Yont v. Secretary of Commonwealth

176 N.E. 1, 275 Mass. 365, 1931 Mass. LEXIS 1399
CourtMassachusetts Supreme Judicial Court
DecidedMay 2, 1931
StatusPublished
Cited by33 cases

This text of 176 N.E. 1 (Yont v. Secretary of Commonwealth) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Yont v. Secretary of Commonwealth, 176 N.E. 1, 275 Mass. 365, 1931 Mass. LEXIS 1399 (Mass. 1931).

Opinion

Rugg, C.J.

There was enacted by the General Court on March 24, 1931, and approved by the Governor on the same day, “An Act providing a Program for the Acceleration of State Highway and Building Construction, in order to alleviate the Present Unemployment Emergency,. and [366]*366for furnishing Certain Temporary Financial Relief to Cities and Towns, to be financed by the Issue of Short Term Notes and from the Proceeds of an Increase in the Gasoline Tax.” St. 1931, c. 122. The act contained an emergency'preamble in these words: “Whereas, The deferred operation of this act would tend to defeat its purpose, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.” By virtue of this preamble, the act became effective forthwith. Art. 48 of the Amendments to the Constitution, “The Referendum. I. When Statutes shall take Effect.” “II. Emergency Measures.” Art. 67 of the Amendments to the Constitution. Rosenthal v. Liss, 269 Mass. 373. On March 27, 1931, the petitioners filed with the respondent a petition asking for the repeal of said c. 122 and for a referendum thereon. Art. 48 of the Amendments to the Constitution, “The Referendum,” “III. Referendum Petitions,” §§ 1, 4. No question is made as to the form of the petition. The respondent refused to provide blanks for the use of subsequent signers of the petition. This proceeding by mandamus is brought to compel the respondent to provide such blanks.

The single point at issue is whether said c. 122 falls within the matters excluded from the operation of the referendum. The governing words in art. 48 of the Amendments, “The Referendum,” “III. Referendum Petitions,” § 2, “Excluded Matters,” are these: “No law . . . that appropriates money for the current or ordinary expenses of the commonwealth or for any of its departments, boards, commissions or institutions shall be the subject of a referem dum petition.”

An amendment to the Constitution is a solemn and important declaration of fundamental principles of government. It is characterized by terse statements of clear significance^ Its words were employed in a plain meaning to express general ideas. It was written to be understood by the voters to whom it was submitted for approval. It is to be interpreted in the sense most obvious to the common intelligence. Its phrases are to be read and- construed [367]*367according to the familiar and approved usage of the language. Jones v. Robbins, 8 Gray, 329, 340. Tax Commissioner v. Putnam, 227 Mass. 522, 523, 524. Attorney General v. Methuen, 236 Mass. 564, 573. Loring v. Young, 239 Mass. 349, 372. United States v. Sprague, 282 U. S. 716.

The matters excluded from the referendum by the clause of art. 48 of the Amendments already quoted relate to appropriations made by the General Court. That clause falls into two subdivisions: the first comprehends laws which appropriate money for the current or ordinary expenses of the Commonwealth; the second comprehends laws which appropriate money for any of the departments, boards, commissions or institutions of the Commonwealth. A clear separation thus is made between these two classes of appropriations.. The distinction is drawn between appropriations for the current and ordinary expenses of the Commonwealth, on the one hand, and appropriations for the departments and other subsidiary divisions of the undertakings of the Commonwealth, on the other hand. Both art. 48 of the Amendments, relating to the initiative and referendum, and art. 66 of the Amendments, requiring that the executive and administrative work of the Commonwealth be organized into not more than twenty departments, were submitted to the people and ratified and adopted by them on November 5, 1918. Considering them together, it seems clear that the second branch of matters excluded from the referendum by the clause already quoted from art. 48 has relation to the departments, boards and commissions described in art. 66. For several reasons it is not permissible to interpret the word “departments” used in the relevant clause of art. 48 as comprehending the three grand départments of government described in arts. 5 and 30 of the Declaration of Rights. In art. 5, the “authority” derived from the “power residing originally in the people” and vested in “the several magistrates and officers of government” is described as “legislative, executive, or judicial.” The word “department” is not used. The word “department” is used in art. 30. It there embraces, as applied respectively to “the legislative department,” “the execu[368]*368tive,” and “the judicial,” all the functions of the government of the Commonwealth. Although the same word in the plural is found in' the clause already quoted from art. 48 of the Amendments, it manifestly is there used in a much more restricted sense. To give the word an identical meaning in both art. 30 of the Bill of Rights and art. 48 of the Amendments would wipe out the distinction drawn in the latter article between appropriations for expenses of the Commonwealth and appropriations for expenses of departments, boards, commissions and institutions. That distinction is in art. 48. It cannot be ignored. It must be recognized and enforced. To attribute the same meaning to the word in both articles would also render superfluous and of no signification the remaining descriptive words in the relevant clause of art. 48 of the Amendments, namely: “boards, commissions or institutions.” Every part, clause, phrase and word of the Constitution and its amendments must be given meaning commensurate with the importance of the instrument of government in which it occurs.

The established and recognized rules of grammatical construction require that the words' “current or ordinary expenses” in the quoted clause of art. 48 refer to and modify the words “of the commonwealth” immediately following, and do not extend to appropriations “for any of its departments, boards, commissions or institutions.” The* word “for” precedes each division of the quoted clause and marks the difference between the two branches of that clause. Appropriations “for the current or ordinary expenses of the commonwealth ” alone are excluded from the operation of the referendum by the quoted clause, while appropriations “for any of its departments, boards, commissions or institutions,” whether for current or ordinary expenses, or for exceptional or momentous expenses, are excluded from the operation of the referendum.

The debates of the Constitutional Convention of 1917-1918 demonstrate that the distinction between the two branches of the relevant claflse of art. 48 was discussed and clearly stated while that Amendment was being considered. The corresponding clause of the resolution for establishing [369]*369the initiative and referendum reported by the committee of the whole of the convention was in these words: “No law, appropriating money for the current or ordinary expenses of the Commonwealth or of any of its departments, boards, commissions or institutions . . . shall be the subject of such referendum petition.” Yol. II, Debates of the Constitutional Convention, 677. An amendment was offered striking out the words “of any” and inserting in place thereof the words “for any.” The proposed amendment was the subject of discussion. Arguments were put forward in favor of and against its adoption.

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Bluebook (online)
176 N.E. 1, 275 Mass. 365, 1931 Mass. LEXIS 1399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yont-v-secretary-of-commonwealth-mass-1931.