 
(NOW JUSTICES). 

APPOINTED. LEFT THE BENCH. DIED. 

1898. Charles Thornton Davis, . 1936. (App'd Judge, 1909). 1936. 

1909. Louis M. Clark, 1914. 1914. 

1914. Joseph J. Corbett, 1937. Retired. 1949. 

1924. Clarence C. Smith, 1943. 1943. 

1937. Patrick J. Courtney, 1952. Retired. 1966. 

1943. Joseph R. Cotton, 1965. Retired. 1983. 

1952. Edward McPartlin, 1973. Retired. 1973. 

1965. Joseph P. Silverio, 1974. Retired. 

1973. Marilyn M. Sullivan, .... 1993. Retired. (A. J., 85-90.) 

1974. John E. Fenton, Jr., 1994. Retired. (A. J., 90-92.) 

1986. Robert V. Cauchon, 1996. Retired. (A. J., 92-96.) 

1990. Peter W. Kilborn, 2003. Retired. (C. J., 96.) 

1994. Karyn Faith Scheier. 

1995. Leon J. Lombardi . 

1997. Mark V. Green, 2001. 

2002. Alexander H. Sands III. 

2002. Charles W. Trombley, Jr. 

2002. Gordon H. Piper. 



Judiciary. 389 

PRESENT ORGANIZATION OF THE COURTS. 



[All judges in the Commonwealth are appointed by the Governor with 
the advice and consent of the Council and hold office during good 
behavior until age seventy.] 

SUPREME JUDICIAL COURT. 

[General Laws, Chapter 211.] 

Margaret H. Marshall, Cambridge, Chief Justice. 

Justices. 
John M. Greany of Westfield. Judith A. Cowin of West Newton. 

Roderick L. Ireland of Milton. Martha B. Sosman of Concord. 

Francis X. Spina of Pittsfield. Robert J. Cordy of North Reading. 

Susan Mellen of Boston, Clerk of the Commonwealth, Room, Suite 1400, 

John Adams Court House. 
Jane Kenworthy Lewis of Cambridge, Assistant Clerk for the 

Commonwealth, Suite 1400, John AdamsCourt House. 
Maura Sweeney Doyle of Boston, Clerk for the County of Suffolk, Suite 

1300, John Adams Court House. 
Lillian Andruszkiewicz of Melrose, First Assistant Clerk for the County 

of Suffolk, Suite 1300, John Adams Court House. 
George E. Slyva of Milton, Second Assistant Clerk for the County of 

Suffolk, Suite J 300, John Adams Court House. 
Eric B. Wetzel of Burlington, Third Assistant Clerk for the County of 

Suffolk, Suite 1300, John Adams Court House. 
C. Clifford Allen III of Beverly, Reporter of Decisions, Suite 2500, John 

Adams Court House. 
Virginia Thurler, Administrative Assistant to the Chief Justice of the 

Supreme Judicial Court, Suite 2200, John Adams Court House. 
Ronald P. Corbett, Jr., Executive Director, Suite 2300, John Adams 

Courthouse. 
Maureen McGee, Legal Counsel to the Chief Justice, Suite 2500, John 

Adams Court House. 
Neal Quenzer, Chief Staff Counsel , Suite 2500 John Adams Courthouse. 
APPEALS COURT. 



390 Judiciary. 



[General Laws, Chapter 21 1 A.] 
Christopher J. Armstrong of Byfield, Chief Justice. 

Justices. 
Charlotte Anne Perretta of Boston. Gordon L. Doefer of Needham. 
Mel L. Greenberg of Worcester James F. McHugh III of 

Kenneth Laurence of Lexington. Lincoln. 

Barbara A. Lenk of Carlisle Scott L. Kafker of Swampscott. 

Susan S. Beck of Cambridge. Cynthia J. Cohen of Cambridge. 

Phillip Rapoza of North Dartmouth. David A. Mills of Danvers. 
Andre A. Gelinas of Fitchburg. Mark V. Green of Carlisle. 

Fernande R. V. Duffly of Joseph A. Trainor of Chelmsford. 

Cambridge. R. Malcolm Graham of Newton. 

Elspeth B. Cypher of New Bedford. Gary S. Katzmann of Brookline. 
Joseph A. Grasso, Jr. of Concord. Benjamin Kaplan of Cambridge. 

R. Marc Kantrowitz of Canton. (Recall) 

William I. Cowin of Newton. Frederick L. Brown of Belmont. 

Janis M. Berry of Saugus. (Recall) 

Raya S. Dreben of Belmont. 

(Recall) 
Kent B. Smith of Longmeadow. 
(Recall) 

Ashley Brown Ahearn of Weymouth, Clerk, John Adams Court House, 

One Pemberton Square, Boston, MA 02108. 
Gilbert P. Lima, Jr., of Attleboro, First Assistant Clerk, John Adams 

Court House, One Pemberton Square, Boston, MA 02108. 
Mary Bowe of Acton, Assistant Clerk,, John Adams Court House, One 

Pemberton Square, Boston, MA 02108. 
Joseph F. Stanton of Braintree, Assistant Clerk, John Adams Court 

House, One Pemberton Square, Boston, MA 02108. 
Lena M. Wong of Brookline, Assistant Clerkjohn AdamsCourt House, 

One Pemberton Square, Boston, MA 02108. 
Alexander M. McNeil of Newton, Administrative Assistant to the Chief 
Justicejohn AdamsCourt House, One Pemberton Square, Boston, 
MA 02108. 

TRIAL COURT. 

[General Laws, Chapter 21 IB.] 

Robert Mulligan of Wellesley, Chief Justice 

for Administration and Management. 



Judiciary. 



391 



Robert P. Panneton, Chief of Staff. 

Francis Carney, Ph. D., Executive Director. 

SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT. 

[General Laws, Chapter 212.] 

Barbara Rouse, Charlestown, Chief Justice 



Justices. 
Sandra L. Hamlin of Brookline. 
Robert A. Mulligan of Wellesley. 
Paul A. Chernoff of Newton. 
Barbara J. Rouse of Charlestown. 
Charles M. Grabau of Norfolk. 
Suzzanne V. DelVecchio of 

Hingham 
Constance M. Sweeney of 

Wilbraham. 
Catherine A. White of Boston. 
John C. Cratsley of Concord. 
Barbara A. Dortch-Okara of Canton. 
Wendie I. Gershengorn of Weston. 
Daniel A. Ford of Pittsfield. 
Robert H. Bohn, Jr., of Concord. 
Elizabeth B. Donovan of 

Jamaica Plain. 
Margot Botsford of Jamaica Plain. 
Peter M. Lauriat of Concord. 
Patrick F. Brady of Needham. 
Julian T. Houston of Brookline. 
Thomas E. Connolly of Boston. 
Richard F. Connon of 

South Yarmouth. 
Charles J. Hely of Needham. 
Charles T. Spurlock of Cambridge. 
Stephen E. Neel of Watertown. 
Regina L. Quinlan of Charlestown. 
Isaac Borenstein of Wayland. 
Mary-Lou Rup of Whately. 
E. Susan Garsh of Belmont. 
Margaret R. Hinkle of Boston. 
Howard J. Whitehead of Lynnfield. 
Judd J. Carhart of Florence. 
Richard J. Chin of Brockton. 
Christine M. McEvoy of Concord. 



Richard E. Welch, III, of 

Newburyport. 
Bertha D. Josephson of Florence. 
Herman J. Smith, Jr., of Medford. 
Raymond J. Brassard of Needham. 
Diane M. Kottmyer of Winchester. 
Francis R. Fecteau of Worcester. 
CarolS. Ball of Boston. 
Judith Fabricant of Brookline. 
Mitchell J. Sikora, Jr., of 

West Roxbury. 
Nonnie S. Burnes of Boston. 
Allan vanGestel of Rockport. 
Nancy Staffier Holtz of 

Swampscott. 
C. Brian McDonald of Springfield. 
Ralph D. Gants of Lexington. 
Peter A. Velis of Westfield. 
Linda E. Giles of Lexington. 
Timothy S. Hillman of Fitchburg. 
Gary A. Nickerson of Sandwich. 
S. Jane Haggerty of Lexington. 
Tina S. Page of Springfield. 
Elizabeth M. Fahey of Newton. 
David A. McLaughlin of 

New Bedford. 
Leila R. Kern of Lexington. 
Joseph M. Walker, III, of 

Roslindale. 
Peter W. Agnes, Jr. of Wayland. 
John S. McCann of Westborough. 
Ernest B. Murphy of Dover. 
Geraldine S. Hines of Roxbury. 
Christopher J. Muse of Boston. 
Robert J. Kane of 

South Dartmouth. 



392 Judiciary. 



David A. Lowy of Marblehead. John P. Connor, Jr., of Walpole. 

Jeffrey A. Locke of Wellesley. Patrick J. Riley of Boxford. 

Janet L. Sanders of Brookline. Richard T. Moses of Dartmouth. 

Thomas P. Billings of Lincoln. Kenneth J. Fishman of Lexington. 

Paul E. Troy of Hingham. Robert C. Rufo of Harwich Port. 

John A. Agostini of Williamstown. Frances A. Mclntyre of Boston. 

Bonnie H. MacLeod of Wakefield. Frank M. Gaziano of Scituate. 

D. Lloyd Macdonald of Boston. 
Thomas R. Murtagh of Andover. 
Bruce R. Henry of Belmont. 
Thomas A. Connors of Milton. 

APPELLATE DIVISION. 

James P. Donohue of Clinton {Chairman). 

R. Malcolm Graham of Newton. 

Regina L. Quinlan of Charlestown. 

Michael Joseph Donovan of Boston, 2006, Clerk for Civil Business for 
the County of Suffolk, 810 U.S. Post Office and Courthouse, Boston. 

John A. Nucci of Boston, 2006, Clerk for Criminal Business for the 
County of Suffolk, 607 U.S. Post Office and Courthouse, Boston. 

Dana L. Leavitt, Court Administrator, 1517 U.S. Post Office and 
Courthouse, Boston. 

LAND COURT 

DEPARTMENT OF THE TRIAL COURT. 

[General Laws, Chapter 185.] 

Chief Justice, Karyn Faith Scheier, Boston. Justices, Leon J. Lombardi, 
South Easton; Alexander H. Sands, III, Gloucester; Charles W. 
Trombley, Jr., North Andover; Gordon H. Piper, Dover; JusticeKeith C. 
Long. Cambridge Recorder, Deborah J. Peterson. Court Administrator, 
Ellen B. Bransfield, Natick. 226 Causeway Street, Boston, MA 021 14. 

PROBATE AND FAMILY COURT 

DEPARTMENT OF THE TRIAL COURT. 

[General Laws, Chapter 215.] 

Sean M. Dunphy, Chief Justice. 

John E. McNichols, Court 

Administrator. Sean M. Dunphy, Hampshire 

Division. 
j ust i ces David H. Kopelman, Norfolk 



Judiciary. 



393 



Division. 
Edward J. Rockett, Essex 

Division. 
Mary M. Manzi, Essex 

Division. 
David G. Sacks, Hampden 

Division. 
Elizabeth O'Neill LaStaiti, Bristol 

Division. 
Elaine M. Moriarty, Suffolk 

Division. 
Christina L. Harms, Norfolk 

Division. 
Robert E. Terry, Barnstable 

Division. 
Marie E. Lyons, Hampden 

Division. 
John M. Smoot, Suffolk 

Division. 
Catherine P. Sabaitis, Plymouth 

Division. 
Nancy M. Gould, Suffolk Division. 
Beverly W. Boornstein, Middlesex 

Division. 
John P. Cronin, Dukes Division. 
David M. Fuller, Hampden 

Division. 
Susan D. Ricci, Worcester 

Division. 
Prudence M. McGregor, Bristol 

Division. 
Judith Nelson Dilday, Middlesex 

Division. 
Robert A. Scandurra, Barnstable 

Division. 
Jeremy A. Stahlin, Suffolk District. 
Anthony R. Nesi, Bristol District. 
Edward J. LaPointe, Berkshire 

Division. 
James V. Menno, Plymouth 

Division. 
Robert W. Langlois, Norfolk 

Division. 
Stephen C. Steinberg, Plymouth 

Division. 



John C. Stevens, III, Essex 

Division. 
Geoffrey A. Wilson, Franklin 

Division. 
Dorothy M. Gibson, 

Middlesex Division. 
Armand Fernandes, Jr., 

Bristol Division. 
Edward F. Donnelly, Jr., 

Middlesex Division. 
Ronald W. King, Worcester 

Division. 
Anne M. Geoffrion, Circuit 
Justice. 
Gail M. Perlman, Hampshire 

Division. 

(Special Circuit). 
Stephen M. Rainaud, Circuit 

Justice. 
Joseph L. Hart, Jr., Worcester 

Division. 
Mary Anne Sahagian, Circuit 

Justice. 
Lisa A. Roberts, Circuit 

Justice. 
Spencer M. Kagan, Circuit 

Justice. 
Angela M. Ordonez, 

Nantucket Division. 
Paula M. Carey, Norfolk 

Division. 
Peter C. DiGangi. Circuit 

Justice. 
Gregory V. Roach, Circuit 

Justice. 
Virginia M. Ward, Circuit 

Justice. 
E. Chouteau Merrill, Circuit 

Justice. 
Randy J. Kaplan, Circuit 

Justice. 
Lucille A. DeLeo, Circuit. 

Justice. 
William F. McSweeny, III, 

Middlesex Division. 



394 Judiciary. 



Leilah A. Kearny, Middlesex 

Division. 
Michael J. Livingstone, 

Plymouth Division. 
Dennise L. Meagher, Worcester Division. 

HOUSING COURT DEPARTMENT OF THE TRIAL COURT. 
[General Laws, Chapter 185C] 

Chief Justice, Manuel Kyriakakis. 

Court Administrator, Harvey J. Chopp, Esq. 

CITY OF BOSTON DIVISION. 
Chief Justice, Manuel Kyriakakis. Associate Justices, Jeffrey M. Winik, 
Steven D. Pierce, Kenneth P. Nasif. Clerk-Magistrate, Robert L. Lewis. 
First Assistant Clerk-Magistrate, Laurence B. Pierce. Assistant Clerk- 
Magistrates, Joe Ann Smith, Camilla Duffy . 

NORTHEASTERN DIVISION. 
First Justice, David D. Kerman. Clerk-Magistrate, Paul J. Burke. 
First Assistant Clerk-Magistrate, Susan Trippi. 

SOUTHEASTERN DIVISION. 
First Justice, Anne Kenney-Chaplin. Associate Justice, Wilbur P. 
Edwards, Jr., Clerk-Magistrate, Carlton M. Viveiros. First Assistant 
Clerk-Magistrate, Stephen G. Carreiro. 

WESTERN DIVISION. 
First Justice, William H. Abrashkin. Associate Justice, Dina E. Fein. 
Clerk-Magistrate, Robert Fields. Assistant Clerk-Magistrate, Karen Ann 
Huntoon. 

WORCESTER DIVISION. 
First Justice, Diana H. Horan. Associate Justice, Timothy F. Sullivan. 
Clerk-Magistrate, James A. Bisceglia. First Assistant Clerk- Magistrate, 
William S. Weiss. 

Circuit Justice, Anne Kenney Chaplin. 



DISTRICT COURT DEPARTMENT OF THE TRIAL COURT. 

[General Laws, Chapter 218.] 

Lynda Connolly, Administrative Justice. 

Jerome S. Berg, Court Administrator. 



Judiciary. 395 



COURT IDENTIFICATION. 

Consistent with the provisions of St. 1980, c. 83, as amended, the 
divisions of the District Court Department except the Northern Berkshire 
and Southern Berkshire divisions, shall be referred to by the name of the 
city or town which is the principal place of sitting of the division. 

The judicial districts of the several district and municipal courts are 

as follows: 

Barnstable. 

Barnstable Division; Barnstable, Yarmouth and Sandwich. — 
Justices, Joseph J. Reardon, Joan E. Lynch, Don L. Carpenter. Clerk- 
Magistrate, William F. Eldridge, Jr. 

Orleans Division; Provincetown, Truro, Wellfleet, Eastham, Orleans, 
Brewster, Chatham, Harwich and Dennis. — Justices, Robert A. Welsh, Jr., 
Lance J. Garth. Clerk-Magistrate, Stephen I. Ross. 

Falmouth Division; Bourne, Falmouth and Mashpee. — Justices, 
Kevan J. Cunningham, (vacancy). Clerk- Magistrate, Kevin P. Halloran. 

Berkshire. 

The district courts at Adams, North Adams and Williamstown were 
consolidated into the Northern Berkshire District as a result of section 166 
of Chapter 478 of the Acts of 1978 (Court Reorganization). 

Northern Berkshire Division, held at Adams and North Adams; Adams, 
North Adams, Williamstown, Clarksburg, Florida, New Ashford, Cheshire, 
Savoy, Hancock, and Windsor; the Pittsfield Division exercising concurrent 
jurisdiction in Windsor and Hancock. — Justices, Michael J. Ripps, Paul 
M. Vrabel. Clerk-Magistrate, Timothy J. Morey. 

Pittsfield Division; Pittsfield, Hancock, Lanesborough, Peru, Hinsdale, 
Dalton, Washington, Richmond, Lenox, Becket and Windsor; the district 
court of southern Berkshire exercising concurrent jurisdiction in Lenox 
and Becket and the district court of northern Berkshire exercising con- 
current jurisdiction in Windsor and Hancock. — Justices, Alfred A. 
Barbalunga, Rita Scales Koenigs. Clerk-Magistrate, Leo F. Evans. 

The District Courts at Lee and Great Barrington were consolidated into 
the Southern Berkshire District as a result of section 166 of Chapter 478 of 
the Acts of 1978 (Court Reorganization). 

Southern Berkshire Division, held at Great Barrington; Sheffield, 
Great Barrington, Egremont, Alford, Mount Washington, Monterey, New 
Marlborough, Stockbridge, West Stockbridge, Sandisfield, Lee, Tyringham, 
Otis, Lenox and Becket; the Pittsfield Division exercising concurrent 
jurisdiction in Lenox and Becket. — Justices, James B. McElroy, Fredric 
D. Rutberg. Clerk-Magistrate, (vacancy). 



396 Judiciary. 



Bristol. 

Taunton Division; Taunton, Rehoboth, Berkley, Dighton, Seekonk, 
Easton and Raynham. — Justices, Joseph I. Macy, James Sullivan. 
Clerk- Magistrate, Raymond S. Peck. 

Fall River Division; Fall River, Somerset, Swansea, Freetown and 
Westport; the New Bedford Division exercising concurrent jurisdiction 
in Freetown and Westport. — Justices, Bernadette L. Sabra, David T. 
Turcotte, Gilbert J. Nadeau, Jr. Clerk-Magistrate, Ronald A. Valcourt. 

New Bedford Division; New Bedford, Fairhaven, Acushnet, Dart- 
mouth, Freetown and Westport; the Fall River Division exercising con- 
current jurisdiction in Freetown and Westport. — Justices, Julie J. 
Bernard, Tobey S. Mooney, Ronald F. Moynahan. Clerk- Magistrate, Peter 
J. Thomas. 

Attleboro Division; Attleboro, North Attleborough, Mansfield and 
Norton. — Justices, Thomas S. Barrett, Paul J. McCallum. Clerk- 
Magistrate, Daniel J. Sullivan. 

Dukes County. 

Edgartown Division; Edgartown, Oak Bluffs and Tisbury; Dukes 
County. — Justices, John M. Julian, Brian Rowe. Clerk-Magistrate, 
Thomas A. Teller. 

Essex. 

Salem Division; Salem, Beverly, Danvers, Middleton and Manchester- 
by-the-Sea. — Justices, Samuel E. Zoll, Michael C. Lauranzo. Clerk- 
Magistrate, Robert F. Arena. 

Ipswich Division; Ipswich, Hamilton, Topsfield and Wenham. — 
Justices, Robert A. Cornetta, Patricia A. Dowling. Clerk-Magistrate, 
Kathryn Morris Early. 

Haverhill Division; Haverhill, Groveland, Georgetown, Boxford and 
West Newbury; the Newburyport Division exercising concurrent juris- 
diction in West Newbury. — Justices, Allen G. Swan, Peter F. Doyle. 
Clerk- Magistrate, Frank Caruso. 

Gloucester Division; Gloucester, Rockport and Essex. — Justices, 
Robert A. Brennan, Ellen Flatley. Clerk-Magistrate, Kevin P. Burke. 

Lynn Division; Lynn, Swampscott, Saugus, Marblehead and Nahant. — 
Justices, Joseph I. Dever, Robert N. Tochka. Clerk-Magistrate, Jane B. 
Stirgwolt. 



Judiciary. 397 



Lawrence Division; Lawrence, Andover, North Andover and 
Methuen. — Justices, Michael T. Stella, Jr., Kevin M. Herlihy. Clerk- 
Magistrate, Keith McDonough. 

Newburyport Division, held at Newburyport; Amesbury, Merrimac. 
Newbury, Newburyport, Rowley, Salisbury and West Newbury; the 
Central District Court of Northern Essex (Haverhill Division) exercising 
concurrent jurisdiction in West Newbury. — Justices, James J. O'Leary, 
William E. Melahn, (vacancy). Clerk- Magistrate, J. Nicholas Sullivan. 

Peabody Division; Peabody and Lynnfield. — Justices, Santo J. Ruma, 
J. Dennis Healey. Clerk- Magistrate, Russell H. Craig. 

Franklin. 

Greenfield Division, held at Greenfield and at Turners Falls in 
Montague; Franklin County, except Orange, Erving, Warwick, Wendell 
and New Salem. Sessions may also be held at Shelburne Falls in 
Shelburne and Buckland at such times and places as the justice of said 
court may determine. — Justices, Herbert H. Hodos, (vacancy). Clerk- 
Magistrate, (vacancy). 

Orange Division; Orange, Erving, Warwick, Wendell and New Salem, 
in the county of Franklin; and Athol, in the county of Worcester. — 
Justices, M. John Schubert, Jr., (vacancy). Clerk-Magistrate, Laurie N. 
Dornig. 

Hampden. 

Palmer Division; Palmer, Brimfield, Hampden, Ludlow, Monson, 
Holland, Wales and Wilbraham. — Justices, Kenneth J. Cote, Jr., 
Robert L. Howarth. Clerk-Magistrate, E. Donald Riddle. 

Westfield Division; Westfield, Chester, Granville, Southwick, 
Russell, Blandford, Tolland and Montgomery. — Justices, Philip A. 
Contant, Patricia T. Poehler. Clerk-Magistrate, Carol J. Casartello. 

Chicopee Division; Chicopee. — Justices, Mary E. Hurley-Marks, 
David S. Ross, John M. Payne. Clerk-Magistrate, Paul M. Kozikowski. 

Holyoke Division; Holyoke. — Justices, William B. McDonough, 
Robert F. Kumor, Jr. Clerk- Magistrate, Manuel A. Moutinho, III. 

Springfield Division; Springfield, West Springfield, Agawam, Long- 
meadow and East Longmeadow. — Justices, Jacques C. Leroy, Nancy 
Dusek-Gomez, William W. Teahan, Jr., William J. Boyle, H. Gregory 
Williams, Robert A. Gordon. Clerk- Magistrate, Robert E. Fein. 



398 Judiciary. 



Hampshire. 

Northampton Division, held at Northampton; Amherst, Cummington, 
South Hadley, Huntington and Easthampton; Hampshire County, 
except Belchertown, Granby and Ware. — Justices, W. Michael Ryan, 
Richard J. Carey, W. Michael Goggins. Clerk-Magistrate, Genevieve L. 
Keller. 

Ware Division, held at Ware; Belchertown, Granby and Ware and 
any violation of law committed on land of the metropolitan district com- 
mission comprising the Quabbin reservation or used for the supply or 
protection of the Quabbin reservoir. — Justices, Paul A. Losapio, 
(vacancy). Clerk-Magistrate, William P. Nagle, Jr. 



Middlesex. 

Concord Division; Concord, Acton, Bedford, Carlisle, Lincoln. 
Maynard, Stow and Lexington. — Justices, James H. Wexler, Patricia G. 
Curtin. Clerk- Magistrate, Ann M. Colicchio. 

Ayer Division; Ayer, Dunstable, Groton, Pepperell, Townsend, Ashby, 
Shirley, Westford, Littleton and Boxborough. — Justices, Peter J. 
Kilmartin, James M. Geary, Jr. Clerk- Magistrate, Wendy A. Wilton. 

Maiden Division; Maiden, Wakefield, Melrose and Everett. — Justices, 
Paul F. Mahoney, Maurice R. Flynn III, Richard A. Mori, Geoffrey C. 
Packard. Clerk-Magistrate, Joseph Croken. 

Waltham Division; Waltham, Watertown and Weston. — Justices, 
Gregory C. Flynn, Janet L. Sanders. Clerk-Magistrate, Michael J. 
Finucane. 

Cambridge Division; Cambridge, Arlington and Belmont. — Justices, 
Jonathan Brant, Michele B. Hogan, George R. Sprague, Marie O. 
Jackson, Severlin B. Singleton, Michael J. Pomarole. Clerk-Magistrate, 
Robert L. Moscow. 

Woburn Division; Woburn, Winchester, Burlington, Wilmington. 
Stoneham, Reading and North Reading. — Justices, Phyllis J. Broker, 
Tobin N. Harvey. Clerk- Magistrate, Kathleen McKeon. 

Framingham Division; Framingham, Ashland, Holliston, Sudbury, 
Wayland and Hopkinton. — Justices, Robert V. Greco, Douglas W. 
Stoddart, Paul F. Healy, Jr. Clerk- Magistrate, Thomas J. Begley. 

Lowell Division; Lowell, Tewksbury, Billerica, Dracut, Chelmsford 
and Tyngsborough. — Justices, Neil J. Walker, Barbara S. Pearson. 
Clerk-Magistrate, William A. Lisano. 



Judiciary. 399 



Marlborough Division; Marlborough and Hudson. — Justices, 
Lynda M. Connolly, Mary H. Sullivan. Clerk-Magistrate, Paul Malloy. 

Natick Division; Natick and Sherborn. — Justices, James H. 
McGuinness, Jr., Michael J. Brooks. Clerk- Magistrate, Brian J. Kearney. 

Newton Division; Newton. — Justices, Dyanne J. Klein, Thomas M. 
Brennan. Clerk-Magistrate, Henry H. Shultz. 

Somerville Division; Somerville and Medford. — Justices, Paul P. 
Heffernan, Mark S. Coven. Clerk-Magistrate, Robert A. Tomasone. 

Nantucket. 

Nantucket Division; Nantucket County. — Justices, W. James O'Neill, 
Deborah A. Dunn. Clerk-Magistrate, Roxana E. Viera. 

Norfolk. 

Dedham Division; Dedham, Dover, Norwood. Westwood. Medfield, 
Needham and Wellesley. — Justices, Kevin J. Gaffney, (vacancy). Clerk- 
Magistrate, Salvatore Paterna. 

Quincy Division; Quincy, Randolph, Braintree, Cohasset, Weymouth, 
Holbrook and Milton; and, in criminal cases, concurrently with the 
Hingham Division, that part of Scituate described in chapter three hun- 
dred and ninety-four of the acts of nineteen hundred and twelve. Arrests 
and service of process in such cases may be made by an officer qualified 
to serve criminal process in Cohasset. — Justices, Gregory R. Baler, 
Warren A. Powers. Clerk- Magistrate, Arthur H. Tobin. 

Stoughton Division; Stoughton, Canton, Avon and Sharon. — 
Justices, Francis T. Crimmins. Jr., Dennis J. Curran. Clerk-Magistrate, 
Donald M. Stapleton. 

Wrentham Division; Franklin, Walpole, Foxborough, Medway, 
Millis, Norfolk, Wrentham and Plainville. — Justices, Daniel W. 
O'Malley, (vacancy). Clerk-Magistrate, Edward J. Doherty. 

Brookline Division; Brookline. — Justices, Paul K. Leary, Kevin J. 
O'Dea. Clerk-Magistrate, Brian K. Lawlor. 

Plymouth. 

Hingham Division; Hingham, Rockland, Hull, Hanover, Scituate and 
Norwell. — Justices, Patrick J. Hurley, Francis L. Marini. Clerk- 
Magistrate, Joseph A. Ligotti. 



400 Judiciary. 



Plymouth Division; Plymouth, Kingston, Plympton, Pembroke, 
Duxbury, Hanson, Halifax and Marshfield. — Justices, Thomas F. 
Brownell, Rosemary B. Minehan. Clerk-Magistrate, Roger W. O'Neil, Jr., 
John A. Sullivan {pro tempore). 

Wareham Division, held at Middleborough and Wareham; Middle- 
borough, Wareham, Lakeville, Marion, Mattapoisett, Rochester and 
Carver. — Justices, Diane E. Moriarty, John C. Wheatley. Clerk- 
Magistrate, Daryl G. Manchester. 

Brockton Division; Brockton, Bridgewater, East Bridgewater, Whit- 
man, Abington and West Bridgewater. Said court may adjourn to the 
Massachusetts correctional institution at Bridgewater, whenever the pub- 
lic convenience seems to the presiding justice to render such adjourn- 
ment expedient. — Justices, David G. Nagle, Jr., Robert E. Baylor, 
Richard D. Savignano, Paul C. Dawley. Clerk-Magistrate, Kevin P. 
Creedon. 

Suffolk. 

Brighton Division; ward twenty-five of Boston as it existed on Febru- 
ary first, eighteen hundred and eighty-two. — Justices, R. Peter Anderson, 
Paul V. Buckley. Clerk- Magistrate, James B. Roche III. 

Charlestown Division; wards three, four and five of Boston as they 
existed on February first, eighteen hundred and eighty-two, provided that 
in criminal matters said court shall have exclusive jurisdiction in that part 
of said wards which is under the care, custody and control of the lower 
basin division of the Metropolitan District Commission and in so much of 
the Charles river basin, as defined in section two of chapter five hundred 
and twenty-four of the acts of nineteen hundred and nine as affected by 
chapter two hundred and forty-five of the General Acts of nineteen hun- 
dred and sixteen as is within the district of said court. — Justices, Allen J. 
Jarasitis, James W. Coffey. Clerk-Magistrate, John E. Whelan. 

Chelsea Division; Chelsea and Revere. — Justices, Diana L. 
Maldonado, William J. Riley, Kathleen E. Coffey. Clerk-Magistrate, 
Kevin G. Murphy. 

Dorchester Division; ward twenty-four of Boston as it existed on 
February first, eighteen hundred and eighty-two and the territory com- 
prised within the limits of precinct twelve of ward thirteen of Boston as it 
existed on November second, nineteen hundred and forty-eight. — 
Justices, Sydney Hanlon, Rosalind H. Miller, Emogene Johnson, Robert 
Ronquillo, Jr. Clerk-Magistrate, Richard J. Dwyer. 

East Boston Division; Winthrop and wards one and two of Boston as 



Judiciary. 40 1 



they existed on March first, eighteen hundred and eighty-six; provided 
that said court shall have territorial jurisdiction in matters that arise in 
the Sumner tunnel, so-called, and Lieutenant William F. Callahan, Jr., 
tunnel including any property, toll plazas and approach roads thereto 
under the ownership, care, custody and control of the Massachusetts 
Turnpike Authority as provided by chapter five hundred and ninety-eight 
of the acts of nineteen hundred and fifty-eight. — Justices, Thomas J. 
May, (vacancy). Clerk-Magistrate, Joseph R. Faretra. 

Roxbury Division; wards nineteen, twenty, twenty-one and twenty- 
two of Boston as they existed on February first, eighteen hundred and 
eighty-two, excepting ward ten, save as hereinafter provided, as it existed 
on February first, nineteen hundred and seventy-six; and excepting fur- 
ther, cases of juvenile offenders under seventeen and cases of delinquent 
children when such cases arise in wards four, five, and precincts one and 
two of ward twenty-one of Boston as they existed on February first, nine- 
teen hundred and seventy-six; provided however that, notwithstanding 
any other provision of law, said court shall have jurisdiction over matters 
arising in precincts one, six and seven of ward ten. — Justices, Milton L. 
Wright, Jr., Gordon A. Martin, Jr., Paul L. McGill, Gregory L. Phillips, 
Edward R. Redd. Clerk-Magistrate, Michael W. Neighbors. 

South Boston Division; wards thirteen, fourteen and fifteen of 
Boston as they existed on February first, eighteen hundred and eighty- 
two. — Justices, Robert J. McKenna, Jr., Mary Ann Driscoll. Clerk- 
Magistrate, John E. Flaherty. 

West Roxbury Division; ward twenty-three of Boston as it existed on 
February first, eighteen hundred and eighty-two, and the territory com- 
prised within the limits of the former town of Hyde Park which was 
annexed to Boston by chapters four hundred and sixty-nine and five hun- 
dred and eighty-three of the acts of nineteen hundred and eleven, and ward 
ten, except precincts one, six and seven of said ward ten, as existing on 
February first, nineteen hundred and seventy-six; and excepting further, 
cases of juvenile offenders under seventeen and cases of delinquent chil- 
dren when such cases arise in said ward ten. — Justices, Robert C. Rufo, 
Robert P. Ziemian. Clerk-Magistrate, Richard L. Walsh. 

Worcester. 

Worcester Division; Worcester, Millbury, Auburn, Paxton, West 
Boylston, Holden, Rutland, Barre and Oakham. — Justices, Neil G. 
Snider, Dennis J. Brennan, Thomas F. Sullivan, Jr., Charles J. Abdella, 
(vacancy), David P. Despotopulos. Clerk-Magistrate, Thomas J. Noonan. 

Gardner Division; Gardner, Petersham, Phillipston, Royalston, 



402 Judiciary. 



Templeton, Hubbardston and Westminster. — Justices, Austin T. Philbin, 
David B. Locke. Clerk- Magistrate, William T. Clark. 

Westborough Division; Westborough, Grafton, Shrewsbury, South- 
borough and Northborough. — Justices, Paul S. Waickowski, Robert B. 
Calagione. Clerk- Magistrate, Thomas X. Cotter. 

Clinton Division; Clinton, Berlin, Bolton, Boylston, Harvard, Lan- 
caster and Sterling. — Justices, Martha A. Brennan, Robert W. Gardner, 
Jr. Clerk-Magistrate, Leonard F. Tomaiolo. 

Dudley Division; Southbridge, Webster, Sturbridge, Charlton, Dudley 
and Oxford. — Justices, John C. Geenty, (vacancy). Clerk- Magistrate, 
Kenneth F. Candito. 

Uxbridge Division; Blackstone, Uxbridge, Douglas, Northbridge, 
Millville and Sutton. — Justices, Sarkis Teshoian, (vacancy). Clerk- 
Magistrate, Peter D. Rigero. 

Milford Division; Milford, Mendon, Upton, Hopedale, in the county 
of Worcester; and Bellingham, in the county of Norfolk. — Justices, 
Mary A. Orfanello, Brian F. Gillian. Clerk-Magistrate, Thomas C. 
Carrigan. 

East Brookfield Division; East Brookfield, Brookfield, Leicester, 
Spencer, North Brookfield, West Brookfield, Warren, Hardwick and New 
Braintree. Said court may adjourn to any town within its district other 
than East Brookfield whenever the public convenience seems to the pre- 
siding justice to render such adjournment expedient. — Justices, Paul F. 
LoConto, Patrick A. Fox. Clerk-Magistrate, Elizabeth M. Maunsell. 

Fitchburg Division; Fitchburg, Ashburnham and Lunenburg. — 
Justices, Andrew L. Mandell, Elliott L. Zide. Clerk- Magistrate, Ronald 
B. Ingemie. 

Leominster Division; Leominster and Princeton. — Justices, John J. 
Curran, Edward R. Reynolds. Clerk- Magistrate, Philip B. OToole. 

Winchendon Division; Winchendon. — Justices, Vito A. Virzi, 
(vacancy). Clerk- Magistrate, Daniel F. Langelier. 

Circuit Justices. 

Philip A. Beattie; Brian R. Merrick; Sarah B. Singer; Daniel 
Klubock; Anthony P. Sullivan; Margaret A. Zaleski; Timothy H. Gailey; 



Judiciary. 403 



James F. X. Dineen; Roanne Sragow; Joseph R. Welch; Thomas A. 
Connors; Michael C. Creedon; Stephen S. Ostrach; Joseph W. Jennings 
III; Albert S. Conlon; Lee G. Johnson. 

APPELLATE DIVISIONS OF THE DISTRICT 

COURT DEPARTMENT. 

[General Laws, Chapter 231, s. 108, as most recently amended by 

Acts of 1975, Chapter 377, ss. 106-107B] 

Five justices assigned to each of the three Districts by the Chief 
Justice of the District Courts, subject to the approval of the Chief Justice 
of the Supreme Judicial Court: 

Northern District — Presiding Justice: Hon. Brian R. Merrick, Circuit 
Justice. Associate Justices: Hon. Mark S. Coven, Somerville Division; 
Hon. Patricia G. Curtin, Concord Division; Hon. Robert V. Greco, 
Framingham Division; Hon. Milton L. Wright, Roxbury Division. 

Southern District — Presiding Justice: Hon. John C. Wheatley, 
Wareham Division. Associate Justices: Hon. Thomas S. Barrett, 
Attleboro Division; Hon. Robert C. Rufo, West Roxbury Division; Hon. 
Robert A. Welsh, Jr., Orleans Division; Hon. H. Gregory Williams, 
Springfield Division. 

Western District — Presiding Justice: Hon. Paul F. LoConto, East 
Brookfield Division. Associate Justices: Hon. Martha A. Brennan, 
Clinton Division; Hon. Rita Koenigs, Pittsfield Division; Hon. Michael J. 
Ripps, Northern Berkshire Division; Hon. Fredric D. Rutberg, Southern 
Berkshire Division. 

BOSTON MUNICIPAL COURT 

DEPARTMENT OF THE TRIAL COURT. 

[General Laws, Chapter 218 Section 1.] 

Thecentral division of the Boston municipal court department, held 
at Boston; wards six, seven, eight, nine, ten, eleven, twelve, sixteen, 
seventeen and eighteen of Boston as they existed on February first, eigh- 
teen hundred and eighty-two; and in criminal cases, concurrently with 
the Roxbury and Brighton divisions of the Boston municiple court 
department, the second and third district courts of eastern Middlesex and 
the district court of Newton, respectively, so much of the Charles river 
basin, as defined in section two of chapter five hundred and twenty-four 
of the acts of nineteen hundred and nine, as affected by chapter two hun- 
dred and forty-five of the General Acts of nineteen hundred and sixteen, 
as is within the districts of said courts. — Chief Justice, Charles R. 
Johnson. Associate Justices, Sally A. Kelly, Dermot Meagher, 



404 Judiciary. 



Raymond G. Dougan, Jr., Mark H. Summerville, Patricia E. Bernstein, 
Annette Forde, Thomas C. Horgan, John T. Lu, Michael F. Flaherty, 
Michael J. Coyne. Court Administrator, Cheryl A. Sibley, Esq. 

Clerk-Magistrate, Daniel J. Hogan, First Assistant Clerk-Magistrate, 
Rosemary T. Carr. Second Assistant Clerk Magistrate, George L. Shea, Jr.. 
Second Assistant Clerk-Magistrate in Charge of Juries, Mark J. 
Concannon, Assistant Clerk-Magistrate in Charge of Civil Business, Kevin 
F. Callahan, Assistant Clerk-Magistrates, Civil Business: Alexander 
Clawson, Jr., Joseph V. Cronin, Jr., Sean F. Durant, Elizabeth Gillis, 
Reginald O. Henly, Monica S. Jaco, Donald F. MacKinnon, Patrick F. 
Mullaney, Patty Wong Murphy, Benjamin A. Nunez, Assistant Clerk- 
Magistrates, Criminal Business: John Bartlett, Francis X. 
Cunningham, Christopher Ferguson, Robert J. Kelley, Linda Scanlon, 
Michael Sher. Edward W. Brooke Courthouse, 24 New Chardon Street, 6th 
Floor, Boston, MA 021 14. 

APPELLATE DIVISION. 

(All Justices sit on Appellate Division.) 



JUVENILE COURT DEPARTMENT OF THE TRIAL COURT. 
[General Laws, Chapter 21 IB, §1.] 

Chief Justice, Martha P. Grace. Court Administrator, Jane Strickland. 
3 Center Plaza, 5th Floor, Boston. 



BARNSTABLE COUNTY JUVENILE COURT. 

First Justice, Carol Gibson-Smith. Associate Justice, Louis D. Coffin. 
Clerk-Magistrate, Charles P. Andrade, Jr. Chief Probation Officer, (Acting) 
John Millet. 



BERKSHIRE COUNTY DIVISION, JUVENILE COURT. 

First Justice, Paul Perachi. Clerk-Magistrate, Laura Rueli. Chief 
Probation Officer, William D. Gale. 



BRISTOL COUNTY DIVISION, JUVENILE COURT. 

First Justice, James M. Cronin. Associate Justices, Hon. Bettina 
Borders. Clerk-Magistrate, Ronald C. Arruda. Chief Probation Officer, 
Joseph E. Hamilton. 



Judiciary. 405 



ESSEX COUNTY DIVISION, JUVENILE COURT. 

First Justice, Sally F. Padden. Associate Justices, Michael F. 
Edgerton, Mark Newman, Jose Sanchez. Clerk-Magistrate, Judith M. 
Brennan. Chief Probation Officer, Daniel Passacantilli. 



FRANKLIN/HAMPSHIRE COUNTY DIVISION, 
JUVENILE COURT. 

First Justice, Lillian Miranda. Clerk-Magistrate, Christopher D. 
Reavey. Chief Probation Officer, Edward A. Driscoll. 



HAMPDEN COUNTY DIVISION, JUVENILE COURT. 

Presiding Justice, Daniel J. Swords. Associate Justices, Rebekah J. 
Crampton Kamukala. Clerk-Magistrate, Donald Whitney. Chief 
Probation Officer, Thomas J. Ginley, Jr. 



MIDDLESEX COUNTY DIVISION, JUVENILE COURT. 

First Justice, Gail Garinger. Associate Justices, Jay D. Blitzman, 
Margaret S. Fearey, Patricia Flynn, Amy L. Nechtem, Gwendolyn Tyre. 
Clerk-Magistrate, Paul J. Hartnett. Chief Probation Officer, Gilbert P. 
Sakakeeny. 



NORFOLK COUNTY DIVISION, JUVENILE COURT. 

First Justice, Mary M. McCallum. Associate Justice, Leslie A. 
Donahue. Clerk-Magistrate, James F. Poirier. Chief Probation Officer, 
Thomas J. Mitchell. 



PLYMOUTH COUNTY DIVISION, JUVENILE COURT. 

First Justice, John P. Corbett. Associate Justice, Robert F. Murray. 
Clerk-Magistrate, Thomas R. Lebach. Chief Probation Officer, Joel F. 
West. 



SUFFOLK COUNTY DIVISION, JUVENILE COURT. 

First Justice, Paul D. Lewis. Associate Justices, Terry M. Craven, 
Marjory A. C. German, Leslie E. Harris, Mark E. Lawton, Stephen M. 
Limon. Clerk-Magistrate, Donna M. Ciampoli. Chief Probation Officer, 
Steven Siciliano. 



406 Judiciary. 



WORCESTER COUNTY DIVISION, JUVENILE COURT. 

First Justice, Jan L. Najemy. Associate Justices, George F. Leary, 
Luis G. Perez. Clerk-Magistrate, Craig D. Smith. Chief Probation 
Officer, Francyne LeFemine. 



JUVENILE COURT CIRCUIT JUSTICES. 

EASTERN REGION 

Carol A. Erskine, Joseph F. Johnston, Kathryn A. White. 

WESTERN REGION 

James G. Collins, Patricia M. Dunbar, Judith Locke. 



Judiciary. 407 



DISTRICT ATTORNEYS. 

NORTHERN DISTRICT (Middlesex County) — Martha Coakley, 
First Assistant, John McEvoy, Jr., Deputy First Assistant, Lynn C. 
Rooney, Deputy Second Assistant: Sheila M. Calkins, Assistants: 
Michael Ahem, Kerry A. Ahem, Kerry Aleman, Nicole Allain, Eric 
Anderson, Robin Anderson, Fawn Balliro, Edward R. Bedrosian, Jr., 
Benjamin Bejar, David Belger, Lori Benavides, Deborah Bercovitch, 
Jennifer Breen-Kirsch, Alice Casey, Shawn Casey, Lillian Cheng, 
Michael Chinman, Melissa Conroy, Jennifer Cummings, David W. 
Cunis, Kevin J. Curtin, Peter D'Angelo, Rebecca D'Angelo, Katherine 
Davenport, Jaffar Diab, Deshala Dixon, Christian Doherty, Kaitlin 
Donahue, Rourke Donnelly, Katelyn Draper, Beth Dunigan, Sarah Ellis, 
Michael Fabbri, Kathy Farmer, Patrick Fitzgerald, Jane Fitzpatrick, 
Katherine Folger, Michael Friedland, Joseph T. Gentile, Jr., Moya 
Gibson, Linda Gostanian, Heidi Gosule, Marguerite T. Grant, Sheryl 
Grant, Patrick Grogan, Heather Hall, Julie Hamil, Lee Hettinger, Lisa 
Jacobs, Nicole Jorge, Jessica Kelly, Sheila Kelly, Rua Kelly, Renee 
Khan, Kerry Kilcoyne, Suzanne Kontz, Cara Krysil, Jessica Langsam, 
Jennifer Leventry, Loretta Lillios, Marybeth Long, Steve Loughlin, 
Adrienne Lynch, Kate MacDougall, Nora Mann, Michelle Margolis, 
Deborah Marino, Greg Matthews, Alyssa Murphy, Douglas Nagengast, 
Thomas O'Reilly, Sara Pagani, Miriam Pappas, Steve Phillips, Sarah 
Rocha, Kimberly Rugo, Marian Ryan, Kevin L. Ryle, James Sahakian, 
Jackie Shanahan, Elizabeth Silverman, Loretta Smith, Jennifer Snook, 
David Solet, Joshua Spirn, Jennifer Stark, Bethany Stevens, Meghan 
Streff, Melinda Thompson, John Verner, Jodi Walker, Christopher 
Walsh, Mark Walter, Elisha Willis, Nathaniel Yeager, George Zachos, 
Jeff Zeeman. 

EASTERN DISTRICT (Essex County) — Jonathan W. Blodgett, 
Peabody. First Assistant, John T. Dawley, Winchester. Chief, 
Administration and Finance, Charles F. Grimes, Beverly. Special 
Counsel, Thoams M. Donovan, Topsfield. Deputy First Assistant, Mary- 
Alice Doyle, Georgetown. Director, Family Crimes and Sexual Assault 
Unit, Kathe Tuttman, Andover. Executive Director, Victim/Witness 
Program, Cheryl Watson, Middleton. Director, Juvenile Justice 
Program, Ruth Budelmann, Beverly. Director, Community Awareness 
and Prevention Team, Debra MacGregor, Peabody. Administrative 
Assistant Trial List, Felonies, Michelle Merullo, Peabody. Superior 
Court Supervisor, Gerald Shea, Newburyport. Assistants: Rachel 
Alexander Healey, Merrimac; Kristen Buxton, Ipswich; Michael 
Callanan, South Boston; Andrew Camelio, Somerville; Jessica Connors, 
Wenham; Jean Curran, Reading; Murat Erkan, North Reading; Greg 



408 Judiciary. 



Friedholm, Boston; James Gubitose, Peabody; Carolanne Hillis, Hudson; 
Karen Hopwood, Hampton Falls, NH; Maureen Leal, Methuen; William 
Melkonian, Stoneham; George Newman, Watertown. Chief, Appeals 
Division, Elin Graydon, Chestnut Hill. Assistants: David O 'Sullivan, 
Watertown; Anita Russo, Ipswich; Cathleen Semel, Wakefield; Marcia 
Slingerland, Beverly; Kenneth Steinfield, Brookline; Linda Wagner, 
Marblehead. 

NORFOLK DISTRICT (Norfolk County) — William R. Keating, 
Sharon. First Assistant District Attorney, Dennis C. Mahoney. Deputy 
District Attorney, Jonathan C. Rutley. Assistants: Pamela Alford; Michelle 
M. Armour; Lisa Beatty; Lynn Beland; Carolan Blackwood; Jennifer 
Blair; Jason Bolio; Robert Brown; Catherine Cappelli; Jeanmarie Carroll; 
Gregory P. Connor; Susan T. Corcoran; Robert C. Cosgrove; Sabine 
Coyne; Tracey A. Cusick; Mary Dacey-White; Patrick Donovan; Mark 
Fabiano; Abbott S. Fenichel; Thomas L. Finigan; Siobhan Foley; 
Michael F. Gaffney; Daniel Gelb; Anthony Gemma; Nicholas 
Gordon;Jennifer Hatch; Kate E. Herburger; Maria K. Judge; Daniel 
Kaye; Megan Kennedy; Craig Kowalski; Margaret Krippendorf; Varsha 
Kukafka; Trisha Lee; E. David Levy; Katie Mantenuto; Michael 
Markoff; Matthew McDoungh; Erin Mclntyre; Maureen Mulderry; Paula 
A. Nedder; Eric Neeley; Emily Nesson; Robert Nelson; George Ohlson; 
David Ominau; Brendan O'Shea; George Papachristos; Debra Payton; 
Bethany Rogers; John Stapleton; Brian A. Wilson; Anne S. Yas. 

CAPE AND ISLANDS DISTRICT (Barnstable, Dukes and 
Nantucket Counties) — Michael D. O'Keefe, Barnstable. First 
Assistants: Brian S. Glenny, South Yarmouthport; Michael A. Trudeau, 
Harwichport. Chief District Court Prosecutor, Barnstable Division: Lisa 
F. Edmonds, Bourne. Chief District Court Prosecutor, Falmouth 
Division: Sean Murphy, North Falmouth. Chief District Court 
Prosecutor, Orleans Division: Tara L. Miltimore, Osterville. Assistants: 
Steven Adams, Duxbury; Peter M. Bevere, Plymouth; Jennifer M. Bright, 
West Barnstable; Robert Galibois II, Sagamore Beach; Peter A. Lloyd, 
Plymouth; Nicole Manoog, Centerville; Seth Roman, Falmouth; Sharon 
J. Thibeault, Marshfield; Robert A. Welsh III, West Barnstable; Susan 
Wenzel, Sandwich. Chief Appellate Attorney: Julia K. Holler, Marstons 
Mills. Chief Juvenile Court Prosecutor: Roger A. Jackson, Cotuit. Chief 
Domestic Violence Prosecutor: J. Thomas Kirkman, North Falmouth. 
Special Assistant Prosecutor for Dukes County: Richard J. Piazza, North 
Falmouth. Chief of Operations: Paul Niedzwiecki, South Boston. Victim/ 
Witness Assistance Program Director: Susan O'Leary, Barnstable. 



Judiciary. 409 



BRISTOL DISTRICT (Bristol County) — Paul F. Walsh, Jr., New 
Bedford. First Assistant, Renee P. Dupuis, New Bedford. Chief Trial 
Counsel, Gerald T. Fitzgerald, South Dartmouth. Chief, Homicide Unit, 
Raymond P. Veary, Jr., New Bedford. Chief Prosecutor, District Courts, 
Christopher Markey, Dartmouth. Chief of Appeals, Kevin Connelly, 
Acushnet. Assistants: Heath Antonio, Westport; Lewis A. Armistead, Jr., 
East Providence R.I.; Thomas Blank, New Bedford; Cynthia M. Brackett, 
Fall River; Jacqueline Bradford, Quincy; Diana Cowhey, Fall River; 
Tayna DaSilva, Pawtucket, R.I.; John F. Driscoll, Somerset; Garrett 
Fregault, North Attleborough; Joan M. Fung, Newton; Stephen E. Gagne, 
Fairhaven; Lynn Gifford, Pawtucket, R.I.; Stella Lakidis, Fall River; 
Terri F. Lamarre, South Dartmouth; Lesly A. Leahy, Little Compton. 
R.I.; Cynthia A. Letourneau, Lakeville; John P. Letourneau, New 
Bedford; Tracey A. Little, New Bedford; John V. Mahoney II, 
Roslindale; Christopher M. Markey, Attleboro; Mimi McMahon, 
Walpole; Robert C. Menzel, Jr., New Bedford; John D. Moses, Taunton; 
Raymond G. Mullen, Jr., Fall River; Adam T. Norris, Northborough; 
Elizabeth Pereira, Fall River; Robert E. Powers, Milton; Sharon L. 
Puccini, Somerset; Jennifer N. Rose, South Dartmouth; Jennifer St. 
Laurent, Freetown; Robert J. Schilling, Natick; Christina Schlect- 
Mahoney, West Roxbury; Michael Spillane, West Yarmouth; Matthew 
Sylvia, New Bedford; Jeanne M. Veenstra, New Bedford; Nancy K. 
Wasserman, Stoughton; Jeremy Waxier, Medway; Clark Whaley, 
Fairhaven; Jean Whitney, Buzzards Bay; Michael G. Xavier, New 
Bedford; Melissa Wotton, New Bedford. Special Assistants: Roger M. 
Ferris, Norwood; Bernard H. Herman, West Falmouth; Joseph B. 
Mclntyre, New Bedford; John C. O'Neil, Fall River; Kevin J. Phelan, 
Westport; Walter J. Shea, Lawrence. 

MIDDLE DISTRICT (Worcester County) — John J. Conte, 
Worcester. Assistants: James J. Reagon, Worcester; Joseph LoStracco, 
Worcester; Lawrence J. Murphy, Southborough; Kathleen K. 
Dellostritto, Worcester; Mary E. Sawicki, Worcester; Joseph J. Reilly, 
III, Worcester. Victim/Witness Director: Anthony J. Pellegrini. 

HAMPDEN DISTRICT (Hampden County) — William M. Bennett, 
Longmeadow. First Assistant, James C. Orenstein, Longmeadow. 
Superior Court Assistant District Attorneys: Karen Bell, Ludlow; Ellen 
Berger, Northampton; Laurel Brandt, Longmeadow; Charles E. Dolan, 
Ludlow; Donna S. Donato, Springfield; Francis M. Dunn, Holyoke; 
Dave Gagne, East Long meadow; James Goodhines, Longmeadow; 
Ctherine Higgins, South Hadley; David Jenkins, Springfield; Richard 



4 1 Judiciary. 



Morse, Amherst; Jill O'Connor Shugrue, East Longmeadow; Carmen W. 
Picknally, Longmeadow; Maria Rodriguez, West Springfield; Timothy 
Rogers, Wilbraham; Patrick Sabbs, South Hadley; Howard I. Safford, 
Feeding Hills; Steven Spelman, Longmeadow; Christine Tetreault, 
Springfield; Matthew Thomas, Northampton, Brett Vottero, Wilbraham. 
Appellate Division Assistant District Attorneys: Dianne Dillon, 
Springfield; Marcia Julian, Wilbraham; Bethany Lynch, West 
Springfield; Kate McMahon, Holyoke; Jane Montori, Longmeadow; 
Sidney Reavey, Longmeadow; Thomas Townsend, Longmeadow. 
District Court Assistant District Attorneys: Deborah Ahlstrom, 
Springfield; Nancy Altobelli, West Springfield; Marie Angers, 
Springfield; Fred Burns, Westfield; Michelle Cruz, South Hadley; 
Christopher Donovan, Northampton; James Forsyth, Wilbraham; 
Michael Hickson, Holyoke; Mary Hiser, Longmeadow; Jacquelyn Lee- 
Washington, Springfield; Kathleen Lucey, Longmeadow; Joan Lynch, 
Holyoke; Colleen Martin, Chicopee; Karen McCarthy Brayton, 
Longmeadow; Samual Medina, Amherst; Lori Odierna, Longmeadow; 
Mary Partyka, Chicopee; Cynthia Payne, Agawam; Yvonne Pesce, West 
Springfield; Corinne Rock, Wilbraham; Daniel Ryan, Brighton; Eileen 
Sears, Holyoke; Karen Southerland, Springfield; Lisa Szulborski, South 
Hadley; Grace Taylor, Springfield; Michael Walsh, Springfield; Danielle 
Williams, Willbraham. 

NORTHWESTERN DISTRICT (Hampshire and Franklin Counties; 
Town of Athol in Worcester County) — Elizabeth D. Scheibel, South 
Hadley. Co-First Assistants: Renee L. Steese, Southwick; Elizabeth 
Dunphy Farris, Longmeadow. Assistants: Frank E. Flannery, Florence; 
Elizabeth Katz, Florence; Susan J. Loehn, Williamsburg; Judith Ellen 
Pietras, Wilbraham; Mary Lou Szulborski, Baldwinville; Michael A. 
Cahillane, Northhampton; Melissa A. Doran, Williamsburg;Jane E. 
Mulqueen, South Hadley; Joseph A. Quinlan, Greenfield; Jayme Parent 
Talbot, Florence; Steven Greenbaum, Westhampton; Cynthia M. Pepyne, 
South Deerfield; Richard Brown, East Longmeadow; Daniel F. Carey, 
Easthampton; Neil Desroches, South Hadley; Joella E. Fortier, 
Springfield; Curtis B. Frick, Longmeadow; Deirdre Kimball, Orange; 
Michelle R. Kolodny, Northampton, Kevin V. Maltby, Northampton; 
Michael A. McHale, Amherst; Courtney L. Sans, Baldwinville; Caitlyn 
A. Venskus, Northampton . 

BERKSHIRE DISTRICT (Berkshire County) — David F. Capeless, 
West Stockbridge. First Assistant, Paul J. Caccaviello, Dalton. Second 
Assistant, Joan M. McMenemy, Pittsfield. Assistants: Gregory M. Barry, 
Pittsfield; Rachael T. Eramo, Pittsfield; Jedd L. Hall, Lenoxdale; 



Judiciary. 4 1 1 



Raymond J. Jacoub, Pittsfield; Kelly M. Kemp, North Adams; Robert W. 
Kinzer III, Pittsfield; Richard M. Locke, Pittsfield; Joseph A. Pieropan, 
Pittsfield; Deana C. Roberts, Pittsfield; Marianne Shelvey, Dalton. 

PLYMOUTH DISTRICT (Plymouth County) — Timothy J. Cruz, 
Marshfield.Duxbury. Chief of Staff, Michael J. Horan. First Assistant, 
Frank J. Middleton, Jr., Deputy First Assistant, John E. Bradley, Jr., 
Second Assistant, Michael H. O'Connell. Assistants: Mary L. Amrhein; 
William F. Asci; Heather Bradley; Carolyn Burbine; Courtney Cahill; 
Tara M. Cappola; John D. Cheverie; Kelly DeFao; Suzana Deponte; 
Sharon E. Donatelle; Mark W. Dunderdale;Suzanne M. Dunleavy; 
Kristin Freeman; Saundra R. Edwards; E. Russell Eonas; Thomas J. 
Flanagan, Jr.; Maryclare Flynn; Jeanne L. Holmes; Daniel J. Hourihan; 
Barbara J. Isola; Audrey Anderson Kachour; Jeremy L. Kay; Robert E. 
Kenney, Jr.; Christine M. Kiggen; Jeremy Beth Kusmin; Sean P. 
O'Brien; Mary E. Lee; Richard Linehan; Peter W. Maguire; Gail 
McKenna; John P. McLaughlin; Bridget Norton Middleton; Christopher 
Murray; Karen H. O'Sullivan; Brian D. Palmucci; William C. Ramsey; 
Donna M. Riordan; Michael G. Scott; Nancy Shine; Timothy A. Shine; 
Mary O'Sullivan Smith; Shelby M. Smith; Jennifer L. Sprague; Kristen 
A. Stone; Suzanne M. Sullivan; Robert C. Thompson; Laura Weierman; 
Therese Wright; Laurie Yeshulas. 

SUFFOLK DISTRICT (Suffolk County) — Daniel F. Conley, 
Boston. Assistant District Attorneys: Charles J. Bartoloni; David Bae; Larry 
F. Bates; Edwward Beagan; Allison Beaumier; Jennifer Borges; Timothy J. 
Bradl; David Bradley; Lynn D. Brennan; Holly V. Broadbent; Seema M. 
Brodie; Gloria Brooks; Melissa Brooks; Jeremy Bucci; Tara Burdman; 
Michael Callahan; Emily Cannon; Marguerite Clipper; Kevin Cloutier; 
Kristin Cole; Erica Colombo; Dennis H. Collins; Robert Constantino; 
Audrey Cosgrove; Hollis Crowley;Josiah Curry; Dan Daly; Rose Daley; 
David A. Deakin; Bruce A. Dean; Joseph Ditkoff; Ellen M. Donahue; 
Kelly Ann Downes; Lynda Downey; Kevin Dwyer; Gretchen Edson; 
Joseph Eisenstadt;Christopher Ende; Meaghan Fitzpatrick; Cory S. 
Flashner; Stacey Fortes-White; David Fredette; William R. Freeman; 
Dan Friel; Amy Galatis; William J. Galvin; Stacie Garry; Greg Glennon; 
Brian Goodwin; Erin Grealy; Yaw Gyebi; Patrick M. Haggan; Rahsaan 
Hall; Mark A. Hallal; Patrick Hanley; Katerine Hatch; Nancy L. 
Hathaway; Kevin R. Hayden; Melvin Heard; Christine Helsel; Jennifer J. 
Hickman; Julie Higgins; Leora Joseph; Michael Joyce; Melissa Juarez; 
Michelle Kalowski; Leslie Kane; Thomas Kaplanes; Shadi Kardan; 
Mary C. Kelley; Christopher Kelly; Christine Kerrigan; Masai-Maliek 
King; Edward Krippendorf; John Lacey; Donald LaRoche; Mark T. Lee; 



412 Judiciary. 



Peter Lemire; Tanya Lewis; Paul B. Linn; David Lisner; Theresa Lloyd; 
Judith Lyons; Craig MacLellan; John Magrisso; Audrey Mark; Amanda 
Martin; Jessica Massey; Todd Masters; Dean Mazzone; Mario Mazzone; 
Angela McConney; Alicia McDonnell; Amy McNamee; David E. Meier; 
Christina Miller; Jacqueline Modiste; Stacie Moeser; Gloriann Moroney; 
Daniel Mulhern; Patrick Mulligan; Howard Neff; Alessandra Nocera; 
Philip O'Brien; Alix O'Connell; Gerry Ogus; Evan Ouellete; Joseph 
Pagliarulo; John P. Pappas; Donna Patalano-Jalbert; Dana Pierce; Ian 
Polumbaum; Timothy Pomarole; Linda M. Poulos; John E. Powers, III; 
Terrence M. Reidy;Susannah Reilly; Sarah Richardson; Racquel Ruano; 
Carrie Russell; Patrick Sheehan; Kimberly Shubrooks. 



LIST OF THE 

Executive and Legislative 
Departments 

OF THE 

GOVERNMENT 

OF 

The Commonwealth of Massachusetts 

AND OFFICERS IMMEDIATELY CONNECTED THEREWITH WITH 
PLACES OF RESIDENCE 

2005-2006 



EXECUTIVE DEPARTMENT 

GOVERNOR, 

His Excellency, Mitt Romney (R) 
of Belmont. 

LIEUTENANT-GOVERNOR. 

Her Honor, Kerry Murphy Healey (R) 
of Beverly. 



District Council. 

I. — Carole A. Fiola (D) of Fall River. 
II. — Kelly A. Timilty (D) of Boston. 

III. — Marilyn Petitto Devaney (D) of Watertown. 

IV. — Christopher A. Iannella, Jr. (D) of Boston. 
V. — Mary-Ellen Manning (D) of Peabody. 

VI. — Michael J. Callahan (D) of Medford. 
VII. — Dennis P. McManus (D) of Worcester. 
VIII. — Peter Vickery (D) of Easthampton. 



Chief of Legislative and Intergovernmental Affairs. 

Cynthia Gillespie. 

Chief Legal Counsel to Governor. 

Mark D. Neilsen. 



416 Executive Department. 

Military Establishment 

His Excellency, Mitt Romney, Commander-in-Chief. 

Major General George W. Keefe, 
The Adjutant General, Northampton. 

Military Division 
State Staff 

MG George W. Keefe, The Adjutant General Northampton 

Vacant, Executive Officer 

BG Samuel Shiver, Assistant Adjutant General, Air . . . .Marstons Mills 
COL Paul R. Desforges, Assistant Adjutant General . . . Worcester 

COL (Ret) Mark Murray, State Quartermaster West Boylston 

COL Abraham P. Zimmelman, State Surgeon Newton 

U.S. Property & Fiscal Officer 

COL Frank Baran Marblehead 



Commanders, Massachusetts National Guard 

Army National Guard 
HQ, State Area Command, Mass. ARNG: 

BG Gary A. Pappas Boston 

79th Troop Command: 

COL Barry Lischinsky Beverly 

26th Infantry Brigade: 

COL Steven N. Wickstrom Upton 

42nd Division Artillery: 

LTC Thomas J. Sellars Randolph 

51st Troop Command: 

COL Bernard H. Flynn Reading 

Massachusetts Regional Training Institute: 

COL Charles F. Maguire III Franklin 

Camp Edwards: 

COL Joseph Carter Oak Bluffs 

1/1 04th Infantry Battalion: 

LTC John W. Conley N. Granby, CT 

1/1 8 1st Infantry Battalion: 

LTC Joseph F. Noonan, Jr Maiden 

1/1 82nd Infantry Battalion: 

LTC John A. Delcore Ayer 



Executive Department. 417 



1/1 01 st Field Artillery Regiment: 

LTC Sterling D. MacLeod Lakeville 

l/102nd Field Artillery Regiment: 

MAJ Mark A. Ray Beverly 

3/ 126th GS Aviation Battalion: 

MAJ Paul B. Thibodeau Marstons Mills 

226th DS Aviation Battalion: 

MAJ Kevin B. Keenan Westfield 

726 Fiannce Battalion: 

LTC Joe L. Burch Stoughton 

726th Maintenance Battalion: 

LTC William J. Callahan Natick 

101st Quartermaster Battalion: 

LTC Paul G. Smith Ashburnham 

21 lth Military Police Battalion 

LTC John A. Hammond Burlington 

101st Engineer Battalion 

LTC Thomas A. Pozerski Plymouth 

181st Engineer Battalion 

LTC Gregory T. McDonald Framingham 



Commanders, Massachusetts Air National Guard 

HQ Massachusetts Air National Guard: 

COL (P) Donald J. Quenneville Falmouth 

102d Fighter Wing: 

COL Paul Worcester Plymouth 

104th Fighter Wing: 

COL Michael R. Boulanger Westfield 

253rd Combat Communications Group: 

COL Sandra Ward Yarmouthport 

267th Combat Communications Squadron: 

MAJ Arthur P. Wunder Mashpee 

212th Engineering Installation Squadron: 

MAJ Mark Kelley Medway 



Secretary of the Commonwealth. 

William Francis Galvin (D) of Boston 

Alan N. Cote, First Deputy/Supervisor of Public Records, 

17th Floor, McCormack Building, Boston. 
Laurie T. Flynn, Maiden, Chief Legal Counsel/Director of Corporations, 

16th Floor, McCormack Building, Boston. 



4 1 8 Executive Department. 



Kevin R. Harvey, Salem, Director of Registry of Deeds, 

16th Floor, McCormack Building, Boston. 
Michael A. Maresco, Marshfield, Assistant Secretary/Director of 

Legislation, Room 337, State House, Boston. 
Paul C. McCarthy, Bellingham, Director of Administrative Services, 

17th Floor, McCormack Building, Boston. 
Roberta Baker, Auburn, Director of Human Resources, 

16th Floor, McCormack Building, Boston. 
Thomas Blazej, Melrose, Director of Graphic Communications, 

16th Floor, McCormack Building, Boston. 
Michelle K. Tassinari, Legal Counsel for Elections, 

17th Floor, McCormack Building, Boston. 
John D. Warner, Jr., Norwood, Director of Archives, 

State Archives Building, Columbia Point, Boston. 
Michael Comeau, Assitant Director of Archives, 

State Archives Building, Columbia Point, Boston. 
Richard Sundstrom, Westborough, Director of Archives Building 

Facility, State Archives Building, Columbia Point, Boston. 
Brian Shea, Norton, Director of State Records Center, 

State Archives Building, Columbia Point, Boston. 
(Vacant), Director, Massachusetts Historical 

Commission, State Archives Building, Columbia Point, Boston. 
Stephen Kenney, Quincy, Director of Commonwealth Museum, 

State Archives Building, Columbia Point, Boston. 
Bryan J. Lantagne, Director of Securities, 

17th Floor, McCormack Building, Boston. 
Steve Kfoury, Lawrence, Director of State Publications and 

Regulations, 16th Floor, McCormack Building, Boston. 
Janice Bowers, Scituate, Director of State Bookstore, 

Room 1 16, State House, Boston. 
Mary Rinehart-Stankiewicz, Andover, Director of State House Tours, 

Room 194, State House, Boston. 
Corolette Goodwin, Salem, Director of Central Services, 

Room 2A, McCormack Building, Boston. 

Treasurer and Receiver-General 

Timothy P. Cahill (D) of Quincy. 

Douglas Rubin, First Deputy Treasurer Natick 

Neil Morrison, Esq., Deputy Treasurer, Chief of Staff .... Taunton 

Eileen O'Connor, Director of Communication Arlington 

Jeffrey Stearns, Deputy Treasurer, 

Debt Management Kingston 



Executive Department. 4 1 9 



Timothy Brooks, Assistant Treasurer, 

Cash Management Cohasset 

Grace Lee, Esq., Deputy Treasurer, Chestnut Hill 

General Counsel 
Eileen Glovsky, Assistant Treasurer, Human Resources . . Sudbury 
Mark Cavanaugh, Deputy Treasurer, 

Abandoned Property Peabody 

Alfred J. Grazioso, Jr., Assistant Treasurer, 

Administration & Finance Quincy 

Peter Navarro, Assistant Treasurer, 

Information Technology Ashland 

Nick Favorito, Executive Director, State Board 

of Retirement Amesbury 

Scott Jordan, Executive Director, Massachusetts 

Water Pollution Abatement Trust Charlestown 

Joseph Sullivan, Executive Director, Massachusetts State Lottery 

Commission Braintree 

Scott Campbell, Director of Operations Quincy 

Denise Hebert, Internal Audit Rhode Island 

Katherine Craven, Executive Director West Roxbury 

Massachusetts School Building Authority 

Eddie Jenkins, Esq., Chairman, 

Alcoholic Beverages Control Commission Jamaica Plain 

Michael Travaglini, Executive Director, 

Pension Reserves Investment Management Board . . . Winchester 



Auditor of the Commonwealth. 

A. Joseph DeNucci (D) of Newton. 

Kenneth A. Marchurs First Deputy Auditor for 

Audit Operations 

Elizabeth A. Capstick Deputy Auditor for Administration 

John W. Beveridge Deputy Auditor for MIS/EDP 

John W. Parsons Deputy Auditor/ General Counsel/ 

Local Mandates 

Maryann Kelley Deputy Auditor for Policy, Planning and 

Intergovernmental Affairs 

Attorney General 

Thomas F. Reilly (D) of Watertown 



420 Executive Department. 



First Assistant. 
Dean Richlin. 

I. Executive Bureau 

Steve Bilafer, Chief of Staff 

a. General Counsel to the Attorney General 
Pamela Dashiell. 

b. Deputy General Counsel 
Deborah Steenland. 

c. Chief of Administration & Finance 
Jason Queenin. 

d. Deputy Chief of Staff for Policy and External Affairs 
Laura Marlin. 

e. Deputy Chief of Administration & Finance 
Ellen Donaghey. 

f. Director of Communications 
Ann Donlan. 

g. Director of Intergovernmental Affairs 
Jeffrey Collins. 

h. Director of Finance 

Frank Velluto. 
i. Director of Human Resource Management 

Diana LaRochelle. 
j. Director of Information Technology 

Paula Durant. 
k. Director of Operations 

Eugene Ring. 
1. Law Librarian 

Karin Thurman. 

II. Business and Labor Protection Bureau 
David Nalven, Chief. 
Connie McGrane, Deputy Bureau Chief. 

a. Fair Labor & Business Practices Division 
Daniel F. Field, Chief. 

b. Insurance & Unemployment Fraud Division 
Eliot Green, Chief. 

c. Medicaid Fraud Control Unit 
Nicholas Messuri, Chief. 

III. Criminal Bureau 



Executive Department. 42 1 



Kurt Schwartz, Chief. 

Michele Andelman, Deputy Bureau Chief. 

Beth Merachnik, Senior Trial Counsel. 

a. Appeals Division 

Cathy Neaves, Acting Chief. 

b. Central Artery/Tunnel 
Nancy Bloomberg, Director. 

c. Corruption, Fraud & Consumer Crimes Division 
John Grossman, Chief. 

d. Criminal Justice Policy Division 
James O'Brien, Chief. 

e. Environmental Crimes Strike Force 
Paul Molloy, Chief. 

f. Financial Investigations Division 
Paul Stewart. 

g. Safe Neighborhood Initiative Division 
Ellen Frank, Director. 

h. Special Investigations & Narcotics Division 

William Bloomer, Chief, 
i. State Police Detective Unit 

Lieutenant Steve Matthews, Massachusetts State Police, 
j. Victim Compensation & Assistance Division 

Cheryl Watson, Director, 
k. Victim Witness Assistance. 

Kathleen Morrissey, Director. 

IV. Government Bureau 
Stephanie Lovell, Chief. 
Peter Sacks, Deputy Bureau Chief. 

a. Administrative Law Division 
Bill Porter, Chief. 

b. Trial Division 
David Kerrigan, Chief. 



V. Public Protection Bureau 
Alice Moore, Chief. 
David Beck, Deputy Bureau Chief. 

a. Civil Rights/Civil Liberties Division 
Cathy Ziehl, Chief. 

b. Consumer Complaint & Information Section 



422 Executive Department. 



Janis Noble, Director. 

Consumer Protection & Antitrust Division 

Jesse Caplan, Chief. 

Environmental Protection Division 

Jim Milkey, Chief. 

Insurance Division 

Glenn Kaplan, Chief. 

Investigations Division 

Quinton Dale, Director. 

Mediation Services Division 

Michelle Booth. 

Public Charities Division 

Jamie Katz, Chief. 

Utilities Division 

Joseph Rogers, Chief. 



VI. Regional Operations 



Central Massachusetts Regional Office 
Maria Hickey Jacobson, Chief. 
Southeastern Massachusetts Regional Office 
Mary O'Neil, Chief. 
Western Massachusetts Regional Office 
Janice Healy, Chief. 



Office of the Inspector General. 

[Chapter 579 of the Acts of 1980, as amended] 

Gregory W. Sullivan, Inspector General, Norwood. 

Richard Finocchio, First Assistant Inspector General . . Marblehead 

Barbara Hansberry, General Counsel Watertown 

Mary Beth Farrelly, Director of Administration 

and Finance Wrentham 



Governor's Cabinet 



Governor 's Cabinet. 425 



Governor's Cabinet. 

[Chapter 704 of the Acts of 1969, as amended.] 

[This listing includes the Secretariats, as reorganized under Chapter 57 
of the Acts of 1996, and subsequently amended by sections 10 and 527 
of Chapter 151 of the Acts of 1996, Executive Departments that report 
directly to the Governor, and boards that are appointed by the Governor.] 

SECRETARIATS. 

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. 

Executive Secretary, Eric Kriss. 

Undersecretary and Chief Administrative Officer, Peter Schwarzenbach. 

Chief Information Officer, Peter Quinn. 



Major Agency Heads: 

Fiscal Affairs Division (FAD), David Westervelt, Budget Director. 
Bureau of State Office Buildings (BSB), Neil Kilpeck, Superintendent. 
Division of Capital Asset Management and Maintenance (DCAMM), 

David Perini, Commissioner. 
Civil Service Commission (CSC), Lydia Goldblatt, Chairwoman. 
Office of the Comptroller (OSC), Martin Benison, Comptroller. 
Massachusetts Developmental Disabilities Council (MDDC), Daniel 

Shannon, Executive Director. 
Massachusetts Office on Disability (MOD), Myra Berloff, Acting 

Director. 
Massachusetts Commission Against Discrimination (MCAD), Dorca I. 

Gomez, Chairwoman. 
Massachusetts Office of Dispute Resolution (MODR), Susan Jeghelian, 

Executive Director. 
Group Insurance Commission (GIC), Dolores Mitchell, Executive 

Director. 
Board of Library Commissioners (BLC), Robert Maier, Director. 
Information Technology Division (ITD), Peter Quinn, Director and Chief 

Information Officer. 
Massachusetts Teachers ' Retirement Board (MTRB), Joan Schloss, 

Executive Director. 
Division of Human Resources (HRD), Ruth Bramson, Chief Human 

Resources Officer. 
Public Employee Retirement Administration Commission (PERAC), 

Joseph Cannarton, Executive Director. 



426 Governor's Cabinet. 



Department of Revenue (DOR), Alan L. LeBovidge, Commissioner. 
State Library (George Fingold) (OSD), Stephen Fulchino, State 
Librarian/Director. 

Agencies Include: — 

Division of Administrative Law Appeals (DALA). 

Appellate Tax Board (ATB). 

Fiscal Affairs Division (FAD). 

Bureau of State Office Buildings (BSB). 

Division of Capital Asset Management and Maintenance (DCAMM). 

Civil Service Commission (CSC). 

Office of the Comptroller (OSC). 

Massachusetts Development Disabilities Council (MDDC). 

Massachusetts Office On Disability (MOD) . 

Massachusetts Commission Against Discrimination (MCAD). 

Massachusetts Office of Dispute Resolution (MODR). 

Group Insurance Commission (GIC). 

Board of Library Commissioners (BLC). 

Information Technology Division (ITD). 

Massachusetts Teachers' Retirement Board (MTRB). 

Division of Human Resources (HRD). 

Operational Services Division (OSD). 

Public Employee Retirement Administration Commission (PERAC). 

Department of Revenue (DOR). 

State Library (George Fingold) (OSD). 

EXECUTIVE OFFICE OF ELDER AFFAIRS. 
[Chapter 1168 of the Acts of 1973.] 

Executive Secretary, Jennifer Davis Carey, Worcester. 

Chief of Staff, Elana H. Margolis, Sharon. 

Deputy Chief of Staff, Elana Margolis, Sharon. 

Assistant Secretary, Program & Administration, Perry Trilling, Ashland. 

Assistant Secretary, Planning & Program Development, Ellie Shea- 

Delaney, Dedham. 
General Counsel, Susan Anderson, Wellesley. 

Deputy Assistant Secretary for Long Term Care, Rachel Richards, Stow. 
Press Secretary, Je'Lesia Jones, Wellesley. 
Director of Administration & Finance, Martin Baker, Franklin. 
Budget Director, Janet Cornebise, Watertown. 
Director of the Project Management Office, Mary Kay Browne, 

Waltham. 
Legislative Director, Siobhan Coyle, Beverly. 



Governor's Cabinet. All 



EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS. 

Secretary, Stephen Pritchard. 

Undersecretary for Policy & Acting Chief of Staff , James Stergios. 

General Counsel, Mary Griffin. 

Assistant Secretary for Public Affairs, Joseph O 'Keefe. 

Assistant Secretary for Environmental Review, Deerin Babb-Brott. 

Assistant Secretary for Human Resources, Mary Sharkey. 

Director of Coastal Zone Management, Susan Snow-Cotter. 

Director of Conservation Services & Forest Policy, Robert O'Connor. 

Director of the Environment Trust, Robbin Peach. 

Director of Geographic Information Services, Christian Jacqz. 

Director of Environmental Law Enforcement, James Hanlon. 

Director of Public/Private Partnerships, Betsy Shure-Gross. 

Director of Technical Assistance, Paul Richard. 

DEPARTMENT OF AGRICULTURAL RESOURCES 

Commissioner, Douglas Gillespie. 

Deputy Commissioner & Chief of Staff, Kent Lage. 

DEPAR TMENT OF CONSER VA TION & RECREA TION 
Acting Commissioner, Stephen Pritchard. 
Acting Chief of Staff . Josh Bagnato. 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 
Commissioner, Robert Golledge. 
Chief of Staff, Philip Griffiths. 

DEPARTMENT OF FISH & GAME 
Commissioner, David Peters. 
Program Coordinator, Robert Greco. 

MASSA CHUSETTS WA TER RESOURCES A UTHORJTY 
Chairman of the Board. Stephen Pritchard. 
Executive Director, Fred Laske. 



EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES. 

Secretary, Ronald P. Preston. 
Undersecretary, Steven Kadish. 

MAJOR AGENCY HEADS: — 

Commission for the Blind, David Govostes, Commissioner. 

Commission for the Deaf and Hard of Hearing, Heidi Reed, 

Commissioner. 
Department of Social Services, Harry Spence, Commissioner. 



428 Governor's Cabinet. 



Department of Mental Health, Ken Duckworth, Interim Commissioner. 
Department of Public Health, Christine Ferguson, Commissioner. 
Department of Transitional Assistance, John Wagner, Commissioner. 
Department of Youth Services, Michael Bolden, Commissioner. 
Office of Child Care Services, Ardith Wieworka, Commissioner. 
Soldiers ' Home in Chelsea, Michael Resca, Commandant. 
Soldiers ' Home in Holyoke, Paul Morin, Superintendent. 
Division of Health Care Finance and Policy, Christine Ferguson, Acting 

Commissioner. 
Massachusetts Rehabilitation Commission, Elmer C. Bartels, 

Commissioner. 
Department of Mental Retardation, Gerald J. Morrissey, Jr., 

Commissioner. 
Office of Refugees and Immigrants, Juliette Nguyen, Director. 
Division of Medical Assistance, Doug Brown, Commissioner. 

Agencies Include: — 

Department of Mental Health. 

Department of Social Services. 

Office of Child Care Services. 

Department of Transitional Assistance. 

Department of Public Health. 

Division of Health Care Finance and Policy. 

Division of Medical Assistance. 

Massachusetts Rehabilitation Commission. 

Commission for the Blind. 

Commission for the Deaf and Hard of Hearing. 

Soldiers' Home in Chelsea. 

Soldiers' Home in Holyoke. 

Department of Youth Services. 

Department of Mental Retardation. 

Office of Refugees and Immigration. 

Advisory Boards: — 

Board of Trustees of all State Hospitals and State Schools. 

Refugee Advisory Council. 

Mental Health Advisory Council. 

Mental Retardation Advisory Council. 

Commission for Licensing Radiologist Technologists. 

Health Facilities Appeal Board. 

Governor's Commission on Physical Fitness. 

Public Health Council. 

Advisory Board for Lead Paint Poisoning Program. 



Governor 's Cabinet. 429 



Nutrition Board. 

Organ Transplant Fund Advisory Board. 

Drug Formulary Commission. 

Advisory Council on Radiation Protection. 

Advisory Council on Alcoholism. 

Drug Addiction Rehabilitation Board. 

Board of Trustees Massachusetts Hospital School. 

Board of Trustees Tewksbury Hospital. 

Advisory Council to the Massachusetts Rehabilitation Commission. 

Advisory Council to the Massachusetts Commission for the Blind. 

Advisory Council to the Massachusetts Commission for the Deaf and 

Hard of Hearing. 
Board of Trustees of the Soldiers' Home in Chelsea. 
Board of Trustees of the Soldiers' Home in Holyoke. 
Statewide Independent Living Council. 
Children's Trust Fund. 

Advisory Committee on Chaplains in State Institutions. 
Adolescent Health Council. 

EXECUTIVE OFFICE OF PUBLIC SAFETY. 

Executive Secretary, Edward A. Flynn. 
Undersecretary, Robert Hass. 
Undersecretary, Richard Swensen. 
Chief of Staff, Jane Tewksbury. 

Major Agency Heads: — 

Criminal History Systems Board, Barry LaCroix, Executive Director. 

Department of Correction. Michael Maloney, Commissioner. 

Department of Fire Services, Steve Coan, Fire Marshal. 

Department of Public Safety, Joseph Lalli, Commissioner. 

EOPS - Programs Division, Michael O'Toole, Executive Director. 

Massachusetts Emergency Management Agency, Steve McGrail, 

Director. 
Merit Rating Board, Mary Ann Mulhall, Director. 
Municipal Police Training Council, Dennis Pinkham, Director. 
Military Division, Brigadier General George Keefe, Adjutant General. 
Office of the Medical Examiner, Dr. Richard Evans, Chief Medical 

Examiner. 
Parole Board, Maureen Walsh, Acting Chair. 
Police Accreditation Committee, Donna Taylor Mooers, Executive 

Director. 
Registry of Motor Vehicles, Kim Hinden, Registrar. 



430 Governor's Cabinet. 



Sex Offender Registry Board, Anne Dawley, Chair. 
State Police, Col. Thomas J. Foley, Superintendent. 
Statewide Emergency Telecommunications Board, Paul Fahey, 
Executive Director. 

Agencies Include: — 

Department of Public Safety 

Board of Boiler Rules. 

Board of Building Regulations and Standards. 

Board of Elevator Appeals. 

Board of Elevator Examiners. 

Board of Elevator Regulations. 

Board of Fire Prevention Regulations. 

Bureau of Pipefitters and Refrigeration Technicians. 

Division of Inspections. 

Licensing Section. 

State Fire Marshal's Office. 

Recreational Tramway Board. 

State Boxing Commission. 

State Office of Investigations. 

Massachusetts Committee on Criminal Justice Proposal Review 

Board. 
Massachusetts Firefighting Academy. 
Massachusetts Fire Training Council. 
Merit Rating Board. 
Office of the Chief Medical Examiner. 
Medicolegal Investigation Committee. 
Registry of Motor Vehicles. 
Medical Advisory Board. 
Architectural Access Board. 
Governor's Highway Safety Bureau. 
Governor's Highway Safety Committee. 

Statewide Emergency Management Telecommunication Board. 
Firearms Division. 

EXECUTIVE OFFICE OF TRANSPORTATION 
AND CONSTRUCTION. 

Secretary of Transportation and Construction and MBTA chairman, 

John Cogliano. 
Chief of Staff, Edward J. Curley, Esq. 
Undersecretary, Susan Bristol. 
Undersecretary, Thomas J. Waruzila. 
Deputy Secretary for Transportation Programs, Thomas Cahir. 



Governor 's Cabinet. 43 1 



Deputy Secretary for Transportation Planning, Kenneth Miller. 

General Counsel, David Veator, Esq. 

Director of Public Affairs, Jonathan Carlisle. 

Director of Civil Rights, Angela Hemingway Rudikoff. 

Major Agency Heads: — 

Massachusetts Highway Department,Luisa Paiewonsky, Commissioner. 

Massachusetts Aeronautics Commission, Arthur G. Allen, Chairman; 

Wayne Kerchner, Acting Executive Director. 
Registry of Motor Vehicles, Kimberly Hinden, Registrar 
Massachusetts Bay Transportation Authority, Daniel J. Grabauskas, 

General Manger. 

Agencies Include: — 

Massachusetts Aeronautics Commission. 
Massachusetts Highway Department. 
Registry of Motor Vehicles. 
Massachusetts Bay Transportation Authority. 
Regional Transportation Authorities. 



DEPARTMENTS AND OFFICES REPORTING 
DIRECTLY TO GOVERNOR. 

OFFICE OF CONSUMER AFFAIRS AND 
BUSINESS REGULATION. 

Director, Beth Lindstrom, Groton. 

Deputy Director, Jed Nosal, Dorchester. 

General Counsel, David Murray, Newton. 

Director of Communications, Christopher Goetcheus, Newton. 

Director of Consumer Education, Susan Frigoletto. Charlestown. 

Chief Financial Officer, Gray Holmes, Wayland. 

Executive Assistant, Parmeet Sahota, Boston. 

Major Agency Heads: — 

Division of Banks, Stephen Antonakes, Ipswich, Commissioner; Joseph 

Leonard, Hyde Park, General Counsel; David Cotney, Brookline, 

Deputy Commissioner; John Prendergast, Canton, Deputy 

Commissioner. 
Division of Insurance, Julianne Bowler, South Boston, Commissioner; 

Elizabeth Ditomassi, Boston, General Counsel. 
Division of Telecommunications and Energy, Paul Afonso, Boston, 

Chairman; James Connelly, Hingham, Commissioner; Brian Golden, 



432 Governor's Cabinet. 



Allston, Commissioner; W. Robert Keating, Reading, Commissioner; 

Judith Judson, Topsfield, Commissioner; Timothy Shevlin, Milton, 

Executive Director; Andrew Kaplan, Needham, General Counsel. 
State Racing Commission, John Magee, Chestnut Hill, Acting Chairman; 

John Sherman, Associate Commissioner. 
Division of Professional Licensure, Anne Collins, Arlington, Executive 

Director; Ric Page, Haverhill, Deputy Director; Linda Grasso, Dover, 

General Counsel. 
Division of Standards, Donald Falvey, Milton, Director; Charles Carroll, 

Wakefield, Assistant Director. 
Division of EnergyResources, David O'Connor, Brookline, 

Commissioner; Jane Savery, Cambridge, Deputy Commissioner; 

Cynthia Arete, Newton, Deputy Commissioner; Robert Sydney, 

Newton, General Counsel. 

Agencies Include: — 

Alcoholic Beverages Control Commission. 

Board of Registration in Medicine. 

Division of Banks. 

Division of Insurance. 

Division of Telecommunications and Energy. 

State Racing Commission. 

Division of Standards. 

Division of Energy. 

Division of Professional Licensure: 

Board of Registration of Allied Health Professionals. 

Board of Registration of Allied Mental Health. 

Board of Registration of Architects. 

Board of Registration of Barbers. 

Board of Registration of Chiropractors. 

Board of Registration of Cosmetology. 

Board of Registration in Dentistry. 

Board of Registration of Dispensing Opticians. 

Board of Registration of Operators of Drinking Water Supply 
Facilities. 

Board of State Examiners of Electricians. 

Board of Registration of Electrologists. 

Board of Registration in Embalming and Funeral Directing. 

Board of Registration of Professional Engineers and Land 
Surveyors. 

Board of Certification of Health Officers. 

Board of Registration of Landscape Architects. 

Board of Registration in Nursing. 



Governor's Cabinet. 433 



Board of Registration of Nursing Home Administrators. 

Board of Registration in Optometry. 

Board of Registration in Pharmacy. 

Board of Registration of Physician Assistants. 

Board of State Examiners of Plumbers and Gas Fitters. 

Board of Registration in Podiatry. 

Board of Registration of Psychologists. 

Board of Public Accountancy. 

Board of Registration of Radio and Television Technicians. 

Board of Registration of Real Estate Appraisers. 

Board of Respiratory Care. 

Board of Registration of Sanitarians. 

Board of Registration of Social Workers. 

Board of Registration for Speech-Language Pathology and 

Audiology. 
Board of Registration in Veterinary Medicine. 
Board of Registration of Home Inspectors (May, 2001). 
Board of Registration of Dieticians and Nutritionists 

(June, 2001). 

DEPARTMENT OF BUSINESS AND TECHNOLOGY. 

Director, Renee Fry. 
Chief of Staff , Deboroh Shuffrin. 
Chief Financial Officer, Diana Salemy. 
General Counsel, Peter Scantalides. 

Major Agency Heads: — 

Massachusetts Office of Travel and Tourism, Paul Sacco, Executive 

Director. 
Office of International Trade and Investment, Robert Ward, Director. 
State Office of Minority and Women 's Business Assistance, Robert 

Fortes, Executive Director. 
Massachusetts Office of Business Development, Rod Jane, Executive 

Director. 

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT. 

Secretary, Ranch Kimball. 

Undersecretary, Renee Fry. 

Chief of Staff , Christopher Bowman. 

Deputy Chief of Staff , Ellen Schneider. 

Director of Communications, Joseph Donovan. 



434 Governor's Cabinet. 



DEPARTMENT OF LABOR. 

Director, John Ziemba. 

Chief of Staff, Gayl Mileszko. 

Board of Conciliation and and Arbitration 

Chairman, James F. Kelly, Jr. 

Department of Industrial Accidents 

Commissioner and Deputy Commissioner, John Chapman. 

General Counsel, Gregory White. 

Deputy Commissioner for Administration, Jack Tyan. 

Division of Occupational Safety 

Commissioner, Robert Perzioso. 

Joint Labor- Management Committee 

Chairman, Samuel Zoll. 

Senior Staff Represntative for Labor, James P. Costello. 

Senior Staff Representative for Management, Jane Mclaughlin. 

Labor Relations Commission 

Chairman, Helen Moreschi. 

Commissioner, Hugh Reilly. 

DEPARTMENT OF WORKFORCE DEVELOPMENT. 

Director, Jane C. Edmonds. 

Chief of Staff Janice S. Tatarka. 

Chief Legal Counsel, Paul T. O'Neill. 

Chief Financial Officer, Joan F. Lenihan. 

Deputy Director of Workforce Development, Jennifer James. 

Financial Manager, Janice M. Fennell. 

Career Center Program Director, Arlene Damon. 

Affirmative Action/Equal Opportunity Officer, Elisabeth Smith. 

Payroll/Operations Manager, Paula M. Cucinotta. 

Administrative Assistant(s), Jane Marie Frain and Anne Marie Tainter. 

Major Agency Head: — 

Division of Apprenticeship Training, John Rich. 

Division of Career Services, Susan Lawler. 

Division of Unemployment Assistance, John P. O'Leary. 

Massachusetts Workforce Investment Board, Peter Torkildsen, Executive 

Director; Jane Maurer, Associate Director. 
Commwealth Corporation, Jonathan Raymond, President 

Agencies Include: — 

Division of Apprenticeship Training. 
Division of Career Services. 



Governor's Cabinet. 435 



Division of Unemployment Assistance. 
Massachusetts Workforce Investment Board. 
Commonwealth Corporation. 

DEPARTMENT OF HOUSING AND COMMUNITY 
DEVELOPMENT. 

Director, Jane Wallis Gumble. 

Deputy Director, Fred Habib. 

Deputy Director for Policy Devlopment, Sarah Young. 

Chief of Staff, Philip Hailer. 

Director of Communications, Philip Hailer. 

Division of Public Housing and Rental Assistance, Marc A. Slotnick, 

Associate Director. 
Housing Development, Catherine Racer, Associate Director. 
Community Services, Sandra Hawes, Associate Director. 

Quasi-Public Affiliations Include: — 
Massachusetts Housing Finance Agency. 
Massachusetts Housing Partnership. 
Community Development Finance Corporation. 
Community Economic Development Assistance Corporation. 

Key Commissions: 

Manufactured Homes Commission. 

Commission on Indian Affairs. 

Housing Appeals Committee. 

Economic Assistance Coordinating Council. 



BOARDS APPOINTED BY THE GOVERNOR. 

BOARD OF EDUCATION. 

Board of Education, James A. Peyser, Dorchester, Chairman. 
Board of Higher Education, Judith Gill, Boston, Chancellor; 
Stephen Tocco, Reading, Chairman. 



* The Department of Education, and its commissioner, David Driscoll, are not 
appointed by the Governor. 



Senate, Alphabetically. 437 

LEGISLATIVE DEPARTMENT. 
SENATE, ALPHABETICALLY. 



Antonioni, Robert A Worcester and Middlesex 

District. 

Augustus, Edward M., Jr Second Worcester District. 

Baddour, Steven A First Essex District. 

Barrios, Jarrett T Middlesex, Suffolk and Essex 

District. 

Berry, Frederick E Second Essex District. 

Brewer, Stephen M Worcester, Hampden, Hampshire 

and Franklin District. 

Buoniconti, Stephen J Hampden District. 

Brown, Scott P Norfolk, Bristol and Middlesex 

District. 

Chandler, Harriette L First Worcester District. 

Creedon, Robert S., Jr Second Plymouth and Bristol 

District. 
Creem, Cynthia Stone First Middlesex and Norfolk 

District. 

Fargo, Susan C Third Middlesex District. 

Hart, John A., Jr First Suffolk District. 

Havera, Robert A Fourth Middlesex District. 

Hedlund, Robert L Plymouth and Norfolk District. 

Jehlen, Patricia D.** Second Middlesex District. 

Joyce, Brian A Norfolk, Bristol and Plymouth 

District. 
Knapik, Michael R Second Hampden and Hampshire 

District. 
Lees, Brian P First Hampden and Hampshire 

District. 
McGee, Thomas M Third Essex and Middlesex 

District. 
Menard, Joan M First Bristol and Plymouth 

District. 
Montigny, Mark C Second Bristol and Plymouth 

District. 

Moore, Richard T Worcester and Norfolk District. 

Morrissey, Michael W Norfolk and Plymouth District. 

Murray, Therese Plymouth and Barnstable District. 



438 



Senate, Alphabetically. 



Nuciforo, Andrea F., Jr Berkshire, Hampshire and 

Franklin District. 

O'Leary, Robert A Cape and Islands District. 

Pacheco, Marc R First Plymouth and Bristol 

District. 

Panagiotakos, Steven C First Middlesex District. 

Resor, Pamela P Middlesex and Worcester 

District. 
Rosenberg, Stanley C Hampshire and Franklin 

District. 
Spilka, Karen E Second Middlesex and Norfolk 

District. 

Shannon, Charles E., Jr.* Second Middlesex District. 

Tarr, Bruce E First Essex and Middlesex 

District. 

Timilty, James E Bristol and Norfolk District. 

Tisei, Richard R Middlesex and Essex District. 

Tolman, Steven A Second Suffolk and Middlesex 

District. 

Travaglini, Robert E First Suffolk and Middlesex 

[President] District. 

Tucker, Susan C Second Essex and Middlesex 

District. 

Walsh, Marian Suffolk and Norfolk District. 

Wilkerson, Dianne Second Suffolk District. 



Deceased (April 5, 2005) 

* Elected September 27, 2005; qualified October 12, 2005 



Senate by Districts 



440 



Senate by Districts. 



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East Longmeadow, 
5 Millbrook Circle 

Westfield, 45 East Silver Street 

Amherst, 38 Webster Court 
Lowell, 191 Sanders Avenue 
Winchester, 17 Robinson Park 

Somerville, 67 Dane Street 
Lincoln, 7 Mine Brook Road 


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Plymouth, 1 Winding Lane 

Taunton, 7 Dartmouth Street 

Brockton, 393 West Elm Street 
Weymouth, 54 Longwood Road 
Boston, 62 G Street 
Boston, 3 Douglass Park 

Boston, 5 1 Saint Andrew Road 

Boston, 17 Madeline Street 
Boston, 80 Brook Farm Road 
Worcester, 97 Aylesbury Road 
Worcester, 87 Lakewood Street 


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Seating Arrangement of the Senate. 



445 



SEATING ARRANGEMENT 
OF THE SENATE 

Hon. ROBERT E. TRAVAGLINI, President. 



On the President 's Left. 

1. Hon. Frederick E. Berry 

2. Hon. Marian Walsh 

3. Hon. Joan M. Menard 

4. Hon. Robert A. Havern 

5. Hon. Therese Murray 

6. Hon. Stephen M. Brewer 

7. Hon. Steven A. Baddour 

8. Hon. John A. Hart, Jr. 

9. Hon. James E. Timilty 

10. Hon. Brian A. Joyce 

11. Hon. Patricia D. Jehlen 

12. Hon. Pamela P. Resor 

13. Hon. Harriette L. Chandler 

14. Hon. Robert A. Antonioni 

15. Hon. Cynthia Stone Creem 

16. Hon. Dianne Wilkerson 

17. Hon. Steven C. Panagiotakos 

18. Hon. Thomas M. McGee 

19. Hon. Stephen J. Buoniconti 

20. Hon. Andrea F. Nuciforo, Jr. 



On the President 's Right. 

I. Hon. Stanley C. Rosenberg 

2. Hon. Mark C. Montigny 

3. Hon. Michael R. Knapik 

4. Hon. Brian P. Lees 

5. Hon. Richard R. Tisei 

6. Hon. Bruce E. Tarr 

7. Hon. Robert L. Hedlund 

8. Hon. Scott P. Brown 

9. Hon. Karen E. Spilka 
10. Hon. Robert A. O'Leary 

I I . Hon. Richard T. Moore 

12. Hon. Susan C. Tucker 

13. Hon. Steven A. Tolman 

14. Hon. Susan C. Fargo 

15. Hon. Jarrett T. Barrios 

16. Hon. Edward M. Augustus, Jr. 

17. Hon. Marc R. Pacheco 

18. Hon. Michael W. Morrissey 

19. Hon. Robert S. Creedon, Jr. 

20. Vacant 



446 Officers of the Senate. 

OFFICERS AND EMPLOYEES 
OF THE SENATE 



President of the Senate. 

Hon. ROBERT E. TRAVAGLINI, Boston. 
Room 332, State House. 

Chief of Staff/Chief Legal Counsel to the President of the Senate. 
ARTHUR BERNARD. 

Deputy Chief of Staff, Senate President's Office. 
CHRISTIAN SCORZONI. 

Counsel/Chief Policy Director to the President of the Senate. 

DAVID FRIEDMAN. 

Chief Fiscal Policy Director, Senate President's Office. 

DAVID MORALES. 

Director of Administration and Business Manager. 
CHRISTOPHER E. PHILLIPS 

Director of Communications, Senate President's Office. 

ANN DUFRESNE. 



Senate Clerk. 

(General Laws, Chapter 3, Sections 12-13) 

WILLIAM F. WELCH, Milford. 

Room 335, State House 

Assistant Clerk. 
MICHAEL D. HURLEY, South Boston. 

Second Assistant Clerk. 

STACEY N. OSTIGUY, Quincy. 

Senate Calendar Clerk. 
CHRISTOPHER L. DUNN, Jr., Beverly. 

Office Manager. 

JOHN G. CRONIN, Milton. 



Officers of the Senate. 447 



Clerical Assistants. 

DENNIS W. COFFEY, Everett. 
PAUL J. COUGHLIN, Danvers. 

ROBERT J. YEAGER, Avon. 

ANDREA M. MARUZZI, Revere. 

CAROLYN DAVIS, Milton. 

Counsel to the Senate. 

(General Laws, Chapter 3, Sections 51-55) 

DAVID E. SULLIVAN, Cambridge. 

Room 200, State House 

Deputy Counsel to the Senate 

STEVEN E. THOMAS, Westwood. 

Assistant Counsels to the Senate. 
ROBERT D. BOWES, SR. , Lynn. 

IRENE M. COMEAU, Boston. 

EILEEN S. FITZGERALD, Milton. 

JANET B. FOGEL, Newton. 

Sergeant-at-Arms. 

KEVIN W. FITZGERALD, Boston 
Room 10, State House. 

Appointees. 

Assistant Sergeant-at-Arms — 

Assistant Sergeant-at-Arms — Alice Fitzmaurice. 

Chief Administrative Voucher Examiner — Karen Johnson. 

Assistant Sergeant-at-Arms — Cheryl Dennis. 



Assigned to Senate. 
Chief Court Officer. 

PAUL I. DOOLEY 



Assigned Chief Court Officers. 

BENJAMIN HUBBART MICHAEL F. TIERNEY 



448 Sergeant-at-Arms, etc.. 

General Court Officers. 

JOSEPH ALLESSANDRO CHRISTINE BOARDMAN 

KERRI BUCKLEY THOMAS McDONOUGH 

JOSEPH O'DONNELL 

Assistant Legislative Postmasters. 

angel rosa daniel s. elio 

Joint Senate-House 
Legislative Engrossing Division. 

JOAN CHAISSON, Director of Engrossing. 

COLLEEN A. CARROLL, Clerk. 

SYLVIA CURLEY, Clerk. 

LAUREN MANN, Clerk. 

BRYAN MENDONCA, Clerk. 

JUDITH M. O'BRIEN, Clerk. 

PAULA WARD, Clerk. 

Document Room. 

Director of Documents Assistant Director of Documents 

RONNY M. SYDNEY STEPHEN IANNESSA 

Document Room Clerks 

james t. corcoran thomas hegarty 
shawn linehan 

Legislative Bulletin. 

DANIEL J. RANIERI, Editor. 



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Officers of the House. 469 

OFFICERS AND EMPLOYEES OF THE 
HOUSE OF REPRESENTATIVES 

Hon. SALVATORE F. DiMASI, Boston, Speaker. 

Room 355, State House. 
STEVEN T. JAMES, Boston, Clerk. Room 145, 

State House. 
SCOTT J. MITCHELL, Burlington, Assistant Clerk. 

Room 145, State House. 
ROBERT J. DeCARLO, Winthrop, Second Assistant Clerk. 

Room 145, State House. 
KEVIN W. FITZGERALD, Boston, Sergeant-at-Arms. 

Room 10, State House. 
REVEREND ROBERT F. QUINN, Boston, Chaplain. 

Clerical Assistants to House Clerk. 

James J. Twomey, Jr, Boston 

Catherine M. Sclafani Quincy 

William H. Tierney Woburn 

Timothy Carroll Boston 

Stephen A. Zerdelian Watertown 

Matthew P. Landry North Attleborough 

Counsel to the House. 

(General Laws, Chapter 3, Sections 51-55). 
LOUIS A. RIZOLI, Westwood, Room 139, State House. 

Associate Counsels. 

DAVID E. NAMET, Swampscott, Room 139, 

State House. 
ROBERT E. MORAN, Boston, Room 139, 

State House. 



470 Officers of the House. 



Assistants to the House Counsel. 

M. PAUL IANNUCCILLO, North Andover, Room 139, 

State House. 
JOANNE F. CAMPO, Milton, Room 139, State House. 
CHARLES T. MARTEL, Melrose, Clerk of the House 

Committee on Bills in the Third Reading, Room 139, 

State House. 

Assistants to the Speaker. 

Chief of Staff to the Speaker of the House, MARY ANN 
CALIA, Boston, Room 356, State House. 

Deputy Chief of Staff, Legislative Director, JASON A. 
ALUIA, Boston, Room 356, State House. 



Sergeant-at-Arms, etc.. 471 



SERGE ANT- A T-ARMS AND APPOINTEES 

Kevin W. Fitzgerald, Boston Sergeant-at-Arms 

Room 10, State House. 

Appointees 

Assistant Sergeant-at-Arms — 

Assistant Sergeant-at-Arms — Alice Fitzmaurice. 

Chief Administrative Voucher Examiner — Karen Johnson. 

Assistant Sergeant-at-Arms — Cheryl Dennis. 

Document Room 

Director of Documents — Ronny M. Sydney. 
Assistant Director of Documents — Stephen Iannessa. 
Assistant Document Room Clerks — James T. Corcoran, 
Thomas Hegarty, Shawn P. Linehan. 

Assigned to Senate 

Chief Court Officer — Paul Dooley. 

Assistant Chief Court Officers — Michael Tierney, Benjamin Hubbart. 

General Court Officers — Thomas McDonough, Joseph O'Donnell, 

Christine Boardman, Keri Buckley, Joseph Alessandro. 
Senate Maintenance Superintendent — 

Assistant Legislative Postmaster — Angel Rosa, Daniel S. Elio. 
Assistant Legislative Postmaster — 



472 Sergeant-at-Arms, etc.. 



Assigned to the House of Representatives 

Sergenat-at-Arms on the part of the House — Raymond J. Amaru. 

Chief Court Officer — Eugene F. DiPersio. 

Assistant Chief Court Officers — William Petrigno, Odell Ruffin, 
Joseph A. Quinn, Lewis E. Hinkley. 

General Court Officers — Katherine Adams, Richard Buividas, 
Thomas Joyce, Joseph Carr, Carmine Simonelli, Mark Iannacco, 
Michael Magner, Robert O'Rourke, Tina Abate. 

Legislative Postmaster — Michael A. Luongo. 

Assistant Legislative Postmaster — Philip Hawko. 

Porter / Messenger — Michael Izzo. 

Legislative Bulletin and Daily Lists 

Daniel J. Ranieri, Editor. 



Rules of the Senate 



RULES OF THE SENATE 



[As adopted by the Senate on January 26, 2005.] 



[The dates under each rule indicate when the rule and its amendments 
were adopted. 

The date 1817 denotes the time when the several rules against which 
it is placed were first preserved. Previously to that year these rules are not 
to be found, although from the Senate Journal it appears that they were 
printed.] 

The President. 

1. The President shall take the chair at the hour to which the Senate 
stands adjourned, shall call the members to order, and, on the appearance 
of a quorum, shall proceed to business. 

[1831; 1888.] 

1 A. Every formal session of the Senate shall open with a prayer and a 
recitation of the "Pledge of Allegiance to the Flag". 
[1989.] 

2. The President shall preserve order and decorum, may speak to 
points of order in preference to other members, and shall decide all ques- 
tions of order subject to an appeal to the Senate. He shall rise to put a 
question, or to address the Senate, but may read sitting. 

[1817; between 1821 and 1826; 1831; 1888.] 

3. The President may vote on all questions. 
[1826.] 

4. The President may appoint a member to perform the duties of the 
chair for a period not exceeding three days at any one time. Unless the 
Senate shall otherwise direct, the President, at the beginning of each leg- 
islative year, shall appoint a Chaplain and in case of vacancy in said 
office, he shall promptly fill said vacancy. 

[1831; 1862; 1865; 1888; 1971.] 



475 



476 Rules of the Senate. 



4A. The Senate President shall be elected by roll call on the Senate 
floor. This rule shall not be suspended except by a vote of four-fifths of 
the members present and voting thereon. Rule 63 shall not apply to this 
case and no other rule shall supersede the requirement of four- fifths vote 
to suspend this rule. 

[1993; 2002.] 

4B. The Senate President shall, upon declaration of candidacy for any 
other state or federal elective office, remove himself/herself from said 
position. 

[2003.] 

5. In case of a vacancy in the office of President, or in case the Pres- 
ident, or the member appointed by him to perform the duties of the chair, 
is absent at the hour to which the Senate stands adjourned, the eldest 
senior member present shall call the Senate to order, and shall preside 
until a President, or Acting President, is elected by ballot or by roll call 
vote as the Senate shall by majority vote determine, and such election 
shall be the first business in order. 

[1831; 1885; 1888; 1971; 1985; 2003.] 

5A. In case of extreme emergency, the President of the Senate, may 
for a period not exceeding two days, in conformity with Article 6, Section 
II, Chapter 1 of the Constitution, cause a session of the Senate to be can- 
celled. Each member of the Senate insofar as is practicable shall be noti- 
fied of such action. The President may also declare a session informal in 
nature, with prior notice given. Notice of such action shall be printed 
in the Journal of the Senate by the Clerk thereof and the printing of a cal- 
endar shall be suspended with reference to an informal session under 
this rule. 

In the case of an informal session, only reports of committees and 
matters not giving rise to formal motion or debate shall be considered. No 
motion or order of business shall lose its precedence but shall be carried 
over until the next formal session. 

[1971; 1973.] 

5B. Upon a vacancy in the Senate, a date for a special election shall 
be rescheduled within 14 days after the vacancy occurs unless the vacancy 
occurs after April 1 in an even-numbered year. 

[2002.] 



Rules of the Senate. All 



CLERK. 

6. The Clerk shall keep a journal of the proceedings of the Senate, and 
shall cause the same to be printed daily. He shall, in the journal, make note 
of all questions of order, and enter at length the decisions thereon. He 
shall insert in an appendix to the journal the rules of the Senate and the 
joint rules of the two branches. 

[1882; 1888.] 

7. The Clerk, with the approval and direction of the President and the 
Committee on Ethics and Rules, shall prepare and cause to be printed each 
day a calendar of matters in order for consideration. The calendar for a ses- 
sion shall be available to the members and the public at least 24 hours prior 
to the start of that session, except when formal sessions are held on consec- 
utive days. The calendar for any formal session on a day following a formal 
session shall be available to the members and to the public at least two hours 
prior to the start of that session. The printing of a calendar may only be sus- 
pended by a 2/3 vote of all members present and voting as determined by a 
call of the yeas and nays. The calendar shall consist of at least four separate 
sections. One section shall contain those matters for third reading and 
engrossment. No matters shall be considered for third reading that do not 
appear on this section of the calendar without unanimous consent. One sec- 
tion shall contain those matters held by the Senate committee on Bills in the 
Third Reading. One section shall contain those matters appearing on the 
Senate Calendar for the first time. No matters shall be considered for second 
reading that do not appear on this section of the calendar without unanimous 
consent. One section shall contain those matters which shall be on the Senate 
Calendar for the first time at the following formal session. No matters shall 
be considered for a second reading at a formal session that were not on the 
Calendar for the previous formal session. It shall be mandatory, however, 
that a bill or resolve ordered to third reading on one calendar day must 
appear on the calendar at the following formal session. The Clerk, with the 
approval and direction of the President and the Committee on Ethics and 
Rules, may prepare the calendar, with such memoranda as he may deem nec- 
essary, in a form designed to provide complete information and to properly 
facilitate the business of the Senate. When the printing of the calendar 
required under this rule is suspended under the provisions of Rule 5 A, a ses- 
sion shall be considered informal and no matter shall be considered if a 
member prior to said session requested that the matter be held for consider- 
ation or if a member at said session objects thereto. 

[1882; 1888; 1945; 1971; 1974; 1985; 1991, 1993; 2005.] 



478 Rules of the Senate. 



7A. To better facilitate the business of the Senate, whenever possible, 
and notwithstanding the provisions of any rules to the contrary, during 
consideration of the new matters on the calendar each day, the chair will 
first declare a recess so that members may examine the items. The chair 
will then ask for passes on the second reading matters. Second reading 
matters with amendments pending will automatically be considered sepa- 
rately. The chair will direct the Clerk to dispense with the reading of each 
title, but the journal for that day will show that the bills have been read a 
second time. The question will then come on ordering those second 
reading matters which have not been passed for debate to a third reading. 
Matters passed for debate will be considered on the second call. 

The same procedure will be followed with relation to adverse reports 
appearing in groups on the Calendar. Adverse reports passed for debate 
will be considered on the second call. The question will be put by the chair 
on the acceptance of all remaining adverse reports not passed for debate. 

[1975.] 

7B. The Clerk of the Senate shall be the official parliamentarian of 
the Senate. 
[1973.] 

8. [Omitted in 1969.] 

9. When a bill or resolve coming from the other branch does not 
appear in print in the form in which it was passed in that branch, the Clerk 
shall either indicate the amendments on the Orders of the Day, or shall 
have the bill or resolve reprinted, at his discretion. 

[1882.] 



COUNSEL TO THE SENATE. 

9A. The Counsel to the Senate and members of the staff of said 
Counsel shall not engage in the private practice of law during ordinary 
business hours while the Senate is in session. The Counsel to the Senate 
and the staff of said Counsel shall be available at all times for consulta- 
tion with the President and members of the Senate in relation to matters 
pending before the Senate. 

[1976.] 



Rules of the Senate. 479 



MEMBERS OF THE SENATE. 

10. No member, officer, or employee shall use or attempt to use 
improper means to influence an agency, board, authority, or commission 
of the Commonwealth or any political subdivision thereof. No member, 
officer, or employee of the Senate shall receive compensation or permit 
compensation to accrue to his or her beneficial interest by virtue of influ- 
ence improperly exerted from his or her position in the Senate. Every rea- 
sonable effort shall be made to avoid situations where it might appear that 
he or she is making such use of his or her official position. Members, offi- 
cers, and employees should avoid accepting or retaining an economic 
interest or opportunity which represents a threat to their independence of 
judgment. 

No member, officer, or employee shall use confidential information 
gained in the course of or by reason of his or her official position or activ- 
ities to further his or her own financial interest or those of any other 
person. 

[1977.] 

10A. No member, officer, or employee shall employ anyone from 
state funds who does not perform tasks which contribute to the work of 
the Senate and which are commensurate with the compensation received; 
and no officer or full time employee of the Senate shall engage in any out- 
side business activity during regular business hours, whether the Senate is 
in session or not. All employees of the Senate are assumed to be full time 
unless their personnel record indicates otherwise. 

[1977.] 

10B. Interns and other temporary employees of the Senate, who are 
students at an accredited educational institution and who are employed by 
the Senate for not more than 6 months, may receive compensation from an 
educational institution or other non-profit organization under section 
501(c)(3) of the Internal Revenue Code, according to that organization's 
regular program of providing such compensation for temporary govern- 
mental or public service employment. A temporary employee's Senate 
supervisor shall establish the employee's total compensation, shall verify 
that the sum of the employee's state compensation, if any, and any outside 
compensation that the employee is to receive under this rule would not 
exceed this total compensation, and shall file the written terms of the 
employee's compensation with the Senate Personnel Office, where it shall 
be available for public inspection. 

[2003.] 



480 Rules of the Senate. 



11. No member shall absent himself from the Senate without leave, 
unless there is a quorum without his presence. 
[1817.] 

11A. Each member of the Senate shall be assigned an office in the 
State House. Each member shall have full authority to employ and dismiss 
personal and committee staff within written guidelines developed by the 
Senate Committee on Ethics and Rules. 

[1983; 1985; 1993; 2003.] 

11B. No member of the Senate shall hold, for more than eight con- 
secutive years, the office of President of the Senate. For purposes of this 
rule, the counting of consecutive years shall commence on January 4, 1995. 

[1993; 2001.] 

11C. The Committee on Ethics and Rules shall ensure that each 
member of the Senate is able to receive Internet electronic mail from 
members of the public. 

[2001; 2003.] 



COMMITTEES. 



12. The following standing committees shall be appointed by the 
President, to wit: 

A Committee on Bills in the Third Reading; 

To consist of five members. 

A Committee on Post Audit and Oversight; 

To consist of seven members. 

A Committee on Ethics and Rules; 

To consist of six members, one being the Minority Leader, and 
another member appointed by the Minority Leader. 

A Committee on Ways and Means; 

To consist of seventeen members. 

Committee hearings and executive sessions shall not be scheduled in 
conflict with formal sessions of the Senate unless the chair submits to the 
Clerk a written explanation for scheduling the hearing or session in con- 
flict with the formal session. 

[1831; 1836; 1840; 1844; 1847; 1863; 1864; 1870; 1876; 1882; 1885 
1886; 1888; 1891; 1896; 1897; 1920; 1937; 1939; 1941; 1945; 1946 
1957; 1960; 1963; 1965; 1969; 1971; 1972; 1982; 1989; 1991; 1993 
1995, 1997; 2003, 2005.] 



Rules of the Senate. 48 1 



12A. All violations of Rules and all questions of conduct of members, 
officers and employees of the Senate shall be referred by order of the 
Senate to the Committee on Ethics and Rules. Such orders shall be as spe- 
cific as circumstances allow. The committee is also empowered to receive 
sworn written complaints or evidence regarding violations of Rules 10 and 
10A. Until a hearing, if any, is held, the contents of such complaints or evi- 
dence shall be considered confidential information, unless they are already 
a matter of public record. If no hearing is held, such contents may be made 
public by the committee in a final report. Breach of confidentiality may 
itself be grounds for disciplinary action. 

Upon receipt of an order, a sworn written complaint filed under penal- 
ties of perjury, or upon receipt of evidence, the committee is empowered 
to investigate and take written or oral testimony on any matters specified 
in the order or covered by Rules 10 and 10A. A majority of committee 
members must be present to receive sworn testimony unless a majority 
designates a lesser number to do so. In any case, at least one member of 
the committee must be present to receive such testimony. Upon majority 
vote of the full Senate, the committee may require by summons the atten- 
dance and testimony of witnesses and the production of books and papers 
and such other records as said committee may deem relevant. 

Said committee shall consider and have authority to report to the 
Senate any recommendations regarding any infringement of the rules and 
all questions of conduct of members, officers and employees referred to it. 
If after investigation the committee determines that there has been a vio- 
lation of the rules, or other misconduct, the committee shall file a report 
with the Clerk of the Senate, including a recommendation for disciplinary 
action, including but not limited to: in the case of a member, reprimand, 
censure, removal from committee chairmanship or other position of 
authority, or expulsion; in the case of an officer or employee, reprimand, 
suspension or removal. Said report shall not prevent the Senate from 
taking any other action as it shall deem advisable and appropriate. 

Nothing in this rule shall be construed to require the disclosure of any 
allegation that the committee deems frivolous or without merit. 

If the committee receives a sworn written complaint, evidence, order 
of the Senate, or request for an opinion involving a member of the com- 
mittee, such member shall remove himself from the committee's deliber- 
ations on that matter. 

The committee may, upon written request from a member, officer, or 
employee of the Senate, issue written advisory opinions on matters con- 
cerning Rules 10 and 10A. Such advisory opinions may be published, pro- 
vided that the name of the person requesting the opinion, and any other 
identifying information shall not be included in the publication. The 



482 Rules of the Senate. 



Senate may not penalize a member, officer or employee of the Senate for 
conduct satisfying the guidelines of an advisory opinion based on factu- 
ally indistinguishable conduct. 

At least three members shall sign all recommendations and reports of 
the committee. 

The committee shall annually, on or before the first Wednesday in 
December, file a report with the Clerk summarizing its activities for the 
year. In addition, the committee may at any time recommend changes in 
the rules of conduct for the Senate or legislation relating thereto, and a 
majority vote of the Senate shall be required to approve any such recom- 
mended changes. 

[1977; 1978; 1983; 1991; 2003.] 

12B. The Committee on Ethics and Rules shall meet from time to time 
at the call of the chair for the purpose of assisting the President and the 
Senate in identifying the major matters which require consideration by the 
General Court during the pending session and to advise the President and 
the Senate on the relative priority of such matters, the relative urgency for 
consideration by the General Court of such matters, and alternative 
methods of responding to such matters by the General Court, and on 
scheduling legislative matters for their even distribution throughout the 
legislative year. 

The Committee on Ethics and Rules may initiate legislation consistent 
with Senate Rule 19, but no bill shall be initiated over the objection of the 
Senate Chair of the appropriate committee. The Committee shall report on 
what date prior to adjournment of the last formal session and within the 
30 day period referred to in the preceding sentence, the matter shall be 
considered by the Senate. In the case of bills removed from study and 
referred to the Committee on Ethics and Rules, the bills may be subject to 
amendments by the committee as well as reports by the committee that the 
bills ought to pass or ought not to pass. This rule applies only to bills that 
have no state fiscal impact. 

[1983; 1985; 1986; 1991; 1993; 1999; 2003; 2005.] 

12C. [Omitted in 1995.] 

12D. The President of the Senate, the Majority leader and the 
Minority leader shall review applications for each member's staff and 
committee operating requirements and allocate office space. 

[1993; 2003.] 

13. (a) Unless the Senate shall otherwise specially order, the President 
shall nominate a candidate for chair of each standing committee, joint 



Rules of the Senate. 483 



standing committee or special committee and the vice-chair of the Senate 
Committee on Ways and Means. The President may also nominate the 
majority floor leader, assistant majority floor leader, majority whip, the 
assistant majority whip and a President pro tempore. The President pro 
tempore shall assist the President in the coordination of policy develop- 
ment and the ceremonial functions of the Senate and shall perform such 
duties assigned to him by the President. The minority party floor leader 
may nominate not more than three persons to minority party floor leader- 
ship positions. Such nominations must be ratified by a majority vote by 
the respective party caucus. The vote shall be by voice vote, roll call or 
secret ballot, as the majority vote of the caucus shall determine. In the 
event a nomination is rejected by such caucus another nomination may be 
made by the person designated in this rule to make the initial nomination 
which shall be subject to ratification in the same manner. In the case of the 
election by the Senate of a committee by ballot, the member having the 
highest number of votes shall act as chairman. The second named member 
shall be vice-chairman. 

(b) Except as provided above or unless the Senate shall otherwise spe- 
cially order, committees shall be appointed by the President, with excep- 
tion of the chair whose nomination and ratification shall be governed by 
the provisions of paragraph (a). The President shall in making such 
appointments give consideration to representation of both the majority 
and minority parties relative to their respective representation in the 
Senate and in any event shall reserve at least two positions on the Senate 
Committee on Ways and Means and at least one position upon each 
standing or special committee for a Senate member of the minority party 
and appointments to such positions shall be made by the Senate minority 
party leader. For the purposes of this rule the term "minority party" shall 
mean the political party of those members of the Senate who, in the aggre- 
gate, constitute the second largest group of members of the Senate affili- 
ated with a political party. 

(c) A vacancy in any position which is regulated by the provisions of 
this rule shall be filled in the same manner as provided in this rule for the 
original appointment. Any person in a position which is regulated by the 
provisions of this rule shall be subject to removal only by a majority vote 
of the respective party caucus by voice vote, roll call or secret ballot as the 
majority vote of the caucus shall determine. 

[1817; between 1821 and 1826; 1831; 1888; 1973; 1983; 1985; 1991; 
2003.] 

13 A. All motions or orders authorizing committees of the Senate to 
travel or to employ stenographers, all propositions involving special 
investigations by committees of the Senate and all motions or orders pro- 



484 Rules of the Senate. 



viding that information be transmitted to the Senate shall be referred 
without debate to the Committee on Ethics and Rules, who shall report 
thereon, recommending what action should be taken. All other motions 
that create main questions, except those that relate to privilege, to proce- 
dure and kindred matters, or to the subjects referred to in Joint Rules 29 
and 30, shall also be referred without debate to the Committee on Ethics 
and Rules and be treated in like manner. 

The Committee on Ethics and Rules is authorized to originate and 
report special orders for the scheduling and consideration of matters on 
the floor of the Senate. When reported such orders may be amended by a 
two-thirds vote of the members present and voting, and shall be subject to 
approval by a majority of the members of the Senate present and voting. 
Debate on the question on adoption of such orders shall be limited to 
thirty minutes. Such orders shall not be subject to reconsideration. 

[1904; 1913; 1921; 1953; 2003.] 

13B. The President of the Senate may call a caucus at any time at 
which either he or a designated member of the majority leadership shall 
preside unless otherwise voted by a majority of the caucus. The President 
shall honor the request of the Minority Leader at any time while the 
Senate is in session, to call a minority caucus at which the Minority 
Leader shall preside or a designated member of the minority leadership, 
unless otherwise voted by a majority of the caucus. 

A caucus shall also be called if twenty-five percent or more of a 
party's membership requests the calling of a caucus. Such request shall be 
made to the Senate President or Minority Leader. In the instance of such 
a caucus being called, said caucus may consider any subject matter, 
including but not limited to resolutions, motions or other means of ascer- 
taining the sense of party members on any subject. When the Senate 
recesses to allow a caucus, the Senate President or presiding officer shall 
inform the members from the rostrum of a time certain for reconvention. 

[1985; 1993.] 

13C. The Senate Committee on Ethics and Rules shall provide for peri- 
odic audits of Senate financial accounts to be conducted by a certified public 
accountant experienced in auditing governmental entities. A copy of any 
such audit shall be filed with the Senate Clerk and copies shall be made 
available upon request by any member of the Senate or the general public. 

[1985; 2003.] 

14. No committee shall be allowed to occupy the Senate Chamber 
without a vote of the Senate. 
[1836; 1863; 1888.] 



Rules of the Senate. 485 



15. No legislation affecting the rights of individuals or the rights of a 
private or municipal corporation, otherwise than as it affects generally the 
people of the whole Commonwealth or the people of the city or town to 
which it specifically applies, shall be proposed or introduced except by a 
petition, nor shall any bill or resolve embodying such legislation be 
reported by a committee, except upon a petition duly referred, nor shall 
such a bill or resolve be reported by a committee, whether on an original 
reference or on a recommittal with instructions to hear the parties, until it 
is made to appear to the satisfaction of the committee that proper notice 
of the proposed legislation has been given by public advertisement or oth- 
erwise to all parties interested, without expense to the Commonwealth, or 
until evidence satisfactory to the committee is produced that all parties 
interested have in writing waived notice. A committee reporting adversely 
for want of proper notice or of a waiver thereof shall set forth this fact in 
its report, and no bill or resolve shall be in order as a substitute for, or 
amendment of, such report. Objection to the violation of this rule may be 
taken at any stage prior to that of third reading. 

[1870; 1871; 1885; 1890; 1921; 1939; 1945; 1971.] 

16. When the object of an application, by petition can be secured 
under existing laws, or, without detriment to the public interests, by a gen- 
eral law, the committee to whom the matter is referred shall report, ought 
not to pass, or a general law, as the case may be. The committee may 
report a special law on matters referred to it upon (1) a petition filed or 
approved by the voters of a city or town, or the mayor and city council, or 
other legislative body, of a city, or the town meeting of a town, with 
respect to a law relating to that city or town; (2) a recommendation by the 
governor; and (3) matters relating to erecting and constituting metropol- 
itan or regional entities, embracing any two or more cities and towns, or 
establishing with other than existing city or town boundaries, for any gen- 
eral or special public purpose or purposes. 

[1882; 1885; 1888; 1891; 1893; 1967; 1971; 1973.] 

16A. Reports of committees recommending that a matter be placed in 
a study shall be reported to the Senate if the matter being reported into a 
study was originally filed in the Senate. Matters which have been recom- 
mitted to a committee in session shall be reported to the branch origi- 
nating the recommitment. 

[2002.] 



486 Rules of the Senate. 



FORMS OF BILLS AND RESOLVES. 

17. Bills, resolves, resolutions and orders shall be prepared under super- 
vision of the "Bill Drafting Division". Bills, resolves, resolutions and orders 
founded upon petition shall be presented in an official paper version and also 
in an identical electronic format as prescribed by the Clerk. Any petition 
which presents a bill, resolve, resolution or order that was before the General 
Court in the legislative session preceding that for which it is presented shall 
be designated as a "refiled petition" by the presenting member, together with 
reference to the number assigned such matter in the preceding legislative ses- 
sion. Bills amending existing laws shall not provide for striking words from, 
or inserting words in, such laws, unless such course is the best calculated to 
show clearly the subject and nature of the amendment. No repealed law and 
no law which has expired by limitation, and no part of any such law, shall be 
re-enacted by reference merely. 

[1844; 1857; 1880; 1882; 1885; 1888; 1889; 1947; 1972; 1985; 2001.] 



INTRODUCTION OF BUSINESS. 

18. Every petition (excepting as otherwise provided for in the Consti- 
tution, or laws of the Commonwealth), shall be presented by a member, 
who shall endorse his name thereon, and a brief statement of the nature 
and object of the instrument; and the reading of this instrument shall be 
dispensed with, unless specially ordered. 

[1831; 1888; 1972; 1973.] 

18 A. In the event that identical legislation is filed based upon petition, 
by members of the Senate, the Clerk of the Senate may make every effort 
to consolidate said petitions as one. 

The Clerk shall include the name of each petitioner; such names shall 
be placed on the consolidated petition in the order in which the original 
petitions were filed with the Clerk. 

[1984.] 

19. All motions contemplating legislation shall be founded upon peti- 
tion, except as provided in Joint Rule 3A and except that the Committee 
on Ways and Means and the Committee on Ethics and Rules under Rule 
12B may report a bill or other form of legislation that is not founded upon 
petition. Committees to whom messages from the governor, reports of 
state officers, boards, commissions, and others authorized to report to the 
legislature shall be referred, may report by bill or otherwise such legisla- 
tion as may be germane to the subject-matter referred to them. 

[1858; 1888; 1891; 1893; 1973; 1999; 2003; 2005.] 



Rules of the Senate. 487 



20. All petitions for legislation accompanied by bills or resolves 
embodying the subject-matter prayed for, which are intended for presen- 
tation or introduction to the Senate, reports of state officials, departments, 
commissions and boards, and reports of special committees and commis- 
sions shall be filed with the Clerk, who shall unless they be subject to 
other provisions of these rules or of the rules of the two branches, refer 
them, with the approval and direction of the President, to the appropriate 
committees, subject to such change of reference as the Senate may make. 

Provided, that petitions and other papers so filed, or papers received 
from the House, which are subject to the provisions of Joint Rules 7A, 7B 
or 9, shall be referred by the Clerk to the Committee on Ethics and Rules. 
Petitions and other papers so filed which are subject to the provisions of 
the second paragraph of Joint Rule 12. shall be referred by the Clerk to the 
Committees on Rules of the two branches, acting concurrently. The 
reading of all such documents may be dispensed with, but they shall be 
entered in the journal of the same or the next legislative day after such ref- 
erence, except as provided in Joint Rule 13. 

All orders intended for adoption shall be deposited with the Clerk. If 
they relate to questions of privilege or to procedure and kindred matters, 
they shall be laid before the Senate by the President as soon as may be. If 
they relate to other subjects, except as provided in rule 13A or in Joint 
Rules 29 and 30, they shall be inspected by the Committee on Ethics and 
Rules and laid before the Senate not later than the fourth legislative day 
succeeding the day of their deposit with the committee. 

All resolutions intended for adoption shall be filed with the Clerk. 
Resolutions, which are not reported by committee or received from the 
House, shall be considered forthwith after having been reported by the 
Committee on Bills in the Third Reading, pursuant to Senate Rule 33. 

Special reports of state officials, departments, commissions and 
boards, reports of special committees and commissions, bills and resolves 
accompanying petitions and reports, and resolutions, shall be printed on 
order of the President, and under the direction of the Clerk. They shall 
retain, during all subsequent stages, their original numbers and shall also 
bear such new numbers as may be necessary. 

Matters which have been placed on file may be taken from the files by 
the Clerk upon request of any Senator or Senator-elect; and matters so 
taken from the files shall be referred or otherwise disposed of as provided 
for above. 

The Senate may at any time by order make any other disposition of 
petitions in the hands of the Clerk. 

[1891; 1893; 1894; 1916; 1921; 1925; 1927; 1933; 1939; 1945; 1953; 
1963; 1967; 1971; 1973; 1985; 1999; 2003; 2005.] 



488 Rules of the Senate. 



20A. The Clerk shall make available on the Internet the text of all bills 
introduced in the Senate. 
[2001.] 

21. [Omitted in 1943.] 

22. [Omitted in 1949.] 

23. No bill or resolve shall be proposed or introduced unless received 
from the House of Representatives, reported by a committee, or moved as 
an amendment to the report of a committee. 

[1881; 1882; 1888.] 

24. The consideration of any order proposed for adoption, or of any 
motion to suspend Senate Rule 15, or Joint Rules 8, 9 or 12, shall be post- 
poned without question to the day after that on which the order is pro- 
posed or request made, if any member asks such postponement. The 
consideration of any motion to lay a matter on the table or to take a matter 
from the table shall be postponed without question to the day after that on 
which the motion is made (except during the last seven calendar days of 
formal business under Joint Rule 12 A). 

[1885; 1891; 1971; 1973; 1983, 1997; 1999; 2005.] 

25. [Omitted in 1929, the provisions thereof being covered by Joint 
Rule 9.] 



COURSE OF PROCEEDINGS. 

26. Bills and resolves from the House, after they are read a first time, 
shall be referred to a committee of the Senate, unless they have been 
reported by a joint committee or substituted for the report of a joint com- 
mittee. Bills and resolves reported in the Senate, and bills and resolves 
from the House reported by joint committees or substituted for the reports 
of joint committees shall, after they have been read once, be referred to 
the Committee on Ethics and Rules, except as otherwise provided by 
Rule 27. Any matter reported in the Senate or received from the House 
concerning or restricted to a particular city or town which has received the 
approval of the voters of the city or town or of the town meeting shall 
appear on the calendar for the next session for a second reading notwith- 
standing any other provisions of this rule. Bills introduced by initiative 
petition, when reported in the Senate or received from the House, shall be 
referred to the Committee on Ethics and Rules. Resolutions received from 



Rules of the Senate. 489 



the House, or reported in the Senate, shall be referred to the Committee on 
Ethics and Rules. Bills and Resolves under Rule 27, when reported, shall 
be referred to the Committee on Ethics and Rules. All reports of the Com- 
mittee on Ethics and Rules shall be placed in the Orders of the Day for the 
next session unless such matter is assigned for special consideration by 
said committee as provided for under the provision of Senate Rule 12B. 
[1825; 1885; 1888; 1890; 1891; 1897; 1945; 1985; 1993; 1999; 2005.] 

26A. [Omitted in 2005]. 

26B. [Omitted in 2005]. 

27. Bills and resolves involving public money, or a grant of public 
property, unless the subject-matter has been acted upon by the joint Com- 
mittee on Ways and Means, shall, after the first reading, be referred in 
course to the Senate Committee on Ways and Means, whose duty it shall 
be to report on their relation to the finances of the Commonwealth. [See 
Rule 36.] 

Orders reported in the Senate or received from the House involving 
the expenditure of public money for special committees shall, before the 
question is taken on the adoption thereof, be referred to the Senate Com- 
mittee on Ways and Means, whose duty it shall be to report on their rela- 
tion to the finances of the Commonwealth. 

Every such bill involving a capital expenditure for new projects, or an 
appropriation for repairs, or any legislation, the cost of which, in the 
opinion of the committee, exceeds the sum of one hundred thousand dol- 
lars, when reported into the Senate by the Committee on Ways and Means, 
shall be accompanied by a fiscal note indicating the amount of public 
money which will be required to be expended to carry out the provisions 
of the proposed legislation, together with an estimate of the cost of oper- 
ation and maintenance for the first year if a new project is involved. 

When requested by any member, prior to the engrossment of any such 
bill involving a capital expenditure for new projects, or an appropriation 
for repairs, or any legislation, the cost of which, in the opinion of the com- 
mittee, can be ascertained in a timely manner, and which exceeds the sum 
of one hundred thousand dollars, the chairman of the Committee on Ways 
and Means, or a member of said committee, shall verbally disclose during 
session the amount of public money which will be required to be 
expended to carry out the provisions of the proposed legislation, together 
with an estimate of the cost of operation and maintenance for the first year 
if a new project is involved. 

[1871; 1882; 1887; 1888; 1889; 1896; 1921; 1941; 1946; 1947; 1953; 
1963; 1967; 1968; 1971; 1995; 1999.] 



490 Rules of the Senate. 



27A. When the general appropriations bill is reported by the Senate 
Committee on Ways and Means it shall be printed in such a manner so as 
to show: — (a) a prior year's appropriation, (b) the recommendation, if 
any, of the governor, (c) the amount approved by the House, and (d) the 
amount recommended by the Senate Committee on Ways and Means. The 
committee shall identify with its recommendations for the general appro- 
priations bill all of the tax and non-tax revenues on which its spending 
recommendations are premised. The committee shall present these rev- 
enues by type and by the department or agency responsible for collecting 
them. 

The Committee on Ways and Means shall provide the membership 
with a copy of its proposed text of the general appropriations bill, and an 
executive summary which shall include a list of outside sections, and a 
short summary of each outside section not later than the fifth business day 
prior to full Senate consideration of such bill. When the Senate considers 
the general appropriation bill, the Ways and Means proposed text shall be 
adopted and the bill shall be ordered to a third reading without other 
amendments. The bill shall be immediately read a third time and then be 
open to other amendments. Each member shall file any proposed amend- 
ments, including those relating to outside sections, with the Clerk not later 
than 5:00 p.m. of the third business day before Senate consideration of the 
bill, electronically in a form determined by the Clerk. Each amendment 
shall contain a one-sentence descriptive title. The Clerk shall make a list 
of amendments available to the membership at least twenty-four hours 
prior to consideration of such bill. Such list shall identify the member 
sponsoring the amendment and include the one-sentence descriptive title. 
The sponsoring member shall make available at his or her office a copy 
and a detailed summary of the amendment. The Clerk shall make available 
on the Internet the text of all amendments. 

The Committee on Ways and Means shall provide the membership 
with a copy of its proposed text of any other appropriations bill, and an 
executive summary which shall include a list of outside sections, and a 
short summary of each outside section not later than the fourth business 
day prior to full Senate consideration of such bill. When the Senate con- 
siders such an appropriation bill, the Ways and Means proposed text shall 
be adopted and the bill shall be ordered to a third reading without other 
amendments. The bill shall be immediately read a third time and then be 
open to other amendments. Each member shall file any proposed amend- 
ments, including those relating to outside sections, with the Clerk not later 
than 5:00 p.m. of the third business day before Senate consideration of the 
bill. Each amendment shall contain a one sentence descriptive title. The 
Clerk shall make a list of amendments available to the membership at 
least twenty-four hours prior to the consideration of such bill. Such list 



Rules of the Senate. 49 1 



shall identify the member sponsoring the amendment and include the one- 
sentence descriptive title. The sponsoring member shall make available at 
his or her office a copy and a detailed summary of the amendment. 

A member may withdraw an amendment to an appropriation bill after 
filing it, or may replace a seasonably filed amendment with a redrafted 
amendment, which shall be clearly designated as such. Amendments in the 
second degree shall be in order pursuant to general parliamentary law; if 
accessary, the presiding officer will declare a recess and allow members 
to examine such second-degree amendments before their consideration. 

This rule shall not be rescinded, amended or suspended, unless four- 
fifths of the members present consent thereto. 

[1974; 1993; 1997; 1999; 2001.] 

27B. [Omitted in 1999.] 

27C. With the exception of appropriation bills and capital outlay bills, 
[he Committee on Ways and Means and the Committee on Ethics and 
Rules may be discharged from the further consideration of matters 
referred to them pursuant to the following procedure. The consideration of 
i motion to discharge such committees from further consideration of a 
certain matter shall be postponed without question to the day after that on 
.vhich the motion is made. Such motion shall require a majority vote of 
:he members present and voting for adoption, if made after the expiration 
jf forty-five calendar days after referral to said committees, but shall 
•equire a vote of two-thirds of the members present and voting, if made 
3rior to the expiration of said forty-five calendar days after referral to said 
committees. On the motion to discharge such committees, not more than 
fifteen minutes shall be allowed for debate, and no member shall speak 
more than three minutes. 

In addition to the above procedure, the Committee on Ways and 
Means shall be discharged from further consideration of a certain matter 
apon the written petition of a majority of the members of such committee 
presented to the chairman after forty-five calendar days following referral 
3f the matter to said committee. When directed to discharge a certain 
natter pursuant to this rule said committees shall either report or be dis- 
charged of said matter within five legislative days of the vote or petition 
calling for such discharge. A petition discharged under the provisions of 
this rule shall be considered as favorably reported and the matter accom- 
aanying said petition shall be designated as "discharged", and shall be 
Dlaced in the Orders of the Day for the next day for a second reading or 
question on adoption, as the case may be, unless subject to the provisions 
af Senate Rule 27. 

[1983;1985; 2003.] 



492 Rules of the Senate. 



28. No bill or resolve shall pass to be engrossed without three read- 
ings on three several days. 

[1817; 1836; 1841; 1859; 1878; 1881; 1882; 1885.] 

29. Bills and resolves, in their several readings, and resolutions, shall 
be read by their titles, unless objection is made. 

[1817; 1836; 1841; 1859; 1878; 1881; 1882; 1885; 1890.] 

30. If a committee to whom a bill or resolve is referred reports that the 
same ought not to pass, the question shall be "Shall this bill (or resolve) 
be rejected?" If the rejection is negatived, the bill or resolve, if it has been 
read but once, shall go to its second reading without a question; and if it 
has been read more than once it shall be placed in the Orders of the Day 
for the next day, pending the question on ordering to a third reading, or 
engrossment, as the case may be. 

[1817; 1836; 1841; 1859; 1878; 1881; 1882; 1885; 1897; 1921; 1939; 
1945; 1971.] 

31. If an amendment is offered by any member at the second or third 
reading of a bill or resolve, substantially changing the greater part thereof, 
the question shall not be put forthwith on adopting the amendment to the 
bill or resolve if formally requested by two members, but the bill or 
resolve shall be laid over and placed in the Orders of the next day after 
that on which the amendment is offered, with the amendment pending. 
The proposed amendment shall be printed in the calendar and in the 
journal. If an amendment is made at the second or third reading of a bill 
or resolve substantially changing the greater part thereof, the question 
shall not be put forthwith on ordering the bill or resolve to a third reading 
or to be engrossed, as the case may be, but the bill or resolve, as amended, 
shall be placed in the Orders of the next day after that on which the 
amendment is made, and shall then be open to further amendment before 
such question is put. In like manner, when an amendment is made in any 
proposition of such a nature as to change its character, as from a bill to an 
order, or the like, the proposition as amended shall be placed in the Orders 
of the next day after that on which the amendment was made. 

[1882; 1888; 1971.] 

31 A. Upon recommendation of the Committee on Ethics and Rules, 
the Senate may by order require that all amendments to a designated bill 
be filed with the Clerk not later than one day before consideration of the 
bill by the Senate. Such amendments shall be printed in the calendar and 
shall not be subject to the provisions of Rule 31. 

[1997; 2003.] 



Rules of the Senate. 493 



32. Bills or resolves ordered to a third reading shall be placed in the 
Orders for the next day for such reading. 

[1817; 1836; 1841; 1859; 1878; 1881; 1882; 1885.] 

32A. ( 1 ) The Senate Committee on Bills in the Third Reading may be 
discharged from the further consideration of matters referred to it pursuant 
to the following procedure: 

(a) The consideration of a motion to discharge said committee from 
further consideration of a certain matter shall be postponed without ques- 
tion to the day after that on which the motion is made. 

(b) The adoption of such motion shall require a simple majority vote 
of the members present and voting thereon. 

(2) The Senate Committee on Ethics and Rules may be discharged 
from the further consideration of matters referred to it under Rule 26, pur- 
suant to the following procedure: 

(a) The consideration of a motion to discharge said committee from 
further consideration of a certain matter shall be postponed without ques- 
tion to the day after that on which the motion is made. 

(b) Such motion shall require a majority vote of the members present 
and voting for adoption if made after the expiration of thirty calendar days 
after referral to said committee, but shall require a vote of two-thirds of 
the members present and voting if made prior to the expiration of said 
thirty calendar days after referral to said committee. 

(3) When either committee is directed to discharge a certain matter 
pursuant to this rule, such committee shall either report or be discharged 
of said matter within five legislative days of the vote calling for such dis- 
charge. A matter discharged under the provisions of this rule shall be des- 
ignated as "discharged" and the matter shall be placed in the Orders of the 
Day for the next sitting. On the motion to discharge such committee, not 
more than fifteen minutes shall be allowed for debate and no member shall 
speak more than three minutes. 

[1985; 1987; 1989; 1993; 1995; 2005.] 

32B. [Omitted in 1995.] 

33. Bills and resolves when ordered to a third reading, and bills and 
resolves amended subsequently to their third reading unless the amend- 
ment was reported by the Committee on Bills in the Third Reading, shall 
be referred forthwith to that committee, which shall examine and correct 
them, for the purpose of avoiding repetitions and unconstitutional provi- 
sions, and insuring accuracy in the text and references, and consistency 
with the language of existing statutes, and of giving effect to the provi- 
sions of section fifty-two of chapter three of the General Laws; but any 



494 Rales of the Senate. 



change in the sense of legal effect, or any material change in construction 
shall be reported to the Senate as an amendment. The committee may con- 
solidate into one bill any two or more related bills referred to it, whenever 
legislation may be simplified thereby. Resolutions received from and 
adopted by the House or introduced or reported into the Senate, after they 
are read and before they are adopted, and amendments of bills, resolves 
and resolutions adopted by the House and sent to the Senate for concur- 
rence, shall also be referred, in like manner, to the Committee on Bills in 
the Third Reading. When a bill, resolve or resolution has been so referred, 
no further action shall be taken until report thereon has been made by the 
committee. If a bill or resolve referred to the Committee on Bills in the 
Third Reading contains an emergency preamble, or if it changes the com- 
pensation paid to the members of the General Court, or if it provides for 
the borrowing of money by the Commonwealth and comes within the pro- 
visions of Section 3 of Article LXII of the Amendments to the Constitu- 
tion, or provides for the giving, loaning or pledging of the credit of the 
Commonwealth and comes within the provisions of Section 1 of Article 
LXII (as amended by Article LXXXIV) of the Amendments to the Con- 
stitution, or provides, upon recommendation of the governor, for a special 
law relating to an individual city or town and comes within the provisions 
of clause (2) of Section 8 of Article LXXXIX of the Amendments to the 
Constitution, the committee shall plainly indicate the fact on the outside 
of the bill or resolve, or on a wrapper or label attached thereto. 

[1817; 1836; 1882; 1888; 1890; 1891; 1914; 1919; 1925; 1927; 1929; 
1945; 1965; 1967; 1983.] 

33A. All legislative matters receiving a Senate number shall be in 
print and available to all the members of the Senate and to the public at 
least twenty-four hours in advance of consideration by the Senate. 

All other amendments recommended by any committee, other than the 
Committee on Bills in the Third Reading, shall be subject to the provi- 
sions of this rule. 

This rule shall be suspended only upon a vote of two-thirds of the 
members present and voting thereon. 

[1985.] 

34. Bills and resolves prepared for final passage shall be certified by 
the Senate Clerk and Parliamentarian, after comparison, to be the same as 
the bills or resolves passed to be engrossed; and if found to be properly 
prepared, the Clerk shall so endorse on the envelope thereof; and the ques- 
tion on enactment or final passage or adopting an emergency preamble 
shall be taken thereon, without further reading, unless specifically 



Rules of the Senate. 495 



ordered. When a bill or resolve prepared for final passage contains an 
emergency preamble or when it changes the compensation paid to mem- 
bers of the General Court or when it provides for the borrowing of money 
by the Commonwealth and comes within the provisions of Section 3 of 
Article LXII of the Amendments to the Constitution, or provides for the 
giving, loaning or pledging of the credit of the Commonwealth and comes 
within the provisions of Section 1 of Article LXII (as amended by Article 
LXXXIV) of the Amendments to the Constitution, or provides, upon rec- 
ommendation of the governor, for a special law relating to an individual 
city or town and comes within the provisions of clause (2) of Section 8 of 
Article LXXXIX of the Amendments to the Constitution, the Clerk shall 
plainly indicate the fact on the envelope thereof. 

[1817; 1831; 1882; 1888; 1914; 1919; 1965; 1967; 1971; 1983.] 



ORDERS OF THE DAY. 

35. The unfinished business in which the Senate was engaged at the 
time of the last adjournment shall have preference in the Orders of the 
Day next after motions to reconsider. 

[1830; 1870.] 

36. Reports of committees not by bill or resolve shall be referred to 
the Committee on Ethics and Rules; except that the report of a committee 
asking to be discharged from the further consideration of a subject and 
recommending that it be referred to another committee, or a report of a 
committee recommending that a matter be placed on file, shall be imme- 
diately considered. All reports of the Committee on Ethics and Rules shall 
be placed in the Orders of the Day for the next session unless such matter 
is assigned for special consideration by said Committee on some future 
date. Amendments to a measure which have been made by the House and 
sent back to the Senate for concurrence shall be placed in the Orders of 
the next day after that on which they are received; provided that amend- 
ments involving state money shall be referred to the Committee on Ways 
and Means. 

Reports of committees on proposals for amendment of the Constitu- 
tion shall be dealt with in accordance with the provisions of Joint Rule 23. 

[1845; 1853; 1888; 1891; 1919; 1947; 1953; 1965; 1968; 1971; 1985; 
1995; 2005.] 

37. After entering upon the consideration of the Orders of the Day, the 
Senate shall proceed with them in regular course, as follows: Matters not 



496 Rules of the Senate. 



giving rise to a motion or debate shall first be disposed of in the order in 
which they stand in the calendar; then the matters that were passed over 
shall be considered and disposed of in like order. 
[1817; 1836; 1841; 1859; 1878; 1882; 1885.] 

38. No matter which has been duly placed in the Orders of the Day 
shall be discharged therefrom or considered out of its regular course. 
[1885.] 

38A. The Senate shall not continue in session beyond the hour of 
eight o'clock post meridiem. This rule shall not be suspended unless two- 
thirds of the members present and voting consent thereto on a recorded 
yea and nay vote. 

[1983; 2005.] 

38A'/ 2 . The Senate shall not continue in session beyond the hour of 
midnight. This rule shall not be suspended unless 2/3 vote of the members 
present and voting consent thereto on a recorded yea and nay vote. 

[2005.] 

38B. Debate and consideration on the general appropriation bill shall 
begin at ten o'clock in the morning and shall be the only matter placed on 
the calendar for the day. 

[1985.] 



RULES OF DEBATE. 

39. Every member, when he speaks, shall stand in his place and 
address the President. When recognized, the member shall confine himself 
to the measure and question under debate and shall at all times avoid per- 
sonalities. 

[1817; 1831; 1871; 1973.] 

40. When two or more members rise to speak at the same time, the 
President shall designate the member who is entitled to the floor. 

[1831; 1888.] 

41. No member shall speak more than once to the prevention of 
any other member who has not spoken and desires to speak on the same 
question. 

[1817; 1886.] 



Rules of the Senate. 497 



42. No member shall interrupt another while speaking, except by 
rising to call to order or to rise to a question of personal privilege or par- 
liamentary inquiry. 

[1817; 1831; 1971.] 

43. After a question is put to vote no member shall speak to it. 
[1817.] 

43A. No appeal from a decision of the President shall be entertained 
unless it is seconded; and the question on the appeal shall be disposed of 
forthwith. 

[1973.] 



MOTIONS. 



44. Any motion shall be reduced to writing if the President so directs. 
A motion need not be seconded and may be withdrawn by the mover if no 
objection is made. 

[1817; 1844; 1871; 1888.] 

44A. A motion to amend may be made by up to three members when- 
ever it is clearly indicated thereon. 
[1991.] 

45. A question containing two or more propositions, capable of divi- 
sion, shall be divided whenever desired by any member. When a motion 
to strike out and insert is thus divided, the failure of the motion to strike 
out shall not preclude amendment; or, if the motion to strike out prevails, 
the matter proposed to be inserted shall be open to amendment before the 
question is taken on inserting it. 

[1817; 1841; 1888.] 

46. When a question is under debate the President shall receive no 
motion that does not relate to the same, except a motion to adjourn or 
some other motion which has precedence by express rule of the Senate, or 
because it is privileged in its nature; and he shall receive no motion 
relating to the same except: 

(1) To lay on the table (or take from the table); 

(2) To close debate at a specified time; 

(3) To postpone to a day certain; 

(4) To commit (or recommit); 

(5) To amend; 

(6) To postpone indefinitely. 



498 Rules of the Senate. 



These motions shall have preference in the order in which they stand. 
[Between 1821 and 1826; 1831; 1844; 1870; 1882; 1885; 1888; 1921; 
1939; 1945; 1971.] 

47. Debate may be closed at any time not less than one hour from the 
adoption of a motion to that effect. On this motion not more than ten min- 
utes shall be allowed for debate, and no member shall speak more than 
three minutes. 

[1882.] 

48. When motions are made to refer a subject to different committees, 
the committees proposed shall be considered in the following order: 

(1) A standing committee of the Senate; 

(2) A special committee of the Senate; 

(3) A joint standing committee of the two branches; 

(4) A joint special committee of the two branches. 
[1884; 1888.] 

49. No engrossed bill or resolve shall be amended; but this rule shall 
not apply to a bill or resolve returned by the Governor with a recommen- 
dation of amendment in accordance with the provisions of Article LVI of 
the Amendments of the Constitution; nor shall it apply to amendments 
of engrossed bills proposed by the House and sent to the Senate for con- 
currence. 

[1837; 1919; 1931.] 

50. No motion or proposition of a subject different from that under 
consideration and no measure which has been finally rejected or disposed 
of by the Senate shall be admitted under the color of an amendment. 

[1882; 1971.] 

51. In filling blanks the largest sum and the longest time shall be put 
first. 

[1882.] 

52. The motion to adjourn and the call for yeas and nays shall be 
decided without debate. 

On the motions to lay on the table and take from the table, to postpone 
to a time certain, to commit or recommit (except with instructions), not 
exceeding ten minutes shall be allowed for debate, and no member shall 
speak more than three minutes. 

On a motion to reconsider not exceeding thirty minutes shall be 
allowed for debate, and no member shall speak more than five minutes; 



Rules of the Senate. 499 



but on a motion to reconsider a vote upon any subsidiary, incidental or 
dependent question debate shall be limited to ten minutes, and no member 
shall speak more than three minutes. 

On a motion to suspend any of the joint rules or Senate rules debate 
shall be limited to fifteen minutes, and no member shall speak more than 
three minutes. 

[1817; 1859; 1870; 1874; 1882; 1885; 1937; 1941.] 

52A. The Senate President or presiding officer of the Senate may 
not declare that the Senate is in recess for more than thirty minutes, 
without informing the members from the rostrum of a time certain for 
reconvention. 

[1993.] 



RECONSIDERATION. 

53. No motion to reconsider a vote shall be entertained unless it is 
made on the same day on which the vote has passed, or on the next day 
thereafter on which a quorum is present and before the Orders of the Day 
for that day have been taken up. If reconsideration is moved on the same 
day, the motion shall (except during the last seven calendar days of formal 
business under Joint Rule 12 A) be placed first in the Orders of the Day for 
the succeeding day; but if it is moved on the succeeding day, the motion 
shall be considered forthwith; provided, however, that this rule shall not 
prevent the reconsideration of a vote on a subsidiary, incidental or depen- 
dent question at any time when the main question to which it relates is 
under consideration; and provided, further, that a motion to reconsider a 
vote on any incidental, subsidiary or dependent question shall not remove 
the main subject under consideration from before the Senate, but shall be 
considered at the time when it is made. 

There shall be no reconsideration of the vote on the question on 
adjourning, for the yeas and nays, on laying on the table or on taking from 
the table; and when a motion for reconsideration has been decided, that 
decision shall not be reconsidered. 

[1817; between 1821 and 1826; 1858; 1885; 1888; 1891; 1902; 1946; 
1999.] 



REJECTED MEASURES. 

54. When any measure has been finally rejected or finally disposed of 
by the Senate, no measure substantially the same shall be introduced by 
any committee or member during the session, or moved as an amendment 
to another measure. 



500 Rules of the Senate. 



[1817; dispensed with in 1831; revived in 1838; amended in 1841; 
1844; 1877; 1882; 1971.] 



VOTING 



55. The President shall declare all votes; but if a member doubts a 
vote, the President shall order a return of the number voting in the affir- 
mative, and in the negative, without further debate. 

[1831; 1888.] 

56. The sense of the Senate shall be taken by yeas and nays whenever 
required by one-fifth of the members present, or by a number of members 
equal to the total number of members of the minority party. The President 
may wait a period not exceeding ten minutes before ordering the Clerk to 
start the yeas and nays, during which time the members shall be sum- 
moned to the Senate Chamber as the President may direct. 

Other business of the Senate may be taken up during the ten minute 
period. At the end of the ten minute interval, the President shall state the 
question to be roll called and then direct the Clerk to begin the call. If, 
before the vote is taken, a member states to the Senate that he has paired 
with another member and how each would vote on the pending question, 
the fact shall be entered on the journal immediately after the record of the 
yeas and nays, and such member shall be excused from voting. If, after the 
yeas and nays have been ordered, an advanced notice of at least sixty min- 
utes is given by the President, he may set a time certain for the vote to be 
taken and the ten minute waiting period above prescribed may be waived. 

[1817; 1852; 1888; 1971; 1972, 1997.] 

57. Whenever a question is taken by yeas and nays, the Clerk shall 
call the names of all members, except the President, in alphabetical order, 
and every member present shall answer to his name, unless excused 
before the vote is taken; and no member shall be permitted to vote after 
the decision is announced from the chair. 

[1837; 1844.] 

57A. The vote on enactment or final passage of any legislation which 
changes the compensation paid to members of the General Court shall be 
taken by a call of the yeas and nays. 

[1983.] 



Rules of the Senate. 501 



ELECTIONS BY BALLOT. 



58. In all elections by ballot a time shall be assigned for such election, 
at least one day previous thereto, except in case of an election of President 
or President pro tempore, under the provisions of Rule 5. 

[1831; 1891.] 



REPORTERS' GALLERY. 

59. Subject to the approval and direction of the Committee on Ethics 
and Rules during the session and of the President after prorogation, the 
use of the reporters' gallery of the Senate Chamber shall be under the con- 
trol of the organization of legislative reporters known as the Massachu- 
setts State House Press Association or the State House Broadcasters 
Association (provided that no radio, television or other electronic 
recording equipment shall be allowed in the Senate Chamber or Senate 
Reading Room under this rule). Except in the employ of the newspaper or 
publication which he represents as a legislative reporter, no person who is 
entitled to the privileges of the reporters' gallery shall seek to influence 
the action of the Senate or any member thereof, nor shall such person 
approach a member to seek to influence him in any place from which leg- 
islative agents are excluded by Rule 61. Every legislative reporter desiring 
admission to the reporters' gallery of the Senate Chamber shall state in 
writing that he is not the agent or representative of any person or corpo- 
ration interested in legislation before the General Court and will not act as 
representative of any such person or corporation while he retains his place 
in the gallery; but nothing herein contained shall prevent such legislative 
reporter from engaging in other employment, provided such other 
employment is specifically approved by the Committee on Ethics and 
Rules and reported to the Senate. 

[1847; 1911; 1914; 1925; 1989; 2003.] 

59A. Formal sessions of the Senate shall be made accessible to elec- 
tronic media, including television, radio and the Internet. The manner, 
conditions and extent of such access shall be established by the Com- 
mittee on Ethics and Rules. 

The President and the Clerk shall endeavor to provide that all formal 
sessions of the Senate during which the general appropriation bill is con- 
sidered are broadcast live on television throughout the commonwealth. If 
it is not feasible for such a session to be broadcast live, they shall 
endeavor to provide for its delayed broadcast on television throughout the 
Commonwealth. The Committee on Ethics and Rules, in consultation with 



502 Rules of the Senate. 



the committee on Science and Technology, is hereby authorized to provide 
for the audio and/or video transmission via the Internet of Senate sessions. 
The Committee on Ethics and Rules may enter into agreements with non- 
profit entities, including public and private educational facilities, to pro- 
vide for audio and/or video transmission via the Internet of the Senate 
sessions. 

This rule shall not be suspended unless by majority vote of the mem- 
bers present and voting thereon. 

If, for any reason, the Senate convenes in a formal session and such 
session is not televised live throughout the commonwealth, then the party 
under the contractual duty to provide the television broadcast shall pro- 
vide to the Senate President and Minority Leader within twenty-four 
hours of the adjournment of such session a report including, but not lim- 
ited to, a list of the areas in which such broadcast was not received and an 
explanation for the lack of television coverage to the affected areas. 

[1989, 2001; 2003.] 

59B. The Clerk of the Senate shall deliver a videotape of each tele- 
vised Senate session to the Majority Floor Leader and the Minority Floor 
Leader no later than twenty-four hours after such session has ended. 

The Clerk of the Senate shall also keep a videotaped copy of every 
televised Senate session for reference purposes. These tapes will be made 
available to the public upon request. 

[1993.] 

59C. The electronic feed that provides the television broadcast cov- 
erage of the Senate sessions shall be available to any media outlet. 
[2002.] 

59D. (1) The President shall make available to each member of the 
Senate a copy of the contract for the television broadcast of the Senate 
formal sessions. 

(2) Any contracts executed after January 1 , 2003 concerning televi- 
sion broadcast of the formal sessions of the Senate shall contain provi- 
sions requiring the following information to be reported to the members 
of the Senate: 

(a) a list of all cities and towns to receive live television broadcasts of 
the sessions of the Senate; 

(b) a list of each city and town to receive Senate coverage including 
the date and time of the live and pre-recorded broadcasts of each session 
of the Senate; 

(c) a list of cities and towns that do not receive live televised broad- 
casts of the sessions of the Senate and an explanation for the lack of 
coverage. 



The President shall make available said copy of the contract to each 
member of the Senate on the first day of the annual session. 
[2003.] 



THE SENATE CHAMBER AND ADJOINING ROOMS. 

60. No person not a member shall be allowed to sit at the Senate table 
while the Senate is in session. 

[1853;1888.] 

61. No person, except members of the legislative and executive 
departments of the state government, persons in the exercise of an official 
duty directly connected with the business of the Senate, and legislative 
reporters who are entitled to the privileges of the reporters' gallery, shall, 
unless invited by the President, be admitted to the floor of the Senate 
Chamber or to the reception room or to the corridor between the reception 
room and the Senate Chamber during the sessions of the Senate, or during 
the half hour preceding or succeeding said sessions, nor to the Senate 
reading room, cloak room corridor, cloak room or anterooms on any day 
when a session of the Senate is held, except upon written invitation 
bearing the name of the person it is desired to invite and the name of the 
Senator extending the invitation, which invitation shall be surrendered 
when the said person enters the apartment. 

Publications desiring the privileges of the reporters' gallery of the 
Senate Chamber for legislative reporters, not members of the State House 
Press Association or the State House Broadcasters Association (provided 
that no radio, television or other electronic recording equipment shall be 
allowed in the Senate Chamber or Senate Reading Room under this rule), 
shall make written application to the President stating the purposes for 
which the privileges are required, and such privileges shall be granted 
only upon written approval by the President. 

No legislative counsel or agent shall be admitted to the floor of the 
Senate Chamber, nor, on any day when a session of the Senate is held, to 
the reading room, the cloak room, the reception room or the Senate corri- 
dors or anterooms. No person, except members of the legislative and 
executive departments of the state government, persons in the exercise of 
an official duty directly connected with the business of the Senate and leg- 
islative reporters who are entitled to the privileges of the reporters' 
gallery, shall be permitted to loiter in the reading room, the cloak room, 
the reception room or the Senate corridors or anterooms at any time. 
Smoking shall not be permitted in the reception room. 

[1870; 1875; 1886; 1891; 1895; 1896; 1897; 1898; 1907; 1909; 1914; 
1916; 1925; 1989.] 



504 Rules of the Senate. 



61 A. No person shall be allowed to smoke on the floor of the Senate. 
[1985.] 

62A. No use of cellular telephones shall be permitted in the Senate 
Chamber while the Senate is in session. 
[2003.] 



PARLIAMENTARY PRACTICE. 

62. The rules of parliamentary practice shall govern the Senate in all 
cases to which they are applicable, and in which they are not inconsistent 
with these rules or the joint rules of the two branches. 

[1847; 1858; 1882; 1895; 1963.] 



ALTERATIONS, SUSPENSION OR REPEAL OF RULES. 

63. This rule and rules 24, 31, 33, 34 and 53 shall not be suspended if 
objection is made; and no other rule shall be altered, suspended or 
repealed, except by vote of two-thirds of the members present and voting 
thereon. The Committee on Ethics and Rules may consider and suggest 
measures that shall, in its judgment, tend to facilitate the business of the 
Senate, and a majority vote of the Senate shall be required to approve such 
recommendations. 

[1817; 1841; 1848; 1882; 1888; 1891; 1893; 1899; 1953; 1973; 2003.] 

64. Twenty-one members shall constitute a quorum for the organiza- 
tion of the Senate and the transaction of business. [See Amendments to the 
Constitution, Art. XXXIII.] 

[1973.] 

65. The Senate shall meet no later than the third Friday following the 
convening of the first annual session of a General Court for the purpose 
of adopting permanent rules of the Senate. 

[1991.] 

66. [Omitted in 1997.] 



Rules of the Senate. 505 

INDEX TO SENATE RULES. 

[The figures refer to the number of the rules.] 

Absence, leave of, 11. 

Acting President, 4. 

Adjourn, motions to, 46, 52. 

Administration, committee on, 11 A, 12D, 12E. 

Agents, legislative, not admitted to Senate Chamber, etc., 61. 

AMENDMENTS: 

adopted by the House and sent back, 33, 36. 

appropriation bills, electronic filings, 27A. 

appropriation bills, three business days, 27A. 

appropriation bills, second degree, 27A. 

certain not to be admitted, if finally disposed of, 50. 

certain, to be in print and available, 33A. 

changing bill to an order, etc., 31. 

engrossed bill or resolve not to be amended, except, etc., 49. 

in filling blanks, largest sum, etc., 51. 

may be proposed by up to three members, 44A. 

not to be admitted if of a different subject, 50. 

of rules, 63. 

printed in calendar, recommendation of Ethics and Rules 

Committee, 31 A. 
private bill not in order as substitute for certain committee 

reports, 15. 
proposed by member, substantially changing bill or resolve, 

to be laid over at the request of two members, 3 1 . 
subsequent to third reading, to be referred to committee on Bills 

in the Third Reading, 33. 
subsequent to third reading, appropriation bills, 27A. 
to report of a committee, 23, 26. 
when questions shall be divided, 45. 

APPEALS: 

from decision of the President, 2. 

must be seconded, 43A. 
Audits of Senate accounts, 13C. 
Ballot, elections by, 5, 13, 58. 
Bill drafting division, 17. 



506 Rules of the Senate. 



BILLS AND RESOLVES: 

amendments of, from House, 33, 36. 

amendments, printed in calendar. Ethics and Rules committee recom- 
mend, 31 A. 

containing emergency preambles, or providing for borrowing money 
by the Commonwealth under Article LXII of the Amendments to 
the Constitution, 33, 34. 

drafting division to prepare, 1 7. 

electronic filing, 17. 

embodying legislation affecting rights of individuals or corporations 
not to be reported unless based upon petition, etc., 15. 

enactment of, 34. 

engrossed, not to be amended, except, etc., 49. 

engrossed, to be certified by Clerk, 34. 

filing formats, present to Clerk, 17. 

filling in blanks, 5 1 . 

for special legislation, not to be reported if object is attainable by gen- 
eral or existing laws, 16. 

from House, local matter, placed in calendar, 26. 

from House, to be reprinted in certain cases, 9. 

from House, to be referred, unless reported by, or substituted for a 
report of, a joint committee, 26. 

from Ways and Means, Long Term Debt and Capital Expenditures and 
Steering and Policy, not founded upon petition, 19. 

from Ways and Means, explain if requested, 27. 

how to be introduced, 23. 

how to be written, etc. 17. 

if adversely reported by the committee, question on rejection, 30. 

in paper form and electronically, 17. 

in print and available, 3 3 A. 

involving appropriations, proper forms, 27A. 

involving borrowing for new projects, and requiring the Common- 
wealth to issue bonds, to be referred to Long Term Debt and Cap- 
ital Expenditure, 26B. 

involving capital expenditure, appropriation, or cost of which exceeds 
$100,000, shall have a fiscal note attached, 27. 

involving expenditure of state money, or grant of public property, to 
be referred to committee on Ways and Means, unless, etc., 27. 

motions contemplating legislation to be founded upon petition, 19. 

not to be engrossed unless read on three several days, 28. 

ordered to a third reading or amended subsequent to third reading, 
unless read on three several days, 28. 



Index to the Rides of the Senate. 507 



ordered to a third reading or amended subsequent to third reading, 
unless, etc., to be referred to the committee on Bills in the Third 
Reading, 33. 
ordered to a third reading, placed in the Orders of the next day, 32. 
reading of title dispensed with at second reading unless passed for 

debate, 7A. 
rejected measures, or matters otherwise disposed of, not to be revived, 

50, 54. 
substantial amendment proposed by member, lay over at request of 

two members, 3 1 . 
substantially amended, to be placed in the Orders of the next day, 31. 
to be printed on order of the President, 20. 
to be read by their titles only, unless objection made, 29. 
to be referred to the committee on Steering and Policy, 26. 
two or more, may be consolidated, 33. 
Bills in the Third Reading, committee on, 12, 32A, 33. (See also Joint 

Rule 22A.) 
Borrowing of money by the Commonwealth, committee on Bills in the 

Third Reading to indicate on outside of bills and resolves, 33. 
Broadcast coverage of sessions, 59A, 59C, 59D. 

Calendar. See Senate Rule 7 and Orders of the Day. 
Capital expenditures, fiscal notes on, 27. 

Verbal disclosure, 27. 
Capital Expenditures, Long-Term Debt and, see Long-Term Debt and 

Capital Expenditures. 
Cellular telephones, use prohibited, 6 IB. 
Chaplain, appointment of, by President, 4. 
Clerk and Parliamentarian, duties of, 6, 7, 7A, 7B, 9, 18A, 20, 20A, 27A, 

34, 56, 57, 59B. (See also Joint Rules 12, 13, 15-20, 21, 23, 24, 26A.) 
Commit, motion to, 46, 48, 52. 

COMMITTEES: 

adverse report on bill or resolve, question on rejection, 30. 

adverse reports of, to be referred to committee on Steering and 

Policy, 36. 
appointment every two years, 12. 
chair, nomination and ratification, 13. 
discharge procedure, committees on Ways and Means and Ethics and 

Rules, 27C. 
duties of, on Administration, 12D. 
duties of, on Bills in the Third Reading, 33. 
duties of, on Ethics and Rules, 12 A, 13 A, 13C, 20, 31 A. 



508 Index to the Rules of the Senate. 



duties of, on Steering and Policy, 7, 12B, 19. 
duties of, on Ways and Means, 27, 27A. (See also Joint Rule 1.) 
majority, minority proportional representation consideration, 13. 
may report adversely or a general law in certain cases, 16. (See also 

Joint Rule 7.) 
may report bill by, 12B, 19. 
may report by bill or otherwise on messages from the Governor and 

special reports, 12B, 19. 
minority members appointed by minority leader, 13. 
not allowed to occupy Senate Chamber without a vote of the 

Senate, 14. 
not to report bills and resolves in certain cases, unless notice has been 

given to parties interested, etc., 15. 
orders authorizing, to travel or employ stenographers, 13 A. (See also 

Joint Rule 29.) 
orders, etc., involving special investigations by, 13A. (See also Joint 

Rule 29.) 
reports of, on proposals for amendment to the Constitution, 36. (See 

also Joint Rule 23.) 
standing, to be appointed, 12, 12A. (See also Joint Rule 1.) 
study orders, 16A. 
to be appointed by President unless, etc.; in case of election by 

ballot, 13. 
to report adversely or a general law in certain cases, 16. (See also 

Joint Rule 7.) 
vacancy, 13. 

vice-chairman, second named member, 13. 
vice-chair of ways and means, nomination and ratification, 13. 
Compensation of members, yeas and nays, 57A. 

Constitution, proposals for amendment to, 36. (See also Joint Rule 23.) 
Correspondence, electronic, 11C. 

Counsel, legislative, not admitted to Senate Chamber, etc., 61. 
Counsel to the Senate, 9A. 
Credit of the Commonwealth, pledging of, 33, 34. 

DEBATE, RULES OF: 

limitation as to speaking, 41. 

matters not giving rise to motion or debate to be first disposed of, 37. 

member not to interrupt another, except, etc., 42. 

member not to speak to a question after it is put to vote, 43. 

member to stand in his place when speaking, to address the 

President, 39. 
motion to close debate at any time, not less than one hour, 



Index to the Rales of the Senate. 509 



in order, 47. 
motions to be decided without debate, 52. 
motions to lay on or take from the table, postpone or to 

commit or recommit, debate limited, 52. 
motions to reconsider, debate limited, 52. 
motions to suspend rules, debate limited, 52. 
personalities, avoid, 39. 
President to designate who may speak when two or more members 

rise at the same time, 40. 
when a question is under debate, the President shall receive no 
motion, except, etc., 46. 
Decorum, President shall preserve, 2. 
Discharge from Bills in the Third Reading, 32A. 
Discharge from Orders of the Day, 38. 
Discharge from Steering and Policy, 32A. 
Discharge from Ways and Means, Ethics and Rules, 27C. 
Documents, printing of, 9, 20. (See also Joint Rule 21.) 

Elections by ballot, 5, 13, 58. 

Elections by roll call, 5, 13. 

Electronic mail, available to members, 11C. 

Electronic media, access to formal sessions, 59A, 59C. 

Emergency preambles, 33, 34. 

Employees, hiring and dismissal, 11 A. 

Employees, temporary, funding 10B. 

Employees, perform tasks commensurate with compensation 

received, etc., 10A. 
Engrossed bill, resolve, not to be amended, except, 49. 
Engrossed bills. See Final passage. 

Ethics and Rules, committee on, 12, 12 A, 13 A, 13C, 20, 27C, 31 A, 59, 
59A, 63 (see also Joint Rules 1, 14, 21, 29, 30, 32). 

may make recommendations to print amendments on calendar, 31 A. 

may make recommendations to facilitate business of session, 63. 
Ethics, 12 A. See also committee on Ethics and Rules 
Excuse from voting, 56, 57. 

Federal Financial Assistance, committee on, 12. 
Files, taking of matters from, 20. 
Final passage, bills and resolves prepared for, 34. 
Fiscal notes, 27, 27A. 

General appropriation bill, 27A, 38B. 
General bills, 16. 



510 Index to the Rules of the Senate. 



GOVERNOR: 

bills and resolves returned by, may be amended, 49. (See Const. Am. 

Art. LVI.) 
messages from, 19. 

Informal Sessions. See Sessions. 

Information to be transmitted to the Senate, orders, etc., 

providing for, 13A. (See also Joint Rule 29.) 
Initiative bills to be placed in the Orders of the Day, 26. 
Internet 

amendments to appropriation bill, 27A. 

electronic mail access for members, 11C. 

formal sessions, broadcast on, 59A. 

text of Senate bills, 20A. 

webcast of formal sessions, 59A. 
Interns, temporary employees, funding, 10B. 
Investigations, orders, etc., involving special, by committees, 13A, 27. 

(See also Joint Rule 29.) 

Joint Rules, Clerk to insert in appendix to journal, 6. 
Journal, 6, 20. 

Last week of session, 24, 53. 

Legislative counsel and agents not to be admitted to Senate Chamber, 

etc., 61. 
Local matters, placement in calendar, 26. 
Long-Term Debt and Capital Expenditures, committee on, 12, 19, 26B. 

Majority party caucus, 13B. 

Majority party leadership positions, nominations and ratifications; 

vacancy, 13. 
Majority party leadership positions, limit term, 1 IB. 
Member, officer or employee, use improper means to influence 

agencies, etc.. 10. 

MEMBERS: 

compensation, indication on envelope, roll call, 33, 34, 57A. 

desiring to be excused from voting, 56, 57. 

eldest senior member present to call Senate to order in case of absence 

of President, 5. 
electronic mail available, 11C. 
first named, or having highest number of votes, to be chairman of 

committee, 13. 



Index to the Rules of the Senate. 511 



limitation as to speaking, 41. 

may announce pairs before yeas and nays are called, 56. 

may be appointed to perform duties of the Chair, 4. 

may request postponement of orders, etc., 24. 

may request proposed amendment to be laid over. 3 1 . 

may request that a question be divided, 45. 

may request the taking of matters from the files, 20. 

not to interrupt another, except, 42. 

not to act on any committee or to vote upon a question where pri- 
vate right is immediately concerned distinct from the public 
interest, 10. 

not to speak to a question after it is put to vote, 43. 

number of, on each standing committee, 12. (See also Joint Rule 1.) 

office and space assignments, allocation of funds, 11 A. 

presenting petition, etc., to endorse name, etc., 18. 

President may speak to points of order in preference to, 2. 

President to call to order. 1. 

President to designate member entitled to floor, 40. 

questions of conduct, 12 A. 

to avoid personalities during debate, 39. 

vacancy, special election, 5B. 

when speaking, to rise and address the President, 39. 
Minority Leader, 1 IB, 12, 13, 13B. 
Minority party, 11B, 12B, 13, 13B. 
Minority party, request for caucus, 13B. 
Minority party, request for roll calls, 56. 
Minority party leadership positions, limit term, 1 IB. 

MOTIONS: 

certain to be laid over, 24, 31. 

certain to be referred to the committee on Ethics and Rules, 13 A. 

different from subject under consideration, shall not be admitted, 50. 

may be divided. 45. 

must relate to question under debate, 46. 

order of precedence, 46. 

reduced to writing, 44. 

that create main questions, 13A. 

time allowed for debate, 52. 

Officers and employees, 10, 10A, 10B, 11 A. 

Order, President to preserve, 2. 

Order, questions of. See Questions of order. 



512 Index to the Rules of the Senate. 



ORDERS: 

Committee on Ethics and Rules may initiate, 13 A. 

consideration of, may be postponed if any member so requests, 24. 

drafting division to prepare, 17. 

involving expenditure of public money for special committees, to 
be referred to the committee on Ways and Means, 27. 

or motions authorizing committees of the Senate to travel or to 
employ stenographers; involving special investigations by 
Senate committees; and providing that information be trans- 
mitted to the Senate, 13A. (See also Joint Rule 29.) 

to be deposited with the Clerk, etc., 20. 

ORDERS OF THE DAY: 

amendments to measures from House to be placed in, except, etc., 36. 
bills and resolves ordered to a third reading to be placed in, 32. 
bills and resolves substantially amended to be placed in, 31. 
bills and resolves, upon which adverse report has been negatived, to 

be placed in, 30. 
Clerk to indicate amendments of bills and resolves from House in, 9. 
Clerk to prepare and cause to be printed, 7. 
consideration of matters in, 37. 
local matters, placed in, 26. 
matters not to be discharged from, 38. 
procedure, 7A. 

reports of committee on Steering and Policy, to be placed in, 26, 36. 
reports of committees, except those asking discharge, etc., to be placed 

in, 36. 
unfinished business to have preference in, next after motions to 

reconsider, 35. 

Pairs, recording of, 56. 

Parliamentarian, Senate Clerk to be, 7B. 

Parliamentary inquiry, question of, 42. 

Parliamentary practice, rules of, to govern the Senate, 62. 

Personal privilege, question of, 42. 

PETITIONS: 

bills introduced by initiative, to be referred to the committee 

on Steering and Policy, 26. 
certain legislation not to be proposed, introduced or reported 

unless founded on petition, 15. 
how committees shall report upon certain, 15, 16. 
identical, 18 A. 



Index to the Rules of the Senate. 513 



legislation shall be founded upon, exception, 19. 

presented in paper and electronic forms, 17. 

presented by a member, 18. 

reading dispensed with, 18. 

refiled, 17. 

statement of the nature and object of, 18. 

to be filed with Clerk and referred by him to committees, 17, 20, 26A. 
Placed on fde, 36. (See also Joint Rules 10A, 12.) 
Pledge of allegiance, 1A. 
Pledging credit of the Commonwealth, 33, 34. 
Post Audit and Oversight, committee on, 12. 
Postpone indefinitely, 46. 
Postpone to a day certain, 46, 52. 
Postponement of consideration of certain requests and motions at 

request of a member, 24. 
Prayer, 1A. 

PRESIDENT: 

appeal from a decision of, 43A. 

bills and resolves accompanying petitions, and other documents, to 
be printed on order of, 20. (See also Joint Rule 21.) 

candidacy for other state or federal elected office, remove from posi- 
tion, 4B. 

duties of, 1-4, 5A, 13, 13B. 

election, roll call vote, 4A. 

may set time certain for yeas and nays, 56. 

name not to be called in taking yeas and nays, 57. 

petitions, etc., to be referred by Clerk, with the approval of, 20. 

to appoint committees, unless otherwise ordered, 13. 

to cancel session during extreme emergency, 5A. 

to declare a session to be informal, 5A. 

to declare all votes; if doubted, shall order a return of votes, 55. 

to designate member entitled to floor, 40. 

to nominate committee chairs and vice-chair of Ways and Means, 13. 

use of reporters' gallery to be subject to approval and direction of, 
59,61. 

vacancy, 5. 
President pro tempore, 12E, 13. 

Printing of documents, 9, 20, 20A. (See also Joint Rule 21.) 
Privilege of the floor, etc., 61. 
Public property, bills or resolves involving grant of, to be referred to 

committee on Ways and Means, unless, 27. 



514 Index to the Rules of the Senate. 



Questions of order, 2, 6, 42. 

Quorum, 1, 11, 64. (See Const. Am. Art. XXXIII.) 

Reading of papers, may be dispensed with, 18, 20. 

Recesses, inform members of reconvening, 52A. 

Recommit, motion to, 46, 52. 

Reconsideration, 52, 53. 

Reference to committee, precedence of committees, 48. 

Rejected measures, 54. 

Repealed laws, not to be re-enacted by reference, 17. 

Reporters' gallery, control of, etc., 59, 61. 

Reports of committees, 12B, 15, 16, 16A, 19, 23, 26, 27, 30, 36. 

Reprinting of bills and resolves, 9. 

Rescission of rules, vote required, 63. 

RESOLUTIONS: 

drafting division to prepare, 17. 

to be deposited with Clerk, etc., 20. 

to be printed, 20. 

to be read by title, unless objection, 29. 

to be referred to the committee on Bills in the Third Reading 
before adoption, 33. 

to be referred to the committee on Steering and Policy, 26. 
Resolves. See Bills and Resolves. 

RULES: 

alteration, suspension or repeal of, 52, 63. 

Clerk to insert in appendix to journal, 6. 

motions to suspend certain, may be postponed, on request of 
a member, 24. 

of parliamentary practice, 62. 

permanent, deadline for adoption, 65. 

violations of, 12 A. 
Rules, committee on, see Committee on Ethics and Rules. 

Scheduling and consideration of matters, 13 A, 26. 
Science and Technology, committee on, 12, 26A, 59A. 
Senate Chamber and adjoining rooms, 59, 60, 61, 61 A. 

SESSIONS: 

cancellation of, 5A. 
informal, 5A, 7. 
last week of, 24, 53. 



Index to the Rules of the Senate. 515 



television, radio, Internet (webcast) coverage for formal, 59A, 59C, 
59D. 

to end at 8 o'clock P.M., 38A. 

webcasting, 59A. 
Special bills, 16. 
Special elections, 5B. 

Special reports, filed with Clerk and printed, 20. 
Steering and Policy, committee on, 7, 12B, 19, 20, 26, 32A, 36. 
Stenographers, employment of, by committees, 13 A. (See also 

Joint Rule 29.) 
Study orders, 16A. 
Suspension of certain rules, laid over, 24. 

SUSPENSION OF RULES: 
limit of debate on, 52. 
vote required, 63. 

TABLE: 

lay on, take from, limit debate on motion to, 52. 

lay on, take from, motion to, 24, 46, 52. 
Take from files, 20. 

Telephones, prohibit the use of cellular, 6 IB. 
Television, radio, Internet (webcast) coverage, 59A, 59C, 59D. 
Television sessions, videotapes, availability, 59B. 
Temporary employees, interns, funding, 10B. 
Term limits, majority and minority leadership, 1 IB. 
Third Reading, committee on Bills in the, 12, 32A, 33. 
Travel, orders authorizing committees to, 13A. (See also Joint Rule 29.) 

Unfinished business, 35. 

Vacancy, special election called, 5B. 
Videotapes, Senate sessions, 59B. 
Voting, 55-57. 

Ways and Means, committee on, 12, 13, 19, 27, 27A, 27C, 36. (See also 
Joint Rule 1.) 



Yeas and Nays, 33, 38A, 52, 56, 57, 57A. 



Riles 

OF THE 

House of Representatives 

(as fmalh adopted on January 26. 2()(I5| 



House of Representatives. 519 

RULES 

OF THE 

HOUSE OF REPRESENTATIVES 

[As adopted on January 26, 2005] 



[Rule numbers have been changed. Numbers enclosed 

in brackets following each rule indicate 

the rule number prior to 1979. 

Numbers enclosed in parentheses following each rule 
indicate the corresponding Senate Rule.] 



SPEAKER. 



1. The Speaker shall take the Chair at the hour to which the House 
stands adjourned, call the members to order, and, on the appearance of a 
quorum, proceed to business. [1.] (Senate Rule I.) 

1A. The House shall not be called to order before the hour of ten 
o'clock A.M. nor meet beyond the hour of nine o'clock P.M. At the hour 
of nine o'clock P.M., if the House is in session, the Speaker shall inter- 
rupt the business then pending and shall, without debate, place before the 
House the question on suspension of this rule which shall be decided by 
a majority of members present and voting by a recorded yea and nay 
vote. If the vote is in the affirmative, said vote shall permit the House to 
remain in session until the hour of midnight; provided that the session 
shall not continue beyond the hour of midnight, unless by unanimous 
consent of the members present. The House shall then return to the 
pending business; and if no matter was pending, to the next order of 
business. However, if the vote is in the negative, the Speaker shall forth- 
with, and without further debate, adjourn or recess the House to a time 
not earlier than ten o'clock A.M. on the next succeeding calendar day. 

[Adopted Jan. 12, 1983; Amended Jan. 11, 1985; Jan. 12, 1987; 
Jan. 14, 1997; May 16,2000.] 

2. The Speaker shall preserve decorum and order in the House 
Chamber. While in the House Chamber during formal sessions, members 
and staff shall be required to dress in proper and appropriate attire and to 
refrain from the use of cellular telephones, beepers and pagers. The 



520 Rules of the 



Speaker also may speak to points of order in preference to other mem- 
bers; and shall decide all questions of order, subject to an appeal to the 
House. [2.] (2.) [With regard to appeals, see Rule 77.] 
[Amended Jan. 11, 1985; Jan. 9, 2003.] 

3. The Speaker shall declare all votes, subject to verification as here- 
inafter provided. [3.] (55.) [See Rules 49 to 53, inclusive.] 
[Amended Jan. 11, 1985.] 



4. In all cases the Speaker may vote. [4.] (3.) 
[Amended Jan. 11, 1985.] 



4A. The Speaker may appoint a Speaker pro tempore. The Speaker 
pro tempore shall assist the Speaker in the coordination of policy devel- 
opment and the ceremonial functions of the House and shall perform 
such duties assigned to him by the Speaker. Upon a vacancy in the office 
of Speaker, the office of Speaker pro tempore shall be considered vacant 
until a Speaker pro tempore is elected or appointed. 

[Adopted Jan. 26, 2005.] 

5. The Speaker may appoint a member to perform the duties of the 
Chair. In the event the Speaker fails to appoint a member to perform the 
duties of the Chair, the Speaker pro tempore shall be the Acting Speaker 
until the Speaker otherwise provides or until a vacancy in the office of 
Speaker occurs. In the event that the Speaker pro tempore is absent or is 
unable to perform the duties of Acting Speaker, the Majority Leader, the 
Assistant Majority Leader, the Second Assistant Majority Leader or 
other designee shall be the Acting Speaker. [7.] (4.) 

[Amended April 18, 1979; Jan. 11, 1985; Jan. 14, 1997; Jan. 26, 
2005.] 

6. In case of a vacancy in the office of Speaker, or in case the 
Speaker or the member named by said Speaker in accordance with the 
preceding rule is absent at the hour to which the House stands adjourned, 
the senior member present shall call the House to order, and shall preside 
until a Speaker pro tempore or a Speaker is elected, which shall be the 
first business in order. [8.] (5.) 

[Amended Jan. 11, 1985.] 

7. At the beginning of the first year of the two year General Court 
the Speaker shall, unless the House otherwise directs, appoint a Chap- 
lain; and the Speaker shall promptly fill any vacancy in the office of 
Chaplain. [7A.] (4.) 

[Amended Jan. 11, 1985.] 



House of Representatives. 521 



SCHEDULING. 

7A. There shall be appointed a standing committee on Steering, 
Policy and Scheduling consisting of eleven members. The committee 
shall not be subject to the provisions of Rule 17A, but shall be autho- 
rized to meet from time to time at the call of the Chair for the purpose of 
assisting the members of the House of Representatives in identifying the 
major matters pending before the General Court, the relative urgency and 
priority for consideration of such matters, and alternative methods of 
responding to such matters by the General Court. Said committee shall 
schedule legislative matters in a manner that will provide for an even 
distribution and orderly consideration of reports of legislative commit- 
tees on the daily Calendar. 

The committee on Steering, Policy and Scheduling shall not be 
authorized to recommend changes or amendments to legislation or rec- 
ommend that a matter ought to pass or ought not to pass, but shall only 
report asking to be discharged from further consideration of a bill, and 
recommending that it be referred or recommitted to another committee, 
provided, however, that it shall not recommend that a matter be referred 
or recommitted to the committee on Rules or the committees on Rules of 
the two branches, acting concurrently, or what date a matter shall be 
scheduled for consideration by the House and placed in the Orders of the 
Day. All reports by the committee on petitions filed or approved by the 
voters of a city or town, or by the mayor and city council, or other leg- 
islative body of a city or the town meeting of a town with respect to a 
law relating to that city of town shall be read and considered by the 
House at a formal or informal session before being accepted, rejected or 
otherwise acted upon. 

All matters received from the Senate or reported from standing com- 
mittees of the House and joint standing committees of the General Court 
shall, unless subject to provisions of any other House or joint rules, be 
referred to the committee on Steering, Policy and Scheduling. All mat- 
ters reported by said committee on Steering, Policy and Scheduling rec- 
ommending that a matter shall be scheduled for consideration by the 
House shall be placed in the Orders of the Day for the next sitting. Said 
committee may report on a legislative matter within thirty days following 
the day the matter was referred. If the committee fails to report a matter 
within thirty days following the date of its reference, the Clerk shall 
place the matter on the Calendar of the House as if it had been scheduled 
for consideration by said committee on Steering, Policy and Scheduling. 

[Adopted Jan. 14, 1997; Amended Jan. 26, 1999; Jan. 24, 2001; 
Jan. 9, 2003; Jan. 26, 2005.1 



522 Rules of the 



7B. The committee on Rules shall be authorized to originate and 
report special orders for the scheduling and consideration of legislation 
on the floor of the House. Said committee shall not be subject to the noti- 
fication provisions contained in Rule 17A but may hold public hearings 
and shall accept testimony only from the members of the House. A 
majority of the members appointed to the committee shall constitute a 
quorum. When reported, such orders may be amended by a two-thirds 
vote of the members present and voting, and shall be subject to approval 
by a majority of the members of the House present and voting. Debate on 
the question on adoption of such orders shall be limited to thirty minutes. 
No orders adopted pursuant to this paragraph shall limit the powers of 
the Speaker as provided in Rules 1 to 6, inclusive. Such orders shall not 
be subject to reconsideration. 

[Adopted Jan. 14, 1997; Amended Jan. 24, 2001.] 

7C. The committee on Rules may consider and make recommenda- 
tions designed to improve and expedite the business and procedures of 
the House and its committees, and to recommend to the House any 
amendments to the Rules deemed necessary; provided that a majority of 
the members of the House present and voting shall be required to 
approve such recommendations. 

The committee shall be privileged to report at any time. 

[Adopted Jan. 14, 1997.] 

7D. The Speaker shall, in consultation with the committee on Rules 
and the committee on Steering, Policy and Scheduling, establish a com- 
mittee scheduling system that would minimize to the greatest extent pos- 
sible scheduling conflicts for members of committees. 

The Speaker shall determine a schedule for the House for each week 
relative to formal and informal sessions and shall make such schedule 
available to the members by Thursday of the preceding week; provided, 
however, that the Speaker may make, notwithstanding the provisions of 
Rule 7A, changes in the schedules to facilitate the business of the House 
in an efficient and timely fashion. The Speaker shall communicate notice 
of any such scheduling change to the members in writing or by way of 
electronic mail as soon as practicable, and whenever possible, the 
Speaker shall provide such notice not less than twenty-four hours before 
the event so rescheduled is set to commence. 

[Adopted Jan. 14, 1997; January 9, 2003.] 

MONITORS. 

8. Two monitors shall be appointed by the Speaker for each division 
of the House, whose duty it shall be to see to the due observance of the 



House of Representatives. 523 



rules, and, on request of the Speaker, to return the number of votes and 
members in their respective divisions. [9.] 

9. If a member transgress any of the rules after being notified 
thereof by a monitor, it shall be the duty of such monitor to report the 
case to the House. 

It shall be the duty of a monitor to report his or her knowledge of the 
occurrence of a member voting for another member, in his or her divi- 
sion of the House, to the Speaker of the House and the Minority Leader. 
[10.] [See Rules 16 and 16A.] 

[Amended Jan. 9, 1991; May 5, 1993.] 

9A. There shall be established a Floor Division Committee for each 
of the four divisions of the House. The Speaker shall appoint a Floor 
Division chairperson for each of the four divisions. Said committee shall 
consist of the members assigned to the respective divisions. 

In order to create a continuous flow of debate, each chairperson 
shall be responsible for reviewing the daily Calendar and providing 
advance notice to committee members in the respective divisions of all 
matters scheduled for consideration in the Orders of the Day. Said com- 
mittee chairpersons shall provide information to members of their com- 
mittees on pending legislation and other matters of business before the 
House. 

In addition to the legislative duties, chairpersons shall oversee the 
physical appearance of the Chamber and the various areas under the 
jurisdiction of the House of Representatives. Said chairpersons shall be 
authorized to act as a committee and may meet at any time at the request 
of at least two chairpersons. Said chairpersons, as a committee, shall be 
authorized to meet with the appropriate agencies and historical commis- 
sions of the Commonwealth for the purpose of requesting expeditious 
appraisals and necessary repairs and renovations to the interior and exte- 
rior of the State House. The committee of chairpersons shall report 
directly to the Speaker the results of all consultations. 

[Adopted Jan. 14, 1997.] 

CLERK. 

10. The Clerk shall keep the Journal of the House. The Clerk shall 
enter therein a record of each day's proceedings and, whenever practi- 
cable, submit it to the Speaker and the Minority Leader before the hour 
fixed for the next sitting, and shall cause the same to be available daily 
in a format to be determined by the Clerk; and provided further that a 
copy of said Journal shall also be made available to each member of the 



524 Rules of the 



House. Any objection to the Journal shall be made before the House pro- 
ceeds to the consideration of the Orders of the Day. [11.] (6.) 

[Amended Jan. 12, 1981; Jan 11, 1985; Jan. 17, 1995; Jan. 9, 2003.] 

10A. The Clerk shall be the official parliamentarian of the House of 
Representatives. 

[Adopted Jan. 9. 1991.] 

11. Every question of order with the decision thereof shall be entered 
at large in the Journal, and shall be noted in an appendix, which shall 
also contain the rules of the House and of the two branches. [12.] (6.) 

12. The Clerk shall prepare and make available on each day of 
formal session a Calendar of matters in order for consideration and such 
other memoranda as the House or the Speaker may direct. The Clerk 
shall prepare a Calendar on which shall appear any question on passage 
of a bill or resolve notwithstanding the objections of His Excellency the 
Governor. 

When, in the determination of the Clerk, a volume of matters exists 
for the next legislative day, the Clerk shall be authorized to prepare and 
cause to be made available an advance calendar of the matters in order of 
consideration for the next legislative day and such other memoranda as 
the House or Speaker may direct. The Clerk may indicate on the advance 
calendar that the matters contained therein are subject to change. 

The Clerk shall be authorized to dispense with preparing and making 
available a Calendar for designated formal sessions of the House only 
after two-thirds of the members present and voting consent thereto on a 
recorded yea and nay vote. Debate on this question shall be limited to 
fifteen minutes, no member shall speak more than three minutes, and 
such question shall not be subject to reconsideration. 

The Clerk shall dispense with preparing and making available a Cal- 
endar for designated Informal Sessions of the House. 

As soon as practicable whenever the Clerk prepares a Calendar or 
advance Calendar under this rule, he also shall cause a true copy thereof 
to be saved on a portion of the House Computer Network that is gener- 
ally available by all members and their staff, and reasonably promptly 
thereafter he shall cause the members and their staff to be notified of the 
same by way of electronic mail, and, at a time as is feasible, as deter- 
mined by the Clerk, shall cause said Calendar to be posted on the Leg- 
islative Web Page. [13.] (7.) 

[Amended Jan. 12, 1983; Jan. 11, 1985; Jan. 12, 1987; May 5, 1993; 
Jan. 17, 1995; Jan. 24, 2001; Jan. 9, 2003; Jan. 26, 2005.] 



House of Representatives. 525 



13. Any objection to the Calendar shall be made and disposed 
of before the House proceeds to the consideration of the Orders of the 
Day. [14.] 

MEMBERS. 

14. No member shall stand up, to the inconvenience of others, while 
a member is speaking; or be involved in disturbing conversation while 
another member is speaking in debate; or pass unnecessarily between the 
Speaker of the House and the member speaking; or stand in the passages, 
or in the area in front of the Chair; or stand at the Clerk's desk while a 
roll call is in progress. [16.] 

[Amended Jan. 12, 1987; Jan. 9, 1989; Jan. 26, 1999.] 

15. When it appears to the presiding officer that the presence of a 
quorum is endangered, the Chair shall order the doors closed. If a 
quorum is doubted the Chair shall order the doors closed and thereafter 
no member shall enter or leave the House until an initial determination 
has been made as to the presence of a quorum or lack thereof; and there- 
after, provided that no quorum is present, no member shall leave the 
House unless by permission of the presiding officer, but members shall 
be admitted, at any time. 

Upon the doubting of a quorum and after ascertaining that a quorum 
is not present, the Speaker may order a recorded attendance roll call to 
be taken on the electronic roll call machine. 

Said roll call, if ordered, shall be taken at a time determined by the 
Speaker. 

Members answering a quorum call shall vote '"YES" on the roll call 
machine. [17.] (11.) 

[Amended Jan. 12, 1981; Feb. 22, 1982; Jan. 12, 1983; Jan. 12, 
1987; Jan. 9, 1991.] 

ETHICS. 

16. There shall be appointed a committee on Ethics as authorized by 
Rule 17 but shall not be subject to the provisions of Rule 17A when the 
committee is meeting pursuant to an alleged violation of House Rule 
16A. The committee shall consist of eleven members, seven of whom 
shall be appointed by the Speaker, four of whom shall be appointed by 
the Minority Leader. 

Any member appointed to this committee shall, upon declaration of 
candidacy for any other state or federal elective office, remove 
himself/herself from said committee. 



526 Rules of the 



The House committee on Ethics is empowered to investigate and 
evaluate, at the direction of the Speaker, by a sworn written complaint 
filed and delivered by a member, officer or employee to the chairman of 
the Ethics committee, or by a majority vote of the members appointed to 
the Ethics committee, any matters relative to alleged violations of the 
Code of Ethics (Rule 16A) by a member, officer or employee. 

Upon the receipt of said sworn written complaint, at the direction of 
the Speaker or by a majority vote of the members appointed to the Ethics 
committee, the committee shall notify any person named of the nature of 
the alleged violation and a list of prospective witnesses, and also shall 
notify said person of the final disposition and the recommendations, if 
any, of the committee. 

Any member, officer, or employee of the House named relative to an 
alleged violation shall be afforded the opportunity to appear before the 
committee on Ethics with counsel. 

All proceedings including the filing of the initial complaint shall be 
considered confidential information. 

If the alleged violation received in the manner described above is 
deemed to have merit by a majority vote of the members appointed to the 
committee, the committee shall file a report with the Clerk of the House. 
Said report shall be a public document. The committee shall not disclose 
any allegation deemed to be frivolous or without merit. 

If a majority appointed finds that any member of the House, officer, 
or employee has violated any provision of the Code of Ethics, a majority 
appointed may, in the case of a member, recommend a reprimand, cen- 
sure, removal from a chairmanship or other position of authority, or 
expulsion; and in the case of an officer or employee, a majority 
appointed may recommend a reprimand, suspension, or removal from 
employment. 

Should such an alleged violation be filed with the committee 
regarding a member or members of the House Ethics committee, said 
member or members shall not participate in the committee deliberations 
on said alleged violation. 

Any member of the House, officer, or employee may request in 
writing from the House committee on Ethics an advisory opinion con- 
cerning any contemplated personal action or potential personal conflict. 
The committee on Ethics shall issue written advisory opinions and clari- 
fication in response to said written request. The committee shall respond 
within sixty days of receipt of such a request, unless the General Court 
has prorogued. In that event, the committee shall respond within thirty 
days following the opening of the new session. 

No member, officer, or employee of the House shall be penalized in 
any manner for having acted within the guidelines of an advisory 



House of Representatives. 527 



opinion, provided that all pertinent facts are stated in the original request 
for an advisory opinion. 

The chairman of the Ethics committee may convene the committee at 
any time. 

The chairman shall also convene the committee at the written request 
of at least five members of the committee. 

Upon convening of the first annual session of the General Court and 
after the adoption of rules, all members, officers and employees of the 
House shall be provided with a current copy of the Code of Ethics con- 
tained in Rule 16A. [19.] (12A.) 

[Amended Jan. 12, 1987; May 5, 1993; Jan. 17, 1995; Mar. 6, 1995; 
Jan. 14, 1997.] 

CODE OF ETHICS. 

16A. (1.) While members, officers, and employees should not be 
denied those opportunities available to all other citizens to acquire and 
retain private, economic and other interests, members, officers, and 
employees should exercise prudence in any and all such endeavors and 
make every reasonable effort to avoid transactions, activities, or obliga- 
tions, which are in substantial conflict with or will substantially impair 
their independence of judgement. 

(2.) No member, officer, or employee shall solicit or accept any 
compensation or political contribution other than that provided for by 
law for the performance of official legislative duties. 

(3.) No member, officer, or employee shall serve as a legislative 
agent as defined in Chapter 3 of the General Laws regarding any legisla- 
tion before the General Court. 

(4.) No member, officer, or employee shall receive any compensa- 
tion or permit any compensation to accrue to his or her beneficial interest 
by virtue of influence improperly exerted from his or her official position 
in the House. 

(5.) No member, officer, or employee shall accept employment or 
engage in any business or professional activity, which will require the 
disclosure of confidential information gained in the course of, and by 
reason of, his or her official position. 

(6.) No member, officer, or employee shall willfully and knowingly 
disclose or use confidential information gained in the course of his or her 
official position to further his or her own economic interest or that of any 
other person. 

(7.) Except as provided in Rule 49, no member shall cast a vote for 
any other member, nor shall any officer or employee vote for any 
member, except that the Clerk or an assistant Clerk may record a vote for 



528 Rules of the 



a member who votes late under the provisions of Rule 52, or is prohib- 
ited from voting from his desk due to a malfunction of the electronic roll 
call voting machine; provided the Clerk's action shall not be construed 
as voting for said member. 

(8.) No member shall use profane, insulting, or abusive language in 
the course of public debate in the House Chamber or in testimony before 
any committee of the General Court. 

(9.) No member, officer, or employee shall employ anyone from 
public funds who does not perform tasks which contribute substantially 
to the work of the House and which are commensurate with the compen- 
sation received; and no officer or full time employee of the House shall 
engage in any outside business activity during regular business hours, 
whether the House is in session or not. All employees of the House are 
assumed to be full time unless their personnel record indicates otherwise. 

(10.) No member, officer, or employee shall accept or solicit com- 
pensation for non-legislative services which is in excess of the usual and 
customary value of such services. 

(1 1.) No member, officer, or employee shall accept or solicit an hon- 
orarium for a speech, writing for publication, or other activity from any 
person, organization, or enterprise having a direct interest in legislation 
or matters before any agency, authority, board, or commission of the 
Commonwealth which is in excess of the usual and customary value of 
such services. 

(12.) No member of the House, officer, or employee shall knowingly 
accept any gifts with an aggregate value of $100.00 or more in a calendar 
year from any legislative agent. 

No member of the House, officer, or employee shall accept any gift 
of cash from any person or entity having a direct interest in legislation 
before the General Court (For the purpose of paragraph 12, the defini- 
tions of "gift" and "person" are defined in Chapter 268B, Section 1(g) 
and l(m).). 

(13.) No member shall convert campaign funds to personal use in 
excess of reimbursements for legitimate and verifiable campaign expen- 
ditures. Members shall consider all proceeds from testimonial dinners 
and other fund raising activities as campaign funds. 

(14.) No member shall serve on any committee or vote on any ques- 
tion in which his/her private right is immediately concerned, distinct 
from the public interest. [19.] 

(15.) No member, officer or employee shall violate the confiden- 
tiality of any proceeding before the Ethics committee. [19A.] 

[Amended Jan. 12, 1981; May 5, 1993; Jan. 24, 2001.] 

16B. The Committee on Personnel and Administration shall develop 
and conduct an ethics law training program to be offered to every 



House of Representatives. 529 



member of the House and all House staff personnel biannually, com- 
mencing on January 1, 2005. 
[Adopted Jan. 9, 2003.] 

COMMITTEES. 

17. At the beginning of the first year of the two year General Court, 
standing committees shall be appointed as follows: 
A committee on Rules; 

(to consist of fifteen members). 
A committee on Ways and Means; 

(to consist of thirty-two members). 
A committee on Bills in the Third Reading; 

(to consist of three members). 
A committee of each Floor Division; 

(to consist of the members of each division). 
A committee on Ethics; 

(to consist of eleven members). 
A committee on Personnel and Administration; 

(to consist of thirteen members). 
A committee on Post Audit and Oversight; 

(to consist of eleven members). 
A committee on Steering, Policy and Scheduling; 

(to consist of eleven members). 
Committee meetings, insofar as practicable, shall not be scheduled 
in conflict with formal sessions of the House of Representatives. [20.] 
(12, 12A, 12B.) 

[Amended March 6, 1979; Sept. 16, 1981; Jan. 11, 1985; Jan. 12, 
1987; May 5, 1993; Oct. 6, 1993; May 23, 1996; Jan. 14, 1997; Jul. 17, 
2003; Jan. 26, 2005.] 

17A. The following terms shall have the following meanings: 

"Deliberation ", a verbal exchange between a quorum of members of 
a committee attempting to arrive at a decision on any public business 
within its jurisdiction. 

"Emergency", a sudden, generally unexpected occurrence or set of 
circumstances demanding immediate action. 

"Executive session ", any meeting or part of a meeting of a com- 
mittee which is closed to certain persons for deliberation on certain matters. 

"Meeting ", any corporal convening and deliberation of a committee 
for which a quorum is required in order to make a decision at which any 
public policy matter over which the committee has supervision, control, 
jurisdiction or advisory power is discussed or considered; but shall not 
include any on site inspection of any project or program. 



530 Rules of the 



"Quorum", a simple majority of a committee unless otherwise 
defined by constitution, rule or law applicable to such committee. A 
quorum shall be presumed to be present unless otherwise doubted. 

All meetings, including hearings and executive sessions, of House 
standing committees, and special committees of the House of Represen- 
tatives, shall be open to the public and any person shall be permitted to 
attend any meeting except as otherwise provided by this rule. Areas for 
the media and the public may be specifically designated by the presiding 
officer. 

No quorum of a committee shall meet in private for the purpose of 
deciding on deliberating toward a decision on any matter except as pro- 
vided by this rule. 

No executive session shall be held until the committee has first con- 
vened in an open session for which notice has been given, the presiding 
officer having stated the authorized purpose of the executive session, a 
majority of the members of the committee present have voted to go into 
executive session and the vote of each member recorded on a roll call 
vote and entered into the minutes, the presiding officer has stated before 
the executive session if the committee will reconvene after the executive 
session. 

Nothing except the limitations contained in this rule shall be con- 
strued to prevent the committee from holding an executive session after 
an open meeting has been convened and after a recorded vote has been 
taken to hold an executive session. Executive sessions may be held only 
for the following purposes: 

(1) To discuss the reputation, character, physical condition or mental 
health rather than the professional competence of an individual, provided 
that the individual to be discussed in such executive session has been 
notified in writing by the committee, at least forty-eight hours prior to 
the proposed executive session. Notification may be waived upon agree- 
ment of the parties. 

A committee shall hold an open meeting if the individual involved 
requests that the meeting be open. If an executive session is held, such 
individual shall have the following rights: 

(a) to be present at such executive session during discussions or con- 
siderations which involve that individual. 

(b) to have counsel or a representative of his/her own choosing pre- 
sent and attending for the purpose of advising said individual and not for 
the purpose of active participation in said executive session. 

(c) to speak in his/her own behalf. 

(2) To consider the discipline or dismissal of, or to hear complaints 
or charges brought against, a public officer, employee, staff member, or 
individual, provided that the individual involved in such executive ses- 
sion has been notified in writing by the committee at least forty-eight 



House of Representatives. 53 1 



hours prior to the proposed executive session. Notification may be 
waived upon agreement of the parties. A committee shall hold an open 
meeting if the individual involved requests that the meeting be open. If 
an executive session is held, such individual shall have the following 
rights: 

(a) to be present at such executive session during discussions or con- 
siderations which involve that individual. 

(b) to have counsel or a representative of his/her own choosing pre- 
sent and attending for the purpose of advising said individual and not for 
the purpose of active participation in said executive session. 

(c) to speak in his/her own behalf. 

(3) To discuss strategy with respect to litigation if an open meeting 
may have a detrimental effect on the position of the committee. 

(4) To consider the purchase, exchange, lease or value of real prop- 
erty, if such discussions may have a detrimental effect on the negotiating 
position of the Commonwealth and a person, firm or corporation. 

This rule shall not apply to any chance meeting or social meeting at 
which matters relating to official business are discussed so long as no 
final agreement is reached. No chance meeting or social meeting shall be 
used in circumvention of the spirit or requirements of this section to dis- 
cuss or act upon a matter over which the committee has supervision, con- 
trol, jurisdiction, or advisory power. 

Except in an emergency, a notice and agenda of every meeting of a 
committee subject to this rule shall be filed with the Clerk of the House 
and publicly posted on the bulletin board outside the Clerk's Office, and, 
at such time as is feasible, as determined by the Clerk, the Legislative 
Web Page, and in such other places as are designated in advance for such 
purpose by said Clerk, at least forty-eight hours, including Saturdays but 
not Sundays and legal holidays, prior to the time of such meeting and a 
list of the bills, petitions, and resolutions to be considered for a vote or 
other action by the committee. The notice shall include the date, time and 
place of such meeting. Such filing and posting shall be the responsibility 
of the officer calling such meetings. The Clerk shall furnish copies of 
such notices, upon request, to members and the public. 

A committee shall maintain accurate records of its meetings and 
hearings setting forth the date, time and place thereof, and recording any 
action taken at each meeting, hearing or executive session. The record of 
each meeting shall become a public record and be available to the public; 
provided, however, that the records of any executive session may remain 
secret as long as publication may defeat the lawful purposes of the exec- 
utive session, but no longer. All votes requested to be taken in executive 
sessions shall be recorded roll call votes and shall become a part of the 
record of said executive sessions. 



532 Rules of the 



A meeting of a committee may be recorded by a person in attendance 
by means of a tape recorder or any other means of sonic reproduction 
except when a meeting is held in executive session; provided, that during 
such recording there is no active interference with the conduct of the 
meeting. 

Copies of all bills that have been redrafted in a substantial manner 
and that are to be voted on in Executive Session by the House Ways and 
Means Committee shall be available to all members of the committee in 
the form they will be considered not less than twenty-four hours in 
advance of consideration by the Ways and Means Committee; provided, 
however, that said committee may vote on a bill that has not been avail- 
able for said period of time by vote of a majority of the committee mem- 
bers present and voting to do so. 

[Adopted Nov. 17, 1983; Amended Jan. 12, 1987; Jan. 9, 1991; 
May 5, 1993; Jan. 17, 1995; Jan. 14, 1997; Jan. 9, 2003.] 

17B. Whenever any member of a House committee present at the 
committee meeting so requests, the vote to give any legislation a favor- 
able or adverse report shall be a recorded vote of the full committee. 
Such votes shall be recorded on appropriate forms that show all votes for 
and against the particular committee action. The record of all such roll 
calls shall be kept in the offices of the committee and shall be available 
for public inspection. 

No report of a House committee on any legislation shall be final 
until those members of the committee present and voting with the 
majority have been given the opportunity to sign such appropriate forms 
before the report is made to the House. No signature shall be valid unless 
the forms to which the signatures are affixed include the substantially 
complete text of the legislation being reported. 

[Adopted Nov. 17, 1983; Amended Jan. 12, 1987.] 

17C. There shall be a committee on Personnel and Administration on 
the part of the House consisting of thirteen members. Said committee 
shall be responsible for the allocation of office space as equitably as pos- 
sible among the various members and joint and standing committees on 
the part of the House and their respective House staffs. 

The committee shall allocate space among the various committees on 
the part of the House taking into account the work load, duties and 
responsibilities and size of staff of each. 

The Speaker may make temporary office assignments in accordance 
with the foregoing principles. 

The committee on Personnel and Administration may from time to 
time make changes in the assignment of office space for committees and 
the various staffs in accordance with the established standards. 



House of Representatives. 533 



Said committee shall establish the staffing levels and positions for 
each joint and standing committee of the House together with a classifi- 
cation plan for all employees of the House of Representatives. 

For each person who is employed or is to be employed by a joint or 
standing committee on the part of the House, each committee chairman 
shall nominate each such person and the House members of the committee 
by a majority vote shall vote on whether to approve each said nominee. The 
House members of the committee shall approve such persons whose char- 
acter and qualifications are acceptable to the majority of the House mem- 
bers of the committee and are in accordance with the qualifications 
established by the Personnel and Administration committee. 

The chairman of each standing committee shall have the authority to 
discharge an employee. 

The House staff members of each committee shall be appointed 
solely on the basis of fitness to perform the duties of their respective 
positions and consistent with section four of chapter one hundred fifty- 
one B of the General Laws. The said committee staff shall: 

( 1 ) not engage in any work other than committee business during 
business hours. 

(2) not be assigned any duties other than those pertaining to com- 
mittee business. 

The committee shall meet on request of the chairman or any three 
members of the committee. Any such meeting requested shall be con- 
vened on or within the fifth business day following such request. All 
such requests shall be in writing and forwarded to the chairman and each 
member of the committee. 

Funds shall be allocated from the budget to carry out the determina- 
tion of the committee. 

[Adopted Jan. 11, 1985; Amended Jan. 16, 1985; Jan. 12, 1987; Jan. 9, 
1991.] 

17D. [Omitted Jan. 26, 2005.] 

17E. [Omitted Jan. 26, 2005.] 

17F. [Omitted Jan. 26, 2005.] 

18. The Speaker shall appoint, and may recommend the removal of, 
the Majority Floor Leader, Assistant Majority Floor Leader, and Second 
Assistant Majority Floor Leader. The Minority Leader shall appoint, and 
may recommend the removal of, the Assistant Minority Floor Leader. 
Second Assistant Minority Floor Leader, and Third Assistant Minority 
Floor Leader. The Minority Leader shall be that member of the minority 
party who is selected for that position by the members of his/her party. 



534 Rules of the 



Each of the foregoing appointments and/or removals shall be ratified 
by a majority vote of the respective party caucus. In the event that an 
appointment is rejected by such caucus another appointment shall be 
made by the person designated to make the initial appointment, which 
shall also be subject to ratification in the same manner. 

The Speaker shall appoint, and may recommend the removal of, the 
chair of each standing committee. The Speaker shall appoint, and may 
recommend the removal of, the vice chair and assistant vice chair of the 
Ways and Means committee and the vice chair of the Post Audit and 
Oversight committee. 

The majority party shall then vote to accept or reject each such 
appointment and/or recommendation for removal by a majority vote. 

In the event that any such appointment is rejected by the caucus, the 
procedure of this rule shall be repeated until an appointment for the said 
position has been approved by the caucus. A vacancy in any position to 
which the provisions of this section apply shall be filled in the same 
manner as provided in this section for original appointment. 

[Amended Jan. 16, 1979; Nov. 17, 1983; Jan. 11, 1985; Jan. 9, 1991; 
Jan. 14, 1997.] 

18A. There shall be one member of the minority party on all com- 
mittees of conference and one on the committee on Bills in the Third 
Reading. On all other standing and joint committees, the percent of 
minority party membership shall be at least equal to the percent of 
minority party membership in the House of Representatives as of the 
first day of the session, provided however that the minority party shall 
under no circumstances have less than four members on the committee 
on Ethics, four on the committee on Personnel and Administration, three 
on the committee on Rules and six on the committee on Ways and 
Means. Where such percentage results in a fraction of a number, the frac- 
tion shall be rounded off to the nearest whole. In no case shall minority 
party representation be less than two members on all other standing and 
joint committees. 

The Speaker and the Minority Leader shall appoint the members of 
their respective party caucuses to be assigned to each standing com- 
mittee. The Speaker shall appoint the vice chair of each standing com- 
mittee. The appointments, except those to which Rule 18 applies, shall 
be voted upon together and shall be subject to ratification by majority 
vote of the appropriate party caucus. 

No member shall be removed from a standing committee except 
upon the recommendation of the Speaker or Minority Leader, as the case 
may be, subject to the ratification by their respective caucuses; provided, 
however if any vacancy occurs in a position to which Rule 18 does not 



House of Representatives. 535 



apply, subsequent to the initial ratification, the Speaker or Minority 
Leader shall fill such vacancy. 

The Speaker shall announce committee appointments of majority 
party members, and the member first named shall be chairman, and 
the second named member shall be vice-chairman. The Minority 
Leader shall announce committee appointments of minority party mem- 
bers. (13.) 

[Adopted Jan. 11, 1985; Amended Jan. 12, 1987; Jan. 9, 1991; 
Jan. 14. 1997.] 

18B. All votes on ratification by the caucus required by these rules 
shall be by written ballot and shall require a majority of those present 
and voting. 

[Adopted Jan. 11, 1985.] 

19. A majority and minority party caucus may be called by the 
Speaker or Minority Leader, respectively, or upon petition of twenty-five 
percent of the members of the respective party caucus. A caucus may 
entertain resolutions, motions, or other means of ascertaining the sense 
of the respective party members on any subject.(13B.) 

[Adopted Nov. 17, 1983; Amended Jan. 11, 1985.] 

19A. The majority party and minority party shall establish caucus 
rules that shall dictate the procedures of each caucus. 
[Adopted Nov. 17, 1983; Amended Jan. 14, 1997.] 

20. The committee on Ways and Means shall report in appropriation 
bills the total amount appropriated. The General Appropriation Bill shall 
be available to the members at least seven calendar days prior to consid- 
eration thereof by the House. [25.] (27A.) 

[Amended Jan. 11, 1985; Mar. 24, 1986; Jan. 14, 1997; Jan. 26, 
2005.] 

20A. Notwithstanding the provisions of Rule 33A, amendments to 
the General Appropriation Bill shall be filed with the Clerk of the House 
in a format to be determined by the Clerk by five o'clock P.M. within the 
close of three business days of said General Appropriation bill being 
made available in a format to be determined by the Clerk and release of 
said document by said Clerk if the release of said document occurs by 
two o'clock P.M. Otherwise, the day following the release shall be con- 
sidered the first business day. The Clerk, with the assistance of the com- 
mittee on Ways and Means, shall categorize the subject-matter of the 
amendments and arrange such amendments for consideration sequen- 



536 Rules of the 



tially by subject as appearing in the printed version of the General 
Appropriation Bill, or the Clerk, with the assistance of the committee on 
Ways and Means, shall categorize the subject-matter of the amendments 
and arrange such subject matters for consideration as determined by the 
committee on Ways and Means. Debate on the General Appropriation 
Bill shall not commence until a date and time to be determined by the 
House which is subsequent to the designated time established for filing 
of amendments. 

Before the main question on the General Appropriation Bill is placed 
before the House, an amendment may be postponed or withdrawn at the 
request of the primary sponsor of the amendment or postponed by the 
committee on Ways and Means; provided that further consideration of 
any amendment so postponed shall take place immediately subsequent to 
consideration of the amendments within the particular subject-matter to 
which the postponed amendment was assigned according to the provi- 
sions of paragraph one of said rule; provided that if more than one 
amendment is so postponed, subsequent consideration of said amend- 
ments shall be in the order determined by the committee on Ways and 
Means; provided further, an amendment so postponed shall not be subse- 
quently considered outside of its assigned subject-matter; and provided 
further, that notwithstanding the provisions of Rule 33A, amendments 
submitted to the Clerk shall be in a format to be determined by said 
Clerk and shall include an original copy only; and provided further that 
perfecting or substitute amendments, including, but not limited to an 
amendment consolidating more than one amendment, may be submitted 
by the committee on Ways and Means during consideration of the sub- 
ject category to which the amendment or amendments were assigned; 
provided, however, that an amendment may be removed from the consol- 
idated amendment at the request of the sponsor of said amendment for 
the purpose of it being offered as a further amendment to the consoli- 
dated amendment. 

[Adopted Jan. 24, 2001; Amended Jan. 9, 2003; Jan. 26, 2005.] 

20B. When the General Appropriation Bill is reported by the com- 
mittee on Ways and Means it shall be made available in a format to be 
determined by the Clerk. The committee on Ways and Means shall pro- 
vide the membership with a copy of its proposed text of said General 
Appropriation Bill, and an executive summary which shall include a list 
of outside sections, and a short summary of each outside section prior to 
full House consideration of such bill. When the House considers said 
General Appropriation Bill, it shall be read a second time and forthwith 
ordered to a third reading without any amendments. The bill shall be 



House of Representatives. 537 



immediately read a third time and then be open to amendments as previ- 
ously determined by the House. 
[Adopted Jan. 9, 2003.] 

21. Whenever the committee on Ways and Means reports an appro- 
priation bill or capital outlay bill, it shall make available to the members 
a report which includes an explanation of any increase or decrease of 
five percent or more which results in an increase or decrease of one mil- 
lion dollars or more for any item for which the Governor has made a rec- 
ommendation, and an explanation for the deletion of an item 
recommended by the Governor, and for the addition of an item for which 
the Governor has made no recommendation. [25A.] (27A.) 

22. Bills and resolves when ordered to a third reading shall be 
referred forthwith to the committee on Bills in the Third Reading, which 
shall examine and correct them, for the purpose of avoiding repetitions 
and unconstitutional provisions, and insuring accuracy in the text and 
references, and consistency with the language of existing statutes; but 
any change in the sense or legal effect, or any material change in con- 
struction, shall be reported to the House as an amendment. 

The committee may consolidate into one bill any two or more related 
bills referred to it, whenever legislation may be simplified thereby. 

Resolutions received from and adopted by the Senate or introduced 
or reported into the House, after they are read and before they are 
adopted, shall be referred to the committee on Bills in the Third Reading. 

Amendments of bills, resolves and resolutions adopted by the Senate 
and sent to the House for concurrence, shall, subsequently to the proce- 
dure required by rule thirty-five in respect to amendments, also be 
referred, in like manner, to the committee on Bills in the Third Reading. 

When a bill, resolve or resolution has been so referred, no further 
action shall be taken until report thereon has been made by the com- 
mittee. Accompanying said report shall be a written explanation prepared 
by the committee defining any changes made in a bill, resolve or resolu- 
tion so as to facilitate the proceedings of the House. 

If a bill or resolve referred to the committee on Bills in the Third 
Reading requires a two-thirds vote because it contains an emergency pre- 
amble, or if it provides for the borrowing of money by the Common- 
wealth and comes within the provisions of Section 3 of Article LXII of 
the Amendments to the Constitution, or provides for the giving, loaning 
or pledging of the credit of the Commonwealth and comes within the 
provisions of Section 1 of Article LXII (as amended by Article LXXXIV) 
of the Amendments to the Constitution, or provides, upon recommenda- 



538 Rules of the 



tion of the Governor, for a special law relating to an individual city or 
town and comes within the provisions of clause (2) of Section 8 of 
Article LXXXIX of the Amendments to the Constitution or provides for 
environmental protection within the provisions of Article XLIX as 
amended by Article XCVII, the committee shall plainly indicate the fact 
on the outside of the bill or resolve, or on a wrapper or label attached 
thereto. [26.] (33.) 

[Amended Jan. 12, 1983; Jan. 11, 1985; May 5, 1993.] 

23. Bills and resolves prepared for final passage shall be certified by 
the Clerk of the House, after comparison, to be the same as the bills or 
resolves passed to be engrossed; and if found to be properly prepared, 
the Clerk shall so endorse on the envelope thereof; and the question on 
enactment or final passage or adopting an emergency preamble shall be 
taken thereon, without further reading, unless specifically ordered. 

When a bill or resolve prepared for final passage contains an emer- 
gency preamble or when it provides for the borrowing of money by the 
Commonwealth and comes within the provisions of Section 3 of Article 
LXII of the Amendments to the Constitution, or provides for the giving, 
loaning or pledging of the credit of the Commonwealth and comes within 
the provisions of Section 1 of Article LXII (as amended by Article 
LXXXIV) of the Amendments to the Constitution, or provides, upon rec- 
ommendation of the Governor, for a special law relating to an individual 
city or town and comes within the provisions of clause (2) of Section 8 
of Article LXXXIX of the Amendments to the Constitution, or provides 
for environmental protection within the provisions of Article XLIX as 
amended by Article XCVII, the Clerk shall plainly indicate the fact on 
the envelope thereof. [27.] (34.) [See Rule 40.] 

[Amended Jan. 12, 1983.] 

23A. No member of the House, except the Speaker, Speaker pro tem- 
pore, Majority Leader, Assistant Majority Leader, Second Assistant 
Majority Leader, Minority Leader, Assistant Minority Leader, Second 
Assistant Minority Leader, Third Assistant Minority Leader and com- 
mittee chairmen with respect to committee business, shall receive privi- 
leges or compensation greater than any other member for postage. 

[Adopted Jan. 11, 1985; Amended Jan. 24, 2001; Jan. 26, 2005.] 

24. (1) Petitions, recommendations and reports of state officials, 
departments, commissions and boards, and reports of special committees 
and commissions, shall be filed with the Clerk in a format to be deter- 
mined by said Clerk, who shall, unless they be subject to other provi- 
sions of these rules or the rules of the two branches, refer them, with the 



House of Representatives. 539 



approval of the Speaker, to the appropriate committees, subject to such 
change of reference as the House may make. The reading of all such doc- 
uments may be dispensed with, but they shall be entered in the Journal of 
the same or the next legislative day after such reference except as pro- 
vided in joint rule thirteen. 

(2) All orders, including motions or orders proposed for joint adop- 
tion, resolutions and other papers intended for presentation, except those 
hereinbefore mentioned, shall be filed with the Clerk in a format to be 
determined by said Clerk, who shall, prior to the procedure required by 
other provisions of these rules or of the rules of the two branches, refer 
them to the committee on Rules. 

(3) Petitions and other papers so filed which are subject to the provi- 
sions of joint rule seven A, seven B, or nine, shall be referred by the 
Clerk to the committee on Rules. Petitions and other papers so filed, 
which are subject to the provisions of the second paragraph of Joint 
Rule 12, shall, prior to the procedure required by said rule, be referred by 
the Clerk to the committee on Rules. The reading of all such papers may 
be dispensed with, but they shall be entered in the Journal of the same or 
the next legislative day after such reference. 

(4) Matters which have been placed on file during the preceding year 
may be taken from the files by the Clerk upon request of any member or 
member-elect; and matters so taken from the files shall be referred or 
otherwise disposed of as provided above. 

(5) Recommendations and special reports of state officials, depart- 
ments, commissions and boards, reports of special committees and com- 
missions, bills and resolves accompanying petitions, recommendations 
and reports, and resolutions shall be made available under the direction 
of the Clerk, who may cause to be made available, with the approval of 
the Speaker, any other documents filed as herein provided. 

(6) All such legislation and reports filed with the Clerk shall be sub- 
mitted in a format prescribed by said Clerk. Said documents shall contain 
the name or names of the primary sponsors and a list of the names of all 
petitioners praying for the legislation. Additional names may be added to 
the list of the petitioners; provided, however, that, such additional names 
shall be submitted in a format to be determined by the Clerk. 

(7) Any petition so submitted that is a refile of a measure submitted 
in a previous session shall include, in the appropriate space provided, the 
session year for which the measure was filed and the House or Senate 
bill number or docket number assigned to such measure in such previous 
session. 

(8) Debate upon the suspension of this rule shall be limited to ten 
minutes, three minutes for each member, and the Speaker shall recognize 
the member presenting the order, resolution or petition first; provided, 



540 Rules of the 



however, that suspension of this rule shall require unanimous consent of 
the members present. Any order, except such order that would amend the 
Rules of the House, resolution or petition referred to the committee on 
Rules after the question of suspension of this rule has been negatived, or 
any order, resolution or petition filed after the beginning of the session 
and referred to the committee on Rules, shall not be discharged from said 
committee except by unanimous consent of the House. Motions to dis- 
charge the committee on Rules shall be subject to the provisions of para- 
graph 2 of Rule 28. [28.] (20.) [See Rules 36 and 85.] 

[Amended April 27, 1981; Jan. 9, 1989; Jan. 9, 1991; Jan. 26, 2005.] 

25. Every petition for legislation shall be accompanied by a bill or 
resolve embodying the legislation prayed for. [29.] [See Joint Rule 12.] 

26. When the object of an application can be secured without a spe- 
cial act under existing laws, or, without detriment to the public interests, 
by a general law, the committee to which the matter is referred shall 
report such general law or ought not to pass, as the case may be. The 
committee may report a special law on matters referred to it upon (1) a 
petition filed or approved by the voters of a city or town, or the mayor 
and city council, or other legislative body, of a city, or the town meeting 
of a town, with respect to a law relating to that city or town; (2) a recom- 
mendation by the Governor; and (3) matters relating to erecting and con- 
stituting metropolitan or regional entities, embracing any two or more 
cities and towns, or established with other than existing city or town 
boundaries, for any general or special public purpose or purposes. [30.] 
(16.) [See Joint Rule 7.] 

27. With the exception of matters referred to the committee on Rules 
under the provisions of paragraph (3) of rule twenty-four, committees 
shall report on all matters referred to them. The committee on Ways and 
Means shall report the General Appropriation Bill not later than the 
second Wednesday of May; and provided further that said committee 
shall make available to the members all data compiled for justification of 
budgetary recommendations in all appropriation bills. [33.] 

[Amended April 18, 1979; Jan. 14, 1997.] 

27A. A committee reporting a matter which contemplates legislation, 
may insert a clear and explicit statement in such report which states the 
legislative intent and purpose of the legislation. 

[Adopted Jan. 11, 1985.] 



House of Representatives. 541 



28. (1) Motions directing the committee on Ways and Means to 
report certain matters to the House, or motions discharging said commit- 
tees from further consideration of certain matters, shall not be considered 
until the expiration of seven calendar days and shall require a majority 
vote of the members present and voting for adoption. Committees so 
directed to report shall file a report with the Clerk within four legislative 
days. The committee on Ways and Means may not be directed to report 
or be discharged from further consideration of any appropriation or cap- 
ital outlay measure. 

(2) The committee on Rules, except as provided in Rule 24, and the 
committee on Bills in the Third Reading shall not be discharged from 
consideration of any measure or be directed to report on any measure 
within ten calendar days of its reference without the unanimous consent 
of the House, or after such ten day period except by a vote of a majority 
of the members present and voting thereon. 

(3) Matters discharged under the provisions of this rule shall be 
placed in the Orders of the Day for the next sitting. Petitions discharged 
under the provisions of this rule shall be considered as favorably 
reported and the bill, resolve, resolution or order accompanying such 
petitions shall be placed in the Orders of the Day for the next sitting. 

(4) During the last week of the session the provisions of paragraphs 
(1) and (3) of this rule shall be inoperative. 

(5) A second motion to discharge a matter from a committee or a 
second motion to direct a committee to report a matter shall not be enter- 
tained until the first such motion has been disposed of. 

(6) As an alternative procedure to that provided under the provisions 
of this rule, the members of the House may, by filing a petition signed 
by a majority of the members elected to the House, discharge the House 
committee on Ways and Means, the House committee on Bills in the 
Third Reading, and the House committee on Rules from further consid- 
eration of a legislative matter. Seven days following the filing of the 
petition with the House Clerk, the committee shall be discharged from 
further consideration of the legislative matter specified in the petition 
and the House Clerk shall place the matter in the Orders of the Day for 
the next calendar day that the House is meeting. 

(7) For the purpose of this rule, matters not appearing on the Cal- 
endar which are not before any committee shall be deemed to be before 
the Rules committee. Notwithstanding the previous sentence, a bill 
which has been engrossed by the House and Senate, shall be placed 
before the House for enactment. Any member may request that a matter, 
engrossed in the House and Senate, be placed before the House for 
enactment. The Speaker shall, in response to such a request of a member, 



542 Rules of the 



put the matter before the House at the conclusion of the matter then 
pending. 

(8) This rule shall not be suspended unless by unanimous consent of 
the members present. (27C, 32A.) 

[Amended Jan. 12, 1981; April 27, 1981; Jan. 12, 1983; Nov. 17, 
1983; Jan. 11, 1985; Jan. 9, 1989; Jan. 9, 1991; Jan. 24, 2001; Jan. 9, 
2003; Jan. 26, 2005.] 

28A. The committee on Bills in the Third Reading shall report on a 
legislative matter not later than forty-five days following the day the 
matter was referred to it. The Clerk shall indicate on the Calendar entry 
of every matter before the Committee on Bills in the Third Reading the 
date that said matter was referred to said committee. 

[Adopted Jan. 11, 1985; Amended Jan. 9, 2003.] 

REGULAR COURSE OF PROCEEDINGS. 

Petitions. 

29. The member presenting a petition shall endorse his/her name 
thereon; and the reading thereof shall be dispensed with, unless specially 
ordered. [37.] (18.) 

[Amended Jan. 11, 1985.] 

Motions Contemplating Legislation, etc. 

30. All motions contemplating legislation shall be founded upon 
petition, except as follows: 

The committee on Ways and Means may originate and report appro- 
priation bills as provided in rule twenty. Messages from the Governor 
shall, unless otherwise ordered, be referred to the appropriate committee, 
which may report by bill or otherwise thereon. A similar disposition 
shall, unless otherwise ordered, be made of reports by state officers and 
committees authorized to report to the Legislature, and similar action 
may be had thereon. 

Messages from the Governor returning appropriation bills, or parts 
of appropriation bills, with objections or reductions of sections or items 
thereof, shall be reconsidered subsequent to a report of the committee on 
Ways and Means. [40.] (19.) 

[Amended Jan. 24,2001.] 

Bills and Resolves. 

31. Bills shall be drafted in a format approved by the Counsel to the 
House and submitted in a format to be determined by the Clerk. Bills 



House of Representatives. 543 



amending existing laws shall not provide for striking words from, or 
inserting words in, such laws, unless such course is best calculated to 
show clearly the subject and nature of the amendment. No repealed law, 
and no part of any repealed law, shall be re-enacted by reference merely. 
[42.] (17.) 

[Amended Jan. 9, 2003; Jan. 26, 2005.] 

32. If a committee to which a bill is referred reports that the same 
ought not to pass, the question shall be "Shall this bill be rejected?". If 
the question on rejection is negatived, the bill, if it has been read but 
once, shall go to a second reading without question; otherwise it shall be 
placed in the Orders of the Day for the next day, pending the question on 
ordering to a third reading, or to engrossment, as the case may be. [43.] 
(30.) 

32A. [Omitted Jan. 26, 2005.] 

33. Bills involving an expenditure of public money or grant of public 
property, or otherwise affecting the state finances, unless the subject 
matter has been acted upon by the joint committee on Ways and Means, 
shall, after their first reading, be referred to the committee on Ways and 
Means, for report on their relation to the finances of the Commonwealth. 

New provisions shall not be added to such bills by the committee on 
Ways and Means, unless directly connected with the financial features 
thereof. 

Orders reported in the House or received from the Senate involving 
the expenditure of public money for special committees, shall, before the 
question is taken on the adoption thereof, be referred to the committee on 
Ways and Means, whose duty it shall be to report on their relation to the 
finances of the Commonwealth. 

Every such bill involving a capital expenditure for new projects, or 
an appropriation for repairs, or any legislation, the cost of which, in the 
opinion of the committee, exceeds the sum of one hundred thousand dol- 
lars when reported into the House by the committee on Ways and Means, 
shall be accompanied by a fiscal note indicating the amount of public 
money which will be required to be expended to carry out the provi- 
sions of the proposed legislation, together with an estimate of the cost of 
operation and maintenance for the first year if a new project is involved. 
[44.] (27.) 

[Amended April 18, 1979; Jan. 12, 1981; Jul. 17, 2003; Jan. 26, 
2005.] 

33A. Copies of all bills shall be available, in a format to be deter- 
mined by the Clerk, to all members of the House and the public at least 
twenty-four hours in advance of consideration by the House. 



544 Rules of the 



All amendments offered by members to any legislative matter in the 
House shall be submitted in a format to be determined by the Clerk; and 
shall be considered chronologically as submitted to the Clerk, except for 
an amendment in the second degree; provided that all of said amend- 
ments shall be double spaced and drafted in proper form; and provided 
further that there shall be available to the members a duplicate copy of 
each amendment. (33A.) 

[Adopted Nov. 17, 1983; Amended Nov. 28, 1984; Jan. 12, 1987; 
Jan. 9, 1991; Jan. 17, 19951; Jan. 9, 2003; Jan. 26, 2005.] 

33B. [Omitted Jan. 26, 2005.] 

33C. [Omitted Jan. 26, 2005.] 

33D. [Omitted Jan. 26, 2005.] 

34. Bills from the Senate, after their first reading, shall be referred to 
a committee of the House. [45.] (26.) 

[Amended Jan. 26, 1999.] 

35. Amendments proposed by the Senate, and sent back to the House 
for concurrence, shall be referred to the committee which reported the 
measure proposed to be amended, unless such committee is composed of 
members of both branches, in which case such amendments shall be 
placed in the Orders of the Day for the next day; provided, that amend- 
ments affecting state finances shall be referred to the committee on Ways 
and Means on the part of the House. [46.] (36.) 

[Amended April 18, 1979; Jan. 12, 1981; Jan. 26, 2005.] 

36. No bill shall be proposed or introduced unless received from the 
Senate, reported by a committee, or moved as an amendment to the 
report of a committee. [47.] (36.) 

37. Bills, resolves and other papers that have been, or, under the 
rules or usage of the House, are to be made available in a format to be 
determined by the Clerk, shall be read by their titles only, unless the full 
reading is requested by vote of a majority of those members present and 
voting. 

[Amended Jan. 9, 2003.] [48.] (29.) 

38. When a bill, resolve, order, petition or memorial has been finally 
rejected or disposed of by the House, no measure substantially the same 
shall be introduced by any committee or member during the same ses- 
sion. This rule shall not be suspended unless by unanimous consent of 
the members present. [49.] (54.) 



House of Representatives. 545 



39. No bill shall be passed to be engrossed without having been read 
on three separate legislative days. [51.] (28.) 

[Amended Jan. 11, 1985.] 

40. No engrossed bill shall be amended, except by striking out the 
enacting clause. A motion to strike out the enacting clause of a bill shall 
be received when the bill is before the House for enactment. This rule 
shall not apply to a bill or resolve returned by the Governor with a rec- 
ommendation of amendment in accordance with the provisions of Article 
LVI of the Amendments to the Constitution; nor shall it apply to amend- 
ments of engrossed bills proposed by the Senate and sent to the House 
for concurrence, which amendments shall be subject to the provisions of 
rule thirty-five. [53.] (49.) 

41. Bills received from the Senate and bills reported favorably by 
committees, when not referred to another standing committee of the 
House, shall, prior to being placed in the Orders of the Day, be referred 
to the committee on Steering, Policy and Scheduling. Resolutions 
received from and adopted by the Senate, or reported in the House by 
committees, shall, if proposed for joint adoption, be referred to said com- 
mittee on Steering, Policy and Scheduling. [56.] (26.) 

[Amended Jan. 14, 1997; Jan. 26, 1999.] 

42. Reports of committees, not by bill or resolve, including orders if 
proposed for joint adoption, after they are received from the Senate, or 
made in the House, as the case may be, shall, unless subject to the provi- 
sions of any other House or joint rules, be referred to the committee on 
Steering, Policy and Scheduling; provided that the report of a committee 
asking to be discharged from further consideration of a subject, and rec- 
ommending that it be referred or recommitted to another committee, or a 
report of a committee recommending that a matter be placed on file, 
shall be immediately considered. Reports of committees on proposals for 
amendments to the Constitution shall be dealt with in accordance with 
the provisions of joint rule twenty-three. [57.] (36.) 

[Amended Jan. 14, 1997.] 

42A. The Clerk shall, prior to three o'clock P.M., on the day pre- 
ceding a session, make available by electronic communication or other 
means, a list of all reports of the committee on Steering, Policy 
and Scheduling, asking to be discharged from further consideration 
of subjects, and recommending that the subjects be referred to other 
committees. 

[Adopted Jan. 26, 2005.] 



546 Rules of the 



43. Bills ordered to a third reading shall be placed in the Orders of 
the Day for the next day for such reading. [58.] (32.) 

Special Rules Affecting the Course of Proceedings. 

44. The Speaker may designate when an informal session of the 
House shall be held provided said Speaker gives notice of such informal 
session at a prior session of the House. The Speaker may, in cases of 
emergency, cancel a session or declare any session of the House to be an 
informal session. At such session the House shall only consider reports 
of committees, papers from the Senate, bills for enactment or resolves 
for final passage, bills containing emergency preambles and the matters 
in the Orders of the Day. Motions to reconsider moved at such informal 
session shall be placed in the Orders of the Day for the succeeding day, 
and no new business shall be entertained, except by unanimous consent. 

Formal debate, or the taking of the sense of the House by yeas and 
nays shall not be conducted during such informal session. 

Upon the receipt of a petition signed by at least a majority of the 
members elected to the House, so requesting, the Speaker shall, when the 
House is meeting in formal session under the provisions of Joint Rule 
12 A, designate a formal session, to be held within seven days of said 
receipt, for the purpose of considering the question of passage of a bill, 
notwithstanding the objections of the Governor, returned pursuant to 
Article 2, Section 1, Clause 1, Part 2 of the Massachusetts Constitution. 
This rule shall not be suspended unless by unanimous consent of the 
members present. [59.] (5A.) 

[Amended Jan. 11, 1985; Jan. 12, 1987; Jan. 17, 1995; Jan. 14, 1997; 
Jan. 24, 2001; Jan. 9, 2003.] 

45. After entering upon the consideration of the Orders of the Day, 
the House shall proceed with them in regular course as follows: Matters 
not giving rise to a motion or debate shall first be disposed of in the 
order in which they stand in the Calendar; after which the matters that 
were passed over shall be considered in like order and disposed of. The 
provisions of this paragraph shall not be suspended unless by unanimous 
consent of the members present. 

Notwithstanding the provisions of this rule, during consideration of 
the Orders of the Day, the committee on Ways and Means and the com- 
mittee on Bills in the Third Reading may present matters for considera- 
tion of the House after approval of two-thirds of the members present 
and voting, without debate. [59.] (37.) [See Rule 47.] 

[Amended Jan. 12, 1981; Jan. 12, 1983.] 



House of Representatives. 547 



46. When the House does not finish the consideration of the Orders 
of the Day, those which had not been acted upon shall be the Orders of 
the Day for the next and each succeeding day until disposed of, and shall 
be entered in the Calendar, without change in their order, to precede mat- 
ters added under Rule seven A; provided, however, that all other matters 
shall be listed in numerical order by Calendar item. 

The unfinished business in which the House was engaged at the time 
of adjournment shall have the preference in the Orders of the Day for the 
next day. [60.] (35.) 

[Amended Jan. 12, 1987; Jan. 26, 1999.] 

47. No matter which has been duly placed in the Orders of the Day 
shall be discharged therefrom, or considered out of the regular course. 
[61.] (38.) [See Rule 45.] 

Voting. 

48. Members desiring to be excused from voting shall make applica- 
tion to that effect before the division of the House or the taking of the 
yeas and nays is begun. Such application may be accompanied by a brief 
statement of reasons by the member making it, but shall be decided 
without debate, and shall not be subject to the provisions of rule fifty- 
two. [64.] (57.) 

49. If the presence of a quorum is doubted, a count of the House 
shall be made. When a yea and nay vote is taken, the members, with the 
exception of the Speaker, shall vote only from their seats. A member 
who has been appointed by the Speaker to perform the duties of the 
Chair, or a person who has been elected Speaker pro tempore, may des- 
ignate some member or a court officer to cast a vote for him/her on any 
vote taken on the electronic voting machine while such member is pre- 
siding. Said designated member performing the duties of the Chair, or 
Speaker pro tempore, may, if the Speaker is in the State House, cast the 
vote for the Speaker. The Speaker shall state the pending question before 
opening the machine for voting. 

Except in the case of a vote to ascertain the presence of a quorum, if 
a member is prevented from voting personally on the voting machine at 
his/her assigned seat because of physical disability, said member shall, if 
present in the State House, be excused from so voting and the Speaker 
shall assign a court officer to cast said member's vote so long as said 
physical disability continues; provided that the Speaker shall announce 
the action of the Chair to the membership prior to assigning a court 
officer to cast the member's vote and provided further that the Speaker 



548 Rules of the 



shall announce the action to the membership the first time a vote is cast 
for that member on each successive day. [65.] 

[Amended April 18, 1979; Jan. 12, 1987; Jan. 9, 1991; Jan. 9, 2003.] 

50. When a question is put, the sense of the House shall be taken by 
the voices of the members, and the Speaker shall first announce the vote 
as it appears to said Speaker by the sound. If the Speaker is unable to 
decide by the sound of the voices, or if the announcement made there- 
upon is doubted by a member rising in his/her place for that purpose, the 
Speaker shall order a division of the number voting in the affirmative 
and in the negative, without further debate upon the question. [66.] (55.) 

[Amended Jan. 11, 1985.] 

51. When a return by division of the members voting in the affirma- 
tive and in the negative is ordered, the members for or against the ques- 
tion, when called on by the Speaker, shall rise in their places, and stand 
until they are counted. If, upon the taking of such a vote, the presence of 
a quorum is doubted, a count of the House shall be had, and if a quorum 
is present the vote shall stand. [67.] 

52. The sense of the House shall be taken by yeas and nays whenever 
required by ten percent of the members elected. The Speaker shall, after 
waiting up to an interval of twelve minutes, state the pending question 
and, after opening the electronic voting machine, instruct the members to 
vote for not less than two minutes and no more than twenty-two minutes, 
the Speaker shall close said, machine and cause totals to be displayed 
and a record made of how each member present voted. 

Any member desiring to be recorded as being "present" when a yea 
and nay vote is taken on the roll call machine shall so notify the Clerk in 
person after said vote is ordered and before the vote is announced. 

In the event the voting machine is not in operating order, the roll of 
the House shall be called in alphabetical order but however said vote 
may be taken no member shall be allowed to vote or to answer "present" 
who was not on The floor before the vote is declared; provided, however, 
that a member, who was in the State House on a previous roll call, may 
be recorded by reporting to the Clerk within five minutes after such vote 
is closed, unless objection is made thereto and it is seconded; and pro- 
vided further that the presiding officer shall not, for said purpose, inter- 
rupt the member who is speaking on the floor. The Speaker shall not 
entertain any requests beyond said five minute period. Once the voting 
has begun it shall not be interrupted except for the purpose of ques- 
tioning the validity of a member's vote before the result is announced. 
Except as heretofore provided, any member who shall vote or attempt to 



House of Representatives. 549 



vote for another member or any person not a member who votes or 
attempts to vote for a member, or any member or other person who will- 
fully tampers with or attempts to impair or destroy in any manner what- 
soever the voting equipment used by the House, or change the records 
thereon shall be punished in such manner as the House determines. [68.] 
(56, 57.) 

[Amended Jan. 12, 1983; Jan. 11, 1985; Jan. 12, 1987; Jan. 9, 1991; 
Jan. 24, 2001; Jan. 9, 2003; Jan. 26, 2005.] 

53. The call for yeas and nays shall be decided without debate. If the 
yeas and nays have been ordered before the question is put, the proceed- 
ings under rules fifty and fifty-one relative to verification of the vote by 
the voices of the members or by a return of divisions shall be omitted; if 
not, they may be called for in lieu of a return by divisions when the 
Speaker's announcement is doubted by a member rising in his/her place, 
and, if then ordered, the proceedings under rules fifty and fifty-one shall 
be omitted. [69.] (52.) 

[Amended Jan. 26, 1999.] 

Reconsideration. 

54. No motion to reconsider a vote shall be entertained unless it is 
made on the same day on which the vote was taken, or before the Orders 
of the Day have been taken up on the next day thereafter on which a 
quorum is present. If reconsideration is moved on the same day, the 
motion shall (if made prior to July first) be placed first in the Orders of 
the Day for the succeeding day; but, if it is moved on the succeeding 
day. the motion shall be considered forthwith except that if said motion 
is moved on a day on which an informal session has been designated, it 
shall be placed in the Orders of the Day for the succeeding day. If recon- 
sideration is moved on July first, and thereafter, on any main question, it 
shall be considered forthwith. This rule shall not prevent the reconsidera- 
tion of a vote on a subsidiary, incidental or dependent question at any 
time when the main question to which it relates is under consideration; 
and provided, further, that a motion to reconsider a vote on any sub- 
sidiary, incidental or dependent question shall not remove the main sub- 
ject under consideration from before the House, but shall be considered 
at the time when it is made. This rule shall not be suspended unless by 
unanimous consent of the members present. [70.] (53.) 

[Amended Jan. 12, 1981.] 

55. When a motion for reconsideration is decided, that decision shall 
not be reconsidered, and no question shall be twice reconsidered; nor 
shall any vote be reconsidered upon any of the following motions: 



550 Rules of the 



to recess, 
to adjourn, 

on sustaining a ruling of the Chair, 
to close debate at a specified time, 
to postpone if voted in the negative, 
to discharge or direct a committee to report, 
to commit or recommit, 
for second or subsequent legislative days, 
for the previous question, or 
for suspension of rules. 

This rule shall not be suspended unless by unanimous consent of the 
members present. [71.] (53.) 

[Amended Jan. 12, 1981; Jan. 12, 1983; Jan. 9, 1991.] 

56. Debate on motions to reconsider shall be limited to fifteen min- 
utes, and no member shall occupy more than three minutes, but on a 
motion to reconsider a vote upon any subsidiary or incidental question, 
debate shall be limited to ten minutes, and no member shall occupy more 
than three minutes. 

If the House has voted to close debate on any question, a motion to 
reconsider said question shall be decided without debate. [72.] (52.) 
[Amended Jan. 12, 1981; Jan. 12, 1987.] 

RULES OF DEBATE. 

57. Every member, when about to speak, shall rise and respectfully 
address the Speaker and shall confine himself/herself to the question 
under debate. [73.] (39.) 

[Amended Jan. 11, 1985.] 

58. Every member while speaking shall avoid personalities; and shall 
sit down when finished. No member shall speak out of his/her place 
without leave of the Speaker. [73.] (39.) 

When two or more members rise at the same time, the Speaker shall 
name the member entitled to the floor, preferring one who rises in his/her 
place to one who does not. [74.] (40.) 

[Amended Jan. 11, 1985.] 

59. If a member repeatedly violates any of the rules of the House, or 
disrupts the orderly procedure of the House, the Speaker, after warning 
the member of such violations, shall call the member to order, and order 
that said member take his/her seat. A member so called to order shall 
lose the right to speak on the pending subject-matter but shall not be 



House of Representatives. 551 



debarred from voting. A member so called to order shall remain seated 
until the House begins consideration of another subject-matter or unless 
the Speaker earlier returns to the member his/her rights to the floor. 

If a member so called to order refuses to immediately take his/her 
seat, the Speaker shall immediately name that member, who shall be 
escorted from the Chamber under escort of the Sergeant-at-Arms. The 
matter shall thereupon, on motion, be referred to a special committee of 
three to be appointed by the Speaker. Said special committee shall make 
a report to the House of its recommendations, which report shall be read 
and accepted. 

Having been named, a member shall not be allowed to resume 
his/her seat until said member has complied with the recommendations 
of the committee as accepted by the House. 

If, after a member is seated or named, the action of the Speaker is 
appealed, the House shall decide the case by a majority vote of the mem- 
bers present and voting, but if there is no immediate appeal, the decision 
of the Speaker shall be conclusive. 

[Amended Jan. 12, 1981; Jan. 11, 1985.] 

60. No member shall interrupt another while speaking except by 
rising to a point of order, to a question of personal privilege, to doubt the 
presence of a quorum, or to ask the person speaking to yield. 

Members may rise to explain matters personal to themselves by 
leave of the presiding officer, but shall not discuss pending questions in 
such explanations. 

Questions of personal privilege shall be limited to questions 
affecting the rights, reputation, and conduct of the member in his/her 
representative capacities. 

Members may rise to ask questions of parliamentary inquiry con- 
cerning the pending matter by leave of the presiding officer, but shall not 
debate the pending questions. [75.] (42.) 

[Amended Jan. 12, 1981.] 

61. No member shall speak more than once to the prevention of 
those who have not spoken and desire to speak on the same question. 

This prohibition shall not apply to those members designated by the 
committee or committees reporting the bill. 

No member shall occupy more than thirty minutes at a time while 
speaking on any question where debate is unlimited. 

Unless the operation of another rule provides to the contrary (such as 
previous question, limitation of debate, etc.), no member shall be prohibited 
from speaking more than once on any question when no other member who 
has not spoken is seeking recognition by the Chair. [76.] (41.) 



552 Rules of the 



Motions. 

62. Every motion shall be reduced to writing, if the Speaker so 
directs. [77.] (44.) 

63. A motion need not be seconded, except an appeal from the deci- 
sion of the Chair, and may be withdrawn by the mover if no objection is 
made. [78.] (44.) 

[Amended Jan. 12, 1981.] 

Limit of Debate. 

64. A motion to recess or adjourn shall always be first in order, and 
shall be decided without debate; and on the motions to close debate at a 
specified time, to postpone to a time certain, to commit or recommit, not 
exceeding ten minutes shall be allowed for debate, and no member shall 
speak more than three minutes. On the motion to discharge any com- 
mittee, or on a motion directing any committee to report matters before 
it, not exceeding fifteen minutes shall be allowed for debate, and no 
member shall speak more than three minutes. 

If the main motion is undebatable, any subsidiary or incidental 
motion made relating to it shall also be decided without debate. [79.] 
(52.) [See Rules 56 and 83.] 

[Amended Jan. 12, 1981.] 

64A. Debate on the question on adoption of orders for second and 
subsequent legislative days shall be limited to ten minutes, and no 
member shall speak more than three minutes. After entering into a 
second or subsequent legislative day, the House shall immediately pro- 
ceed to consideration of engrossed bills, reports of committees, papers 
from the Senate or the Orders of the Day. This rule shall not be sus- 
pended unless by unanimous consent of the members present. 

[Adopted Jan. 12, 1983.] 

65. When a question is before the House, until it is disposed of, the 
Speaker shall receive no motion that does not relate to the same, except 
the motion to recess or adjourn or some other motion that has precedence 
either by express rule of the House, or because it is privileged in its 
nature; and the Speaker shall receive no motion relating to the same, 
except, — 

for the previous question, See Rules 66, 67 and 68 

to close debate at a specified time, See Rules 64, 69 and 70 

to postpone to a time certain, See Rules 64 and 70 

to commit (or recommit), See Rules 64 and 71 

to amend, See Rules 72, 73, 74 and 75 



House of Representatives. 553 



— which several motions shall have precedence in the order in 
which they are arranged in this rule. [80.] (46.) 
[Amended Jan. 11, 1985.] 

Previous Question. 

66. Any member may call for the previous question on the main 
question. 

The previous question shall be put in the following form: "Shall the 
main question be now