such district shall have all the rights, in regard to representation, which would belong to a town containing the same number of inhabitants. increase. The number of inhabitants which shall entitle a town Basis of representation, to elect one representative, and the mean increasing num- and ratio of ber 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 onetenth 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 representatives 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. The governor and council to apportion the representatives once in every number of of each town ten years. be chosen from Provisions as to superseded by Art. XVI. Nine councillors shall be annually chosen from among Councillors to the people at large, on the first Wednesday of January, the people at or as soon thereafter as may be, by the joint ballot of the large senators and representatives, assembled in one room, who councillors shall, as soon as may be, in like manner, fill up any vacan- amendments, cies that may happen in the council, by death, resignation, or otherwise. No person shall be elected a councillor, who qualifications 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.] of councillors. qualification for court or council plurality of No possession of a freehold, or of any other estate, shall Freehold as a be required as a qualification for holding a seat in either a seat in general branch of the general court, or in the executive council. not required. ART. XIV. In all elections of civil officers by the Elections by the people of this commonwealth, whose election is provided people to be by for by the constitution, the person having the highest num- votes. ber of votes shall be deemed and declared to be elected. ART. XV. The meeting for the choice of governor, Time of annual lieutenant-governor, senators, and representatives, shall ernor and legis be held on the Tuesday next after the first Monday in November, annually; but in case of a failure to elect rep election of gov lature. Eight council lors to be chosen 122 Mass. 595, 598. district state. Eligibility defined. resentatives on that day, a second meeting shall be holden, for that purpose, on the fourth Monday of the same month of November. ART. XVI. Eight councillors shall be annually chosen by the people. by the inhabitants 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 Legislature to 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 death, removal from the state, or otherwise, shall be filled in like manner, as soon as may Organization of 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 representatives 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 Day and manner of election, etc. Vacancies, how filled. For new provision as to vacancies, see amendments, Art. XXV. the government. 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. urer, auditor, general by the filled. ART. XVII. The secretary, treasurer and receiver- Election of general, auditor, and attorney-general, shall be chosen secretary, treas. annually, on the day in November prescribed for the and attorney choice of governor; and each person then chosen as such, people. 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 Vacancies, how either of said officers on the day in November aforesaid, or in case of the decease, in the mean time, 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 receivergeneral, 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 To qualify offices aforesaid, shall neglect, for the space of ten days otherwise office after he could otherwise enter upon his duties, to qualify to be deemed himself in all respects to enter upon the discharge of such duties, the office to which he has been elected or appointed shall be deemed vacant. No person shall be eligible to Qualification either of said offices unless he shall have been an inhabitant of this commonwealth five years next preceding his election or appointment. within ten days, vacant. requisite. not to be ap ART. XVIII. All moneys raised by taxation in the school moneys towns and cities for the support of public schools, and plied for sectaall moneys which may be appropriated by the state for rian schools. the support of common schools, shall be applied to, and provision as to For original schools, see constitution, Part First, Art. III. 12 Allen, 500, 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 103 Mass. 94, 96. money is to be expended; and such moneys shall never be appropriated to any religious sect for the maintenance, exclusively, of its own school. 508. Legislature to prescribe for the election of sheriffs, regis ters of probate, etc. See amendments, Art. XXXVI. 8 Gray, 1. 13 Gray, 74. Reading constitution in English and writing, neces sary qualifica tions of voters. Proviso. For other quali 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. 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 amendments, sixty years of age or upwards at the time this amendment shall take effect. fications, see amendments, Art. III. See also amend ments, Art. XXIII., which was annulled by Art. XXVI. Census of legal voters and of inhabitants, when taken, etc. See P. S. c. 31. House of representatives to consist of 240 members. Legislature to apportion, etc. 10 Gray, 613. 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. 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 pur certify to off counties. division to be in August. pose, 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 common- Secretary shall wealth, to certify, as soon as may be after it is determined cers authorized by the legislature, the number of representatives to which to divide 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 Meeting for assignment of representatives to each county, assemble at first Tuesday a shire town of their respective counties, and proceed, as Proceedings. 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 Qualifications of his election, shall have been an inhabitant of the district 122 Mass. 595, for which he is chosen, and shall cease to represent such 598. district when he shall cease to be an inhabitant of the commonwealth. The districts in each county shall be Districts to be numbered by the board creating the same, and a descrip- described and tion 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 Quorum, see hundred members of the house of representatives shall Art. XXXIII. 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.] representatives. numbered, certified. amendments, See P. S. c. 31. ART. XXII. A census of the legal voters of each city Census, etc. and town, on the first day of May, shall be taken and |