xt72jm23f54w https://exploreuk.uky.edu/dips/xt72jm23f54w/data/mets.xml New Hampshire United States Works Progress Administration 1937 Other contributors include: Robert C. Lowe (Robert Chapin) and David S. Lander under the supervision of A. Ross Eckler; 5 pages, 27 cm; This bulletin is one of a series presenting state constitutional provisions affecting public welfare; Includes bibliographical references; UK holds archival copy for ASERL Collaborative Federal Depository Program libraries; Call number Y 3. W 89/2:36/N 42 h books English Washington D.C.: Works Progress Administration Contact the Special Collections Research Center for information regarding rights and use of this collection. Analysis of Constitutional Provisions Affecting Public Welfare in the State of New Hampshire text Analysis of Constitutional Provisions Affecting Public Welfare in the State of New Hampshire 1937 2015 true xt72jm23f54w section xt72jm23f54w • II--
_ ° I W O R K S P R O G R E S S A D M I N I S T R A T I O N
HARRY L. HOPKINS, ADMINISTRATOR
CORRINGTON GILL, ASSISTANT ADMINISTRATOR
HOWARD B. MYERS, DIRECTOR
• DIVISION OF SOCIAL RESEARCH
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ANALYSIS OF CONSTITUTIONAL PROVISIONS
AFFECTING PUBLIC WELFARE IN THE STATE OF
` ~NEW HAMPSHIRE
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PREPARED BY •
ROBERT C. L0wE AND DAVID S. LANDER
LEGAL RESEARCH SECTION
UNDER THE SUPERVISION OF
A. Ross ECKLER, COORDINATOR OF SPECIAL INQu1RnEs •
Dnvnsnou or SOCIAL RESEARCH
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Q PREFAcE
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This bulletin is one of a series presenting
• State constitutional provisions affecting public wel-
fare, preparedto supplement the StatelqrState digests
of public welfare laws so as to provide in abstract
form the basis for the public welfare services of the
several States.
• The provisions quoted are those concerned
directly with public welfare administration and such
  others as may substantially affect a public welfare
pr0gram,eventhough only indirectly related. It would
be impossible to consider within the limits of this
• study every remotely connected constitutional provi-
sion. The indirectly related provisions included,
~ therefore, have been restricted to those concerning
' · finance, legislation, and the methods of constitutional
w amendment.
l • An attempthasbeen made,bya careful selec-
— tion of the most recent cases decided by the highest
courts oftheStates, toindlcate wherever possible how
these provisions have been construed. These cases are
included in footnotes appended to the constitutional
· provisions shown.
· It is hoped. that these abstracts will be
useful to those interested hqpubllc welfare questions
in 1nd1cat1ngl1owState and.localpubl1c welfare admin-
istration may be affectedtqrconstitutional powers and
limitations.
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CONTENTS
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Page
Incidence of Responsibility for Welfare Program ........... . ...... 1
• Financial Powers and Limitations ................................. 2
Taxation and Assessments .................................... 2
EX€m`pt.lOI'lS.........•••.••...••.•............•·.•............ 4
. Borrowing and Use of Credit ................................. 4
Other Income ................. .. ............................. 4
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Appropriations and Expenditures ............................. 4
A · Provisions Affecting Legislation ................................. 4
Constitutional Amendment or Revision ................... . ......... 5
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• New Hampshire
ANALYSIS OF CONSTITUTIONAL PROVISIONS AFFECTING
. PUBLIC WELFARE IN NEW HAMPSHIRE1
' I. Incidence of Responsibility for Welfare Programz
A. Economy being a most essential virtue in all states, espe-
’ cially in a young one; no pension shall be granted, but in consideration
of actualservicesgand such pensions ought to be granted with great cau-
tion, by the legislature, and never for more than one year at a t1me.5
, 1Const1tut1on (1783), With 311 amendments to April 15, 1937, as published by the De-
partment of State in the New Hampshlre Manual for the General Court, (1937).
The Legislature of New Hampshire ls styled the General Court. Constitution,
_ Part II, Art. 3.
° Part II, Art. 75 ofthe‘Const1tut1on provides that ”each branch of the legislature
as well as the governor and councll shall have authorlty to require opinions of the
. Justices of the superior court upon lmportant questions of law and upon solemn occa-
s1ons.”
* 2”The valldlty of pauper acts has never been assalled. * * * It is true that a
v1ew may be taken Bhab public support of paupers is gratuitous. The agencies of the
state have no express constitutional duty to that end. The Legislature may or may
_ not arrange for the support aslt may please and any support furnished may be llmlted
· as ltmay see fit. But support of paupers has long been an accepted exercise of valid ,
authority under the police power in promotion of the general welfare. No one would
think of It as condemned by the Constitution because of some theory of gratuity in-
volved. The same argument may be applied to practically all Instances of support and
• ald furnished Incarrylng out a purpose or program Justlfled lnpursuance ofthe police
power. * * * In the avoidance and relief of pauperism the state acts for its own
benefit and welfare.' In re Opinion of the Justices, 85 N. H.562, 154 A. 217 (1931).
See footnote 3, below.
*Under the police power the state has authority to leglslate for the protection
. and preservatlon of the health, safety, morals, and general welfare of its c1t1zens.
It 1s peculiarly the province of the Legislature to determine what rules and regula-
tions are needed to achieve the above ends.* Chung Mee Restaurant Company vs. Healy,
• 86 N. H. 483, 171 A. 263, 264 (1934).
when the police power of the State is Invoked by legislative act for a proper
purpose, ”such a statute will not be declared unconstitutional merely because it re-
stricts some of the rights secured to lndlviduals by fundamental law. It will be
declared invalid only when the restrictlons thus imposed are found to be unreasonable.'
Dederlck vs. Smith, 184 A. 595, 599 (1936).
3Const1tut1on, Part I, Art. 36.
• In an advisory op1n1on the Supreme Court stated that if the term ”old age pen-
· 1 s1ons” means pensions, the right to which depends upon age alone, they are prohibited by
this section. Pensions can only be granted 1n return for services which are fairly
A describable as actual, not constructive or Imaginary. Nor in the case of allowable
” pensions can the Legislature atone session authorize the granting of a pension for
a year, and by another separate act authorize the granting of a like pension for an-
other year,1n spite of the fact that since the adoption of the Constitution the ses-
sions of the Legislature have been changed from annual to biennial. This provision
• was said to apply to the political subdivisions of the State as well as to the State
Government itself. In re Opinion of the Justices, 78 N. H. 617, 100 A. 49 (1917).
In a later advisory opinion theSupreme Courtstated thatwhlle under this section
pensions can only be granted in return for services and that pensions based on age
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s 2 New Hampshire
I. Incidence of Responsibility for Welfare Program—Continued I
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B. * *· * it shall be the»duty of the legislators and magis-
trates, * * * to countenance and inculcate the principles of humanity
and general benevolence, public and private charity "·‘ * * among the
people:4 * * *. _
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II. Financial Powers and Limitations
A. Taxation and Assessments °
(1) state
(a) Every member of the community has a right to be
protected by it, in the enjoyment of his life, liberty, and property; he
is therefore bound to contribute his share in the expense of such protec- °
tien,5 # e e.
(b) No subsidy, charge, tax, impost, or duty, shall
be established, fixed, laid, or levied, under any pretext whatsoever,
without the consent of the people, or their representatives in the legis-
lature, or authority derived from that body.6 '
(c) And further, full power and authority are hereby
given and granted to the said general court, * * * to impose and levy ·
proportional and reasonable assessments, rates, and taxes, upon all the
inhabitants of, and residents within, the said state: and upon all estates `
within the same; to be issued and disposed of by warrant, under the hand ’
of the governor of this state for the time being, with the advice and
consent of the council, for the public service, in the necessary defense
alone would be Invalid, the State has the undoubted right in the exercise of its police
power to make provision for the poor. Therefore, a statute granting benefits to persons *
above a certain age based on need would be valid as a pauper law. In re Opinion of
the Justices, B5 N. H. 562, 154 A. 217, (1951).
Furthermore, the State may legislate to prevent pauperlsm as well as to relieve
it. Paupers may be reasonably classified, and the fact that needy persons over 65
years of age under such proposed statute would be given slightly different benefits »
from other needy persons would not render the statute invalid. Ibid. ,  I
Similarly, such a statute granting aid to persons owning property not in excess .
of $2,000 in value would be valid. Such a provision would not necessarily grant re- • '
llef to persons other than paupers as a person might conceivably be worth that much i
and still be ln need of aid for himself and family. Ibid. (
The above proposed old age assistance statute would be constitutional on all ;·
p points raised with one exception. This involved the question of whether the admin- 3
lstratlon of the act could be vested in the county courts. Such a provision would ‘
be invalid as constituting an unconstitutional delegation of authority to the judi-
ciary. Ibid.
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4'Constltution, Part II, Art. B2.
5Constltut1on. Part I, Art. 12.
See p. 3, par. (d), and footnote B.
8Constltut1on, Part I, Art. 28.
See p. C5, par. (d), and footnote 8. ·
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, New Hampshire 3
‘ • II. Flnanclal Powers and Limitat1ons——Continued
( A. Taxation and Assessments——Continued
(1) State——Continued
, and support of the government of this state, and the protection and pres-
, ervation of the subjectsthereof, according to such acts as are, or shall
be, in force within the same;7 * * *.
• (d) The public charges of` government, or any part
1 thereof, may be raised by taxation uponpolls, estates, and other classes
W of property, including franchises and property when passing by will or
inheritance; and there shall be a valuation of the estates within the
state taken anew once in every five years, at least, and as much oftener
as the general court shall order.8
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(2) Counties and Other Local Units
See page 2, paragraphs (a) and (b).9
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Constitution, Part II, Art. 5.
See par. (d), above and footnote 8. below.
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8Const1tut1on, Part II, Art. 6, as amended 1903.
*Except ln the case of the tax upon polls, taxes are required to- be la1d ad
valorem. * * * There 1s no warrant for the imposition of any other tax than one
· assessedupona proportional and equal valuation of all the different kinds of property
on which 1t 1s to be la1d.* In re Oplnlon of the Justices, 82 N. H. 581, 138 A. 284
(1927). Following: State vs. Express Company, 80 N. H. 219 (1882).
Since th1s section was amended ln 1903, the Leglslature has been empowered to
. impose taxes notonlyupon polls and estates,but also upon other classes of property,
1nclud1ng franchises and property when passing by w1ll or inheritance. Powers of
taxation over these addltlonalsubjectsonlywere granted by this amendment and lt did
not affect the rule of unlformltyof taxation. ¤Any other classification for taxation
of property or rights 1s contrary to the * * * Constltutlon as 1t has been inter-
A preted since 1784.* An lnherltance tax statute, assessing different rates against
I dlfferent classes of persons,was held unconstitutional since lt violated the rule of
un1form1ty. williams vs. State, 81 N. H. 341, 125 A. 661 (1924).
· An lnherltahce taxstatute, which granted certaln exemptions but assessed a unl-
. form rate, was Constitutional since lt was held that the Leglslature could class1fy
between taxables and nontaxables. Thompson vs.K1dder,74 N. H. 89, 65 A. 392 (1906).
The Supreme Court 1n an advisory op1n1on stated that an lncome Dax at a fixed
M rate would be constitutional and that exemptions could be granted wlthout vlolatlng
the rule of uniformity. In re Opinion of the Justices, 82 N. H. 561, 138 A. 284,
; 291 (1927).
( when the Leglslatureasked whether an lncome tax could legally provide for d1f-
y • ferent rates and different exemptions on dlfferent classes, the Supreme Court stated
Q that income taxes must be levied at a common rate but that "the exemptions as to
Y earned lncome and incomes from lntanglbles need not be in the same amount.” In re
$ 0p1n1on of the Justices, 149 A. 321 (1930).
q The provlslon that*publ1c charges ofgovernment' may be ralsed by taxation means
A that the Leglslature may authorize taxation only for public purposes. The granting
` of an old age pension regardless of need would not be a public purpose within the ·
meaning of the Constitution. The granting of old age benefits to persons in need,
I • however, was held to be a public purpose, since relief to the needy has long been
considered in New Hampshlre as promotlve of the general welfare. In re 0p1n1on of
the Justices, B5 N. H. 562, 154 A. 217 (1931).
9Count1es and other munlclpal corporations are subdlvislons of the State exercising
part of 1ts powers of government. They can only exercise those powers which are con-
ferred upon them by statute. O•Br1en vs. Rocklngham County. 80 N. H. 522, 120 A.
254 (1923).
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II. Financial Powers and L1m1tat1ons——Cont1nued
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B. Exemptions
No prov1s1on.1O
C. Borrowing and Use of Credit
(1) State • ·
No provision.
(2) Counties and Other Local Unitsll •
(a) * * * the general court shall not authorize
any town to loan or give its money or credit directly or indirectly for j
the benef1tof‘any corporation having for its object a div1dendof‘prof1ts
or in any way aid the same by taking its stock or bonds.1z
D. Other Income •
No provision.
E. Appropriations and Expenditures .
(1) No moneys shall be issued out of the treasury of this
state, and disposed of, (except such sums as may be appropriated for the •
redemption of bills of credit, or treasurer's notes, or for the payment
of interest arising thereon)butby warrantwmnder thehandof the governor
for the time being, by and with the advice and consent of the council, ·
for the necessary supportand defense of this state, and for the necessary
protection and preservation of the inhabitants thereof, agreeably to the
acts and resolves of the general court.13 ’
(2) * * * Provided, nevertheless, that no money raised
by taxation shall ever be granted. or applied for the use of the schools
or institutions of any religious sect or denomination.14 * * *
III. Provisions Affecting Legislation y
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A. Regular Sessions of Legislature
The senate and house shall assemble biennially onthe first l}
Wednesday of January andat such other times as they may judge necessary; F
——————-—————·—— ;
m'1‘he Leglslature may make reasonable exemptions from taxation without violating the •  
uniformity clauses of the Constitution. In re Opinion of the Just1ces,82N. H. 561, "
158 A. 284 (1927), see p. 3, footnote 8.
The power of the Legislature to classify property 1nto taxable and nontaxable ,
groups includes the power to grant reasonable exemptions from taxatlon. Inre Op1n1on {
of the Justices, 178 A. 125 (1935). .
" uCount1e¤ and other mun1c1pal corporatlons are subd1v1s10nsof the State and may only
exercise those powers granted by the Legislature. 0•Br1en vs. Rockingham County, · °
80 N. H. 522. 120 A. 254 (1923).
1zConst1tut1on, Part II Art. 5. _
15Const1tut1on, Part II, Art. 55. ,
14C0nst1tut1on, Part II, Art. 82. ·
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A r • III. Provisions Affecting Legis1ation——Continued
A. Regular Sessions of Legislature——Continued
and shall dissolve and, be dissolved, seven days next preceding the said
first Wednesday of January biennially;15 * * *.
6 • B. Special Sessions of Legislature
The governor, with advice of council,shall have full power
{ • and authority, in the recess of the general court, to prorogue the same
from time to time, not exceeding ninety days, in any one recess of said
court; and during the sessions of said court, to adjourn or prorogue it
to any time the two houses may desire, and to call it together sooner
than the time to which it may be adjourned, or prorogued, if the welfare
of the state should require the same.16
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C.· Powers of Initiative and Referendum
No provision.
D. Legislative Enactment
(1) All money bills shall originate inthe house of repre-
’ sentatives; but the senate may propose, or concur with, amendments, as
on other bi1ls.17
A · (2) Every bill which shall have passed both houses of the
general court,shall, before it become a law,be presentedto the governor,
if he approve, he shall sign it,but if not, he shall return it, with his
' objections, to that house in which it shall have originated, who shall
enter the objections at large on their journal,and.proceed to reconsider
it; if after such reconsideration, two thirds of that house shall agree
to pass the bill,it shall be sent, together with such objections, to the
other house, by which it shall likewise be reconsidered,and, if approved
, by two thirds of that house, it shall become a law. * * * If any bill
shall not be returned bythe governor within five days (Sundays excepted)
V after it shall have been presented to him, the same shall be a law in
like manner as if he had signed it unless the legislature, by their ad-
journment, prevent its return, in which case it shall not be a law.18
` • IV. Constitutional Amendment or Revision
U A. By Proposal of Legislature or People
No provision.
• 15Const1tution, Part II, Art. 5.
16Const1tut1on, Part II, Art. 49.
17Const1tut1on, Part II, Art. 17
18Const1tut1on, Part II, Art. 43.
Art.44, Part II of the Constitution providesthat every resolveshall be subject
· to the G0vernor's veto under the same rules as in the case of a bill.
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1 IV. Constitutional Amendment or Revision—Continued I 4,
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g B. By Constitutional Convention
(1) It shall be the duty of the selectmen, and assessors, I
of the several towns andplaces in this state, in warning the first annual
meetings for the choice of senators, after the expiration of seven years
from the adoption of this constitution, as amended, to insert expressly •
l in the warrant this purpose, among the others for the meeting, to wit,
to take the sense of the qualified voters on the subject of a revision • i
of the constitution; and, * * * the moderator shall take the sense
of the qualified voters present as to the necessity of a revision; and a
return of the number of votes for and against such necessity, shall be
made by the clerk sealed up, and directed to the general court at their
then next session; and if it shall appear to the general court by such
return, that the sense of the people of the state has been taken, and that, `°
in the opinion of the majority of the qualified voters in the state, pres-
ent and voting at said meetings, there is a necessity for a revision of
the constitution, it shall be the duty of the general court to call a con- ·
vention for that purpose, otherwise the general court shall direct the
sense of the people to be taken, and then proceed in the manner before - •
mentioned. The delegates to be chosen in the same manner, and propor-
tioned, as the representatives to the general court; provided that no
alterations shall be made in this constitution, before the same shall be ·
laid before the towns and unincorporated places, and approvedby two thirds
of the qualified voters present and voting on the subject.19 ·•
(2.) And the same methodof taking the sense of the people, as
to a revision of the constitution, and calling a convention for that pur-
pose, shall be observed afterwards, at the expiration of every seven years.20
19 °
Constitution, Part II, Art. 98.
The delegates to constitutional conventions may be chosenat any election desig-
nated by the Legislature. In re Oplnionof the Justlces,'76 N. H. 586, 79 A. 29 (1911).
2OConst1tut10n. Part II, Art. 99.
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