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lECTION III
LEGISLATURES AND
7. Legislative Organization and Procedure ' 8. Legislation ^
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::-JtO: ^LegiskUive Organizcitio.n and Procedure
..••-• • -^ ' . .- • • . ;* ' r ' • LEGISLATIVE REORGANIZAtlON--l 945-47*
^URiNG the past two years there has been 5. Committees should be reduced in D" growing pressure upon state legisla- number and organized with regard to rer tures to. increase legislative efficiency lated subjecj matter, equaliza/ionof work, through improved organization and better and cooperation^betweenlegislative houses. •procedures. There.have been many rea- 6. Public hearings should be held on all sons for this. The interest aroused by the major bills. reorganization of Congress stimulated in- 1. Legislative councils or'interim com- terest in reorganization of state legislatures.^ .mittees with adequate clerical and research The strain put upon the legislative ma- facilities should be established. • chine by the burden of postwar legislation 8. Reference, research, bill drafting, /^ has made evident defects of long standing, and statutory revision services should be The searchlight of investigation has been provided. turned on sta);;e legislatures by many investi- ' 9. Improved methods.pf drafting, print- gating committees. . ing, and introducing billsjihould be consid- In 1946- the Committee on Legislative ercd. •Processes and .Procedures of the Council of 10. Legislative rules should be reviewed State Governments,published its report on and revised. . Our State Legislatures.^ This study resulted 11, An adequate legislative budget . in twelve recommendations for improving should be provided. , legislatures- and legislation which State 12. ^ The amount of local and special Government summarizes as follows: legislation should be reduced by provision 1. • Restrictions upon the length of legis- for judicial settlement of clainis against . lative sessionis should be removed. states and by increasing home rule for 2. Compensation of state legislators political subdivisions of the states, , should be increased. Twenty-eight, states have made sorne 3. Legislative terms should be lengthened examination of their legislative bodies. In and staggered. four—Alabama, Connecticut,' Missouri, 4. Skilled and essential full-time legis- and New York—these studies have been lative employees should be appointed on extensive and have led to some reforms.•'' basis of merit and competence, Reapportioriment • hMs received consid- "TrTTTT D-A i s\L n • .n :". ,i cration in several states, but in only two ^U.S. Congress, Reportoj the JotntCommttleeon the , '. : < Organization of Congress, V/ashington, \946. 35pp. ~~ - ' Senate Report No. 1011 • . ^Hallic Farmer, The Legislative Process in Alabama: ^Council oi State Governments^Our State Legisla- Standing Committees (1945), Recess and Interim tures. Report of the Committee on Legislative Processes Committees (1946), Legislative Costs (1947) (Bureau and Procedures, Chicago, 1946, 29pp. ofPublicAdrpinistration, University of Alabama); *Prepared by Hallie Farmer, JVofessbr of His- Connecticut Legislative Council, Further Iniprove- tory, Alabama College. ' ments in Legislative Procedure (1947). 102 THE BOOK OF THE ST A TES has any actual change been made.^ The courts for redress. The suit was; based up- " • new constitution of Georgia, adopted. in on the Declaratory Judgment Act and the August, 19'45, provided for 54 senators .in Civil Rights Act. The district court decid place of 52, a shift which did very little to ed the case adversely "and the Supreme correct the unequal apportionment in that • Court dismissed an appeal because no state. substantial federal question was involve^- In Missouri, however, real progr'e^s has No state has established a unicameral been made toward a fairer apportionment. legislature in the past two years, although The hew state constitution makes detailed that matter has been considered in all of s provision for reapportionment after each the constitutional conventions. federal census and takes from the state . There has been some interest in the an- legislature all responsibility for putting the nualsession, rather than the biennial ses- constitutional provisions into effect. sioij that is now found in most of the states. In the House of Representatives the The growing burdenof legislation, the need county is made the unit of representation. for closer legislative control of the budget, • •The quotient for determining the number and the reaction against increasingexecu- of representatives to which each county is tivie power are some of the factors which^ entitled is fixed by dividing the total pop have led to this revived interest. Massa ulation of the state by. 200. Counties having chusetts, after a six-year trial of the bien one ratio, or less, elect one representative nial session, returried to the annual session each. Counties, having two and one-half in 1945 under a constitutional ahiendment times the ratio elect two representatives; approved in Noveniber, 1944. California counties having four times the ratio elect voters approved the annuaj session by ref-- three representatives; counties having six erendum on November 5, 1946. There are times the ratio elect four representatives. ^now six states—California, Massachusetts, Above that number of ratios, one addition New Jersey, New York, Rhode Island, and al representative is allotted for every two South Carolina—having annual legislative and one^half ratios. The elected secretary sessions. Connecticut voters rejected the of state is responsible for determining the proposal for an annual session submitted to them in 1945. number of representatives to which each County is entitled. In some states where biennial sessions . To determine apportionment in the Sen are prescribed by the state constitution, ate, the constitution provides for a Senator the legislative recess is being used as a de ial Apportionment Commission of ten mem vice to secure annual sessions. The Ala bers to be appointed by the governor with- bama Legislature, for example, is propos 'in- 60 days after each decennial census. ing to use in its 1947 sessiononly partqfthe- Members of this Commission are chosen . thirty-five.Jegislative days allowed in the. from lists supplied by the state executive constitution, recessing until 1948 to com- committees of the two major parties in the "^•^plete its session. stmte. It is the duty of. the cpmmissipn to Twenty-six states limit the length of the redistricf the state on the basis of a senato regular legislati\[e session, and 16 states rial quotient obtained by dividing the total' limit the length'of special sisssiOns. The-, population of the state by 34. No district new Georgia constitution limits special ses may'vary from ithe-quotient by more than sions to 70 days, but leaves the length of than 25 per cent in population; If the com the regular sessions unchanged. Alabama mission fails to act, senators are to be elect by constitutional amendment abandoned ed from the state at Targe at the next elec .the 60 calendar day session adopted inl939 tion. • and established a session of 35 legislative A resolution to revise the Illinois con days. It retained the iO calendar day or stitution to permit a fairer apportionment ganization session fixed in the 1939 amend was defeated in the House of Representa- ' ment. tives because downstate members opposed It is generally conceded^that the states increasing the strength of Chicago and have been niggardly in the compensation Cook County in the state legislature. In- \ of legislators.. In the 26 states now paying- • dignant citizens appealed to the federal i annual salaries, the maximum is $2,500" LEGISLAfiVE ORGANIZE TION AND PRdCEDURE 103 per year found in Illinois, Massachusetts, Senate are ex officio members of the coun •' and New York. The Ne\y York Joint Legis cil. It i^ the duty of the council to plan lative Committee on Legislative Methods, airid supervise the :work of the scientific re Practices, Procedures, and Expenditures search staff. recommends that salaries of legislators be Most recently established councils are doubled in that state. Connecticut in- those in Alabama, Indiana, and North •^ creased the annual salairy of its legislators Dakota (1945), and Arkansas, Minnesota, from $300 to $600 per year in 1947. The Utah, Oklahoma (activated council estab-,. new Georgia constitution (1945.) fixed a per- lished in 1939), Washington, and VViscon- diiem sum of $15 for Georgia legislators. si.n (1947). Alabama and Washington have ; • "Gohstitutionaramendrtients for increased followed the usual pattern arffi provided _, •• compensation are pending in* Missouri, for councils composed of members selected •Maryland, and New Jersey. by the two houses, each frorn its own mem '' In'addition to increased compensation bership, Arkansas and Utah have provided several-states have adopted the practice of that in addition to members ;from the two of reimb'dirserrient for living expenses. Ala-, houses there shall be appointed citizen bama,; by a constitutional amendment members, 14 in Arkansas and 3 in Utah. adopted in 1945, permits the state legis More widely used than either the; inter- lature to fix the amount ofxeimbursement. . im committees or the legislative councils It was fixed at $10 per day for the 1947 ses are the legislative reference bureaus. In sion. California has paid living expcQses some states these bureaus are research for its legislators since 1945.. Michigan staffs operating under the direction of the enacted a. laxV in 1947 permitting reim legislative councils. In states where there bursement for expenses in the amount of is no legislative council they: are controlled . $7.50 a. day. A proposed amendment to by a director responsible directly to the the Missouri constitution would permit ah legislature. Staffed with nonpartisan re-- expense allowance of $5 for each day of '. search workers, they are designed to give actual attendance at the legislatijre. accurate and unbiased information to As legislative problems have become legislators. Most of theni provide bill- more complex, legislatures have realized drafting services as well. A few are charged their need for more investigation and re with; statutory revision oh a continuing search than is possible during the legisla basis. Alabama, Delaware, and; Indiana tive session. This need has been met by created such bureaus in 1945. Arkansas, three agencies which are becoming in Minnesota; and Utah established research creasingly important in perfecting legis services in connection with their new legis- lation.'They are the interim committee, lativ(5 councils in .1947.. " the legislative council, and the legislative That the most important-work done by reference service. . state legislatures is done in committees has .The interim committee, originally com been generally agreed by students.of the posed of members of the legislature legislative process. Much legislative in assigned to study specific problems be efficiency has been due to the inefficiency' . tween sessions, has d^eveloped in some of legislative committees. All recent legis states into group^of committees charged lative studies have called attention to the with exarnining all of the major areas need for streamlining legislative commit of state government and submitting a tees, for,better distribution of bills among legislative program. committees, for more efficient committee Legislativ^e councils are a more recent records and stricter accountability of com device and at least 20 states have estab mittees to the bodies th?ey serve. Connec lished such councils, although not all of ticut continues to be the only state using them bear that exact title. These councils joint standing committees, but in at least are usually composed of members of the two states—Alabama and Michigan—prog legislature,, each house choosing a. fi.xed ress has been made in committee reorgan number of members.from its o.wn body. ization. The Alabama House of Repre-- Frequently th'e* speaker of: the House of sentativcs hpis reorganized its standing Representatives and the President of the committees and reduced their number
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104 THE BOOK OF THE ST A TES from 40 to 14.. The Michigan Senate re report all bills that are refierred to them"; duced its standing committees from 25 to Such matters as trained employees, 19.-' [ :• .-." . x; " ..;••; legislative budgets, general revisions of The new Missouri constitutio^fattempts rules, and rnore intelligent handling of lo to make committees vdr,-::- responsible for cal and private legislation are still largely their actions by requiring alf committees subjects for discussion. No state has put to kebp records of their proceedings and to reforms in these areas into practice. Nev file with the report on each bill a record of ertheless there is no question that a serious . the vote of each member of the.committee.. reappraisal'arid review of legislative meth The Missouri constitution also provides ods,, long overdue. Is under way in this that a vote of one-third of the members of country. That it has already borne fruit is evidenced by the changes which have ( either house may call a bill out of commit tee and place it on the calendar. This is already been made in some states. The designed to prevent the killing of bills in thoroughgoing reforms needed to makej committee. Massachusetts accomplishes state legislatures really efficient are, how-' -the same result by requiring committees to ever, stUl to come. • 4, •
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LEGISLATIVE ORGANIZATION AND PROCEDURE 105 OFFICIAL NAMES OR LEGISLATIVE BODIES AND CAPITOL BUILDINGS
Capitol State Both Bodies Senate House . Building
Alabama, State of Legislature Senatg . House of Representatives State Capitol Arizona, State of Legislature .Senate . House'of Representatives State House* Arkansas, State of.;.... ^.... Geherar Assembly Senate House of Representatives State Capitol California, State of Legislature Senate Assembly State Capitol Colorado, State of General Assembly Senate House of Rep^entatives State Gapitol Connecticut, State of..:,.... General Assembly Senate House of Representatives State Capitol • Delaware, State of General Assembly , . Seriate. - House of Represauatjyea, State House .. Florida, State of Legislature Senate House of Representsrtfives State Capitol Georgia, State of...... General Assembly Senate . House of Representatives •State Capitol Idaho, State of Legislature Senate . House of Representatives State Capitol lUinois, State of General Assembly Senate House of-Representatives • State Capitol Indiana, State of...;... General Assembly • Senate House of Representatives Iowa, State of..., ^ ...... General Assembly Senate > House of Representatives State Capitol Kansas, State of./. Legislature Senate House of Representatives State House* KentucU^jr, Commonwealth of.. General Assembly Senate . House of Representatives State Capitol Louisiana, State o|r?V;; Legislature Senate House of Representatives State Capitol' Maine, State of Legislature Senate ' House of Representatives' State House Maryland, State of....'... General Assembly State House Massachusetts, Common- Senate . House of Delegates w^th of ...... ;. General Court Senate House of Representatives State House Michigan, State of Legislature Senate House o[. Representatives State Capitol Minnesota, State of Legislature Senate House of Representatives State Capitol Mississippi, State of...... Legislature Senate House of Representatives State: CapitSl Missouri, State of. General Assembly Senate House of Representatives State Capitol Montana, State of...... Legislative Assembly Senate , House of Representatives .State Capitol Nebraska, State of ...... Legislature Unicameral ._-—•••' State Capitol Nevada, State of Legislature Senate Assembly"""^ State Capitol New Hampshire, State of....; General Court Senate House of Representatives State House Ne^ Jersey,.State of. Legislature. Senate ' General Assembly . ' State House New Mexico, State of... i._.-.. .s Legislature ^ Senate House of Representatives State Capitol New York, State of V Legislature Senate Assembly • Stale Capitol North Carolina, State of.... .^^N. General Assembly i SehatS House of Representatives State. Capitol North Dakota, State of Legislative Assembly Senate House of Representatives State Capitol Ohio, State of General Assembly Senate • House of Representatives Stale House* Oklahoma, Stateof...... Legislature Senate House of Representatiyea Slate. Capitol Oregon, State of Legislative Assembly Se'riate , House of Representatives. State Capitol. Pennsylvania, Common wealth of General Assembly Senate House bf Representatives State Capitol Rhode Island and Provideilce Plantations, State of General Assembly Senate House of Representatives State House South Carolina, State of. .... General .Assembly . Senate House of Representatives State House South Dakota, State of Legislature Senate • • House of Representatives • State Capitol Tennessee, State of...... General Assembly .Senate- . . House of Representatives State Capitol Texas, State of...... Legislature Senate House of Representatives' Stale Capitol* Utah, State of Legislature .^Senate' House of Representatives State Capitol. Vermont; State of General. Assembly Senate • House of Representatives State House Virginia, Commonwealth of.. General'Assembly Senate House of Delegates State Capitol Washington, State of Legislature Senate House of Representatives Stale Capitol West Virginia, State of....:... Legislature . Senate " House of Delegates - State Capitol Wisconsin, State of Legislature Senate Assembly . Stale Capitol Wyoming, State of Legislature Senate House of Representatives State Capitol
» Unofficial; •> No ofScial name. Both "State House" and "State Capitol"'used. \06 . V THE BOOK OF THE. STATES' , ^ . LEGISLATIVE SESSIONS: CONSTITUTIONAL PROVISIONS
Years in Sessions .. Special Session •—^ •' . ' Which ' , Limit—Days Legislature Slay, Sessions / —-^ , Legislature Determine Sub- • Stale Are.Held Days on lyhich Sessions Convene Regular Special May Call Jecl Alabama ..T... Odd. First Tuesday in May» 36'^ - 36^ So ?^ vote those '. ' • ' » f •• present Arizona...... Odd Second Monday in January .' 60° 20" N'o Xo Arkansas Odd Second Monday in January 60 15 No N'o California...... Annual-^ First Mon. after first day in Jan." • None None No No '„ Colorado Odd First Wednesday in January None None No No V Connecticut.:.... Odd Wed. after first Moh. in Jan. .(') None Yes ' ^es^^^ Delaware...... Odd First Tuesday in January ' ^. 60" 30° No Yes Florida..:. Odd First Tues..after first Mon. in April 60 20^ No J^ vote ' Georgia.. Odd Second Monday in January ... 70* None .Petition Js No . . , . .' niembers'' t*^ Idaho. ..•.,.-.,...; Odd First Slonday after January first - 60 20 No No .Illinois....;...... ^ '/'Odd Wed. after first Men. in Jan. None . None .No- ' No Indiana...,;.-..... Odd Tliur. after first Mon. in January, 61 40 No • Yes Iowa...... r-Odd Second Monday in January ' -None None No No. Kansas...-....'.'.^. Odd ; Second Tuesday in January. None .None No, Yes • Kentucky...-,'...... Even . First Tues. after fir-st Mon. in Jan. ., 60-. None ' No '^'o . . • Louisiana... Even Second Monday in May ' - . 60 , 30 Petition.?^ members No . Maine Odd First Wednesday in January None ' None No Yes Maryland ' Odd F'irst Wednesday in January 90 30 , No No ' Massachusetts.... Annual First Wednesday in January -^ None None Yes Yes ! Michigan..,..,.... Odd First Wednesday in January • X&ne None No No-- Minnesota.. ,Odd ." Tues! after first Mon. in January . , *)0 None No Yes Mississippi..:..... Even ft Tues. after first Mon. in January _ None None No No Missouri .Odd ^. Wednesday after January first • None None • No- No Montana...... :.. Odd ' First Monday in January , 60 None No ; • No ' Pifebraska. , Odd ; First Tuesday in January "None- . None Petition?! , No , ' members- Nevada. ...-..:.... Odd Third Monday in January 60 , 20 : No, - No New Hampshire... Odd , First Wednesday in January None None , Ye.s . .; Yes Ne*v Jersey.. Annual Second Tuesday in January, None None No •: Yes
•'..•. '• • • : • • , • . •" , '• •• • v' v;} " •.-••• , New Mexico...'.... . Odd . Second .Tiiesday in January .' 60 . None 'NQ NO • New York ..... :. .•\nnual Wed. after fii;st Mon.in January None None No ; .No North Carolina....: Odd • Wed. after first Mon. in January , None 20- No Yes North Dakota Odd Tues. after first Mon. in January 60 None No ' ;'. No Ohio "Odd, FirstMonday in January . None None .No . No Oklahoma.-:-:---.-'.-:--. Odd Tues. after first Mon. in January None None No No' _ Oregon '.. . Odd Second Monday in January SO 20. No . Yes Pennsylvania..... Odd First Tuesday in January None None No No •;.-'•, »' . - . ' . . • • . - . - Rhode Island Annual • First Tuesday in January-: None' None ;No No .South Carolina. . . .-\nnual Second Tuesday in JanuarV None None No Yes South Dakota.... . Odd Tues. after first-Mon. in January " 60 None- No ' . . Yes «rji : Tennessee. ... .i.. • Odd First Monday in January » None' None' No No
.'•"-•• • •••••- \ Texas Odd, Second Tuesday in January Vs'°"*^ ^^ *^'o ^°- Utah.. Odd Second Monday in January 60 30 No . - No. Vermont Odd Wed. after first Mon. in January None None No Yes Virginia Even Second-Wednesday in January 60\= 30 Petition T^ , A'es « • , "• . ' • members Washington.,'.,... Odd Second Monday in January 60 None No .•; Yes West Virginia; Odd SecondW'ednesday in January 60' None Petition Js .No , < ' . ' members -Wisconsin...',.... Odd Second Wednesday in January • None None No -No Wyoming > Odd: Second Tuesday in Jariuary . 40 . None No ' • .Yes " Legislature meets on second Tuesday iti January after election ' First Wednesday after the first Monday in June. for purp<)se of organizing. .« In aggregate in. two-year term of members, '' Legislative days: . , !> Thirty-day limit." , • '• No limit on sessions without pay. j Memlicra are paid for 60 legislative days in one calendar year, d Se.ssions in even-numbered years limited to budget sessions ' ' Pay limited to 75 days regular session, 20 days special session. and other specific subjects. . ; ''• May be extended up to. 30 days by 3,''S vote in each-house, • General session in odd-numl)ered years; budget session first '• Must be extended by governor until general appropriation Monday in March in even-numbered years. pas.sed.
Ti' • • LEGISLATIVE ORGANIZE TION AND PROCED URE 107 THE LEGISLATPRS *^ V^ Numiier, Terms, and Pai-ty Affiliations
s * • \^ Total . •—^^——•• —Senate— — House —— Number . Demo- Re-pub- ' De mo Repub- of Legis . • • . State ' , fro/5 iicans . Other total Ter ll crat."! • Iicans Other Total Term lators
Total ::. . 827 880 8 1,849 . 2.537- 2.96S 20 5.784 7.633 35 0 . . 35 "4 .. 105 1 .. . 106 '4 , 141 Arizona.. 19 0 19 • •2, 53 5. .. •58 • 2 . 77 • .35 0 •35 4 97.> 3 • ...:. 100 2 135 • 11 26 (») 40 30 48- (») 81 2 121
Colorado... ,.: 8 ;• 27 • 35 4 19 46 .. 65 2 100 9 • 27 • .. .36 2 -: 45; 227 .; .. 272 2.. 308 Delaware. .6. 11 .. 17 4 11 • 24 • .:. 35 2 • 52 Florida...... :. . 38 , 0 ; . .. . • 38 4 94 1 ..• • 95 . 2 133 • •«-<. • • , ' Georgia,.. 53 I .. 54 , 2 204 I • .. • 205. ... 2 , 259 . ,v 14 30 . . 44 2 .18 41 59 • 2 103 Illinois 13 38' '51 . 4 65 88 .."'' 153 2 . 204 Indiana...:.. ... 12 38 ., • 50 4 12 88 1(J0 2 . 150 Iowa...... t. 4 46 50 4 10 98 108. 158 Kansas..... 1 39 . ... 40 4 .18 . 107 .. 125 165 Kentucky.. 21 17 .. 38 .4 69 31 100 4 138
-Louisiana, .t...... 39 0. ... 39. • :\. 100 0 .. 100 4. 139
Maine.., .. .' 3 30 .. 33 •2 • 24 127 .. 151: 2 - 184. Maryland .. •• • 18 11 .. 29 4 87 . 36 .. • 123''- 4' M52 , 16 24 40 2 96 •. 144 240 2 280 4 28 32 2 95 . . 100 2 132. • ^ • .. N'onpolitical election • 67 4. Nonpolii ical election 131 2 198 • 49 0 49 4 140 0 140 4 . 189 Missouri... 15 19 .. 34, 4 •54 100 ;. 154 2 "188 15 • 41 56 4 .*1 .59 :. 90 2 146 •. N'onpolitical election . 67 • 4:- N'onpolitical election . 131 2 198 • 8 9 .. • 17 : 4 • .27, . 12 • (>') 43 2 60 . New Hampshire .. 5 19 .. 24 • 2 • 127 . 272. .. ,399 . 2 423 New Jersey...... ^... ..; S • . 16 . . . 21' 3 12: . 48 . ..-' 60* 1 81 New. Mexico. 18 , 6 . .. 24 • 4 30 19 .49 73 New York 14 • 41 .•\in.' 56 , 2 40 .109 Am. ISO 206 Labor I •Labor 4). North Carolina. 48 . 2 50 2 107 13 .. 120 . 2 ,. 170 V 49 North Dakota 3 46 4 ,••• 2' Ill 113 ,: 2 • .162 , Ohio...... ':•:• 4 . 32 . .. - 36 • 2 16 .123 •.. 139 2 175 35- 9 44 4 94 24 ... 118 . 2 . 162 Oregon. ... 5 25 30 4 2 58 ;. • 60 ; 2 90 Pennsylvania...... 16 34 ,. 50 4 37 .168 . {'-) 208 2 25» Rhode Island...... !. 15 27 .2 • 44 . • 2 • 55 43 2 100 2-- 144 • South Carolina....:... 46 • 0 . . 46 4 • 124 0 .. 124 2 •• 170 South Dakota.. 0 35 . . 35 2 3 72 .. 75 2 110 Tennessee . . • 28 4 Ind. I 33 2 .77 la -Indi4 99 2 132
31 0 .. 31 • . 4 150 0 - , .. 150 2 181 Utah 12 . 11 .. 23 . •4 •• 21 39 .; 60 2 -83 Vermont 3 27 ... 30 • 2 24 - 219 3 246 2 276 Virginia .. 37 . 3 . :. 40 4 94 6 .. 100 2 140 Washington.. .. . 23 23 .. 46 4 •28 71 J 99 2 145 West Virginia . 20 • . 12 ;. 32 4 56 • 38 . .. . 94. 2 126 Wisconsin •, 5 .27 Progr. 1 33 4 . 12 88 100 2 133 Wyoming . , 8 19 27 . .4' . 12 44 • 56 2 83 » 3 vacancies. . . " Party of 3 member!! not designated. 108 - ; ; THE BOOK OF THE STATES SALARIES AND COMPENSATION OF THE LEGISLATORS o • , , • •_^^__ • • - . " •• . t : Salaries ——— > Salary Compensation . Stale . Regular Session Special Session Fixed by Allowance for Transportation Alabama—..... $10 per day*,'' $10 per day*;*' Const. 10c %.mile, one round trip Arizona.,,,...... $8 perday, 60 days»,'>$8 per day, 20-day limit*,'' Const. 20c a mile, one way Arkansas:. $1,200, 2 years" $6 per day, 15-day limit Const.'' Sc a mile , California $1,200 per year^^ (•) Const. 5c a mile Colorado ...... $1,000,2 years (0 ' Const. Actual travelingexpenses, one • • . round trip Connecticut $600,2 years -^ ...... Const. •. 10c a mile Delaware $10 per day, 60 days $10 per day, 30-day limit Const. 10c a mile ^ | /. Florida $6perday« $6.perday« Const. 10c a mile, one round trip Georftla....:.... $10 per day «- $10perday'' Const. 10c a mile, one regular and one O: • . extra round trit) Idaho $10 per day, 60 days $10 per day, 20-day limit Const. 10c a mile, one round trip" Illinois ; $5,000,2 years ...... S^at. 10c a mile Indiana.. .. $1,200 per year' ...... :.. Stat. 20c a mile, one round trip
• ' . • •••-.."•.'•• • . ^p', • • • Iowa.; ;... $1,000, 2 years Not over $10 per day Stat. 5c a mile ""^ Kansas $3 per dayi $3 per day! .Const. 15c a mile, one round, trip Kentucky.. $15 per day $15 per day Stat. 15c a mile Louisiana...... ; $20 per day $20 per da:y Stat. 10c a mile'= Maine.....:...; . $850 per session .$10 per day Stat. $2 for 10 miles, once each session Maryland...... $i;000 per "year ...... Const. 20c a mile' Massachusetts.. $2,500 per session Determined at session Stat. . (?") MIcbl&an. .$7.50 per day Const. . 10c a mile, one round trip Minnesota.. $2,000, 2 years $10 per day " Stat. 15c a mile Mississippi;.... $1,000 per session $10 per day Stat. 10c a mile, one round trip Missourl..%-..... $125 per month $125 per month Const. $1 per 10 miles. Round trip once each session Montana... $10perday $10 per day, 60-day limit Stat. '7c a mile -, Nebraska...... $1,744.18, 2 ye^rs None Corisl'. Actual traveling expenses, one. - : • • • • round trip Nevada...... $15 per day??; \ $15 per day Stat. 10c a mile New Hampshire. $200 per term 'I $3 per day, 15-day limit Const. & Stat. (") New Jersey $500 per yearP None * Const. Transportation by state rail road pass • NewMexico..;.. $10perday $10 per day, 30-day limit Const. 10c a mile New York.....;. $2,500 per year Const. .'\ctual trav. expi round trip 1 once a week "' North Carolina.. $600per session $8 per day, 20-day limit Const. None North Dakota.. $5 per day, 60 days $5 per day. Const. 10c a mile, one round trip . Ohio'...'... $2,000 per year 1 None , Stat. Mileage once a week Oklahoma..'.... $6 per day $6 per day Const. 10c a mile, one round trip Oregon; .... SS'per day, SOdays $8 per day, 20-day limit Const. lOcamile; • Pennsylvania... $3,000 per session P $500 per session* Stat. 5c a mile round trip, once'a • , •• week Rhode Island.., $5 per day', 60 days None i. . Const. 8c a mile South Carolina.! $1,000 per year • $25 per day Stat. 5c a'mile, round trip once a '• •• . •-•.'•... week South Dakota... $1,050,60 days $10 per day Stat. 5c a mile Tennessee...... $4 per day, 75 days $4 per day, 20 days with • Const. $4 every 25 miles '
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Texas...... $10 per day" $10 per day, 30 days Const. "^ $2.50 for 25 miles Utah..! $300 per year Included in annual salary Const. lOc a inile Vermont...... $600,2 years $6 per day Stat. 2dc a mile" Virginia $720 per session $36C per session . ^ . Stat. 10c a mile / ^ Washington.... $5 faer day" $5 per day, 60-day limit" Const. 10c a'mile, one round trip . West Virjllnla... $500 per year* None . Stat. lOcamile Wisconsin ,. $2,400, 2 years^ None Stat. lOc a mile, one round trip, 3c •. • ' a mile weekly Wyomlnfj. • $12 per day. $12 per day : Stat. Mileage per diem ,__ • Presidentof Senate and Speaker of House receive 512 per day. travel, weekly. . . . ^ Plus $10 per day expenses while in aessioHi " Not to exceed $900. » $1,300 for Speakerof House, 2 yearfl. " $4 first mile; 4 cents each additional mile each day of attend- <• Regular session years, $12 per seaaion clay plus balance to ance. $1,200; nonsessibn years, $100 monthly. P President of Senate and Speaker of House receive Js addi- • Living expenses while attending session, not over $10 per day. tional. , ' Salary payable at rate of $7 per day during both regular and i After January 1, 1949, $2,600 per year. . special sessions. ' . ' $2 per day after 60 days. ('Maximum.. • $750 If sessionJastB over one month; President of Senate and ^ Plus $S per day maintenance. . • Speaker of House, $1,000. ' President of Senate and Speaker of House receive additional ' Speaker of the House receives $10 per day. $5 per. day. " JS a day after 120 days. ' Not to exceed $150 for regular or $90 for special session, " Regular session; 10 cents a mile, special session. ^ Two round tpips regular session; one, special sessions. * $10 a day maintenance during session, ' ' In terms of fixed amounts for each member. » Speaker of House receives $2S_ per month additional; President "> Under SO miles—22 ^^ cents a mile each way, each week (mini- of Senate, $2 per day additional. ,^ ' mum $4.50 per week). Over 50 miles—4>4 cents a mile each * Plus $100 per.thbntb first six months each regular session and' way each week and $20 hotel and living expenses or extra first two months of each special session. . .
•^^ 'LEGISLATIVE ORGANIZATION AND PROCEDURE 109 LEGISLATIVE PROCEDURE: INTRODUCTION AND REFERENCE
. i . -^ :• . • • • -;. Bills Re- •^ Time Limit Pre-session ferred to <" ". for Official Bill- Bill-Draft- Bill-Draft- Pre-session Committee • .Ml; ** 5/a/e Introduction Drafting Agency ing Service'ing Manual Bill Filing House Senate Alabama. None , ' Legis. Ref. Service Yes* . No.' N'6 Speaker Pres. Arizona...... (•>) ' Dept. of Library Yes» Yes No Speaker . Pres. , - and .'^rchivies. > • Arkansas... Until last 3 days Attorney General • No ' No , No Speaker Pres. _ California...... 30 days" Legislative Council Yes» . No No Speaker Rules ^ rf ^
110 ' THE BOOK OF THE STATES ••: LEGISLATIVE PROCEDURE: COMMITTEES ANp HEARINGS
• House Must llearings Slattijhtg . ^ Interim Committees Senate Size of '. -Report Open Comms. Joint Comms. Commis.. 'Appointed Committees Committees - All to Slatf House Stnale •• _ House Senate by Speaker Appointed by • Limited by Bills Public^
Alabama,. 14 • 30 . None-standing" None •. 0(/•A-ii^»fcr;Presiden t House—statute No Dis. Senate—rule Arizona..,,.. 3(W 22 1 None • President ^ .Rule No Dis. Arkansas.... 51 41 1' Joint 1 : . • Presicfent - Rule—custom •Yes Dis. California.. 25 • .21. Id" 23 20v- • Coirini. on Rules'. Rule.;:-v''v' Yes •' Yes
-.Colorado' . . ,. ,. 42 31 None standing joint 1 ie: Resolution ,! Riile. . ' Yes'' Dis. Connecticut.. .. 36 '36 . . 36 . , Joint 6 . \-tc Pres. prolein Joirit rule;' . No 'Yes Delaware.:... ..22 26 4 N'one ' TIT Pres,'pro tem Rule'•'; "' No Yes Florida...... ,. 55 4i: None 1 0 • President (.'•) No Dis.
Georgia... 56 36' • 7 .\. 0 • President ; Idaho.. 20 IS None standing None-' •'•. -k President; ' Rule , Yes. Dis. Illinois.... 26 • 21... None Joint .26 -A- .The.Si;nate:. Custom "and No Yes • • rule IndiahaV. •42' 39 '• .•:• '2 .. None • -A- President • • Rule No : Dis.
Iowa.. .. 54 34 . , ••••4- : Joint: 1- «/;;*• • President Custom . Dis.' Kansas.. 43 43 I. • • None , :-k: President Rule Yes Dis. Kentucky. 58 38 None- None -k' Committee on Houses-rule No Dis, Committees- Senate—custom Louisiana. 39 30 Noncf None : • -k President Rule • Yes Dis.
Maine...., 7 •• 2 •• . 41,:. .. Joint 4 • President •1 • Joint rule < No« Yes Maryland... .,;. 21: 22.. None " None, President Rule No Ye.s ' Ma'ssactiusetts.. 6 4 31 None President Rule Yes Yei! Miclilgah '... 69 18 None standing 2 • 8 Committee on Rule . No Dis. Joint 6 Committees
Minnesota! 36 30 None Committee on Rule No Yc! -•r.:- '• •-... Organization Mississippi. SO 40.. 5 Joint 3 • -Lt. Governor Rule Yes Dis. Missouri... 49 23 , .4 None • Pres; pro tern Rifii Yes Drs. Montana.: 47 4.6 None standing Joint 2 cr k Special comm.'' Rule Yes Dis.
•Nebraska...... , . 14' None' None (') Committee on Rule Yes Yes Committees Nevada .:...•.:.•,*'41 26 None Joint 2 •. President Rule Yes Dis. New Hampshire. 35 25 3 .4 1 • President Rule. •Yes Yes New Jersey 51 38 9 None ir President Rule N<3-- Dis. New Mexico.'... .30 IS None, standing 1 . 1 • President Riile No Dis. New York 36 30 None Joint 21 •*• Pres. pro tem' .Rule- No Dis. North Carolina.. 49 52 None • President . Custom Yes Yes' North Dakota... 14 14 None . None Committee on Yes Dis. Committees Rule
Ohio.. -22 18 None - Joint 4 President. Rule ..;. No Yes Oklahoma.'..... 69 None Joint 2 •A- Pres. pro'tern" Rule • ' No Ye.s Oregon.. 24 30 None Joint 15 President House^-dis. Yes Yes Senate:—rule Pennsylvania... Sfii 21 0 1 Pres.' pro tem Rulei. ' • No Dis.
Rhode Island... IS 12 6 Joint 1 • -Named in rules • Rule South Carolina. 35 36 • .5 ". 7 7 •A- Elected Rule South Dakota... 51 51 None standing Joint 1 • President' Rule Tennessee 46 35 None ' None •A^ President . , None
Texas...... 43 .40 Joint 3 President House—rule Senate—-dis. Utah...... : 35 16 • None- President Rule Vermont. 26 31 . Jotnt 4 Special coriim. Rule Virginia...... 35 25 Joint 39 Elected Rule
Washington i3 30 0 - President , Rule West Virginia... 26 30 Joint 2 A- President- Rule Wisconsin 23 10 Joint 3 Committee on Rule .Committees Wyoming.. 19 21 joint 1 President Custom Yes. Di.s-. t Abbreviation: Dis. « Discretionary. Size of committee varies with importance of subject. • Joint'interim commi.ttee3.. - t. Confirmation by Senate. v-,fet-w '"'In ijractice, thoiie not acted upon reported bacic la.^it day of No rule, but custom of long stanning. session'without recommendation. Unicameral. LEGISLATIVE ORGANIZATION AND PROCEDURE s-"" 111 LMISLATIVE PROCEDURE: HOUSE AND SENATE ACTION
-Readings- '-RollCall Mandatory on Request of—^ • Majority of Members .Sfparate . Senate House ' Electric Roll Required to Pass Stale * Number Days In Full Members Members Call Device Bill'' • df— . J Alabama...... i^ Yes '3 10% present 10% present House Present & voting Arizona, .y.-." 3 Yes 1'. 2',3 ,2 No. Elected Arkansas. .^ 3 Yes' J.3 S - 'House Maj. membership each hse. California..;... 3 Ye8« • •: Yes'' Yes Assembly Elected
Colorado....;.. 3 (•«) 2.3 1 /I No Elected ... Connecticut.. ..3 (•) . 2.3 . . 1/5 present 1/5 present No . Present &:.votihg' Delaware.^. .^... 3 . («) All bills, joint and concurrent No Elected resolutions oFiorida.i 3 Yes (') " Present Present House Present GeottUa 3 3 3i 1/5 present 1/5 present No Electied Idaho 3 Yes" 3 3 3 5-^ No Present liUnois.;..,.... 3 Yes 1.2,3 Maj. elected' No Elected Indiana .< 3 'Yes' 1°. 2«.3 2 • Yes Elected Iowa.... 3 . C) 1. 2, 3> . 1 . • 1 House Elected Kansas... 3 Yes 3 . . 5, 25 No Elected Kentudcy. 3 Yes" 1.2,3" 2 2 • No 2/5 elected each • house & maj. voting Louisiana...... 3 Yes 1 ..Yes Yes Yes Elected Maine 2» Yes" 1«, 2« 1/5 present 1/5 present No Present & voting' Maryland...... 3 Yes 2 5 No Elected Massachusetts.. 3 Yes" 1/5 present 30 No Present & voting' Michigan,..:... 3 («) 3° 1/5 present 1/5 present House Elected / Minnesota 3 Yes' 1.3 1 15 Yes Elected • / 0 Mississippi:.... 3 Yes' 1. 2, 3P. 10% present . 10% present No Present & voting' A. Missouri 3 Yes - 31 5 5 No \^' Elected Montana.:..... 3 3> 2 10 •No Present Nebraska 2 W 2 Yes Elected Nevada..'! 3 Yes' 3 r 3 No Elected 3 New Hampshire. 3 (') 1 No (•) New Jersey 3 Yes • 1 Yes No Maj. membership Yes ^') ' New Mexico 3 (") 1 1 No Present • New York 3 1 1 No. Elected North.Carolina.. <>3 Yes" 1.2; 3 1/5 1/5 No Present & voting' North Dakota .. 2 Yes 2 1/6 members 1/6 members Yes Elected Ohio...... ;. 3 Yes* 3 . No Elected Oklahoma...... 3 Yes 3 1/15 present- No Elected Oregon '^ ... 3 Yes« 3' All bills . All bills, No Elected Pennsylvania 3 Yes 1.2,3 .Ml bills All bills No Elected Rhoide Island... 2° Yes" 10. 2 1/5 present 1/5 present No Present & voting' South Carolina': 3 Yes 2 ^ • 5' 10 No Present & voting' . Soiith Dakota... 2 Yes J Yesi„ 6 13 No Elected Tennessee...... 3 -Yes" • 3 .3 -^ 5- No Maj. membership each hse.
Texas. . 3 Yes 1.^,3' 3. . 3 •'". House Present & voting' Utah ••..,,• 3 Y.es» 3 Maj. Maj. - No Elected Vermont... .•; .v 3. 2 1 5 No Present & voting* Yes» 1/5 present 1/5 present Yes 2/5 elected each Vh-ginia 3 hse. & maj. voting Washington.. (-) House 2. 3 1/6 present- ''1/6'present No Elected Senate 3 West Virginia. 3' Yes» Yes 1/10' i/10 House Elected Wisconsin-.. . 3 1/6 1/6 House Present & voting' Wyoming..... 3 Yes ,Ye's> 1 • 1 No Elected * Constitutional provisions requiring special majorities, such as "> Second and third readings maiy be dispensed with by vote of a two-thirds or a three-fifths vote, for thC' passage of emer majority of elected members; ' . • gency legislation or appropriation or revenue measures not •> Except under suspension of tules. then all readings in one day. included. . Vi " Except by unanimous consent. " First reading, title only,- unless called for in full by some mem- P Requirements always waived and bills read once—before final ' ber; second reading,' title only; third reading, in full. - passage. . * Except, by two-thirds vote. 1 By title. •• Second and third readings only on separate days. ' Second reading abolished.' Rules often, suspended and rec * Bills or joint resolutions originating with a committee may ferred to committee same day as first reading. ' - ° receive.-second reading same dky. • A majority of the members oi the house shall be a quorum for ' No constitutional provision; hous&rules or custom determine doing business. But when less than two-thirds of the repre procedure. . sentatives elected shall be present, the assent of two-thirds < First and second readings same day. of thpse members shall be necessary to render their acts and ° Third reading often.by title or partial reading. proceedings valid. And not less than thirteen of the senators ' Except by two-thirds vote whereby a- bill may be read the shall make a quorum for doing business; and when less than first time, the second time by title only or in full, and the third sixteen senators shall be present, the assent of ten shall be time (which must be in full) all on the same day. ~ necessary to render their acts and proceedings valid. i First and second readings of local and private bills by title ' No more than two readings same day. * • . only unless ordered engrossed. " Assembly: May receive second and third readings same day * Senate: May not have second and third readings same day by Special provision of Rules Committee or by unanimous con without suspending rules except last day.- sent. Senate': Bills receive first and second readings upon House: Second and third readings'same day by two-thirds introduction before committee reference. vote. '' Except by three-fourths vote. ' Requirements often waived. " Passed each time read. * Except by four-fifths vote. . • • •• 112 THE BOOK OF THE STATES LEGISLATIVE PROCEDURE: EXECUTIVE VETO . Days after which Bill FaUofEill Becomes - ^-after Adjournmenl—^ Law Days after Days after (before which which . - Adjourn- Bill . Bill menl) Passes Dies Votes Required unless • unless ' unless Item Veto: in House.and Constitution Prohibits Vetoed Vetoed Signed on Appro- Senate to Pass Bills r-Covernor from Vetoing^ {Sundays {Sundays {Sundays . priation or Items Initiated Referred State • excepted) excepted) excepted) Bills. Over Veto *^ Measures— Measures Alabama. ., 6 10 • Two-thirds present Arizona'...,. ' 5 10 Two-thirds elected" • Arkansas....;..-. 5 20^ • Majority elected • California ... 10 . - • 30 • Two-thirds elected Colorado XO^ 30^ • Two-thirds elected • Connecticut...... 5« X5^ • Majority present Delaware.. 10 .. 30
LEGISLA TIVE ORGANIZA TION AND PROCEDURE 113 LEGISLATIVE PROCEDURE: OFFICIAL RECORD*
Journal ; '• ; ^—r-> Published. Shows Rulings Shows State Daily of Chair • AUVotes Checktdby
Alabama. Yes No- • No journal clerk ' , . No No Yea Piouse—Chief clerk; Senate—Secretary Yes . . Yes. Yea . Journal clerka Yea Not consistently Yes Clerk • * ( ' • • Yes ." Yes . W Legislative Reference Office; House—Clerk; Senate—Secretary Connecticut , Yea Yea. Yea Clerks Delaware Yes" Yes Yea House—clerk; Senate—Secretary Yes • • • «' Yesb House—Chief clerk; Senate—Secretary Committees on Journals ' • Yes Senate—partially Yes House—Chief clerk; Senate—Secretary Yes Partially No House—Speaker; Senate—President No , • No .; Yes House—Assistant clerk; Senate--Assistant '<"- • 'i- <- K- • • Maine '...;;.,.... >!••). • Yeah: Yesi> House—Clerk; Senate-^Secretary Y.>J3 Yea Yea Journal clerk Yea • Yea Yea Clerka ', Yes .; Yea' Final passage Clerk ,. Yes No No -House—Chief clerk; Senate—Secretary Mississippi. No No Yea House;—Clerk; Senate-r-Secretary Yes Yea Yea House—Clerk; Senate—Secretary, Montana..:,... 1.... .y No . Yes Yea Journal committee ••-•• • • 1 ' Y«! No Third reading'^ Journal clerk Nevada.. J"- •No Yea Yes . Chief clerk New Hampsliire.. l . •Yes.,. -' Yes Yea Journal ^mmittee No • No Yea ' No: • No ' .Yea Committee on Rulea and Journal Revision No " Yes Yea Journal clerk Nortli Carolina...... (') No^ "No Journal committee North Dakota...'...... Yea JVes Yea Committee Ohio.,... Yes Yea Yea Journal clerk : ~ Oklahoma Yea No .^ .Yea Journal clerk ••'No , ' Yes :, Yes Chief clerk ." Pennsylvania Yea Yea v Yes Journal clerks . Yea • ;' • ' Yea- • . Yes House—'Recording clerk; Senate—Secretary of State . South Carolina..;.' . Yea ^ Yea , Yea •• Clerk SouthDakota...... Yea Yea . Yea Legislative committee Tennessee.. .i. {•) Yea • •Yea Clerk Yes Yes ; Yea Journal clerks Utah...... Yes Yea Yea Committee on Revision and Enrolling- Vermont. •Yea- Yea Yea Clerk .. >5:s Yes ' • Yes Clerk .and journal clerk __: ;\:-^^,— j No Yes Yes House—Chief clerk; Senate—Secretary West Virginia Yes Yea . (•) Clerks and journal clerks Wisconsin Yes Yes • Yes- Journal clerks No Yea Yea Chief clerka . '' •January, 1946 • Advance daily journal printed. , • Third reading ' U.point of order is raised, all votes final passage. *> On bills and joint resolutions; in other cases, a show of five « Constitution provides for daily publication, but this is not • hands is required, done. • Daily journal prepared; printed after close of session. '• In completed journal which is not printed. "> Others at request of one member. . "» ^. 114 THE BOOK 0F_ THE STATES DATES OF LEGISLATIVE SESSIONS AND PARTIAL LIST OF NUMBER OF ENACTMENTS, 1945-46*t -Regular Sfssions- -Extra Sessions- Nutn- Num bef of ber of Acts, Acts-, Sialts Dale etc. Date. etc. Total...... /.. ;". 26,581 957 Alabama.:...... May 1, l'94S-June 30, 194St 520 Arizona Jan. 8. 1945-Mar. 9, 1945 125 Sept. 10-Sept. 29, 1945t Apr. 23. 1946-May 3, 1946t 5 Sept. 9, 1946-S«pt. 28, 1946t § Arkansas ' Jan. 8, 1945-Mar. 8, 1945 317 California. Jan, 8, 1945-June 16. 1945'' 1,690 jan'. y,'l9'46-^Feb." 19, Y946{ 224 July 22, 1946-July 25, 1946^ 6 Ck)lorado Jan. 3. i945-Apr. 6, 1945 294 Nov. 19, 1945-Dec. 4, 1945 35 Connecticut Jan. 3. 1945-June 7, 1945 • . 454 May 7, 1946-May 17, 1946t 10 Delaware. Jan. 2, 194S-Apr. 16, 194Sb 388' July 3, 1945-July 24, 1945t° Florida ;... Apr. 3, 1945-June 1, 1945 1,152 June 2, 1945-July 24, 1945'! "4 Georftia Jan. 8, 1945-Apr. 4, 1945" 529 Jan. 14, 1946-Jan. 28, 1946t 199 . Idaho. . Jan. 8, 194,SgMar. 9, 1945 219 Feb. 25, 1946-Mar. 7, 1946 47 Mar. 7, 1946 8 Illinois. Jan. 3. 1945-june 30. 1945' •735 May 24, 1946-June 14, 1946 9 July 23, 1946-Aug. 1, 1946 - 3 Indiana..... Jan. 4, 1945-Mar. 5, 1945^ .389 Iowa... Jan. 8, 194S-Apr. 12. 194S« 259 Kansas :. Jan. 9. 1945-Mar. 31. 1945 398 Kentucky. Jan. 8. 1946-Mar. 21, 1946 314 Apr. 23, 1945-May 11. 1945 Louisiana. r.. May 13, 1946-July 11, 1946 417 Oct. 11. 1945-Oct. 22. 1945 Maine. Jan. 3, 1945-Apr.-21, 1945t 628 July 8, 1946-July 26, 1946^ Maryland - Jan. 3, 1945-Mar. 30, 1945 1,110 Massachusetts Jan. 3. 1945-July 25. 1945 .828 Jan. 2. 1946-June 15, 1946t . 71311 Michigan.'. Jan. 3. 1945-June 7, I945t'' 380 Feb. 4, 1946-Mar. 8. 1946 30. July 9. 1946-July 11, 1946 5 Minnesota... Jan. 2, 1945-Apr. 19, 19451 633 Mississippi Jan. 8, 1946-Apr. 10, 1946 516 Missouri • Jan. 3, 194S-Dec. 12. 1946i 603 Montana....'..,.. Jan. 1. 1945-Mar. 1, 1945 265 Nebraska Jan. 2. 1945-May 9, 1945 260 .'\ug'. 22, 1946-Aug. 29, 1946 Nevada Jan. 15, 1945-Mar. 15; 1945 286 New Hampshire...... Jan. 3. 1945-May 18, 1945 282 New Jersey Jan. 9, 1945-Apr. 10, 1945 324- July 22. 1946t Jan. 8, 1946-Apr. 12, 1946 325 • Sept. 30. 1946t New Mexico. , Jan. 9, 1945-Apr. 9, 1945^ 167 New York. Jan. 3, 1945-Mar. 24, 1945 922 Jan. 9, 1946-Mar. 26, 1946 1,012 North Carolina Jan. 3, 1945-Mdr. 21, 1945 1,156 North I>akotu. Jan. 2, 1945-Mar. 2, 1945" 350 Ohio....: Jan. 1, 1945-JuIy 19, 1945"' 227 Sept. 1, 1945 . - 2 June 24. 1946-July.8, 1946 20 July 22, 1946-July 25. 1946 0 Aug. 20, 194.6-Aug. 27, 1946 8 Oklahoma ' Jan. 2, 1945-Apr. 26, 1945 332 Orefton .... Jan. 8, 1945-TMar. 17, 1945 493 Pennsylvania. , Jan. 2, 1945-May 7, 1945t>' 457 Rhode Island ~. ... Jan. 2, 1945-Apr. 20, 1945 347 Jan. 1, 1^46-Apr. 18. 1946t 378 July 5, 1946 5 South Carolina Jan. 9, 1945-May 5. 1945 417 Jan. 8. 1946-Mar. 30, 1946 446 .VpV. '2Vl946-.VpV. 13," 1946 J. 63 South Dakota. Jan. 2, 1945-Mar. 2, 1945 359 Tennessee. . . . Jan. 1, 1945-Mar. 2, 19451 263 Texas.. .. Jan. 9, 1945-June 5. 1945 . 510 Utah ..-.. Jan. 8, 1945-Mar. 8, 1945 170 Aug-fS, 1946-Aug. 10. 1946 17 Vermont. J 3, 1945-Apr. 18. 1945 292 Sept. 26, 1946-Sept. 28. 1946 36 Virginia Jan. 9, 1946-Mar. 20, 1946 460 Mar. 19, 1945-May 16, 194S'> 115 Washington Jan. 8, 1945-Mar.'8, 1945 28S West Virginia Jan. 10, 1945-Mar. 10, 1945 241 Mai-, is", 'l946-MarV23," 1946t "s Wisconsin Jan. 10, 1945-Scpt."6, 1945P 651 July 29. 1946-July 30. 1946t § Wyoming Jan. 9, 1945-Feb. 17, 1945 186 Apr. 15. 1946-Apr. 22. 1946 24 Alaska Jan. 22, 1945-Mar. 22, 1945 110 Mar, 4, 1945-Apr. 2, .1946 51 Hawaii Feb. 21, i945-May 4, 1945{ 290 Puerto Rico Feb. 12. 1945-Apr. 15, 1945 328 • Jan. Vl'.'1945 "" '•3: » Recessed Jan. 27, 194S-Mar. 5, 1945.} k Recessed Jan. 10. 1945-Jan. IS, 19451: Feb. 7, t945-Mar. b Recessed/Jan. 2. 1945-Jan. 16. 1945.t , 10, 1945.: • S Special sfcsaion of Senate. I Recessed Mar. 2. 194S-May 22, 1945.: •' Recessed June 2. 194S-June 5, 1945.t •n Recessed June 29. 194S-July 6, 1945.1 . • Recessed Apr. 4, 1945-Jan. 14, 1946: 1946 session called n Recessed Jan. 3, 194S-Jan. IS, 1945.1 :."Adjourned session;" " RecessedMar. 26,194S-Apr. 4. 19451; Apr. 4, 194S-Mav 14, ' Recessed Jan. 8, 194S-Jan. 22, 1945; Jan. 24. 194S-Jan. 30. 1945.: 194S.t p Recessed June 20, 194S-Scpti,S, 1945.1 « Recessed Jan. 11, 1945-Jan. 16, 1945; Feb. 23, 194S-Mar. 5. t Actual adjournment dates are listed rcKardless of constitu , 1945.{ tional limitation. •' Recessed Apr. 26, 194S-June 6. 1945.1 : Dates received from "secondary sources. ' Recessed-FehJ^.194S-Mar. S. 1945.t S Notliins received in Library of Conarress for 1946 extra ses I Recessed June 29, 194S-Sept. 4, 1945.t sions. II 1946 laws unbound; information incomplete. • Compiled in State Law Section, Legislative Reference Service, Library of Congress) in connection with work on the State Law Index. :^',.:z'<"-.-'..y LEGISLATIVE COUNCILS >^ : XEGiSLATivE COUNCILS are essentially con- First, councils provide machinery for ef- JLi tinuous joint legislative committees fectivis legislative partnership with the ex- available to study any su^bject of impor ecutive-in the formuration of public pb^ tance to a state legislature and, ideally, The representation of the legislative lead having the services of a continuing research ership of both houses on a council corn- staff with its accumulated resources, avail bines, the responsibility of the council with able for use during and. between legislative the responsibility of the majority party sessions, r. /^ leadership for effective legislation; and the . STATUS OF COUNCILS ability- of the council to convene between The twelve states in which legislative legislative sessions provides a continuing councils, or comparable agencies, are now leadership, the absence of which has de ' , functioning, a:nd the years in which they prived the legislature, as contrasted with were created are as follows: . the executive, of full opportunity for pub Kansas, 1933 Missouri,, 1943 lic service. . Kentucky, 193,6 . Alabama!, 1945 Second, legislativ^e councils, when prop Virginia, 1936 Indiana,''l945 Connecticut, 1937 Nevada, 1945 : erly staffed with a legislative reference Illinois, 1937 North iDakota, 1945 service, provide a means by which a legis Nebraska, 1937 Arkansas, 1947 lature can obtain a basis of fact upon which Pennsylvania, 1937 Minnesota, 1947 to base its deliberations. It is particularly • Maryland, 1939 Ohio; 1947 important in this connection that objec Oklahoma, 1939 "Utah,1947 : . Maine, 1939 Washington, 1947 tive, competent, adequately supported leg California; 1941 Wisconsin, 1947 • islative reference service be available not ^In Michigan a legislative couricil was only to the council,.but to the members of established in 1-963, but it vv^as abolished, the legislature in general. in 1939. Oklahoma and Rhode Island, in 1939, enacted laws authorizing legislative FUNCTIONS '~" councils. The Colorado General Interim Although legislative councils submit rec Committee expired in. 1947. Oklahoma ommendations to the legislature sometimes. and Rhode Island, in;'1939, enacted laws in the form of drafted bills, it is generally authorizing legislative/councils. In Rhode held that their properfunction does not in-. Island a council has/hot been operative. ciude the formulation of a complete legis The Oklahoma Legislative Council was lative program. Legislative councils, how activated in 1947. . j ever, report recommendations to the legis Several of the states which haye estab lature upon matters which they have been lished agencies comjjarable to legislative asked to study. councils have done" so under other names. Publication of council research studies, In Pennsylvania, the Joint State Qovern- long before a legislative session convenes, ment Commission acts as a legislative coun affords the legislators and the public great cil.- Comparable agencies have been cre er oppoftlmitil' for the analysis and discusr ated in' Maine, under the !riame of Legis sion of public issues than is usually pro lative Research Committee, in Missouri, [ vided by the procedure of interim leg-? as Committee on Legislative Research, and islative committees. Thus, in addition in Indiana, as Legislative Advisory Com to. other services, legislative councils mission. T^ JDcrform. a highly valuable educational PURPOSE function. Legislative councils provide for two A comparative table describing current • needs which have long been felt in^ state legislative councils and research commit legislatures: tees follows on pages 116 and 117. 115 ^^ LEGISLATIVE COUNCILS AND RESEARCH COMMITTEES Connec In- •• I\fn- Mary ri',„..->./•„,.,. ••• • Ala- Arkan- Cali- . niin Kansas Maine Descripiwns . ^^^^ ^^^ forma '. ticut diana tucky land ' Joint Legisla legisla tive tive '•^' /. Descriptions Minne- Mis- . Ne- Nevada North Ohio Okla Penn Utah Vir- Wash^ Wis ; sola • _' '. souri j braska Dakota homa sylvania ginia inglon consin Legisla Commit Legisla Legisla Joint. Advi tive . tee on Legisla tive tive State Joint Legisla Legisla Legisla- sory Legisla Legisla Name Re Legisla- tive tive Re- • Re tive • Govern • live Legisla tive search tii'e Counsel search search ment tive Council Council Council tive Council Council Com Re Bureau Com- Com Com Council mittee search inittee mission mission Date Established. 1947 1943 1937 1945 1945 1947 1939 1.937 1947. 1936' 1947 Membership...... ;..;... 18 20 16 11 ,25' 24 13 21 12 . Senators....'.. 1.., • 9. 10 16 5 9 12 4 9 5 Representatives.. .• 9 10 6 •14 12. 4 10 7« EJc-officio mernbers...... 2* — • • ,2» 2» Non-legislative members. .. — 3'. 14d Secretary *;.. (") -• • . -yir^- • Basis of Selectloh Selected by presiding officer. • • *.• * • ' •••• • Selected by otlier means... (vr) Gov.* Political affiliation. V) : • A.- -r^ (") $10,000 »b S12;500 $25,000 $15,000 $36,000 Annual Budftet {)) S25.O0O $110,000 $19;800 $100,000 "^ $20,000 Duties and Functions $14,250 Collection information on: State Government • .• • • • • • Legislative Proposals.... • • • • • • *•• "• Prepare research, reports. . . • (ac) • • Recommend legislation. . . . • • • • • •"• Draft bills •* . Investigate administrative agencies to effect economy • • Cooperate with.administra tion. • Tir - • Cooperate with special conj- mittees. . •. ....-.:.. :.•*• • Study, procedures of legisla ture...... • • (") • Study effect of statutory' and constitutional provisions! • • 'Study financial and person- ' nel needs of state govern ment • . Revise statutes. . • Prepare legislative program.' • • . Public report on recommen dations prior to session... • • Powers Appoint research staff..... •k • • Utilize other srate agencies. • • • • • . , Subpoena witnesses...... • • Hold hearings .' • • • • Quart. Qiiart. Quart. Quart. On call Quairt. Meetings Required. ' and Quart. and and and On call Quart. On "call and On call per yr. On call On call On call- On call Compensation . Per diem .'.... $5 $6 $10 $15 Expenses. • • • • ." Chairman and vice-chairman selected from rhembership. ; ., » In proportion to relative strength of two major, political parties in each house. ^ Each conRresaional district is represented by/four meml)era who are nominated by members •* No more than twelve members of one party. residing therein, and such rtominaliona are/ratified by a majority, vote of. the legislature. »*'Biennial ajjpropriation, double this amount. 1 • * Selected by resolution in resfwctive houses.: • , •" Commission "may render such . . . aid and assistance to the legislative branch of the gov ^ ^SP9'"*-^*' '•y governor if there is no P.O. / ' • ernment as may be requited." y OOT member from each party in each house. , ^ • ' ) . ' . ' - • ' • • • , • IfT W <¥* '1.4 LEGISLATIVE REFERENCE SERVICES Department in Charge of Legislattre Division of Department Devoted Exclusively Bill Statutory State and Capital Reference Service to Legislative Reference Service Research •Drafting • • Revision U. S. GOVERNMENT.. . Library of Congress Legislative Reference Service • SD Washington, D. C. Luther H. Evans, Librarian . .Dr. Ernest S. Griffith, Director. ALABAMA Legislative Reference Service None.. • * •• • .. Montgbrnery Cliarlea M. Cooper, Director ARIZONA Department of Library and Archives Legislative Bureau • . '* '. ' • Phoenix Mulford Winsor, Director (No separate i>ersonnel) ARKANSAS. ..'. State History Commission . Legislative Reference Bureau . ••' •AG-'- Little Rock • Dallas T. Herndon, Secretary (No separate personnel) • . CALIFORNIA. .• Stale Legislature Office of Legislative Counsel . • \. • •• • Sacramento .'.Fred B. Wood, Legislative Counsel Stale Library . Law and Legislative Reference Section Mabel Gillis, Librarian • Herbert V. Clayton * • • •• • • • • '. - COLORADO Attorney General's Department Legislative Reference Office • ...... • ••; • Denver H. Laurence Hinkley, Attorney General J. M. Evans, Director» Clair T. Sippel, Secretary* CONNECTICUT, State Library Legislative Reference Department - •. • •.... • • . Hartford James Brewster, State Librarian . Muriel A. Naylor, Chief . Executive Department. '•'.-, Legislative Research Department • • • James L. McConaughy /" , Elmer W.Ryan DELAWARE...... Legislative Reference Bureau Legislative Reference Bureau ^ •. , ••.. • •. -• Dover E^rle D. Willey, Executive Director FLORIDA....:..... Stole Library (••) • •' • • .'. • AG AG Tallahassee W. T. Cash, Librarian GEORGIA State Library None , Atlanta Ella May Thornton, Librarian ^IDAHO No legislative reference service None (-k . Boise . oo ILLINOIS.i..;,...... Legislative Reference Bureau Same ' • • Springfield Jerome Finkle, Executive Secrfctary • . INDIANA..... Legislative Bureau Sairie . . - ' Indianapoli.s Herbert P. Kenriey, Director IOWA lovia Stale Law Library Legislative Reference Bureau AG • SD SD Des Moines W. R. C. Kcndrick, LawLibrarian ---~ W. R. C. Kendrick- KANSAS Kansas Legislative Council Revisor of the Statutes and Secretary of • '• • Topeka Legislative Council, Franklin Corrlck Research Director, Frederic H. Guild , • KENTUCKY. Slate Library None .- • • !^G Frankfort Virginia Engle, Librarian LOUISIANA Slate Library ,. . None . Baton Rouge Essae M. Culver, Executive Sccreta^•y MAINE...., Slate Library • c Legislative Reference Section • . SD SD Augusta Marion B. Stubbs, Librarian- Edith L. Hary | MARYLAND...... Department of Legislative Kr/crence(B'altiniore) . Same • • AG Annapolis Horace E. Flack. Director" MASSACHUSETTS. House and Senate Rules Committees House and Senate Counsels . . ' .• . Boston r • H. D. Wiggin, Fernald Hutchins Stale Library Legislative Reference Division Dennis A. Dooley, Librarian Ethel M. Turner, Legislative Reference Assistant MICHIGAN Slate Legislature Legislative Service Bureau . . • Lansing Advisory and Executive Boards of Eugene F. Sharkoff, Director Legislative Service Bureau Mrs. Frances F. Royce, Chief, Bill Drafting . Section MINNESOTA Slate Law Library ^None St. Paul Josephine W. Srnith, Librarian MISSISSIPPI.... Slate Librdry None ". - , AG Jackson Mrs. Julia Baylis Starnes, Librarian, r . • . MISSOURI Committee on Legislative Research Same • Jefferson City William R. Nelson, Director of Research /- MONTANA. Slate Lain Library X^slative Reference Bureau . Helena Adeline .J. Clarke, Law Librarian • Mary Lois Petersen, Librarian • . : NEBRASKA.... Legislative Council Reference Division Lincoln "^ Roger y. Shumate, Director Roger V. Shiimate NEVADA State Legislature Lej^islative Counsel Bureau Carson City . J. E. Springmeyer, Legislative Counsel Slate Library NEW HAMPSHIRE ... Le^slatlve Service • AG •. • • • Concord Mrs. Mildred P. McKay, Librarian . Frances Bibik, Reference Librarian NEW JERSEY ,.. Slate Library Legislative Reference Department * SD SD Trenton R, H. McPonough, Librarian John P. Dullard, Asst. Librarian ' NEW MEXICO...... Slate Library None • .4G . • Santa Fe Arie Poldervaart; Librarian' NEW YORK Stale Library Legislative Reference Section • .... • Albany Charles F. Gosnell, Director "William P. Leonard, Acting Librarian Slate Legislature Legislative Bill Drafting Comihissioh ..... • u Speaker of the House, President of Edward J. Breslin, Secretary .Senate NORTH CAROLINA; Department of Stale Division of'Publications . . • ' • , • .... Raleigh . Thad Eure, Secretary of State E. S. Eskridge, Director NORTH DAKOTA... Legislative Research Committee Same • • •• Bismarck ,- Paul L, Agneberg, Research Director OHIO. ' Legislative Reference Board Legislative Reference Bureau • • ... .• Columbus Governor Thomas J. Herbert Arthur A. Schwartz, Chief OKLAHOMA Slate Library None • .\G* .... Oklahoma City Elizabeth C. Cooper, Reference'Librariah. Stale Library - None * AG •.•.'.. . OREGON;.. , Eleanor Stepliens, Librarian Salem Legislative Reference Bureau Leglslatlvei Reference Bureau ' • • AG* .. • ; PENNSYLVANIA.... S. Edward Hannestad, Director ; S. Ed«^rd Hannestad • Harrisburg Stale Library .1 Legislative Reference Bureau •. • • .... RHODE ISLAND.... Grace M. Sherwood, Librarian Mabel G. Johnson, Deputy Providence Law Revision Commissioner ..... • Sidney L. Rabinowitz, Assistant in Charge 7 * . of Law Revision SOUTH CAROLINA. Slate Library Legislative Reference Section . AG Columbia • Mrs. Virginia G. Moody, Librarian (No separate personnel) ' " SOUTH DAKOTA.. . State Historical Society None AG .... Pierre. Will G. Robinson, Secretary • • • • TENNESSEE No legislative reference service ' Nashville TEXAS.>. State Library Legislative-Reference Division * • •,••• .... Austin Francis IL Henshaw, Librarian Doris H. Connerly, Librarian •UTAH...... Legislative Council Legislative Council • ,' •'.• Salt Lake City Lewis Ai Lloyd, Director Lewis A. Lloyd, Director VERMONT...... State Library Legislative Reference Bureaii .• SD ...... Montpelier . Harrison J. Conant, Librarian Mrs. Shirley Chadwick, Asst. Librarian VIRGINIA Governor's Office Division of Statutory Research and Drafting ' •• -, • I.-.- Richmond Governor William M. Tuck Cassius M. Chichester, Director WASHINGTON. ... State Library None J AG, SD Olympia Carma R. Zimmerman, Librarian • f. . • Stale Law Library | None AG Mark H. W^ight, Librarian WEST VIRGINIA. Department of Archives and History None ' Charleston Mrs. R..B. Cook, State Historian WISCONSIN...... Free Library Commission Legislative Reference Library SD Madison Clarence B. Lester, Secretary Howard F. Ohm, Chief WYOMING...... Slate Library , . ' ;_ None Cheyenne Mary A. McGratli, I^ibrarian Key to Abbreviationa: •Ar-^Function indicated is performed by division named. SD—Separate department performs function indicated. AG—Attorney general's office does bill drafting. • Colorado. A director is employed on a temporary basis only, during regular sessions of the General Assembly, usually from five to six months during every biennial period. A permanent. secretary is employed continuously for the entire biennium. ^ The Florida State Library furnishes such reference service tojlegislators in so far as facilities permit. , \ .- <= Dr. Flack is also Secretary and Director of Research of the Maryland Legislative Council. > . -••^ 120 THE BOOK OF THE STATES CONSTITUTIONAL PROVISIONS FOR APPORTIONMENT OF . STATE LEGISLATURES* ^ . As of July 1/1.947 Citation: r^^ Basis of Apportionment —\ Art. & Sec. -, . * House or Apportioning Stale^ . of ConsL Senate Assembly Agency Alabama...... IV. 50; IX. Population,, except no Population, but each Legislature. . 198-203 county more than one • county at least one member; member. Arizona .-. . IV, 2, 1(1) Prescribed by constitu- Votes cast for governor No provision for Senate, redis- • tion. at last preceding gen tricting for House by County eral election, but not Boards of Supervisors. less than if computed on basis of election of 1930. Arkansas. VIII, 1-5 Population. Each county at least Board of Apportionment (Gov one member; remain ernor, Secretary of State, and ing members distrib Attorney General). Subject to uted among more revision by state Supreme; populous counties Court. according to popula tion. California. IV, 6 Population, exclusive of Population, exclusive Legislature or, if it fails, a Re persons ineligible to of -^persons • ineligible apportionment Commission naturalization. No ' to naturalization. (Lieutenant Go'vernor, Attor county, or qity and ney '•- Genieral, Secretary of county, to have more State, and Superintendent of than one member; no Public Instruction). In either more than three coun case,' subject to a referendum. ties in any district. Colorado...... V, 45-49' Population. Population. Legislature. • Connecticut... III. 3. 4; Population, but each 'Prescribed by constitu General Assembly for Senate, no Amdts. II. county at least one tion: two members provision for House. XV; XVIII. member. • from each town hav XXXI ing oyer 5,000 popu lation; others, same number as in 1874. Delaware.. . .. 11.2 . Districts' specifically es Districts specifically No provision. tablished by constitu- • established .by con • tion. stitution. Florida VII. 3. 4 Population, but no . Population, i. e.. 3 to Legislature. county more than one each of 5 •. largest member. counties, 2 to each • of next 18, 1 each to others. / Georiila... j.. III. 2; (Par. ii). Population. Population, i. e;. 3 to., Legislature "may" change Sena-' 3 (Par. ii) each of 8 largest torial districts. Shall cliange counties, 2 to each of House apportionment at" first next 30, 1 each to se.ssion after each U. S. i-en.'sus.. J others. \' • . Idaho. III. 2.4.5; One member from each Total House not to ex Legislature. XIX. 1. 2 county. i • . ceed 3 timjes Senate. Each county entitled I to at least one repre sentative, appor-. tioned as provided by law. Illinois IV. 6,7. 8 Population. Population. Legislature. Indiana... IV, 4. 5. 6 Male inliabitants over Male inhabitants over Legislature. Vtfc 21 years of age. • 21 years of age. Iowa...... 111,34,35 Population, but no _One to each county, Legislature. .:J.. county more than one and one additional member. to each of the nine most populous coun ties. Kansas.. II, 2:X. 1-3 Population. Population, but each Legislature. county at least one. "'}>'. • From Legislative Apportionment, BuK&u of Public Administration, University of California, Berkeley. California. Revised to July.i, 1947. LEGISLATIVE ORGANIZATION AND PROCEDURE 121 CONSTITUTIONAL PROVISIONS FOR APPORTIONMENT OF STATE LEGISLATURES—Continued - : • ^ _ ' As of July 1,1947 ^Citation: -Bash of Apportionment^ Ar'Cb' Sec. . House cT AppDrtionitig Stati of Const. Senate Assembly Agency Kentucky...... Art. 33 Population. Population, but 'no Legislature, more than two coun ties to be joined in a district. Louisiana..... Ill, 2^5;6 Population. Population, but each Legislature, parish and each ward of New Orleans at least one member. Maine...... IV. Pt. I, 2. 3; Population, exclusive of Population, exclusive Legislature. IV, Pt. II, . aliens and Indians not of aliens and Indians 1. 2 • ': taxed. No county less not taxed. No town_ , : ' than one nor more than more than seven ~ . , five; members,- unless ^ consolidated town. '• Maryland..,.. 111,2,5 One from" each cbiinty Population, but mini- Governor for House; no provi and from each of six mum of two and sion for Senate. districts constituting .maximum of sue per BaltimAe city. . county. Each of Bal timore, districts as many members as : largest county. Massachusetts Pt. 11', Ch. I, Legal voters. Legal voters. Legislature.. Sec. II. Art. I,- Sec. Ill, Art. 1; Amdt. LXXI • Michigan..... V, 2-4 Population. Population.* Legislature^ Minnesota.... IV. 2, 23. 24, Population, exclusive of Population, exclusive Legislature "shall have power.'- Sched. 10, 12 nontaxable Indians. of nontaxable In-^ dians,' Mississippi.... XIII, 254-256 Prescribed by constitu Prescribed by constitu Legislature "may." tion. tion, each county at least one. Counties, grouped into three divisions, each divi sion to have at least 44 members. Missouri 111,2-11 Population. Population, but each House, by county courts. Senate, county at least one by commission-appointed by .. member. governor. Montana..... V, 4; VI. 2-6 One member from each Population. .- . Legislature. ^ , county. Nebraska III. 5 Population, excluding Population, excluding Legislature "may," aliens. • • aliens. Nevada I, 13; XVII, 6 Population. Population. Legislature. Kas, New Hamp shire. .. Pt. II, 9. 11. 26 Direct taxes paid. Population,'' Legislature. New Jersey... i IV, ii. 1; IV, iil, I One member from each Population, but at least. Legislature. county. one member from each county. New Mexico... IV, (42) Population. Population.. Legislature. . .' New York..... 111,3-5 Population, excluding Population, excluding Legislature. Subject to review aliens. No county more aliens. 'Each county . by courts. than H membership, (except Hamilton) at nor more than J^ mem least one member.' . bership to two adjoin-' iug counties. ; Any county with, a moiety of tatio of population is enti which is not entitled to a representative all of the time, may tled to separate representation. send one a proportionate part of the time, and at least once Amendment adopted in November, 1942. reduces the mem in every 10 years."Rev. Laws, 1942, rU. 40; Scss. Laws, 1943, bership of the House of Representatives to not more than 400, rh. 36. and not less than '375, and requires for each representative Laws, 1943, ch. 359; Laws, 'ii44. chs. 559, 725, 733 (new . additional to the first, twice the number of inhabitants re apportionmentv. quired for the first, with the provision that a town or ward 122 THE BOOK OF THE STATES CONSTITUTIONAL PROVISIONS FOR APPORTIONMENT OF STATE LEGISLATURES—Continued Asofjuly 1, 1947 • Citation: -Basis of AppoTliontnent- Art. 6* Sec. House or Apportioning * Slatt of Const. Senale Assembly Agency ;* *: North Carolina II, 4-6 Population, excluding Population, excluding Legislature. aiiens and Indians not aliens and Indians taxed. not taxed ri but each county at least one member. North Dakota. 11,29,35; Population. Population. Legislature. XVIII, 214 Ohio...... XI, l-ll Population. Population, but each Governor, Auditor, and Secre- • county at least one tary of State, or.any two 6f member. theml Oklahoma V, 9-16 (b) Population. Population, but no Legislature. county to have more than seven members. Orefton... IV, 6, 7 White population. White population. Legislature. Pennsylvania.. II, 16-18 Population', but no city Population, but each Legislature. or county to have more county at least one than H of member member. ship. Rhode Island.. XIII; Amdt. Qualified voters, but Population, but at Legislature "may,". \ XIX minimum of 1 and least one member maximum of 6 per city from 'each town or or town. ' city, and no'town or city more than Ji of total, i.e., 25. South Carolina III;.1-8 One member from each Population, but at least Legislature. county. one member from each county. SoiithDakota. Ill, 5; XIX, 2 Population, excluding Population, excluding Legislature, or failing that. Gov soldiers and officers of soldiers and officers ernor, Superintendent of Pub U. S. Army and Navy. of U. S. Army .and>. lic Instruction, Presiding Navy. • Judge of- Supreme Court, Attorney General, and Secre tary of State. . Tennessee.... II, 4-6 Qualified voters. Qualified voters. Legislature. Texas...... Ill, 2S-26a, 28 Qualified electors, but no Population, but " no Legislature. county more tlian one county mpr6'~"tlian 7 member. • representatives un K. less populationgreat- ei- than'700.000.nhen 1 additional'represen- tative for each 100,- 000. Utah...... IX, 2, 4 Population.. Population, but each Legislature. county at least one member. Vermont...... II, 13, 18, 37 Population, but each One me)aiber from each General Assembly county at least one inhabited town, member. Virginia...... IV, 43 Population. Population. General Assembly. Washlnftton... II, 3, 6; XXlI, Population, excluding population, excluding Legislature, or by initiative. . - ^-.2' - Indians not tiaxed and Indians not taxed soldiers, sailors and and soldiers, sailors officers of U. S. Army and officers of U, S. and Navy, in active ' Army and Navy in service. active service. ' LEGJSLAXltB^QRGANIZATION AND PROCEDURE 123 ". CONSTITUTIONAL PROVISIONS FdR APPORTIONMENT OF • STATE LEGISLATURES—Concluded ; ^ As of July 1, 1947 Citation: Art. & Sec. House or . Apportioning ; Slate of Const. , Senate Assembly • , .. Agency' West Virginia. VI,4-'lO, SO Population, but no two Population, but each Legislature. ' membera from any county at least one county, unless one member. - county constitutes a ' district . •t ,.,. • ' ,*'•'- Wisconsin..,. IV, 3-5 F'opulation, excluding Population, excluding Legislature. Indians not taxed and Indians not taxed soldiers and officers of and soldiers and offi , U. S. Army and Navy. cers of U. S. Army and Navy. : ,' if Wyoming;.... III. 3; Ill-A. Population, but each Population, but eacti Legislature. 2-4 county at least one county at least one. . member. member. ••iv .^-J- =«=ta«.7,':; ~l\. •. I •'^: • 1.. • ^.' -.r-- STATE REGULATION OF LOBBYING* NDEii oiir idemocratic form of govern- on measures before that body. , Georgia U ment, lobbies have a legitimate and and Tennessee define lobbying as "any indispensable role to play. It is perhaps personal solicitation of any member of the superfluous to note that lobbies are very general assembly . . . not addressed solely active at the state level. In a sense, lobbies to the judgriient." . ~^----"' represent the public functioning in organ- -Some states do not define lobbying as iz'e^d-groups. Because some pressure groups, such but merely explain the meaning of ^ as organized minorities, thwart the public the terfn "legislative agent" and "legisla will, or act generally in a predatory fashion, tive counsel" as one. who for compensation some governmental .control is necessary. promotes or opposes directly or indirectly However, it is a mistake to defend regula- the enactment of laws or resolutiori|. by the tpry legislation^of pressure groups in a neg- . legislature or executive. In addition actual ative way only. To a certain extent, any practice in Georgia and California is in pressure groiip that e.xcrts influence on direct contradiction to their constitutions public policy is. clothed with a public jifc,-. which still contain the obsolete language terest. Therefore, ythe public in genefa^t^ that lobbying "is declared to be a crime" and those governmental agencies upon (Georgia) or seeks "to influence the vote of whom this influence is exerted, are entitled a. rQember of the legislature by bribery,- to full information concerning the activities promise of reward, intimidation or any of such groups.. Such regulation does not other dishonest means" (California), curtail the constitutional rights of free Twenty-five states now provide for pub- speech, free press, or the right of petitioii. licity.in the form of registration of Icgis- It denies to no one the right of appeal for lative agent and legislative counsel who the purpose of influencing legislation; " are employed in siich capacities/IT compen- Thirtyrfive states have enacted laws reg- sation. (See table, page 129.) The required ulating lobbying in some way—exclusiye information usually includes the name and of prohibitions against giving, offering, of address of legislative agent or counsel, by receiving bribes, which are found in all whom employed, date of employment, states. Few statutes provide clear, specific,, duration of employment if it can be deter- and nieaningful definitions of what consti- mined, and the special subject of legislation tutes legitimate lobbying;. In Louisiana t6 which the employment relates. In most and Texas a person is guilty of lobbying states the secretary of state is delegated the who privately or secretly attempts to in- responsibility of providing the docket for fluence a legislator "except by appealing to filing such information and .making it his reason." The statutes of Kansas; Ken- available for public inspection. In Ken tucky, North Carolina, North Dakota, tucky this responsibility resides with the Rhode Island, South Carolina, South attorney general, in California and Massa- Dakota, and Wisconsin apply to those who chusetts the sergeant at arms, in Oklahoma promote or oppose legislation "affecting the presiding officers of the Senate and the. pecuniary interest of any individual, House, in Florida the secretary of the Sen- association, or corporation as distinct from ate and the plerk of the House. In addition those of the whole people of the state." In to these twenty-five states, Wyoming, since Oklahoma a persom employed for a valu- 1945, requires associations only, not indi- able consideraticm is guilty of lobbying viduals, "actively engaged in the business when he/)nVa/^(y attempts to influence the of sponsoring and formulating legislation" act or vote of any member of the legislature ~^o file detailed reports of contributions and •Prepared by Belle Zeller, Professor of Political expenditures, and lists of membership with Science, Brooklyn'College, Brooklyn, New York. the State Bank Examiner. LEGISLATIVE ORGANIZATION AND PROCEDURE 125 In California, Connecticut, Indiana, Some states attempt to discouragie per Mississippi, and Ohio certificates are issued sonal solicitation of legislators. For ex —with the exception of California upon the ample, South Dakota limits the scope of payment of a fee of one to five dollars- the activities of legislative agent or counsel attesting to the fact that the legislative agent before the legislature to "appearing before or counsel has filed his name with the per regular committees thereof, when in session, son authorized to receive it. Georgia goes or by public addresses, newspaper pub to the extreme of requiring payment by the lication, transmitted to each member of registered legislative agent of "$250 for. the legislature." Louisiana—-another state every person, firm, or corporation represent that restricts personal solicitation—eY«i ed by said agent." requires that copies of non-circular letters The Oklahoma statute provides that the to members of the legislature be simul written application of the legislative agent taneously mailed to the clerks of either or. counsel must be apjaroved by a majority house. of either house before the agent or counsel Other states require that copies of writ may appear before any committee. The ten statements or briefs be placed on. file presigling ofiicer thereupon issues to each before delivery to the legislature or com- agent or counsel a card which contains rnittees thereof. In South Dakota 25 copies substantially the following statement: must be filed with the secretary of state; in " . . ., Oklahoma, . . , To the chair Oklahoma, 20 qopies with the chief clerk man, or any member of the cdfmmittee. of the house before which such person on . . . of the (House or Senate) ... of desires to appear. Since 1941 Wisconsin . . . repriesenting ... as (counsel or requirqsUiat only three copies of such writ agent) is interested in . . . legislation, and ten stat^ents be filed with the secretary - is receiving or is to receive S . , ."per ... of state befSre, or within five days after, as shown by his credentials as*presented delivering sueh statements or briefs. The to the presiding officer of the (House of state of Idaho does hot follow the usual Representatives or the Senate), and the procedure of asking legislative counsel and Q said ... is. hereby authorized by the agent to register and file the information (House or Senate) to appear before any required in most of the twenty-five states, . committee of the (House or Senate) to but stresses almost entirely legislative per make any arguments or submit any suasion through appearance before com- briefs or testimony relative to any bill or rnittees and written statements, two copies resolution relating to the said proposed of which must first be deposited with the legislation. secretary of state. (Signed)...... ! . .^. . . , A large number of statutes exempt duly Speaker of the House, aiccredited counsels or agents of cities, counties, towns, villages, public. boards, or and public institutions from registering 6 under the provisions of the law. The President of the Senate"' North Dakota law simply states on this Most of the laws require that the regis point that it doe^ not apply to any munici tration of legislative counsel or agent Aake; pality or other public corporation. Some place at a specific time—-usually one week states, Kansas .and Mississippi, for example, . after the date of employment while others specifically exempt from the provisions of simply state that before any service is en the law persons who appear in response to tered upion, such registration provisions an invitation from the legislature or com must be carried out. Written authoriza mittee thereof. A blanket exemption' is tion signed by the employer within ten granted to "citizens of the Sta •«», LEGISLATIVE ORGANIZATION AND PROCEDURE 129 In conclusion, it is important to stress —pathetically inadequa.te in most states, that modernization of legislative machin- However, more effective utilization can ery is directly linked with effective regu- undoubtedly be made of the aids and serv- latorylobbyinglegislation. Nor can enough ices which are now at the disposal of com- emphasis be placed upon the value of mittees and individual members of the permanent research facilities for legislators legislature. i STATE REGULATION OF LOBBYINjnG* Laws Legal ,—: PiinclUies for Violations :—: , Limited Distinction: Three Years To, . Registra "Counsel" • Disbarment Corrupt tion : and Report . Imprison- After Slale . Practicesa Required "Agent" Required Fines menl • Conviction Alabama...... ;. .... Not less than 1-2 yrs. .' .... .-• '*• ., ' $500 and Arizona.. .\ • Not over .... •••• 5 yrs. Arkansas.. .-..:'....'y .... •• ...... • .... ' ' .... \ .... *': ...... • .. .,.• • . ..-..,..• .";..-', • • -^ • r '••••'. Connecticut. N'ot over Not over .... ', * • ' * • \ •" • • $1,000" and/or .lyr. . • '• . '- . '• • Florida.... *, .....; .... • Not over . i.. •\- • 20 yrs;-i . • .... . •.;•*• :... Not over :. Not over ...... '• \ SI,000 and/or 6 inos. • • Idaho'.. Not over Not over ;;.-. " *•-.'•• • .'•••••. ••;•-•• \ $200 and ;• 6 rubs. • ••"•..... lUinols Y .... ". ..-.; •• ;•••...... •. - ...... Indiana...... •\ • • ••..: • $200- 3 tnos.- .... $1,000 or .1 yr. . --• •1. - ;•...,. .. • ..... Kansas. ;• - • Not over Not over ' •*• $5,000 and/or 1 yr. Kentucky. Not over , Not over ' •....". - . • A •. *. • $5,000 and/or * 5.yrs. • .-; Not over Sl.OOO" • •;... $20O-$2,000 6 nios.'- .... and 2 yrs.f . .. ; •Maine.... .^...... • • * ^ -•••-•. $10Q.-$SOO '.•.••. •.-... .' • * .•-. • • . • $10O-$l,0O0 • ••• • $100~S1.000 • « " *•-""'• . ••-•-. . * ' .... •...,.•• ....•• •- • • • ...... . .;...•, •• ...; " ^ .... .•••; •.'...•. .•• • Mississippi ... •. ' • . ,•. •. Not over '. ..;. • 3 yrs.h. • . Not over • Not over . .:.. $1,000 and/or 6 mos. Missouri ...... $100-$500 10 da.- .... ,'•. *• •-. and 1 yr. . •• •".:. Montana.. . ;, • •/ •.•...., . . . .• ' • , • •.- • Not over .... S yrs. Nebraska...... ,..:'... ;... •• • _ Not over Not over .... ••••• • ••*•'.' $1,000" and/or . 1 yr. 130 THE BOOK OF THE STATES STATE REGULATION OF LOBBYING*-Continued Laws ' • Legal . -Penalties for Violation • Limited • Distinction: Three Years to Registra- "Counsel"' Financial Disbarment Corrupt tion . atid • Report Imprison- ' After, Stale Praclicesa. Required "Agent" Required Fines ment Conviction Nevada New Hampshire... Not over Not over $1,000 5 yrs.d , New Jersey New Mexico, New York....;..... ,'. .1. Not over . Not over • • $1,000= and/or ;. 1 yr. Nortli Carolina. • $50-$1.000 " Not over . and/or,. 2 yrs. • North Dakota...... $100-$1,000' • $200-$S,000<' ..,',, Ohio...... $200-$5.000 U2 yrs. and/or Oklahoma..,..;... $200-$ 1.000 10 da.- or. 1- yr. • * ' • • Oregon S50-iSS00or 3 iii6s.-l yr PednsylTatiia...... • $100-$1.000 ..... Rhode island...... $200-$5.000o South Carolina..: . .$25-$100 or ..Notover- aodal'^". South Dakota...... $100-$ 1.000 •...... $200-$S,000« ;2-S yrs.' Tennessee... ..; • ,-•••••. Texas....,.,...... , r $2OO-$2.0OO 6 mos.- .. .and . 2 yrs.' • Utah'...... JS0O-$10,000i N'o\ over S yrs. Vermont.... ,.,. • $100-$500 ..... • Virginia... $50-$1,000 Not over and/or' 1 yr. Washington... . West Virginia.... . $S0^$200 and I 10 da.- . 6 inos. Wisconsin $100-$ 1.000k .; • • • • ' . $2OO-$5.0O0» Wyoming'...... ». Exclusive of bribery. Provisions may also be found in the while in session, fine not to exceed $100 may be imposed. constitutions of the following-states: Alabama, Arizona, Massachusetts provides that disbarment run until the ter . Arkansas, California, Colorado, Delaware, Georgia, Kentucky, mination of the third regular (annual) session. Ixiuisiana, Maryland, Montana. New Mexico, North Dakota, Longer term in state prison'or ~;nitenUary, shorter term with . Oklahoma, Pennsylvania, South Dakota, Texas, Washing- or without the fine in county j-tl.. _ ton. West Virginia, Wyoming. Compensation on a contingent basis and failure to make •" Required by the rules of the California Senate and Assembly.' known an interest in. legislation ispunished by imprisonment No punishment by-fine and/or imprisonment is provided in of not more than one year or by fine not exceeding $200. the rules. No person may appear in legislative chambers or Fine imposed on corporation or association only. before any coinmittee thereof on pending legislation unless he Applies to legislative counsel or agent only. A legislative has'first registered and received ce'rtificatcfrom sergeant at counsel or agent may be punished for the special onense of arms. attempting "personally and directly" to influence any mem ^<^ In addition, a corporation or association must, file a state- ber of legislature, by a fine not exceeding $200 and imprison .ment of legislative expenses'within the time required or for ment not exceeding six months. In 1933, Wisconsin provided feit $100.for each day thereafter until filed. a fine of not less than $500 nor more than $5,000 for violations ? In Florida, offense for swearing falsely is perjury. In New of a law regulating the use of money for published articles in • Hampshire, prison term is provided;for filing false statement. newspapers and other periodicals on matters pending before . • Applies to Individual (other than legislative counsel or agent), the legislature. - . corporation, or association. In Kentucky, fine up to $5,000 Since 1945 Wyoming requires that associations actively en- for second offense, and, if a corporation, its charter may be iaged in sponsoring and formulating legislation file detailed • ^ revoked by court. fi'sts of contributions and expenditures with the State Bank .' Prison term may be added at discretionof the court or jury. Examiner. . In Louisiana, for unlawfully going upon floor of legislature • Prepared by Belle Zellcr, Professor of Political Science, Brooklyn College, Brooklyn, New York. >-.. ff* > 8 Le^i on TRENDS IN STATE LEGISLATION—1946-47 ^•:-^'-'••••••••'••- --.^••::•••:.••:;- •"r-l.'-^-r:::' • HE DEMANDS of national defense arid all- sippi, and Virginia. In addition," Louisiana, Tout war gave way to the problems of Mississippi, and Virginia met in special postwar reconstruction and development session, . . in the state legislative sessions of 1946 and 1947. Assisting the returning veteran to re y AVIATION sume his civilian pursuits,^ maintaining Almost all of the states meeting in 19.46 and increasing the educational and welfare and 1947 enacted legislation affecting some services demanded, of the states, carrying phase of the development or regulation of on anew the large highway and institu aviation. Much of the legislation enacted tional construction programs temporarily was based on.the model bills developed by interrupted by. the war, reorganizing the the National Association of State Aviation administrative and legislative structure of Officials and the Council of State Govern the states, iand searching for new sources of ments. state and local revenues in the face of In 1946, Massachusetts and Wyoming mounting expenditures and dwindling re enacted measures requiring that federal serves—these were the major subjects pf in; grants for public airport construction be, terest to state legislators during the first channeled through established state avia peacetime biennium since the 'thirties. tion agencies, and that project applications Eleven legislatures met in regular session for su'eh "grants be approved by the state in 1946, including those of Georgia and agencies in accordance with state- airport Missouri whose 1945 sessions extended into plans. Similar laws were enacted in 1947 1946. In both instances the.legislatures by the legislatures of twenty-four states were engaged in implementing new consti Indicative of the increasing responsibili- tutions. Also meeting in regular session in .ties of the states in developing adequate air 1946 were the legislatures of Kentucky, facilities, Kentucky'and Virginia in 1946 Louisiana, Massachusetts, Mississippi, and at least twelve other states in 1947 set. New Jersey, New,York, Rhode Island, up or expanded their aeronautics commis South Carolina,' and Virginia, Eighteen sions.'And the legislatures of Maine, Mas legislatures m^t in special session in 1946, sachusetts, Minnesota, New Hampshire, a marked reduction fro'iii. the thirty-three New Jersey, New York, Perinsylvania, and which met two years earlier. Illinois, in 1947, appropriated state funds In 1947, legislative sessions were held in for the development of airports. " all states but Kentucky. These included Several states in 1946, and Georgia, In regular sessions, averaging a little over diana, Maryland, Ndrth Carolina, Okla three months each, in forty-four states, ex homa, Texas, and West Virginia among cluding only Kentucky, Louisiana, Missis^ others in 1947, adopted the model Munici 1 See p. 473 for article on veterans' legislation. pal Airports Act to enable municipalities to 131 132 THE BOOK OF THE STA TES carry out certain obligations under the for the purpose of further increasing the Federal Airport Act. In addition,; Georgia state appropriation for teachers' salaries, and Kentucky, in 1946, and Idaho, Mon for school building programs, and for the tana, Oregon, and Texas a.year later en , school lunch program since federal funds acted model airport zoning legislation. had been exhausted. Reciprocal airport legislation to permit Almost every legislature meeting in reg- cities to construct and operate airports in ,ular session during the 1946-47 biennium adjoining states was adopted in 1947 by authorized salary increases for teachers. In Indiana, Kansas, and Missouri. The Indi addition, in 1946, Kentucky passed a schopl ana law, for example,/provides that mu teachers' retirement bill while Rhode Is nicipalities near the st^te boundaries may land raised teachers retirement benefits. \establish airports outside the state and co Both Kentucky and Mississippi authorized operate with municipalities of adjoining a thorough investigation of the state educa statess^in building joint airports, and en tional systems, a step-which Idaho, Mis-, ables out-of-state border cities to construct souri, Texas, and twenty other states took airports i"n Indiana. Airports constructed during 1947 legislative sessions. The 1946 in accordatice with this statute would be Mississippi session outlawed high school subject to the aviation laws of the state in fraternities, and made a 30 per cent in which the airports are located. These 1947 crease in educational appropriations with laws are similar in intent to earlier enact funds allocated for more salaries and addi ments of Kentucky, Minnesotaj and Wis tional buildings including a new vocational consin. college to train Negro teachers. The Vir-' . Increases in the numbers of private fliers ginia legislature gave initial approval to a led to the extension by several states of proposed constitutional amendment which safety laws to cover air traffic. A South Da would permit city and county consolida kota law of 1947 declared it unlawful to tion into single school divisions.. . ' operate an aircraft while intoxicated, while Higher minimum salary laws for teachers an Iowa law of the same year declared such were adopted by a nuriiber of states in an offense a misdemeanor, and also banned 1947. Arkansas raised its minimum to the operation of an aircraft in a reckless 12,100 for a teacher with a college degree,, and careless manner. The 1947 Tennessee having the teaching certificate for which General Assembly provided that air traffic the degree is required; the same state pro violations shall be siibject to trial by local vided state funds to defray in part the costs courts, arid applied state laws in such cases. of suriimer school training for teachers. California, by constitutional amendment ' . : ED'UGAflON in the fall of 1946, raised its minimum for all teachers from $1,800 to $2,400 per yeaf. No single subject c^rew greater attention Laws raising minimum pay rates foi^ teach ; during 1946-47 sessions tliah did the needs ers also passed in Indiana, Maine, Mary of education. State appropriations for edu land, New Jersey, New York, Pennsylva cational purposes were increased tremen nia, Texas, and Washington, among others, dously as a result of this concern. In par while many other states provided specific ticular, attention—and appropriations— bonuses or permanent annual increases. were directed to the raising of teachers' Among these was the Tennessee bonus of salaries. Numerous special sessions were $300 a year to all public school teachers called specifically for^ that purpose. • and administrators, retroactive to the be In 1947 sessions alone, some"thirty-fiye ginning of the, 1946-47 school year, and a states took action to increase teachers' in bonus ranging from $600 to $750 to teach come. In a dozen states for which compar ers in Washington for the 1946-47. year. able figures were available, these salary Rhode Island providedi an annual perma raises averaged-about $450 a year. nent increase of $600 to each teacher in In 1946, the Louisiana legisla:tive session that state, in addition to "tenure" w^ich provided a §25 millipri increase in funds they enjoy as a result of a 1946 enactrrient; for schools and was dubbed, accordingly, a •'school-teacher session." A year later, the . Georgia increased salaries about 50 -per Louisiana legislature met in special session . cent and North Carolina about 30 per cent. LEGISLA-TION 133 Other benefits granted teachers include needs, and to license hospitals were passed the establishment of a teacher retirement in 19474by Arizona, Arkansas, Colorado, • plan in Vermont and the extension of the Idaho, lowia, Kansas, Montana, Nebraska, system in Wyoming; and increased retire Nevada, New Mexico, North Dakpta, Ore ment allowances in West Virginia and sev gon, Tennessee, and Texas. Statutes were eral other states. passed in several states both years provid Largely as • a result of such authoriza ing greater inspection and regulation by tions, especially in 1947, state expenditures the state of hospitals, nursing homes, and . for education mounted rapidly. In North homes for the aged. Carolina, for example, salaries accounted The treatment of mental sickness was for SI 02 million of the total appropriation given consideration by a number of the of $128 million for schools. New Hamp states. Legislative sessions of 1946 in Cal shire in 1947 increased state aid to public ifornia, Massachusetts, Michigan, and Vir schools, including high schools for the first ginia provided additional facilities for the time, some 500 per cent. The 1947 Idaho treatment of the feeble-minded and those appropriations of $8 million for the public affected with nervous and mental disor schools compared with $3,025,000 for the ders. Louisiana enacted a mental health • comparable^period immediately preced act to" provide, for the study and treatment ing, while Massachusetts increased state aid of such diseases, for schools in 1947 by about $25 million At least three states in 1947—Wisconsin, annually. Pennsylvania, and Massachusetts—under Measures to reorganize the school sys took to study, treat, and rehabilitate alco tem passed, in Idaho, Indiana, North Da holics. The Wisconsin legislature created a kota, and Wyoming, while educational op bureau of alcoholic studies in the state wel portunities were extended in some, states fare department, while study commissions such as Tennessee where school attendance were designated in the other two states^ was made compulsory for children between Connecticut has been working in this field ^ seven and sixteen years of age. Texas un for some time; and Alabama, New Hanjp- dertook to provide additional facilities for shire, and New Jersey carry on similar ac Negro education, including the establish tivities.; " ' ment and support of a university for colored The increase of sex crimes in recent years students; an Agricultural and Mechanical led the Wisconsin legislature to adopt a College for Negroes;, and.interim educa law designed to hospitalize potential sex tion of colored people until the new schools, criminals before they can commit crimes. are opened. The Texas legislature also ap On the assumption that sexual psycho proved and referred to the voters a meas paths are mentally ill, special court exam ure to authorize a $50 million long-range inations are provided on petition of the dis- program for fourteen state-supported col-- - trict attorney of persons suffering from leges, exclusive of the University of Texas emotional instability or lack*&f cu^toHr^ry and the Agricultural and. Mechanical Col standards of good:judgment so as torender lege of Texas. them irresponsible for their sextial conduct. . The School Lunch Act was adopted by The law provides safeguards for the individ ' many of the states. ual and the right of appeal. Increasing sex crimes led many other states including- HEALTH AND WELFARE Massachusetts and New Hampshire in A number of the states in 1946, includ- 1947 to create study commissions looking .ing California, Michigan, Mississippi, Ne\v toward action iii later sessions. York, South Carolina, and Virginia, fol The problems of youth, and partrdularly lowed recommendations in the legislative of juvenile delinquents, led to action by program of the Council of State Govern about twenty state legislatures in 1947. ments by authorizing hospital construction Most of the legislation in this field is de surveys and by providing for the acceptr signed to eliminate conditions which lead^ ance by the state of federal funds for such to delinquency, and to renabilitate the de-"~ inventories and construction costs. Similar linquents. The Missouri General Assembly measures to provide for surveys of hospital . reformed the methods^ for dealing with de- •jr—- •V-T •w >i' 134 THE BOOK OF THE STATES «a> linquents by abolishing the old system of . At least twenty-five states in 1947 amend-\ commitment by the courts for definite ed their workmen's compensation laws to terms, and substituting a method of com increase disability=-and death benefits and mitment to the State Board of Training to provide additional coverage. Fiye states Schools for indeterminate periods. The —Iowa, Nevada, South Dakota, Tennes Board, in turn, places them in. the insti see, and Texas—amended their laws to pro tution best adapted to their cases, where- ^ vide-compensation for employees disabled • upon they are Under the supervision of by occupational diseases, raising to thirty- the State Director of Education under a eight the number of states thus insuring program whose primary aim is rehabil their workers. All five laws include silicosis itation; as well as other diseases, and-New York in A Youth Service. Division of the state creased its compensation to silicosis victims. welfare department was created in Wiscon The Nevada law also made its compensa sin and a Children's Commission in Flpr- tion system compulsory rather than elec ida, the purpose of the latter being to effect tive, and applicable to employers of four or cooperation between public agencies and more persons. Other 1947 changes included citizen-sponsored services in the field of the payment of compensation in Delaware youth welfare and guidance. The Massa for the entire period of disability instead of chusetts General Court provided for a limiting it to 500 weeks, and the removal state-wide juvenile court syslfm with spe by the same state of its $200 (failing on cialized judges and probation officers medical services for employees; increases in trained in youth guidance. Agencies for rhedic.al and hospital benefits in -Iowa, youth guidance created in earlier sessions Kansas, Maryland, New Mexico, and were cpntinued.in 1947 in California, Illi Rhode Islajid; and additional benefits In nois, ajid New York. North Dakota and other,states. - . , . . Louisiana took action to aid young people, An Arkansas Occupational Diseases Act while commissions to study youth prob of 1947 is designed to improve health con lems were established- in Arkansas, Colq^ ditions in industrial establishments, while rado, Kansas, Maryliand, Oklahoma, and the same state enacted a law providing Oregon. In 1947^ similar study commis compulsory prenatal physical examination sions, were established in Massachusetts, of pregnantiwomen for syphilis. South Da Michigan^ and New Jersey; and Mississip-.,.',, kota, VerniojQtj and West Virginia were pi set up a system of Youth Courts. among the states which adopted the Second Btoad programs to improve welfare.pr- Injury Fund amehSfhent to' their work ganization and adrninistration wei^e en-,, men's compensation systems, at the recom acted in New-York and California in 1946, mendation of the Council of State Govern-, involving new traimfig centers for the blind, ments. The Tennessee General Assembly improvenient of child careTcenteVs, and im- . enacted a state-wide standard building proved inspection of homes for the aged. code for fire prevention, based on the latest The year 1946 also saw,the creation of an edition of the National Board of Fire Un-^ Advisory Commission for the-BHnd in^^. dervvriters Code. And the Texas legislature Kentucky together with legislation to-eiT^' authorized the establishment along the able establishment of joint city and county, Mexican border of livestock quarantines to boards of fiublic welfare. Ohio, Nebraska, prevent the outbreak of the dreaded fopt and Mississippi were among the states and mouth disease. which also increased the arnount and im Legislation in. 1947 added Delaware, proved the administration of blind aid dur Kansas, and Montana to the states requir ing the same year. ;•• • ;^ ing premarital tests for syphilis, and a Col-^ ' Most states-in session during 1946-47iri- „,or.ado law forbids all but physicians to ti"eat ;crea§^d allowances for old age pension-as venereal diseases^^The Tennessee legisla sistance, aid to the blind, or aid to'depend ture provided funds for care of tuberculosis ent children. Adoption laVvs were revised, victims, and Wisconsin adopted a law pro or study groups to recommend" reyisiun of viding free care for tuberculosis-patients laws'affecting children, were created, in. a who have legal settlement in the state. West nuriiber of states. ' ft Virginia, Delaware, Minnesota, Indiana, -•-•f :t LEGISLA TION 135 and New York were among the states pro One of the widely discussed plans in viding increased funds for local public highvyay construction was the S2 billion, health activities and for state health and ten-year highway program authorized in welfare centers, 1946 by the California legislature. The plan Extensive reorganizations of state wel calls for improvement or reconstruction of fare administrative setups were designed in more than half of the state's highways, as large measure to coordinate activities. Such well as a;dding several score miles of heavy- reyisibns occurred/in 1946 in New York, traveled routes to the state system; and in Missouri, and Virginia; arid in 1947 in addition it provides for the assumption Colorado, Montana, New Jersey, and Wy by the state of^maintenance of state high oming. ways' within cities; Several taxes were Housing shortages, particularly in met increased or added to provide funds for ropolitan areas, and the threatened termi the program, i nation of federal rent controls led to legis Nine of the states which met in 1947— lative action by a number of states. Follow California, Colorado, Georgia, Maryland, . ing siinilar action by New York, and Cali New Hampshire, New York, Oklahoma, fornia, among others, the Illinois General Pennsylvania, and West Virginia—author Assembly in 1-947 provided a grant of S20 ized construction of new toll roads or the million for direct state aid to city programs extension of existing turnpikes. Similar leg for housing and slum clearance. A Massa islation was defeated in several other states. chusetts law-of 1947 made that the first The legislatures in a number of states cre state to authorize erection of prefabricated ated study commissions tojecommend plans housing on a state-wide basis, directly un and programs for highway development der state control and sponsorship regard and solution of traffic problems to later ses less of local building code restrictions. In a sions. Amqrig these were Maine, Minneso . move, to stimulate slum clearance by mu- ta, Nebraska, Indiaria, and New York. -nicipalities^, Minnesota became the first In general, 1946-47 appropriations to state to empower, all of its municipalities highway departments were considerably to levy a special redevelopment tax to fi above previoiis appropriations, due pri nance such clearance. An earlier Indiana marily to resumption of construction, the law was siiriilar, but applied only to Indi- large amount of work deferred during the .. anapolis. The Minnesota'statute provides a war years, and the greatly increased costs property tax, limited to the amount of ten of materials and labor.. cents per SI 00 .property valuation for the ,\ln 1946, bills liberalizing vehicle sizes first two years, and to five cents there and weights passed in Kentucky, Massa after. chusetts, Mississippi, and New York. These A number of states in 1947 adopted or ' changes tended to bring the states' regula extended rent-control statutes. These states' tions into conformity with emergency incliide Connecticut, Illinois, Marylandj standards established by gubernatorial Missouri, New Jersey, New York, Virgin proclamation during the war. Similar laws ia, and Wisconsin. Cities in California and passed in 1947'in Alabama and Michigan a number of other states initiated controls among others. Size and weighjt restrictions, under earlier grants of broad public health in many instances, were barriers to inter-- •\.- arid safety powers, in order to regulate the state commerce before the war. Almost all increases in rentals; •, of the states have now continued their war- tirrie uniform size and weight standards in HIGHWAYS AND MOTOR VEHICLES order to maintain the free interstate flow In the highway and motor vehicle field, of highway commerce.. the notable developments in T946-47 ses State and national safety organizations, sions were: increasing appropriations for as a result of mounting highway tolls in construction purposes; the trend toward deaths arid\accidents, urged the adoption uniform requirements and regulations; and by state legislatures of more stringent safety measures to assure a greater degree of high regulations. The Texas legislature enacted . way safety. AH the states were concerned the Uniform Traffic Act on the closing day with these developments. of its 1947 session, raising to thirty-three y 136. THE BOOK OF THE STA TES the number of states enforcing the uniform and Driver Improvement in the Bureau of code. Minnesota and Indiana adopted ex Motor Vehicles' while the Oklahoma legis tensive; amendments to bring their laws in lature" reorganized its Highway Commis line with the uniform code/while Connec- • sion and created a Department of High ticiit, DelawarCj Iowa, Maine, Montana, ways; and the Texas legislature established New Mexico^ Wyoming, and half a dozen a Director of Safety Education under the other'states amended their traffic lawsl Static Department of Education. NiDrth Dakota; and Massachusetts adopted ':••_ Of special interest.to state vehicle ad the requirement that all traffic stop for ministrators was a Missouri law of 1947 set-; school buses loading of discharging passen ting up a system of permanent automobile gers. / registration effective in 1949, whereby per Drivers' license laws were strengthened manent license platies will be issued and • . along lines indicated by the Uniform Ve each year owners will buy a new detach- hicle Code in Montana and Wyoming and iable tag to demote the yeiar of registration. a number of other statesj while Indiana, Issuance of the tags will be staggered Oregon, and Wisconsin now require that throughout the year, so that only one- / cases of epileptic drivers be reported to li twelfth of them will fall due in any month. cense administrators. Among stringent . A new, sirhplified system of computing li punishments now assessed for negligence in cense fees was introduced in Wisconsin, driving is the Indiana penalty up to six which eliminates the old system based.on -nionths in jail and a $500 fine for driving road weights and age of vehicle, and es while intoxicated. A 1^47 Nebraska law set tablishes a flat annual fee of $16 for all new maximum penalties for ireckless driv cars except those whose license rate pre ing; thirty days in jail, a $100 fine^ and loss vious to passage of the act was below that of diner's license for one year for first-time amount. • ' ; offenders,.and a three-year sentence in the state penitentiary for.third-offense drunken INSUR.^NCE Z""' drivfers. A great dealjofthe time of 1946-47 legis Kentupky became the thirty-eighth state lative sessions was devoted to bills regulat to enact the Uniform Motpr Vehicle Safe ing the. business of insurance. Most of this ty Responsibility Act in 1946, and six states interest was stimulated by the decision of including Idaho, Iowa, and North Carolina, the U-S.""Supreme Court in th^ South-East approved amendments to bring their acts ern Underwriters Association casQ{\944), and-, closer to the iiniform act in 1947. Financial by PubUc Law 15 (1,945) which apparently responsibility laws were adopted in 1947 promised the extension of«^ederal regula for the first time in Florida, New Mexico, tion to the insurance business at the end of and Wyoming. 1947 to the extent that such business was ^ ..In addition. North Carolina in 1947 not regulated in the public interest by state added the requirement of periodic state agencies under state laws;' The National wide safety inspeQtion of motor vehicles, Association of Insurance Coinmissioners, and Illinois and California provided for the Council of State Gbvernments, and a courses in. the public schools for driver joint All-Industry Committee representing training, j^ehnsylvania authorized elemen most of the ihsuraiice business recommend tary and secondary schools to provide for ed the adoption of laws to regulate con teaching of safe driving principles. certed practices in the business^ .as well as Sessions in 1946 saw the passage; of legis to regulate and control unfair practices. lation in Louisiana and New York estab These recommendations were cdnsideredin lishing a SOrmileperliour state speed limit, all of the states and were the basis of legis and a comprehensive highway safety pro lation 4n most of them, during. 1946 and gram under the newly created state Divi 1947..,;." • ;.• sion of Safety in the laher state. The Indi To a large extent, th6 legislative discus ana legislature in 1947 established a Traffic sion hinged on joint of. concerted activities : Safety Commission empowered to plan and among insurance companies, notably in thie conduct a state-wide safety program, and. fire, marine, casualty, surety, and allied created a Division of Safety Responsibility lines, which seemingly precluded competi- •/. \ V LEGISLATION 137 tion. Accordingly, Kentucky adopted laws Strikes by employees of government were covering all of these fields in 1946, vvhile legislated against by ^bout ten states in Louisicina enacted one pertaining to inland 1947; in some cases these statutes also ap marine insurance, and MississiiDpi one reg plied to strikes against public utilities pro ulating the casualty and surety fields. These ; viding power, gas, and transportation or laws were designed to provide the degree of communication services—in recognition of state regulation required ill the public in the degree to which such activities aflect terest. - : . : the public welfare. Virginia Ijanned strikes In 1947, laws to regulate the major fields • of public employees generally in 1946. Ses of insurance in which concerted practices sions of 1947 in Michigan, Missouri, Ne obtained were enacted in Arizona, Arkan braska, New York, Ohio, Pehrisylvania, sas, California, Colorado, Connecticut, Del arid Texas, took.similar action. Minnesota aware, Georgia, Illinois, Indiana, Iowa, and Washington outlawed strikes bv cer- Maine, Massachusetts, Michigan, Minne tain public employee groups in 1947. sota, Montana, Nebraska, Nevada, New The New Jersey legislature in 1946 en Hampshire, New Mexico, North Dakota. acted a comprehensive law governing the Ohio. Oregon, Pennsylvania, South Caro industrial relations-of public utilities, and lina, South Dakota, Utah, Vermont, Wash authorizing the governor to seize and op- ington, VVisconsin, and Wyoming. lerate any utility during mediation of labor '^ The Washington law took the form of a disputes. La\vs restricting imionsaTid out new insurance code which also contained lawing picketing'in certain instances were regulatory provisions concerning unfair passed by Louisiana and Virginia in 1946, practices. In addition, Idaho, Kansas, and while voters in Arizona, Nebraska, and West Virginia enacted new regulations of.. South Dakota approved "closed shop" pro^ the fire and marine insurance fields only. posals in November elections during the Florida approved an enactment regulating same year. At the same tirriej Massachu activities of joint insurance advisoryorgan- setts voters legislated (directly to require that izations. . ' labor unions make public their financial To safeguard the purchasers of insurance reports. ° r , against unfair practices in general, In In 1947i at least eleven states enacted diana, Maryland, Massachusetts, Michi laws to prevent strikes.or lockouts in public gan,. Minnesota, Nebraska, New Hamp- , utilities, W'hile arbitration of such disputes shire. New Jersey, New Mexico,,South Car was made compulsory in Florida, Indiana, olina, South Dakota, and Tennessee also.,v Michigan, New Jersey, and Pennsylvania,. enacted new regulations \n\ 1947. Im-'* arid a court of industrial relations was cre-^ portant reorganizations of the state insur ated in Nebraska io handle disputes involv ance regulatory agencies Vverc: enacted in ing government or utilities. New laws of Idaho, New Mexico, South Carolina, and 1947 in Massachusetts, Missouri, New Jer Washington; while New York, with the sey, and Virginia gave their governors pow , longest record of extensive state regiilation er to. seize and operate" utility installations of insurance, legislated to make its rating which were struck or locked putj while services available to other states. Florida and Missouri laws provided penal ties up to SlO.OOOa day against both union LABOR and employer for strikes or lockouts. The .^Widespread disputes in commerce and Virginia law of*1.947 Avas specifically de-. industry following the terminatiort. of hos signed to encourage peaceful collective bar tilities in 1945 together with the search for gaining and to discourage state seizure, by .new formulas to govern_labor-management placing lA^iu'dcnsomc conditions oh both relationsjeand^Q insure uninterrupted pro sides. That law assesses a "service charge" duction during the postwar period gave of 15 per cent of.net income a:gainst the. prominent position to labor legislation dur utility diiring the period of seizure and op ing 1946-47 sessions, Mahy.states also in-"^ eration, and causes forfeiture to employees creased the security of Avorkers by extend who refuse to work during such period of ing coverage or adding to benefits under employrnent pay, unemployment compen unemployment compensation programs. sation, and right to picket. ;' r.''•:•••.. ^ /-••:• :---V- .''-...:: 138 THE BOOK'~OF"'THE STA TES & In addition to closed shop or "right-to- ;. Experience rating was adopted in Mori- work" enactments in states already, inen- tana, Rhode Island, Utah, and Washing- tioned, 1.947 legislatures in Delaware, Geor- . tori during 1947, while Massachusetts, Mis- gia, New Mexico, IoWfi,\-irginia, and seven souri, arid Virginia made minor changes in other states took similar action, although their experience rating aniendments in the measures are subject to popular ratifi- 1946. Many states made changes in their cation in sbriie states, including/»Ncw Mex laws in 1947 to conform:to federal law rela ico. tive to the 53,000 wage limitatiori on which I. The New Hampshire ban is inoperative deductions are made. ' if at least two-thirds of the \vorkers involved A significant development^ in this field endorse the closed shop, w'hile the Dela was the enactment bv California in 1946 of ware enactment empowers an einployei to disability benefits in conjunction with; its refuse to grant a closed sliop. Secondary unernployment compensation system, to boycotts and jiirisdictional. strikes or olis- provide workers with funds during periods piites were,banned or placed under now of sickness. The fund to pay these benefits regulation in at least nine states in 19-^7, is financed by employee contributions at and Connecticut, Georgia, Michigan, the rate of 1 per cent of wages up to S3,000. Pennsylvania, South Dakota, and Texas 'The disability system in Rhode Island- enacted laws regulating picketing. Media- the only other state having such coverage tion, arbitration, and collective bargainii^g , r—is not a part of the compensation system. "" were the subjects of 1947 laws in Florida, Extensive changes in the administration Indiana, Missouri, Oregon, and ten other • of state empl?)yment security systems oc-' states. . curred in most states in 1946-47 as'aresiilt Other labor legislation bv the states in-L of the return to the states of the Employ- eluded restrictions through'placirig of limi-V _ .me,nt Services by the FederalGovernment, tations by about eighteen states on the legal on Novemljer 16, 1946. liability of employers for payment of addi TAXATION - y tional past wages under "portal-to-portal", cases; amd extension of legal right to sue'or • v^All of the legislatures which met in ses be sued to both employers or unions in sion inl 946-47 faced demands for increased Minnesota, Nebraska, South Dakota, and appropriations. With only a few exceptiohs,^ Texas. Connecticut in 1947 adopted a Fair they were forced to provide additional rev Employment Practices act similar to ear- enues to carry on the business of state gov liier ones adopted in 1945''iri New York arid ernment, through increased levies or new New Jersey, arid enacted in 1946 in Massa taxes. ., . chusetts. An investigatory FEPC law with- . The important increases during 1946 out enforcement prx)visi6ns, similar^to those sessions included'^ a speciab/Massachusetts previously ineffectiii Indiana and Wiscon assessment of an additional one and a half sin, was adopted by Oregon in 1947. Laws per cent corporation net income.tax for the requiring^tfie filing of firiancial statements years 1947-50, and tightened provisions jri by unions were adopted in 1947 by Dela the income tax laws of Kentiicky, LouisiT ware and Pennsylvania."; ana, andMississippi. Missoliri enacted a,7 About two-thirds of the states amended' per cent net income excise ta.v on l)anking their unemployment compensation statutes institutions, while New York extended its in 1946-47 to provide greater benefits. The enrergency estate tax. New York at the weekly maxiriium j.'^f bericfit.s was S20 or same tiiiie, however, {•)ro\-ide(l a 50 per cent- more in most states by the end of 1947, cut in personal income taxes, removed tem- while the maximum period during'which jDorary business corporation franchise taxes, benefits are.-payable had been raised to at and reduced its unincorporated business least 20 weeks in almost all states. States tax. wjiich raised maximunis to S20r—20 weeks Other 1946 tax laws included increased or uibrein 1947 include Arizona, Arkan levies on beer and liquor in /"viizona; Loui sas, Connecticut, Idaho, Io\ya, Nevada, siana, Maine, New York, and'South Caro New Hampshire, New Mexico, Oregon, lina; ari increase of one-half riii.ll in the Illi-' ,,and:Rhode Is]ancL(S25—T26Ayecks). noiij, cigaret tax, • approved by the voters LEGISLA TION 139 j^to help pay for the soldiers' bonus;" to a lesser extent in Arkarisas, Massachu and a 5 p)er cent tax pn the profits of fire setts, Nevada, and New Jersey. Beer and and marine insurance companies by Mas wine taxes were also raised in a number of sachusetts. states. Except in the field of individual and cor New severance taxes were added in In porate income levies where there were some diana on petroleum and in Oregon on for reductions, most state tax legislation in 1947 est products. The revenues from the latter took the form of increased rates or the addi are to be devoted to research and rehabil tion of new taxes. In the individual income itation of the forests of the state; tax field, rates were' revised upward in Increases in severance taxes on practi Colorado, Maryland, and Oregon, while cally all natural resources were voted in Ar Iowa tended to accomplish the same effect kansas, and the iron ore royalty tax was in by repealing its 50 per cent credit, and creased in Minnesota. Vermont dropped its flat 2 per cent levy Other 1947 tax legislation included a in favor of rates graduated from 1 per cent new soft drinks tax in Pennsylvania; the to 4. per cent. On the other hand, New repeal of an admissions tax in Ohio; and York continued its 50 per cent reduction the adoption by Connecticut and Nebraska made in 1946, although an additional tax of the uniform airlines tax bill drafted by of 10 per cent of the basic rate will go into the National Association of Tax Adminis effect if the voters approve a soldiers' bo- trators. ' .nus. Oklahoma reduced its tax rate from Four states in 1947—Michigan, Nebras 9 per cent to 6 per cent. Personal exemp ka, Oregon, and Pennsylvania—adopted tions were lowered in Colorado, Oregon, community property laws, raising to thir and Vermont and increased in Arkansas teen the number of states operating under and Oklahoma. v this concept of property. Corporate income tax rates were in '••' The problems of locajities, and of mu creased in Colorado, Connecticut, Mary nicipalities in particular, in obtaining funds land, Massachusetts, and Vermont; and adequate to carry on local services led to they were reduced in Oklahoma. Rhode increased aid by most states for specific or Island' added an alternative income base general purposes, and to state authoriza to its present corporation tax, and doubled tion of new sources of revenue for the local its tax on unincorporated business. governments. One of the major factors Sales and use taxes were adopteS'in four which has led to this problem has been the states in 1947: Connecticut (3 per cent), overwhelming reliance by localities on the Maryland (2 per cent), Rhode Island (1 ad valorem property tax. per cent), and Tennessee (2 per cent). Efforts of 1946 legislatures to assist local A record number orkates adopted a to finances included a Virginia statute au bacco tax in 1947—Incliana, Michigan, thorizing the imposition of a tax on bank Minnesota, Montana, Nejbraska, Nevada, stock; laws to permit cities to impose hotel 4nd West Virginia, raising^to thirty^eight bill taxes in New York and Rhode Island; the states levying a cigaret tax. Maine and the authorization of numerous addi made its tax also applicable: to tobacco tional taxes to New York City. In addition, products. Maine and Pennsylvania doubled California distributed S90 million of the their cigaret taxes, while Arkansas, Idaho, state's reserve to cities; Ohio and Michi Kansas/^ New Mexico, and Rhode Island gan allocated a larger share, of their sales •.also raised theiri. \ tax revenues to cities; Louisiana, Rhode Is Gasoline ta.xes were increased in (Califor land, and New York provided municipali nia, Colorado, Connecticut, Maine, Mary ties with larger pari-mutuel revenues; and land, Rhode Island, and Vermont, arm the New York adopted a compreh •\ A broad financial home-rule law was en ords of all state and county agencies. Assess acted by the Pennsylvania legislature in ment procedures were altered by new laws 1947, granting local taxing bodies in that in Iowa, Minnesota, Nebraska, Oklahoma, state the right to adopt practically any tax arid Tennessee; and constitutional amend or license fee not presently levied by the ments prohibiting the use of "highway" state,'The law,apparently permits local funds for non-highway purposes were re levies on income, amusements, sales, real ferred to the voters for approval in Florida, estate transfers, and other tax bases. Only Massachusetts, and Tennessee. The Texas California grants equally great taxing pow legislature adopted and referred for popu- ers to its Ideal governments. larVeferendum in November, 1948, an Illinois in 1947 gave its cities authority amendment to forbid state ad valorem tax to impose a one-half of 1 per cent sales tax, es on property for general purposes after subject to local approval. Nebraska in 1950. \ . • creased the amount of occupation tax which Indicative of the growing complexity of cities and villages may impose. Nevada au fiscal problems at the state and local levels thorized the 17 counties in that state to was the authorization by legislatui^es in levy a V/2 cents per gallon additional gaso many states of additional research by in line tax. West Virginia authorized cities to terim legislative committees or by the ad levy a sales tax up to 2 per cent on liquor. ministrative agencies of the states. In Cal Sizeable,increases in locally shared state ifornia, Mainland, Michigan, New Jersey, revenue^ were voted in Arkansais, Mary New York, ^Kansas, Minnesota, Illinois, land, Minnesota, and Ohio, among others, and Oregon,, such research has been placed in 1947. The Minnesota measures affect on a permanent basis. In Alabama, Indi distribution of taxes on alcoholic beverages, ana, Iowa, /Oklahoma, Washington, and cigarets, and gasoline sales. One of the many other states, special studies of finan tax sharing measuires/ adopted in Arkansas, cial administration have been completed provided a special ad valorem property or are under way, with a view toward re levy of (ij4 mills for 1947 only—the 1947 vamping of the state fiscal structures. session having repealed the ad valorem ?See Table, p. 254, showing locally.shared property levy for state purposes—the pro state-collected taxes. LEGISLATION 141 "•^v; Library Services, and of an Office of State MISCELLANEOUS Property Administrator to keep permanent Important developments occurred in records of state property, in Tennessee; and 1947 affecting the organization and opera the, establishment Of a Veterans Affairs tion of the state governments. On the legis Commission in Texas to replace the Vet lative side, these included the creation of erans Service Officer. Several agencies in legislative councils or research committees Vermont were reorganized, including the in Arkansas, Minnesota, Qhio, Utah, Development Commission and the Recrea Washington, Wisconsin, and Wyoming,' tion, and Fish and Game Departments, and the activation o? the Oklahoma Legis while the same state created Departments lative Council originally set up in 1939. In of Social Services and Institutions in place Utah and Washington, the legislative coun of the previous Public Welfare Department. cils will function also as the Commissions Washington created a new State Parks knd on Interstate Cooperation of those states. Recreation Commission. In Idaho, a full-time, Legislative Counsel In several states in 1947, development was authorized. agencies with broadened state planning Measures to improve legislative proce powers were created. Minnesota created a dure through reduction in standing com Department of Business Research and De-. mittees and revision of rules were adofJted velopment, and Nebraska set up a Division in Indiana and North Dakota, while the of Nebraska Resources in the Dejjartment installation of electric roll call machines in of Agriculture and Inspection. Both of these their lower houses was approved in Arkan agencies were designed among, other things sas and Missouri, and was made a subject to develop industrial and agriculture pro for investigation in Oklahoma. Measures ductivity. Michigan and California abol- . to increase legislators' pay were acted on in ished old agencies and set \ip new units Alabama, Kansas, Michigan, Ohio," and with broader functions, and Ohio re-estab Pennsylvania, while California and Illinois lished its Post-War Program Commission legislators were made eligible for state on a new basis. The new Michigan agency 'pensions. / is the Department of Economic Develop Interim Committees in New Hampshire ment; in California, the new State Conser and several other states have been directed vation and Planning Board replaced the to conduct studies on which to base further Reconstruction and Reemployment Com improvements in legislative procedure. mission. ;» \. Most of the states increased the salaries In the field of conservation and resource of public employees during, the postwar bi- development,, notable advances were regis erinium. In addition, the security, of these tered in 1947, especially in the control of employees was enhanced by the enactment stream poUution. Massachusetts. Rhode Is-' in 1947 of retirement systems in New Mex land, and Connecticut approved a new In ico, North Dakota, Tennessee, Texas, and terstate VVater Pollution Control Compact --^ Washington. West Virginia established a for the lower New England states. Washr^ merit system council and authorized state ington, Oregon, and California adoptedia and city employees to be covered by Social Pacific Marine Fisheries Compact; and Security should the federal act be amended;. Florida and Alabama registered approval . Among the administrative reorganiza of a Gulf Coast Marine Fisheries Compact tions of,the states was the creation'of the which it is expected will be approved sub office of Director of State Parks as a sep sequently by Mississippi, Louisiana, and arate agency in Montana; the establish-., Texas. Tennessee and Indiana became ment of a Game and Fish Department in first-time signatories of the Interstate Oil Oklahoma; the creation of a Division of and Gas dompact in .1947. STATE PROPOSALS VOTED UPON IN 1946* ENEFITS for veterans of World War 11— as in 1944. The percentage of measures ap- B through bonuses and other services or proved is lower in even-numbered-years, aids—constituted an outstanding issue of when larger numbers of measures are pre- direct legislation by the voters of nine states sented, than in odd-numbered years, in i946:~All but four of the thirteen veter- A majority of proposals for constitutional." ans' benefit proposals considered in these change have received approval in each of . states were approved. The measures adopt- the eight years shown. Although probably ed included bonuses in Illinois, Michigan, sornewhat inflated by the number of those and Rhode Island, and proposals for cer- state measures which are essentially,local tain tax exemptions in Louisiana, farm- legislation to be embedded in the constitu- home and business loans, in California, tion, proposed constitutional amendments housing aids in New Jersey, and a land regularly fare better than statutory offerings, fund in Texas. Five of the approved In six of these eight years, a high percent- measures involved bond issues totaling age of constitutional: proposals, was ap- $810,000,000. All four of the measures for proved. In 1940 and 1942, however, a bare veterans which failed to pass called for the majority of the constitutional changes were imposition of special taxes. Another major approved, postwar issue was reflected in proposals relating to employer-employee relations, TIME OF VOTING .1^ which were considered in several states. The vast majority of the 1946 proposals As in other years, however, the proposals of were voted upon in the November, general 1946 covered a wide range*-~of/ organiza- election, and two others were submitted^t tional, personnel, procedural, tax, bond the Maine general election held on Sep^ issue, and local governmental matters. tember 9. Three North Dakota measures and one in Oklahoma were submitted to NUMBER OF PROPOSALS the voters at the state primaries and one A somewhat larger^umber of states than Wisconsin measure at the state judicial elec- usual, thirty-eight,: submitted proposals to tion held in April. Only one measure was the voters in 1946. The total of 176 meas- ^ voted upon at a special election—in Texas ures submitted was the largest since 1940 on November 7- The three Connecticut when 189 measures were put to the voters proposals, herein considered as having been ' for decision. Although, the number of pro- voted upon in 1946, were, in reality, sub- posals voted upon in 1945 is not available- mitted to the voters at the time of local town- t for specific comparison, a substantially meeting elections whenever those elections larger number of proposals is voted upon in occurred during the latter half of 1945 and even-numbered tha:n in odd-numbered the year 1946. years. Of the total number, 146, or 83 per »> • c. . cent of the 176 in 19.46 were concerned with . METHODS OF SUBMITTAL changes in state constitutions, and only thir- In many states, direct electoral partici- ty, or 17 per cent, with statutory rnatters. pation in lawniaking is limited to voting on measures legislatively submittied, usual POPULAR RECEPTION OF THE MEASURES ly under provisions of. state constitutions Nearly three-fourths of all proposals sub which require such referral with respect to mitted in 1946 received electoral approval. certain types of action or subject matter. This is approximiately the same proportion However, twenty-four, or 14 per cent, of all measures voted oh in 1946 were initiated *Prepared.in the Governments Division, Bureau of the Census, by Richard G. Spencer and Anna by popular petition, and four other pro A. Meek under the supervisionof Allen D. Manvel. posals were referred to the electorate as 142 ..s LEGISLATION^ 143 the result of popular referendum petitions. -pation in direct legislation requires the use The methods of submitting the different of different bases for measurement,at dif types of measures are shown in the follow ferent elections, even though different bases ing summary (based on the table, Number impair the historical comparability of.the of State Proposals Voted upon in 1946): resulting figures. The basi.s used herein to show the extent of voting in 1946 is that of Proposed registration-in the states for which registra Constitutional Proposed tion figures.are available. The base used Method of Submittal Total ' Changes Statutes for 1944 was the. total popular vote for Total.... 176 i 146 .30 Initiative petition..:... 24 10 .14 presidentijal electors, but the pattern of. Referendum petition.... 4 ... 4 voting is generally recognized as being con •Legislative referral..... 148: 136 12 siderably different in "presidential" from intervening "congressioriaP' years. State GEOGRAPHY OF PROPOSALS •1 wide registration figures, or estimates by , Proposals submitted to the voters are secretaries of state, are available as this relatively more numerous in Southern and report goes to press for nineteen of the Western than in Northeastern or North thirty-eight states submitting proposals in Qli'- Central states. 1946. For eight other states registration or All of the eleven Western states had some cornparable figure of a prior year is legislative items on the ballot and also used. . most of the states in each of the other three For comparison of registration with votes major geographic regions of the United cast on proposals, each election at which States. All but one of the eighty measures proposals. were voted upon is considered voted upon in the Southern states were separately. The total of votes cast for and - presented as constitutional amendments, against a measure is used as a basis of par compared with fi^^of thirteen in the ticipation. The vote cast for and against a Northeastern states^\mid roughly three- lone meastire.on a ballot is counted as the fourths of. the measur kin North Central highest. and Western states. Expressed in percentage of registration, The largest number ^\-roposals in any the highest total vote On a proposal ranged one state, thirty-one, submitted in from,63.8 on an Illinois bond issue at the' Louisiana. California vdfers were faced regular November election to alow of seven with seventeen measures; and the voters of in a special Texas bond issue election held ,, South Carolina with eleven. Nine states the second day following the general elec- , submitted but a single item and eight states tion. The median was 38.5 per cent and the submitted only two. Put in another way, gradation from the highest to the lovyest twenty-seven of the thirty-eight states sub was gradual. The lowest total vote, again mitted no more than four proposals, nine as a percentage of registration, ranged from states froin five to eleven proposals, and a high of 48.8 to a low of 7.6. ; ' tvyo states more than eleven. ^ ' The subject matter of a proposal and the Louisiana and California, usually in that time and manner of prgsentatioh to the A order, leaid in the number of proposals vpters apparently exert fully as much in voted upon in even-numbered years- fluence on the level of proposal, voting as- Georgia in odd years. In the eight years the number of measures to be voted upon. for which data are compiled Georgia vo\ed The influence of subject is illustrated by the ona total of 155 proposals. Louisiana is relative level of voting on proposals in Ala next with 122, followed by California with bama. Of the nine proposals voted upon ninety-five and Oregon with forty-six.: in that state, that requiring as a qualifica Forty-two states had eight-year totals of tion for voting the ability to understand less than thirty, and twenty-one of the and interpret any section of the United forty-two had.less than ten. States Constitution had nearly half again as many, votes cast for and against it as were EXTENT OF VOTING ' cast on any of the other eight proposals. • The lack of a uniforrri standard by which The number of measures on the ballot is to measure the extent of popular partici- not necessarily a controlling factor in the 144 THE BOOK:. OF THE STA TES level of direct-legislation voting. Illinois, present constitution was under considera for instance, with only two measures'on the tion. The proposal was intended to sim , ballot ranks first in 1946 for the highest per plify somewhat the difficultprocess of con centage of total vote cast on a measure and stitutional- amendment in that state. thirteenth for the lowest; the first item was Though receiving an overwhelming'^ajor-. . a bond issue and the second a proposed" ity vote in its favor, it was defeated because modification of the constitutionar amend it failed to receive the required majority ment procedure. California with seventeen of votes cast in the general election. measures ranks relatively near the top for Seven states—Alabarna, Arkansas, Cal both highest and lowest, but. Louisiana ifornia, Connecticut, Idaho, South Dakota, with thirty-one proposals has a uniformly and Utah—acted favorably on the ques low percentage rank. The lowest, 7 per tion of increased compensation for various . cent on a single measure, in Texas, prob state officials, but Arizona, Missouri, ably is attributable to its presentation at a North Carolina, and North Dakota rejected special election almost immediJrfelyfQllp.w.-.. ...j.ni:reases in per diem compensation, or an ing the general election, because two days expense allowance, for legislative members. earlier the highest percentage among three It is of some interest, in the light of recent measures was three times as great. The experience 00 the part of the.national gov uniformly low voting on the three Connect ernment and of the state of Georgia with icut amendments, between 7 and 8 per succession to the office of chief executive, cent, no doubt was the result primarily of fehat the voters of California, Connecticut, their having been voted-upon at town- (and Oregon approved constitutional meeting elections scattered over many amendments providing for succession to months rather than state-wide at a single the governorship. general election. Changes in legislative sessions or proce dure were made in California, New Mex VARIETY OF SUBJECT MATTER ; ico, "Oregon, and South Dakota. Califor State proposals voted upon in 1946 may nia instituted annual sessions with the ses be classified from many points .of view. sions of even-numbered years limited to Many of them related to two brmore topics. 'consideration ofJthe annual budget and Seventy-one proposals were directed at certain ""urgency'MegislatiOn. New Mex , problems.of central state governmental ico abandoned the split session for a con organization and powers^ especially ques tinuous session. Oregon and South Dakota tions of salary increases for various offices; inodified bill procedure. \A Florida pro forty-eight Were directed toward problems posal was defeated, however, which aimed of local government; thirty dealt with some to prevent, riders on appropriation bills and aspect of taxation; twelve either proposed the inclusion of appropriations in other bond issues, or otherwise dealt with public bills, and to limit appropriations to;two • indebtedness; seventeen could be classed years.' ' ".''•'' ^ '\ • '•: as regulatory measures and seven as being Inconsidering proposals relating to local • concerned in some way with governmental go^rnment, a distinction should,be made service enterprises. between those proposals applyingXto all or Although proposed constitutional chang- substantially all units of. a type, such as . es, dealt with a wide range of topics of state cpunties, cities, or school districts, and those wide or local significance, two measures intehded to affect single units only, or a -deserve special mention. The lone New few specifically. designated units. Forty- Hampshire measure priesented the ques eight or 27 per cent, of the 176 measures tion of the desirability of calling a conven voted upon were directed toward local tion to revise the state constitution. This government, and., all but fpur of them took question, by present constitutional stipu the forms of constitutional. amendrnents\ lation, goes before the electorate every Twenty-two of the forty^eight were in the^ seven years. When the question was pre- nature of general legislation, and twenty- j sented in 1946, after the specified interval, six were directed to specifically named r it was approved. The other item was in counties, cities, school districts, or other Illinois where the amending clause of the special-purpose districts, or to some of LEGISLATION 145 these units in combination. All of the insane. Louisiana approved the issuance of twenty-six measures were proposed as con $2,000,000 of flood control bonds by the stitutional amendments and were voted Pontchartrain levee district, and the issu upon in Southern states. Theirimpact and ance of $25,000,000 highway and bridge treatment appears^n the following sum construction bonds. Louisiana also pro ^ mary; . vided for the "funding- into" an unspeci fied amount of bonds the surplus of a three- Total Approved Rejected fourths mill property tax,^the proceeds of 26« 23'- 3 the bonds to be used for a new charity hos- 8 6 2 Cities 10 I) 1 : pital and for correctional and penal in School districts aifid ottier'spe stitutions. cial-purpose districts 10 10 ''—• . •, Duplications, cau.sed by various measures being apolicable , to more than one specified unit, are excluded: ' Regulatory Measures Seventeen regulatory proposals were Tax Measures , - , presented to the voters. These regulations Out of thirty measures concerning some .affected.employer-employee relations, la-: aspect of taxation, twelve provided for tax bor organizations, liquor consumption and levies. Of these, five were adopted. Three sale, and the regulation of business and \ of the approved levies were on property for property holding. Arizona, Nebraska, and school purposes. One proposal to levy prop South Dakota approved proposals assuring V erty and other taxes for the benefit of veter the right of persons tV) work regardless of • ans was approved in Illinois, and a property membership or non-meinbership in a labor tax for hospitals was approved in Montana. union. The voters of Massachusetts passed Nine measures to provide tax exemptions by a vote of two td^one a measure requiring were approved; five of them were property labor unions to file a statement of officers^ tax exemptions for veterans or others; two aims, dues, and fines, and an annual^tate- exempted non-highway users of motor fuel ment of receipts aiid expenditures. The from, the gasoline tax; and another exempt voters of California rejected a proposed ed homestead owners from, a forestry tax. Statute which would have prohibited dis Nine approved measures provided prop-; crimination in employment because of erty tax limitations; two of these.were appli race, creed, religion, or national origin. cable only to specifically named localities North Dakota approved a measure which in Alabama. The "educational" poll,.tax prohibits the sale or cpnsumption of alco was abolished iri California. holic beverages in connection with any com modities other than tobacco and soft drinks. Bond Issues and Indebtedness In Idaho two proposals were rejected which • Ten of the twelve proposals affecting would have discouraged the. advertising of bonded indebtedness were approved by the intoxicating liquors, limited their sale, and voters'in 1946. Incurrencfe of indebted provided fpr Ipcal option. The local option ness was approved in seven states, and re proposals regularly voted upon state-wide jected if? one. in Maine, Massachusetts, and New Hamp • The voters of lUiripis, Michigan, and shire were again submitted in 1946, but \^ Rhode Island approved, whereas the voters are not within the scope of this report, of Maine did not, proposals for the issuance because they are subject to local adoption. of bonds . for the _ payment, of veterans' bonuses. Approved also were a California SCOPE, SOURCES, AND ACKNOWLEDGMENT bond issue for farm and home loans to vet This report is based primarily on re-1 erans and a New Jersey bond issue to pro spouses to a Census Bureau inquiry directed vide-for veterans' housing. Thus the voters to secretaries of state or other state officers in fivE states provided for the issuance of having charge of election administration. $810,000,000 in bonds for aids and bonuses . The report includes only those measures of to veterans. a legislative character,, constitutional or In addition, Montana provided for a statiitory, which were submitted to the S2,000,000 bond issue for the maintenance voters at state-wide elections at ^ny time ' and construction of a state hospital for the during the calendar year 1946. Included, 146 THE BOOK OF THE ST A TES however, are those .constitutional proposafs those measures in three New England States, submitted in Connecticut which, though Maine,"*Massachusett's, and New Hamp voted upon state-wide, were submitted to shire which, though voted upon state-wide vote, at town-meeting elections scattered in at the time of biennial state', elections, are time over some pionths ofl945 as well as subject only to local application as deter 1946. Excluded^ on the other hand, are mined by local voting. NUMBER OE STATE PROPOSALS VOTED UPON, BY STATE, BY TYPE OF LAW AFFECTED, BY METHOD C)F SUBMITTAL, • •• AND BY OUTCOME, IN 1946 , ' ''• \ ' ' - Proposed Constitutional Amendmen Popular Initi- \ Ponpular Initi- • ative or Re }' ative or.Re- ferral Peti- Referred by ',' feiralPeti- Referred by ^—All Proposals s , tion N • Legislature/ f—-lion—s' Legislature Ap- Re- Ap- Re- Ap- Re-j Ap- Re- Ap- Re- ' State Total proved jecled Total proved jected proved jecte^ Total -proved jected proved jected 176 125 51 146 . 9 1 100 36 30 7 11 9 3 9 9 .. Missouri.... .,... • 1 .. • i I •..'•.. .. 1 ' ..• •• .. .. '. .. ' .. 1 1 ...... :. 1 1 .. Nebraska...... 2 , 1 • 1.21 1- .. .. • ...... '. i 1 .. 1 ... .. 1 .. .: ..,...; , .. 1 .1 .: 1 ..:..;,! •.. • ...... :. .. New Jersey .1 1 ...... 1 .. .. 1 2 2 . ;. . 2 ;. . .. 2 ;. • .. • .. New York. 1 1 ...... :. . .. -1 .. .. 1 . North Carolina.. 2 1 "^ 1 2 . . .; 1 1 ...... North Dakota...... 6 2 4 3 ...... 3 3 2 . . . . 1 Oklahoma 5 5 .. 5 4 .. 1 .. .. • ..- ..-..• .. Oregon...... 9 6 3 4.. ... 3 1 5 ' 2 , 1 1 1 Rhode Island 2 2 ...... 2 . . .. 2 .. South Carolina...... 11 11 ... 11 .. .. 11 ...... • .. South Dakota...... 4 4.. 3 " .. .. 3 .. 1 1 ...... Texas. •4 4 : .. 4 ..• ..4 •' ...... • • .. Utah.. 8 8 ..• 8 .. .. a ...... : Virftlnla. 1 1 .. 1 .. .. 1 ...... 4.1 3 1 ....'. 1 .. 3 .. 3 .. ... • •. •. ••'..• .. \ •• • • • •• - • West Virginia... 2 1 1 2 .... I 1 ...... Wisconsin 3 1 2 3;... 1 2 .. ,...... ' 4 . . . 4 4. - ...... 4 - - . LEGISLATION •*• 147 SUPREME COURT DECISIONS DECLARING STATE LAWS AND OTHER ACTION UNCONSTITUTIONAL: 1944-47* The United States Supreme Court may cfeclare state lavys and other state action invalid as contravening the federal Constitution, an act of Congress, or a federal treaty. The definition of state "laws" includes riot only'acts of the state legislature, but any legislative act w^here there has been a. delegation of authority to subor^iinate agencies such as munic ipal councils and state boards or commissions. • I. STATE LAWS Judges . . \. Case. Citation. Law Affected Dissenting HIU V. Florida.. 325 U. S. 538 Fla. Laws 1943 ch. 21968 §-54, 6 Southerlt Pacific Ck). v. Arizona 325 U. S. 761 Ariz..Code Ann. (1939) §69-119i Marsh v. Alabama. .; 326 U. S. 501 Ala. Code (1940) Tit. 14 §426'' • Tucker V. Texas. 326 U. S. 517 Tex. Penal Code (1936) ch. 3 Art. 479« ^ Hillsborough V. Cromwell.. .. 326 U. S. 620 Somerset County, N. J., resolution and Hillsborough. . : affirming . Township's assessments and tax bills, there being no 149 F. 2d 617, adequate remedy in N. J. courts affirming 56F. Supp.41. Nlppert V. City of Richmond.. 327 U. S. 416 Richmond, Va., municipal ordinance'! "^ Morgan V. Virginia ..;... 328 U. S. 373 Virginia Code (1942) §§4097z to 4097dd requiring sepa.ration of white and Negro passengers- on both interstate and intrastatemotor carriers (Reported: 184 Va. 24. 34 S.E. 2d 491) Richfield Oil Corp. v. State 329 U. S. 69 California Retail Sales Tax Act of 1933, as a:mehded'' • Board of Equalization.. Freeman v. Hewlt. 329 U. S^ 249 Indiana Gross Income Tax Act of 1933; Indiana Laws 1933, pp. 388, 392, as amended; Laws 1937, pp. 61i. 615; Stat. .-Xnn/(Burns', 1933) §64-2601 et seq.' Joseph V. Carter & VVeelcs Steve 67 S. Gt. 815 N. Y. City Local Lawa 1937 No. 22, p. 255; 1938 No. 20, doring Co..; . . p. 253; 1939 No.. 103, p. 240; 1940. No. 78, p. 342; Joseph V. John T. Clark & Son 1941 No. 47 passed pursuant to N. Y. (State) Laws 1934 ch. 873 and N. Y. (State) Laws 1940 ch. 245. '•>U>v ' and determination of Comptroller of.the City of New . York theteunder (Reported: 269 Appi Div. 685, 54 N. Y. S. 2d 383; 294 N. Y.-906. 63 N.E. 2d 112) 8 Bethlehem Steel Co. v. New 67S.Ct.l026 New York Laws 1937 ch. 443; 30 McKinney's Con York State Labor Rel. Bd. ... solidated Laws, Labor.Law §§700-716 (Reported: Allegheny Ludlum Steel Corp. 269 App. Div. (N. Y.) 80S. 56 N. Y. S. 2d 196; 295 V. Kelley. N. Y.607, 64N.E.2d352)'' Fleming v. Rhodes. 67 S. Ct. 1140 Here the U. S. Supreme Court enjoins the sheriff and constable from enforcing state judgments recovered by landlords.in suits for restitution of leased property, .^ • - . entered after June 30,-1946, the termination of the Emergency Price Control Act, and'befpre July 2S. .^ . • 1946. the date of the approval by the President of the Price Control Extension Act.' Rice et al. v. Santa Fe Elevator 67 S. Ct. 1146 Illinois Commerce Commission's decision tp hear on the Corp. . merits a charge that warehouses engaged in storage . Illinois Commerce Comm. v. of"grain for interstate or foreign commerce were _ Santa Fe Elevator Corp...... violating the'State Public Utilities Act, the Grain Warehouse Act, or the Constitution of 1870. .'\rt. • Xllli • Unconstitutional as applied to intcrsta^ trains. • K State Labor Relations Act ("Little-Wagner.Act") unconstltu- •? Unconstitutional as applied to persion undertaking to distrib 'tional as applied where national Labor Relations Board had ute reliRious literature in a company town. jurisdiction of industry in which emploi;ers were engaged and ° Unconstitutional as applied to person undertaking to dis had asserted control of their labor relations in general. tribute religious literature in a federally owned and operated ' The contention was that §18'of the Extention Act, "The village. . .., provisions of this Act shaiU take effect as of June 30, 1946" "License, etc.", tax unconstitutional as applied to itinerant was retroactive as to these judgments. • salesman. - . i "The provisions of Illinois faw. on tlio^ subjects must there * Unconstitutional as applied to oil purchased in the state for fore give way by virtue of the Supremacy Clause, U. S. Const. export (Lcnd-Lease) to New Zealand. Art. VI. CI. 2" since the Federal Warehouse Act is paramount. '' Unconstitutional as applied to securities of Indiana Trust 67 S. Ct. MSS. In companion cases, Rice ct at. v. Board oj •sold in New York, Trade of'Cily of Chicago and Ittinois Commerce Commission s Unconstitutional (in violation of Art. I, §8,ch.3) as applied to v.Same. 330 U. S.—, 67 S. Ct. 1160 the court took-the view taxing receipts from stevedoring operations. Decisions of the ^at no action of the. Illinois Commission within the zone Supreme Court of N. Y., Appellate Div., and of the N. Y. where the Board has freedom to act w?mld contravene the Court of Appeals were ufHiined. federal scheme of regulation undeT'the Federal Commodity Exchange Act." •Prepared by Samuel H. Still, Legal Analyst, State Law Section, Legislative Reference Service, Library of Congress. This report covers volumes 322 (p..3271—330 and the 1947 term of the United States Report^. It is supplementary to areport appearing in The Book af the Slates, 194S-46. p. I3i. T 148 THE BOOK OF THE STAO'ES II. OTHER STATE ACTION Judges T^se - Citation Action Affected Dissenting United States V. Hellard.» 322 U. S. 363 The U. S. Supreme Couirt here nullifiea an Oklahoma court's/judgment of partition whereby full-blood Indians of the Five Civilized Tribes were divested of title to restricted land in a suit to which the United States was not made a party"" Barber v. Barber...... 323 U. S. 77 Tenn.'court's denial of full faith and credit to N.C. -• . court's-judgment for alimony on ground the judg ment was without required finality. (Reported: 180 Tenn. 353. 175 S. W. 2d 204)1 _ Steele v. Loiilsvlllc & Nashville 323 U. S. 192 Alabama court's affirmance of .a judgment sustaining a Railroad Co. etal...... demurrer to a complaint asserting a.federal right. (Reported: 245 .A.la. 113, 16 So. 2d 416) m City of Cleveland v. United 323 U. S. 329 Ohio coiirt's holding that no tax exemption is permitted States. by the Constitution and statutes of the state for federally erected low-cost dwelling units leased to a \ State of Ohio authority. (Reported 143 Ohio St. 251. "55 N.E. 2d 265) " United States v. Waddlll, Hoi- 323 U- S. 353 Va. court's giving priority to landlord's claim" over land & Fllnn, Inc...... : « ' claims of the U. S. and the Va. Unemployment Comp. Comm. but subordinating it to City of Danville's Claim for taxes. (Reported: 182 Va. 351. 28 S.E. 2d 741) Williams V. Kaiser ' 323 U. S. 471 Mo. court's denial of writ of habeas corpus , ^ -. Tomklhs v. Missouri 323 U. S. .485 Mo. court's denial of writ of habeas corpus Thomas y. Collins,...... :.:T\ 323 U. S. 516 Tex. court's denial of writ of habeas corpus: (Reported: 141 Tex. 591, 174 S.W. 2d 958) Blair V. Baltimore & Ohio Rail- 323 U. S. 600 Pa. court's holding thai employee under Federal, road Co., '' Employers' Liability .Act had assumed risk and there was no Evidence to support negligence, overturning" >>' jury verdict. (Reported: 349 Pa. 436, 37 A. 2d 736) House V. Mayo..,. 324 U.S. 42 Fla. court's writ of error from petitioner's conviction, refusal of; application for leave to file coram nobis proceeding; and denial without opinion of three petitions for habeas corpus (also U. S. District Court's denial of writ of habeas corpus without call ing for a return and without a hearing)..(Reported: •^ 122 Fla. 23, 164 So. 673; 127 Fla. 145,a72 So. 734; 13i)Fla. 400, 177 So. 705)0 ' V Herb v. Pitcalrn P...... 324 U. S. 117 111. court's dismissal of two suits under Federal Em- 325 U. S. 77 ployers' Liablli'y Act. (Reported: 384 111. 237, 51 : : N.E. 2d 277,282) Drummond v. United States.., 324 U. S. 316 Okla. court's decree of foreclosure of mortgage executed ' by full-blood Osage Indiati having certificate of com- I)etency on inherited land prior to its being "turned -- over" to him. (Reported: 189 Okla. 574, 118 p. 2d • 244)1 Malinski v. New York...... 324 U. S. 401 N.. Y, court's affirmance of conviction resting in part on a coerced confession. (Reported: 292 N. Y. 360, 55 N. E. 2d 353, reversed in part)' ' Hooven & Allison Co. v. Evatt. 324 U. S. .652 Ohio state ad valorem tax onimports, losing immunity when (1) sold by importer"ahd (2) stored in original packages in purchaser warehouse preliminary to.proc- * essing. .(Sustained by State Board of Tax .Appeals, 1938, 1939, and 1940; and State Supreme Court: 142 Ohio St. 235. 51 N. E. 2d 723) J. F. Fltzfierald Construction 324 U. S. 697 N. Y. court's allowance of interest on liquidated dam Co. V. Pedersen' ages and sums recovered for overtime under Fair • '-. • Labor Standards .Act. (Reported: 293 N.Y. 126, 56 N.E. 2d 77.) Rice %•. Olson... .x. 324 U. S. 786 Nebr. court's denial of writ of habeas corpus '• /• Williams V. North Carolina..... 325 U. S. 226 Here the U. S. Supreme-Court affirms a N. C. court decision which found that no bona fide doinicil was acquired in Nevada in a divorce action. (Reported: 224 N. C. 183, 29 S.E. 2d 744)i "•"-Both the U. S. District Court and.Circuit Court of Appeals rather than the Florida Court is reversed here. had held the partition proceedings) valid and quieted title;-"' •"." Together with Belcher -v. Louisvillt'b' Nashville Railroad Co. See 138 F. 2d 985. - 1 Ceftiorari to the Supreme Court of Oklahoma was denied, .' ' Compare, infra, People of State of New York v. llalvey, 67 S. • 315 U. S. 814, thereafter the United States brought suit in its Ct. 903. own right and on behalf of the Indian in the U. S. District. " Companion case as applicable to U.S. .District Court: Tunstall Court where the mortgaRee succeeded but the judRment was V. Brotherhood of Locomotive Firemen h" Enginemen, 323 U. S. reversed by the Circuit Court of Appeals whose action is here- 210. affirmed by the U. S. Supreme Court. See 144 F. 2d 375. » Together with Boyle, County Treasurer ofCuyalwga County v. r There were two petitioners before the U.S. Supreme Court and United States and Federal Public 'Housing Authority v. four justices dis.sented from the reversal in part noted here. Guckenberger, Auditor, Hamilton County. • Same ruling reversing in part 144 F. 2d 292 see: Arsenal o Certiorari undgr §262 of Judicial Code, 28 U. S. C. §377 where ' Buitding.Corp. v.Creenberg,32iV. S. 697. . _ , U. S. Circuit Cotjrt of Appeals refused to allow appeal from ' In a prior case Ijctween same parties Nevada's findine. of ^ District Court's opinion that petitioner had had competent domicile was not questioned. See lViUia:ns v. North Carolina, . consideration in Florida courts. The U. S. District Court, 317 U.S. 287. 8? -V ;-• -. LEGISLATION 149 II. OTHER STATE ACTION ^Continued . Judges Case Cilation Action Affected \.pissenting Esenweln v. Ckimmonwealth. 325 U..S. 226 Here the U. S. Supreme Court affirms a Pa. court deci sion which found that no bona' fide domicil was ac quired in Nevada in a divorce action (153 Pa. Super. 69, 33 A. 2d 675; 348 Pa;"4S5. 35 A. 2d 335) Radio Station WOW V.Johnson 326 U. S. 120 That part of. Nebr. court's decree order^^ing parties "to • do all things necessary" to secure return of F.C.C. granted licenses to operate radio station. (Reported: 144 Nebr. 406; 14 NAV. 2d 666) • Hawk V. Olso.n, Warden. 326 tJ..S. 271 Nebr. court's denial of writ of habeas corpus 0 Keeton v. Thompson.... 324 U.^ S. 838 326 U. S. 689 Ark. court's refusal to submit question of negligence to 0 jury. (Reported: 207 Ark. 793,183 S.W. 2d 505) Case V. Bowles... 327 U. S. 92 . affirming 149 F. 2d 777 Wash, court's adjudication as valid a.sale of state lands (timber) above Federal Emergency Price Control ceilings. (Adjudication: Soiindvlew Pulp Co. v. . Taylor, 2rWash. 2d 261, ISO P. 2d 839) Hulbert v. Twin Falls Ckiunty.. 327 U. S. 92 • Idaho court's adjudication as valid a sale of a tractor above Federal Emergency Price Control ceilings (Ad judication; 66 Ida. 128, 156 P. 2d 319) . , Maybee v. White Plains Pub. 327 V. S.' 178 . N. Y. court's exclusion of newspaper publisher from U. Co :. ... S. F"air Labor Standards Act through application of the maxim de minimis. (Reported 294 N. Y. 701, 60 • •.•.1,. '. •N.E. 2d,848) Griffin V. Griffin. 327 U. S.-220 N. Y. court's judgmeint for accrue?! aliinohy docketed without notice wanting in due jjrocess and U. S. Dis- • trict and Circuit Courts for District of Columbia allowing-recovery and the judgment. (Reported: 148 . F. 2d/17;.145 App. Div. (N. Y.) 268.129 N. Y. S. 1035) Ashcraft V. Tennessee...... 327 U. S. 274 Tenn. court's conviction based on testimony narrating what took place at.inquisition at which Confession prei-iously adjudicated unconstitutional.(322 U. S. 143) was obtained. Wilson V. Cook. 327 U. S. 474 .\rk./court'3 ruling that contractor was not liable for tax oii sevQ^mce of timber from lands held by U. S. as oHginal owner. (Reported.' 208 Ark. 459, 187 S.W. 2d 7) • Lavender v. 'Kurn...... i 327 U. S. 645 Mo. court's reversal of jiiry verdict in action under Federal Employers' Liability .^ct for lack of evidence to submit case to jury. (Reported: 354Mo. 196, 189 S.W. 2d 253) . V jy • Thompson v. Texas Mexican 328 U. S. 134 Tex. court's adjudging a contract between two inttrstate Railway Co. . railroads as terminated prior to determination by the ; l.C.C. of administrative phases involved. (Adjudi cated: 181 S.W. 2d 895) . First loWa Hydro-Electric^Co- 328 U. S. 152 Iowa Executive Council's ruling tMuiring a state per- . operative v. Federal Power niit-where power project involvesxonstruction of dam Commission, State of Iowa, on navigable waters 6f waters of state under Federal Intervenor...... Power Act. (State'of Iowa as Intervenor in First Iowa Hydro-Electric Cooperative v. Federal Power Commission, 151 F. 2d 20) \Pennekamp et al. v. Florida. 328 U. S. 331 Fla. court's judgment of a newspaper editor of guilt in contempt for publication of editorials critical of ad-' .ministration of crihiinal justice in certain cases, then- pending before the court. (Reported: 156 Fia. 227, 122 So. 2d 875) Hust V. Moore-McCormack 328 U. S. 707 Ore. court's.holding a seaman on U. S. owned shipppcrr (Lines...... ?Tr...... aied by private company for War Shipping .\dm. was not entitled to recover for injuries from private com pany under Jones Act as matter of •law. (Reported: 175 Ore. 662, 158 P. 2d 275) Morris V. Jones...... 329 U. S. 545 III. court's disallowance of claim based on Missouri judgment Obtained in suit brought prior to'but ren dered after appointment of liquidator by III. court.. (Reported: 391 111. 492, 63 N.E. 2d 479) Ellis V. Union Pacific Railroad 329 U. S. 649 Xebr. court's reversal of jury verdict in action under Co. Federal Employers' Liability Act for insufficiency of evidence to show negligence, ordering complaint dis missed. (Reported: 146 Nebr. 397, 19 N.W. 2d 641; li? Nebr. 18, 22 N.W. 2d 305). McLaren v; Nlersthelmer...... 329 U. S. 685 ly/court's judgment is vacated and case remanded to 'criminal court of GoOk County on suggestion of At torney General of Illinois. Ellis V. Union Pac. Railroad 67 S. Ct. 598 Nebr. court's reversal for insiifficiency of evidence of Co... lower court's jury verdict for injuix^l employee suing under Federal Employers' Liabilivy Act, ordering complaint dismissed. (Reported: 146 Nebr. 397, 19 N.W. 2d 641, 22 N.W. 2d 305) . ' ^-A- • .\ iSO - THE BOOK OF THE STATES H. OTHER STATE ACTION—Concluded Judges Case Citation Action Affrcted Dissenting Testa V. Katt -. ^67 S. CI. 810 R. I. court'.s refusal to maintain buyer's action for over-- charge in sale under Federal Emergency Price Control .•\ct because of established policy against enforce ment of penal statutes of other states or U. S. (Re ported: 71 R. I. 472. 47.A. "2d 312) Industrial Commission of Wis- 67 S. Ct. 886 Wis. court's affirmance.of a judgment setting aside the consln V. McCartln...... Wis. Ind. Com. order allowing compensation under Wis. Workmen's Cojnp. Act where 111. employee had previously settled with 111. employer with approval of III. Ind. Comm. for injuries sustained in Wis. (Re ported: 248 Wis. 570, 22 N.W. 2d 522) U. S. Dept. of Aflr., Emergency 67 S.Ct. 891 S. D. court's denial of preference to U. S. Farm Credit Ctpp and Feed jLoans v. Re- .•\dm. emergency feed and crop loan as claim against mund I estate of intestate debtor. (Reported: 23 N.W. 2d .281). . ... People of State of New York v. 67 S. Ct. 903 Here the U. S. Supreme Court affirms the action of a Halvey ...... N. Y. court in modifying a Florida decree awarding custody of a child to a Florida'mother when father was resident of N. Y. (Reported: 185 Misc. (N.Y.i 52. 55 N. Y. S. 2d 761; 269 .^pp. Div. 1019. 59. N. Y.-S. 2d 396; 295 N. Y. 836. 66 N.E. 2d .851) Cralii y. Harney 67 S. Ct. 1249 Tex; court's denial of writ of habeas corpus to news- • paper publisher and reported adjudged guilty of contempt for editorial critical of iudge's refusal to hear both sides of unappealable forcible entry and detainer case. (Reported: Ex parteCrai?. Tex. Cr. App.. 193 S.W. 2d .178) . • • i Order of United Ck)mmerclal 67 S. Ct. 1355 S, D. court's application of thiat date's rather than Travelers of America V. Wolfe Ohio's statute of limitations to kn,Ohio incorporated ^ fraternal benefit society certificate. . United States v. State of Call- 67 S. Ct. 1658 Here the U. S. Supreme Court nullifies a ruling of Cali forhla...... :. fornia's Attorney General and California's claim that it owns the resources of the soil (oil lands) under the three-mile marginal belt as an incident to those ele ments of sovereignty which it exercises in that water . area. III. UNITED STATES SUPREME COURT DECISIONS PER CURIAM BASED ON DECISIONS FOUND IN PART I . Case •Citation Basis of Decision :•• t2>. Atkins V. Atkins. 326 U. S. 683 " Judgment vacated and cause remanded oh authority of Williams V. North Carolina, 325 U. S. 226, and Esenweln V. Common- . • . wealth ex rel. Esenwein, 325 U. S. 279; Busey v. District of Columbia, 319 U; S. 579. 580; New York ex rel. Whitman v. Wilson, 318 U. S. 688, 690-691; Stite Tax Commission v. Van Cott, 306 U. 5,511.515-516. (Reported: 386 111. 345. 54 N.E. . , :2d.488). . De Mecrleer v. People of State 67 S. Ct. 596 . Mich, court's denial of leave to file a delayed motion for new- trial of Nlichigan...... 1 in court in which 17-year-old boy had been convicted of murder without legal assistance. (Reported:.313 Mich. 548,2rN. W. 2d 849) reversed on authority of Hawk v. Olson, 326 U.S. 271. •', . .'"N.., tassESji- UNIFORM STATE LAWS* •> HE National Gfonference of Commis legislatures. In 1942, this agreement was Tsioners on Uniform . State Laws was extended, and at a meeting of the Board oi organized in 1892 as an organization af Managers of the Council in November, filiated with the American.Bar Association. 1942, attended by representatives of the Thct Conference promotes .uniformity in Conference, the cooperative agreement state.laws on subjects where uniformity is was made, permanent. The Council makes deemed desirable and-'practicable, and office space available to the Conference, prepares drafts of model laws for the states provides a representative especially as where such statutes are believed tobe use signed to this work, a secretaryj.and also ful. Its members are commissioners ap ithe services of the field staff of the Council pointed, by the governors of the several '.' 'Ehe Council has interested the vario -'states and may be lawyers, judges, or law commissions, on interstate cooperation in • . teachers. The number of commissioners in the uniform law program, but does not each of the states. varies from one to five. undertake to draft the bills for introduc A conimittee of the Conference receives tion, this work being assigned to the local . suggestions as to possible topics for uniform commissioners on uniform state laws. and model legislation arid approves those The success of this cooperative p^lan is deemed practicable. These subjects are shown by statistics. In 1939, 122 uniform then referred, to special committees and laws were introduced in the several state are considered by them, after consultation legislatures, and 36 were enacted; in 1941, . with, business and professional men- and the fir-st year of cooperation, 201 uniform with any governmental agencies which . laws were introduced, and 80 acts were would be affected. After complete consid adopted. In 1943,lI62^unifQrjn and nriodel. eration of each statute at one or more 'of acts were introduced into the several legiiT'^' the "annual meetings of the Conference^ latures and 80 acts were adopted.. In 1945 and after approval by the representatives the introductions numbered 83 and the of at least twenty states and by the Amer-y adoptions 45. In 1947 there were 80 intro ican Bar Association, the bills are released ductions and 42 adoptions. '/ for presentation to the legislatures; The following acts mentioncjd. in the During the fifty-four years of its exis 1943-44 edition of The Bookqf the^tates- tence, the Conference hasdrafted and ap have been declared inactive the ArHitra- proved about one hundred model and uni tion Act, the Extradition of Persons of UiH^ : form acts. Some of the earlier acts have sound Mind Act, the Illegitimacy Act, and Deen declared obsolete or have been super the Machine Gun^Act. The following acts seded by later acts, leaving a total of 68 mentioned in the 1945-46 edition have acts which are currently being recom been withdrawn o'r declared obsolete; the mended to the several legislatures. Marriage Eyasion Act, the Conditional In 1940, the Council of State Govern Sales Act, the Wills Act (Foreign Probate), ments entered into a tentative program of the Automobile Liability Security Act, the ' cooperation with the Conference for the Criminal Statistics Act, the Chattel Mort purpose of helping that organization to gage Act, the Mechanics Lien Act, and secure consideratipn of its acts by the the Agricultural Co-operative Association •Prepared by Mr. George G. Bogert; ' ' hak. . -••'; • .-. •• •••- • • • • :f .<•-•••• 151 -^ 152 .^^ : THE BOOK OF THE STATES • ; REGORD OF UNIFORM AND M0DJ:L STATE LAWS ENACTED As Reported to September 1, 1947 ; .. , ' ^•\ *-N =? ^•^ 00 *o N .•*» N o> Alabama.^;#^^',v.... •.-, • • • • • • • • • .• •*• :'•••: •• Arizona, .^.-f V* • • • . . , ; , , • •• • • • • .• * *•' •^ • • • Arkansas:'! . -k^ • . • -. . • • > • • , , , , • • • .. , , Gallfomia...... • • • • • • • • • • *' • > .i '•• • • • '•.• Colorado • *• • • • ..'. • . • • .• • • • • ', • ,, Connecticut..... * • • • • . . •. , ; . , • . • Delaware.. , . • •. •*'. •.'" ,* , , . . • ... . , • • • • • • • •*•. • Florida.... • • •-• •: ••• .••• * * • • •'• - '-* •;.; • • • * •• • '' •" ".' •'" Georgia. • • • •/ • • '•* J " • -. Idaho; . *. • • • • • • .•. , , • , ; '• • • • • • .. ,. Illinois...: • • • • . ^ • • • • .* • • • • •' • • '.. .•V i •.... Indiana..: . ^ k- •. •'• * • • • • :••-. •• • 'r V • • • • .. * ..- •..-. Iowa • . • \*, • • • * . ^• • * • • , .• •, '. Kansas • • . . • > , , '. , • . • . . '. ... • • .'. • .•• . . , ,' .• . • Kentucky . ".. • • • • : '^.. • .'. • "*'. •• • • • , . Louisiana...... :• '.•• •• ^... • • •^.'. • • • • • •' • • • • .• '.*. .. .• • ( • • • • ..':• • • , , .• .• • ., • • • • • • • • •• • • • .. • Massachusetts... • • . . - • • • • • • • . . .. • • • , , ..-.• ;.••- >•.-..• • • • • • • • .*• • • • • "• • •'*. • •. • • • • • • ' • •.; • ••• •."•.. Mississippi..... • .• ir. • . • • • • • • •; , k •'.'. ,•, Mlssoun.... • • • • ; ,' 't, *^ , ,'• • T*r.: k k . . • i ." Montana.'. • •• • • •• ••- • •.• • • • • • • • • .. • • Nebraska • • • • • •,• .• • - * ..'. • /* • • •• • • • it • • • • • •• • • .- New Hampshire.. . • • '• • • • • • • . . • • .. New Jersey... *. •_•• .• • • • • • • .• • K • :*" •••: • • • • • • .V • • k .. ',[ New York... • • • • • • • • .• • • •k . . ; , •. * • * k .. North Carolina.. • • • • • • • ,-, • • •. ,• • North Dakota.... •• •'•_ • • • '•- • • • •• •. • .-. •• t \ Ohio...... • • • • . • • .• • .. t • • •:. V r Oklahoma...... ,, • • - . . . , , , , . • Oregon '. ... • • • • • • • ••• ^Ir •. .... • • • • • • • '.•• • • • * •: • • • • • .• . # • , Rhode Island.;. .'...• • • • • • .•k • • • .•• • •.. . ,• South Carolina.. ... • • • • . . . . • • * .;• • •'. . • South Dakota... • . • • • • "-• . , • • . • • • • • •k; • • • • • • ...... • •^^ .•• • • • • • •' •• • • . •• • ... • • .*• • • • : •• ,.•• • . .. / • ~^*' • • • '• Utah ...,...... ; • • • • • •,• • • • • *-. • • •• * • •k '.'. • ' .'.• Vermont . ••••A • • • • • .• • • •. • • • ' ; , • •• k •.•.\ Virginia...;... • •• • • :% • • • • • • .•• • ••• ':;/'• • .. •.• '•• • • •*• • • • • .••' • • • • • • • . • _ • • *. '.'.. , , Wisconsin ... • • •. • • • • • • • • • *' • • • . . •k •.. . . • Wyoming... r. • • • • • • •• • • • • • k • .. . ,-J LEGISLATION 153 RECORD OF UNIFORM AND MODEL STATE LAWS ENACTED—Continued -•Uv^ As Reported to September 1, 1947 8 a E c •« s;^ 21 *5 E "S c o tie^ . T3 ,a ^, 2 ^ 5 •K .„ Ci ^ O 3 a O I. I s -^5 1 •o B*" S E «:^ o 0\ *-' a .2 I w Or* K a s a i O R3 SS*^- 2 c s ^1 t>. O E-. «1 1., 41 3 26 8 32 38 17 26 12 25 3 Total if .. Alabama • • .. .. • .. if . ir Arizona ••. • * .... *; * • • .- •• • Arkansas • • • * ...... ^* California .. • • ...... • .. Colorado • . • .. • .-. • if Connecticut • • • • Delaware * • • ...... * .. * Florida .0 • - . • • • ... .;..'...... ;.. Georgia • .. • • • • .. • .. .. • .. Idaho • :. • .. • .."•'..-• .. lUltfoU • .. • .... • • .. • .. • .. • Indiana •. • • .. ..Iowa • if Kansas • ..Kentucky • • if ...... Louisiana .. • •. .. • .. .. Maine * .. • • .. •,.... • • .. .. Maryland .. . • if...ir .. .« * -A- • • * Massachusetts * • • •: * • •.i3?2" •• ••,.•-• • .. • .. .. * Michigan • .. • .., .. • W • • .. .. • .. .Mtonesota •.;..*.. if ...... Mississippi * .. .. ' • • • ...... : .MontanMissourai '••^x • if Nebraslca • .• if Nevada if New Hampshire • • if : New Jersey • • • • • if New Mexico * • * • if .. .New York • • North Carolina * .. •*-..•-.. -..;. North pakbta • • • ...... ':-:••.: ...... -....Ohio * ., if Oklahoma * • • ...... Oregon if .Pennsylvania •. .Rhode Island ... ^ • ••f •r • .. South Cardllna .. ^* • • • • • • • .. • —• • .South Dakota .. * • .. .. • • .. 7: :: .Tennessee .. • .. Texas,., * * ...... • .. Utah if.ir., Vermont • ... ,./...... :'-\...... Virginia • • • • • .. • .Washington • ...... A»-. West Virginia * • .. • •- • • . • . .OB: • • • Wisconsin • • • • • .... .ym Wyoming ^ lil 154 THE BOOK OF THE STATES RECORD OF UNIFORM AND MODEL STATE LAWS ENACTED—Concluded As Reported to September 1, 1947 1 <3 > . •1 ST if*-. R "A s? H 2 Oi cs 2 •-I Ok O .'^ t 1 • .2 , 1 *.* "^ o» 00 •^ !5 c *i ^ ^^ •cv, . ^ <\j 2 *.< K . o, o • • • "^ •2 .0 • o o c . .2 « •So '^ Q •"2 .2. S o •2 .ex- ** • ** Q 1 t2 f o *•* K .« Q O R w ofSo? O v> to O •2 4} .£3 o* tog; --(J w 3 o II •Si *>• ? . S. s-« ••• E III \> CO cq o OH ^ ^ a; . S ;? • *•* 1 1 c3 H Total 8 1 2 34 8 3 4 0 4 4o 2 5 2 2 - 0 1 0 0 2 11 4 Alabama • ,>'• Arkanftan. ,- • .. :. .... -k California..... \ • 1 Ckilorado... 'j .• ,. ; • •• ,'•• •• • •' '.' ':• • • * • Florida • A A • * lUlnbte... • Indlitna. • .. 4- Iowa', t: Kaniiflii, , , • .. ir Kentucky *• Louisiana * • •.. ^ -- - Maine. • Maryland. • • • ... -k ... ••• '•• • * Massachusetts.... • • • • MInnpflotn .,.,..• Mississippi. * Missouri.... 1.... • Montana • • .. •*• ' ''•''I • •• .. .. • North Carolina • •. > North Dakota..... • .c Ohio...... '...... • s>* 1 • * • Pennsylvania •• .. • • Rhode Island •. • , . ,, . . .. South Carolina... South Dakota..... • • Tennessee...... • .. • Utah ..•»• • • Vermont..'. •v ... *• • •*• .. Vlrttlnla Washin(tton • * Wisconsin...... • .. •*• Wyoming • • \^ c^a DIRECT LEGISLATION* HE devices of direct legislation are of tliere been—in spite of a good deal of criti Tfour types—initiative, referendum, re cism, in some quarters—any repeals.^ call, and recall of judicial decisions. The constitutional and statutory provisions in THE INITIATIVE the several states, relating to the initia The initiative is of two types, direct and tive and referendum appear in Table 1, indirect. The direct type, used in eleven those relating to the recall in Table 2. A states, places a proposed measure upon brief comment with regard to the history the ballot for submission to the electorate, and development of direct legislation fol without legislative actioiT. In the indirect lows. type, used in six states, the initiated meas The spread of these devices came at a ure goes to the legislature which must act time when confidence in representative upon it within a reasonable period. If institutions was at its lowest ebb. The ini passed unchanged and signed by the gov tiative particularly represents an attempt to ernor, it becomes law forthwith, unless, a devise a method by which the people could referendum petition is entered. If amend- themselves decide questions of public policy ed, or if hot acted upon within the speci which their elected representatives were fied period of time, it must be submitted to- unwilling to deci^e^r upon which they had a referendum. Thus the electorate acts made a decision contrary to the wishes.of a twice, once through the filing of|the peti majority of the electorate: They represent tion, and again through a referendum, an attempt to get back to a form of pure should the legislature fail to accept the democracy, such as existed under the town exact proposition presented by the petition. meeting system, the principal difference The.laws of three states provide for both being that, with a larger population dis systems. tributed over a wide area, preferences had' to be indicated by means of a paper ballot THE REFERENDUM rather than by a voice vote in a meeting at . Thereferendum likewise takes two forms, which all citizens might be physically pres optional and compulsory. These terms are ent. ' more or less self-explanatory. Under the The history of direct legislation in this optional form, which ismdre common, country now extends over a ^riod of half measures are placed on the ballot by peti- a century. In 1898 South Dakota was the tion. Under the compulsory form, cer- first state to adopt the legislative initiative, tain types of laWs must be referred to the In the next twenty years, approximately people. From another point of view, the twenty states put the state-wide initiative refereniium, like the initiative, can be and referendum into operation—twelve of classified as constitutional and statutory. them between the years 1910 and 1916 In the twentieth century, constitutional while the Progressive movement was at amendments have usually been, submitted its height. to the electorate for their approval or re- Two others—New Mexico in 1911, and Maryland in 1915—have the referendum *For fuller discussion of these questions, see L. alone. Geographically, all but five are Ethan Ellis. The Legislative Initiative and Referendum (Governor's Committee on Preparatory Research located west of the Mississippi River. Al for the New Jersey Constitutional Convention, though there have been no additional adop Trenton, 1947); Paul G. Steinbicker and Martin tions in the last thirty years, neither have L. Faust, Manual on the Amending Procedure and' the Initiative and Rejerendum (Missouri Constitutional • •Prepared by W. Brooke Graves^ Chief, and Convention of 1943, Columbia, 1943); and W. Samuel H. Still, Legal Analyst, State Law Section, Brooke Graves, American State Government, Third Legislative Reference Service, Library of Congress. Edition, 1946, pp. 168-179. ,155 156 THE BOOK OF THE STATES jection, as a matter of course. It is with These elections are of two kinds. Under regard to statutory referendurns that the the first plianj used in ten states; the incum distinction between optional and compul bent's name automatically appears on the sory forms occurs. ballot in oppositidn'to candidates nonii- . \While-theoretically the referendum rep nated subsequent to the filing of the peti resents less of a departure from our tradi tion. The candidate receiving a plurality tional representative procedures than does (in a few cases a majority is required) is •% ^ the initiative, it does offer—at least in its elected Cor the balance of the term. Under compulsory form—a "buck-passing" de the second plan, used in eleven states, a vote vice by which the legislature may evade its is taken 6rj_ the question of recall and a sep responsibility for making-^decisions. The arate vote (usually at the same election) is procedures followed in the case of a refer taken on candidates exclusive*of the in endum are essentially the same as those cumbent. If a majority votes for recall, applying to the initiativie, with one impor the candidate obtaining a plurality is elect tant exception—the percentage of signa ed for the balance of the term. In a tures required may be somewhat lower. few states, the^question is solely onthfe mat ter of recall. If a majority votes for recall, THE RECALL a vacancy exists to be filled as other va There are laws providing for recall of cancies are filled. Both plans are used in officers in twenty-seven states, twelve of five states, while no plan is specified or which include state officers. In a number prescribed in another.. of other states not having general laws, the irters of certain cities contain recall RECALL OF JUDICIAL DECISIONS proyisiohs, and special laws .not printed While there is no tabular matter on the iti tne codes authorize recall in the affected recall of judicial decisions, this idea was so pdlifical units. Recall proceedings are in- much a part of the Progressive movement itiatned, as in the case of the initiative and that some riiention of it should be made. referendum, by the filing of a. petition Under this plan, a majority of the electo signed by a specified percentage of voters. rate could set aside a court decision of un Generally the petition may not; be filed constitutionality; they could, in other words, during the first part of the incumbent's by this informal means amend the consti term. Most of the laws restrict petitions tution. A constitutional amendment was until the first recall. proceedings have adopted in Colorado, in 1912 providing for failed. When the sufficiency' of the peti this system, but it seenis never to have been tion is eistablished, an election is called. given very serious consideration elsewhere. '9. ?••.*••- .,„••. ... .• • o«^. -^ / tzmx LEpiSLATION 157 1 TABLE I INITIATIVE AND REFERENDUM* Pelition Reqtiiretnenls (Initiative)^ • Constitutional Statutory Constitutional State* Year . Basis Provisions Statutory Amendments Comment- Alabama...... 1915 Laws 1915 No. 302 (p. "Election-commission to • 322-323) have charge of and hold .all municipal (elections, including . . . initiative, referendum, and recall election " '^ Arizona. 1911 Art. IV, 1 CodeAnn. (1939;Supp, 10% 15% ' and Art. XXI. 1 1945) 560-101 to 560- 1914 Art. XXII, 14 115 - Arkansas". 1910 Art. V, 1 Dig. Stat. (Pope 1937; 8% 10% Special referendum 1920 Supp. 1944) 551772- local ordinances. 1925 1773; 13285-13309, 1935 19563-19573, Laws 1943 No. 195 (Supp. 1944 pp. 733-^737) California. 1911 Art. IV, 1. lb Election Code (Deer- 8% Si>eclal initiative and ref 1931 ing, 1944) 5545. erendum on county and 1932 . 1400-1806 town ordinances and 1945 freeholders charter amendments. Colorado 1910 Art. V, 1 Stat. AnnT'TMi^hie, 8% 8%. 1935; Supp. 194Srai. 86 51-17 Connecticut. 1918 Gen. Stat. (1930) . Referendum for educa 55988; Supp. (1941) tional purpose etc.. un 5106 f; Supp. (1943) der special laws. .5753g Florida. 1895 .Art. III. 521 Stat. (1941) 599.16 Referendum only on local 1928 Amended Laws 1945 . and special laws. 1935 ch. 22626 -Ceorgla. 1877 Art. VII. §7. CodeAnn. (1936) 534- Referendum on certain Par. 5 1903; Laws 1946 county or municipal Art. XI. §1. p. 208 revenue certificates; Par. 7-9 consolidation of county or municipal govern- • ments; and changes in county boundaries or' sites. Political parties may submit questions at a primary. Idahod.... 1912 Art. Ill, 1 CodeAnn. (1932; Supp. »* 10% 1940) 5533-1901, tdt 33-1923. 49-147.49-f 3301 to 49-3317 \ Illinois. 1901 Rev.S^at. (1945)ch.24 25% Provides for ". .. an ex 519-66 to 19-70, ch\ (local) pression of opinion by . 48 528-1 to 28-3 10% electors on questions of (state) public policy." ? Iowa" 1857 Art. 111,30 Code (1946) 556.1-6.11. 25% Initiative and referendum Art. VII, 5 49.43-49.50, 416.75, on ordinances in com 416.80-416.87, mission and manager 419.45-419.48, etc. cities. Constitutional, authority for referen- dumoncounty boundary changes or increase of ' ,y 'a3 " state debt. Rhode Island: the legislature in 1936 proposed an amendment <• The legislature in 1933 proposed to amend 11 of Art. Ill of the' to the state constitutionsoas to provide wide ipowers of popular ' constitution s<^ as to provide that only, a majority of the votes initiative and referendupi. butthe proposal failed of second pas cast on any law proposed by the peojpleunder the initiative sage by theXleeialature-Iwas. withdrawn]. See Laws 1936 shall be required for its adoption. The jpeople rejected the PP- 'JQ2::623. Vtrginia: apparent statutory authority for sub roposal November 6, 1934. See Laws 1933 pp. 473-474. mission of questions and referendum. Code (1942). il97a. 8n April 17,1913, the Iowa legislature passed a joint resolu Petition.requirements for the referendum are frequently lower tion proposing an amendment to il of Art. Ill of the state than for the initiative.. Otherwise, they arenut substantially constitution relating to legislative authority.. The amend different. ^' „ ment provided fbr the initiative and referendum with refer A propoaal'in the nature of an initiated measure to amend the ence to the enactment of laws, or lavirs enacted by the general constitution so aa to compel referendum by use of mandamus assembly, and amendments to the constitution. The measure was rejected by the people in 1930< was never referred to the people, having failed of a second Prepared by W. Brooke Graves, Chief, and Samuel H. Still, passage by the succeeding legislature. See Laws 1913 pp. 423- Legal Anafyat. State Law Section. Legislative Reference >^2S, H. J. Res. No. 5.. Service. Library of Congress. ••^; ..t 158 THE BOOK OF THE STATES TABLE I INITIATIVE AND REFERENDUM—Continued Petition Requirements (Initiativey' Constitutional Statutcay Constitational . Stale* Year Basis Proviswns Statutory Amendments Comment \ Kentucky...... 1891 $147 Rev. Stat. (1944) Initiative and referendum §§89.240, 89.250. 25% on ordinances in city 89.260.89.600. manager and commis 89.620, 132.100, sion cities. • 132.120, 242.130, 242.180,248060, 272.210, Laws 1946 .' ch. 242 §28. Louisiana. 1910 Gen. Stat. (Dart, 19.39; . 25% Initiative and referendum 1912 Supp. 1946) §§228. on ordinances in com 1914 5451.16.5468-5469. mission-manager cities, .5490-5491. 5527- commission parishes 5541,6209-6211, and New Orleans. In 6267,6377-6378 Shreveport referendum • is required for certain, ordinances.' 'r " ••"••''Maine? ->...... 1908 Art. IV, Pt. I. Rev. Stat. (1944) ch. 7 12.000 Prohibited Provides for a people's • l;Art. §1-6 . signa .veto of acts of' legis-. XXXI tures' lature. 1915 Art, XVI Laws 1945 ch. 934 Has referendum only. §§44, 191-194 * Massachusetts.. 1918 Articles of • Ann. Laws (Michie, 25.000 25,000 Questions dtpublic policy Amendment 1933; Supp. 1945) -Signa signa to ascertain sentiments XLVIIl, ch. 43 §37-44 ch. 53 tures tures of votef^ may be sub-' * 150-178 §18-22a, ch. 54 mitted. ••^• ' §53-56 1905 Art. V. 1,30, Comp. Laws (1929; •. 8% 10% 1913 38 Art. Supps. 1940, 1945)' XVII, 1-3 §3285-1 to 3285-14 1905 Art, IV §36'' Stat. (1941) §375.20, Initiative and referendum 410.07-410.14 in home role. Charter cities. Referenilum in counties. Mississippi!...;. 1914 : Code Ann. (1942) 1/10'of Initiative and referendum : §3769 .electors to municipalities only. 1908 Art. Ill Rev. Stat. (1939) 8% 8% ' 1945 §49-53 §12286,12288- Art. XII, 12291, 12294-12295; 2(b) Laws 1945 pp. 987-'-' ",,•.•- 990 Montana.. .*.... 1906 Art. V, 1 Rev. Code Ann. (1935; 8% • Prohibited 1907 Supp. 1939) §§99- 108,5058-5068; Laws 1945 ch. 104 Nebraslca...... 1912 Art. III. 1-4 Rev. Stat. (1943) 7% , •..10% . 1920 §§14-210 to 14-212, '••.'. 1934 18-lOr to 18-129, 19-639 to 19-640, 32-1801 to 32-1814. Nevada 1904 Ai?t. XIX;"H3^ -Cb.tnp. Laws (1929) 10% 10% 1912 §'S2S31T2535, 2570-2586---^. • Under a proposal to amend §17 of part third. Art. IV of the re8ervingj.tp the people the powers of initiative and referen Eai state constitution, this number of signatures required. is dum. It was^votedupon November 3,1914, and was declared changed to 10% of the total vote for governor cast in the last passed and approved by the legislature in..t,9t6 (Laws 1916 gub;:rnatoriaI election preceding the .filing of the petition. ch. 159). The state's supreme court, howevefi in 1918 declared See Laws 1947 Res. ch. 37. the amendment vtiid on a fmding of fact that it had not been * In 1913 and in 1015 the legislature proposed amendments to ratified by a majority of all voters voting at the election. See §2 of Art. IV of the state constitution tlie effect of which Power V. RobMioH,.l30 Miss. 188, 93 So. 769, also George H. would have been to establish the initiative and referendum. Ethridne. Mimisippi Constitutions, 192S, pp. 607^16. ' Both proposals failed to receive the constitutional majority ' An amendmeiB to the constitution. Art. Iv JL to provide for necessary for ratification. See Laws 1913 ch. 584; Laws 1915, initiative and Referendum was proposed as early as 1903 but' ch. 385. . - was rejected November, 1904. See Laws 1903 p. 280. An "-The constitutional requirement that the charter shall provide amendment proposed by Laws 1913 p. 774 calling for repeal a legislative body for the city, is not violated by conferring of Art. IV §57 (initiative and Referendum) and enactment of the power of the initiative and referendum upon the electors a new §57 was defeated by the voters November 3, 1914. A of the city after establishing such legislative body. State ex proposal submitted by initiative petitlop to amend §57 of rel. Zien v. City of Duluth (1916) 134 Minn. 355, 159 N.W. Art. IV to provide that the required number of. signatures ; 792. in initiative and referendum petitions be based on the vote ' In 1913 (Laws 1913 Ex. ch. 520 p. 526) the legislature sub for governor was reiectedby the people. November 5, 1940. mitted an amendment'to the state constitution. Art. IV, §33 See Laws 194L.P. 725. W" LEGISLATION , : TABLE I . INITIATIVE AND REFERENDUM—Contincied Petition Requirements {Initiative)^ r-- ' ^—. V Cqnstitutional Statutory Constitutional. 5/o/e» Year Basis . Provisions Statutory Amendments Comment New Jersey 1915 Rev, Stat. (1937; •» Has statutory regulation < 1920 Supp. 1944) 1:5-1 to • for deterniiningvote on 1:5-2, 19:1-1. 19:1-4, laws submitted to ref- 19:3-1,19:3-2,19:3-6, , erendum and such sub-', 19:14-13 to 19:14-15, mission 13 held constitu 19:14-27 to 19:14-33, tional by the ; state 19:37-1 to 19:37-5 courts (llttdspeth v. Swayze, 85 N.J.L. 592) but there is. no provi sion for demand of ref- erendutn.by the elector ate. - New. Mexico. 1911 Art. IV. 1 Stat. Ann. (1941) 20%' Has initiative for city 1919 §514-1013 to measures only. 14-1015, 41-810 to 41-811,48-505 to 48-509, 56-401 to 56-409 New York...... 1895 Art.VlI.U.U City Home Rule §515- Referendum on local laws / 1918 Art. IX. 2. 12, 17, 20(1) County conferred by statute. 1938 14 §379 (7-11) Public Also referendum re Art. X. 5 Officers 570-a Town quired by constitution /" Art. XIX. 1 §81-94 Unconsoli to increase the state dated §1679 Village debt, eliminate grade Law §§139, 139a , crossings,' increase pow (Thompson's Laws er of. public corpora 1939andSupps,1945) tions, etc. H, North Carolina. 1917 Gen. Stat. (1943) 25% Initiative and referendum 1927 §§160-62, 160-352. . on local ordinances only. \-- •• : 160-353, 160-334 to 160-336 , Nm-th balcqta"'. 1914 Art. II, 25 Rev. Code (1943) 10.000 20,000 1918 Art. XV; 202 551-0226, 16-0111, signa signa 16-1107, 40-1201 to tures tures 40-1513 Ohioi\.. 1912 Art. II, 1 Code Ann. (Throck 6% 10% la-Ig morton, 1940) Art. IV §7 553515-1, 4227-1 to 4227-13. 4785-103, 4785-176, 4785-203 to 4785-205 Oklahocnav, 1907 Art, V, 1-4. . Stat. (1941), Tit. 34 8% 15% 6-8 §1-66 25% mu Art. XVIII, nicipal .4(a)-4(e) Oregon •". 1902 Art. IV, 1, la Comp. Lawis.NAnn. 8% 8% 1906 Art. IX, 1. la (1940; Supprn943) 1910 Art. XI, 10 §§81-2101 to Art. XVII, 1 81-2120,81-2 to 81-2413, 86(^01 •• As early.as 1907 an'amendment to the constitution to prt^ide amend 51K of Art. II of-the constitution effecting changes •for initiative and referendum passed the legislature^ra was relative to publication of notice of proposed law or constitu referred to the legislature of 1909 but failed of scconrfpassage tional amendment together with arguments for and against. as required. See Laws 1907 p. 451 (to amend aonstitution The proposed\amendraent was defeated by "a vote of the peo Art. 11525). In 1931,1935, 1939,1941. constitu^nalamend- ple. See Laws!923 pp. 611, 643 and Ohio Stale Journal, No . ments were proposed to increase the reqmi^d number of vember 7, 1923. An'initiated 'theasure proposing to change petitioners but were rejected by the people.. See Laws 1931 ' the constitutional requirement as to number of required ch. 107; Laws 1933 p. 493: Laws 1935 ch. 103; Laws 1937 p. signatures was rejected by the people November 7, 1939. 515; Laws 1939 ch. 113; Laws 1941 p. 590; Laws 1941 chs. A proposal (initiated) to amend 5' of Art. IV of the stat? , 113, 114-. ' constitution was.defeated by a vote of the people, November ' The legislature in 1923 passed a jpint resolution proposing to S, 1912. 160 - THE BOOK OF THE STATES TABLE I , INITIATIVE AND REFERENDUM—Concluded Petition Requirements ."•• (Initiative)^ A " Constitutional Statutory ... Constitutional • Stale*' • Year Basis Provisions Statutory Amendment's Comment Pennsylvania". 1929 Stat. (Purdon. 1936; Initiative and-referenduin 1931 Sutjp. 1945) Tit. 18' in third class cities on • • • •. \ . 5§1994-2002, 2010n- local measures only. 2010p; Tit. 25 §§21. Questions may be sub- 1726; Tit. 53 mittefd at any election §§212198(^04.1030- of any borough. Provi 1042, 1050-1061. sion is made for submit • 1064). 15361 V ting "constitutional amendment, or other question" on a separate ballot, at general elec tions. South Carolina. 1895 Art. Xi 6. 7. 11 Code (1942) §7610; This referendum exists 1915 Laws 1944 No. 796 only for the provision that constitutional amendments and in creases in the public debt must receive in the • general election the endorsement of two- thirds of those voting on the question. A 1915,^ provision for initiative and referendum in com- : mission cities was re pealed in 1944. South Dakota. 1898 Art. III. 1 Code (1939) §§16.1301- 5%- Proliibited' 16.1307, 55.0401- 55.0406 V Utah...... 1900 Art. VI. 1 (2) Code.'^nn. (1943) \(r/„ Prohibited 1917 §25-10-1 to 25-10-25 Vermont.; 1890 ^ Public Laws (1933) "When the question of ap 1935 ffi §§223-225.294.299. proving a constitutional 1208-1209, 3605, amendment or any other 36S9-3661; question is submitted Laws 1935 No. 10; • by the general assembly Laws 1944 Ex No. 1. • to the people, such ques tions shall be printed upon ballots." Washington. 1912 Art.. II. 1 • Code Ann.. (Pierce, . IC^o Prohibited Art.XI.2.4.10 1943; Supp. 19-45) §§39-43, 115-141, 367-17. 392-41 to 392-45, 525-45, 531-25. 639-1 to i~ 639-55. 9123-9. Wt«t Virginia. 1937 Code .^nn. (Michie. 10% Initiative and referendum 1943) §591 (58) on ordinances in honie «rule cities only. Wisconsin?... 1911 Stat. (1945) §§6.158. Provides for canvass of 6.80.6.83.10.40. % votes on measures re . 10.43.10.44.10.61% ferred to the people by 38.17,59.865,59.997. the legislature. ^ 60.29 (37), 66.01- ^ 66.06 (8) 67:05. 80.02. 80.30. 80.39. 92.09.176.08,176.38, 176.39, 193.38, . 197.04. 198.06 (2) Wyomingn.. 1913 Rev. Stat. (1931) 30% Initiative and referendum §§22-602 to 22-603. . on ordinances 'in com 22-624 to 22-633 •. mission cities. A law enacted in 1929 providing for submitting any question the polls, and to approve and reject at the pc^ls any act of >thc at the elections of a borough was repealed in 1937. See Laws .legislature; The amendment was rejected by a vote of the 1929 pp. 851-852 No. 370; Laws 1937 pp. 916-917 No. 247, people. See Laws 1925. H. J. Res. S3 pp. 712-716. The Wisconsin legislature in 1925 passed a'joint resolution A proposal by the legislature in 1911 to amend §1 oft Art.Art., Ill .proiMsing to amend 51 of Art. IV and Art. XII of the constitu of the state constitution to provide for initiative andAandAefere - tion to give the people the power to proppoe laws and amend endum was defeated by a vote of the people Novesnbevejnbe r 5 ments to the constitution and to. enact and reject the same at 1912. . \ • •>" •• V V' , "t' LEGISLATION 161 TABLE 2- THE RECALL* •Signatures -• Constitutional Stattttnry,. —Officers to Which Required for Slate^ Y.eary Basis Provisions Applicable Petitions Comment Arizona^. 1911 Art. Van Code Ann. (1939) Every elective officer 25% of votesVXbc provision in §1 §560-201 to 60- including U. S. sen cast at last theconstitution 306, 75-414 ators arid represen preceding is self-executing. tatives and advKo- general elec See Miller v. ry recall of U. tion Wilson, 59 .-^riz. district judges 403,129Tac. 2d 668. Arkansas'- 1921 None" Dig. Stat. (Pope, Every elective officer] 35%. of votes An initiated meas 1927 1937)510106 in cities of firstclass' cast at last ure to amend under commission preceding theconstitution form general elec to permit recall tion of certain bffi; cerswaa reject ed by the voters in 1932. California. 1911 Art.XXIir Election Code Every elective public 12% to 25% of- (Deering, 1944) officer votes at last §11000-11196 preceding election, de pending .on. size of the government- • al unit in volved Colorado''... .. 1912 Art. XXI .. Sla'tTAnn. (Michie. Every elective state 25% to 40% of 1935 1935) ch. 45 §188- and couiity officer, votes at last .192 and to local officers preceding on local legislative election action • Idaho . 1912 Art. VIS 6 Code Ann. (193i2: Every public officer 10% to 35% of 1933 Supp. 1940) §§49- except judicial of votes at last •^^s 147. 49-3401 to 49- ficers. Special pro preced i n g 3417,65-22.\I01 visions applicable general elec to65-22A12Jf? to cities having tion depend coiiunissioh govern ing upon a ment and first class variety of : . • citie.') factors Illinois 1911 None Rev. Stat. (1945) Every elective officer, .55% of votes For cities only in 1919 ch.,24 5519-58 to except judicial of . for mayor at cluding alder- 1941 19-65, 21.-24 ficers, in commis last preced nien of Chicago. sion form cities ing geni'Ml municipal election .1907 None . Code fl946) Every elective officer 25% of votes For commission 5416.'63-416.-. in commissiotl form for mayor at plan cities only. cities last preced ing general municipal election . Kansas...... 1914 Art. IV ' Gen. Stat, .^nnrr- Every elective officer 10% to 25% of .Ml public officers, §3-5 fCorrick, 1935) . votes de including first §513-1711, . pending up and secorid class 14-1209 to 14-1211 on size of cities. governmen- . tal unit, in volved An Alabama law enacted April 11, 19tl_ (Laws 1911 p. 591 "In iy.?2ian initiated proposal to so ame'nd tlie constitution as §14) providing for recall of citv commissioners was held void to.prdyide forrecall of elective officers was defeated by the as Violating Const.. 1901 §§173, 175 providing method of re votersi'"^ . ' '•-'• moving municipal officers. Williams v. Stifle, 72 So. 330. 197 <" An amendment to §1 of Art. VI of the constitution was pro .• Ala. 40 (1916). A similar provision in a lo^al statute creating posed by initiative petition land adopted' by the people No a commission'form of government for the city of Mobile was vember 5, 1912.' This amendment prohibited courts other, held void as violating Const. !901 §§173, 17S, providing than the supreme court from declaring any law unconstitu-- method of removing municipal officers in WJUiami v. Schwarti, tional and provided for recall of judicial decisions but was 197 Ala. 40, 72 So. 330 (1916). ' • ... - declared in violation of due process clause of Amendment XVI The years indicate adoptions of constitutional provisions or .to U. S. Constitution. See People v. Western Union Telegraph amendments and in some instances the more Important • Co. 70 Coldi. 90. 198 Pac. 146 (1920) and People v. Max, 70 /^tatutory provisions. Colo. 100. 198 Pac. 150(1921). • Prepared by W." Brooke Graves, Chief, and Samuel H. Still. Legal Analyst, State Law Section, Legislative Reference Service, • Library of Congress, -•\, 162 THE BOOK OF THE^ STATES • • :-. TABLE'2 • • • • \, • ' THE RECALL—Continued _ .—* '••'••» • ' • Signatures ' Constitutional Statutory , Officers to Which . Required for State* Yearb Basis Provisions •.„, Applicable ' Petitions ...J • Comment 1910 Art. IX §9 Gen. Stat. Arin. Every elective officer. 25% of state • ^ • 1912 (Dart, 1939) of state and local electors; \ --.^ 1914 555467. 5489, . Rpvernment,except 25% to . 1921 5519, 5526, 5554. judges of courts of 33 K% in 6201.6376. 7687- record . municipal 7701 ities 1913 Art. Ill 18 Comp. Laiw? (1929; Every state and local 25% of votes . • • •• . ; . ". 1927 Supps. 1940. 1945) elective officer, ex for officer 1931 §3382 to 3388-1 cept judges, of involved at ' 1937 courts of record ' last preced , -• • \' • • . • " 1939 ing general • • •• s ' 1941 election : Minnesota... . None Stat. (1941)\§410.2p Every elective officer As provided in For cities only. in home rule cities charter . Mississippi... . 1918 None Code Ann. (1942) Every elective muni 25% of electors For cities only. §3769-3779 cipal officer of munici » pality 1919 None Rev. Stat. (19.W Every elective officer 20% of votes For cities only. §6565-6574, 6,650 in Krst and second in each of class cities two-thirds of wards, 20%. to 40% - 1 of votes for theoifice at last preced- • ing election Montana.... ; 1917 None Rev. Code Ann. Everyelective officer 25% of electors, For cities only; ', 093.5) §55394. ' in commission form of city • 5419-5426 cities; commission • • •• ' '• ers in manager • , cities" Nebraska"; '. . 1911 None' Rev. Stat. (194.3) City cJru-ncilmen, 25% to 30% of For cities and • 1937 §§19-424 to 19-433 , county officers, ex vote cast at counties a pro- 19-628 to 19-637. cept county super- last preced • posed constitu 23-2010 to • intcndents of pub ing city elec tional amend .\ 23-2011 1 • . lic instruction tion ment to permft" recall of elected state • officers was rejected by •.'•.-'.' " * the voters No vember 8, 1938. Nevada..... 1912 Art. II S9 Comp. Laws (1929) Every elective Officer 25% of votes 1913 §4864-4874 ' for supreme. » ' •* . court justice at last pre ceding • elec tion . New Jersey.. 1915 N"one > Rev. Stat. (19.n)-^ Commissioners in 25%^of votes For cities qnly. 1934 §540:75-25 to • commission form at last pre 40:75-49 cities ceding elec- t i 0 li f 0 r members of / ' '"'- •• • '-;. the genera! *\ • " assembly • 'J New Mexico.;;^ 1919 None Stat. Ann. (1941) Every elective city 15% of votes For cities only. •^1937 §514-1012,41-810. officer cast-at. the 41-811 election of . • •» " • the^ officer whosie. recall is proposed ^ North 1917 None Geni Stat. (1943) . Every elective officer 25% of votes For cities only. . Carolina *.. §5160-334. in commission form for mayor at - • • ' • ' , '• . • ^ 160-336 cities last preced V ' ing general •" • . - , municipal ' • •• • ^• • • • • . • • • election 1 . ": In 1937 the legislature proposed to amend §29 of Art. IV-of amendment was rejected by the peoplet November 8, 1938. the state constitution so as to provide for recall of elective Laws 1937 ch. 210. state officers upon petitions signed by 25% of voters. The L K r cL, \ /• LEGISLATION V 163 TABLE 2 v THE RECALL—Cdnci^ed Signatures •,••"•( Constilulional Slalulory i^fficers 10 Which Required for Slate*' Year^ Basis Provisions ^ Applicable • Petitions . Comment North Dakota 1920 Amend. Rev. Code (1943) Ei'ery elective officer' 30% of votes 1923 Art. 33 / §16-0111 for governor at last pre; > . ' ceding elec^ tion Ohio.. , 1927 ,Art.VH§2 Code Ann. (Throck Every elective muni 15% of votes • For ci\ ies only. • \' morton, 1940) cipal officer' at last pre • §3515-1. . ceding gen eral munic ipal election .1908 Art. II 5i8 Comp. Laws Ann. Every officer. Not exceeding 1917 (1940) §581-2201 25%oWot€s 1926 to 2207. 81-2401 \ " . •'''•'/' for justice of - • to 81-2413 supreme- court at the •preceding election South Caro 1910 None Code (1942)-§7638; Mayor and cbuncil- 20% to 40% of For cities only.„ lina.. Laws 1944 No. 750 • .men in certain com votes at last mission form cities primary, de pending on ^;: :• :,'• population V South Dakota.^ 1913 None Code (1939) Mayor and-commis 15% of votes For cities only. §45.1325 sioners in commis at last pre- sion form cities cediiig aii- ntial election a t w h i c h • theseofficers -were elected Washln^lton... 1912.Art. IS33-34 Code Ann; (Pierce Every elective state 25% to 35% of 1943; Supp. 1945) and municipal of votes de ' §§118-89,392-39. ficer (in certain pending on. S30-.1 to 530-37 cities) except judges office of courts of record West Virginia. 1937 \ , - Code (1937) 3 591 Every elective officer •20% of the For home rule •'' (58) in home rule'cities, voters •' cities only. > • • .••ssir^av' ,-"••• if so provided by charter Wisconsin.... 1926 Art: XI11 .Stat. (1945) Every elective state, 25% to33M% 1933 §r2 §56.245. 10.40, and municipal of of votes at 10.43-10.44. ficer. last general 17.12,64.06. election de- 348.201(2) pen d i n g upon size of unit . Wyoming, , , 1911 Rev. Stat. (1931) Every elective officer 25%ofelectors For cities only. S 22-623, S 22-729 ', in commission fotiri. of city or • .•.".,,• cities and manager town •; • ^.'•. cities and towns ' Provisions for recE.ll of elective officers in cominission cities reasons for demand for recall be printed on the ballot was were repealed by Laws 1933 ch. 174.. A proposal, by the rejected by the people June 25. 1940. See Laws 1939 ch. 114: legislature to amend Art.'33 so as to require a statement of Laws 1941 p. 550. e i> o /u