283 Mass. 98 | Mass. | 1933
This proceeding is a petition by twenty-two qualified voters of the Commonwealth for a writ of mandamus directed to the Secretary of the Commonwealth, asking that he be required to issue to the petitioners certain blanks to be used by them in obtaining signatures to a referendum petition on St. 1933, c. 76, entitled “An Act abolishing the division of smoke inspection in the department of public utilities and relative to the abatement of smoke in the city of Boston and vicinity.”
The respondent admitted the allegations contained in paragraphs numbered 1, 2 and 3 of the petition; denied the allegation in paragraph 4 that it is his duty under the terms of art. 48 of the Amendments to the Constitution of Massachusetts, The Referendum, Part III, .§ 3, “to provide blanks for the use of subsequent signers of said petition”; and admitted the allegation contained in paragraph 5 that the petitioners “have demanded of the respondent that he furnish them with, such blanks but the respondent has neglected and refused, and still neglects and refuses to do so.” The respondent further answering says in substance that St. 1933, c. 76, is not subject to petition for a referendum under art. 48 of the Amendments to the Constitution of Massachusetts.
On the aforesaid petition the case came before a single justice of the Supreme Judicial Court and was reserved upon the petition and answer for the determination of the
The petitioners invoke the cardinal rule of interpretation “that ‘. . . where a provision, general in its language and objects, is followed by a proviso, the rule applicable to such cases occurring in statutes has been applied to constitutions, viz.; that the proviso is to be strictly construed, as taking no case out of the provision that does not fairly fall within the terms of the proviso, the latter being understood as carving- out of the provision only specified exception, within the words as well as within the reason
The petitioners recognize that the particular language of the “Excluded Matters” now under consideration by this court was considered in the debates -in the Constitutional Convention of 1917-1918 and that the debates are reported in Debates in Constitutional Convention 1917-1918, vol. II, page 703. It is not controverted by the petitioners that “It is permissible to examine the debates of the Constitutional Convention for the purpose of ascertaining the views presented to the Convention and the understanding of its members, although the plain 'meaning of the words used in the Amendment cannot be thereby controlled.” Yont v. Secretary of the Commonwealth, 275 Mass. 365, 369. Applying the rule quoted from Yont v. Secretary of the
In the light afforded by the record of the Debates in the Constitutional Convention above quoted, and in view of the Opinion of the Justices, 254 Mass. 617, and the Opinion of the Justices, 261 Mass. 523, 553-554, we are of opinion that the provisions of St. 1933, c. 76, are restricted in operation to “particular districts or localities” as this phrase is used in art. 48 of the Amendments to the Constitution, and that consequently the provisions of St. 1933, c. 76, fall within matters which are excluded from a referendum, and that the petitioners cannot rightly demand from the respondent additional blanks to be signed by other petitioners. It results that the petition is. to be dismissed with costs.
So ordered.