xt77h41jm157 https://exploreuk.uky.edu/dips/xt77h41jm157/data/mets.xml Connecticut 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; Y 3. W 89/2:36/C 76 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 Connecticut text Analysis of Constitutional Provisions Affecting Public Welfare in the State of Connecticut 1937 2015 true xt77h41jm157 section xt77h41jm157 •
• H0wARD B. MYERs, Dnnscron
MAY 1, 1957

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• This bulletin is one of a series presenting
State constitutional provisions affecting public wel- `
fare, prepared to supplement the State by State digests
• of public welfare laws so as to provide in abstract
{ form the basis for the public welfare services of the
A several States. l
  The provisions quoted are those concerned
directly with public welfare administration and such $
• others as may substantially affect a public welfare d
program, even though only indirectly related. It would I
be impossible to consider within the limits of this  
study every remotely connected constitutional provi- 3
sion. The indirectly related provisions included,  
. therefore, have been restricted to those concerning  
finance, legislation, and the methods of constitutional
· amendment.
An attempt has been made, by a careful selec-
tion of the most recent cases decided by the highest
• courts of the States, to indicate wherever possible how
these provisions have been construed. These cases are
included in footnotes appended to the constitutional
provisions shown.
It is hoped that these abstracts will be
, useful to those interested in public welfare questions
_ in indicatinghow State and local public welfare admin-
istration may be affected by constitutional powers and


° Page
Incidence of Responsibility for Welfare Program .................. 1
Financial Powers and Limitations .................... . ............ 1
• Taxation and Assessments. . . .·. ............................... 1
EX€mpt·Z10l’lS....•.•..•·.••••••.•.....•......•................. 2
Borrowing and Use of Credit... .......... .. ................. . 2
Ot}h€l" IflCOHl€.......•••...•...•.•..............·..........••• 3
Appropriations and Expenditures ............................. 3
• Provisions Affecting Legislation...... .... ............. ..... . .... 3
· Constitutional Amendment or Revision ............................. 4

• .
- 1
• . . . .
I. Incidence of Responsibility for Welfare Program
• No provision.2
II. Financial Powers and Limitations
A. Taxation and Assessments$
• (1) State
(a) That all men when they form a socialcompact,are
equal in rights; and that no man, orset of men are entitled to exclusive
public emoluments or privileges from the community.4
1Const1tut1on (181B),aspubl1shed by the State 1n the Connecticut Register and Manual
(1956), by authority of law; with all amendments to May 1, 1957.
· 2The legislative power of the General Assembly covers the whole field of legislation
except as limited by the State Const1tut1on and the Federal Constitution. Beach vs.
Bradstreet, 85 Conn. 544, 82 A. 1050 (1912).
”Our Constitution [Art. III,Sec. 1] vests 'the leg1slat1ve power of this state'
• 1n the General Assembly. That power covers the whole fleld oflegltlmate legislation,
except so far as limitations are tobe found ln other provlslons of thls Constltutlon
or in that of the Unlted States.” Appeal of Allyn, 81 Conn. 554, 71 A. 794 (1909).
The support by the State of 1ts citizens tn need 1s a publ1c purpose. A statute
granting penslons to C1v1l war veterans and their relatives regardless of their need
was held invalid as not being for a public purpose. Beach vs. Bradstreet, 85 Conn.
544, B2 A. 1050 (1912).
• 5'The taxing power ls an inherent attribute of sovereignty, and as such unlimited ln
character and scope save as limitations may be self lmposed. Under our form of gov-
ernment its exercise is vested in the legislative department whlch may exercise it
for lawful purposes in its discretion both as regards the choice of subject matter
of taxation and the extent and manner of the tax, save as constitutional limitations
may lntervene * * #.¤ State vs. Murphy, 90 Conn. 662, 98 A. 545 (1916).
Under Art. IV,Sec.4 of the Federal Constitution, guaranteeing a republican form
of government, taxation may only be imposed for publ1c purposes. See Beach vs. Brad-
• street, 85 Conn. 544, 82 A. 1050 (1912), above-
4Const1tut1on, Art. I, Sec. 1.
Th1s section and Sec. 12 of Art. I (see p. 2,par. (b)) requlre equal protectlon
of the law and due process of law, and have the same meaning ln this regard as the
Fourteenth Amendment to the FEGGPEI Constitution. State ex rel. Brush vs. Sixth Tax-
lng District, 104 Conn. 192, 152 A. 561 (1926).
A statute which dlvlded stockholders of a corporation into two classes for pur-
poses of taxation, the effect of which was to assess the shares of residents at a
• different rate from those of nonres1dents,was held valid. The Supreme Court 1n dis-
cussing the question of whether there was any constitutional requirement that "taxa-
tion shall be uniform and equal" stated: ”There can be no claim that such a mandate
All, 1

2 Connecticut
II. Financial Powers and Limitations-Continued •
A. Taxation and Assessments——Continued
(1) state-—c¤¤t1¤ued
(b) All courts shall be open, and every person, for
an injury done him in his person, property or reputation, shall have rem- •
edylqrdue course of law,andrdght and justice administered without sale,
denial or delay.5 ·
(2) Counties and Other Local Units
No provision.6
B. Exemptions
No provision.7 •
C. Borrowing and Use of Credit
(1) state
No provision.
1s d1rectly expressed either 1n the state or national constitution. * * * The
provisions of our constitution exclude the poss1b1l1tyof a limitation of legislative
power by any implied mandate that taxation shall be equal and uniform. * * * In
our national constitution we find provisions even more pointedly clashing with such
a max1m.* State vs. Travelers Insurance Company, 75 Conn. 255, 47 A. 299 (1900).
In classifying property for purposes of taxation the Legislature may exercise a
wide latitude of d1scret1on, butthe classification must be reasonable,not arbitrary, •
and must rest upon some ground of difference havlng a fair and substantial relation
to the object of the legislation. An unreasonable classification violates the guar-
antee of equal protection of the laws contained in this section and the Fourteenth
Amendment to the Federal Constitution. An act validating assessments against land
held on 99-year leases u1one county only was held 1nval1d as containing an unreason-
able class1f1cat1on. Montgomery vs. Town of Branford, 107 Conn. 697, 142 A. 574 (1928).
5Const1tut1on, Art. I, Sec. 12. ·
bTowns and other local units have no lnherent rights. They are mere creatures of the
State, with such powers, and only such, as are granted by the Legislature. State ex
rel. Bulkeley vs. williams, 68 Conn. 151, 55 A. 24 (1896).
7”The power to prescribe what property shall be taxed lmplles the power to prescribe
what property shall be exempt.* Baker vs.Town of west Hartford, 89 Conn. 594, 94 A.
285, 285 (1915).
Under the statutes, to exempt from taxation property used for charitable or •
educatlonal purposes lt must appear that it 1s dedicated to the public use lnstead
of to prlvate galn. one of the attrlbutes essential to such use is that no private
profit can be reallzed from lt. A school for dependent and neglected boys, maintained
by a prlvate nonproflt corporation, was held exempt from taxation. Connecticut Junior
Republic Association vs. Town of L1tchf1eld, 119 Conn. 106, 174 A. 504 (1954).
A Masonic Temple was held not to be used exclusively for *char1table purposes*
w1th1n the meaning of thestatute exempting property ofcorporatlons so used. _Mason1c
Building Association of Stamford,Connect1cut vs. Town of Stamford, 119 Conn. 55, 174 •
A. 501 (1954). '
To exempt property from taxation under the statutes, it must be *sequestered
from private and devoted to public use.* where the charter of a nonstock corporation
which operated a school for glrls but did not preclude payment of profltsto its mem-
bers or distrlbutionof property on dissolution, ltsproperty was held not exempt from
taxation even though there was no actual profit. Female Academy of the Sacred Heart ·
of Albany vs. Town of Davlen, 108 Conn. 156, 142 A. 678 (1928).

Connecticut 3
II. Financial Powers and Limitations——Continued
C. Borrowing and Use of Credit——Continued
(2) Counties and Other Local Units
No provision.
D. Other Income
• . The fund, called the School Fund, shall remain a perpetual
fund, the interest of which shall be inviolably appropriated to the sup-
port and encouragement of the public, or common schools throughout the
state,8 * * *.
E. Appropriations and Expenditures
• No provision.
III. Provisions Affecting Legislation
A. Regular Sessions of Legislature
(1) The regular sessions ofthe general assembly shall com-
• mence on Uu2Wednesday following thefdrst Monday of the January next suc-
_ ceeding the election of its members.9
· (2) The general assembly shall adjourn sine die not later
· than the first Wednesday after the first Monday in June following its
I •
` B. Special Sessions of Legislature
· * * * the person administering the office of Governour,
may on special emergencies, convene the General Assembly.11 * * *
C. Powers of Initiative and Referendum
No provision.
D. Legislative Enactment
(1) He (the Governor) shall, from time to time, give to the
General Assembly, information of the state of the government and recommend
. to their consideration such measures as he shall deem expedient.12
8Const1tut1on, Art. VIII, Sec. 2.
9Const1tut10n, Amendment 27, Sec. 4, adopted (1884), amending Amendment 16, Sec. 5,
0 and Art. III, Sec. 2.
Amendment 27, Sec. 2, adopted in 1884, provides that membersof the Legislature
are to be elected In November of the even numbered years.
1OC0nst1tut10n, Amendment 35, adopted 1912.
· 11Const1tuti0n, Art. III, Sec. 2.
l2C0nst1tut10n, Art. IV, Sec. B.

4 ( Connecticut
III. Provisions Affecting Legislation-Continued •
D. Legislative Enactment-Continued
(2) Each bill which shall have passed both houses of the
general assembly shall be presented to the governor. If he shall approve,
he shall sign and transmit it to the secretary of the state, but if he ·
shall disapprove, he shall transmit it to the secretary with his objec-
tions, and the secretary shall thereupon return the bill to the house in
which it originated, ‘*‘ * * which shall proceed to reconsider the bill. •
If, after such reconsideration, that house shall again pass it, it shall
be sent with the objections to the other house, which shall also recon-
sider it. If approved, it shall be a law * * *. In case the governor
shall not transmit the bill to the secretary, eitherwith his approval or
with his objections, within five calendar days, Sundays and legal holi— •
days excepted after the same shall have been presented to him, it shall
be a law at the expiration of the period unless the general assembly
shall then have adjourned sine die, in which case the bill shall be a law
unless the governor shall, within fifteen calendar days after the same
shall have been presented to him, transmit it to the secretary with his • ·
objections, ’*‘ * *.
* * * This amendment shall not impair the powers ‘
granted to the governor by Article XXXVII of the amendments to the Con- ·
stitution.15 A
(3) The governor shall have power to disapprove of any item • ·
or items of any bill making appropriations of money embracing distinct
items, while at the same time approving the remainder of the bill, and l
the part or parts of the bill so approved shall become effective and the A
item or items of appropriation so disapproved. shall not take effect unless
the same are separately reconsidered and repassed in accordance with the (
rules and limitations prescribed for the passage of bills over the exec- •
utive veto.14 * * *
TV. Constitutional Amendment. or Revision
A. By Proposal of Legislature or People •
Whenever a majority of the house of representatives shall
deem it necessary to alter, or amend this constitution, they may propose
such alterations and amendments; which proposed amendments shall be con-
tinued to the next General Assembly, and be published with the laws which
may have been passed at the same session; and if two thirds of each house, y,
l3Const1tut1on, Amendment 40. adopted 1934, amending Art. IV, Sec. 12.
For Art. XXXVII referred to. see par. (3), above. ·
14Const1tut1on, Amendment 37, adopted 1924.

 ° •
Connecticut 5
I IV. Constitutional Amendment or Revision—Continued
  A. By Proposal of Legislature or People——Continued
E at the next session of said Assembly, shall approve the amendments pro-
- posed,by yeas and nays, said amendments shall,by the Secretary,be trans-
mitted to the town clerk in each town in this state; whose duty it shall
y be mopresent the same tothe inhabitants thereof,fbr·their consideration,
• at a town meeting legally warned and held for that purpose; and if it
shall appear in a manner to be provided by law, that a majority of the
• electors present at such meetings, shall have approved such amendments,
_ the same shall be valid, to all intents and purposes, as a part of this
A constitution.15
i B. By Constitutional Convention
• No provision.
.· 15C0nst1tut1on, Art. XI.
I ·