xt7np55dft3g https://exploreuk.uky.edu/dips/xt7np55dft3g/data/mets.xml Vermont United States. Works Progress Administration Lowe, Robert C.(Robert Chapin), 1907- Lander, David S. 1937 5 p.; 27 cm. UK holds archival copy for ASERL Collaborative Federal Depository Program libraries. Call Number Y 3.W 89/2:36/V 59 books English Washington DC: Works Progress Administration This digital resource may be freely searched and displayed in accordance with U. S. copyright laws. Vermont Works Progress Administration Publications Public welfare -- Law and legislation -- Vermont Social workers -- Legal status, laws, etc. -- Vermont Constitutional law -- Vermont Analysis of Constitutional Provisions Affecting Public Welfare in the State of Vermont text Analysis of Constitutional Provisions Affecting Public Welfare in the State of Vermont 1937 1937 2019 true xt7np55dft3g section xt7np55dft3g , /'
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' WORKS PROGRESS ADMINISTRATION
HARRY L. HOPKINS, ADMINISTRATOR
CORRINCTON 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
VERMONT
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PREPARED BY

ROBERT C. LOWE AND DAVID S. LANDER ,
LEGAL RESEARCH SECTION I
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UNDER THE SUPERVISION OF
A. Ross ECKLER, COORDINATOR OF SPECIAL INQUIRIES

DIVISION OF SOCIAL RESEARCH I

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PREFACE Q
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This bulletin is one of a series presenting ’
State constitutional provisions affecting public wel- 5
o fare, prepared to supplement the State by State digests ‘
of public welfare laws so as to provide in abstract L
form the basis for the public welfare services of the
several States.
The provisions quoted are those concerned
0 directly with public welfare administration and such
others as may substantially affect a public welfare
program, even though only indirectly related. It would
be impossible to consider within the limits of this
study every remotely connected constitutional provi-
. sion. The indirectly related provisions included,
therefore, have been restricted to those concerning
. finance, legislation, and the methods of constitutional
amendment.
An attempt has been made, 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 indicating how State and local public welfare admin-
istration may be affected by constitutional powers and
limitations.
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CONTENTS
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Incidence of Responsibility for Welfare Program.................. 1
Financial Powers and Limitations................................. 1
Taxation and Assessments.................................... 1
. Exemptions 2
. Borrowing and Use of Credlt 3
Other Income 3
Appropriations and Expenditures............................. 3
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. Provisions Affecting legislation................................. 3
Constitutional Amendment or Revision............................. 4
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Vermont
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ANALYSIS OF CONSTITUTIONAL PROVISIONS AFFECTING
I PUBLIC WELFARE IN VERMONT1
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I. Inc1dence of Responsibility for Welfare Program
No provision.2
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No charter of incorporation shall be granted, extended,
changed or amended by special law,except for such municipal, charitable,
educational, penal or reformatory corporations as are to be and remain
under the patronage or control of the State;3 * * *.
9 II. Financial Powers and Limitations
A. Taxation and Assessments
(1) State
‘ That every member of society hath a right to be pro—
° tected in the enjoyment of life, liberty, and property, and therefore is
. bound to contribute his proportion towards the expence of that protec—
tion,4 * * * and previous to any law being made to raise a tax, the
. 1Constitution (1793), with all amendments to May 1, 1937, as published in the Vermont
Legislative Directory (1937),by authority of law. (Vermont Public Laws, Secs. 9091-2).
IThe Constitution is not a grant of power to the Legislature, but is a limita—
tion of its generalpowers. * * * The Legislature's power is practically absolute,
except for constitutional limitations * * *.' Rafus vs. Daley, 105 Vt. 426, 154
A. 695. 697 (1951).
IReferring to the police powers of a state,it has been said that they are noth-
ing more or less thanthe powers or governmentinherent in every sovereignty. * * *
. It is inherent in the states of the Union, and is not a grant derived from or under
' a written Constitution. * * * Subject to constitutional limitations, a state Leg~
islature is authorized to pass measures for the general welfare of the people of the
state in the exercise of the police power, and is itself the Judge of the necessity
or expediency of the means adopted." Ex parte Guerra, 94 Vt. 1, 110 A. 224 (1920).
2The law is 'solicitous" that poor persons should be supplied with needed assistance,
but liability for poor relief is a statutory matter. Peabody vs. Town of Holland,
107 Vt. 237, 178 A. 888 (1935).
9 3Constitution, on. II, Sec. 65, as amended 1915.
4The requirement of this section of proportional contributions for the support of the
government was not intended mirestrict the State to methods of taxation that operate
equally upon all of its inhabitants. The limitation imposed by this section does not
prevent classification of property for purposes of taxation, or the adoption of any -
schemes of taxation, provided that they do not offend the Federal Constitution. In
regard to taxation this section has the same meaning as the Fourteenth Amendment to
9 the Federal Constitution. The Legislature has a wide discretion in classifying prop—
erty for purposes of taxation under the State and Federal Constitution. It is only
when the classification is manifestly unreasonable and arbitrary that the court will
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II. Financial Powers and Limitations——Continued
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A. Taxation and Assessments—~Continued
(1) State—~Continued
purpose for which it is to be raised ought to appear evident to the Leg—
islature to be of more service to community than the money would be if
not collected.5 '
(2) Counties and Other Local Units
No provision.6 O
B. Exemptions
* * * all religious societies, orbodies of men that may
be united or incorporated for the advancement of religion and learning,
or for other pious and charitable purposes, shall be encouraged and pro— ,
tected in the enjoyment of the privileges, immunities, and estates, which .
they in justice ought to enjoy, under such regulations as the General
Assembly of this State shall direct.7
declare it unconstitutional. A statute which provided that the assessable value of
shares of stock should be based on a determination of the total capital investment 0
necessary to produce an income of 6 percent, computed from the actual dividends
paid the preceding year. was held valid. Clark vs. City of Burlington, 145 A. 677
(1928).
The same principles were stated in State vs. Caplan, 100 Vt. 140, 135 A. 705
(1927).
"The equality clause in the Federal Constitution and the proportional clause in
the Vermont Constitution are in effect the same as far as the question of classifi- »
cation is concerned." A gross retail sales tax statute, which contained graduated ‘
rates from one-eighth of 1 percent to 4 percent based on the volume of sales, and
which exempted from 85 to 95 percent of retail merchants, was held to violate the _
Federal Constitution as providing for an arbitrary classification. Great Atlantic
and Pacific Tea Company vs. Harvey, 107 Vt. 215, 177 A. 425 (1935).
5Constitution, Ch. I, Art. 9.
The meaning of this section is that "the purpose for which the tax is raised
must be * a: * public a: * *. But what is a public purpose within that meaning .
is a question for the Legislature to decide, and concerning which it has a large dis-
cretion, which the courts can control only, if at all, in very exceptional cases."
It was held that a statute authorizing a city to raise money to build a public wharf
did not violate this section. City of Burlington vs. Central Vermont Railway Company '
et al.. 82 Vt. 5, '71 A. 826, 827 (1909)-
6Municipal corporations whether cities, towns, villages, or counties are creatures of
the State, holding and exercising only those powers and privileges granted by the
Legislature. The State exercises control over all their activities including the 0
power of taxation. The State may modify or withdraw all such powers. A statute
providing that municipal light plants located outside of a city should not be exempt
from taxation was held valid. Village of Hardwick vs. Town of Wolcott, 98 Vt. 543,
129 A. 159 (1925).
7Constitution, Ch. II, Sec. 64.
In a case Which held a Masonic temple not exempt from taxation on the ground
that the town had not voted a tax exemption as required by statute, the court stated .
that the rule that exemption statutes are to be strictly construed is not affected by
this section. Grand Lodge of Vermont F. and A. M. vs. City of Burlington, 104 Vt-
515, 162 A. 368 (1932)-
Under the statutes property used directly for charitable purposes may be exempt
from taxation; but not property, the income from which only is used for charitable .
purposes. Ibid.
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Vermont 3
II. Financial Powers and Limitations—~Continued
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C. Borrowing and Use of Credit
(1) State
No provision.
o (2) Counties and Other Local Units
No provision.8
o D. Other Income
No provision.
E. Appropriations and Expenditures
No money shall be drawn out of the Treasury, unless first
. appropriated by act of legislation.9
III. Provisions Affecting Legislation
A. Regular Sessions of Legislature
. The General Assembly shall meet biennially on the first
Wednesday next after the first Mondaycfi‘January,beginning inA.D. 1915.10
.‘ B. Special Sessions of Legislature
The Governor, * * * shall have power to call together
the General Assembly, when necessary, before the day to which they shall
' stand adjourned.11 * * *
C. Powers of Initiative and Referendum
No provision.
D. Legislative Enactment
' (1) * * * all Revenue bills shall originate hithe House
of Representatives; but the Senate may propose or concur in amendments,
as on other bills.12 * * =%
(2) The Representatives so chosen(a.majoritycn‘whom shall
; constitute a quorum for transacting any other business than raising a
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x Where a town had voted an exemption to a manufacturing corporation for a period
”A of 5 years, it was held that there was a binding contract and that the town could
not rescind the exemption during the period for which it was granted. Rixrord Mann-
1 facturing Company vs. Town of Highgate, 102 Vt. 1, 144 A. 680 (1929)-
. 8See D. 2, footnote 6.
' 9Constitution, Ch. 11, Sec. 27.
10Constitution, Ch. 11, Sec. '7, as amended 1913.
11Constitution, Ch. 11, Sec. 20.
. 1‘gConstitution, Ch. II, Sec. 6.
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III. Provisions Affecting legislation—Continued .
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D. Legislative Enactment—Continuéd
State tax, for which two-thirds of the members elected shall be present)
* * * shall be styled the House of Representatives:“5 * * *.
(3) Every bill which shall have passed the Senate and House .
of Representatives shall, before it becomes a law, be presented to the
Governor; if he approve, he shall sign it; if not, he shall return it,
with his objections in writing, to the House in which it shall have orig— O
inated; which shall proceed to reconsider it. If, upon such reconsider—
ation, two—thirds of the members present of that House shall pass the
bill, it shall, together with the objections, be sent to the other House,
by which it shall likewise be reconsidered, and, if approved by two—thirds
of the members present of that House, it shall become a law. ‘
* * * If any bill shall not be returned by the Gov-
ernor, as aforesaid, within five days (Sundays excepted) after it shall
have been presented to him, the same shall become a law in like manner
as if he had signed it; unless the two Houses by their adjournment within
three days after the presentation of such bill shall prevent its return; 0
in which case it shall not become a law.” .
IV. Constitutional Amendment or Revision
A. By Proposal of legislature or People 0
At the fifth biennial session of the General Assembly of
this State following that of A.D. 1910, and at the session thereof every ‘
tenth year thereafter, the Senate may, by a vote of two—thirds of its
members, make proposals of amendment to the Constitution of the State,
which proposals of amendment, if concurred in by a majority of the mem— .
bers of the House of Representatives, shall be entered on the Journals
of the two Houses, and referred to the General Assembly then next to be
chosen, and be published in the principal newspapers of the State; and
if a majority of the members of the Senate and of the House of Represen-t- .
atives of the next following General Assembly shall respectively concur o e 5
in the same proposals of amendment, or any of them, it shall be the duty ,
of the General Assembly to submit the proposals of amendment so concurred
13Constitution, Ch. II, Sec. 14. :
14Constitution, Ch. II, Sec. 11. . ~
Under this section it was held that bills which were presented to the Governor
after the Legislature had adjourned would become law it signed by him within 5 days
after the time they were presented to him. Hartness vs. Black, 95 Vt. 190, 114 A.
44 (1921). .
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IV. Constitutional Amendment or Revision—Continued
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A. By Proposal of Legislature or People—Continued
in to a direct vote of the freemen of the State; and such of said pro-
posals of amendment as shall receive a majorityof‘ the votes of the free-o
men voting thereon shall become a part of the Constitution of‘ this State. 15
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B. By Constitutional Convention
° _ No provision.
15C
onstitution, Ch. II, Sec. 68.
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